HomeMy WebLinkAboutMN-CC-2009-07-01COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. July 1, 2009
PRESENT:
Acting Mayor Cogan
Alderpersons (8) Coles, Dotson, Rosario, Clairborne, Tomlan, Zumoff, Myrick,
Korherr
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Hoffman
City Controller – Thayer
Deputy Community Development Director – Kittel
City Chamberlain – Parsons
Building Commissioner – Radke
Superintendent of Public Works - Gray
EXCUSED:
Mayor Peterson
Alderperson Schuler
PLEDGE OF ALLEGIANCE:
City Clerk Holcomb led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
City Administration Committee:
Alderperson Coles requested the addition of Item 11.2.1 – Approval of City Participation
in the Greater Tompkins County Municipal Health Insurance Consortium – Resolution.
Alderperson Coles explained that this Resolution was passed by the City Administration
Committee but it was inadvertently left off of the Council agenda.
Alderperson Coles further requested the deletion of Consent Agenda Item 8.2 – DPW –
Approval of Contested 2005 Sidewalk Assessments – Group 1 of 2 – Resolution as
there are still outstanding questions.
No Council member objected.
Planning & Economic Development Committee:
Alderperson Dotson requested the deletion of Items 10.2 and 10.3 regarding the
Adoption of the 2009 Collegetown Urban Plan and Conceptual Design Guidelines as
Recommended by the Planning and Development Board to Common Council.
Alderperson Dotson explained that a few Council members expressed concern
regarding unanswered questions that need to be addressed. Mayor Peterson has
concurred that these items should be withdrawn from the agenda at this time.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing on the Proposed New Lease for the Hangar Theater
Resolution to Open Public Hearing:
By Alderperson Coles: Seconded by Alderperson Clairborne
RESOLVED, That the Public Hearing on the proposed new lease for the Hangar
Theater be declared open.
Carried Unanimously
Mary Kane Trochim, President of the Hangar Theater Board, extended her thanks to
Common Council for their support and hard work on the Hangar Theater Lease.
Joel Harlan, Town of Newfield, suggested that the Hangar Theater move to the new
Ithaca College Sports Center in order to accommodate larger productions.
July 1, 2009
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Resolution to Close Public Hearing:
By Alderperson Coles: Seconded by Alderperson Rosario
RESOLVED, That the Public Hearing on the proposed new lease for the Hangar
Theater be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Tompkins County Legislature
Nathan Shinagawa, 4th District Representative of the Tompkins County Legislature
reported on the following items:
Health Care Consortium – the Tompkins County Legislature recently adopted the
Resolution approving County participation in the Greater Tompkins County Municipal
Health Insurance Consortium. He stated that he believes this initiative will save money,
make government more efficient, and improve inter-municipal cooperation. He noted
that the health insurance premium money stays local, and the administrative costs of
the program are lower than current costs.
Performance Evaluation Process – the Legislature is undertaking performance
evaluations for their direct reports (ie: County Administrator, Finance Director, Clerk of
the Legislature).
Continental Airlines will continue to fly out of the Tompkins Regional Airport.
The TC3 budget was passed by the Tompkins County Legislature with a 3% increase.
The County Legislature has directed County departments to submit 2010 budget
requests that reduce spending by 6.25%, which equals $2.4 million in savings. This
would allow the County to meet their goal of a 3% increase in the tax levy.
The disruption in the New York State Senate has caused a delay in passage of critical
legislation, including the Tompkins County sales tax extension.
Legislator Shinagawa urged Common Council’s support for the additional funding
needed for the GIAC renovation project.
Town of Ithaca
Bill Goodman, Town of Ithaca Board Member, reported that Town committees are
working on the following projects:
A Stream Set-back Law to improve water quality
Sign Ordinance revisions
Drainage work in the northeast section of the Town
Building moratorium extension on West Hill
Review of the Route 96 Corridor Study in relation to West Hill development
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following members of the public addressed Common Council:
Fay Gougakis, City of Ithaca: Ithaca College off-campus housing and the Ithaca Journal
Letter to the Editor on June 29, 2009 written by Bill Olney; landlords who discriminate
against community members; and safety concerns regarding the bicycle lanes on Green
Street.
Joan Lawrence, City of Ithaca: water source option questions and concerns regarding
Bolton Point. She feels strongly that the City should re-build on the existing plant site.
Audrey Cooper, GIAC Board of Directors: urged support for the additional funds needed
for the GIAC renovation project; urged support for the continuation of the Congo Square
Market.
Ramish McBride, Employee of the Congo Square Market: extended an invitation to
Council members to attend the market on Friday evenings. He stated that the market
brings positive energy to the Southside Community Center.
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Jhakeem Haltom, Founder of the Congo Square Market: extended his thanks to
Common Council and the community for their support for the market.
Anne Clavel, City of Ithaca: urged Common Council not to adopt the Collegetown Plan.
She noted that Collegetown is an important segment of the City and more studies are
needed regarding student vehicles, parking, and the impacts to downtown.
Fran Helmstadter, City of Ithaca: stated that the Collegetown Plan is not ready to be
adopted as more studies are needed regarding student behaviors and the impact on
surrounding areas.
Ellen McCollister, City of Ithaca: urged Council not to adopt the Collegetown Plan at this
point. She stated that she is in support of many aspects of the plan but still has many
concerns regarding density, traffic mitigation studies, and zoning regulations that are not
in place.
Theresa Lyczko, City of Ithaca: voiced concerns regarding the Collegetown Plan,
specifically regarding the Dryden Road area, transportation issues and cars in
Collegetown, and fear that the plan will result in a lack of diversity in the neighborhood.
Liz Karabinakis, City of Ithaca: voiced support for the additional funding for the GIAC
renovation project and the Congo Square Market Lease.
Wayne Woodward, Town of Newfield/City Property Owner: voiced concerns regarding
the Ithaca College housing plans and the proposed fee increases for housing
inspections and certificates of compliance.
Warren Schlesinger, Town of Ithaca: urged support for additional funding for the GIAC
renovation project.
Joel Harlan, Town of Newfield: voiced support for additional funding for the GIAC
renovations and expressed concerns regarding the increase in violence across the
country.
Joanne Trutko, City of Ithaca: urged Common Council to “accept” but not “adopt” the
Collegetown Plan. She voiced concerns regarding density and transportation issues.
Betsy Darlington, City of Ithaca: voiced concern regarding the Collegetown Plan and the
proposed increase in density on Dryden Road.
Susan Blumenthal, City of Ithaca: questioned the reason given for withdrawing the vote
on the Collegetown Plan from the agenda. She noted that 8 Council members were at
the Planning Committee meeting and that these discussions have been ongoing for a
number of years.
Joe Quigley, Town of Lansing/City Landlord: voiced his opposition for the proposed fee
structure for certificates of compliance.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson Myrick responded to comments made regarding the Collegetown Plan and
expressed his frustration over the lack of energy and a good faith effort to find
compromises and solutions to the unresolved issues. He stated that the City needs to
direct the development that will occur in Collegetown.
Alderperson Zumoff responded to comments made by Mr. Harlan and explained that the
Hangar Theater is one of Ithaca’s professional theaters and that is why the City is voting
to extend the lease, so that they can make the needed upgrades and renovations to the
building.
Alderperson Korherr thanked the speakers for coming to the meeting. She noted that
she recently toured a city in New York that had broken down youth facilities, and voiced
her support for the GIAC renovations. She extended her congratulations to all the High
School graduates, especially the Ithaca High School graduates, including Jessie
Korherr. Alderperson Korherr further thanked Ms. Lawrence for her comments
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regarding the water source options and urged more residents to share their thoughts on
this issue.
Alderperson Coles noted that she would reserve her comments about the Collegetown
Plan until it is under consideration; however, she voiced her concern regarding the
lateness of the item being withdrawn from the agenda.
Alderperson Tomlan thanked all of the speakers. She noted that she was not aware
that the Collegetown Plan was going to be withdrawn from the agenda; however, she
continues to have a long list of questions that have not been answered. She noted the
amount of time and money has been expended on this issue and the concerns that exist
regarding adopting the Plan as part of the Comprehensive Plan.
Alderperson Dotson apologized to the public and Council members for the late
notification of the withdrawal of the Collegetown Plan from the agenda. She noted that
she has been involved in many long conversations recently and determined that the
Planning Committee and staff needed to take a little extra time to make sure the Plan
would be a workable document.
Alderperson Clairborne thanked all of the speakers. He stated that there are very few
answers that everyone will agree on regarding the Collegetown Plan so it is important to
hear from everyone. He expressed support for Alderperson Dotson’s decision to
withdraw the item from the agenda. Alderperson Clairborne noted the official opening of
the Wood Street basketball court last week. He further stated that Common Council
needs to hear more from the public regarding the water source issue.
Alderperson Rosario thanked the speakers and stated that he would reserve his
comments on the Collegetown Plan and water source options until they are under
consideration. He stated that his recent visit to the Congo Square Market was an
amazing experience and urged people to visit the market.
Alderperson Cogan thanked the speakers, especially the comments made about the
water source options. He noted how important it is for residents to speak out on this
issue.
City Clerk Holcomb read communications received regarding the Collegetown Plan from
Alderperson Nancy Schuler and Collegetown property owner Josh Lower.
CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Chamberlain’s Office - Request for Amendment to Personnel Roster -
Resolution
By Alderperson Zumoff: Seconded by Alderperson Korherr
WHEREAS, the Office of the Chamberlain is staffed by three (3) Customer Service
Representatives and one (1) Administrative Assistant, and
WHEREAS, in order to provide adequate counter and phone coverage, the
Administrative Assistant spends the majority of the time acting as a Customer Service
Representative; now, therefore be it
RESOLVED, That the personnel roster for the Chamberlain’s Office be amended as
follows:
Add – One (1) Customer Service Representative
Delete – One (1) Administrative Assistant
and be it further
RESOLVED, That this change shall take effect on July 6, 2009, and be it further
RESOLVED, That this personnel roster amendment shall be made within the existing
2009 authorized budget using existing personnel.
Carried Unanimously
July 1, 2009
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8.2 DPW - Approval of Contested 2005 Sidewalk Assessments – Group 1 of 2 -
Resolution
This item was withdrawn from the agenda.
8.3 Finance/Controller’s Office - Request to Approve Civil Service Agreement for
the Year 2009-2010 - Resolution
By Alderperson Zumoff: Seconded by Alderperson Korherr
RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an
agreement between the City of Ithaca and Ithaca City School District for performance of
services by the City in connection with Civil Service matters for the period July 1, 2009
to June 30, 2010 in the amount of $48,413 payable to the City of Ithaca on or before
November 1, 2009.
Carried Unanimously
LEGISLATIVE COMMITTEE:
9.1 Authorization of Revocable License to Use City Parkland for Congo Square
Market - Resolution
By Alderperson Clairborne: Seconded by Alderperson Rosario
WHEREAS, the City Attorney recently confirmed that City-owned land adjacent to the
Southside Community Center on South Plain Street (consisting of a 99-foot by 43-foot
parcel directly behind the Center building, and two parcels directly north of the Center,
formerly known as 217-19 S. Plain Street and 221 South Plain Street) was acquired as
parkland (in the 1970s) and therefore enjoys City parkland status to this day, and is
legally separate and distinct from the property leased by the City to the Southside
Community Center, Inc., pursuant to a 1987 agreement; and
WHEREAS, the Southside Community Center, in collaboration with Cornell Cooperative
Extension (through its Whole Community Program), is sponsoring a project known as
the Congo Square Market, which intends to operate a seasonal, outdoor market for
local vendors in the Southside neighborhood, in order to support the culture and history
of the area, build community spirit, bring fresh, locally-produced food and crafts into the
neighborhood, and offer a model of productive entrepreneurship to local youth and
others; and
WHEREAS, the collaborators of the Congo Square Market wish to operate the market in
a portion of the park adjacent to the Southside Community Center, for approximately
four hours at a time, one day a week, at least through September 4, 2009; and
WHEREAS, under the terms of the newly-adopted City ordinance “Use of City Real
Property” (Chapter 170 of the City Code), temporary use of City parkland (for an event
that occurs no more than four times over the course of a year) can be approved by the
Superintendent of Public Works; and
WHEREAS, the Superintendent of Public Works has granted such temporary
permission for the Congo Square Market to operate in the park adjacent to the
Southside Community Center for the maximum period authorized by the ordinance (i.e.,
four weeks, or through July 3, 2009); and
WHEREAS, extended permission to use the park for said purpose, beyond July 3, 2009,
as requested, can only be granted by Common Council, according to the ordinance;
now therefore be it
RESOLVED, That the Common Council finds that the proposed Congo Square Market,
as described by its sponsor, constitutes a recreation-related use of the park adjacent to
the Southside Community Center, which use, due to its limited duration and occupancy
of only a portion of the park, will not significantly compromise the public’s ability to enjoy
the park and in fact could enhance the overall quality of the park’s appeal and benefit to
the public; and be it further
RESOLVED, That the Common Council hereby authorizes the Mayor - upon
consultation with the appropriate Department Heads as to form and compliance with all
applicable laws, rules and regulations, and upon receipt of a properly completed
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application from the sponsor - to approve and issue a revocable license to the
Southside Community Center, permitting such sponsor to operate the proposed Congo
Square Market in a portion of the City park adjacent to the Southside Community Center
on South Plain Street, on Friday evenings through the balance of 2009, and containing
the standard terms and conditions of such a license with regard to liability insurance
coverage, indemnification of the City, handling of trash and waste, vendor conduct,
amplified sound, and other pertinent matters; and be it further
RESOLVED, That as the City has not yet established a regular fee for such seasonal
use of its parkland, and to support the market project in its initial, experimental phase,
any fee for use of City property is hereby waived for 2009.
Alderperson Clairborne explained that this extension would allow the market to operate
through the end of the year.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Approval of New Lease Between City and Center for the Arts at Ithaca, Inc.
(commonly known as the Hangar Theatre) - Resolution
By Alderperson Clairborne: Seconded by Alderperson Zumoff
WHEREAS, for at least the past 35 years, the City of Ithaca (hereinafter “City”) has
leased land and buildings to the Center for the Arts at Ithaca, Inc. (hereinafter “CAI”), a
not-for-profit organization that operates a performing arts program and theater
commonly known as the Hangar Theatre, and
WHEREAS, the current, 20-year lease with CAI, for the premises at 801 Taughannock
Boulevard, expired on or about December 31, 2008, and has been extended on a year-
to-year basis since then, and
WHEREAS, CAI wishes to enter into a new, long-term lease with the City for the
premises it has occupied, and to undertake substantial improvements to the site and the
buildings on it, at a total cost estimated at more than $3,000,000, all at CAI’s expense
(unless otherwise agreed by the City) and pursuant to such new, long-term lease, and
WHEREAS, the continued presence of CAI in the City enriches the social, cultural and
educational environment, and provides multiple benefits to the community, and
WHEREAS, the improvements proposed by CAI are sorely needed, and will enhance
CAI’s own operations and the safety and comfort of its patrons, performers and staff, as
well as the usefulness and long-term viability of the City-owned facilities, and
WHEREAS, the proposed improvements have been subject to environmental review
and site plan review, with the City’s Planning and Development Board acting as lead
agency, resulting in a negative determination of environmental impact and preliminary
and final site plan approval, and
WHEREAS, on May 6, 2009, CAI received the Board of Public Works’ consent to make
the proposed improvements to the site and its buildings (subject to certain conditions,
one of which is execution of a new lease), which consent is necessary according to the
current lease, and
WHEREAS, the City Attorney has advised that the Hangar Theatre site (formerly a part
of the Ithaca City Airport, so not acquired by the City for park purposes) has, since the
decommissioning of the airport in the 1960s, generally been treated as distinct from
neighboring park land (Cass Park and Allan H. Treman State Marine Park) and
apparently was never designated as park land, meaning that any State prohibitions on
the long-term leasing of park land, or any requirement of its alienation for this purpose,
are not applicable to this site, and
WHEREAS, pursuant to Section C-36.A (40) of the City of Ithaca Municipal Code, the
leasing of City-owned land must be for full value, and requires the approval of Common
Council (by a ¾ majority), which vote must be preceded by newspaper publication of a
notice of the proposed lease of City property (commencing at least 30 days prior to the
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vote), and which publication was duly carried out through the Ithaca Journal on May 29,
June 13, and June 25, 2009, and
WHEREAS, the Mayor appointed a team of negotiators, including members of Common
Council, the Board of Public Works and City staff, to meet with representatives of CAI to
discuss and negotiate proposed terms of a new, long-term lease between the parties,
and
WHEREAS, following several negotiation sessions, City and CAI representatives have
agreed upon proposed terms of a new lease, and
WHEREAS, a professional appraisal of the leased premises was performed in April
2009 (by Clay Burruss, of Landmark Appraisal Company), which appraisal determined
that the fair rental value of the property (as a theater, and in its “as is” condition) is
$4,000/month, and
WHEREAS, since the leased buildings are currently unheated, they cannot be used for
performances for more than 4 months/year, and have a lesser value (e.g., as unheated
storage space), for the other 8 months/year, and
WHEREAS, the proposed new lease arrangement would ensure that the City receives
full value, by (a) establishing an initial annual rental fee based on the appraised value
($4,000/month) for the 4 months per year that the building is currently usable as a
theater, plus $1,750/month for the remaining months, (b) increasing the rent by 15%
every 5 years, to take into account the effect of projected inflation, (c) including in the
lease a promise by CAI to make certain improvements (by 2010) at its expense, (d)
crediting the amount actually spent by CAI for such improvements toward the rental fee,
and (e) requiring that any shortfall in this credit (for the latter part of the lease term) be
covered either by actual rental payments (at the then-applicable rate) or by the value of
additional, mutually-agreeable improvements previously made or to be made to the
premises by CAI, and
WHEREAS, CAI wishes to undertake and complete the currently-proposed
improvements prior to its 2010 performance season, which would require the finalization
of a new lease by July 2009; now therefore be it
RESOLVED, that the Common Council hereby approves the terms of a new lease
agreement between the City of Ithaca and the Center for the Arts at Ithaca, Inc.
(commonly known as the Hangar Theatre) as outlined in the summary below (dated
6/18/09), and authorizes the Mayor, upon the advice of the City Attorney, to execute a
lease containing substantially such terms on behalf of the City.
Alderperson Clairborne and City Attorney Hoffman reviewed the provisions of the
proposed lease agreement.
Discussion followed on the floor regarding the clarification of responsibility of on-going
maintenance for the facility, rent increases, and smoking on the premises.
Alderperson Zumoff disclosed that he formerly served on the Hangar Theater Board.
A vote on the Resolution resulted as follows:
Carried Unanimously
The proposed lease is as follows:
6/18/09
Summary of Proposed Terms of New Lease Between City of Ithaca and Center
for the Arts at Ithaca, Inc. (known as the Hangar Theatre)
1. PARTIES: City of Ithaca & Center for the Arts at Ithaca, Inc.
2. LEASED PREMISES: 801 Taughannock Boulevard, in the City of Ithaca. (Same
as in 1987 Lease - Schedule A; namely, former airport hangar building, newer props
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& costume shop, and adjacent parking, circulation and yard areas.) See (new)
Schedule A to be appended to this Lease.
3. PERMITTED USES: Same as in 1987 lease (Art 3 (a)) – “for the performing arts
and promotion and stimulation of interest and learning in theater, films, music,
television, graphic arts, dance, and other appropriate uses such as conferences,
meetings, and gatherings related to the cultural and social interest of the City of
Ithaca and its surrounding area.” Add that incidental, short-term rental of part or all
of leased premises, including sale of refreshments to theater patrons, by CAI, is
permitted (subject to conditions set forth herein), and CAI may keep the proceeds of
such rental. Any such rental to a profit-making entity must be at market rate, and the
profit-making entity may not use the premises for an income-generating purpose.
[No continuation of right to wintertime use of premises by City.]
4. TERM: Initial = 25 years (1/1/2009 to 12/31/33 – i.e., replacing 1987 lease, as
extended), plus Hangar option to renew for 25 additional years (1/1/2034 to
12/31/58). Option to be exercised by delivery of written notice to City, at least 24
months prior to end of initial term. Parties agree to meet, at least 36 months prior to
end of initial term, to review lease arrangements for possible updating, for any
renewal period.
5. EARLY TERMINATION:
a. By CAI: Permitted, but on at least 3 years written notice to City.
b. By City: Only if CAI is in default and has failed to remedy the default
within the required time period, or if CAI is adjudicated a bankrupt or
subjected to assignment of its rights or interest due to foreclosure, then
City may terminate on 30 days’ notice (same as 1987 Lease).
6. RENT/APPRAISAL: Consideration will include a cash rental amount (or the
equivalent value, in the form of capital improvements to the premises), together with
CAI’s commitment to provide the artistic services described herein, which represent
a significant public benefit. Also taken into account in establishing the rental amount
is the fact that CAI is responsible for under this lease for essentially all maintenance
required for the premises, which responsibility exceeds that of a typical commercial
tenant. Initially, rent will be $30,000/year, based on fair rental value, as determined
by appraisal (“Fair Market Rental Analysis of Performing Arts Theater Located at:
701 [sic] Taughannock Blvd, Ithaca, New York, as of April 10, 2009,” prepared by
Landmark Appraisal Co., LLC, C. Clay Burruss, NYS Certified General Appraiser -
copy appended hereto as Schedule B), as well as the other benefits and factors
cited herein, which rate consists of $4,000/month for maximum time (4 months/year)
premises can now be used as a theater (due to absence of heating system), plus
$1,750/month for remaining time (8 months/year), during which it can be used only
for limited purposes such as unheated storage. Rate to be increased every 5 years,
by 15% (projected, average rate of inflation). All actual, documented expenditures
by CAI for the improvements referenced in Paragraph 7.a, below, including “soft
costs” for the assessment of building condition and the design of improvement, shall
be credited toward the total rental fee, except that such credited value shall not
include any improvement items to be retained by CAI, or any costs that do not
directly contribute to the value of the premises (such as legal fees). In the event that
the total credit is not sufficient to cover rent for the entire lease term, the uncovered
difference shall be paid by CAI either in the form of annual payments (at the then-
applicable rate), or per the value of further improvements to the premises carried out
by CAI pursuant to Paragraph 7.c, below. It is agreed that CAI shall be solely
responsible for the cost of the above-referenced appraisal.
7. IMPROVEMENTS:
a. To discharge its rental obligations hereunder, CAI promises to plan and
implement certain improvements to the leased premises. Said
improvements shall include certain core items identified as such by
agreement of the parties. Attached as Schedule C is a full list and
description of the planned improvements, with core items and other
credited items so identified. CAI to procure and pay for all necessary
permits. CAI to select, contract with, direct, supervise and compensate all
contractors, in compliance with all applicable laws, rules and regulations.
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CAI to inform City of all contractor bids, and City reserves the right to veto
any contractor deemed unqualified in City’s sole discretion. All items on
this list to be completed in a worker like manner, and by 6/30/10 (except
for any items so listed with a later completion date). Upon notice from CAI
of completion, City to inspect work for compliance with terms of this
Paragraph, and either to certify satisfactory completion for purposes of this
Lease, or to specify in writing any unsatisfactory items, which CAI shall
remedy within 45 days of receiving such notice.
b. By vote of BPW on 5/6/09, City has consented to allow CAI to undertake
the improvements listed in Schedule C, subject to CAI’s securing of any
necessary permits for such work and to certain other conditions as set
forth in the resolution.
c. Any further, proposed improvements to the buildings or to the grounds that
are part of the leased premises, by CAI, shall require the prior approval,
by resolution, of the BPW, and, if to be credited toward rent, of the
Common Council (for that purpose). Any additional building shall be used
for the purposes set forth in Paragraph 3, above.
8. RIGHT OF FIRST REFUSAL: In the event that City elects to sell the leased
premises, City shall notify CAI in writing of such decision at least 12 months prior to
any solicitation of offers or bids. City shall provide CAI with a notice and a copy of
any bona fide, full-value purchase offer it receives. CAI shall have the right to
purchase said premises by matching the terms of the highest such offer so noticed,
within 60 days of notification of said offer.
9. LESSEE’S RESPONSIBILITIES
a. CAI to maintain its status and good standing as a not-for-profit, tax exempt
corporation.
b. CAI shall offer to the public a program of performing arts entertainment
and education, including:
i. At least 32 performances per year that are open to the public (and
for which admission may be charged),
ii. Ongoing performing arts instruction and experience for children,
each year (for which a fee may be charged), and
iii. A strategy (reduced to writing, for the City’s periodic review) for
making the performing arts experience accessible and affordable
for adults and children of limited financial means.
c. CAI to be solely responsible for keeping leased premises in good repair,
and in a clean, safe, tenantable condition.
d. CAI to be solely responsible for ensuring that premises is in compliance at
all times with all applicable laws, codes and regulations (including but not
limited to Americans with Disabilities Act, and Fire & Building Code as
enforced by City), and has all required permits.
e. CAI to be solely responsible for all maintenance, repair and – as
necessary – replacement of components of the leased buildings and
grounds, including but not limited to:
i. Roof, Walls, Floor, Doors, Windows (which shall be fully secured
against leaks or entry by birds or other animal intrusions, &
protected from damage by vines).
ii. Heating and Cooling Systems
iii. Plumbing
iv. Electrical
v. Fire protection systems (e.g., fire alarms and sprinklers)
vi. Parking Areas (incl. striping on hard surfaces, and resurfacing, as
needed)
vii. Landscape (including mowing, pruning, snow removal, litter clean-
up, graffiti removal, etc)
f. Insurance & Indemnification
i. CAI to maintain liability insurance coverage upon the leased
premises, in the initial, minimum amount of $1,000,000 per
occurrence and $5 million as umbrella coverage, and shall ensure
that the City of Ithaca is named as a co-insured on such policy.
The minimum amount of required coverage shall be subject to
July 1, 2009
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reasonable, periodic adjustment by the City, upon prior written
notice to CAI of at least 6 months.
ii. CAI to maintain insurance coverage against property loss (including
damage to fixtures, personality or equipment used in conjunction
with operation of theater) by fire or other hazards, in the initial,
minimum amount of $5,000,000, and shall ensure that the City of
Ithaca is named as a co-insured on such policy. The minimum
amount of required coverage shall be subject to reasonable,
periodic adjustment by the City, upon prior written notice to CAI of
at least 6 months.
iii. CAI to provide written documentation to City that required coverage
is in place, at least annually by January 31st, or at other times upon
request.
iv. Any proceeds received through the hazards coverage shall be used
as a trust fund toward repair or reconstruction of damaged
buildings, on the premises.
v. CAI to indemnify and hold City harmless (same as in Art. 3(b) of
1987 lease – but including coverage for any CAI negligence in
making improvements to site).
10. UTILITIES: CAI to be responsible for all utilities (including water/sewer).
11. PARKING: CAI to provide adequate parking for its permitted use, on the leased
premises, and to instruct its patrons not to park on off-site lawn areas.
12. RIGHT TO INSPECT: City shall have right to inspect any part of the premises,
upon at least 48 hours notice (except that City may inspect on shorter notice when a
life safety issue is involved).
13. DEFAULT:
a. Shall consist of CAI’s:
i. Failure to make improvements as set forth in Paragraph 7.A and
listed in Schedule C (i.e., including all items designated as core
items).
ii. Failure to maintain required insurance.
iii. Failure to maintain performing arts operations as described in
Paragraph 9.B, for a period of more than one year.
iv. Failure to maintain the premises in good repair and in a safe, clean
condition, and in compliance with all applicable laws, codes or
regulations.
b. Procedure
i. City to provide CAI with written notice of defect and order to remedy
within 45 days, except that City may impose shorter period for life
safety matters.
ii. CAI’s failure to remedy within required time shall entitle City to
terminate Lease, on 60 days’ written notice.
14. SURRENDER OF PREMISES, INCLUDING PERMANENTLY FIXED
IMPROVEMENTS: Same as in 1987 Lease (Art 8), but extend definition of
“permanently fixed improvements,” that CAI cannot remove, to include any lighting
or seats listed as credited items on Schedule C (except: CAI can remove straight-
line, declining portion of such lighting or seats if it surrenders premises in fewer than
10 years; and CAI can replace credited items in the normal course of business, due
to normal wear and tear).
15. CHANGE IN TAXABLE STATUS: If Tompkins County changes current tax
exempt status of leased premises, CAI shall reimburse City for the amount of any
taxes incurred as a result, within 60 days of receipt of documentation of the levy and
amount of each such tax bill. CAI shall have the right to challenge such change,
regardless of whether City chooses to do so.
16. CONSTRUCTION OF LEASE TERMS & DISPUTE RESOLUTION: In the event
of dispute over terms of Lease, parties agree to participate in efforts at voluntary
July 1, 2009
11
dispute resolution, using the services of Community Dispute Resolution Center (of
Ithaca), or a similar organization if CDRC does not exist. If no voluntary agreement
is reached within 60 days of the commencement of such effort, parties agree to
submit the matter to binding arbitration [using standard procedure].
17. SMOKING: Smoking (except permissible stage smoking) prohibited on any part
of leased premises, including outdoor areas – except within a designated outdoor
area at least 50 feet distant from any entrance/exit to any building that has been so
approved by the City. CAI shall post No Smoking signs in outdoor areas of leased
premises and instruct its patrons as to such regulation. CAI agrees that if City
enacts restrictions on outdoor smoking in recreational areas, City may impose such
restrictions on these leased premises, consistent with the terms of this lease.
18. WAIVERS OF LIEN: Same as in 1987 Lease (Art 7), requiring CAI to include
waiver of lien as against City’s interest in premises in any contract or agreement for
labor, services, material or supplies in connection with any improvements on the
premises (etc).
19. ASSIGNMENT: Same as in 1987 Lease (Art 9), requiring City’s consent to
assign, but with CAI able to assign “ground lease” to secure payment (provided such
assignment does not entitle assignee to select new lessee without City’s consent).
20. SUBLEASING: Same as in 1987 Lease (Art 13), requiring City’s consent for
subletting, which consent shall not be unreasonably withheld. But add that
sublessee must be tax exempt, and specify that “subleasing” is not intended to refer
to short-term, incidental rental to others as described in Paragraph 3.
21. CONDEMNATION: Same as in 1987 Lease (Art 11), but clarify that City can’t
condemn and refuse to compensate CAI. In event of condemnation, CAI shall be
entitled to a declining, proportional amount of any compensation due or paid for lost
value of buildings (but not land), based on how many years of the lease term are
remaining at the time of such condemnation. (Such proportion shall decline on a
straight-line basis, such that 98% will be due if 49 years remain, 50% if 25 years
remain, 20% if 10 years remain, etc.) In any case, if, following such condemnation,
CAI fails to relocate to another theater site within the City of Ithaca and within 36
months, the rate of compensation due to CAI shall be reduced by 25% of the total
award for lost value of buildings (as adjusted for lease term years remaining).
22. NON-DISCRIMINATION: Add sexual orientation, etc, per current City practice.
23. NOTICES: Allow both parties to notify of new addresses.
24. SEVERABILITY: In event that any term, condition, clause or provision of this
agreement shall be deemed null and void, the other provisions shall remain in full
force and effect, unless a party whose rights are materially affected by the deletion
of such term or provision shall elect, within 90 days of the date of such nullification
and by written notice to the other party within such time, to declare this agreement to
be null and void in its entirety.
Lease to be binding upon the parties and their successors.
10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
10.1 HUD Entitlement Grant - Program Amendment to Fund Conway Park
Playground Improvements - Resolution
By Alderperson Dotson: Seconded by Alderperson Korherr
WHEREAS, CDBG-funded pre-K playground equipment installed at BJM elementary
school (Activity 1.4, 2001 CDBG) has been removed by the Ithaca City School District
for redevelopment of the BJM playground, and
WHEREAS, the said CDBG-funded Pre-K playground equipment is currently being
stored by the City of Ithaca, and
WHEREAS, on March 19, 2009, the original vendor and installer of the playground
equipment, Parkitects, Inc., submitted a Conway Park Playground proposal to reinstall
July 1, 2009
12
the stored playground equipment at Conway Park and further enhance the Conway
Park playground with new equipment for children ages 5-12, and
WHEREAS, as Conway Park serves a low- and moderate-income neighborhood, the
proposed Conway Park Playground Improvement project is eligible for CDBG funding,
and
WHEREAS, IURA staff projects that approximately $75,000 of CDBG funding will be
available to fund program amendments and reallocations, and
WHEREAS, $24,480 of CDBG funds from the former Pre-Construction Preparedness
Program (Project #16, 2007 CDBG) is currently unallocated, and
WHEREAS, approximately $50,000 of CDBG funds are projected to be available from
2nd year funding budgeted for the CDL Training Program (project #8, 2007 CDBG),
which program is scheduled for completion in June 2009, and
WHEREAS, the project cost exceeds $25,000 and therefore constitutes a substantial
program amendment to the Action Plan that requires a public hearing and Common
Council approval, and
WHEREAS, the Planning and Economic Development Committee reviewed this matter
at their May 20, 2009 meeting after holding a public hearing and recommended the
following; now, therefore, be it
RESOLVED, That the Common Council hereby approves a program amendment to
fund the Conway Park Playground project (2008 #14) in an amount not to exceed
$33,500, subject to final approval by the Board of Public Works and input from the
neighborhood, and be it further
RESOLVED, That funding for this project shall derive from 2007 CDBG funds originally
budgeted for the Pre-Construction Preparedness Program (Project #16, 2007 CDBG,
$24,480) and 2nd year funding of the CDL Training Program (Project #8, 2007 CDBG,
$9,020).
Amending Resolution:
By Alderperson Rosario: Seconded by Alderperson Clairborne
RESOLVED, That the following language be inserted as the 9th Whereas clause:
“WHEREAS, the Second Ward Alderpersons and the Ithaca Urban Renewal Agency
held a public meeting at the Northside Community Center on June 15, 2009 to solicit
input from the public, and”, and, be it further
RESOLVED, The last Whereas clause be amended to read as follows:
“WHEREAS, the Planning and Economic Development Committee reviewed this matter
at their June 17, 2009 meeting after holding a public hearing and recommended the
following; now, therefore, be it”.
Alderperson Rosario explained that public input was received and most of the concerns
have been addressed such as signage, playground entrances, site plan review, etc. A
progress report has been submitted to the public meeting attendees. Alderperson
Rosario extended his thanks to Deputy Community Development Director Sue Kittel for
her hard work on this project. This issue will go to the Board of Public Works next week
for consideration.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
10.2 Adoption of the 2009 Collegetown Urban Plan & Conceptual Design
Guidelines as Recommended by the Planning and Development Board to
Common Council on May 12, 2009, as an Amendment to the City’s
Comprehensive Plan – Determination of Environmental Significance - Resolution
July 1, 2009
13
This item was withdrawn from the agenda.
10.3 Adoption of the 2009 Collegetown Urban Plan & Conceptual Design
Guidelines as Recommended by the Planning and Development Board on May 12,
2009, as an Amendment to the City’s Comprehensive Plan - Resolution
This item was withdrawn from the agenda.
11. CITY ADMINISTRATION COMMITTEE:
11.1 IURA/DPW - Amendment to Capital Project 499 for the Greater Ithaca
Activities Center Renovations - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
WHEREAS, the City's Greater Ithaca Activities Center (GIAC), built in 1922 and 1923,
has long been the place chosen by residents of all ages and races as the place for
learning, playing and for meeting neighbors, thus rendering GIAC the place where
community is built; and
WHEREAS, support for GIAC in the community is strong as demonstrated by comments
expressed in various city civic associations' listservs, in numerous city meetings, and in
letters to local papers; and
WHEREAS, a firm hired by the city of Ithaca, La Bella Associates, conducted a
structural analysis of the GIAC building and on January 4, 2008 issued a report which
finds the GIAC building to be structurally sound, and
WHEREAS, La Bella Associates further reported on January 4, 2008 on the conditions
of various other aspects of the GIAC building including the roofs, the mechanical
systems, the plumbing and fire protection systems, the electrical system, the asbestos
survey, and the analysis of the building's compliance with the current New York State
Building Code, and
WHEREAS, the La Bella Associates concluded that the GIAC building is in a
considerable state of disrepair, a state which resulted in a list of recommendations of
thirty-eight items of renovation that would keep the building viable for future years, and
WHEREAS, GIAC is a local institution expected by the community to fill vital needs
such as: providing programs for pre-school age children; providing free meals for
children attending various programs; providing after-school programs for the children of
poor and working families; providing guidance and leadership training for teens and
young people; providing programs for the elderly, employment assistance for
underrepresented and disenfranchised populations; and is home to the BOCES English
As A Second Language program, and
WHEREAS, bids were received and opened on May 26, 2009 for renovations to the
Greater Ithaca Activities Center (GIAC) building, and
WHEREAS, the bid package consisted of multiple prime bidders for the general
construction work, electrical, plumbing and the heating, ventilation, air conditioning, and
cooling system (HVAC) with two of the contracts having alternate items to be awarded
at the discretion of the City, and
WHEREAS, staff has reviewed the bids received and will make recommendations for
awarding the base bid for all contractors with the exception of “alternate #05” to replace
the skylights in the gym (at a cost of $13,556), which is part of the general construction
contract, and
WHEREAS, award of the project with the recommended “alternate” item will exceed the
budgeted amount for this Capital Project by $540,000, and
WHEREAS, this project is currently authorized in partnership with the Ithaca Urban
Renewal Agency (IURA) using Community Development Block Grant (CDBG) funds as
follows:
July 1, 2009
14
$506,000 from the City for outstanding repairs that have been
incorporated into this project
$2,000,000 from City for the renovations
$2,000,000 from IURA for the renovations, and
WHEREAS, it is anticipated that the Ithaca Urban Renewal Agency will continue to
share equally the renovation expenses, and
WHEREAS, there are compelling reasons not to redefine the scope of work and rebid
the project among which reasons are: (1) The need to maintain the current schedule
which is designed so that the summer camp program does not have to be closed or
relocated in 2010; (2) It would be difficult to impossible to house the GIAC summer
program in any other location; (3) The program is essential for the many Summer Camp
working families who see the GIAC Summer Camp as a safe, educationally rich,
affordable camp which, in providing child programs, allow parents the time to work, etc.,
and
WHEREAS, the revised budget has been reviewed in detail by the design firm for the
project, City of Ithaca Engineering, DPW and GIAC staff and others to identify any
possible cost savings; now therefore be it
RESOLVED, That the City of Ithaca amends Capital Project #499 to increase the
budget by an amount not to exceed $540,000 for a total project authorization of
$5,046,000, for the purposes of awarding said GIAC renovation project, and be it further
RESOLVED, That the $540,000 amendment is contingent upon the allocation of
$270,000 from Community Development Grant Funds leaving a City net amendment
cost of $270,000, and be it further
RESOLVED, That the project funds shall be advanced by the General Fund and later
repaid by the issuance of Serial Bonds.
Amending Resolution:
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That the 10th Whereas clause be amended to read as follows:
“WHEREAS, award of the project with the recommended “alternate” item could exceed
the budgeted amount for this Capital Project by up to $540,000, and”, and be it further
RESOLVED, That the 2nd Resolved clause be amended to read as follows:
“RESOLVED, That the $540,000 amendment is contingent upon the allocation, by the
Ithaca Urban Renewal Agency, of $270,000 from Community Development Grant Funds
leaving a City net amendment cost of $270,000, and, be it further”
Carried (8-0)
Alderperson Dotson absent from vote
Alderperson Coles noted that the work being performed on the GIAC building is
essential work and GIAC is a vital facility to the community.
Alderperson Clairborne disclosed that he is a member of the GIAC Board of Directors
and his spouse is the Deputy Director of GIAC; however, there is no financial impact to
them as a result of this Resolution, so therefore no conflict of interest exists for him.
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried (8-0)
Alderperson Dotson absent from vote
July 1, 2009
15
11.2 An Ordinance to Amend Section 210-43 of Chapter 210 of the City of Ithaca
Municipal Code Entitled “Housing Standards,” also known and cited as the
“Housing Standards Ordinance of the City of Ithaca.”
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, New York State requires all towns, villages, counties, and cities to conduct
housing maintenance inspections on intervals determined by the residential building’s
occupancy, and
WHEREAS, the City of Ithaca Housing Ordinance further requires that when a
residential building is in compliance with all applicable housing maintenance
regulations a Certificate of Compliance be issued, and
WHEREAS, the Building Department has been looking into all the components involved
in the issuance of a Certificate of Compliance due to the fact that New York State
requires housing inspections to occur at more frequent intervals than what the Building
Department staff can accomplish, and
WHEREAS, in order to cut down the time it takes to complete a housing inspection, the
Building Department had a housing software program created and the Building
Department investigated all other processes involved in the issuance of a Certificate of
Compliance in order to eliminate inefficiencies as well as reviewing how it charged for
housing inspections, and
WHEREAS, The Building Department discovered that the process it has been using to
charge for a Certificate of Compliance is antiquated, that it is based on an hourly rate,
that the charges for the work include but are not limited to inspections, property file
research, correspondence, record upkeep, travel, and supervisory work, and
WHEREAS, the cost of a Certificate of Compliance can not be easily determined since it
may depend on the inspector’s experience, the inclusion of all supplementary work
needed, how many violations are observed, and how many special systems are in the
building, and
WHEREAS, the Building Department is striving to create a system for charging for a
Certificate of Compliance based on predictable fees for property owners, based on
rewarding compliance, based on punishing scofflaws, based on covering Building
Department’s costs, and bringing and keeping more rental buildings into compliance
with the City’s Housing Ordinance, and
WHEREAS, the inspections of fraternities and sororities can only be conducted through
time consuming factors not encountered in the inspection of dormitories, one and two-
family dwellings, nor in multiple dwellings, and
WHEREAS, these factors have a significant effect on the actual cost for inspecting
fraternities and sororities, and
WHEREAS, said factors that increase inspection costs are in part the result of having
to:
1) Inspect commercial kitchens with associated hood and suppression systems,
2) Inspect assembly spaces and coordinate findings with the Ithaca Fire Department,
3) Inspect or having independent inspection agencies inspect more numerous
mechanical and suppression systems,
4) Inspect loft spaces for compliance and special rooms that are not always
accessible,
5) Often finding new violations upon re-inspections thus causing months to pass
before a Certificate of Compliance can be issued, and
WHEREAS, in order to meet New York State inspection requirements with regard to
inspection of fraternities and sororities the Building Department invariably has to use
staff overtime, and
WHEREAS, the Building Department believes that it is essential that the City of Ithaca
operate a system which will result in more properties coming into compliance, reducing
delays and inducing more property owners to keep their buildings in compliance, and
July 1, 2009
16
WHEREAS, the Building Department has concluded that inspection fees will be based
on the occupancy of the building, the number of rooms in the building, and will have an
escalating fee for those violations that continue to be un-addressed and un-repaired
because these factors cause an inspector to spend more time and effort in issuing a
Certificate of Compliance; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
ORDINANCE NO. 2009-
Section 1.
Section 210-43(F) (regarding fees for a certificate of compliance) as well as Sections
210(I) and 210(J) of Chapter 210 of the City of Ithaca Municipal Code entitled “Housing
Standards” are hereby amended to read as follows:
§ 210-43 Certificate of compliance.
A. All single-family or two-family rental dwellings shall be required to hold a valid
certificate of compliance. Such certificate shall be valid for a period of not more than five
years. Before the expiration of the certificate of compliance, it shall be the responsibility
of the owner of the rental property to schedule a housing inspection with the Building
Department in order to obtain a new certificate of compliance. All rental dwellings with
three or more units or rental dwelling units with five or more unrelated persons shall also
be required to hold a valid certificate of compliance. This certificate of compliance shall
be valid for a period of not more than three years. Prior to the expiration of the
certificate of compliance, it shall be the responsibility of the owner of the rental property
to schedule a housing inspection with the Building Department in order to obtain a new
certificate of compliance. All dormitories, fraternities and sororities shall be required to
hold a valid certificate of compliance. Such certificate shall be valid for a period of not
more than one year. Before the expiration of the certificate of compliance, it shall be the
responsibility of the owner of the rental property to schedule a housing inspection with
the Building Department in order to obtain a new certificate of compliance.
B. A certificate of compliance shall be issued upon verification by inspection that no
violations of the Building Code, Energy Code, City of Ithaca Municipal Code, City of
Ithaca Zoning Ordinance, New York State Multiple Residence Law and any other
applicable codes and ordinances exist.
C. Certificates of compliance shall not be issued to:
(1) Any rental unit that is in violation of any applicable City or state code.
(2) Any rental unit located on a property for which there is an outstanding warrant for a
violation of any section of Chapter 178.
(3) Any rental unit which is not in compliance with all orders of the Building
Commissioner.
D. Failure of an owner of any rental unit to hold a valid certificate shall be deemed a
violation of the Housing Code, and such dwelling unit may be ordered by the Building
Commissioner to be vacated until the property is brought into compliance with this
chapter.
E. Verified over-occupancy will result in the immediate revocation of the certificate of
compliance.
F. The fee for a certificate of compliance shall be based on the following:
(1) Forty dollars plus $40 per hour for the time spent by the Inspector at the premises
doing the initial inspection to determine whether the premises are in compliance with the
Housing Code; plus
(2) If, at the time the initial inspection is done, the premises is not in compliance with
the Housing Code, $40 per hour for all time spent by the inspector regarding the
July 1, 2009
17
premises after such initial inspection, including but not limited to the time spent in
correspondence, review of the appropriate files, transportation and further inspections.
The Fees for a Certificate of Compliance shall be a combination of the following
charges:
1) The basic inspection fee which is determined by the cost of the room times the
number of rooms in the building excluding closets. The cost of the room is shown below
under “charge of room per occupancy.”
2) Administrative costs associated with a re-inspection.
3) Costs for each violation. This fee escalates when upon each re-inspection, the
same previously cited violation has not been repaired,
4) Charge of Room per Occupancy. The charges for room occupancy shall be
assessed as follows:
(i) One and two family homes and multiple dwellings . . . $7/room
Fraternities and sororities . . . $10/room
Dormitories . . . $1.50/room
(ii) An administrative fee of $40 is charged each time an Inspector has to
return for a re-inspection.
(iii) A fee of $5 will be charged for each violation found at the initial inspection.
This fee will be doubled if at the re-inspection, a violation cited at the initial inspection
has not been repaired. At each re-inspection thereafter, an additional $5 will be added
to a violation that has not been corrected. When all the violations have been corrected,
the fee for violations can be determined by adding the violation and fee cost at the first
inspection, the violation and fee charges at the second inspection, the violation and fee
charges at the third inspection, etc.
(iv) After 30 days and every 30 days thereafter, each and every violation not
corrected will be charged an additional fee of $5.
(v) A property owner is allowed one extension of 30 days to prepare for an
inspection or to fix violations.
G. Upon the issuance of a certificate of compliance or when the accumulated fee
pursuant to Subsection F is $300 or more, the property owner shall be billed for services
rendered at the rates established pursuant to Subsection F(1) and (2). This fee shall be
paid to the City Chamberlain within 30 days of the billing date. If the required fee is not
paid within 30 days of the billing date, 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 from the date of billing to the date of
actual payment at 12% per annum or $3 per month, whichever is greater.
H. The owner of a property that has had an initial inspection but where violations remain
so that a certificate of compliance cannot be issued within the intervals specified in
Subsection A shall be billed for the filing fee and all associated costs listed in
Subsection F(1) and F(2) F(4) and a new filing fee shall be assessed.
I. When a property is sold without a current certificate of compliance, any unpaid fees
for services pursuant to Subsection F(1) and F(2) F(4) at the time of the sale shall be
due and shall be billed pursuant to Subsection G. Such fees shall be the responsibility
of the new owner.
J. The exclusive administrative remedy for a property owner wishing to appeal the
amount of the bill which has been established pursuant to Subsection G(1) and (2) is to
July 1, 2009
18
file a notice of appeal with the Building Commissioner within seven days of the mailing
date to the property owner of the bill for the inspection services. When a notice of
appeal is filed, the Building Commissioner, using the regulations of the Housing Board
of Review, shall schedule the matter at the next possible regular meeting of the Housing
Board of Review. The property owner then has the responsibility to perfect the appeal to
the Housing Board of Review, by submitting three copies of the appeal and detailing the
reasons why the property owner believes the fee is not justified. The property owner
bears the burden of establishing that the accounting submitted by the inspector of the
time spent for initial inspection, correspondence, review of the appropriate files,
transportation, further inspections or other time spent is inaccurate. The Housing Board
of Review shall have the authority to approve or reject such appeal in whole or in part.
Section 2.
SEVERABILITY CLAUSE. Severability is intended throughout and within the
provisions of this ordinance. If any section, subsection, sentence, clause, phrase or
portion of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
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 responded to comments made during the public speaking portion of
the meeting and stated that he believes that the proposed change in the rate structure is
more rational than the existing structure.
Alderperson Coles explained that the Building Department’s administrative costs are not
being covered under the existing fee structure. She noted that Building Commissioner
Radke notified the Landlord’s Association of the proposed changes and explained that
under this structure, landlords will know what their inspection costs will be upfront.
Alderperson Myrick questioned why fraternities and sororities were being treated
differently under this legislation.
Building Commissioner Radke explained that pursuant to New York State law,
fraternities and sororities must be inspected annually. She noted that typically these
buildings are different from multiple dwellings as they can include commercial kitchens,
multiple fireplaces, boilers, lofts, and hidden rooms. All of these elements cause more
time to be spent on inspections. Building Commissioner Radke further explained that
she averaged out inspection times over the past 10 years to reach this figure.
Discussion followed on the floor regarding what category cooperatives and group
homes are included in. Alderperson Rosario stated that it appeared as if the fraternities
and sororities were being considered by “use” as opposed to “type” of housing.
Motion to Refer
By Alderperson Rosario: Seconded by Alderperson Myrick
RESOLVED, That this Ordinance be referred back to the City Administration Committee
for further consideration.
Ayes (5) Clairborne, Rosario, Tomlan, Myrick, Cogan
Nays (4) Korherr, Zumoff, Coles, Dotson
Failed
Amending Resolution
By Alderperson Coles: Seconded by Alderperson Zumoff
RESOLVED, That Section 210-43 (F)(4)(i) be amended to read as follows:
(i) One and two family homes and multiple dwellings . . . $7/room
Fraternity houses and sorority houses . . . $10/room
Dormitories . . . $1.50/room
Carried Unanimously
July 1, 2009
19
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Ayes (7) Coles, Dotson, Clairborne, Zumoff, Tomlan, Korherr, Cogan
Nays (2) Rosario, Myrick
Carried
11.2.1 Approval of City Participation in the Greater Tompkins County Municipal
Health Insurance Consortium
By Alderperson Coles: Seconded by Alderperson Zumoff
WHEREAS, the Tompkins County Council of Governments (TCCOG) is comprised of all
the municipalities in Tompkins County, and
WHEREAS, the City of Ithaca is a member of the Tompkins County Council of
Governments (TCCOG), and
WHEREAS, in 2007 the County, on behalf of TCCOG accepted an incentive grant
award under the New York State Shared Municipal Services Program, and
WHEREAS, the grant’s purpose is to assist the municipalities in Tompkins County
create a local municipal health insurance consortium, and
WHEREAS, the Health Insurance Consortium will develop health benefits coverage for
all participating municipalities with the intent to provide a net savings to the taxpayers of
Tompkins County, and
WHEREAS, TCCOG encourages the signature of an inter-municipal agreement by
TCCOG members; now, therefore be it
RESOLVED, That Common Council hereby authorizes the Mayor to execute the inter-
municipal agreement effective January 1, 2010 with the Greater Tompkins County
Health Insurance Consortium for the New York State Shared Municipal Services
Program.
City Controller Thayer and Steve Locey, Consultant to the Tompkins County Council of
Governments regarding the Health Insurance Consortium, joined Common Council for
the discussion.
City Controller Thayer stated that one of the benefits of joining the consortium is that
health insurance premium cost increases would be more predictable (4-5% annual
increases as opposed to the current range of 9-21%). Premiums will be based on the
health coverage that each municipality negotiates with their labor unions. All monies
spent will stay local.
Alderperson Korherr stated that she believes strongly in labor management and
referenced a letter recently received from the Ithaca Paid Fire Fighters Union that cited
a conflict with existing contract language.
Alderperson Coles noted that no union members appeared to support the letter, and
stated that all consortium documentation clearly states that each municipality negotiates
health benefits with their respective labor unions. She further explained that the
Resolution is intentionally vague as all participating municipalities are being asked to
adopt this legislation.
Amending Resolution
By Alderperson Korherr: Seconded by Alderperson Coles
RESOLVED, That the following language be added to the Resolution as the 6th
Whereas clause:
“WHEREAS, the City of Ithaca, as a consortium partner, will maintain existing health
benefit coverage for its employees as required by the City’s collective bargaining
agreements, and”
Carried Unanimously
Discussion followed on the floor regarding how health benefit costs are factored into the
annual premiums for the consortium.
July 1, 2009
20
Motion to Refer
By Alderperson Korherr: Seconded by
RESOLVED, That this Resolution be referred back to the City Administration Committee
for further consideration.
Alderperson Coles stated that this issue has been discussed in committee many times
and all Council members have been invited to participate in those meetings.
Motion Failed for Lack of a Second
Mr. Locey explained that the May 14, 2009 draft agreement has been posted on the
Tompkins County website after review by multiple municipal attorneys. Information
about the agreement has been disseminated to municipalities, and the draft will also be
forwarded to the New York State Insurance Department for review.
Amending Resolution
By Alderperson Clairborne: Seconded by Alderperson Tomlan
RESOLVED, That the Resolved clause be amended to read as follows:
“RESOLVED, That Common Council hereby authorizes the Mayor, upon the advice of
the City Attorney, to execute an inter-municipal agreement, effective January 1, 2010,
with the Greater Tompkins County Health Insurance Consortium for the New York State
Shared Municipal Services Program, provided the terms of such agreement are
substantially the same as put forth in the Draft of May 14, 2009.”
Carried Unanimously
City Controller Thayer noted that it is difficult to predict what the cost savings will be;
however, participation in the consortium will provide the City with cost increase stability
for budgeting purposes.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
11.3 Finance/Controller - Approval of 2007 Single Audit Report - Resolution
By Alderperson Coles: Seconded by Alderperson Korherr
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2007
through December 31, 2007 prepared by the accounting firm of Ciaschi, Dietershagen,
Little and Mickelson & Company, LLP be accepted to comply with all the City’s
applicable Governmental Accounting Standards Board (GASB) Statement 34 and other
related audit and single audit requirements.
Carried Unanimously
11.4. A Bond Resolution Authorizing the Issuance of an Additional $190,000
Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost
of the Acquisition of Land in Connection with the Reconstruction of the Green
Street Garage, in and for said City
By Alderperson Coles: Seconded by Alderperson Zumoff
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
acquisition of land in connection with the reconstruction of the parking garage on Green
Street, in and for the City of Ithaca, Tompkins County, New York, there are hereby
authorized to be issued an additional $190,000 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 $690,000.
July 1, 2009
21
Section 2. The plan for the financing of such $690,000 maximum estimated cost is as
follows:
a) By the issuance of the $500,000 bonds of said City heretofore authorized to be
issued therefore pursuant to a bond resolution dated December 3, 2008; and
b) By the issuance of the additional $190,000 bonds of said City herein authorized.
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 29 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property 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.
July 1, 2009
22
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 VOTING __Aye_________
Alderperson Dotson VOTING _Aye_________
Alderperson Rosario VOTING _Aye ________
Alderperson Clairborne VOTING __Nay _____
Alderperson Tomlan VOTING __Aye _______
Alderperson Zumoff VOTING __Aye________
Alderperson Myrick VOTING __ Aye________
Alderperson Cogan VOTING __ Aye________
Alderperson Korherr VOTING __Nay _______
Alderperson Schuler ABSENT from vote
The resolution was thereupon declared duly adopted by a 7-2 vote.
11.5. A Bond Resolution Authorizing the Issuance of $140,000 Bonds of the City
of Ithaca, Tompkins County, New York, to Pay the Cost of Water Distribution
Improvements in and for said City
By Alderperson Coles: Seconded by Alderperson Korherr
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 the cost of water distribution
improvements, including pipes, valves and gasket replacement of distribution system on
various city streets, and original furnishings, equipment, machinery, apparatus,
appurtenances and other incidental expenses in connection therewith, in and for the
City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued
$140,000 bonds pursuant to the provisions of the Local Finance Law.
Section 2. It is hereby determined that the maximum estimated cost of the aforesaid
specific object or purpose is $140,000, and that the plan of financing thereof is by the
issuance of the $140,000 bonds of said City authorized to be issued pursuant to this
bond resolution.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of
paragraph a of Section 11.00 of the Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property 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
July 1, 2009
23
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 specific object or purpose 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.
July 1, 2009
24
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 Rosario VOTING ___Aye_______
Alderperson Clairborne VOTING _Aye_______
Alderperson Tomlan VOTING ___Aye_______
Alderperson Zumoff VOTING ___ Aye_______
Alderperson Myrick VOTING ____Aye_______
Alderperson Cogan VOTING ____Aye_______
Alderperson Korherr VOTING ____Aye______
Alderperson Schuler ABSENT from vote
The resolution was thereupon declared duly adopted unanimously.
REPORT OF THE CITY CONTROLLER:
City Controller Thayer reported on the following:
2010 budget preparation is underway. The Capital Project Review Committee will be
completing its list of recommended projects within the next two weeks. The 2010
program has been scaled back to $1.5 - $2 million worth of projects in keeping with the
City’s goal to reduce debt load. Debt service pay-off for 2010 will be $4 million.
Mayor Peterson issued the departmental 2010 budget guidelines, asking department
heads to submit a 0% and a 2% budget incorporating negotiated salary increases.
Departmental budgets are due to the Mayor by August 1, 2009.
Based on rising costs (pension, debt service, health insurance) and lower revenues
(sales tax, building permit collections), the City’s hiring / purchasing freezes will remain
in effect until further notice.
Sales tax revenues are currently running 5.5% lower than 2008, equaling a $250,000
loss of revenue through May, 2009. The City is heavily reliant on this cash flow to
support operations. Cash flow concerns may become prevalent in October / November.
The City Hall Security Service Requests for Proposals have been returned and a
recommendation will be forwarded to the City Administration Committee next month.
The Requests for Proposals for credit card acceptance and procurement cards have
been returned. The City Chamberlain and City Controller will review these proposals
carefully and make recommendations to the City Administration Committee soon.
The final property tax assessments have been received. The taxable assessments in
the City will increase 3.54% in 2010. With the same tax rate as 2009, the City will
receive $619,000 in additional revenue. 61% of the property in the City is tax-exempt;
78% of that figure is Cornell University property.
The Cornell University voluntary contribution has been received for 2009. The payment
was $1.173,770 million, which represents a 3.8% increase over 2008 ($42,000).
15. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
15.1 Columbia Street Pedestrian Bridge Replacement Project - Resolution
By Alderperson Dotson: Seconded by Alderperson Korherr
WHEREAS, a Project for the Columbia Street Pedestrian Bridge Replacement P.I.N.
395042(“the Project”) is eligible for funding under Title 23 U.S. Code as amended, that
calls for the apportionment of the costs of such program to be borne at the ratio of 100%
Federal funds and 0% non-federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Design (phases I-IV), ROW Incidentals,
Construction, Construction Inspection and Supervision, and
WHEREAS, this project constitutes a reconstruction of facility in kind on the same site
as well as maintenance or repair involving no substantial change in an existing facility,
July 1, 2009
25
and is therefore a type II action not requiring environmental review: now therefore, the
Common Council, duly convened does hereby
RESOLVE, That the Common Council hereby approves the above-subject project; and
it is hereby further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Design, Right
of Way Incidentals, Construction, Construction Inspection and Supervision work for the
Project or portions thereof; and it is further
RESOLVED, That the sum of $1,257,628 is hereby appropriated from Capital Project #
743 and made available to cover the cost of participation in the above phase of the
Project, with the understanding that the Design Cost of $180,000 will not be
reimbursable through the TEP, and it is further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, Common Council of the City of Ithaca shall
convene as soon as possible to appropriate said excess amount immediately upon the
notification by the NYSDOT thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca, of the County of Tompkins be and is
hereby authorized to sign all necessary Agreements with New York State Department of
Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca
and the Superintendent of Public Works be authorized to sign all necessary construction
documents, contracts, certifications and reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works is authorized to administer the
above project, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project, and it is further
RESOLVED, This Resolution shall take effect immediately
Carried Unanimously
NEW BUSINESS:
14. Motion to Enter Into Executive Session to Discuss Possible Conveyance of
Real Property – Discussion - Resolution
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That Common Council enter into Executive Session to Discuss Possible
Conveyance of Real Property.
Carried Unanimously
Alderperson Korherr left the meeting at 11:05 p.m.
Reconvene
Common Council reconvened into Regular Session having taken the following action in
Executive Session:
Motion to Extend the Meeting
By Alderperson Coles: Seconded by Alderperson Myrick
RESOLVED, That the meeting be extended to 11:20 p.m.
Carried (8-0)
Alderperson Korherr absent from vote
REPORT OF CITY ATTORNEY:
City Attorney Hoffman stated that there was no new or existing litigation to report on.
July 1, 2009
26
20. MINUTES FROM PREVIOUS MEETINGS:
20.1 Approval of Common Council Meeting Minutes – Resolution
By Alderperson Myrick: Seconded by Alderperson Coles
RESOLVED, That the Minutes of the May 11, 2009 Special Common Council Meeting
be approved with noted corrections, and, be it further
RESOLVED, That the Minutes of the May 27, 2009 Special Common Council Meeting
be approved with noted corrections, and, be it further
RESOLVED, That the Minutes of the June 3, 2009 Regular Common Council Meeting
be approved with noted corrections.
Carried (8-0)
Alderperson Korherr absent from vote
ADJOURNMENT:
On a motion the meeting adjourned at 11:20 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Daniel Cogan,
City Clerk Acting Mayor