HomeMy WebLinkAboutMN-CC-2001-07-05
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. July 5, 2001
PRESENT:
Mayor Cohen
Alderpersons (8) Pryor, Sams, Blumenthal, Manos, Vaughan, Spielholz, Taylor,
Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Cafferillo
Planning and Development Director – Van Cort
Deputy Director of Planning and Development – Cornish
Economic Development Director - McDonald
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
EXCUSED:
Alderpersons: Farrell, Glasstetter
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Budget and Administration Committee
Mayor Cohen requested the deletion of Item 17.3 – Resolution to Delegate Authority to
Issue and Sell Revenue Anticipation Notes.
No Council member objected.
MAYOR'S APPOINTMENTS:
Bicycle Pedestrian Advisory Council
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That the following people be appointed to the Bicycle Pedestrian Advisory
Council:
Karen LoParco, with a term to expire December 31, 2002
Barton Smith, with a term to expire December 31, 2001
Jennifer Dotson, with a term to expire December 31, 2004
Carried Unanimously
Ithaca Housing Authority
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That Joan Serra be appointed to the Ithaca Housing Authority with a term
to expire October 17, 2003
Carried Unanimously
Affirmative Action Advisory Committee
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That Eric Woodward be appointed to the Affirmative Action Advisory
Committee with a term to expire December 31, 2003
Carried Unanimously
Community Police Board
By Mayor Cohen: Seconded by Alderperson Manos
RESOLVED, That LaBerta McGruder be appointed to the Community Police Board with
a term to expire December 31, 2003.
Carried Unanimously
July 5, 2001
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PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Leah Sontag, City of Ithaca, addressed Council in support of bicycle lanes and voiced
her interest in being appointed to the Bicycle Pedestrian Advisory Committee.
RESPONSE TO THE PUBLIC:
Alderperson Hershey described some of the barriers that have prevented the
implementation of the Bicycle Plan to date.
Alderperson Pryor noted that Common Council supports the Bicycle Plan and that the
recent Mayoral appointments to the Bicycle Pedestrian Advisory Committee will allow
the Committee to continue with their important charge.
Alderperson Sams voiced her support for Ms. Sontag on the BPAC and noted that she
is very good at mediating difficult situations.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Spielholz reminded Common Council members of the upcoming “Relay for
Life” walk at the Ithaca High School track on July 13-14, 2001. Funds raised for this
event will benefit the American Cancer Society. The City of Ithaca will field a team of
walkers, organized by Deputy Planning and Development Director JoAnn Cornish and
Economic Development Director Douglas McDonald.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen and Fire Chief Wilbur briefed Common Council on the upcoming Disaster
Preparedness Drill. The Ithaca Fire Department will be hosting a mock high rise fire at
Titus Towers on July 24, 2001 from approximately 9:00 am – 12:00 pm. This exercise
will allow emergency personnel to assess their response, document successes, and
make improvements to failed responses. A comprehensive report will be written after
the drill. Common Council members will have several local sites where they may
observe the drill.
ECONOMIC DEVELOPMENT COMMITTEE:
Relocation of FBM BMX, inc., from Ithaca, NY., to the Broome County/Triple Cities
Economic Development Zone - Resolution
By Mayor Cohen: Seconded by Alderperson Spielholz
WHEREAS, New York State Empire Development Zones legislation requires that a
municipality in which a local business is located must approve the relocation of an
existing business from that municipality into an Empire Development Zone located in
another municipality when the business avails itself of the various incentives under the
legislation, and
WHEREAS, FBM BMX, Inc., a business originally located in Ithaca, NY, attempted to
relocate within the City of Ithaca but, for several business-related reasons, including a
need to locate in closer proximity to a complementary business, and
WHEREAS, the owners of FBM BMX, Inc. have found appropriate space for their
business at 44 Corliss Avenue, Johnson City, NY, at a site located within the Broome
County/Triple Cities Empire Development Zone, and
WHEREAS, FBM BMX, Inc has applied to become a certified Empire Development
Zone business as prescribed under New York State Empire Development Zones
legislation in order to avail themselves of various incentives as provided under such
legislation; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca, duly convened at a
regularly scheduled meeting, does hereby approve the relocation of FBM BMX, Inc.
July 5, 2001
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from its location at 120 Brindley Street, Ithaca, NY to a location in Johnson City, NY
within the legally constituted Broome County/Triple Cities Empire Development Zone.
Director of Economic Development Douglas McDonald explained that FBM BMX, Inc. is
a small company that assembles BMX bicycles. The business employed one person,
and recently moved to Johnson City after a fire damaged the building they were renting.
They relocated near another company that compliments their business and have added
an additional employee. After the relocation of their business they discovered various
incentives that were available to them through the Broome County/Triple Cities
Economic Development Zone. In order to take advantage of these incentives, Common
Council must approve the relocation of the business.
Mayor Cohen noted that the Economic Development Committee reviewed this case
thoroughly before recommending approval of this resolution. He stated that the City of
Ithaca is dedicated to encouraging businesses to open and prosper in the City.
A vote on the Resolution resulted as follows:
Carried Unanimously
HUMAN RESOURCES COMMITTEE:
Resolution DPW (Streets & Facilities) – Golf Course Manager Salary Adjustment
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the Golf Course Manager, Steve Torrant, is not covered by a bargaining
unit agreement, and
WHEREAS, the Department of Public Works unintentionally did not extend the annual
percentage increases authorized for 1999, 2000 and 2001; now, therefore, be it
RESOLVED, That the annual salary for Golf Course Manager Steve Torrant be
adjusted retroactively to reflect the 1999 increase of 2.5%, 2000 increase of 3%, and
the 2001 increase of 3%, and be it further
RESOLVED, That the increase for said salary adjustment will total $3,538, of which
$1,894 will be funded from the existing Golf Course Budget and $1,644 will be
transferred from account A5132-5115.
Mayor Cohen noted that the dollar amounts listed in this resolution are not correct due
to the retroaction of the increases.
Motion to Table
By Alderperson Pryor: Seconded by Alderperson Manos
RESOLVED, That this item be tabled pending the submission of updated salary figures.
Carried Unanimously
Motion to Remove from Table
By Alderperson Pryor: Seconded by Alderperson Manos
RESOLVED, That this item be removed from the table.
Carried Unanimously
Amending Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That the last Resolved clause be amended to read as follows:
“RESOLVED, That the increase for said salary adjustment will total $5,251, of which
$1,894 will be funded from the existing Golf Course Budget and $3,357 will be
transferred from account A5132-5115.”
Carried Unanimously
July 5, 2001
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Discussion followed on the floor with Alderperson Hershey suggesting that this position
be reviewed during the budget season due to the unusual nature of the seasonal
working hours to ensure proper classification and equity to other positions.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
Resolution Fire Department – Temporary Fire Fighter Position
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, Fire Fighter Charles W. Heath has indicated his intent to retire, effective 25
AUG 01, which will create a vacancy in a permanent position on that date; and,
WHEREAS, the next recruit Fire Fighter training course at the New York State Academy
of Fire Science starts on 06 AUG 01, and missing this training class would result in a
delay of as much as seven months while waiting for the next recruit class to start, and
such delay will result in extra expense for occasional overtime coverage made
necessary as the result of the lack of certified Fire Fighters; and,
WHEREAS, authorization to create a temporary position of Fire Fighter would permit
hiring prior to the effective vacancy date, and thus allowing the new hire to attend the
next recruit training class; and,
WHEREAS, it is desirable and provides more flexibility for the department and support
for a new employee to hire at least two weeks prior to the recruit leaving for training;
and,
WHEREAS, a current civil service eligible list for the position of Fire Fighter exists; now,
therefore be it
RESOLVED, Upon receipt and acceptance of a letter of resignation from FF Heath, a
temporary position of fire fighter is approved for the period 23 JUL 01 through 25 AUG
01; and, be it further
RESOLVED, At such time as the vacancy is created as the result of the retirement of
Fire Fighter Charles W. Heath, the temporary appointee shall be made permanent and
the authorization for the temporary Fire Fighter position shall expire.
Mayor Cohen took the opportunity to praise Chuck Heath for his 35+ years of dedicated
service to the City of Ithaca. He noted that Chuck is a wonderful person and a true
professional in his field.
A vote on the Resolution resulted as follows:
Carried Unanimously
Executive Association Compensation Study - Resolution
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, Common Council authorized contracting for an Executive Association
Salary Compensation Study as part of the January 1, 2000 – December 31, 2002
collective bargaining agreement, and
WHEREAS, Common Council set aside $10,000 in restricted contingency to pay for any
necessary salary adjustments, and
WHEREAS, Total Compensation Services conducted a comprehensive study
establishing a point factor job evaluation (for internal equity) and a new salary structure
(from market data), and therefore be it
July 5, 2001
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RESOLVED, That the following Executive Association salary structure be adopted:
Acting Dep. Bldg Commissioner “A $45,766 $55,812 $65,858
Civil Engineer
Bridge Systems Engineer
City Forester
Traffic Systems Engineer
Supervisor of Streets
Supv, Bldg Maintenance & Solid Waste
Recreation Facilities Mgr “B” $42,164 $51,419 $60,674
Motor Equip Maint Supv
Transit Service Supv
Director of Development
Chief Wastewtr Trtmt Plt Op
Chief Water Trtmt Plt Op
Network Administrator (Open)
Supv of Water & Sewer
Asst Bldg Systems Supv “C” $24,835 $30,286 $35,737
and, be it further
RESOLVED, That salary adjustment be made for the following positions:
Bridge Systems Engineer $3,030
Supv, Bldg Maint & Solid Waste 1,692
Motor Equipment Maint Supv 633
Transit Service Supervisor 3,271
Director of Development 3,699
and, be it further
RESOLVED, That Common Council authorizes the Controller to transfer $6,162.50 to
the appropriate accounts for the recommended salary adjustments.
Discussion followed on the floor with Human Resources Director Michell-Nunn explaining
that this study is similar to the Management Compensation Study approved by Common
Council in 2000. The five positions listed in this resolution are either being brought up to
the minimum hiring level or being phased into the minimum hiring level by giving them 10%
salary increments during the next 6 to 18 month period. These positions have fallen below
hiring ranges due to the past freezing of hiring salaries.
The CSEA DPW and Administrative Units will be undertaking a similar study to be
conducted by the New York State Civil Service Office.
The goal of the City is to move towards a performance evaluation program, and
performance based salary increases.
A vote on the Resolution resulted as follows:
Carried Unanimously
July 5, 2001
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BUDGET AND ADMINISTRATION COMMITTEE:
Planning Department – Approve Designation of Preferred Developer for
Development of Land Located within the Designated City of Ithaca Urban Renewal
Area
By Alderperson Spielholz: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca is a municipal corporation established pursuant to and by
virtue of the Laws of the State of New York, having offices and a principal place of
business at City Hall, 108 East Green Street in the City of Ithaca, County of Tompkins
and State of New York is desirous of developing certain parcels of land within the City of
Ithaca described in Exhibit A below, and
WHEREAS, Monahan Development Corporation, a New York Corporation organized
pursuant to, and by virtue of the Laws of the State of New York, having offices and a
principal place of business located at 103 East Water Street in the City of Syracuse,
County of Onondaga, State of New York, has been working with City of Ithaca
professional staff and with the Common Council of the City of Ithaca with the mutual
goal of developing certain parcels of land described in Exhibit A, and
WHEREAS, both the City Council of the City of Ithaca and Monahan Development
Corporation, having discussed and analyzed the potential redevelopment of the
described sites, and, with no other potential developers having expressed any interest
in developing a similar project at this site, are desirous of having Monahan Development
Corporation designated as the Preferred Developer for the above-mentioned parcels,
and
WHEREAS, the Common Council of the City of Ithaca by a Resolution dated December
3, 1975, and duly adopted, did approve an Urban Renewal Plan for the City of Ithaca
which includes the area described in Exhibit A attached to this Resolution as an
appropriate area for urban renewal activities, including redevelopment, and
WHEREAS, the parties hereto desire to enter into an agreement in order to develop the
parcels described in Exhibit A into a mixed-use project, referred to collectively as the
"Cayuga Green" project, including in part, but not limited to, housing components, retail
and office space and parking facilities to support those uses as well as other uses in the
vicinity of the parcels, and
WHEREAS, the parties hereto acknowledge that in order to develop the project they will
have to work in a collective fashion within certain designated and agreed upon time
lines in order to bring about a timely result of their efforts, and
WHEREAS, Monahan Development Corporation has heretofore submitted to the City of
Ithaca, evidence of successful and appropriate development experience including
personal and professional references and also evidence of successfully completed
development and redevelopment projects, and
WHEREAS, the Ithaca City Common Council anticipates the establishment of a number of
dates for public hearings and other input before the Ithaca City Common Council and other
appropriate organizations in reference to the contemplated approval at various stages, by
the Ithaca City Common Council of the development of the above described lands; now,
therefore be it
RESOLVED that the Common Council of the City of Ithaca, duly convened in regular
session, hereby does resolve that:
Section 1. The Ithaca City Common Council hereby approves designation of
Monahan Development Corporation as Preferred Developer.
July 5, 2001
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Section 2. Common Council by virtue of such designation of Monahan
Development Corporation as Preferred Developer thereby approves the concept of
development of the lands described in Exhibit A, for purposes of a mixed-use project.
Section 3. This approval shall be subject to compliance with appropriate and
relevant Federal, State and local regulations.
Section 4. This Resolution shall constitute an exclusive agreement between the
City of Ithaca and Monahan Development Corporation for development of a mixed-use
parking, retail/commercial and housing project on City-owned land in the City of Ithaca,
as described in Exhibit “A” It is mutually understood that under no circumstance would
the City of Ithaca be prohibited from the development and construction of parking
facilities on these same lands, either with or without Monahan Development Corporation
as a partner in the development.
Section 5. The term of this Resolution designating Monahan Development
Corporation as Preferred Developer shall be no longer than twelve (12) months from the
date of approval of the Resolution. However the term may be extended by mutual
consent of the City and the Preferred Developer for increments of not less than thirty
(30) days and such extensions shall be agreed to in writing.
Section 6. The City of Ithaca and the Preferred Developer are to take any
required actions and execute any required documents necessary to carry out the intent
and purposes of this Resolution and to pursue the development project. If the City of
Ithaca, or Monahan Development Corporation, in either parties' reasonable discretion,
determines that the project is no longer feasible or in the best interest of the City of
Ithaca, or of Monahan Development Corporation, financially or otherwise, or that the
project cost estimates or marketing plans are unacceptable, or for any other reason,
then either party may terminate the arrangement upon giving the other party thirty (30)
days prior written notice of its determination.
Section 7. In the event that both parties decide that the terms of this Resolution
should be embodied in a formal but separate written Preferred Developer Agreement
which reflects the terms, conditions and intent of this Resolution, then Common Council
hereby authorizes the Mayor, upon review by the City Attorney, to sign such Agreement.
Section 8. The City of Ithaca and the Preferred Developer agree that both parties
will, to the maximum extent possible, adhere to and follow the general sequence of
events for the development of this project as described in the following list:
(a) Common Council Project/Developer Discussion June 2001
(b) Designate a Preferred Developer July 2001
(c) Project Scoping & Definition July/Aug 2001
-public roles
-private roles
-meet with Common Council
-meet with the public
-involve TCAT and other transportation entities
(d) Common Council Endorses Conceptual Business
Plan Aug/Sept 2001
(e) Common Council Establishes Capital
Project Aug/Sept 2001
(f) Feasibility Analyses & Design begins Sept/Dec 2001
-environmental
-geo/tech
-pollution/noise issues
-traffic studies
-parking demand and operations studies
July 5, 2001
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-housing study
-commercial/retail analyses
-financial plan
(g) Initiate Site Plan Review process Sept/Dec 2001
(h) Common Council Approves project
development package Dec 2001
(i )Detailed Construction Drawings Begin
Continue and Complete Site Plan Review Jan/Feb 2002
(j) Common Council votes on financing
package Feb/Mar 2002
(k) Complete Site Plan Review July/Aug 2002
(l) Begin Construction Aug/Sept 2002
(m) Complete Project Dec 2003
Section 9. This Resolution shall take effect immediately.
EXHIBIT “A”
DESCRIPTION OF PROJECT LANDS
This Resolution, designating Monahan Development Corporation as Preferred
Developer includes the following City-owned tax parcels of land as potential parcels for
the development of the Cayuga Green Project:
Tax parcel #70.8-10.2 (131-133 E. Green St.)
Tax parcel #81-2.1 (235 S. Cayuga St.)
Tax parcel #70-4.6 (112 E. Green St)
Tax parcel #70-8-10.1 (135 E. Green St.)
And also including the following two parcels:
Tax parcel #70.4-5.2 (116-128 E. Green St. - "air rights" only)
Tax parcel #70-4.4 (215 E. State St. - "air rights" only)
The above tax parcels are more particularly shown on a portion of the official tax map of
the City of Ithaca as shown below. Although with exception of "air rights" neither the City
of Ithaca nor the Preferred Developer have any right, title and/or interest in, or to, the
tax parcels #70-4-5.2 and #70-4.4 as shown on the tax map, both parties hereto
mutually acknowledge that said parcel may potentially be incorporated into the project
contemplated by this Resolution.
Discussion followed on the floor with Mayor Cohen explaining the history of the project, and
noted that this legislation does not bind the City in any manner. This resolution states that
Common Council approves the development of the site in concept only.
He further stated that the City will be the controlling landowner of the project and that
Common Council will have discussions with the developer regarding what the project will
consist of. Public input sessions will be included in the process along with all of the other
requirements including site plan review and CEQR.
A vote on the resolution resulted as follows:
Carried Unanimously
Executive Session
By Alderperson Manos: Seconded by Alderperson Spielholz
RESOLVED, That Common Council adjourn into Executive Session to discuss pending
litigation.
Carried Unanimously
Alderpersons Blumenthal and Vaughan arrived at the meeting at 8:55 pm.
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Alderperson Blumenthal left the meeting at 10:00 pm.
Reconvene
Common Council reconvened into regular session at 10:00 pm, with no formal action
taken.
A Resolution Authorizing the Issuance of $3,763,812 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 Pryor
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 $3,763,812 serial bonds of
said City pursuant to the provisions of the Local Finance Law, apportioned among such
objects or purposes in accordance with the amount of serial bonds stated as authorized or,
if not stated, the maximum estimated cost of each. Such objects or purposes are as
follows:
a) To pay the cost of the purchase of time management software for the Police
Department, including incidental expenses in connection therewith, at a maximum
estimated cost of $30,000. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is five years, pursuant to
subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law;
b) To pay the cost of the reconstruction of the Thurston Avenue Bridge over Fall
Creek, including incidental expenses in connection therewith, at a maximum
estimated cost of $1,210,312, provided, however, that the amount of serial bonds
ultimately to be issued will be reduced by the amount of any State and/or Federal
aid received by said City for such specific object or purpose. It is hereby determined
that the period of probable usefulness of the aforesaid specific object or purpose is
twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the
Local Finance Law;
c) To pay additional costs of the construction of a pedestrian bridge over Route 13,
including planning and incidental expenses in connection therewith, at a maximum
estimated cost of $365,000 (including the $250,000 serial bonds authorized by bond
resolution dated and duly adopted August 2, 2000; revised maximum estimated cost
of this specific object or purpose is now $365,000; amount of serial bonds
authorized by this bond resolution, $115,000). It is hereby determined that the
period of probable usefulness of the aforesaid specific object or purpose is twenty
years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local
Finance Law, computed from August 11, 2000, the date of issuance of the first bond
anticipation note therefor;
d) To pay additional costs of the reconstruction of the Linn Street Bridge in and for said
City, including incidental expenses in connection therewith, at a maximum estimated
cost of $1,130,000(including the $788,000 serial bonds authorized by bond
resolution dated and duly adopted May 6, 1998; revised maximum estimated cost of
this specific object or purpose is now $1,130,000; amount of serial bonds authorized
by this bond resolution, $342,000), provided, however, that the amount of serial
bonds ultimately to be issued will be reduced by the amount of any State and/or
July 5, 2001
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Federal aid received by said City for such specific object or purpose. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section 11.00
of the Local Finance Law, computed from January 21, 2000, the date of issuance of
the first bond anticipation note therefor;
e) To pay additional costs of the construction of West State Street, including planning
and incidental expenses in connection therewith, at a maximum estimated cost of
$1,190,000 (including the $800,000 serial bonds authorized by bond resolution
dated and duly adopted January 5, 2000; revised maximum estimated cost of this
specific object or purpose is now $1,190,000; amount of serial bonds authorized by
this bond resolution, $390,000). It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law,
computed from January 19, 2001, the date of issuance of the first bond anticipation
note therefor;
f) To pay additional costs of the reconstruction of the Stewart Avenue Bridge, in and
for said City, including incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $1,270,000 (including the $526,000
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
$1,270,000; amount of serial bonds authorized by this bond resolution, $744,000),
provided, however, that the amount of serial bonds ultimately to be issued will be
reduced by the amount of any State and/or Federal aid received by said City for
such specific object or purpose. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is twenty years, pursuant to
subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, computed
from January 21, 1999, the date of issuance of the first bond anticipation note
therefor; provided, however, that the amount of serial bonds ultimately to be issued
will be reduced by the amount of any State and/or Federal aid received by said City
for such specific object or purpose;
g) To pay additional costs of the reconstruction of various streets and roads, including
incidental expenses in connection therewith, at a maximum estimated cost of
$428,226 (including the $300,000 serial bonds authorized by bond resolution dated
and duly adopted January 5, 2000; revised maximum estimated cost of this specific
object or purpose is now $428,226; amount of serial bonds authorized by this bond
resolution, $128,226). It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law,
computed from January 21, 2000, the date of issuance of the first bond anticipation
note therefor;
h) To pay additional costs of various improvements to the Commons Pedestrian Mall,
incidental expenses in connection therewith, at a maximum estimated cost of
$373,364 (including the $352,000 serial bonds authorized by bond resolution dated
and duly adopted January 5, 2000; revised maximum estimated cost of this specific
object or purpose is now $373,364; amount of serial bonds authorized by this bond
resolution, $21,364). 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, computed from
January 21, 2000, the date of issuance of the first bond anticipation note therefor;
i) To pay the cost of the construction of flood erosion and storm water improvements,
including incidental expenses in connection therewith, at a maximum estimated cost
of $128,110. It is hereby determined that the period of probable usefulness of the
aforesaid class of object or purpose is thirty years, pursuant to subdivision 3 of
paragraph a of Section 11.00 of the Local Finance Law;
j) To pay the cost of the original improvement and embellishment of various City
parks, including incidental expenses in connection therewith, at a maximum
estimated cost of $21,600. It is hereby determined that the period of probable
July 5, 2001
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usefulness of the aforesaid class of object or purpose is fifteen years, pursuant to
subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law;
k) To pay additional costs of the reconstruction of City Hall, including original
furnishings, equipment, machinery, apparatus, appurtenances, and incidental
improvements and expenses in connection therewith, at a maximum estimated cost
of $835,000 (including the $180,000 serial bonds authorized by bond resolution
dated and duly adopted August 2, 2000; the $500,000 serial bonds authorized by
bond resolution dated and July adopted July 7, 1999, and the $120,000 serial bonds
authorized by bond resolution dated and duly adopted January 5, 2000; revised
maximum estimated cost of this specific object or purpose is now $835,000);
amount of serial bonds authorized by this bond resolution, $35,000). 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 August 11, 1999, the date of
issuance of the first bond anticipation note therefor;
l) To pay the cost of the construction of improvements to Route 13 between
Cascadilla Street and Willow/Dey Streets, including incidental expenses in
connection therewith, at a maximum estimated cost of $172,500. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00
of the Local Finance Law
m) To pay the cost of the construction of new or reconstruction of existing trails at Cass
Park, including incidental expenses in connection therewith, at a maximum
estimated cost of $425,000, provided, however, that the amount of serial bonds
ultimately to be issued will be reduced by the amount of any State and/or Federal
aid received by said City for such specific object or purpose. It is hereby determined
that the period of probable usefulness of the aforesaid specific object or purpose is
fifteen years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the
Local Finance Law
Section 2. The aggregate maximum estimated cost of the aforesaid specific objects
or purposes and classes of objects or purposes is $3,763,812, 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 amount of serial bonds stated as authorized or, if not stated, 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.
July 5, 2001
12
Section 6. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner as
he shall deem best for the interests of the City; provided, however, that in the exercise of
these delegated powers, he shall comply fully with the provisions of the Local Finance Law
and any order or rule of the State Comptroller applicable to the sale of municipal bonds.
The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds,
who shall not be obliged to see to the application of the purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or declining
annual debt service, including prescribing whether manual or facsimile signatures shall
appear on said bonds, prescribing the method for the recording of ownership of said
bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and
delivery of said bonds (and if said bonds are to be executed in the name of the City by the
facsimile signature of its City Controller, providing for the manual countersignature of a
fiscal agent or of a designated official of the City), the date, denominations, maturities and
interest payment dates, place or places of payment, and also including the consolidation
with other 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 on the resolution resulted as follows:
Alderperson Pryor – Aye Alderperson Manos – Aye
Alderperson Sams - Aye Alderperson Vaughan – Aye
Alderperson Spielholz – Aye Alderperson Taylor – Aye
Alderperson Hershey – Aye
July 5, 2001
13
Carried Unanimously
A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, THE POWER TO AUTHORIZE THE
ISSUANCE OF AND TO SELL, FROM TIME TO TIME AND DURING ANY FISCAL
YEAR, REVENUE ANTICIPATION NOTES OF SAID CITY IN ANTICIPATION OF
THECOLLECTION OR RECEIPT OF REVENUES ESTIMATED TO BE RECEIVED BY
SAID CITY.
This item was withdrawn from the agenda.
ADJOURNMENT:
On a motion the meeting adjourned at 10:10 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor