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HomeMy WebLinkAbout07-07-10 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, July 7, 2010, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Proposal to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” to establish a new R-3aa Zoning District. ***Please Note: This proposal will not be voted on until the August 4, 2010 Common Council meeting. 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works - Request to Amend Personnel Roster - Resolution 8.2 Request to Amend 2010 Budget for Sale of Equipment - Resolution 8.3 Finance/Controller’s Office - Request to Approve Civil Service Agreement for the Year 2010-2011 - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Selection of a Preferred Site for the Location of a Sediment Management Facility – Resolution 10. CITY ADMINISTRATION COMMITTEE: 10.1 DPW – Request to Amend Capital Projects #743, #519 (Water) and #619 (Sewer) Columbia Street Pedestrian Bridge Improvements - Resolution 10.2. IURA - Fund Add/Alt Energy Efficiency Upgrade for Southside Community Center Gym Air Conditioning Project - Resolution 10.3 Attorney’s Office - Authorization of $25,000 Expenditure from Capital Project #292 Watershed Land Acquisition – Resolution Common Council Agenda July 7, 2010 Page 2 10. CITY ADMINISTRATION COMMITTEE - Continued: 10.4 A Resolution Authorizing a Grant Submission for Park Development under the Environmental Protection Act and Land and Water Conservation Fund, for the Design and Construction of the Stewart Park Performance Pier - Resolution 10.5 A Resolution Authorizing the Issuance of an Additional $650,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Stormwater Site Improvements at Water and Sewer Facilities, in and for said City 10.6 A Resolution Authorizing the Issuance of an Additional $59,774 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Slope Stabilization on the Southeast Side of the Spencer Street Traffic Circle, in and for said City. 10.7 A Resolution Authorizing the Issuance of $670,000 Additional Serial Bonds of the City of Ithaca, Tompkins County, New York to Pay the Additional Cost of the Reconstruction of the Columbia Street Pedestrian Bridge, in and for said City. 10.8. Controller’s Report 10.9 Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine Tasting at the WITH Public Radio Remote Live Broadcast - Resolution 12.2 P & C Redevelopment – Common Council Endorsement to the Tompkins County Industrial Development Agency of the Proposed Redevelopment of the former P & C Plaza located at 210 Hancock Street, to Include Approximately 15,000 Square Foot Full-Service, Neighborhood Grocery Store – Resolution (resolution to be distributed under separate cover) 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointment of Assistant City Attorney – Resolution 14.2 Re-appointments to Disability Advisory Council - Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: Common Council Agenda July 7, 2010 Page 3 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the June 2, 2010 Regular Common Council Meeting Minutes - Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: July 2, 2010 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Department of Public Works - Request to Amend Personnel Roster - Resolution WHEREAS, the Acting Assistant Superintendent of Public Works is preparing for the retirement of the Motor Equipment Maintenance Supervisor in January 2011 and is planning for a smooth transition through a more appropriate distribution of the work load of that position’s present responsibilities, as well as through sufficient training of the person who will assume the position, and WHEREAS, staff is proposing that: 1) a Motor Equipment Mechanic Supervisor position be added to the day shift; 2) that this position be filled through a promotion; 3) that a Motor Equipment Mechanic position be dropped after the probationary period for the Motor Equipment Mechanic Supervisor position, and WHEREAS, this approach will allow for the appropriate training of the new Motor Equipment Maintenance Supervisor under the supervision of the present supervisor who has held the position for 12 years, and WHEREAS, staff has found funding within the Streets & Facilities budget to cover the additional costs for this transition; now, therefore, be it RESOLVED, That the Motor Equipment Mechanic Supervisor position be added to the DPW Streets & Facilities Roster and that a Motor Equipment Mechanic position be dropped from the roster once the successful candidate has become permanent, and be it further RESOLVED, That the additional funding required for these changes come from the existing Streets and Facilities budget. 8.2 Request to Amend 2010 Budget for Sale of Equipment - Resolution WHEREAS, the Department of Public Works (DPW) Parks and Forestry Division recently sold a tractor and a vehicle at auction for $10,710, and WHEREAS, the DPW would like to use the funds to purchase a replacement tractor for the Parks Division in the near future, and WHEREAS, these funds were unanticipated in the 2010 budget; now, therefore be it RESOLVED, That Common Council hereby amends the 2010 Authorized DPW Budget as follows for the purchase of a replacement tractor in the Parks Division: Increase Revenue Account A7111-2665 Parks Sale of Equipment $10,710 Increase Appropriation Account A7111-5225 Parks Other Equipment $10,710 8.3. Finance/Controller’s Office - Request to Approve Civil Service Agreement for the Year 2010-2011 - Resolution 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, 2010 to June 30, 2011 in the amount of $50,355 payable to the City of Ithaca on or before November 1, 2010. 