HomeMy WebLinkAboutMN-CC-2003-10-01 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm October 1, 2003
PRESENT:
Mayor Cohen
Alderpersons (9) Manos, Pryor, Sams, Whitmore, Vaughan, Mack, Peterson,
Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
City Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Assistant Superintendent of Water & Sewer - Fabbroni
EXCUSED:
Alderperson Blumenthal
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Consent Agenda:
Alderperson Peterson requested that Item 8.3 – City Retirement Incentive
Program – Resolution be moved to Item 12.4 on the Human Resources Agenda
as it has been modified.
No Council member objected.
New Business:
Mayor Cohen requested the deletion of Item 13.3 – Declaration of Intent to be
Lead Agency on the Amendments to the SJS Agreement – Resolution, as this
item does not require Common Council consideration.
No Council member objected.
COMMUNICATIONS / PROCLAMATIONS:
Mayor Cohen presented the following proclamations:
The month of October as Breast Cancer Awareness Month
The month of October as Cornell Cooperative Extension Month
The week of October 5 – 11, 2003 National 4-H week in the City of Ithaca
The month of October as Disability Employment Awareness Month
The wee of October 20-25, 2003 as World Population Awareness Week
Mayor Cohen announced that Deputy Director of Planning and Development
JoAnn Cornish was presented with the City’s Annual Employee Recognition
Award at the City employee picnic on September 26, 2003. He voiced his
appreciation for all of the fine work Ms. Cornish does for the City and expressed
his thanks to her.
October 1, 2003
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City Clerk Holcomb read the following communication into the record:
“The City of Ithaca is required by the U.S. Department of Housing and Urban
Development (HUD) to annually report on its progress in implementing its
Community Development Block Grant (CDBG) Program. The annual report,
known as the Performance Assessment Report (PAR), is available for public
comment. The City has prepared a PAR for its CDBG funded programs of 1997,
1998 and 1999. These reports outline the activities funded by each grant and
measure their respective performances. (Activities funded after 1999 are
administered by the NY Governor’s Office for Small Cities and subject to different
reporting requirements).
Copies of the PAR will be available for review from October 24 to October 31,
2003 in the City’s Community Development Office, Third Floor, City Hall, 108
East Green Street, Ithaca, New York. Citizens should comment in writing to the
address above before 4:30 pm on October 31, 2003. These comments will be
forwarded to HUD.”
Alderperson Sams arrived at the meeting at 7:10 pm.
SPECIAL ORDER OF BUSINESS:
5.1 A Public Hearing to Consider the Proposal to Amend the City’s
Comprehensive Plan in Order to Include Language Regarding the Site of
the Former Ithaca Gun Factory
Resolution to Open Public Hearing
By Alderperson Hershey: Seconded by Alderperson Mack
RESOLVED, That the Public Hearing to Consider the Proposal to Amend the
City’s Comprehensive Plan in Order to Include Language Regarding the Site of
the Former Ithaca Gun Factory be declared open.
Carried Unanimously
The following people addressed comments to Common Council:
Joel Harlan, Town of Newfield
Fay Gougakis, City of Ithaca
Kate Lunde, City of Ithaca
Neil Oolie, City of Ithaca
Sarah Steuteville, City of Ithaca
Sarah Adams, City of Ithaca
Andrew Dixon, Town of Ithaca
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Mack
RESOLVED, That the Public Hearing to Consider the Proposal to Amend the
City’s Comprehensive Plan in Order to Include Language Regarding the Site of
the Former Ithaca Gun Factory be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed comments to Common Council:
Joel Harlan, Town of Newfield – Economic development, property tax increases.
Neil Oolie, City of Ithaca – Common Council agenda revisions.
Fay Gougakis, City of Ithaca – Jetski legislation, crime, dog barking ordinance.
Marge Dill, Human Services Coalition – Compass II, Tompkins County Final
Report.
RESPONSE TO PUBLIC:
Alderperson Hershey responded to comments made about crime in Ithaca.
Mayor Cohen responded to comments made about the revisions to the Common
Council agenda, and noted that each revision was posted to the City’s website.
October 1, 2003
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Mayor Cohen presented Common Council members with copies of the 2004 City
of Ithaca Mayor’s Recommended Budget. He reviewed the highlights of the
budget that include a 14.1% tax increase, and the elimination of 15 positions.
He stated that he is not recommending an increase in trash tag fees or the water
rate, but is recommending a 10% increase in the sewer rate.
Mayor Cohen stated that a budget overview meeting has been scheduled for
October 7, 2003 at 7:00 pm, and that the first budget public hearing will be held
on October 14, 2003.
CONSENT AGENDA:
8.1 Planning Department - Conveyance of Tax Parcel #69.-1-3 (324 East
State Street) from the IURA to the City of Ithaca - Resolution
By Alderperson Whitmore: Seconded by Alderperson Manos
WHEREAS, the Ithaca Urban Renewal Agency (IURA) acquired 324 E. State
Street (Tax Parcel #69.-1-3), an approximately 3,000 square foot parcel, as part
of an urban renewal project in 1976, and
WHEREAS, the parcel is currently incorporated into the City’s metered public
parking lot extending from Seneca Way to East State Street located adjacent to
the Community Music and Arts building, and
WHEREAS, the parcel provides critical vehicular access to the public parking lot
from Seneca Way, and
WHEREAS, the IURA has determined the parcel is not currently needed for
urban renewal activities, and
WHEREAS, at their 12/19/01 meeting the IURA recommended that the parcel be
conveyed to the City for $1 upon a commitment by the City to landscape the
entryway from Seneca Way, including the planting of a tree, and
WHEREAS, this conveyance was included on the consent agenda for the March
7, 2001 Common Council Agenda, but not acted upon, therefore be it
RESOLVED, That the Common Council hereby agrees to accept conveyance of
tax parcel #69.-1-3 (324 E. State Street) from the IURA for $1 and further
commits to landscape the Seneca Way entrance to the public parking area,
including the planting of a tree, and be it further
RESOLVED, That all reasonable costs associated with the conveyance shall be
borne by the buyer, and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized
to execute and deliver any necessary or appropriate documents to effect the
conveyance including, but not limited to, the deed.
Carried Unanimously
8.2 Clerk’s Office - Request to Transfer Funds - Resolution
By Alderperson Whitmore: Seconded by Alderperson Manos
WHEREAS, the Clerk’s office is facing a staffing shortage due to a vacancy in
the twenty (20) hour Information Management Specialist position and the
pending medical leave of the other Information Management Specialist, and
WHEREAS, the department has been unsuccessful in filling the part-time
position and is working to fill the pending medical leave of absence with a current
part-time city employee, and
WHEREAS, in order to continue the day-to-day operation and management of the
Clerk’s Office it is necessary that at least two persons staff the office to meet the
needs of the city and its constituents, and
October 1, 2003
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WHEREAS, there is funding in the Clerk’s current budget to cover the cost of
hiring a temporary employee, now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of funds in an
amount not to exceed $2,500.00 from Account A1316-5105 to account A1316-
5435 for the purpose of hiring a temporary employee to assist the department
with its administrative functions until such time that a permanent employee can
be hired to fill the part-time vacancy in the office, and be it further
RESOLVED, That said funds needed for said position shall be derived from the
existing 2003 Clerk’s Office department budget.
