HomeMy WebLinkAboutMN-CC-2006-12-06COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. December 6, 2006
PRESENT:
Mayor Peterson
Alderpersons (10) Coles, Seger, Berry, Clairborne, Tomlan, Zumoff, Gelinas,
Townsend, Cogan, Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Director of Economic Development – DeSarno
City Planner – Nicholas
Asst. Supt. of Streets & Facilities - Ferrel
Human Resources Director – Michell-Nunn
PLEDGE OF ALLEGIANCE:
Mayor Peterson led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Governance and Intermunicipal Relations Committee:
Alderperson Zumoff requested the addition of Item 9.1 - An Ordinance to Amend Chapter 256 of
the City of Ithaca Municipal Code entitled: “Records, Public Access to”
No Council Member objected.
Individual Member Filed Resolutions:
Alderperson Tomlan requested the addition of Item 15.1 – Commitment to the Implementation of
the 2006 Economic Development Strategy for Tompkins County - Resolution
No Council Member objected.
PROCLAMATIONS/AWARDS:
Mayor Peterson congratulated the City of Ithaca Police Department SWAT Team for their
awards in the National SWAT Competition that took place in Orlando, Florida last month.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Pride of Ownership Presentation – By Susan Blumenthal
Susan Blumenthal announced the winners of the 2006 Pride of Ownership Awards sponsored
by the City of Ithaca and the Ithaca Rotary Club as follows:
Wally and Kathryn Woods, 925 North Tioga Street
Joanne Florino, 324 North Titus Avenue
Gwyneth Lymberis, 102 West Falls Street
Ron Ronsvalle, Perfect Painters/Heritage Builders, 413 East Lincoln Street
Elizabeth Classen, 407 Wyckoff Avenue
Cornell University, Friends Hall, Schoelkopf Memorial Hall Addition
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Megan MacCullum, Freeville, thanked Common Council for temporarily granting the requests for
an off-leash dog park. She presented Common Council with a certificate of appreciation from
the Tompkins County Dog Group.
Herb Engman, Town of Ithaca, addressed Council to express concerns regarding the lack of
SEQR review for the dog park. He further expressed concerns regarding the grasslands being
included in the off-leash dog park, and voiced his support for fencing the park (excluding the
grasslands).
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Zumoff stated that he has received many e-mails from dog owners expressing their
appreciation for the off-leash dog park. He further stated that the park would need to be
monitored throughout the year.
Alderperson Zumoff also reported that he had attended the Open House for the Cayuga Medical
Center’s new emergency room and new Intensive Care/Cardiac Unit and noted that it is a
beautiful facility.
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Alderperson Clairborne stated that he had attended the play “Honor Bound” which included
readings from former detainees of the Guatanamo Bay Retention Center. He noted that the
play was very thought provoking, and he encouraged everyone to become active participants in
local, state, and federal government.
Mayor Peterson stated that she supports an environmental review of the dog park. She further
noted that she attended the opening of the dog park on December 1, 2006, and that it was a
well attended and fun event. The Department of Public Works is still working on the installation
of signs that state the rules of the park.
Mayor Peterson also reported that she attended the Sundance Conference, and brought back a
lot of materials to share. She noted that she will hold a Mayor’s forum to discuss the topics of
global warming and reduction in greenhouse gas emissions.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Planning and Development - Resolution to Establish a Capital Project for a 395’
Segment of Six Mile Trail System on the Gateway Property
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, the New York State Department of Transportation, the Federal Highway
Administration and the NYS Office of Parks, Recreation and Historic Preservation have
announced the availability of grant funding under the Recreational Trails Program, and
WHEREAS, Common Council is desirous of submitting an application to construct a 395 linear
foot trail segment on the property known as the Gateway Property, and
WHEREAS, the proposed project is part of larger downtown revitalization efforts such as
Cayuga Green at Six Mile Creek, and
WHEREAS, The Cayuga Lake Waterfront Revitalization Plan, adopted by Common Council on
July 5, 2006 identifies the Six Mile Creek Corridor as a Recommended Waterfront Project, and
WHEREAS, the proposed project will provide a unique urban-to-wilderness recreational and
educational experience for a variety of non-motorized users and
WHEREAS, the proposed project, in conjunction with the segment installed by the property
owner, and directional signage on accessible sidewalks between the current Six Mile Creek
Promenade and the project site, will provide users with nearly ½ mile of fully accessible trail;
now, therefore be it
RESOLVED, That the total project cost is estimated to be $147,915 with a grant from New York
State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of
the Recreational Trails Program, an amount not to exceed $100,000 and that the local share of
this grant application will be provided by the property owner ($38,500) and the City of Ithaca
($9,415), and be it further
RESOLVED, That Common Council hereby establishes Capital Project 702 for the proposed
trail segment in an amount not to exceed $147,915 with temporary funding from the General
Fund to be later paid back with a combination of Grant funds and through the issuance of Serial
Bonds, and be it further
RESOLVED, That said project establishment is contingent on grant approval from the
Recreational Trails Program.
Carried Unanimously
8.2 Finance/Controller - Request Authorization to Cover Red Accounts - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
RESOLVED, That the City Controller be empowered to make transfers within the 2006 Budget
appropriations, as needed, for the remainder of the 2006 Fiscal Year.
Carried Unanimously
8.3 Finance/Controller - Request to Amend 2006 Fire Department Budget - Resolution
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, over the past few months the Ithaca Fire Department has received several revenue
amounts from various sources that were unanticipated and need to be accounted for, and
WHEREAS, the sources are various and vary from Homeland Security exercise and evaluation
program grant to sale of equipment and total $36,463.81; now, therefore be it
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RESOLVED, That Common Council hereby amends the 2006 Fire Department Budget for the
purposes of accounting for various revenues as follows:
Increase Revenue Accounts:
A3410-2260 Public Safety Services $ 848.39
A3410-2665 Sale of Equipment 1,624.50
A3410-2770 Unclassified Revenue 15,321.33
A3410-4389 Federal Aid other Public Safety 18,699.59
$ 36,463.81
Increase Appropriation Accounts:
A3410-5125-12100 Overtime $ 848.39
A3410-5125-12200 Overtime Fire Prevention 18,669.59
A3410-5125-12250 Overtime Support 3,244.81
A3410-5460-12250 Program Supplies Support 52.75
A3410-5475-12250 Property Management Support 11,299.13
A3410-5477-12250 Equipment Parts Support 2,349.14
$ 36,463.81
Carried Unanimously
GOVERNANCE & INTERMUNICIPAL RELATIONS COMMITTEE:
Motion to Remove “An Ordinance to Amend Chapter 256 of the City of Ithaca Municipal
Code entitled: “Records, Public Access to” from the Table:
By Alderperson Zumoff: Seconded by Alderperson Seger
RESOLVED, That the Ordinance to Amend Chapter 256 of the City of Ithaca Municipal Code
entitled “Records, Public Access to” be removed from the table.
Carried Unanimously
9.1 An Ordinance to Amend Chapter 256 of the City of Ithaca Municipal Code entitled:
“Records, Public Access to”
By Alderperson Zumoff: Seconded by Alderperson Seger
WHEREAS, on July 26, 2006, the Legislature of the State of New York enacted amendments
(Chapter 182 of the laws of the State of New York), in particular paragraph (b) of subdivision 1
and subdivision 3 of §89 of the Public Officers’ Law (Freedom of Information Law), effective
October 24th, 2006, and
WHEREAS, said new law provides that “All entities shall, provided such entity has reasonable
means available, accept requests for records submitted in the form of electronic mail and shall
respond to such requests by electronic mail…” and
WHEREAS, the Common Council of the City of Ithaca wishes to amend Chapter 256 of the City
Code to reflect said amendments by the State Legislature, as well as to update said chapter in
accordance with the New York Public Officers’ Law in general, now therefore,
ORDINANCE NO. ____ 2006
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Chapter 256 of the City of Ithaca Municipal Code entitled: “Records, Public Access to” is hereby
amended as follows:
§ 256-1. Purpose.
The purpose of these regulations is to provide for the regulation of the examination of public
records in compliance with and subject to the provisions of the Freedom of Information Law
(Public Officers Law, Article 6) and to ensure the efficient operation of governmental offices.
§ 256-2. Definitions.
As used in this chapter, the following terms shall have the meanings indicated:
AGENCY -- Any municipal board, bureau, commission, council, department, public authority,
public corporation, division, office or other governmental entity performing a governmental or
propriety function for the City of Ithaca.
PUBLIC ACCESS RECORDS OFFICER RECORDS ACCESS OFFICER -- The City Clerk of
the City of Ithaca located at Ithaca City Hall.
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RECORD or RECORDS -- Any information kept, held, filed, produced or reproduced by, with or
for the City of Ithaca in any physical form whatsoever, including but not limited to reports,
statements, examinations, memoranda, opinions, folders, files, books, manuals, pamphlets,
forms, papers, designs, drawings, maps, photos, letters, microfilms, computer tapes or discs,
rules, regulations or codes, tape recordings of official meetings and documents.
A. STATISTICAL TABULATION -- A collection or orderly presentation of numerical data
logically arranged in columns and rows or graphically.
B. FACTUAL TABULATION -- A collection of statements of objective information logically
arranged and reflecting objective reality, actual existence or an actual occurrence.
C. Opinions, policy options and recommendations do not constitute statistical or factual
tabulations.
§ 256-3. Procedure for access.
A. Requests to inspect or to obtain a copy of records in the custody of any officer or
employee of the city shall be submitted in writing, either in person during the City Clerk’s regular
business hours (i.e. 8:30 a.m. to 4:00 p.m.), or by mail, or via electronic mail (email) to the
public access records officer records access officer on a form to be prescribed and furnished by
such officer. Any email request for records submitted after the City Clerk’s regular business
hours shall be considered to have been filed on the next business day. The records access
officer shall make available to the public both paper and electronic forms which can be used to
submit a request for records. The electronic forms shall be available on the internet at the city’s
website. The use of such form(s), however, is merely for purposes of convenience and is not
mandatory in order to obtain access to records. Records shall be available for inspection at the
office of the City Clerk or other location designated by the City Clerk on all regular business
days from 8:30 a.m. to 4:30 4:00 p.m.
B. If the records sought to be inspected or reproduced are being inspected by another
person, in the process of preparation, being used in official business or if the requested
inspection would unreasonably interfere with or disrupt office duties or business operations, the
public access records officer records access officer shall so inform the person and shall specify
a reasonable time when such records may be inspected or reproduced.
C. Inspection and copying of records shall be conducted within the city offices office under
the supervision of the public access records officer records access officer or his/her designee.
There shall be a one-hour limit per day upon the inspection of one or more records by any one
person; provided, however, that the public access records officer may, in his/her discretion, for
good cause, extend such time limitation. The person seeking to inspect records may make
either handwritten copies of records or use his/her own copying or reproduction equipment, but
in no case shall such records be removed from the premises. The public access records officer
records access officer may, in his/her discretion, shall furnish copies of any of the foregoing
records at a charge of $0.25 per page not exceeding 81/2 9 x 15 14 inches in size; provided,
however, that the public access records officer records access officer may, in his/her discretion,
for good cause, waive all or any portion of such charges for particular record or class of records.
D. Payroll information, as provided in § 88 of the Public Officers Law, shall be made
available for inspection and copying in accordance with the provisions of such statute and the
regulations of the State Comptroller. A charge of $0.25 per page not exceeding 81/2 x 15 9 x 14
inches in size shall be made for each copy furnished by the agency; provided, however, that the
public access records officer records access officer may, in his/her discretion, for good cause,
waive all or any portion of such charges for a particular record or class or records.
E. Papers larger than 81/2 x 15 9 x 14 inches in size and materials classified as records in
this section that require special duplicating methods may be copied by the public access
records officer records access officer or his/her deputy designee on equipment available in City
Hall at a charge in conformity with the cost of duplicating the materials, such charge to be
determined at the time of request for duplication. No records may be removed by the person
requesting the same from the custody of the public access records officer records access officer
for the purpose of duplication.
§ 256-4. Prevention of privacy invasion.
A. In accordance with the provisions of Subdivision 2 of § 89 of the Public
Officers Law and in conformity with such guidelines as may be promulgated by the
Committee on Open Government regarding the prevention of unwarranted invasions of
personal privacy, the public access records officer records access officer, in his/her
discretion, may delete from any record identifying details, the disclosure of which would
result in unwarranted invasion of personal privacy, prior to making such record available for
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inspection or copying. In the event that one or more deletions is so made from any
document, the public access records officer records access officer shall provide written
notice of that fact to the person requesting the same. If the record is such that the personal
matters cannot be fully deleted without substantively affecting the record or the identifying
details cannot be effectively deleted, the public access records officer records access officer
shall deny access to such record as provided herein.
B. An unwarranted invasion of personal property privacy includes but shall not be limited to:
(1) Disclosure of such personal matters as may have been reported in confidence to an
agency or municipality and which are not relevant or essential to the ordinary work of the
agency or municipality.
(2) Disclosure of employment, medical or credit histories or personal references of
applicants for employment, except that such records may be disclosed when the applicant has
provided a written release permitting such disclosure.
(3) Disclosure of items involving the medical or personal records of a client or patient in a
hospital or medical facility.
(4) The sale or release of lists of names and addresses in the possession of any agency or
municipality if such lists would be used for private, commercial or fundraising purposes.
(5) Disclosure of items of a personal nature when disclosure would result in economic or
personal hardship to the subject party and such records are not relevant or essential to the
ordinary work of the agency or municipality requesting or maintaining them.
(6) Information of a personal nature contained in a workers’ compensation record, except as
provided by section 110-a of the Workers’ Compensation Law.
C. Unless otherwise prohibited by law, disclosure of records shall not be construed to constitute
an unwarranted invasion of personal privacy when identifying details are deleted; or when the
person to whom a record pertains consents in writing to disclosure; or when upon presenting
reasonable proof of identity, a person seeks access to records pertaining to himself or herself.
§ 256-5. Grant or denial of access.
The public access records officer records access officer or his or her designee shall, within five
business days of the receipt of a written request for a record reasonably described, make such
record available to the person requesting it, deny such request in writing or furnish a written
acknowledgment of the receipt of such request and a statement of the approximate date which
shall be reasonable under the circumstances when such request will be granted or denied. If an
agency determines to grant a request in whole or in part, and if circumstances prevent
disclosure to the person requesting a record or records within twenty business days from the
date of the acknowledgment of receipt of the request, the city shall state, in writing, both the
reason for the inability to grant the request within twenty business days and a date certain within
a reasonable period, depending on the circumstances, when the request will be granted in
whole or in part. Upon receipt of payment of, or offer to pay the fee prescribed therefor, the
public access records officer records access officer shall provide a copy of such record and
certify to the correctness of such copy, if so requested, or, as the case may be, shall certify that
he/she does not have possession of such record or that such record cannot be found after
diligent search. Nothing in this chapter shall be construed to require any entity to prepare any
record not possessed or maintained by the City except those records required to be maintained
by law.
§ 256-6. Appeals.
Any person denied access to a record may, within 30 days, appeal such denial, in writing, to
the Mayor, who shall, within seven ten business days of the receipt of such appeal, fully explain,
in writing, to the person requesting the record the reasons for further denial or provide access to
the record sought. In addition, the public access records officer records access officer shall
forward to the New York State Committee on Open Government a copy of such appeal and the
determination thereon. If the Mayor affirms or modifies the denial, he/she shall communicate
his/her reasons, in writing, to the person making the appeal and inform such person of his/her
right to appeal such affirmation or modification pursuant to Article 78 of the Civil Practice Law
and Rules.
§ 256-7. List of records.
A. The public access records officer records access officer shall maintain and make available
for inspection and copying at his/her office a current list, reasonably detailed by subject matter,
of the types of records produced, filed or first kept in the office on and after the first day of
January 1977. Such list shall be in conformity with such regulations as may be promulgated by
the New York State Committee on Open Government.
B. The city shall maintain a record of the final vote of each member in every city agency
proceeding in which the member votes.
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C. The city shall maintain a record setting forth the name, public office address, title and
salary of every officer or employee of the agency.
§ 256-8. Exemptions.
Notwithstanding the provision of § 256-1, this chapter shall not apply to information that is the
city may deny public access to records or portions thereof that:
A. Are Sspecifically exempted from disclosure by state or federal statute; or
B. Confidentially disclosed to an agency and complied and maintained for the regulation of
commercial enterprise, including trade secrets, or for the grant or review of a license to do
business and which, if openly disclosed, would permit an unfair advantage to competitors of the
subject enterprise, but this exemption shall not apply to records, the disclosure or publication of
which is directed by other statute; or Are trade secrets or are submitted to the city by a
commercial enterprise or derived from information obtained from a commercial enterprise and
which if disclosed would cause substantial injury to the competitive position of the subject
enterprise; or
C. If disclosed, would constitute an unwarranted invasion of personal privacy pursuant to
the standards of set forth in § 256-4B of this chapter; or
D. Part of investigatory files compiled for law enforcement purposes. Are compiled for law
enforcement purposes and if disclosed would either jeopardize a pending criminal investigation,
identify a confidential source, or reveal investigative techniques or procedures which are not
routine techniques or procedures; or
E. If disclosed could endanger the life or safety of any person; or
F. If disclosed would impair present or imminent contract awards or collective bargaining
negotiations; or
G. Are inter-agency or intra-agency materials which are not statistical or factual tabulations of
data; instructions to staff; final agency policy or determinations; or external audits, including but
not limited to audits performed by the State Comptroller and the federal government; or
H. Are examination questions or answers which are requested prior to the final administration
of such questions; or
I. If disclosed, could jeopardize the City’s capacity to guarantee the security of its information
technology assets, such assets encompassing both electronic information systems and
infrastructures; or
J. Are photographs, microphotographs, videotape or other recorded images prepared under
authority of section 1111-a of the Vehicle and Traffic Law; or
§ 256-9. Nothing in this chapter shall require the disclosure of the home address of an officer
or employee, former officer or employee, or of a retiree of the public employees; retirement
system; nor shall anything in this chapter require the disclosure of the name or home address of
a beneficiary of a public employees’ retirement system or of an applicant for appointment to
public employment; provided however, that nothing in this section shall limit or abridge the right
of an employee organization, certified or recognized for any collective negotiating unit or an
employer pursuant to article 14 of the Civil Service Law, to obtain the name or home address of
any officer, employee or retiree of such employer, if such name or home address is otherwise
available under this chapter.
Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the provisions of the
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.
Section 3.
EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter.
Alderperson Zumoff explained that New York State has recently mandated that municipalities
that have the capability to accept and respond to Freedom of Information Law (FOIL) Requests
electronically must do so. The proposed new language includes this change in procedure, as
well as other changes that reflect the current practices of the City.
A vote on the Ordinance resulted as follows:
Carried Unanimously
December 6, 2006
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PLANNING, ECONOMIC DEVELOPMENT & ENVIRONMENTAL QUALITY COMMITTEE:
10.1 Approval of the Southwest Area Urban Neighborhood: Request for Qualifications,
December 2006, and the Selection Process Set Forth Therein - Resolution
By Alderperson Tomlan: Seconded by Alderperson Townsend
WHEREAS, the City of Ithaca Common Council wishes to develop and/or use approximately 60
acres of City-owned property in the Southwest Area in a manner that is responsive to both
public interests and the private development market, and
WHEREAS, in 1998, the Southwest Area Land Use Committee issued a report, Southwest Area
Land Use Plan, based on a 1994 plan of the same name, with a 1998 addendum, and
WHEREAS, on May 6, 1998, the Common Council, acting as Lead Agency, determined that
adoption of the Southwest Area Land Use Plan may have a significant environmental impact
and that a Generic Environmental Impact Statement was required, and
WHEREAS, on August 24, 2000, the Common Council adopted a Statement of Findings for the
Southwest Area Land Use Plan after considering the Draft Generic Environmental Impact
Statement (“DGEIS”) and the Final Generic Environmental Impact Statement (“FGEIS”),
including comments made by City committees and boards, interested agencies and the public,
and
WHEREAS, on January 3, 2001, the Common Council adopted the 1994 Southwest Area Land
Use Plan, including the 1998 Addendum as part of the City of Ithaca’s Comprehensive Plan,
and
WHEREAS, the City-owned property formerly known as Southwest Park was officially alienated
in 2001, thus removing its parkland status and making it available for sale, lease and/or
development, and
WHEREAS, on November 3, 2004, the Common Council passed a resolution approving a pre-
development process for said City-owned land, which included the creation of a client
committee to assist in the development of a vision statement for the area and in the preparation
of a Request for Qualifications for a developer, and, subsequently, the issuance of a Request
for Proposals, and
WHEREAS, the Southwest Client Committee developed a vision statement that calls for the
creation of a diverse, primarily residential, mixed-use development of urban scale and density,
the design and implementation of which would facilitate non-motorized and mass transportation,
integrate sustainable building practices and environmental systems, and provide for
permanently affordable housing as well as the preservation of approximately 20 acres of the site
as open space, green space or woods, and
WHEREAS, on March 1, 2006, the Common Council
(a) adopted the “Southwest Vision Statement”, dated January 4, 2006, as a
guide for the development of a new neighborhood in the Southwest Area,
(b) directed the Department of Planning and Development, in consultation
with the Southwest Committee, to develop and issue a Request for
Qualifications (“RFQ”) for a Preferred Developer, and
(c) authorized Mayor Carolyn K. Peterson to appoint a selection committee to
review the responses to the RFQ and to make a recommendation to the
Ithaca Urban Renewal Agency and to the Common Council regarding the
selection of a Preferred Developer for the Southwest Area, said Preferred
Developer to be a qualified and eligible sponsor authorized to acquire or
lease property from the Ithaca Urban Renewal Agency pursuant to
Section 507 of Article 15 of General Municipal Law (i.e., not requiring
issuance of a Request for Proposals), and
WHEREAS, a proposed Request for Qualifications has been prepared and reviewed by the City
Attorney and the Mayor; now, therefore, be it
RESOLVED, That the Common Council approves the Southwest Area Urban Neighborhood:
Request for Qualifications, December, 2006, and the selection process set forth therein, subject
to minor editorial modifications.
Amending Resolution:
By Alderperson Tomlan: Seconded by Alderperson Cogan
RESOLVED, That the 9th Whereas Clause be amended to add subsection “d”, and that the
Resolved Clause be amended to read as follows:
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“(d) directed the Department of Planning and Development, in conjunction with the City
Attorney’s Office, to prepare the documents necessary to transfer the Southwest Area
property from the City to the Ithaca Urban Renewal Agency, subject to
Common Council approval of the same, and”
”RESOLVED, That the Common Council approves the Southwest Area Urban Neighborhood:
Request for Qualifications, December 2006, and the selection process set forth therein, as
revised through December 6, 2006, and subject to minor editorial modifications.”
Alderperson Tomlan reviewed the amendments that were made to the RFQ document.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
11.1 DPW - Request to Amend South Aurora Street Bridge Rehabilitation Capital
Project - Resolution
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, the City of Ithaca requested an amendment to the 2005-2010 Transportation
Improvement Program, and 2006-2008 State Transportation Improvement Program for the
South Aurora Street Bridge at Six Mile Creek project (PIN: 375380), and
WHEREAS, the Ithaca-Tompkins County Transportation Council (ITCTC) Planning Committee
reviewed this TIP amendment during its September 19, 2006 meeting and recommended
approval by the Policy Committee, and
WHEREAS, the Policy Committee of the Ithaca-Tompkins County Transportation Council
(ITCTC) approved a Transportation Improvement Program (TIP) amendment on October 17,
2006, during a regularly scheduled meeting, now therefore be it
RESOLVED, That Capital Project #486 be increased from $913,000 to a maximum authorized
cost of $1,743,000, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost to the
City of Ithaca will not exceed five percent (5%) of the final approved project cost, currently
estimated at $87,150 of the $1,743,000 authorized for this project, in monies and in-kind
services as managed by the Superintendent of Public Works and monitored by the City of Ithaca
Controller.
Alderperson Coles stressed that the increase to the City’s share of the project is approximately
$22,000 due to the rising costs of building materials. She further stated that the original cost
estimate was made approximately ten years ago, and it was agreed that the project budget
would be adjusted from time to time.
Alderperson Gelinas stated that future consideration will need to be given to the railings and
lighting once the bridge is built.
Bridge Systems Engineer Hernando Gil stated that the New York State Department of
Transportation (DoT)originally said they would not cover the costs of the railings and lighting, so
Common Council agreed to fund $40,000 for the railings but not the lighting. The NYS DoT has
since agreed to include railings and lighting in the project so the City will save that $40,000.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.2 DPW – Amendment to 2006 Water & Sewer Personnel Roster to Add 2 Temporary
Laborer Positions - Resolution
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, recent retirements and promotions have resulted in a complete turn over of the
personnel in the water meter section of the Water & Sewer Division of the DPW, and
WHEREAS, succession planning and training to facilitate continuity of operations and continued
function of the water meter section has been successfully accomplished for the Senior Water
Meter Technician and one of the two Water Meter Technicians, and
December 6, 2006
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WHEREAS, in order to maintain the daily function of the water meter section there is a need to
complete the on the job training for the second Water Meter Technician position while having
the same employee available to assist in the daily work of the meter section, and
WHEREAS, there is also a strong internal candidate for an open Engineering Aide position
which needs some additional training to move into the Aide Position, and
WHEREAS, the second Water Meter Technician is an existing and funded position in the Water
& Sewer Division of the DPW and will not be filled until the completion of the training period,
and
WHEREAS, there is a need to have two temporary positions created to facilitate the continued
employment of the employees currently in training until the completion of the training required
for the position of the Water Meter Technician and Engineering Aide; now, therefore be it
RESOLVED, That Common Council hereby amends the 2006 DPW Water and Sewer
Authorized Personnel Roster as follows:
Add: Two (2) Laborer Position (Temporary)
and, be it further
RESOLVED, That said temporary Laborer Positions shall be deleted upon successful
completion of necessary training, and be it further
RESOLVED, That the second Water Meter Technician and Engineering Aide remain open and
unfilled while the Temporary Labor Positions are filled, and be it further
RESOLVED, That funds needed for said Personnel Roster amendment will be derived from the
existing 2006 DPW Water and Sewer Budget, and be it further
RESOLVED, That said roster amendment is contingent on the approval by the Board of Public
Works.
Carried Unanimously
11.3 A Local Law to Amend Chapter 300, Section 26(B)(1) of the City of Ithaca
Municipal Code entitled: "Taxation", providing for an increase in the Disability Real
Property Tax Exemption
By Alderperson Coles: Seconded by Alderperson Seger
Local Law # ___ - 2006
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Pursuant to an increase in the income ceilings at the State level for disability tax exemptions,
section 300-26(B)(1) of Article V entitled Disability Exemption of the City of Ithaca Municipal
Code shall be amended to increase the amount of the partial real property tax exemption for
certain disabled persons, as follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of New
York, real property located in the City of Ithaca owned by one or more persons, each of whom is
disabled and whose income is limited by reason of such disability, or real property owned by
husband and wife, or siblings, one of whom is disabled and whose income is limited by reason
of such disability, shall be partially exempt from taxation by said city for the applicable taxes
specified in § 459-c based upon the income of the owner or combined income of the owners.
Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Percentage Assessed
or Combined Annual Valuation Exempt
Income of Owners From Taxation
Up to but less than $26,000 [$24,000] 50%
Up to but less than $27,000 [$25,000] 45%
Up to but less than $28,000 [$26,000] 40%
Up to but less than $29,000 [$27,000] 35%
December 6, 2006
10
Up to but less than $29,900 [$27,900] 30%
Up to but less than $30,800 [$28,800] 25%
Up to but less than $31,700 [$29,700] 20%
Up to but less than $32,600 [$30,600] 15%
Up to but less than $33,500 [$31,500] 10%
Up to but less than $34,400 [$32,400] 5%
Section 2. Severability Clause.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase, or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction then that decision shall not affect the validity
of the remaining portion
Section 3. Effective Date.
This Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
Carried Unanimously
11.4 An Ordinance to Amend Chapter 300, Sections 300-1(A)(1) and 300-2(A) of the City
of Ithaca Municipal Code entitled: "Taxation", regarding a Real Property Tax Exemption
for Senior Citizens
By Alderperson Coles: Seconded by Alderperson Seger
ORDINANCE NO. 06-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1.
Pursuant to an increase in the income ceilings at the State level for tax exemptions for senior
citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled Senior Citizens Exemption of the
City of Ithaca Municipal Code shall be amended to increase the amount of the partial real
property tax exemption for certain senior citizens, as follows:
§ 300-1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property in the City of Ithaca owned by one or more persons, each of whom is 65
years of age or over, or real property owned by husband and wife or by siblings, one of whom is
sixty-five years of age or over, shall be partially exempt from taxation by the city based upon the
income of the owner or the combined incomes of the owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner or Assessed Valuation
Combined Annual Income of Owners Exempt From Taxation
Up to but less than $26,000 [$24,000] 50%
Up to but less than $27,000 [$25,000] 45%
Up to but less than $28,000 [$26,000] 40%
Up to but less than $29,000 [$27,000] 35%
Up to but less than $29,900 [$27,900] 30%
Up to but less than $30,800 [$28,800] 25%
Up to but less than $31,700 [$29,700] 20%
Up to but less than $32,600 [$30,600] 15%
Up to but less than $33,500 [$31,500] 10%
Up to but less than $34,400 [$32,400] 5%
December 6, 2006
11
(2) The partial exemption provided by this article shall, however, be limited to such property
and persons as meet the conditions, exclusions and limitations set forth in § 467 of the Real
Property Tax Law of the State of New York.
§ 300-2. Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $34,400 [$32,400] for the income tax year immediately preceding the date
of making application for exemption as consistent with the schedule provided in § 300-1A.
"Income tax year" shall mean a twelve-month period for which the owner or owners filed a
federal personal income tax return or, if no such return is filed, the calendar year. Where title is
vested in either the husband or the wife, their combined income may not exceed such sum.
Such income shall include social security and retirement benefits, interest, dividends, total gain
from the sale or exchange of a capital asset in the same income tax year, net rental income,
salary or earnings and net income from self-employment but shall not include a return of capital,
gifts or inheritances. In computing net rental income and net income from self-employment, no
depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal
property held for the production of income.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any
court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of
this law.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon publication of a notice
as provided in the Ithaca City Charter.
Alderperson Zumoff initiated discussion on the floor regarding whether the language of this
Ordinance could be amended to include domestic partners, or if this language was prescribed
by New York State Real Property Law. City Controller Thayer explained that these changes
would go into effect for 2008 taxes, not 2007 taxes.
Motion to Table Pending Further Information this evening:
By Alderperson Clairborne: Seconded by Alderperson Korherr
RESOLVED, That discussion of this Ordinance be tabled pending further information from the
City Chamberlain.
Ayes (9) Coles, Seger, Berry, Clairborne, Tomlan, Gelinas, Townsend,
Korherr, Cogan
Nays (1) Zumoff
Abstentions (0)
Carried
11.5 Planning and Development – Request Authorization of Application for 2007 New
York State Quality Communities Grant and Related City Match
By Alderperson Coles: Seconded by Alderperson Tomlan
WHEREAS, the future of both downtown Ithaca and Collegetown depend upon a strong retail
and commercial core businesses, and
WHEREAS, the changing local, regional and national marketplace has already and will continue
to affect the types of retail businesses found in both downtown Ithaca and Collegetown, and
WHEREAS, a strong central city commercial core, defined as both downtown Ithaca and
Collegetown, is important to the health and sustainability of the City of Ithaca and the entire
Tompkins County region, and
WHEREAS, there is need in both downtown Ithaca and Collegetown for a retail strategy to help
guide the growth and evolution of the retail sector in the years to come, and
WHEREAS, there is also a need to help both downtown Ithaca and Collegetown better define
and determine their place in the local and regional marketplace, an objective that is
accomplished through a strategic marketing and branding plan, and
WHEREAS, the State of New York Environmental Protection Fund Quality Communities
Planning Grant Program encourages communities to apply for economic development related
planning projects, and
December 6, 2006
12
WHEREAS, the Ithaca Downtown Partnership has collaborated with the City in preparing a
Quality Communities Grant application for both commercial areas in the total amount of
$40,000, and
WHEREAS, the grant requires a 20% funding match, not to exceed $8,000, to be shared by the
Ithaca Downtown Partnership and the City of Ithaca, and
WHEREAS, the Ithaca Downtown Partnership has pledged $4,000 as its share of the required
20% match for this grant application from its 2007 budget; now, therefore be it
RESOLVED, That the City of Ithaca will provide the additional $4,000 for its portion of the 20%
match, to be drawn from the City’s contingency account, A1990 Unrestricted Contingency, and
to be transferred to the Department of Planning and Development’s Contract Line, A8020-
5435,and encumbered into the 2007 budget; and, be it further
RESOLVED, That Common Council hereby authorizes Phyllisa DeSarno, Deputy Director for
Economic Development, to submit this application for a 2007 New York State Environmental
Protection Fund Quality Communities Grant.
Carried Unanimously
11.6 A Resolution Authorizing the Issuance of an Additional $1,081,547 Bonds of the
City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Reconstruction
of the Green Street Garage in and for said City
By Alderperson Coles: Seconded by Alderperson Cogan
WHEREAS, all conditions precedent to the financing of the capital project 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 additional bonds for the financing thereof, now,
therefore, be it
RESOLVED, By the affirmative vote of not less than two-thirds of the total voting strength of the
Common Council of the City of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying part of the cost of the reconstruction
of the Green Street Garage of and for the City of Ithaca including incidental improvements and
expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York,
there are hereby authorized to be issued an additional $1,081,547 bonds pursuant to the
provisions of the Local Finance Law, which specific object or purpose is hereby authorized at
the new maximum estimated cost of $12,178,547.
Section 2. The plan for the financing of such $12,178,547 maximum estimated cost is as
follows:
a) By the issuance of the $1,223,000 bonds of said City heretofore authorized to be issued
therefore pursuant to a bond resolution dated December 3, 2003;
b) By the issuance of the additional $400,000 bonds of said City heretofore authorized to
be issued pursuant to a bond resolution dated July 6, 2005;
c) By the issuance of the additional $9,474,000 bonds of said City heretofore authorized to
be issued pursuant to a bond resolution dated December 7, 2005; and
d) By the issuance of the additional $1,081,547 bonds of said City herein authorized;
provided, however, that the amount of obligations ultimately to be issued will be reduced by any
State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is thirty years, pursuant to subdivision 11(a)(1) of paragraph a of
Section 11.00 of the Local Finance Law, computed from January 17, 2004, the date of the first
bond anticipation note issued therefore.
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 of said City,
a tax sufficient to pay the principal of and interest on such obligations as the same become due
and payable.
Section 5. Such bonds 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 thereon and may
be attested by the manual or facsimile signature of the City Clerk.
December 6, 2006
13
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 the City Controller
shall deem best for the interests of the City.
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 debt service and
all matters related thereto, 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 the 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 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a 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 or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
A Roll Call Vote resulted as follows:
Alderperson Coles Aye Alderperson Seger Aye
Alderperson Berry Nay Alderperson Clairborne Nay
Alderperson Tomlan Aye Alderperson Zumoff Aye
Alderperson Gelinas Aye Alderperson Townsend Aye
Alderperson Cogan Aye Alderperson Korherr Nay
Carried (7-3)
11.7 A Resolution Authorizing the Issuance of an Additional $480,000 Bonds of the City
of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Construction of the
Cass Park Waterfront Trail (Phase II) in and for said City
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, all conditions precedent to the financing of the capital project 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 additional bonds for the financing thereof , now,
therefore, be it
RESOLVED, By the affirmative vote of not less than two-thirds of the total voting strength of the
Common Council of the City of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying part of the cost of the construction of
the Cass Park Waterfront Trail (Phase II), including incidental improvements and expenses in
connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued an additional $480,000 bonds pursuant to the provisions of the
Local Finance Law, which specific object or purpose is hereby authorized at the new maximum
estimated cost of $1,157,724.
December 6, 2006
14
Section 2. The plan for the financing of such $1,157,724 maximum estimated cost is as
follows:
a) By the issuance of the $677,724 bonds of said City heretofore authorized to be issued
therefore pursuant to a bond resolution dated July 9, 2003; and
b) By the issuance of the additional $480,000 bonds of said City herein authorized;
provided, however, that the amount of obligations ultimately to be issued will be reduced by any
State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is fifteen years, pursuant to subdivision 19(c) of paragraph a of
Section 11.00 of the Local Finance Law, computed from August 8, 2003, the date of the first
bond anticipation note issued therefore pursuant to the aforesaid bond resolution dated July 9,
2003.
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 of said City,
a tax sufficient to pay the principal of and interest on such obligations as the same become due
and payable.
Section 5. Such bonds 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 thereon 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 the City Controller
shall deem best for the interests of the City.
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 debt service and
all matters related thereto, 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 the 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 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a 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 or
summary form 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.
Alderperson Coles emphasized that the City’s share of the project would be $96,000, and that
$384,000 would be derived through grant funding.
December 6, 2006
15
Extensive discussion followed on the floor regarding the location of the trail through private
property and the negotiations that will be taking place with property owners to obtain
easements.
Alderperson Berry inquired as to the status of access to the traffic study. City Attorney Hoffman
responded that the New York State Department of Transportation has delivered copies of the
traffic study and raw data that includes 5-6 video cassettes. Alderperson Berry stated that she
has many concerns regarding pedestrian and traffic safety and would like more information
before she votes on this project.
Mayor Peterson noted that efforts are being taken by the City to respond to inaccurate
information that has been printed in the paper from local residents, and reported that the City
has received a letter of support from the Federal Highway Administration in response to an
accusation of wrong-doing by a resident.
Mayor Peterson further explained that Common Council has previously authorized the amount
of money to be used for negotiations ($260,000) and that this is the next step that needs to be
taken.
City Controller Thayer explained that this Resolution is the basic authorization to issue the
bonds for this project. If this item were to be tabled until next month pending further information
from Traffic Engineer Tim Logue, the next opportunity to obtain a bond for the project would be
in August 2007.
Alderperson Clairborne expressed frustration regarding having to consider timelines with this
vote. He stated that he is in favor of the trail, but feels that the concerns of the property owners
have not been resolved and he would prefer to be able to discuss this issue further with the
Traffic Engineer before voting on it.
A Roll Call vote on the Resolution resulted as follows:
Alderperson Coles Aye Alderperson Seger Aye
Alderperson Berry Aye Alderperson Clairborne Aye
Alderperson Tomlan Aye Alderperson Zumoff Aye
Alderperson Gelinas Aye Alderperson Townsend Aye
Alderperson Cogan Aye Alderperson Korherr Aye
Carried Unanimously
11.8 A Resolution Authorizing the Issuance of $4,431,606 Bonds of the City of Ithaca,
Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for
said City.
By Alderperson Coles: Seconded by Alderperson Townsend
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 affirmative vote of not less than two-thirds of the total voting strength of the
Common Council of the City of Ithaca, Tompkins County, New York, as follows:
Section 1. For the object or purpose of paying the cost of certain capital improvements in
and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be
issued $4,431,606 bonds of said City pursuant to the provisions of the Local Finance Law,
apportioned among such capital improvements in accordance with the maximum estimated cost
of each. The capital improvements to be financed pursuant to this bond resolution, the
maximum estimated cost of each, the amount of serial bonds to be authorized therefore, the
period of probable usefulness of each, and whether said capital improvements are each a
specific object or purpose or a class of objects or purposes is as follows:
a) Phase II of the purchase and installation of generators in various City facilities, at a
maximum estimated cost $250,000. It is hereby determined that the plan for the financing of
such class of objects or purposes shall consist of the issuance of $250,000 bonds of the
$4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid class of objects or
purposes is ten years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local
Finance Law;
b) Acquisition of software for Building Department, at a maximum estimated cost $81,250.
It is hereby determined that the plan for the financing of such specific object or purpose shall
December 6, 2006
16
consist of the issuance of $81,250 bonds of the $4,431,606 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 32 of
paragraph a of Section 11.00 of the Local Finance Law;
c) To replace telephone system at City Hall and other departments, at a maximum
estimated cost $150,000. It is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $150,000 bonds of the $4,431,606 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purposes is 5 years,
pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law;
d) Construction of a dock at Stewart Park, including incidental improvements and
equipment and expenses in connection thereto, at a maximum estimated cost $40,000. It is
hereby determined that the plan for the financing of such specific object or purpose shall consist
of the issuance of $40,000 bonds of the $4,431,606 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of probable usefulness
of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of
paragraph a of Section 11.00 of the Local Finance Law;
e) Construction of a replacement retaining wall on Cliff Street in said City, including
incidental improvements and expenses in connection therewith, at a maximum estimated cost
$400,000. It is hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $400,000 bonds of the $4,431,606 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to
subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law;
f) Construction of a new municipal parking lot in the West End of City at 404 Fulton Street,
including incidental improvements, equipment and expenses in connection therewith, at a
maximum estimated cost $280,000. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of $280,000 bonds of the
$4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid specific object or
purpose is 10 years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local
Finance Law;
g) Purchase and installation of new traffic signal at College Avenue and Dryden Road,
including incidental expenses in connection therewith, at a maximum estimated cost $125,000.
It is hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $125,000 bonds of the $4,431,606 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 72(a)
of paragraph a of Section 11.00 of the Local Finance Law;
h) Construction and installation of new salt storage shed for Department of Public Works at
715-721 Willow Avenue, including incidental improvements, equipment and expenses in
connection therewith, at a maximum estimated cost $220,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the issuance of
$220,000 bonds of the $4,431,606 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 30 years, pursuant to subdivision 11(a)(1) of paragraph a of
Section 11.00 of the Local Finance Law;
i) Construction of a new municipal parking lot on Inlet Island, including demolition of
existing building thereat, at a maximum estimated cost $100,000. It is hereby determined that
the plan for the financing of such specific object or purpose shall consist of the issuance of
$100,000 bonds of the $4,431,606 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 10 years, pursuant to subdivision 19(c) of paragraph a of Section
11.00 of the Local Finance Law;
j) Purchase of equipment for construction and maintenance purposes, each item of which
costs $30,000 or more, at a maximum estimated cost $475,000. It is hereby determined that
the plan for the financing of such class of objects or purposes shall consist of the issuance of
$475,000 bonds of the $4,431,606 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section
11.00 of the Local Finance Law;
k) Purchase of police vehicles to replace those in service at least one year, at a maximum
estimated cost $105,000. It is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $105,000 bonds of the $4,431,606 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purposes is 3 years,
pursuant to subdivision 77 (1st) of paragraph a of Section 11.00 of the Local Finance Law;
l) Purchase of a pumper fire fighting vehicle, including incidental expenses in connection
therewith, at a maximum estimated cost $460,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $460,000 bonds of
December 6, 2006
17
the $4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid specific object or
purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local
Finance Law;
m) Purchase of mobile communication equipment for the Fire Department, including
incidental expenses in connection therewith, at a maximum estimated cost $140,000. It is
hereby determined that the plan for the financing of such class of objects or purposes shall
consist of the issuance of $140,000 bonds of the $4,431,606 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is 10 years, pursuant to subdivision 25
of paragraph a of Section 11.00 of the Local Finance Law;
n) Purchase of management software incidental to use of apparatus of the Fire
Department, at a maximum estimated cost $89,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of $89,000 bonds
of the $4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It
is hereby determined that the period of probable usefulness of the aforesaid specific object or
purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local
Finance Law;
o) Purchase of a rescue vehicle for the Fire Department, including incidental equipment
expenses in connection therewith, at a maximum estimated cost $125,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall consist of the
issuance of $125,000 bonds of the $4,431,606 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of probable usefulness
of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 27-a of
paragraph a of Section 11.00 of the Local Finance Law;
p) Planning and design for dredging projects for various City waterways, including
incidental expenses in connection therewith, at a maximum estimated cost $266,356. It is
hereby determined that the plan for the financing of such class of objects or purposes shall
consist of the issuance of $266,356 bonds of the $4,431,606 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision
62(2nd) of paragraph a of Section 11.00 of the Local Finance Law;
q) Reconstruction of water storage tanks of and for said City, including incidental expenses,
at a maximum estimated cost $350,000. It is hereby determined that the plan for the financing
of such class of objects or purposes shall consist of the issuance of $350,000 bonds of the
$4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local
Finance Law;
r) Construction of a new cold storage facility for water and sewer facilities in and for said
City, including incidental improvements, equipment and expenses, at a maximum estimated
cost $190,000. It is hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $190,000 bonds of the $4,431,606 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that the period
of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to
subdivision 94 based upon subdivisions 1, 4 and 11(a)(1) of paragraph a of Section 11.00 of the
Local Finance Law;
s) South End Water Main improvement project, including equipment, machinery,
apparatus, and incidental improvements and expenses, at a maximum estimated cost $70,000.
It is hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $70,000 bonds of the $4,431,606 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law;
t) Southwest Area Sewer Main Improvement project, including equipment, machinery,
apparatus, and incidental improvements and expenses, at a maximum estimated cost $35,000.
It is hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $35,000 bonds of the $4,431,606 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of
paragraph a of Section 11.00 of the Local Finance Law;
u) Purchase of a sewer vacuum truck for the Sewer Department, including incidental
expenses, at a maximum estimated cost $290,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $290,000 bonds of
the $4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid specific object or
purpose is 30 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local
Finance Law; and
v) Purchase of a bulldozer for water and sewer system, including incidental expenses, at a
maximum estimated cost $190,000. It is hereby determined that the plan for the financing of
December 6, 2006
18
such specific object or purpose shall consist of the issuance of $190,000 bonds of the
$4,431,606 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid specific object or
purpose is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local
Finance Law.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is
$4,431,606, and the plan for the financing thereof is by the issuance of the $4,431,606 serial
bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in
accordance Section 1 hereof.
Section 3. 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 of said City,
a tax sufficient to pay the principal of and interest on such obligations as the same become due
and payable.
Section 4. Such bonds 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 thereon and may
be attested by the manual or facsimile signature of the City Clerk.
Section 5. 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 the City Controller
shall deem best for the interests of the City; including, but not limited to, the power to sell said
serial bonds to the New York State Environmental Facilities Corporation.
Section 6. The City Controller is hereby further authorized, at his sole discretion, to execute
a project financing and/or loan agreement, and any other agreements with the New York State
Department of Health and/or the New York State Environmental Facilities Corporation, including
amendments thereto, and including any instruments (or amendments thereto) in the effectuation
thereof, in order to effect the financing or
refinancing of the class of objects or purposes described in Section 1 hereof, or a portion
thereof, by a serial bond issue of said City in the event of the sale of same to the New York
State Environmental Facilities Corporation.
Section 7. The intent of this resolution is to give the City Controller sufficient authority to
execute those agreements, instruments or to do any similar acts necessary to affect the
issuance of the aforesaid serial bonds without resorting to further action of this Common
Council.
Section 8. The power to issue and sell notes to the New York State Environmental Facilities
Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the
City Controller. Such notes shall be of such terms, form and contents as may be prescribed by
said City Controller consistent with the provisions of the Local Finance Law.
Section 9. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt service and
all matters related thereto, 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 the 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 10. 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
December 6, 2006
19
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 11. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described herein.
Section 12. This resolution, which takes effect immediately, shall be published in full or
summary form 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.
Alderperson Coles Aye Alderperson Seger Aye
Alderperson Berry Aye Alderperson Clairborne Aye
Alderperson Tomlan Aye Alderperson Zumoff Aye
Alderperson Gelinas Aye Alderperson Townsend Aye
Alderperson Cogan Aye Alderperson Korherr Aye
Carried Unanimously
11.9 A Resolution Authorizing the Issuance of an Additional $790,000 Bonds of the City
of Ithaca, Tompkins County, New York, to Pay Part of the cost of the Design and
Reconstruction of the South Aurora Street Bridge Over Six Mile Creek Project in and for
Said City.
By Alderperson Coles: Seconded by Alderperson Seger
WHEREAS, all conditions precedent to the financing of the capital project 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 additional bonds for the financing; now, therefore be it
RESOLVED, By the affirmative vote of not less than two-thirds of the total voting strength of the
Common Council of the City of Ithaca, Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying part of the cost of the design and
reconstruction of the South Aurora Street Bridge over Six Mile Creek Project in and for the City
of Ithaca, Tompkins County, New York, including incidental improvements and expenses in
connection therewith, there are hereby authorized to be issued an additional $790,000 bonds
pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby
authorized at the new maximum estimated cost of $1,743,000.
Section 2. The plan for the financing of such $1,743,000 maximum estimated cost is as
follows:
a) By the issuance of the $913,000 bonds of said City heretofore authorized to be issued
therefore pursuant to a bond resolution dated July 6, 2005;
b) By the issuance of the additional $40,000 bonds of said City heretofore authorized to be
issued pursuant to a bond resolution dated July 5, 2006; and
c) By the issuance of the additional $790,000 bonds of said City herein authorized;
provided, however, that the amount of obligations ultimately to be issued will be reduced by any
State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is twenty years, pursuant to subdivision 10 of paragraph a of Section
11.00 of the Local Finance Law, computed from August 4, 2005, the date of the first bond
anticipation note issued therefore pursuant to the aforesaid bond resolution dated July 6, 2005.
Said bond resolutions in Section 2 are hereby amended to increase the period of probable
usefulness to that stated herein.
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 of said City, a tax sufficient to pay the principal of and interest on such obligations as
the same become due and payable.
Section 5. Such bonds 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
December 6, 2006
20
Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon 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 the City Controller
shall deem best for the interests of the City; including, but not limited to, the power to sell said
serial bonds to the New York State Environmental Facilities Corporation.
Section 7. The City Controller is hereby further authorized, at his sole discretion, to execute
a project financing and loan agreement, and any other agreements with the New York State
Department of Health and/or the New York State Environmental Facilities Corporation, including
amendments thereto, and including any instruments (or amendments thereto) in the effectuation
thereof, in order to effect the financing or refinancing of the class of objects or purposes
described in Section 1 hereof, or a portion thereof, by a serial bond issue of said City in the
event of the sale of same to the New York State Environmental Facilities Corporation.
Section 8. The intent of this resolution is to give the City Controller sufficient authority to
execute those agreements, instruments or to do any similar acts necessary to affect the
issuance of the aforesaid serial bonds without resorting to further action of this Common
Council.
Section 9. The power to issue and sell notes to the New York State Environmental Facilities
Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the
City Controller. Such notes shall be of such terms, form and contents as may be prescribed by
said City Controller consistent with the provisions of the Local Finance Law.
Section 10. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt service and
all matters related thereto, 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 the 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 11. 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 12. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies
are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise
set aside with respect to the permanent funding of the object or purpose described herein.
Section 13. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
A Roll Call Vote on the Resolution resulted as follows:
Alderperson Coles Aye Alderperson Seger Aye
Alderperson Berry Aye Alderperson Clairborne Aye
Alderperson Tomlan Aye Alderperson Zumoff Aye
Alderperson Gelinas Aye Alderperson Townsend Aye
Alderperson Cogan Aye Alderperson Korherr Aye
Carried Unanimously
December 6, 2006
21
11.4 Motion to Remove Item from Table:
By Alderperson Clairborne: Seconded by Alderperson Korherr
RESOLVED, That the Ordinance to amend Chapter 300, Sections 300-1(A)(1) and 300-2(A) be
removed from the table.
Carried Unanimously
City Controller Thayer reported that he was unable to contact the City Chamberlain to discuss
the proposed language. City Attorney Hoffman stated that the City may be able to add
language to the Ordinance that would read “or, to the extent not prohibited by State law, by
Domestic Partners, or by siblings”. He further stated that language in question is language that
was crafted by New York State that has not been updated as of 2006. He stated that if the City
changed the language independent from New York State, it could be challenged in court. If the
language was challenged, it could be deemed invalid, but the rest of the language of the
Ordinance would remain valid.
Extensive discussion followed on the floor.
Amending Resolution:
By Alderperson Seger: Seconded by Alderperson Clairborne
RESOLVED, That Section 300-1(A) of the City of Ithaca Municipal Code be amended to read as
follows:
“A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property in the City of Ithaca owned by one or more persons, each of whom is 65
years of age or over, or real property owned by husband and wife, or to the extent not prohibited
by State law by Domestic Partners, or by siblings, one of whom is sixty-five years of age or
over, shall be partially exempt from taxation by the city based upon the income of the owner or
the combined incomes of the owners.
Extensive discussion followed on the floor regarding how this language would impact the other
provisions of the law.
Motion to Call the Question:
By Alderperson Clairborne: Seconded by Alderperson Coles
RESOLVED, That the question be called regarding the proposed amendment.
Carried Unanimously
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
COMMUNITY & NEIGHBORHOOD SERVICES COMMITTEE:
12.1 Resolution Extending the Current Recreation Partnership Agreement Through
December 31, 2007
By Alderperson Korherr: Seconded by Alderperson Townsend
WHEREAS, Intermunicipal Cooperative Recreation Partnership has successfully served
thousands of young people throughout Tompkins County, operating under a five year
agreement that expires December 31, 2006, and
WHEREAS, the Recreation Partnership's governing board has begun but not yet concluded its
internal reflection and process of seeking input from all municipal partners to evaluate and
update the partnership agreement for the next five year period, and
WHEREAS, Tompkins County, upon recommendation of the Health and Human Services
Committee, has agreed to extend the current Intermunicipal Recreation Partnership Agreement
through December 31, 2007,
WHEREAS, the Recreation Partnership's governing board will prepare a proposed agreement
for the period 2008-2012, by May 2007, and
WHEREAS, the Community and Neighborhood Services Committee has reviewed the
Recreation Partnership evaluation process and found it to be satisfactory, now therefore be it
RESOLVED, That the Common Council hereby approves the extension of the current
Intermunicipal Cooperative Recreation Partnership Agreement for one year, through December
31, 2007, and authorizes and directs the Mayor to execute any documents required to
implement such extension, and be it further
December 6, 2006
22
RESOLVED, That all terms, conditions, and financial commitments set forth in or pertaining to
the current Agreement shall remain in force through December 2007, and be it further
RESOLVED, That the City Clerk is directed to provide a certified copy of the approved final
resolution to the Tompkins County Youth Bureau.
Carried Unanimously
INDIVIDUAL MEMBER – FILED RESOLUTIONS:
15.1 Commitment to the Implementation of the 2006 Economic Development Strategy for
Tompkins County - Resolution
By Alderperson Tomlan: Seconded by Alderperson Berry
WHEREAS, the Common Council of the City of Ithaca has reviewed the “2006 Economic
Development Strategy for Tompkins County,” which recommends goals of increasing and
diversifying the County housing supply; improving workforce and business skills in the County;
and revitalizing unique commercial districts and town center, and
WHEREAS, on November 1, 2006, the Common Council of the City of Ithaca resolved to
support the concept of the Economic Development Collaborative, whose mission for Tompkins
County is to:
“Cultivate a prosperous and sustainable regional economy by building
the economic foundations, expanding opportunities, and fully engaging
the community in ways that reflect the community’s strengths and values,”
and
WHEREAS, the Economic Development Collaborative includes representatives from the
following organizations:
- Tompkins County Area Development
- Tompkins County Industrial Development Agency
- Tompkins County Workforce Investment Board
- Tompkins County Chamber of Commerce
- Tompkins County Convention and Visitor’s Bureau
- Ithaca Downtown Partnership
- City of Ithaca Department of Planning & Development
- Ithaca Urban Renewal Agency
- Town of Ithaca Planning Department
- Tompkins County Planning Department
- Ithaca-Tompkins County Transportation Council
- Cooperative Extension of Tompkins County
- Tompkins County Municipal Officials Association, and
WHEREAS, the addition of the Multicultural Resource Center and the Alliance for Community
Empowerment (ACE) as represented organizations in the Economic Development Collaborative
would not only broaden and diversity the membership but would provide valuable perspectives
on economic needs and opportunities in the County in order to meet the stated mission of the
collaborative; now, therefore be it
RESOLVED, That the City of Ithaca respectfully asks that the Multicultural Resource Center and
the Alliance for Community Empowerment (ACE) be added as represented organizations in
Tompkins County’s Economic Development Collaborative.
Alderperson Tomlan explained that the Resolution of support for the concept of the Economic
Dev. Collaborative was discussed, amended, and approved at the last Common Council
meeting. After subsequent review, it was decided that intended language was not added to the
Resolution, so she has brought the item back with the intended addition for further
consideration.
A vote on the Resolution resulted as follows:
Carried Unanimously
MAYOR’S APPOINTMENTS:
Board of Public Works:
By Alderperson Korherr: Seconded by Alderperson Cogan
RESOLVED, That Jill Tripp be appointed to the Board of Public Works to fill a vacancy with a
term to expire December 31, 2009, and be it further
RESOLVED, That Raymond Schlather be reappointed to the Board of Public Works with a term
to expire December 31, 2009, and be it further
December 6, 2006
23
Bicycle Pedestrian Advisory Council:
RESOLVED, That Nicole Tedesco be reappointed to the Bicycle Pedestrian Advisory Council
with a term to expire December 31, 2009, and be it further
RESOLVED, That David McElrath be reappointed to the Bicycle Pedestrian Advisory Council as
the DAC liaison with a term to expire December 31, 2009, and be it further
Board of Zoning Appeals:
RESOLVED, That Steven Beer be reappointed to the Board of Zoning Appeals with a term to
expire December 31, 2009, and be it further
Cable Access Oversight Committee:
RESOLVED, That Shane Seger be reappointed to the Cable Access Oversight Committee with
a term to expire December 31, 2009, and be it further
Commons Advisory Board:
RESOLVED, That Joseph Gaylord be reappointed to the Commons Advisory Board with a term
to expire December 31, 2008, and be it further
Community Police Board:
RESOLVED, That Kerry Flannery be reappointed to the Community Police Board with a term to
expire December 31, 2009, and be it further
RESOLVED, That Herb Nelson be reappointed to the Community Police Board with a term to
expire December 31, 2009, and be it further
Design Review Board:
RESOLVED, That Grace Chiang be reappointed to the Design Review Board with a term to
expire December 31, 2009, and be it further
Disability Advisory Council:
RESOLVED, That Rodney Sanford be appointed to the Disability Advisory Council to fill a
vacancy with a term to expire June 30, 2007, and be it further
Housing Board of Review:
RESOLVED, That Chris Anagnost be reappointed to the Housing Board of Review with a term
to expire December 31, 2009, and be it further
RESOLVED, That William Olney be reappointed to the Housing Board of Review with a term to
expire December 31, 2009, and be it further
Ithaca Landmarks Preservation Commission:
RESOLVED, That Susan E. Stein be reappointed to the Ithaca Landmarks Preservation
Commission with a term to expire December 31, 2009, and be it further
Natural Areas Commission:
RESOLVED, That Nancy Ramage be reappointed to the Natural Areas Commission with a term
to expire December 31, 2009, and be it further
Parks Commission:
RESOLVED, That Chrys Gardener be appointed to the Parks Commission to fill a vacancy with
a term to expire December 31, 2009, and be it further
Planning & Development Board:
RESOLVED, That David Kay be reappointed to the Planning & Development Board with a term
to expire December 31, 2009, and be it further
Rental Housing Advisory Commission:
RESOLVED, That Patricia Sipman be reappointed to the Rental Housing Advisory Commission
with a term to expire December 31, 2009, and be it further
Shade Tree Advisory Committee:
RESOLVED, That Carolyn H. Boronkay be reappointed to the Shade Tree Advisory Committee
with a term to expire December 31, 2009, and be it further
RESOLVED, That Chrys Gardener be reappointed to the Shade Tree Advisory Committee with
a term to expire December 31, 2008, and be it further
December 6, 2006
24
Workforce Diversity Committee:
RESOLVED, That Elizabeth Vance be reappointed to the Workforce Diversity Committee with a
term to expire December 31, 2009, and be it further
RESOLVED, That Marcia Fort be reappointed to the Workforce Diversity Committee with a term
to expire December 31, 2009, and be it further
RESOLVED, That Nancy Bereano be reappointed to the Workforce Diversity Committee with a
term to expire December 31, 2009, and be it further
RESOLVED, That Mary Matthews be reappointed to the Workforce Diversity Committee with a
term to expire December 31, 2009.
Carried Unanimously (9-0)
(Alderperson Cogan absent from vote)
REPORT OF COMMON COUNCIL LIAISONS:
Taxi Operations Sub-Committee
Alderperson Korherr announced that the next Taxi Operations Sub-Committee meeting would
be Tuesday, December 19, 2006 from 5:00 to 7:00 p.m.
Southwest Area Urban Neighborhood RFQ Selection Committee
Alderperson Coles announced that a Cornell University Class for Urban Planning would be
presenting models for the Southwest Area Urban Neighborhood Development on Monday,
December 11, 2006 and that the models would be on display for a week or two.
Water Plant Sub-Committee
Mayor Peterson stated that the Board of Public Works’ decision about the water plant is drawing
near. She stated that this is a very complicated issue that crosses both Common Council and
Board of Public Works responsibilities. A joint meeting of Common Council and the Board of
Public Works has been scheduled for January 11, 2007 to discuss this issue. She further stated
that she feels that this is a Common Council decision because of all the policy implications,
although the Board of Public Works is a major stakeholder and needs to provide a
recommendation.
City/Town Consolidation Study Group
Alderperson Tomlan reported that the City/Town Study Group, chaired by Wendy Skinner, met
last Friday and will be meeting again next week. The group will provide quarterly reports that
will be forwarded to Common Council members.
Collegetown Vision Task Force
Alderperson Gelinas reported that the Collegetown Vision Task Force has completed its work
and a presentation will be made in January for Common Council.
REPORT OF CITY CONTROLLER:
City Controller Thayer reported to Council on the following items:
- Year end activities are underway; sales tax is 3.3% ahead of the 2006 budget
($350,000)
- Overtime costs – The contracted buy-down of compensatory time for Police Officers
has resulted in IPD being $375,000 over budget in overtime costs; IFD is at budget.
- Parking revenues – short by $60,000
- Fine revenues – short by $150,000
- $2 million dollar pension bill due December 15, 2006 will result in a $25,000 savings
to the City
- State aid payment of $1.6 million is due to be received in December, 2006
- Snow removal budget is under budget so far
- City Court Facility water damage work complete; the cost is approximately $70,000-
$75,000
- Tompkins County Assessment incorrectly calculated the veteran’s exemption which
caused a revenue loss of $4,500 to the 2007 budget
Alderperson Berry requested a meeting to talk about rising overtime costs, and odd/even
parking regulations and subsequent ticketing.
REPORT OF CITY ATTORNEY:
City Attorney Hoffman reported that the City has closed on a one acre parcel of land in the
Town of Ithaca located in the Six Mile Creek Watershed area. The City has also signed a
purchase offer for a second parcel of land where the City water main runs.
December 6, 2006
25
He further reported that an Article 78 Proceeding has been brought against the Board of Zoning
Appeals regarding a Use Variance that was denied for a commercial office in a residential zone
(which was once a home occupation in an owner occupied property). The Court overturned the
Board of Zoning Appeals denial of the variance and directed the Board to issue the variance.
The City now needs to decide whether it wants to file an appeal.
MINUTES FROM PREVIOUS MEETINGS:
Approval of the November 1, 2006 Regular Common Council Meeting Minutes and the
November 9, 2006 Special Common Council Meeting Minutes- Resolution
By Alderperson Zumoff: Seconded by Alderperson Townsend
RESOLVED, That the minutes of the November 1, 2006 Regular Common Council Meeting and
the November 9, 2006 Special Common Council Meeting be approved with noted corrections.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:55 p.m.
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Julie Conley Holcomb, CMC Carolyn K. Peterson,
City Clerk Mayor