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Selection of a Preferred Site for the Location of a Sediment Management Facility – Resolution WHEREAS, on June 9, 2006, Common Council authorized the filing of an application for funds from the New York State Department of State Environmental Protection Fund’s Local Waterfront Revitalization Program in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $133,178.00, or 50% of the original estimated project costs for the Planning and Design phases of the project to dredge the lower reaches of Cayuga Inlet, the Flood Control Channel, Fall Creek, Cascadilla Creek, and Six Mile Creek, and WHEREAS, in fall 2006 the City was awarded the grant funds, and WHEREAS, in January 2007 the City, issued a Request for Proposals for project planning and design and selected Ecologic L.L.C. (lead) with ERM (subcontractor), and, WHEREAS, the main objective of the planning phase was the identification of a preferred alternative for the location of a sediment management facility, which required conducting a site reconnaissance of the project area and potential dewatering sites, and WHEREAS, work on the site reconnaissance was guided by the Dredging Project Advisory Committee (DPAC), which met four times between April 2007 and March 2010, and by the agencies involved in the project; NYSDEC, US Army Corps of Engineers, and NYS Canal Corporation, and WHEREAS, the consultant, working in coordination with city staff completed a Draft Site Reconnaissance Report which compiled existing conditions of the project area and potential sites, including, land use, zoning, ownership and natural and cultural resources in the project area, sediment testing and analysis results, current channel profiles derived from 2008 bathymetry, user surveys, an economic analysis of the waterway, a legal analysis of site constraints and a matrix of all potential dewatering sites, and WHEREAS, the Draft Site Reconnaissance Report was reviewed by the agencies involved in the project and amended based on their comments and recommendations, and WHEREAS, in March of 2010 the Draft Site Reconnaissance Report was distributed to the members of DPAC, Common Council and the Board of Public Works of Public Works and made available to the public, and the report was presented by the consultant and city staff to the three groups and at a public meeting, and WHEREAS, Members of the DPAC have submitted individual statements regarding their preference and rational for a preferred alternative for the location of a sediment management facility site based on the Draft Site Reconnaissance Report, and those statements have been compiled and distributed to the Board of Public Works of Public Works and Common Council, and WHEREAS, the Board of Public Works and Common Council understand the responsibilities of the agencies in the dredging project to be as follows: United States Army Corps of Engineers (ACOE): The ACOE constructed the Flood Control Channel (designated as the stream segment extending from the outlet at Cayuga Lake south to the end of the channel) and associated levee system. The ACOE periodically (usually annually) participates in joint inspections of the Federal risk management project with the sponsor (NYSDEC) to evaluate overall project conditions and the adequacy of their operation and maintenance efforts. An inspection rating of “Minimally Acceptable” or better is necessary for the project to remain active in the ACOE Rehabilitation and Inspection Program (RIP). Projects that remain active in the RIP may be eligible for Federal assistance if they are damaged by a major storm or flood event. Projects that are inactive are ineligible for such assistance. Risks associated with project deficiencies are communicated by ACOE to project stakeholders. ACOE may provide emergency operations assistance prior to or during a flood event, whether a project is active or inactive. New York State Department of Environmental Conservation (NYSDEC). Responsibility for maintenance of the flood control portion of the waterways was conveyed to New York State upon completion, through the NYSDEC. NYSDEC is responsible on behalf of the State of New York for all dredging necessary for flood control. New York State Canal Corporation The Canal Corporation is responsible for maintaining a navigation channel in Cayuga Inlet from the Buffalo St. Bridge to the lighthouse. City of Ithaca The City has responsibility for “ordinary maintenance” of the Flood Control Channel, which has included mowing, brush removal and other work along the banks of the channel, and WHEREAS, on March 31, 2010, at a joint meeting of Common Council and the Board of Public Works of Public Works, it was decided by mutual agreement that the Board of Public Works would undertake the task of selecting a preferred site, and that at the completion of this process, would submit their preferred site to Common Council for final approval, and WHEREAS, the Board of Public Works has completed an analysis of the potential sites which has included review of the Draft Site Reconnaissance Report, undertaken site visits to the former southwest park and to the sediment management facility in Montour Falls, and participated in discussions with city staff and consultants, and WHEREAS, Common Council understands that selection of the preferred alternative allows the next phase of the project to commence. This phase will include environmental review (likely an Environmental Impact Statement) of the preferred alternative as well as design, permitting and construction of the facility. Clarification regarding legal, financial, schedule, management, and other arrangements between the City and NYSDEC (and, to a lesser extent NYS Canal Corporation) will also be part of the next phase, and WHEREAS, Common Council and the members of the Board of Public Works have taken into consideration the following criteria when deciding on a preferred alternative for the City’s Sediment Management Facility: adequate acreage to service the initial dredging event, as well as future long term maintenance dredging needs; accessibility and proximity of the site to the Cayuga Inlet, Flood Control Channel and creeks; ownership of land; technical feasibility and feasibility in regards to acquiring permits and approvals, and acceptability to the public, and WHEREAS, the Board of Public Works has selected the Southwest area (see seven (7) sites listed in Table 14 of the Decision Matrix) as their recommended preferred alternative for the location of a Sediment Management Facility and has requested that Common Council confirm this selection by vote prior to the City undertaking environmental review, project design, and coordination with state agencies, now therefore be it RESOLVED, That Common Council concurs with the recommendation of the Board of Public Works and selects the Southwest area as the preferred alternative for the location of a Sediment Management Facility, and be it further RESOLVED, That if the involved agencies, with cooperation from the City, cannot resolve any potential issues on the site, or if any issues arise during the course of the next phase of the project that cannot be resolved, a reevaluation of the other upland sites for a sediment management facility will be necessary. 10. CITY ADMINISTRATION COMMITTEE: 10.1 DPW – Request to Amend Capital Projects #743, #519 (Water) and #619 (Sewer) Columbia Street Pedestrian Bridge Improvements - Resolution WHEREAS, bids were received for Columbia Street Pedestrian Bridge Rehabilitation Project on May 25, 2010, and WHEREAS, the total current project budget authorization of $1,727,628 (composed of $180,000 from General Fund, $370,000 from Water & Sewer Funds, $1,077,628 from Federal ARRA Fund and $100,000 from Cornell University Transportation Fund) was based upon the engineer’s pre-bid estimate of $1,959,060 (composed of $222,000 for design, $144,000 for Construction Support and Construction Inspection, $1,523,059.91 for Construction, and $70,000 for Contingency and Short Term Borrowing Expense), and WHEREAS, R. DeVincentis Construction Inc. submitted the low bid for the Columbia Street Pedestrian Bridge Rehabilitation Project in the amount of $1,943,000, and WHEREAS, the amended project budget is projected to be $2,397,628 (composed of $222,000 for design, $1,943,000 for construction, $144,000 for construction support and $88,628 for Contingency and Short Term Borrowing), and WHEREAS, the City of Ithaca Board of Public Works recommends that the Common Council increase the total project budget authorizations for the Columbia Street Pedestrian Bridge Rehabilitation Project in the amount of $670,000, and WHEREAS, the cost differences are outlined as follows: Authorization General Fund CP# 743 Water CP# 519 Sewer CP# 619 Total Current $180,000 $185,000 $185,000 $550,000 Proposed $403,000 $243,000 $574,000 $1,220,000 Increase $223,000 $58,000 $389,000 $670,000 now, therefore, be it RESOLVED, That the City of Ithaca Common Council amends the Capital Project budget authorizations for the Columbia Street Pedestrian Bridge Rehabilitation Project, Capital Projects #743, #519 and #619, by the sum of $670,000, for a total project authorization of $2,397,628, and be it further RESOLVED, That the Mayor be and hereby is authorized to execute this contract, and that the Superintendent of Public Works be and hereby is authorized to administer the same, once the necessary funding is in place for this $2,400,000 project, and be it further RESOLVED, That the additional funds of the $670,000 shall be derived from the issuance of Bonds. 10.2. IURA - Fund Add/Alt Energy Efficiency Upgrade for Southside Community Center Gym Air Conditioning Project - Resolution WHEREAS, the Ithaca Urban Renewal Agency (IURA) is implementing a 2007 Community Development Block Grant (CDBG) project to install air conditioning in the Southside Community Center Gym, and WHEREAS, the project was bid out seeking a base bid and included an Add Alternative for upgraded controls to improve energy efficiency, and WHEREAS, at the bid opening on June 8, 2010, a low base bid of $61,661 was received on the project, and WHEREAS, the low bidder priced the Add Alternative at $3,598 to include differential demand controlled ventilation sensors (DCV sensors), and WHEREAS, the base bid project budget, without the Add Alternative, totals $68,961 as followings: $61,661 construction contract base-bid $1,500 architect/commissioning $2,000 owner’s representative (City Engineering Dept.) $100 printing $3,700 construction contingency (6%) $68,961 Total , and WHEREAS, the IURA has $69,056.82 available to fund the project, an amount insufficient to fund the Add Alternative, and WHEREAS, the mechanical engineer who developed the bid package recommends inclusion of the upgraded control system that will save energy costs in cooling zones with sporadic occupancy, and WHEREAS, NYSERDA prequalifies the inclusion of DCV sensors in newly installed air conditioning control systems in municipal buildings for a financial incentive, and WHEREAS, City Engineering staff estimates that the DCV sensors will have a payback of less than two years in this application, and WHEREAS, Capital Reserve #24 - Energy Program Improvements - was established to fund energy efficiency improvements such as the DCV sensors and has an unobligated balance of $55,000; now, therefore be it RESOLVED, That the Common Council hereby authorizes the expenditure of funds in the amount not to exceed $5,000 from Capital Reserve #24 Energy Program Improvements for the purpose of upgrading controls on the Southside Community Center Gym Air Conditioning project to include Demand Control Ventilation sensors that will improve energy efficiency, and be it further RESOLVED, That the City Controller is hereby authorized to implement this resolution. 10.3 Attorney’s Office - Authorization of $25,000 Expenditure from Capital Project #292 Watershed Land Acquisition - Resolution WHEREAS, the City of Ithaca relies upon Six Mile Creek as its drinking water source; and WHEREAS, the City recently decided to rebuild its water filtration system at Six Mile Creek, which decision commits the City to continued reliance upon that source for decades to come; and WHEREAS, more than 20 years ago the City established a capital account for “watershed protection,” which account has been utilized on several occasions to purchase land in the vicinity of Six Mile Creek (mainly within the Town of Ithaca), in some instances for water quality purposes (i.e., upstream of the 60-foot-dam) and in some instances to protect the recreational and/or ecological value of the land (i.e., downstream of the dam), and which account has been replenished from time to time after such expenditures; and WHEREAS, said Capital Project #292 Watershed Land Acquisition currently contains $120,000; and WHEREAS, the Finger Lakes Land Trust seeks to purchase a 170-acre parcel of land that borders on the headwaters area of Six Mile Creek (with 6,000 feet of creek frontage and numerous springs that feed the creek), in the Town of Dryden, in order to provide permanent protection of the land from development, and to make parts of it available for public visitation and appreciation; and WHEREAS, the Land Trust has requested modest financial support for this acquisition from Tompkins County, the Town of Dryden and the City of Ithaca; and WHEREAS, City residents will reap tangible benefits from the protection of the property in question, with regard to water quality and the availability of additional land for low-impact recreation; now therefore be it RESOLVED, That the City of Ithaca Common Council hereby supports the efforts of the Finger Lakes Land Trust to acquire and protect the Berntsson property on Irish Settlement Road in the Town of Dryden (tax map parcel 63-1-18); and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is authorized to execute a memorandum of understanding between the City and the Land Trust, setting forth the type of protection and benefits to the City to be provided by the Land Trust, with regard to this property, and the use of any funds made available by the City; and be it further RESOLVED, That upon the execution of said memorandum, the allocation of $25,000 from Capital Project #292 Watershed Land Acquisition is hereby authorized, which sum shall be provided to the Land Trust for the sole purpose of supporting the acquisition of said property. 10.4 A Resolution Authorizing a Grant Submission for Park Development under the Environmental Protection Act and Land and Water Conservation Fund, for the Design and Construction of the Stewart Park Performance Pier WHEREAS, the New York State Department of State has announced the availability of grant funding for Parks Development under the Environmental Protection Act and Land and Water Conservation Fund, and WHEREAS, Common Council desires to submit an application for the design and construction of a performance pier and trail head plaza at Stewart Park, and WHEREAS, This project furthers the City’s goal of providing improved waterfront access to all citizens and visitors, including children and those with mobility impairment and WHEREAS, The project implements the Cayuga Lake Waterfront Revitalization Plan, furthers progress on the Cayuga Waterfront Trail, a six mile multi-use loop that connects all significant attractions and interprets historic resources along Ithaca’s waterfront, is listed as a “Key Park Rehabilitation Project” in the Stewart Park Rehabilitation Action Plan, and restores meaning to a site around the pavilions that have lost their historic function for gathering, performance and viewing Cayuga Lake, now, therefore, be it RESOLVED, That Carolyn Peterson, as Mayor for the City of Ithaca, is hereby authorized and directed to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 11 of the Environmental Protection Act of 1993 in an amount not to exceed $240,000 for a total project cost of $320,000.00 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 to design and construct a performance pier at Stewart Park, and be it further RESOLVED, That the 25 % local share of this grant application will be derived from in- kind services and community contributions through the Cayuga Waterfront Trail Initiative and the Chamber of Commerce and no City funds will be expended. 10.5 A Resolution Authorizing the Issuance of an Additional $650,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Stormwater Site Improvements at Water and Sewer Facilities, in and for said City 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 class of objects or purposes of paying part of the cost of stormwater site improvements at water and sewer facilities, including survey work, installation of catch basins, fence replacement, repavement of site parking and stock yard, and incidental improvements and expenses, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $650,000 bonds pursuant to the provisions of the Local Finance Law. Said class of objects or purposes is hereby authorized at the new maximum estimated cost of $910,000. Section 2. The plan for the financing of such $910,000 maximum estimated cost is as follows: a) By the issuance of the $260,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated December 5, 2007; and b) By the issuance of the additional $650,000 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 forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law, computed from January 17, 2008, the date of the first bond anticipation note issued therefor. 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. 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 6. 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 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, including, but not limited to, the power to sell said serial bonds to the New York State Environmental Facilities Corporation, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 10.6 A Resolution Authorizing the Issuance of an Additional $59,774 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Slope Stabilization on the Southeast Side of the Spencer Street Traffic Circle, in and for said City. 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 slope stabilization on the southeast side of the Spencer Street traffic circle to prevent slope failure, including incidental improvements and expenses, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $59,774 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $345,774. Section 2. The plan for the financing of such $345,774 maximum estimated cost is as follows: a) By the issuance of the $286,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated December 3, 2008; and b) By the issuance of the additional $59,774 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 five years, pursuant to subdivision 35 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. 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 6. 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 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 10.7 A Resolution Authorizing the Issuance of $670,000 Additional Serial Bonds of the City of Ithaca, Tompkins County, New York to Pay the Additional Cost of the Reconstruction of the Columbia Street Pedestrian Bridge, in and for said City. WHEREAS, all conditions precedent to the financing of the capital improvement 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 purpose of paying additional cost of reconstruction of the Columbia Street Pedestrian Bridge, in and for the City of Ithaca, Tompkins County, New York, including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $670,000 additional bonds of said City, pursuant to the provisions of the Local Finance Law, 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. Section 2. The maximum estimated cost of said specific object or purpose is now determined to be $2,397,628 and the plan for the financing thereof is as follows: a) $1,447,628 bond previously authorized pursuant to a bond resolution dated and duly adopted on December 2, 2009; b) $670,000 additional bonds herein authorized; and c) $100,000 monies of said City to be received from Cornell University and hereby appropriated therefor. d) $180,000 monies from Capital Reserve Fund for bridge construction hereby appropriated therefor. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 92, based upon subdivisions 1, 4 and 10 of paragraph a of Section 11.00 of the Local Finance Law, computed from June 15, 2010, the date of the first bond anticipation note issued therefor. 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. 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 6. 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 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 10.8 City Controller’s Report 10.9 Possible Motion to Enter Into Executive Session to Discuss Labor Negotiations - Resolution 12. NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine Tasting at the WITH Public Radio Remote Live Broadcast - Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for local wine (and cheese) tastings as part of the Downtown Ithaca Alliance/WITH Public Radio Remote live broadcast that will focus on what to do, see, and taste in Ithaca and Tompkins County on the Commons, July 9, 2010; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine tastings at a “King Ferry Winery - Maker of Trelevan Wines” booth during the Downtown Ithaca Alliance/WITH Public Radio remote live broadcast on the Ithaca Commons on July 9, 2010, and, be it further RESOLVED, That the Downtown Ithaca Alliance and “King Ferry Winery - Maker of Trelevan Wines” shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the “King Ferry Winery - Maker of Trelevan Wines” shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment of Assistant City Attorney – Resolution RESOLVED, That Patricia O'Rourke be and hereby is appointed to the position of Assistant City Attorney, at the 2010 Management Compensation Plan salary of $70,915, effective August 2, 2010. 14.2 Reappointments to Disability Advisory Council – Resolution RESOLVED, That Erin Sember be reappointed to the Disability Advisory Council with a term to expire June 30, 2013, and be it further RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with a term to expire June 30, 2013, and be it further RESOLVED, That Jason Anderson be reappointed to the Disability Advisory Council with a term to expire June 30, 2013.