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HomeMy WebLinkAboutMN-CC-2008-07-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 7:00 p.m. July 2, 2008 PRESENT: Mayor Peterson Alderpersons (8) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Schuler, Myrick OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Hoffman City Controller – Thayer Superintendent of Public Works – Gray Human Resources Director – Michell-Nunn Fire Chief – Wilbur City Chamberlain – Parsons EXCUSED: Alderpersons (2) Cogan, Korherr PLEDGE OF ALLEGIANCE: Mayor Peterson led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: Town of Ithaca Board member Patricia Leary reported to Council on the following items:  The waterfront regulation law is almost completed. This law, in addition to other things, will regulate dock lengths.  Storm Water Regulation legislation is being developed.  The Town of Ithaca comprehensive plan revision is underway. A survey has been developed to gather input from town residents.  The Carrowmore Development, off of Mecklenburg Road, will include affordable to median income housing units, but most units will be high-end housing.  A candidate search for the Director of Code Enforcement position has begun and the Town is hoping to fill the position by Labor Day.  The Town approved the request for capital improvements for the Waste Water Treatment Plant PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Peterson reported that the City has signed a Memorandum of Understanding/Agreement with the operators of the Waste Water Treatment Plant for pager pay. Alderperson Tomlan extended her thanks to Dan Mitchell, Ithaca Beer Co., for the project he coordinated that resulted in repairs being made to the large pavilion at Stewart Park. She stated that she is concerned about comments made regarding the attention that the City provides to the park and noted that the City cares very much about Stewart Park but has many things to balance with limited resources. Alderperson Clairborne announced that the Race Liberation Alliance is hosting a Summertime Block Party in front of GIAC on July 5, 2008 from 2 p.m. to 8 p.m. The goal of the Alliance is to eradicate racism. CONSENT AGENDA ITEMS: 8.1 GIAC - Request to Amend Personnel Roster and Budget – Creation and Addition of GIAC Program Coordinator By Alderperson Zumoff: Seconded by Alderperson Myrick WHEREAS, the Greater Ithaca Activities Center (GIAC) needs two additional program coordinator positions in order to provide the proper level of program planning, supervision, and implementation, and July 2, 2008 2 WHEREAS, GIAC presently has one program supervisor and one program administrator overseeing at least 12 distinct programs in its youth and teen services each of which should be supervised by a program coordinator, and WHEREAS, as has been made evident by some of the more recent instances of violence, disparate treatment, increasing homelessness, and education interruption, the needs of our youth and teens are rapidly changing and requiring more sophisticated staff planning and intensive one-on-one attention, and WHEREAS, the daily planning, supervision and operations of these programs are done primarily by program assistants and program leaders, responsibilities well outside the scope of their civil service job guidelines, and WHEREAS, in order to correct this staffing problem and meet the needs of the department, GIAC has restructured its youth and teen services areas into a Youth Service Division, essentially reviving the successful program structure GIAC had prior to 2000, and the loss of 4 positions due to budget cuts and attrition, and WHEREAS, as an after-school program licensed by the State of New York Office of Children and Family Services (OCFS), GIAC is bound by the many regulations of OCFS which dictate staffing needs, program separation, age group separation, and staff-to- participant ratios, and WHEREAS, in order to facilitate adequately the present work load, future work plans, staff working within their proper titles and OCFS regulations, GIAC needs to hire upper level staff; beginning with the addition of one program coordinator in 2008, and WHEREAS, all costs associated with this new roster position, from August through December 2008 in the amount of $24,000, will be covered by the existing departmental budget; now therefore be it RESOLVED, That the City Administration Committee and Common Council hereby amends the 2008 GIAC roster to include an additional full-time GIAC Program Coordinator, and be it further RESOLVED, That GIAC staff will work with the City Controller’s office to make the requisite transfers from within GIAC personnel budget lines to fund this position for 2008. Carried Unanimously 8.2 Finance/Controller’s Office - Request to Approve Civil Service Agreement for the year 2008-2009 By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 2008 to June 30, 2009 in the amount of $50,219 payable to the City of Ithaca on or before November 1, 2008. Carried Unanimously COMMUNITY & ORGANIZATIONAL ISSUES COMMITTEE: There were no items submitted for the agenda. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Adoption of the Collegetown Urban Plan and Design Guidelines and Related Zoning Amendments—Declaration of Intent to be Lead Agency - Resolution By Alderperson Tomlan: Seconded by Alderperson Myrick WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law, and July 2, 2008 3 WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action, and WHEREAS, the proposed adoption of the Collegetown Urban Plan and Design Guidelines as an amendment to the City of Ithaca’s comprehensive plan, and the proposed adoption of related zoning amendments, are "Type I" Actions pursuant to CEQRO, thereby requiring environmental review, and WHEREAS, while the Common Council is the only involved agency for the adoption of zoning amendments, the Common Council and the Board of Public Works appear to be involved agencies with regard to the promulgation and adoption of new or revised parking rules and regulations that may be needed to implement the Urban Plan, and the Common Council and the Planning and Development Board are both involved agencies with regard to the adoption of the Urban Plan and Design Guidelines; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare its intent to act as lead agency for the coordinated environmental review of the proposed adoption of the Collegetown Urban Plan and Design Guidelines, as well as the proposed adoption of related zoning amendments and new or revised parking rules and regulations, and be it further RESOLVED, That the City Clerk be and hereby is authorized and directed to notify the Board of Public Works and the Planning and Development Board of Common Council’s intention with regard to these actions, and to ensure that, when Part 1 of the Full Environmental Assessment Form (“FEAF”) for these actions has been completed, it is transmitted to each of those boards, together with notification that a lead agency must be designated within 30 days of such transmission. Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Schuler RESOLVED, That the last Resolved clause be amended to read as follows: “RESOLVED, That the City Clerk be and hereby is authorized and directed to notify the Board of Public Works and the Planning and Development Board of Common Council’s intention with regard to these actions, and to ensure that, when Part 1 of the Full Environmental Assessment Form (“FEAF”) for these actions has been completed, it is transmitted to each of those boards, together with notification that a lead agency must be agreed upon within 30 days of such transmission. “ Alderperson Tomlan explained that these were the words used in the Ordinance. A vote on the Amending Resolution resulted as follows: Carried Unanimously City Attorney Hoffman stated that when more than one agency has a role in approving an action, they become the “involved agency”. These agencies have the ability to say that they wish to become the lead agency. If an agreement is not reached, the Department of Environmental Conservation will select the lead agency. The other agencies have the option of stating that they are not interested in taking the lead role. Main Motion As Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 10.2 Request for Parks Commission Membership on the Stewart Park Rehabilitation Action Plan (“SPRAP”) Steering Committee - Resolution By Alderperson Tomlan: Seconded by Alderperson Dotson WHEREAS, City of Ithaca Parks Commissioner Richard Manning, representing the Tompkins County Chamber of Commerce Foundation's Cayuga Waterfront Trail Initiative, wrote a Tourism Capital Grants Feasibility Study Application for a Stewart Park Rehabilitation Action Plan (“SPRAP”) for consideration by the Tompkins County Strategic Tourism Planning Board, and July 2, 2008 4 WHEREAS, the City of Ithaca Common Council voted, at its March 5, 2008 meeting, to support the above-named grant application, and WHEREAS, in May 2008 the Cayuga Waterfront Trail Initiative was awarded a $15,000 Tourism Capital Grants Feasibility Study grant for the Stewart Park Rehabilitation Action Plan, and WHEREAS, the Stewart Park Rehabilitation Action Plan proposes to identify and assess all of the projects currently needed to upgrade existing facilities and to coordinate projects being proposed by various community groups, into one coherent vision for the park and how they can be prioritized for effective implementation, and WHEREAS, this vision will be developed through the work of a task force of stakeholders that will include representatives from the City of Ithaca (various departments and boards, Common Council), Tompkins County Chamber of Commerce, Strategic Tourism Planning Board and County Visitor Bureau, Historic Ithaca, The History Center in Tompkins County, the Ithaca Motion Picture Project, Tompkins County Planning Department, Ithaca Festival, Community Arts Partnership, Cascadilla Boat Club, Cornell Lab of Ornithology, Sustainable Tompkins, and the Friends of Newman Golf Course, and WHEREAS, a Steering Committee, composed of two Common Council members, two Chamber of Commerce members, 1 Board of Public Works member, and 1 Strategic Tourism Planning Board member, will oversee and review final recommendations to be included in the concluding report, and WHEREAS, in voicing its support for the grant application the Common Council had requested that the Board of Public Works member be included on the Steering Committee as outlined above, and WHEREAS, the City of Ithaca Parks Commission, which “is responsible on an ongoing basis for examining the stewardship of the city’s parks system and for determining whether leisure-time user needs are being met by the city’s parks and open spaces,” voted at its June 10, 2008 meeting to request membership on the Steering Committee*; now, therefore, be it RESOLVED, That the Common Council requests that a representative from the City of Ithaca Parks Commission also be included as a member of the Stewart Park Rehabilitation Action Plan Steering Committee. Alderperson Tomlan explained that the Stakeholder Group would not meet as frequently as the Steering Committee. She further reported that Ron Chapman would be representing the Board of Public Works on the Steering Committee. A vote on the Resolution resulted as follows: Carried Unanimously 10.3 Conceptual Approval of the Ithaca – Tompkins County – Cornell Housing Collaboration Proposal as a Guideline for Implementing the Housing Strategy for Tompkins County - Resolution By Alderperson Tomlan: Seconded by Alderperson Rosario WHEREAS, on July 5, 2007, the Common Council of the City of Ithaca endorsed the Housing Strategy for Tompkins County (“Housing Strategy”), which seeks to increase the supply of housing to meet needs identified in the Affordable Housing Needs Assessment (“Housing Assessment”), prepared for the Tompkins County Planning Department in 2005, and WHEREAS, the Housing Assessment concluded that there is a need over a 10-year period for over 4,000 new housing units, 54% of which need to be affordable to households earning less than 80% of the median income, and July 2, 2008 5 WHEREAS, the Housing Strategy recommends a series of supportive actions be taken to create more housing choices, at a range of prices, in close proximity to services, jobs and transit, and WHEREAS, the Housing Strategy recommends implementation of the following four initiatives to promote new housing production in close proximity to services, jobs and transit: 1. Inclusionary and incentive zoning; 2. Community housing trust fund; 3. Employer assistance; 4. Housing affordability fund; and WHEREAS, on October 6, 2007, Cornell University President David Skorton announced a $20 million initiative over the next ten years in affordable workforce housing, transportation management programs, and related infrastructure improvements that will mutually benefit Cornell and the local community, and WHEREAS, Cornell seeks to work in collaboration with local elected leaders to identify widely agreed-upon uses of Cornell’s $10 million housing investment, and WHEREAS, Cornell also seeks to use its funding in a manner that leverages its funding to maximize the number of new workforce housing opportunities made available as a result of its investment, and WHEREAS, the Ithaca – Tompkins County – Cornell Housing Collaboration, a proposal that outlines a series of guiding principles and related housing programs to be established by Cornell University and the Tompkins County community to implement the Housing Strategy, was publicly discussed at the December 19, 2007 Mayor’s Housing Forum, and WHEREAS, the Ithaca – Tompkins County – Cornell Housing Collaboration proposal further recommends the establishment of the following housing programs that could produce up to 775 housing units with a total development cost of $169 million:  employer-assisted housing programs;  a housing affordability fund;  a community housing trust fund;  rental housing development;  tax exempt bond financing/credit enhancement; and WHEREAS, the Ithaca – Tompkins County – Cornell Housing Collaboration has been revised to incorporate comments made at the December 19, 2007 forum meeting and to reflect discussions among housing advocates from Tompkins County, local governments, Cornell, housing developers, and non-profit organizations, and WHEREAS, another Mayor’s Housing Forum is scheduled for June 20, 2008 to confirm preliminary agreement on the Ithaca – Tompkins County – Cornell Housing Collaboration and to discuss implementation of a community housing trust fund and a housing affordability fund; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca hereby conceptually approves the Ithaca – Tompkins County – Cornell Housing Collaboration proposal, dated 6-9-08, as a guideline for Cornell University and the Tompkins County community to jointly implement the Housing Strategy for Tompkins County, and be it further RESOLVED, That the Chair of the Planning & Economic Development Committee, in conjunction with the Mayor, is hereby authorized to revise the proposal in response to comments received at the June 20, 2008 Mayor’s Housing Forum, and be it further July 2, 2008 6 RESOLVED, That implementation of each specific program element of the Ithaca – Tompkins County – Cornell Housing Collaboration requiring City financial participation shall require separate authorization by the Common Council. Alderperson Tomlan explained that the Mayor’s Forum scheduled for June 20, 2008 was cancelled. Since then, Cornell University has disclosed their plans to contribute $1 million for a housing initiative. Mayor Peterson stated that she has received comments from the Ithaca Urban Renewal Agency, and they feel it is pre-mature for them to make a recommendation without further discussion among elected and appointed officials. Alderperson Schuler questioned whether there have been communications from Cornell. Mayor Peterson responded that she has been in communication with President Skorton and two other Vice-Presidents. Amending Resolution: By Alderperson Coles: Seconded by Alderperson Schuler RESOLVED, That the first Resolved clause be amended to read as follows: “RESOLVED, The Common Council of the City of Ithaca hereby conceptually supports the general direction of the Ithaca – Tompkins County – Cornell Housing Collaboration draft proposal, dated “6-9-08”, as a guideline for Cornell University and the Tompkins County community to jointly implement the Housing Strategy for Tompkins County, and be it further” Alderperson Tomlan stated that she is supportive of changes made to the language. She further stated that additional work would be needed to shape the process, as the current group does not have a formal report-out mechanism. Discussion followed on the floor regarding the membership of the committee. A Vote on the Amending Resolution resulted as follows: Carried Unanimously Amending Resolution: By Alderperson Tomlan: Seconded by Alderperson Schuler RESOLVED, That the last Whereas Clause be removed and replaced with the following language: “WHEREAS on June 26, 2008, Cornell University announced plans for the first year of its 10-year, $10 million investment in housing by committing $1 million for housing initiatives in basic agreement with the Ithaca -- Tompkins County – Cornell Housing Collaboration; now, therefore, be it” and, be it further RESOLVED, That the Middle Resolved clause be removed and replaced with the following language: “RESOLVED, That since Cornell University has now announced specific plans for the first one million dollars for housing initiatives, a duly constituted group of people be established, with representatives from Cornell University, the City and Ithaca Urban Renewal Agency, and the County, including experts in the field, to develop a policy framework, implementation mechanisms, and administrative tools for furtherance of this proposed plan, and be it further” Carried Unanimously Alderperson Rosario asked what the next steps would be. Mayor Peterson responded that she would share this Resolution with the IURA, Tompkins County, and Cornell University so that they can get started on making appointments to the group. July 2, 2008 7 Main Motion as Amended: A Vote on the Main Motion as Amended resulted as follows: Carried Unanimously 11. CITY ADMINISTRATION COMMITTEE: 11.1 A Local Law to Amend Section C-73 of the City of Ithaca Charter Entitled “Sidewalks” Pursuant to a Recommendation of the Board of Public Works By Alderperson Coles: Seconded by Alderperson Zumoff Local Law - 2008 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section C-73 of the City of Ithaca Charter is hereby amended to read as follows: A. [Construction and Repair] Authority 1. [Authority.] The Board of Public Works shall have jurisdiction over the construction, repair and maintenance of all sidewalks, approaches and street driveways abutting any of the streets, highways, alleys and public places in the City and shall have power to make rules and regulations with respect thereto, relating to materials, grade, location, manner and method of construction, dimensions and all other matters in connection therewith not inconsistent with the provisions of this section 2. [Duty of owner. The owner of lands abutting any such street, highway, alley or other public place in the City shall construct, repair and maintain the sidewalks, approaches or street driveways adjoining his lands and shall keep the same in a safe state of repair and free from defects and free and clear of and from snow, ice and all other obstructions. Such owner shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk and keep it free from defects or to remove snow, ice or other obstructions therefrom or for a violation or nonobservance of any ordinance or regulation relating to making, maintaining and repairing sidewalks and keeping them free from defects and the removal of snow, ice and other obstructions from sidewalks, approaches and street driveways. ] The Board of Public Works shall have the power to make rules and regulations regarding the removal of ice, snow, and other obstructions from sidewalks and to require the area if any, between the sidewalk and curb to be kept in a safe condition and the grass on such area, if any, to be properly mowed. [3. Conformity with rules required; expense. The construction and repair of such sidewalks, approaches and street driveways shall be only upon application, in writing, to the Superintendent of Public Works, without expense to the City and in conformity with the rules and regulations of the Board. 4. Order to owner. The Board of Public Works, after a public hearing upon not less than five days’ notice, given personally or by mail or by publication in the official newspaper, may require the owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such sidewalk, approach or street driveway in conformity with its rules and regulations relating thereto and shall fix a reasonable time within which such construction or repair shall be completed. Upon the failure of the owner to complete such construction or repair within the time limit, the Board of Public Works may cause such sidewalk, approach or street driveway to be constructed or repaired, either by contract or by the Department of Public Works, at the expense of the owner, to be collected as set forth in Subsection D.] B. Duties of Owner 1. The owner of lands abutting any such street, highway, alley or other public place in the City shall construct, repair and maintain the sidewalks, approaches or street driveways adjoining such lands and shall keep the same in a safe state of repair and free from defects and free and clear of and from snow, ice and all other obstructions, and the area, if any, between the sidewalk and curb in a safe condition and the grass July 2, 2008 8 thereon, if any, properly mowed. Such owner shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk and keep it free from defects, snow, ice or other obstructions. Such owner shall also be liable for any violation or nonobservance of any ordinance or regulation relating to making, maintaining and repairing sidewalks, keeping them free from defects and removing snow, ice and other obstructions therefrom. Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities hereunder. 2. The construction and repair of such sidewalks, approaches, and street driveways shall be only upon application, in writing, to the Superintendent of Public Works, without expense to the City and in conformity with the rules and regulations of the Board. [C. Removal of snow, ice and other obstructions 1. Duty of owner. The owner of lands adjoining any sidewalk shall keep the same free of ice, snow and other obstructions and the area, if any, between the sidewalk and curb in a safe condition and the grass thereon, if any, properly mowed. Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his/her primary duties and liabilities hereunder. 2. Authority of Board. The Board of Public Works shall have power to make rules and regulations further defining the duties hereby imposed and the manner and time of their performance. Upon the failure of any owner to perform the duties imposed by this section or by such rules and regulations of the Board, the Board of Public Works may cause the removal of ice, snow or other obstruction from such sidewalk and may cause the area between the sidewalk and curb to be rendered in a safe condition and the grass thereon mowed, at the expense of the owner.] C. Failure to Comply 1. The Superintendent of Public Works, after notice, given personally or by mail, may require the owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such sidewalk, approach or street driveway in conformity with rules and regulations of the Board of Public Works. In such notice the Superintendent shall fix a reasonable deadline for the completion of such work, which deadline shall not be less then 60 days after the date of the notice. Upon the failure of the owner to complete such construction or repair within the time limit, the Superintendent of Public Works may cause such sidewalk, approach or street driveway to be constructed or repaired, either by contract or by the Department of Public Works, at the expense of the owner, to be collected as set forth in Subsection E. 2. Nothing within this section shall prevent the Superintendent of Public Works from demanding or causing the immediate repair or replacement of sidewalk, approach or street driveway if the failure to immediately repair or replace such sidewalk poses a significant public health or safety risk. 3. The Superintendent of Public Works may cause the removal of ice, snow or other obstruction from such sidewalk and may cause the area between the sidewalk and curb to be rendered in a safe condition and the grass thereon mowed, at the expense of the owner. D. Uniform Sidewalk Improvements; Construction of New Sidewalks on a Street or Part Thereof 1. On petition of interested property owners [for a uniform sidewalk improvement in a street] or on its own motion, the Board of Public Works may direct that new sidewalks and street driveways be laid on any street or part thereof pursuant to plans and specifications [thereof] prepared and adopted by it. Before determining to make such improvement, the Board shall hold a public hearing upon on such proposed improvement [after giving notice to the adjoining owners in the manner set forth in Subsection A(4).] upon not less than five days’ notice, given personally or by mail or by July 2, 2008 9 publication in the official newspaper. After such public hearing, the Board may determine to make such improvement, either by contract or by delegation to the property owner(s), or by the City, under the direction of the Superintendent of Public Works E. Assessments for sidewalk improvements 1. [Determination; apportionment of cost.] The determination of cost, apportionment and assessment of any sidewalk improvement carried out pursuant to Subsections C or D herein [under Subsection B C or D] shall be governed by the provisions relating to improvement assessments (in Section C-89 of the Charter), except that the entire cost thereof shall be deemed to benefit the adjoining owners. 2. [Collection of expense. Any expense incurred by the Board pursuant to the provisions of Subsections A and C shall be collected in the following manner: The Superintendent of Public Works shall report to the Board the expense incurred in behalf of each owner. The Board thereupon shall review the same and, if found to be correct, shall so certify to the Superintendent of Public Works, who shall forthwith mail to the owner at the address appearing upon the tax roll a notice of assessment stating the date the expense was incurred, the nature thereof and the cost, together with a penalty of 25% thereon. The owner may protest such assessment within 30 days of the date of such notice either by personal appearance at a regular meeting of the Board or by a written protest filed with the Superintendent of Public Works. The Board shall thereupon review such assessment and make such adjustment thereon as it may determine just and equitable, whereupon such assessment shall become final. The Board shall, upon finalizing such assessments, request Common Council to direct the City Chamberlain to collect such assessments under such terms and conditions as Council may determine.] Any expense incurred by the City pursuant to the provisions of this section shall be billed to the property owner, together with an overhead fee of 25%. The bill shall be payable to the City Chamberlain within 30 days of the billing date, or upon written request to the City Chamberlain within 30 days of the billing date, shall be payable in no more than five annual installments. If any bill or annual installment is not paid by November 1st of each year, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the city of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalties as the general City tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue on any unpaid balance from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater. [3. Not later than the first day of December in each year, the Chamberlain shall certify to the Common Council the amount of each assessment or annual installment payment as authorized in the original assessment warrant, including accrued interest, remaining unpaid at the end of October, and the Common Council shall thereupon direct the inclusion thereof in the City Tax for the next year, to be collected in the same manner and subject to the same penalties and procedures as the City tax.] 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. July 2, 2008 10 City Attorney Hoffman explained that he was informed after the City Administration committee meeting that there were concerns about subsection E. He stated that he re- wrote portions of Section C(1) and Sections E(1) and (2) but doesn’t believe that these are substantive changes. The language in these sections has simply been re-arranged and clarified. Amending Resolution: By Alderperson Myrick: Seconded by Alderperson Schuler RESOLVED, That Section C(1) and Sections E(1) and (2) be amended to read as follows: “C. Failure to Comply 1. The Superintendent of Public Works, by notice, given personally or by mail, may require the owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such sidewalk, approach or street driveway in conformity with rules and regulations of the Board of Public Works. In such notice the Superintendent shall fix a reasonable deadline for the completion of such work, which deadline shall not be less than 60 days after the date of the notice. Upon the failure of the owner to complete such construction or repair within the time limit, the Superintendent of Public Works may cause such sidewalk, approach or street driveway to be constructed or repaired, either by contract or by the Department of Public Works, at the expense of the owner, to be collected as set forth in Subsection E.” “E. Assessments for sidewalk improvements 1. Any expense incurred by the City pursuant to the provisions of this section shall be billed to the property owner, together with an overhead fee of 25%. The bill shall be payable to the City Chamberlain within 30 days of the billing date, or upon written request to the City Chamberlain within 30 days of the billing date, shall be payable in no more than five annual installments. If any bill or annual installment is not paid by November 1st of each year, the City Chamberlain shall enter the same as a lien against the premises as provided in § C-54 of the Charter of the city of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the same proceedings, at the same time and with the same penalties as the general City tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue on any unpaid balance from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater. 2. The collection and enforcement of the assessment for any sidewalk improvement carried out pursuant to Subsections C or D herein shall be governed by the provisions relating to improvement assessments (in Section C-53 of the Charter).” Discussion followed on the floor regarding who pays for sidewalk improvements and the Board of Public Works role in establishing regulations. 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 11.2 A Local Law to Amend Section 348-48 Entitled “Rates and Rents Established” and Section 348-49 Entitled “Terms of Payment” of Chapter 348 of the City of Ithaca Municipal Code Pursuant to a recommendation by the Board of Public Works By Alderperson Coles: Seconded by Alderperson Zumoff Local Law – 2008 BE IT ENACTED by the Common Council of the City of Ithaca as follows: July 2, 2008 11 Section 1: § 348-48. Rates and rents established [Pursuant to the authority contained in §§ C-66 and C-67 of the Ithaca City Charter, the Board of Public Works does hereby fix and establish water rates and sewer rents as follows: A. Rate inside city (minimum charge per quarter): Meter Size (inches) Cubic Feet Allowed Water Sewer Total Charges Small 1,200 $10.80 $10.80 $ 21.60 1 3,200 $28.80 $28.80 $57.60 1 ½ 5,500 $49.50 $49.50 $99.00 2 11,200 $100.80 $100.80 $201.60 3 16,000 $144.00 $144.00 $288.00 4 24,100 $216.90 $216.90 $433.80 6 42,100 $378.90 $378.90 $757.80 Rate per 100 cubic feet $1.40 $1.62 B. Rate outside city (minimum charge per quarter): Meter Size (inches) Cubic Feet Allowed Water Small 1,200 $ 16.20 1 3,200 $40.20 1 1/2 5,500 $67.80 2 11,200 $133.80 3 16,000 $181.80 4 24,100 $262.80 6 42,100 $442.80 First 1,200 cubic feet, per 100 cubic feet $1.75 Next 8,800 cubic feet, per 100 cubic feet $1.20 Over 10,000 cubic feet, per 100 cubic feet $1.00] A. Pursuant to the authority contained in §§ C-66 and C-67 of the Ithaca City Charter the Board of Public Works shall from time to time by resolution set water and sewer rates to meet budgeted revenue projections. B. Minimum water and sewer bills shall be determined by applying the established water and sewer rates to the corresponding cubic feet allowed based on meter size, as defined below: Meter Size (Inches) Cubic Feet Allowed Small 1200 1 3200 1 ½ 5500 2 11200 3 16000 4 24100 6 42100 July 2, 2008 12 C. [Unmetered sprinkler service charges: $6 per inch diameter per quarter for each sprinkler service line greater than one inch in diameter.] Water supplied outside the City of Ithaca shall be billed at 125% of the established rate for water within the City. D. [Unmetered water for circuses and carnivals (suitable connections to hydrants shall be made by the Water and Sewer Division): $50 per day or fraction thereof.] The Board of Public Works shall from time to time by resolution set rates for other water and sewer related services, such as but not limited to unmetered sprinkler service, unmetered water provided via suitable connections to hydrants, bulk metered water for filling spray rigs, tank trucks etc., readings and or bills requested on other than regular reading or billing dates, curb stop shut-off or meter removal, and duplicate bills. [E. Bulk water for filling spray rigs, tank trucks, etc., is available at the Water Building, 510 First Street, at $20 per load up to 500 gallons, plus $10 per thousand over 500 gallons, cash on delivery.] § 348-49 Terms of payment A. Meters will be read at least quarterly. B. [Bills which are not paid on or before the 15th of the month in which the charge is made will be subject to a ten-percent penalty. The Board of Public Works extends the grace period to 20 days without penalty for all water and sewer bills over $10,000.] Bills shall be issued and penalties assessed in accordance with § C-54 of the Ithaca City Charter. C. Failure to receive the bill shall be no reason for an extension of the period. D. [A charge of $15 is made for removing and resetting meters and turning the water off and on.] A fee as established by Board of Public Works resolution will be assessed for removing and resetting meters and turning the water off and on. E. Meters up to and including one inch will be tested upon application of the consumer and the making of a deposit [of $30] as established by Board of Public Works resolution. If the meter shall test no more than 3% fast on full or half flow, the deposit is to be forfeited to the city. If the meter tests more than 3% fast, a proportionate allowance will be made on all bills no more than six months old and the deposit returned to the consumer. F. Whenever the Meter Department shall determine that, in its opinion, a meter is not registering properly, it shall be removed and calibrated or replaced by a new meter. This shall apply to all meters through which city water is furnished, whether owned by the city or the consumer. Meters must be installed in places easily accessible at all reasonable times for reading and inspection G. Whenever bills for water are more than 60 days past due, the meter may be removed and the water turned off. H. After a meter is attached, any damage which the meter may sustain from freezing or from hot water being forced back through the meter or from any external cause will be repaired by the Meter Department and the cost of the same charged to the owner or agent I. If meters need attention, the Meter Department must be notified at once. Plumbers are not allowed to remove meters for repairs or any other purpose. All persons are forbidden to break meter seals, disconnect or in any way tamper with meters after they have been installed on the premises. J. Water bills are due as follows: (1) Zone 1: February 1, May 1, August 1 and November 1 (2) Zone 2: March 1, June 1, September 1 and December 1 July 2, 2008 13 (3) Zone 3: January 1, April 1, July 1 and October 1 K. [The rate structure for the installation of three-fourths-inch and one-inch water service lines is raised to $18 per linear foot; and the estimated cost of the street patch, based on current city rates for street patching, shall be added to the billing.] The cost for the installation of water service lines and or sewer laterals shall be billed to the owner of the property, and bills shall be issued and penalties assessed in accordance with § C-54 of the Ithaca City Charter, except that the penalty for bills not paid within 30 days shall be the greater of 12% per annum or $3 per month. If the service lines or laterals are installed at the request of someone other than the property owner, or if the property is not within the City of Ithaca, a deposit sufficient to cover the estimated cost of the installation shall be collected prior to commencement of work. L. [The rates for the installation of four-inch sewer laterals are raised to $15 per linear foot.] A fee as established by Board of Public Works resolution shall be assessed for a request to read a meter and/or produce a bill at a time other than the regularly scheduled reading and/or billing. M [A charge of $25 will be assessed for a request to read a meter and/or produce a bill at a time other than the regularly scheduled reading and/or billing.] 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, with the exception of the changes outlined in Section 348-49 B. which shall become effective with the first billing under the new Automated Meter Reading system, but not later than December 31, 2008. Alderperson Coles explained that the intention of this law is to adjust water rates by Board of Public Works Resolution as opposed to amendments to the City Code. She noted that this legislation also extends the payment grace period from 15 days to 30 days. A vote on the Local Law resulted as follows: Carried Unanimously 11.3 Common Council – Adoption of the 2009 Pegasys Budget - Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio, and WHEREAS, the total capital budget for the life of the ten-year agreement was estimated to be $200,000, and WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement, and WHEREAS, the Access Oversight Committee has approved a 2009 capital budget in the amount of $19,800, and WHEREAS, the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now, therefore be it July 2, 2008 14 RESOLVED, That Common Council adopts the 2009 PEG Access Studio budget as approved by the Access Oversight Committee. Alderperson Dotson explained that the Cable Access Oversight Committee carefully reviews these budgets to ensure that funds are used effectively. Discussion followed on the floor regarding the funds targeted for school district equipment, and the in-kind services the school district provides. Alderperson Rosario stated that he supports the public access programming and believes it is essential to the community; however, he is still waiting for answers from the Access Oversight Committee on budget related questions such as was comparative shopping done on any of the equipment that will be purchased. Alderperson Dotson explained that the Studio Manager develops the budget and in general does do comparative shopping while also providing a vision for future needs. A Vote on the Resolution resulted as follows: Ayes (7) Dotson, Coles, Clairborne, Tomlan, Zumoff, Myrick, Schuler Nays (1) Rosario Abstentions (0) Carried 11.4 Department of Public Works - Request to Authorize Two Transportation Enhancement Program Applications - Resolution By Alderperson Coles: Seconded by Alderperson Dotson WHEREAS, the block of Cornell Street north of East State Street, the intersection of East State Street, Giles Street and Cornell Street, and the length of Giles Street from East State Street to the entrance to the Wildflower Preserve all are in significant need of pedestrian facilities, and WHEREAS, residents of Giles Street have petitioned the Board of Public Works for traffic calming and pedestrian facilities along Giles Street for two years, and WHEREAS, pedestrian facilities in these areas would serve families walking children to Belle Sherman Elementary School, people walking to the Six Mile Creek Gorge, the residents of the area, and the general public, and WHEREAS, these sidewalks and intersection pedestrian improvements are expected to have a total project cost of approximately $1,500,000, and WHEREAS, the Columbia Street Pedestrian Bridge over Six Mile Creek is in serious need of rehabilitation, and presents a number of potential bridge and site enhancements, and WHEREAS, rehabilitation of the bridge is expected to have a total project cost of $800,000 to $1,500,000 depending on the level of enhancement, and WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Enhancement Program, a reimbursement program wherein the federal-aid share of the total project cost is 80%, and WHEREAS, Cornell University has included these two projects in the Cornell/Community Transportation Investment Initiative with a Cornell contribution of $50,000 for Cornell/Giles Street sidewalks and $100,000 for the Columbia Street Pedestrian Bridge, and WHEREAS, on June 11, 2008, the Board of Public Works unanimously recommended that Common Council authorize and direct the Mayor to submit applications for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Enhancement Program for both of the abovementioned projects, July 2, 2008 15 in a amount to be determined by Common Council upon the recommendation of the Office of the City Engineer, and WHEREAS, at that meeting, the Board of Public Works clearly stated that they felt the Columbia Street Pedestrian Bridge project should have a priority over the Giles/Cornell Street sidewalks project, and WHEREAS, Common Council is interested in having the City of Ithaca apply for Transportation Enhancement Program grants in order to design and construct improved pedestrian facilities on Cornell and Giles Streets and to rehabilitate and enhance the Columbia Street Pedestrian Bridge; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit two (2) applications for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Enhancement Program, in a amount not to exceed $1,500,000 for each project, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection for a project to rehabilitate and enhance the Columbia Street Pedestrian Bridge over Six Mile Creek and a project to improve pedestrian facilities on the abovementioned sections of Cornell and Giles Streets, and be it further RESOLVED, That of the two projects to be submitted, the Columbia Street Pedestrian Bridge project is the priority of Common Council, and be it further RESOLVED, That Common Council hereby establishes Capital Project #743, Columbia Street Pedestrian Bridge Rehabilitation, in an amount not to exceed $180,000, with the understanding that the design costs will not be reimbursable through the TEP, and be it further RESOLVED, That the funding for said Capital Project for the Pedestrian Bridge derived from Capital Reserve Fund #4 Bridges or from the issuance of Serial Bonds. Alderperson Coles stated that the City needs to develop objective criteria upon which to assess priorities for building sidewalks. These criteria should be considerations such as the presence of a school, the number of dwellings, the presence of affordable dwellings, and actual pedestrian counts. Alderperson Schuler stated that if the City had to prioritize (which she found troubling) the support for this sidewalk or the repair of the bridge) that she does see a strong need for the access to and from East and South Hills by pedestrians and cyclists but certainly the safety of children walking to and from school would rate as needed to be addressed first. She was troubled that the sidewalk issue hadn’t been addressed earlier since it has been under discussion for a few years. Mayor Peterson explained that a hole has developed in the bridge creating an emergency situation. Superintendent of Public Works Gray explained that staff tried to submit a multi- jurisdictional project including sidewalks near many elementary schools, but were told that project would not be supported. Alderperson Rosario questioned what criteria was used to prioritize and wondered if that system needed to be clarified to avoid the conflict. Mayor Peterson stated that the City should prioritize projects before grant application notifications are received and general policy guidance should be developed as well, for example, existing infrastructure versus new infrastructure. Alderperson Tomlan stated that she agrees that criteria should be developed before the list of requested sidewalks is reviewed. She explained that the need for sidewalks on Cornell Street and Giles Street has been in discussion for three years. July 2, 2008 16 Alderperson Coles explained that both projects have received a large amount of support. The priority of the Columbia Street bridge was determined by the Board of Public Works and Common Council as it is an existing piece of infrastructure used by hundreds of people per day to travel to East Hill from South Hill or vice versa. (She stated that she is not clear why the Giles Street and Cornell Street sidewalks should take priority over other requests for sidewalks in the City). Alderperson Clairborne stated that Council is in a difficult situation to prioritize pedestrian safety versus bridge safety (also a pedestrian safety issue). A Vote on the Resolution resulted as follows: Carried Unanimously 11.5 A Resolution Authorizing the Issuance of $4,429,950 Additional Serial Bonds of the City of Ithaca, Tompkins County, New York to Pay the Additional Cost of Certain Capital Improvements In and For Said City By Alderperson Coles: Seconded by Alderperson Clairborne BOND RESOLUTION DATED JULY 2, 2008 (Multi-Purpose) WHEREAS, all conditions precedent to the financing of certain capital improvements hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; 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 purpose of paying the additional cost of certain capital improvements, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $4,429,950 additional bonds of said City, as allocated in Section 2 hereof, pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of each object of purpose outlined below and their plan for the financing thereof is as follows: a) For the purpose of paying the cost of the construction of a dock at Stewart Park, in and for said City, including incidental improvements and equipment and expenses in connection thereto, a class of objects or purposes with a period of probable usefulness of 15 years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, $56,000 additional bonds are herein authorized in addition to the $40,000 bonds previously authorized by a bond resolution dated and duly adopted on December 6, 2006. New maximum estimated cost: $96,000. b) For the purpose of paying the cost of the construction of a new cold storage facility for water and sewer facilities, in and for said City, including incidental improvements, equipment and expenses, a specific object or purpose with a period of probable usefulness of 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, $58,000 additional bonds are herein authorized in addition to the $190,000 bonds previously authorized by a bond resolution dated and duly adopted on December 6, 2006. New maximum estimated cost: $248,000. c) For the purpose of paying the purchase of a pumper fire-fighting vehicle, for said City, including incidental expenses in connection therewith. a specific object or purpose with a period of probable usefulness of 20 years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, $170,000 additional bonds are herein authorized in addition to the $460,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $630,000. d) For the purpose of paying the cost of the emergency facility reconstruction at the GIAC Building, in and for said City, including concrete structure improvements, door July 2, 2008 17 replacements, boiler replacement, and incidental improvements, equipment and expenses, a specific object or purpose with a period of probable usefulness of 25 years pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, $4,000,000 additional bonds are herein authorized in addition to the aggregate $506,000 bonds previously authorized by bond resolutions dated and duly adopted on December 5, 2007 and August 4, 2006, provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. New maximum estimated cost: $4,506,000. e) For the purpose of paying the cost of the Ithaca Area Wastewater Treatment Plant improvements, in and for said City, including roof repairs, brick repairs, concrete repairs, structural repairs, concrete deck waterproofing, and other incidental expenses, a specific object or purpose with a period of probable usefulness of 40 years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, $130,950 additional bonds are herein authorized in addition to the $1,300,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $1,430,950. f) For the purpose of paying the cost of the Collegetown new urban plan and design, in and for said City, a specific object or purpose with a period of probable usefulness of 5 years pursuant to subdivision 62nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law, $15,000 additional bonds are herein authorized in addition to the $75,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $90,000. 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 bonds 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 bonds 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 bonds as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Controller, the chief fiscal officer of such City. 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 51.00 of the Local Finance Law, as the City Controller shall determine consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. July 2, 2008 18 Section 7. 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 8. 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 9. This resolution, which takes effect immediately, shall be published in summary in the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles VOTING AYE Alderperson Dotson VOTING AYE Alderperson Clairborne VOTING AYE Alderperson Rosario VOTING AYE Alderperson Tomlan VOTING AYE Alderperson Zumoff VOTING AYE Alderperson Myrick VOTING AYE Alderperson Schuler VOTING AYE Alderperson Cogan ABSENT Alderperson Korherr ABSENT Carried Unanimously 11.6 A Resolution Authorizing the Issuance of $781,000 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 Dotson BOND RESOLUTION DATED JULY 2, 2008 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: July 2, 2008 19 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 $781,000 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) Preparation of City Comprehensive Plan, in and for said City, at a maximum estimated cost of $200,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $200,000 bonds of the $781,000 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 five years, pursuant to subdivision 62nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law; b) Southwest urban neighborhood planning and design project (2008 Phase), in and for said City, including incidental expenses, at a maximum estimated cost of $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 $781,000 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 62nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law; and c) Pedestrian and traffic safety improvements to intersections of Hector, Floral and Elm Streets, in and for said City, at a maximum estimated cost of $250,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $250,000 bonds of the $781,000 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 24 of paragraph a of Section 11.00 of the Local Finance Law. d) Security improvements to various City facilities in and for said City at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such class of object or purpose shall consist of the issuance of $51,000 bonds of the $781,000 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 purpose is 5 years, pursuant to subdivision 32 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 $781,000, and the plan for the financing thereof is by the issuance of the $781,000 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. July 2, 2008 20 Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. 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 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. 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 8. 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 9. This resolution, which takes effect immediately, shall be published in 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. July 2, 2008 21 The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Alderperson Coles explained that these items are all capital projects that have been previously approved. She noted that the pedestrian improvement project would be 100% reimbursed by State funding. Alderperson Zumoff stated that he would not support the Resolution as he is opposed to Item a in Section 1 (Comprehensive Plan) as he believes it is far too much money to spend on the project for the anticipated benefit to be derived. Alderperson Rosario commented that Item B was a good example of the city retiring debt when new debt is being added and stated that he would like Common Council to consider off-setting this debt with debt that is on the books for the Taughannock Boulevard project. Mayor Peterson explained that the debt for Item B would be offset by the West End Parking project. A vote on the Resolution resulted as follows: Alderperson Coles VOTING AYE Alderperson Dotson VOTING AYE Alderperson Clairborne VOTING AYE Alderperson Rosario VOTING AYE Alderperson Tomlan VOTING AYE Alderperson Zumoff VOTING NAY Alderperson Myrick VOTING AYE Alderperson Schuler VOTING AYE Alderperson Cogan VOTING ABSENT Alderperson Korherr VOTING ABSENT Carried 11.7 Finance/Controller’s Office - Approval of 2006 Single Audit Report - Resolution By Alderperson Coles: Seconded by Alderperson Clairborne RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2006 through December 31, 2006 prepared by the accounting firm of Ciaschi, Dietershagen, Little and Mickelson & Company, LLP be accepted to comply with all of the City’s applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. Carried Unanimously 11.8 Report of City Controller: City Controller Thayer reported to Council on the following items:  2009 budget guidelines have been distributed and department budgets are due August 1st.  2009 will be a challenging year due to lower Bldg. Dept. permit fee revenue, higher fuel costs, higher health insurance costs, etc., and the lagging economy  City was re-rated by Moody’s and Maintained A1 rating  2009 Capital Project submittals – $6 million of projects were submitted but the goal is to approve $2 million of funding  June sales tax collections were 6.7% increase over last year ($280,000) Discussion followed on the floor regarding the Mayor’s budget guidelines, State aid projections, and the 2009 tax levy. July 2, 2008 22 MAYOR’S APPOINTMENTS: 15.1 Conservation Advisory Council: By Alderperson Rosario: Seconded by Alderperson Myrick RESOLVED, That Govind Acharya be appointed to the Conservation Advisory Council to fill a vacancy with a term to expire December 31, 2010. Carried 7-0 (Alderperson Tomlan absent from vote) MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the June 4, 2008 Regular Common Council Meeting Minutes – Resolution By Alderperson Zumoff: Seconded by Alderperson Myrick RESOLVED, That the minutes of the June 4, 2008 Regular Common Council meeting be approved with noted corrections. Carried 7-0 (Alderperson Tomlan absent from vote) ADJOURNMENT: On a motion the meeting adjourned at 9:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Carolyn K. Peterson, City Clerk Mayor