Loading...
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