Carried Unanimously
8.4 GIAC – Request to Amend 2003 Authorized GIAC Budget -
Resolution
By Alderperson Whitmore: Seconded by Alderperson Manos
WHEREAS, a computer lab, funded by the Cornell-Ithaca Partnership, has been
operating at the Southside Community Center since February, 2003, and
WHEREAS, the Cornell-Ithaca Partnership is closing September 30, 2003 and
can no longer operate or fund the computer lab after this date, and
WHEREAS, it is felt the computer lab serves a valuable purpose for the Ithaca
community, and
WHEREAS, the funding needed to continue operation of said computer lab to
December 31, 2003 will be $4,712.50, the amount needed to contract with the
current lab coordinator at 25 hours per week for 13 weeks, and
WHEREAS, funds for said amount needed can be derived from the IURA and
Cornell University; now, therefore, be it
RESOLVED, That Common Council hereby accepts the $4,712.50 in funds from
the IURA and Cornell University to fund the computer lab program at Southside
Community Center from October 1, 2003 to December 31, 2003, and be it further
RESOLVED, That Common Council hereby amends the 2003 GIAC Budget in an
amount not to exceed $4,712.50 for the purposes of contracting out the lab
coordinator operation of said computer lab as follows:
Increase Revenues:
A7311-2705 Gifts and donations $4,712.50
Increase Appropriations:
A7311-5435 Contracts $4,712.50
Carried Unanimously
8.5 DPW – Request to Amend 2003 Parks and Forestry Authorized
Budget - Resolution
By Alderperson Whitmore: Seconded by Alderperson Manos
WHEREAS, the Parks and Forestry division of DPW has received several
donations and reimbursements to purchase and plant trees for 2003, and
WHEREAS, the DPW tree budget was unfunded in 2003, and
WHEREAS, to date, insurance reimbursements and donations have been
received from various entities in the amount of $10,500, and
WHEREAS, the Parks and Forestry division would like to replace and purchase
trees with these funds; now, therefore, be it
October 1, 2003
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RESOLVED, That Common Council hereby amends the 2003 Authorized DPW
Budget by an amount not to exceed $10,500 for the purposes of acquiring and
planting trees as follows:
Increase Revenues:
A7111-2680 $9,500
A7111-2705 $1,000
Increase Appropriation Account:
A7111-5485 Trees $10,500
Carried Unanimously
8.6 DPW/Water & Sewer – Request to Complete the Sewer Electronic
Map Contract - Resolution
By Alderperson Whitmore: Seconded by Alderperson Manos
WHEREAS, the Water and Sewer Department has used City Water and Sewer
employee Mr. Sharaf’s skills to do water and sewer GIS mapping over the past
five years, and
WHEREAS, he will soon be leaving City employment for personal reasons, and
WHEREAS, Mr. Sharaf would like to complete the sewer electronic mapping
project, which he has started, and
WHEREAS, Assistant Superintendent of Water and Sewer Fabbroni is
recommending that Mr. Sharaf be hired under contract to complete the sewer
electronic map at a total cost of $9,000 for the remainder of 2003, and
WHEREAS, funds are available for said contract from Water and Sewer
budgeted funds for his position for the remainder of 2003; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Mayor to enter into a
contract with Nematallah Sharaf at a cost not to exceed $9,000 for the purpose of
completing the sewer electronic map, and be it further
RESOLVED, That funding for said contract shall be derived from the transfer of
Water and Sewer funds as follows:
Transfer from Appropriation Accounts:
F8311-5110 $3,600
G8111-5110 $5,400
Transfer to Appropriation Accounts:
F8311-5435 $3,600
G8111-5435 $5,400
and be it further
RESOLVED, That said budget transfer is Water and Sewer Budget neutral.
Carried Unanimously
11. BUDGET & ADMINISTRATION COMMITTEE
11.1 DPW – Request to Amend Code Compliance Capital Project for GIAC
Boxing Room Floor and Front Office Business Counter Replacement -
Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, bids for the GIAC Boxing Room Floor and Front Office Business
Counter Replacement Project were opened on July 1, 2003 with one bid received
by McPherson Builders Inc. for $53,987, and
WHEREAS, funding for this project was to be derived from Code Compliance
Capital Project #423 and GIAC Gym Renovation Capital Project #339, and
October 1, 2003
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WHEREAS, the GIAC Gym Project has $27,000 available for the Boxing Room
Floor Project and the Code Compliance Project currently has no funds available,
and
WHEREAS, the post-bid budget for the GIAC Boxing Room Floor and Front
Office Business Counter Replacement is $62,000, leaving a project deficit of
$35,000, and
WHEREAS, the boxing room floor is in very poor condition, a walking hazard and
out of compliance with current building codes; now, therefore, be it
RESOLVED, That Common Council hereby authorizes an amendment to Capital
Project #423 Code Compliance in an amount not to exceed $35,000 for the
purposes of renovating the GIAC boxing room floor and front office business
counter, and be it further
RESOLVED, That the funds necessary for this project shall be derived from a
General Fund advance and later paid back by the issuance of Serial Bonds.
Carried Unanimously
12. HUMAN RESOURCES COMMITTEE:
12.1 DPW/Engineering - Amendment to Personnel Roster - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, the Superintendent of Public Works has had to realign staff
resources in order to accomplish the current engineering work program, and
WHEREAS, the reassignment of job responsibilities has changed the scope and
nature of current staff positions, and
WHEREAS, the Superintendent of Public Works wishes to have the authorized
staffing pattern reflect the work that is being performed, and
WHEREAS, the Civil Service Commission has created the title of Assistant City
Engineer as requested by the Superintendent of Public Works, now, therefore, be
it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: Two (2) positions of Assistant City Engineer
Delete: One (1) position of Civil Engineer
One (1) position of Bridge Systems Engineer
and, be it
RESOLVED, That these individual receive 5% above their current base salary as
additional compensation of a combined total of $5,499.00 for the increased
scope of responsibility retroactive to October 23, 2002, and be it
RESOLVED, That Common Council authorizes the transfer of $5,499.00 from
unrestricted contingency to account # 1490-5110, and be it further
RESOLVED, That the position of Assistant City Engineer be assigned to the City
Executive Association Compensation Plan at salary grade A.
Discussion followed on the floor with Alderperson Mack speaking in favor of a
higher percentage increase.
Superintendent of Public Works Gray and Human Resources Director Michell-
Nunn answered questions from Council members.
October 1, 2003
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Alderperson Whitmore moved to Call the Question.
A vote on the Resolution resulted as follows:
Ayes (7) Manos, Pryor, Whitmore, Sams, Vaughan, Peterson,
Hershey
Nays (1) Mack
Carried
(Alderperson Cogan absent from vote.)
City Controller Thayer noted an error in the Resolution above, and stated that the
amount to be transferred for the increases is $5,793, not $5,499 as stated in the
Resolution.
Reconsideration of Resolution:
By Alderperson Pryor: Seconded by Alderperson Whitmore
WHEREAS, the Superintendent of Public Works has had to realign staff
resources in order to accomplish the current engineering work program, and
WHEREAS, the reassignment of job responsibilities has changed the scope and
nature of current staff positions, and
WHEREAS, the Superintendent of Public Works wishes to have the authorized
staffing pattern reflect the work that is being performed, and
WHEREAS, the Civil Service Commission has created the title of Assistant City
Engineer as requested by the Superintendent of Public Works, now, therefore, be
it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: Two (2) positions of Assistant City Engineer
Delete: One (1) position of Assistant Civil Engineer
One (1) position of Bridge Systems Engineer
and, be it
RESOLVED, That these individual receive 5% above their current base salary as
additional compensation of a combined total of $5,793.00 for the increased
scope of responsibility retroactive to October 23, 2002, and be it
RESOLVED, That Common Council authorizes the transfer of $5,793.00 from
unrestricted contingency to account # 1490-5110, and be it further
RESOLVED, That the position of Assistant City Engineer be assigned to the City
Executive Association Compensation Plan at salary grade A.
Carried Unanimously
12.2 Retirement Salary Adjustment - Resolution
By Alderperson Peterson: Seconded by Alderperson Hershey
WHEREAS, Common Council passed a 2003 budget that did not include
managerial increases, which resulted in a $5,000.00 allocation to be awarded to
managerial staff planning to retire. It was subsequently determined that no
increase would have a significant adverse financial impact on those planning to
retire in the near future, and
WHEREAS, at the time that the $5,000.00 was set aside Common Council did
not establish the criteria for distributing the amount, and
October 1, 2003
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WHEREAS, Common Council has now identified the criteria to be used to
disburse such funds for salary increases, now, therefore be it
RESOLVED, That Common Council hereby authorizes the following criteria to
award pay increases for managerial staff retiring in a year when no increase has
been provided:
Senior Staff who plan to retire by December 31, 2003;
Receive the equivalent of five days in salary (2%);
Five days shall be deducted from their annual leave balance if
additional annual leave was given in lieu of a pay increase;
Salary adjustment shall be retroactive to January 1, 2003;
If salary increases are withheld in subsequent years, this
methodology would apply for that year.
Extensive discussion followed on the floor regarding how this Resolution would
be applied in future years. Common Council members offered amended
language that would clarify the intent of the Resolution for use in 2003.
Motion to Refer to Committee:
By Alderperson Cogan: Seconded by Alderperson Pryor
RESOLVED, That this item be referred back to the Human Resources
Committee for further discussion.
Ayes (5) Pryor, Whitmore, Vaughan, Mack, Cogan
Nays (3) Manos, Peterson, Hershey
Abstention (1) Sams
Failed
A vote on the Resolution resulted as follows:
Ayes (4) Hershey, Manos, Sams, Peterson
Nays (5) Cogan, Pryor, Whitmore, Vaughan, Mack
Failed
12.3 Improved Relations Between Common Council and Department
Heads - Resolution
By Alderperson Peterson: Seconded by Alderperson Whitmore
WHEREAS, in May 2002 a retreat was held for Common Council members,
Department Heads, and the Mayor to address relations between these entities,
and
WHEREAS, a number of suggestions were proposed at the retreat and at
subsequent department head meetings to address communication and Common
Council committee meeting protocol, and
WHEREAS, a sub-committee of the Human Resources Committee was formed
to develop material to improve department head and Common Council relations,
and
WHEREAS, the sub-committee consisted of the Human Resources Committee
Chair, two additional Common Council members, and three Department Heads,
and
WHEREAS, the sub-committee developed three documents to create
improvements in the way Common Council, the Mayor, and Department Heads
communicate, share information and interact during meetings, and these
documents are entitled: "Improved Relations Between Common Council and
Department Heads," "Committee Chair's Guide to Running Better Meetings," and
"Ground Rules for Meetings," and
WHEREAS, the Human Resources Committee reviewed these documents and
recommended that they be endorsed by Common Council and be included with
October 1, 2003
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other documents regarding policies and procedures being worked on by other
City teams, now, therefore, be it
RESOLVED, That Common Council endorses these policies and procedures,
and be it further
RESOLVED, That these documents shall be used in developing the orientation
packet for new Common Council members, transmitted to the Communications
Sub-Committee of the City employee Strategic Planning Group, and distributed
to all Department Heads.
City Clerk Holcomb requested that the language in the eighth Ground Rule for
Meetings be amended to read as follows:
“If a Common Council or staff member knows ahead of time that they will offer a
replacement resolution or make significant changes, strive to get the information
out ahead of time. Make sure that people not on a standing committee, and the
City Clerk receive all of the information.”
A vote on the Resolution resulted as follows:
Carried Unanimously
8.3 City Retirement Incentive Program - 2003 (Revised) - Resolution
By Alderperson Peterson: Seconded by Alderperson Mack
WHEREAS, On September 3, 2003 Common Council passed a resolution
adopting a City Retirement Incentive Program for Tier 1 employees that Common
Council now desires to extend to Tier 2 employees and extend the date that an
employee must reach age 55 to be eligible, and
WHEREAS, In the event that the state holds a special session and enacts a
statewide early retirement program that will be more beneficial to the employee
eligible for a City incentive program Common Council does not desire to
disadvantage the employee, now, therefore, be it
RESOLVED, That the City hereby adopts the following City Retirement Incentive
program:
For employees who are members of the New York State Retirement
System, Tier 1 and Tier 2 with at least twenty-five (25) years of service in
the retirement system, who have reached age 55 or older by December
31, 2003 and it is deemed by the Mayor and Common Council in
consultation with the department head that the position may remain vacant
for the duration of, at a minimum, one year and that the net savings from
the retirement and any needed department restructuring warrant the
retirement.
The City would agree to pay an amount equal to 30% of their 2003 salary
as a regular salary increase retroactive to January 1, 2003 through
December 31, 2003. The established retirement date must be no later
than December 31, 2003. Each employee must agree in writing to
voluntarily terminate his/her employment with the City through retirement
and be actually off the payroll by January 1, 2004. The salary increase of
30% shall be paid as regular salary on an hourly basis for that established
period of time.
The written notification must be received by the Mayor and Human
Resources Director no later than noon on November 5, 2003.
In addition, the City has enacted Section 41-J of the Retirement Law, which
would allow up to 165 days of sick leave, not paid in cash, to be used in the
employee’s retirement calculation. The 165 sick days could still be used for
the payment of health insurance during retirement.
October 1, 2003
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The employee’s accumulated vacation and any sick leave buyouts shall be
calculated by using the 2003 projected hourly rate, without the 30% incentive
salary increases having been added.
The employee expressly waives his/her right to any other New York State or
City of Ithaca Retirement Incentive Program.
Terms of Participation:
A. The City agrees to pay the employee an amount equal to 30% of the
employee’s projected 2003 salary, as a regular salary increase retroactive to
January 1, 2003 through December 31, 2003.
B. The employee agrees to submit a written letter on or before noon, November
5, 2003 voluntarily separating employment with the City through retirement
and be off the payroll by January 1, 2004.
C. The City has enacted Section 41-J of the Retirement Law, which would
allow up to 165 days of sick leave, if not paid in cash, to be used in the
employee’s retirement calculation. Those 165 sick days could still be
used for the payment of health insurance during retirement, as set forth in
the Managerial Compensation Benefit Package or the appropriate
collective bargaining agreement.
D. The employee’s accumulated annual leave and any sick leave buy-out
shall be calculated by using the employee’s 2003 projected hourly rate,
without the 30% incentive salary increase being added in.
E. The employee understands that pursuant to New York State retirement
guidelines, the 30% salary increase will not be included in the employee’s
final average salary calculation.
F. The employee expressly waives his/her right to participate in any other
New York State or City of Ithaca retirement incentive program.
G. The employee may apply his/her 30% incentive to his/her sick leave bank
at the time of his/her retirement to purchase health insurance during
retirement in accordance with the Management Compensation Benefit
Package or the appropriate collective bargaining agreement.
H. In the event that for some reason, either caused by the employee or the
City, the employee does not separate employment from the City, the
employee agrees to pay back to the City all of the 30% salary increase
paid out in 2003.
and, be it further
RESOLVED, That should the State of New York enact an incentive program
before November 2, 2003 that the City will allow eligible employees to request
inclusion in either the City program or the State program as long as the
employee’s last day on the payroll is no later than December 31, 2003, and, be it
further
RESOLVED, That before any employee who is a member of a bargaining unit
can request inclusion in the City program, a Memorandum of Understanding
accepting the City Retirement Incentive Program – 2003 must be signed with that
employee’s bargaining unit, and, be it further
October 1, 2003
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RESOLVED, That this incentive plan supercedes the incentive program passed
by Common Council on September 3, 2003.
Discussion followed on the floor regarding the Memorandums of Understanding
needed from the City’s bargaining Units before employee’s can participate in the
Retirement Incentive Program.
A vote on the Resolution resulted as follows:
Carried Unanimously
13. NEW BUSINESS:
13.1 Possible Motion to Enter into Executive Session to Discuss
Collective Bargaining
By Alderperson Whitmore: Seconded by Alderperson Manos
RESOLVED, That Common Council adjourn into Executive Session to Discuss
Collective Bargaining.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
13.2 Cayuga Green – Approve Sub-Lease of Seneca Street and Green Street
Parking Garages by IURA to CDP - Resolution
By Alderperson : Seconded by Alderperson
WHEREAS, on June 4, 2003, in accordance with the approved financing
structure for the Cayuga garage, the Common Council authorized conveyance of
a leasehold interest in both the Seneca Street parking garage and the Green
Street parking garage to the IURA for a term not to exceed 40 years, and
WHEREAS, the IURA was requested to develop a proposed sub-lease of the
parking garages to CDP to implement the financial structure that provides the
most favorable long-term financing for the construction of the Cayuga parking
garage, and
WHEREAS, the IURA has developed a proposed sub-lease to Community
Development Properties Ithaca, Inc. (CDP Ithaca), an affiliate of the National
Development Council, and
WHEREAS, in order to implement the Approved Financing Structure, the
Common Council, at its June 4, 2003 meeting authorized the City of Ithaca to
enter into a lease of the Seneca Street and Green Street parking garages with
the IURA (the "Garage Lease"), pursuant to which (1) the City will convey to the
IURA a leasehold interest in the Seneca Street and Green Street parking
garages for a term not to exceed 40 years, (2) the IURA will be obligated to pay
annual rentals to the City in amounts sufficient to cover the City of Ithaca's
parking fund expenses, including the annual debt service obligations on its
general obligation bonds issued to finance the Seneca Street and Green Street
parking garages, and (3) the IURA will be authorized or allowed to enter into a
sublease of the Seneca Street and Green Street parking garages to CDP (the
"Sublease), pursuant to which the IURA will grant a subleasehold interest therein
to CDP for a term not less than the term of the Bonds and CDP will pay annual
subrentals to IURA in amounts sufficient to cover IURA's payment obligations
under the Garage Lease, and
WHEREAS, the City will reserve to itself the right, through the City of Ithaca
Board of Public Works, to set or modify parking rates for the Seneca and Green
garages during the term of the lease, and
WHEREAS, on June 4, 2003 the Common Council, acting as the designated
Lead Agency for the environmental review, determined that the proposed action
at issue will not have a significant adverse impact on the environment and that
further environmental review is unnecessary, and
October 1, 2003
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WHEREAS, in accordance with the provisions of IURA land disposition policies
and §507 of General Municipal Law, the proposed lease of land by the IURA
requires approval by the Common Council following a public hearing on the
proposed disposition, and
WHEREAS, in compliance with General Municipal Law, a legal notice was
published in the June 7, 2003, 2003 edition of the Ithaca Journal for a public
hearing on the proposed IURA property disposition at 7:30 PM, June 18, 2003,
and
WHEREAS, a public hearing on the proposed disposition was held on June 18,
2003, now therefore be it
RESOLVED, That the Common Council hereby approves the following IURA-
proposed disposition to CDP Ithaca as follows:
Sub-Lessee: Community Development Ithaca, Inc. (CDP Ithaca), an
affiliate of the National Development Corporation
Lease Premises: Seneca Street parking garage, 202-212 N. Aurora Street, and
the Green Street parking garage, 116-128 E. Green Street, Ithaca, NY
Future Use: Continued operation as parking facilities open to the public.
Terms: 1. The lease term shall not exceed 40 years.
2. Sublessee shall manage the Seneca Street parking
garage and the Green Street parking garage as parking
facilities for public use at rates established by the Board
of Public Works
Rent: On an annual basis (to be paid in monthly installments), the amount
required to cover the IURA’s rental obligations under the Garage Lease with
the City, which amount is intended to cover the City’s annual debt service
obligations on its general obligation bonds issued to finance the construction
of the Seneca Street and Green Street parking garages.
Assignment: As security for the Bonds, the Sublessee may assign its
subleasehold interest in Seneca Street garage and the Green Street garage
to the bond Trustee and/or the financial institution or insurance company
providing credit enhancement for the Bonds.
Parking Operation: The Sublessee shall contract with the City of Ithaca to
operate and maintain the parking garages.
RESOLVED, That the IURA shall be reimbursed from project bond proceeds
and/or future parking revenues for any and all reasonable costs borne by the
IURA in accepting a leasehold interest and sub-leasing of the subject properties,
and, be it further
RESOLVED, That the Mayor, upon review by the City Attorney, is hereby
authorized to sign any and all instruments necessary to implement this
resolution.
Discussion followed on the floor with Council members questioning the intent of
language in the Resolution. Upon request, this item was deferred for further
discussion. Mayor Cohen stated that he would call a Special meeting for
October 7, 2003 to consider this Resolution.
October 1, 2003
13
13.3 Declaration of Intent to be Lead Agency on the Amendments to the
SJS Agreement - Resolution
This item was withdrawn from the agenda.
REPORT OF COUNCIL LIAISONS:
Alderperson Pryor reported that the Neighborhood and Community Issues
Committee meeting was cancelled for October.
APPROVAL OF MINUTES:
16.1 Approval of September 3, 2003 Regular Common Council Meeting
Minutes
Approval of the September 3, 2003 Common Council Meeting minutes was
deferred until November.
ADJOURNMENT:
On a motion the meeting adjourned at 9:20 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor