HomeMy WebLinkAboutMN-CC-2004-12-01
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 1, 2004
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Mackesey, Berry, Whitmore, Tomlan, Zumoff, Taylor,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Luster
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Planning & Development Director – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Assistant Superintendent of Water & Sewer – Fabbroni
City Planner - Logue
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Berry requested the deletion of Item 11.4 – DPW – Water/Sewer – Request
Extension of Personal Services Contract for On-Site AutoCAD Training Services –
Resolution.
No Council member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson congratulated Alderperson Berry on her recent appointment as Poet
Laureate for Tompkins County.
Mayor Peterson declared December 1, 2004 World AIDS Day.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Adoption of “An Ordinance to Amend the
Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to Establish
Planned Unit Development (PUD) District Regulations.”
Resolution to Open Public Hearing:
By Alderperson Tomlan: Seconded by Alderperson Coles
RESOLVED, That the Public Hearing to Consider the Adoption of “An Ordinance to
Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to
Establish Planned Unit Development (PUD) District Regulations” be declared open.
Carried Unanimously
The following people addressed Common Council:
Sarah Adams, City of Ithaca, raised concerns regarding the lack of community
discussion regarding this issue.
Resolution to Close Public Hearing:
By Alderperson Whitmore: Seconded by Alderperson Korherr
RESOLVED, That the Public Hearing to Consider the Adoption “An Ordinance to
Amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning” to
Establish Planned Unit Development (PUD) District Regulations” be declared closed.
Carried Unanimously
December 1, 2004
2
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Presentation of Pride of Ownership Awards
Susan Blumenthal presented the following Pride of Ownership Awards on behalf of the
City of Ithaca and the Ithaca Rotary Club:
Charles Hoover: 319 Hancock Street
Sandra Barr: 104 Lake Avenue
Karl Kayser: 218 and 222 South Albany Street
Brian Grout: 323-324 Center Street
Yael Levitte and Oren Falk: 114 W. Lincoln Street
In addition, the committee presented the following Special Recognition Awards for
projects sponsored by groups that improved the community with a unique project in a
public space:
McGraw House Garden – 225 ½ South Geneva Street
Alternatives Federal Credit Union and Bangs Ambulance Service Mural – 626 W. State
Street
Ithaca Rotary Club Centennial Tree Project
Tompkins County Legislature
Third District Representative Richard Booth reported to Council on the following
matters:
Draft County Comprehensive Plan
TCAT transition into TCAT, Inc.
2005 Budget deliberations / Jail expansion discussions
2005 Capital Projects
Tompkins County Airport – future funding discussions
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Bob Wolfe Jungz, Town of Ithaca – support of Resolution for focus on alternative
transportation and increased use of bicycles
Marvin Warren, City of Ithaca – support of Resolution for focus on alternative
transportation and need of more bicycle lanes
David Kay, City of Ithaca – support for City Trails Master Plan Resolution
Fay Gougakis, City of Ithaca – concerns regarding Cornell University’s proposed
reduction of monitoring of the Lake Source Cooling Systems.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Berry thanked Ms. Gougakis for the research she conducted on the Lake
Source Cooling issue. She further thanked Mr. Brancato’s, Boynton, 7th Grade Class for
their letters of concern regarding the trails around Stewart Park and Steamboat
Landing.
Alderperson Zumoff asked city residents to be mindful of their neighbors during
inclement weather, and promptly remove snow and ice from the sidewalks and
curbcuts.
Alderperson Mackesey thanked the speakers for their comments and further thanked
Ms. Gougakis for bringing the issue of Lake Source Cooling monitoring to the attention
of Common Council.
Alderperson Whitmore announced that the Community Services Committee would meet
on Monday, December 6, 2004 at 7:00 p.m. instead of the regular meeting time in
observation of Hanukkah. He further announced that Applebee’s would be hosting a
December 1, 2004
3
fundraiser for the Recreation Partnership on Tuesday, December 7, 2004 from 4:00 pm
– 9:00 pm. If a fundraiser flyer is presented to the wait staff, 10% of the receipt will be
donated to the Recreation Partnership.
Alderperson Whitmore thanked the Mayor for her proclamation for World AIDS Day and
stated that while overall rates of HIV transmission are down in the US, HIV transmission
has increased for African-Americans and that continued focus on the changing
demographics of HIV transmission is critical.
Alderperson Cogan thanked Ms. Gougakis for raising the Lake Source Cooling
concerns, and read a media release regarding that topic.
Mayor Peterson thanked the speakers for their comments on the trail system initiatives
and stated that many initiatives surrounding trails and bikeways will be undertaken in
2005. She further stated that volunteers would be needed to serve on committees that
will be appointed to address these issues as well as an Advisory Panel to the Mayor on
the Healthy City Initiative and the Mayor’s Fitness Challenge.
Mayor Peterson thanked Alderperson Cogan and Ms. Gougakis for raising awareness
of the Lake Source Cooling Issue. She further announced that there would be a Special
Common Council meeting on December 15, 2004 at 7:00 pm to discuss the Green
Street Garage Project and the TCAT Agreement.
GOVERNANCE COMMITTEE:
9.1 An Ordinance to Amend Chapter 39 of the City of Ithaca Municipal Code
Entitled“ Contracts”
By Alderperson Mackesey: Seconded by Alderperson Coles
WHEREAS, pursuant to Ordinance Number 2003-13 adopted on July 9th, 2003, the
Common Council of the City of Ithaca enacted a new Chapter 215 of the City of Ithaca
Municipal Code entitled “Human Rights Protections”, and
WHEREAS, the said Human Rights Protections Chapter, among other things,
established a new list of protected classes of individuals, and
WHEREAS, the Common Council of the City of Ithaca now wishes to amend the
Contracts Chapter of the Code to make it consistent with the anti-discrimination
language set forth in Chapter 215,
NOW, THEREFORE, BE IT ORDAINED AND ENACTED by Common Council of the
City of Ithaca, New York as follows:
ORDINANCE NO. _____ OF 2004
Section 1.
Section 39-1 of Chapter 39 of the City of Ithaca Municipal Code is hereby amended to
read as follows:
§ 39-1. Nondiscrimination clause.
The following clause shall be included in any city contract: "The contractor will not
discriminate against any employee, applicant for employment, subcontractor, supplier of
materials or services or program participant because of race, age, creed, color, sex,
national origin, disability, marital status or sexual preference actual or perceived age;
creed; color; disability; ethnicity; familial status; gender; height; immigration or
citizenship status; marital status; national origin; race; religion; sex; sexual orientation;
socioeconomic status; or weight.”
Section 2.
SEVERABILITY. Severability is intended throughout and within the provisions of this
ordinance. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portions of this ordinance.
December 1, 2004
4
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect in accordance with law upon
publication of notice as provided in the Ithaca City Charter.
Carried Unanimously
PLANNING, NEIGHBORHOODS AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Planned Unit Development (PUD) Zoning District
A. Declaration of Lead Agency - Resolution
By Alderperson Tomlan: Seconded by Alderperson Cogan
WHEREAS, State Law and Section 176.6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed amendment of the Zoning Ordinance to establish
Planned Unit Development (PUD) district regulations is a Type I action pursuant
to the City Environmental Quality Review Ordinance (CEQR) and the New York
State Environmental Quality Review Act (SEQR) which requires review under
CEQR and SEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the amendment of the Zoning Ordinance to
establish Planned Unit Development (PUD) district regulations.
Alderperson Cogan stated that he appreciated the new process where public hearings
on zoning issues are scheduled one month before Council consideration, so that further
review and discussion could be held.
Alderperson Tomlan distributed a Resolution adopted by the Planning Board regarding
the proposed PUD Ordinance.
A vote on the Resolution resulted as follows:
Carried Unanimously
B. Determination of Environmental Significance - Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, the City of Ithaca is proposing a zoning amendment which would
create a new zone to be known as the Planned Unit Development (PUD) district,
and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Long Environmental Assessment Form (LEAF), including Parts I
and II, and
WHEREAS, the proposed action is a Type I action under the City Environmental
Quality Review Ordinance and the New York State Environmental Quality
Review Act, and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the LEAF prepared by City of Ithaca Planning & Development Department
staff, and it appears that the proposed action will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency, hereby determines that
the proposed action at issue will not have a significant effect on the environment,
and that further environmental review for the adoption of this plan is
unnecessary, and be it further
December 1, 2004
5
RESOLVED, That this resolution constitutes notice of this negative declaration
and that the City Clerk is hereby directed to file a copy of the same, together with
any attachments, in the City Clerk ’s Office, and forward the same to any other
parties as required by law.
Carried Unanimously
10.2 City Trails Master Plan - Resolution
By Alderperson Tomlan: Seconded by Alderperson Korherr
WHEREAS, the City of Ithaca has the potential to develop a network of trails that would
support recreation, alternate modes of transportation, economic development, tourism,
and healthy lifestyles, and
WHEREAS, the Department of Planning & Development has outlined a planning
process that would formulate a master plan for such a trail system, and
WHEREAS, such a master plan would assist in the development of grant applications,
capital project budgeting, and in securing other funding sources; now, therefore, be it
RESOLVED, That the Planning, Neighborhoods, and Economic Development
Committee directs the Department of Planning and Development to commence action
on the City Trails Master Plan as generally outlined by the department, and be it further
RESOLVED, That Common Council authorizes the Mayor to appoint a Client
Committee to assist in the development of the City Trails Master Plan.
Alderpersons Coles and Korherr voiced their support of this initiative. Alderperson
Korherr further stated that she hopes that planning issues would be coordinated with
Tompkins County to further develop the trail system.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.3 Tompkins County Comprehensive Plan - Resolution
By Alderperson Tomlan: Seconded by Alderperson Mackesey
WHEREAS, the Tompkins County Planning Department, with guidance, advice, and
recommendation from the Tompkins County Planning Advisory Board, has developed a
Tompkins County Comprehensive Plan that addresses regional and inter-municipal
issues that affect the daily lives of Tompkins County residents, such as housing,
transportation, jobs, the environment, and neighborhoods and communities, and
WHEREAS, the Draft Comprehensive Plan was presented at 17community groups and
advisory board meetings, and 14 open houses and public meetings in all municipalities
in the county, for feedback and comments, and
WHEREAS, an over-arching principle of the Draft County Comprehensive Plan is that
Tompkins County will work proactively with towns, villages, the City of Ithaca, and State
and Federal agencies to cooperatively address regional issues, and
WHEREAS, the County recognizes that while New York State clearly places land use
authority in the hands of its towns, villages, and cities, it also specifically recognizes that
inter-municipal planning is needed to cooperatively address regional issues and
encourages the development of county comprehensive plans to address development
and preservation issues that transcend local political boundaries, and
WHEREAS, the Tompkins County Comprehensive Plan provides a strategic framework
for addressing issues of mutual concern to municipalities throughout the County, now
therefore be it
RESOLVED, That the Common Council of the City of Ithaca supports the adoption of
the Tompkins County Comprehensive Plan by the Tompkins County Legislature.
December 1, 2004
6
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
11.1 Finance/Controller - Request Authorization to Cover Red Accounts
By Alderperson Berry: Seconded by Alderperson Korherr
RESOLVED, That the City Controller be empowered to make transfers within the 2004
Budget appropriations, as needed, for the remainder of the 2004 Fiscal Year.
Carried Unanimously
11.2 Finance/Controller - Establishment of Retirement Contribution Reserve
By Alderperson Berry: Seconded by Alderperson Coles
WHEREAS, as part of the new Pension Relief Law for 2004, municipalities are now
allowed to create a reserve for future retirement contributions, and
WHEREAS, the City Controller’s Office recommends the City establish a Retirement
Contribution Reserve, and
WHEREAS, it is anticipated that the City will have some funds remaining in 2004 from
the difference of retirement contributions made and funds budgeted for retirement to
place in the retirement reserve; now, therefore, be it
RESOLVED, That pursuant to Chapter 260 of the Laws of 2004, the Common Council
hereby establishes a Retirement Contribution Reserve for the purposes of financing
retirement contributions in the future, and be it further
RESOLVED, That Common Council directs the City Controller to place the appropriate
amount of funds in said reserve prior to the close of the books for 2004 after all red
accounts are covered.
Carried Unanimously
11.3 Bond Resolution
By Alderperson Berry: Seconded by Alderperson Whitmore
BOND RESOLUTION DATED DECEMBER 1, 2004.
A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,892,752 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK,
TO PAY THE COST OF VARIOUS OBJECTS OR PURPOSES IN AND
FOR SAID CITY.
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 the costs of the following capital improvements in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued $3,892,752 serial
bonds of said City pursuant to the provisions of the Local Finance Law, apportioned
among objects or purposes in accordance with the maximum estimated cost of each.
Such objects or purposes are as follows:
a) The reconstruction of the Green Street Garage Parking Ramp, in and for the City of
Ithaca, including incidental expenses in connection therewith, at a maximum
estimated additional cost of $300,000 (including the $496,000 serial bonds
authorized by bond resolution dated and duly adopted July 7, 2004, revised
maximum estimated cost of this specific object or purpose is now $796,000). It is
hereby determined that the period of probable usefulness of the aforesaid specific
December 1, 2004
7
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 5, 2004, the
date of issuance of the first obligations issued for such object or purpose pursuant
to bond resolution dated July 7, 2004.
b) The reconstruction of the roof and door areas of the Youth Bureau, in and for the
City of Ithaca, including incidental expenses in connection therewith, at a maximum
estimated cost of $13,500. 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;
c) The purchase of software for the Youth Bureau, in and for the City of Ithaca,
including incidental expenses in connection therewith, at a maximum estimated
cost of $40,000. It is hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years, pursuant to subdivision 32 of
paragraph a of Section 11.00 of the Local Finance Law;
d) The reconstruction of various streets located throughout and in and for the City of
Ithaca, including incidental expenses in connection therewith, at a maximum
estimated cost of $335,000. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to
subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law;
e) The City's share of the cost of the purchase of buses for the City transit system, in
and for the City of Ithaca, including incidental expenses in connection therewith, at
a maximum estimated cost of $86,952. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is five years
pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance
Law;
f) General Information Systems improvements, in and for the City of Ithaca, including
incidental expenses in connection therewith, at a maximum estimated additional
cost of $15,000 (including the $25,000 serial bonds authorized by bond resolution
dated and duly adopted December 3, 2003, revised maximum estimated cost of
this specific object or purpose is now $40,000). It is hereby determined that the
period of probable usefulness of the aforesaid specific object or purpose is five
years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local
Finance Law, computed from January 15, 2004, the date of issuance of the first
obligations issued for such purpose pursuant to bond resolution dated December 3,
2003.
g) The reconstruction and replacement of sidewalks in various locations, throughout
and in and for the City of Ithaca, at a maximum estimated cost of $210,000,
including incidental expenses in connection therewith. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purposes is
ten years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local
Finance Law;
h) The purchase of equipment for construction and maintenance purposes for use by
various Departments, in and for the City of Ithaca, each item of which costs
$15,000 or less, at a maximum estimated cost of $4,500, each item of which costs
in excess $15,000 but less than $30,000, at an aggregate maximum estimated cost
of $37,800, each item of which costs in excess of $30,000, at an aggregate
maximum estimated cost of $285,000, including, in each case, incidental expenses
in connection therewith. It is hereby determined that the period of probable
usefulness of the aforesaid equipment each item of which costs $15,000 or less is
five years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local
Finance Law, that the period of probable usefulness of the aforesaid equipment
each item of which costs in excess of $15,000 but less than $30,000 is ten years,
pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance
Law, and that the period of probable usefulness of the aforesaid purchase of
equipment each item of which costs in excess of $30,000 is fifteen years, pursuant
to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law;
i) The purchase of vehicles for use by various Departments, in and for the City of
Ithaca, at a maximum estimated cost of $84,000 including incidental expenses in
connection therewith. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is five years, pursuant to
subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law;
December 1, 2004
8
j) The purchase of police vehicles, for the City of Ithaca, at a maximum estimated
cost of $115,000 including incidental expenses in connection therewith. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects
or purposes is three years, pursuant to subdivision 77 of paragraph a of Section
11.00 of the Local Finance Law;
k) The resurfacing of driveways at Fire Station five and six, in and for the City of
Ithaca, at a maximum estimated cost of $90,000 including incidental expenses in
connection therewith. 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;
l) The replacement of sewer lines in various locations throughout and in and for the
City of Ithaca, at a maximum estimated cost of $916,000 including incidental
expenses in connection therewith. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is forty years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law;
m) Looping of the water main system in the Southwest area, in and for the City of
Ithaca, at a maximum estimated cost of $270,000, including incidental expenses in
connection therewith. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is forty years, pursuant to
subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law;
n) Sewer Interceptor Improvements at various locations throughout and in and for
the City of Ithaca, at a maximum estimated cost of $740,000 including incidental
expenses in connection therewith. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is forty years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law;
and
o) Sewer collection improvements in various locations throughout and in and for the
City of Ithaca, at a maximum estimated cost of $350,000, including incidental
expenses in connection therewith. It is hereby determined that the period of
probable usefulness of the aforesaid class of objects or purposes is forty years,
pursuant to subdivision 4 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 $3,892,752, and the plan for the financing
thereof is by the issuance of the serial bonds authorized by Section 1 hereof, allocated to
each specific object or purpose or class of objects or purposes in accordance with the
maximum estimated cost of each set forth in Section 1 hereof.
Section 3. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of
the serial bonds herein authorized, including renewals of such notes, is hereby delegated
to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner, as may be prescribed by said City Controller,
consistent with the provisions of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual appropriation
shall be made in each year sufficient to pay the principal of and interest on such
obligations becoming due and payable in such year. There shall annually be levied on all
the taxable real property in said City a tax sufficient to pay the principal of and interest on
such obligations as the same become due and payable.
Section 5. The bonds authorized pursuant to this bond resolution shall be in fully
registered form and shall be signed in the name of the City of Ithaca, Tompkins County,
New York, by the manual or facsimile signature of the City Controller and a facsimile of its
corporate seal shall be imprinted or impressed and may be attested by the manual or
facsimile signature of the City Clerk.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale
and awarding the bonds, are hereby delegated to the City Controller, who shall advertise
such bonds for sale, conduct the sale, and award the bonds in such manner as he shall
December 1, 2004
9
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.
The question of the adoption of the foregoing resolution was duly put to a vote on roll call,
which resulted as follows:
Alderperson Coles ____________ VOTING Aye
Alderperson Mackesey VOTING Aye
Alderperson Berry VOTING Aye
Alderperson Whitmore VOTING Aye
Alderperson Tomlan VOTING Aye
Alderperson Zumoff VOTING Aye
Alderperson Taylor VOTING Aye
Alderperson Townsend VOTING Aye
Alderperson Cogan VOTING Aye
Alderperson Korherr VOTING Aye
Carried Unanimously
December 1, 2004
10
11.4 DPW/Water & Sewer – Request Extension of Personal Service Contract for
On-Site AutoCAD Training Services
This item was removed from the agenda.
12. COMMUNITY SERVICES COMMITTEE:
12.1 Resolution To Recommend City Representatives to the Board of Directors
of TCAT, Inc.
By Alderperson Whitmore: Seconded by Alderperson Berry
WHEREAS, Tompkins Consolidated Area Transit (TCAT), Incorporated was formed to
provide enhanced public transportation services to Tompkins County, and
WHEREAS, the TCAT, Inc. By-Laws indicate that the TCAT, Inc. Board of Directors
must choose three representatives from Cornell University, three representatives from
Tompkins County and three representatives from the City of Ithaca based upon the
respective recommendations of each of these organizations, and
WHEREAS, the TCAT By-Laws require that representatives from the partners be
appointed to staggered terms so as to maintain institutional memory, now, therefore be
it
RESOLVED, Common Council recommends Alderperson David Whitmore to the TCAT,
Inc. Board for a term to expire on December 31, 2005.
RESOLVED, Common Council recommends Alderperson Dan Cogan to the TCAT, Inc.
Board for a term to expire on December 31, 2006.
RESOLVED, Common Council recommends Alderperson Pam Mackesey to the TCAT,
Inc. Board for a term to expire on December 31, 2007.
Alderperson Whitmore explained that the Community Services Committee has been
discussing the TCAT transportation agreement and the proposed by-laws.
Alderperson Mackesey voiced concern about the agreement language that refers to a
quorum. She stated that the language reads that a quorum is five members, but with
vacancies, could be as low as three. The language does not specify that the three
members should be representative of all three organizations, so technically one
organization could make decisions independently of the others if members were absent
from a meeting.
City Attorney Luster responded that he believes that this language currently exists in the
by-laws.
Alderperson Korherr questioned how comments and concerns from the public would be
handled. Alderperson Whitmore stated that concerns could be forwarded to him, for
discussion by the Operations Committee, as is the current procedure.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
Mayor Peterson stated that there are numerous appointments needed for the January
meeting and asked Council members to forward any names of people they know that
may be interested in serving on a board or committee.
Alderperson Cogan asked if Council members could receive a listing of vacancies so
that it could be posted on various neighborhood list services.
December 1, 2004
11
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Coles reported on the following issues:
The BPW is close to finalizing downtown parking rates.
Some creek walls are in bad repair and will be worked on during the winter season
when the water levels are low.
Thurston Avenue Bridge Rehabilitation
Collection of fees owed to the city for use of city property
Shade Tree Advisory Committee:
Alderperson Townsend reported on the 2004 accomplishments of the committee, and
the challenges they faced. He also distributed a written report to Council members
detailing the same. Alderperson Townsend thanked Committee Chair, Dr. Nina Bassuk
for all of her hard work.
Liaison Positions:
Alderperson Berry discussed her experiences in both voting and non-voting liaison
positions. Alderperson Townsend added his experience of being excluded from an
Executive Session during a Board meeting that he is a liaison to.
Further discussion followed on the floor with Council members expressing a sense of
conflict of interest when voting on items brought forth from a committee that they are a
liaison to. Mayor Peterson noted that very few committees have voting liaison positions
and explained the role of liaisons. City Attorney Luster added that Executive Sessions
are for board/committee members, who may extend an invitation to attend the session
to others, as they feel appropriate.
REPORT OF CITY CONTROLLER:
City Controller Thayer reported on the following issues:
Projected sales tax shortfall (approximately $175,000).
Sale of Bond Anticipation Notes in January with an expected 2-2.1% interest rate.
Annual retirement payment – a 1% discount will be given if the payment is made by
December 15, 2004 (approximately $26,000). Every attempt will be made to issue the
$2,600,000 payment by that date.
CSEA Administrative Unit retro-payments and holiday vacation buy-outs are being
processed.
Year-end activities have started.
MINUTES FROM PREVIOUS MEETINGS:
21.1 Approval of the November 3, 2004 Common Council Meeting Minutes
By Alderperson Korherr: Seconded by Alderperson Whitmore
RESOLVED, That the November 3, 2004 Common Council Meeting Minutes be
approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor