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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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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