Loading...
HomeMy WebLinkAboutMN-CC-2001-07-05 1 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 2 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 3 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 4 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 5 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 6 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 7 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 8 -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. July 5, 2001 9 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 10 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 11 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