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HomeMy WebLinkAbout07-03-13 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, July 3, 2013, 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 Appointment of Ithaca City Police Chief — Resolution 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 DPW — Amendment to Water & Sewer Personnel Roster - Resolution 8.2 Attorney — Uniform Notice of Claim Act Designation - Resolution 8.3 Human Resources - Establishment of Civil Service Application Fees - Resolution 8.4 Youth Bureau - Request to Amend 2013 Budget — Youth Employment Service - Resolution 8.5 Fire Department — Request to Award 2013 Budget for New York State Grant - Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: No items were submitted for the agenda 10. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: 10.1 Update on last meeting from Committee Chair Mohlenhoff 11. CITY ADMINISTRATION COMMITTEE: 11.1 Attorney - Approval to Become an Amicus Curiae in Actions Involving Municipal Home Rule In The Court of Appeals of the State of New York - Resolution 11.2 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code entitled "Water and Sewers ", Sections 348 -28 "Sewer Mains" and 348 -30 "Service Pipes" to Amend Sub - Sections 348- 30(A), (C), (G) and Add (1) Common Council Agenda July 3, 2013 Page 2 11. CITY ADMINISTRATION COMMITTEE - CONTINUED: 11.3 Planning, Building and Economic Development - Establishment of Capital Project for the Cascadilla Boathouse - Resolution 11.4 DPW - To establish a Capital Project to fund repairs and upgrades to the portion of the "Upper Cascadilla Creek Walkway" adjacent to 504 Stewart Ave 11.5 A Resolution Authorizing the Issuance of $31,887,112 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improve- ments in and for said City 11.6 City Controller's Report 12. REPORTS OF SPECIAL COMMITTEES: 13. 13.1 13.2 14. 14.1 14.2 14.3 15. 15.1 16. NEW BUSINESS: Support for the Tompkins County Clerk's Application for Funding from the New York State Consolidated Funding Application for Shared Services Under the Local Government Efficiency Grant - Resolution Authorization for the City Clerk to Enter into a Five -Year Agreement with Tompkins County for the Tompkins Shared Services Electronic Records Repository (TSSERR) - Resolution INDIVIDUAL MEMBER — FILED RESOLUTIONS: Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the South Wall of the Seneca Street Parking Garage Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the West Spencer Street Retaining Wall Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the Rear Stairwell of the Green Street Parking Garage MAYOR'S APPOINTMENTS: Appointments to Various City Boards /Committees — Resolution REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. 18.1 19. 19.1 REPORT OF CITY ATTORNEY: Brief Introduction to Sidewalk Task Force Proposed Local Law - 10 minutes MINUTES FROM PREVIOUS MEETINGS: Approval of the June 5, 2013 Common Council Meeting Minutes — Resolution Common Council Agenda July 3, 2013 Page 3 20. 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. ulie Conley Holcomb, CMC City Clerk Date: June 27, 2013 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 DPW — Amendment to Water & Sewer Personnel Roster - Resolution WHEREAS, a Geographic Information System Specialist in the Water and Sewer Division of the Department of Public Works has requested a temporary reduction in her workweek from forty (40) hours /week to thirty -four (34) hours /week, and WHEREAS, the Water and Sewer Division is willing to accommodate this request, now, therefore, be it RESOLVED, That the workweek of one Geographic Information System Specialist position in the Water and Sewer Division of the Department of Public Works be and hereby is reduced from forty (40) hours /week to thirty -four (34) hours /week from July 8, 2013, through July 11, 2014, pursuant to the employee's request, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees' Retirement System, the standard workday for this position shall be established at six and eight /tenths (6.8) hours per day (thirty -four (34) hours per week). 8.2 Attorney — Uniform Notice of Claim Act Designation - Resolution WHEREAS, on December 17, 2012, Governor Andrew Cuomo signed the Uniform Notice of Claim Act, which allows notices of claim against the City of Ithaca to be served on the New York Secretary of State as an agent for the City, and WHEREAS, the Act requires the City to file with the Department of State by July 15, 2013, a Certificate of Designation for Service of Notice of Claim specifying the City official to whom the Secretary of State should forward notices of claim served on the Secretary as an agent for the City, and WHEREAS, the City Clerk receives and processes notices of claim served on the City; now, therefore be it RESOLVED, That the City of Ithaca designates the New York Secretary of State as an agent for service of notices of claim in accordance with and as required by the Uniform Notice of Claim Act, and be it further RESOLVED, That the City Clerk is appointed as the City official to whom the Secretary of State should forward notices of claim served on the Secretary, and be it further RESOLVED, That the Mayor shall file the completed Certificate of Designation for Service of Notice of Claim with the Department of State. 8.3 Human Resources - Establishment of Civil Service Application Fees - Resolution WHEREAS, Section 50.5(b) of New York State Civil Service Law allows for the establishment of application fees for civil service examinations, and WHEREAS, the Ithaca Civil Service Commission wishes to establish a schedule of application fees for the Police Officer and Firefighter examinations, and WHEREAS, the implementation of application fees is subject to the approval of Common Council; now, therefore, be it RESOLVED, That the Ithaca Common Council hereby establishes the following schedule of application fees for the Police Officer and Firefighter examinations as recommended by the Ithaca Civil Service Commission: Tompkins County Residents: $15.00 All Other Applicants: $75.00 and be it further RESOLVED, That the above application fees shall be waived for residents of the City of Ithaca, and be it further RESOLVED, That pursuant to Section 50.5(b) of New York State Civil Service Law, the above application fees shall be waived for candidates who certify that they are unemployed and primarily responsible for the support of a household and for candidates who are receiving public assistance, and be it further RESOLVED, That no refunds of application fees shall be provided, and be it further RESOLVED, That applications submitted without the required application fee or waiver shall be disapproved, and be it further RESOLVED, That the above schedule of fees shall be implemented immediately. CC Item #8.3 CITY OF ITHACA -108 East Green Street Ithaca, Ne brk 14850-5690 OFFICE 0F.HUMAN RF 'S0jTR(' _,F,,S / OVIL SERVICE Telepbone- 6071/274-6539 Fax, 6071/274-65 74 MEMORANDUM To: City Administration Committee From: Valerie Saul, Deputy Director of Human Resources W"O City of Ithaca residents: fee waived Tompkins County residents: $15 All other applicants: $75 I IN, ��I ! I I III, ROPER 1, Offset the $12.50 per applicant fee charged by the NYSDSC. 2. Offset the administrative costs associated with the exams. 3. Screen out applicants who apply for the exam then fail to appear for it, and eliminate the correspondin ' g expenses associated with their applications. The current failure-to- appear rate for each exam is approximately 21 %. "An Fqual Opportunity Employer with a commitment to workforce diversification.' 0 CC Item #8.3 Letter to City Administration Committee re: Civil Service Application Fees Page 2 4. Screen out applicants from other counties who apply for the Ithaca exams to keep their options open, but subsequently drop out of the hiring process because they have no real interest in employment with the City of Ithaca, and eliminate the corresponding expenses associated with their applications. Historically, the majority (60%) of the applicants for these exams (and our examination costs) have come from outside of Tompkins County, with the vast majority (typically 80%-85%) of those applicants dropping out of the hiring process prior to even being interviewed. The Commission is required by NYS Civil Service Law to waive application fees for unemployed heads of households and individuals receiving public assistance, and the Commission has also proposed waiving the fee for City of Ithaca residents who already pay for examination services through property taxes and/or rent that includes property taxes. With respect to out-of-county residents, the goal is not to eliminate applicants from other counties entirely; we are simply trying to discourage out-of-county applicants who are not genuinely interested in working for the City of Ithaca from applying for our exams and generating the associated costs. 8.4 Youth Bureau - Request to Amend 2013 Budget — Youth Employment Service - Resolution WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $150,075.85 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short -term subsidized internships for low- income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 Youth Bureau budget as follows.. Increase Anticipated Revenue: A7310- 4820 -1202 Youth Employment Service $141,817.16 A7310- 4820 -1400 Administration $8,258.69 Total $1501075.85 Increase Expenses: A7310- 5120 -1202 Part time /Seasonal $118,487.00 A7310- 5125 -1202 Overtime $2,000.00 A7310- 5425 -1202 Office Supplies $750.00 A7310- 5445 -1202 Travel & Mileage $711.00 A7310- 5460 -1202 Program Supplies $1,000.00 A7310- 5120 -1400 Part time /Seasonal $1,000.00 A7310- 5460 -1400 Program Supplies $700.00 A7310- 5475 -1401 Property Maintenance $2,583.00 A7310- 5476 -1401 Equipment Maintenance $2,583.69 A7310- 5480 -1401 Building Maintenance $1,222.00 A7310- 9030 -1400 FICA /Medicare $9,218.00 A7310- 9040 -1400 Workers Compensation $9,821.16 Total $150,075.85 nth U're X.0 QG Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, NY 14850 Phone: 607 - 273 -8364, Fax: 607 - 273 -2817 "Building a foundation for a lifetime" To: City Administration Committee From: Suki Tabor, Program Coordinator Liz Vance, Acting Director Re: Youth Bureau Budget Amendment Date: June 20, 2013 CC Item #8.4 We have been advised, by the Tompkins County Workforce Investment Board that we will receive $150,075.85 in funding for Tompkins Summer Youth Employment Program. We are processing the final contract and are pleased to be able to offer summer employment to additional teens this summer. We would like to amend the 2013 Youth Bureau budget as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board Account # A7310- 4820 -1202 Youth Employment Service $1419817.16 Account # A7310- 4820 -1400 Administration $81258.69 Total $150,075.85 Increase expenses: Account # A 7310 -5120 -1202 Part time /Seasonal $1185487.00 Account # A 7310 -5125 -1202 Overtime $200.00 Account # A 7310 -5425 -1202 Office Supplies $750.00 Account # A 7310 -5445 -1202 Travel & Mileage $711.00 Account # A 7310 -5460 -1202 Program Supplies $1,000.00 Account # A 7310 -5120 -1400 Part time /Seasonal $1,000.00 Account # A 7310 -5460 -1400 Program Supplies $700.00 Account # A 7310 -5475 -1401 Property Maintenance $2,583.00 Account # A 7310 -5476 -1401 Equipment Maintenance $2,583.69 Account # A 7310 -5480 -1401 Building Maintenance $19222.00 Fringe Benefits $19,039.16 Total $150,075.85 Thank you. Grant Application Grant Application Project No. HM09- 1017 -E00 Work Plan Goal: Grantee Name City of Ithaca CC Item #8.5 7/16/12 8:33 AM HazMat 07/16/2012 To promote the development of regional partnerships among the State HazMat community; to build sustainable WMD /HazMat Response and Decontamination Capabilities; and to enhance the standing of the State's HazMat teams within FEMA's "typing system ". Objective #1 G & T Workplan Code - 05. Establish /enhance regional response teams. Investment Justification - WMD /HazMat Response and Decontamination Target Capability Primary - WMD /HazMat Response and Decontamination To enhance region I response teams. Task #1 for Objective #1 Purchase and place into service chemical detector. # Performance Measure Identify equipment ordered and received. Provide a brief narrative on the status of training personnel and how the project 1 enhanced the regional hazmat capabilities to respond to an all hazards event. Equipment accountability records are properly maintained. Task #2 for Objective #1 Reaional hazmat team members to attend allowable trai Performance Measure Training conducted. Provide brief narrative and report number of personnel trained; roster of attendees maintained on file and how the proiect enhanced regional hazmat prevention, response or recovery capabilities. httpsi/ /grants. security.state.ny.us /Project /ReportApplication.jsp Page 4 of 11 CC Item #8.5 Grant Application 7/16/12 8:33 AM Grant Application HazMat Project No. Grantee Name HM09- 1017 -E00 City of Ithaca 07/16/2012 Specific Questions Question #1 Have you attached the Notice of Endorsement Template signed by all the Fire Coordinators of the counties in your regional application? Yes /No Answer Yes Question #2 Have you either provided to the Office of Fire Prevention and Control (OFPC) or completed and attached to this application your federal and state NIMS Typing Worksheets? Yes /No Answer Yes Question #3 Have you completed the Request for Applications (RFA) Worksheet and attached it to this E-G rants application? Yes /No Answer Yes Al. Description of Regional Partnership: Partners The Regional Partnership formed for the purpose of the 2009 Hazardous Materials Grant Program will be Tompkins, Cayuga, Cortland and Tioga Counties. Each of these counties is also partnered with Chemung, Ontario, Seneca, Schuyler and Steuben County to form the Central New York Regional Hazardous Materials Consortium (Consortium). The Consortium covers a vast amount of square mileage and a variety of industry, terrain, population base and infrastructure. It was determined at the October Consortium meeting, that the needs of the consortium in its entirety vary due to the sheer size and area covered. Logistically, it makes sense to break up the consortium into contiguous "smaller" regions for the 2009 Hazardous Materials Grant Programs. The need exists to supplement chemical detection capabilities as technology and chemical natures have changed and advanced since the advent of the New York State Weapons of Mass Destruction / Hazardous Materials initiatives began. While Tompkins is the submitting partner for a consortium sub - group, the equipment choice is based on overall consortium needs assessment. B1. Description of Project The Workplan and budget data has been submitted in the E -Grant system. There are two budget items; the first is for the purchase of the Environics ChemPro 100i US CBRN Kit and the second is funding for a train -the- trainer session for the detector. The ChemPro 100i is a handheld Chemical Warfare Agent (CWA) and Toxic Industrial Chemical (TIC) gas and vapor detector. ChemPro 100i is multi- sensor technology device employing combination of open - loop ion mobility spectrometry (IMS) and metal oxide semiconductor gas sensors, temperature and humidity sensors. The ChemPro has no consumables and is designed for low life cycle and operating costs. While the ChemPro offers similar capabilities as the APD -2000, its next generation IMS technology will provide advanced and increasingly accurate detection abilities. Increase detection will aid in product identification, which will have a measurable impact on the partnership's regional WMD /HazMat Response and Decontamination capabilities. Currently, no member of the partnership (or Consortium as a whole) possesses this second generation technology. B2. Cost of Proposed Projects The proposal is divided into two projects. The first project (highest priority) is the purchase of the Environics ChemPro 1001 US CBRN Kit. The projected cost of the project is $20,000. In addition to the kit, this includes user interface software and a four -year service contact. Christopher Wrenn, Sr. Director of Sales & Marketing for Environics USA provided the cost estimate. The second project is funding to cover the personnel cost for five hour of training for two members of each of the four partners. The projected cost of the project is $2,000. (Based on $50 per hour cost for eight team members for five hours). In E- Grant, the budget has been broken down to provide each participating county https: / /grants. security. state.ny.us /Project /ReportAppIication.jsp Page 5 of 11 CC Item #8.5 Grant Application 7/16/12 8:33 AM Grant Application HazMat Project No. Grantee Name HM09- 1017 -E00 City of Ithaca 07/16/2012 Budget Summary by Participant City of Ithaca Tioga County Ithaca Fire Department - Version 1 # Personnel Number Unit Cost Total Cost Grant Funds Matching Funds 1 Overtime and /or Backfi[I for Trainin 1 $2,000.00. $2,000.00 $2,000.00 $0.00 Justification: Two members from each partner team to attend half day (5 -Hour) train - the - trainer session. Personnel cost to cover personnel in attendance or back -fill personnel. Total $2,000.00 $2,000.00 $0.00 # Equipment AEL Number Unit Cost Total Cost Grant Funds Matching Funds 1: Chemical Gas Vapor Detector 07CD- 01 -DPSI 1 $20,000.00 $20,000.00 $20,000.00 $0.00 Justification: Provide partners with ability to do field analysis of potential WMD /CBRN products. See RFA attachment for further information regarding increased capabilities and justifications. Cost estimate based on information from Christopher Wrenn Sr. Director of Sales & Marketin , Environics USA. Total $20,000.001 $20,000.001 $0.00 Version 1 Total Total Cost Grant Funds Matchin Funds $22,000.00 1 $22,000.00: $0.00 Cortland County Cayuga County Advance Request Advance: $0.00 Justification: https: / /grants.security. state. ny. us /Project /ReportApplication.jsp Page 6 of 11 CC Item #8.5 Grant Application 7116/12 8:33 AM Grant Application HazMat Project No. Grantee Name HM09- 1017 -E00 City of Ithaca 07/16/2012 Allocation Budget Summary by Participant City of Ithaca Tioga County Ithaca Fire Department Version 1 # Personnel Number Unit Cost I Total Cost Grant Funds Matching Funds Overtime and /or Backfill for Trainin 1 $2,000.00 $2,000.00,11.1-.1- $2,000.00 $0.00 G and T Work lan Code Description ERR 05. Establish /enhance regional response teams. National Priority..._ Code I Description SCD 106. Strengthen CBRNE Detection, Response, and Decontamination Capabilities Priority Project Code Description 56 56) Training: Overtime /Backfill/Travel and Per Diem Costs associated with participation in FEMA.... Spending Subcategor Code Description Amount Training- Overtime and backfill for emergency preparedness and response personnel TOB $ 2,000.00 attending FEMA- sponsored and approved training classes Total $ 2,000700 Spending Discipline Code Description Amount THM Training- HazMat $ 2,000.00 Total $ 2,000.00 Equipment Number Unit Cost Total Cost Grant Funds Matchin Funds mical G V Detector 1 NE as apor $20,000.00 $20,000.00 $20,000.00 $0.00' G and T Workplan Code Description ERR 05. Establish /enhance regional response teams. National Priority https:/ /grants. security. state. ny. us /Project /ReportApplication.jsp Page 7 of 11 8.5 Fire Department — Request to Award 2013 Budget for New York State Grant - Resolution WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of Homeland Security Hazardous Materials Grant in the amount of $22,000, and WHEREAS, the City of Ithaca, as the lead recipient, is responsible for the financial execution and administration of the grant, and WHEREAS, the Homeland Security Grant period was recently extended to July 31, 2013, and WHEREAS, Homeland Security Grant will be used to purchase a chemical detection device on New York State Contract for $20,000, and WHEREAS, the remaining $2,000 will be used for training costs for City of Ithaca employees and or agents of partner agencies; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 authorized City budget by the amount not to exceed $22,000 to be used for said chemical detection equipment and training as follows: Increase Revenue Account: A3410 -3989 State Aid Increase Appropriation Accounts: A3410- 5225 -12150 Other Equipment A3410- 5440 -15150 Staff Development $22,000 $20,000 $2,000 11. CITY ADMINISTRATION COMMITTEE: 11.1 Attorney -Approval to Become an Amicus Curiae in Actions Involving Municipal Home Rule In The Court of Appeals of the State of New York - Resolution WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws were challenged in court by opponents claims that the Towns did not have the power to regulate natural gas drilling as a land use through zoning, and WHEREAS, the Town of Ulysses filed an amicus curiae or "friend of the court" brief in both lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New York State to determine what land uses are appropriate in its community through municipal home rule law powers granted by the NYS Constitution and the NYS Municipal Home Rule Law, and WHEREAS, the City of Ithaca joined with the Town of Ulysses and a coalition of over 50 other municipalities from across the State to file these amicus curiae briefs in the Appellate Division, Third Department in 2012, and WHEREAS, the Appellate Division, Third Department, ruled in favor of the Towns of Dryden and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al., and Cooperstown Holstein Association v. Town of Middlefield, and WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association ( "Appellants ") recently filed motions for leave to appeal each decision to the Court of Appeals — the State's highest court, and WHEREAS, if the Appellants are granted leave to appeal to the Court of Appeals, the Town of Ulysses will seek leave to file amicus curiae brief(s) with the Court and will file such brief(s) if leave is granted, and WHEREAS, the Town of Ulysses has requested that other municipalities in the State consider joining the municipal coalition supporting its amicus brief(s) to send a powerful statement to the Court of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about the importance of protecting municipal home rule in New York State and a municipality's right to decide, for itself, whether natural gas drilling, or any other land use, is appropriate for its citizens; now, therefore be it RESOLVED, That the Common Council hereby determines that it is in the public interest of the citizens of the City of Ithaca to support municipal home rule by joining in the amicus brief(s) being filed in the Court of Appeals by the Town of Ulysses and a coalition of municipalities from across the State, and be it further RESOLVED, That the Common Council hereby authorizes and directs the Mayor to complete or cause to be completed any and all such further documents and papers in the name and on behalf of the City as the Mayor deems necessary or appropriate to carry into effect the foregoing resolution, and be it further RESOLVED, That the City Clerk will promptly send a certified copy of this adopted resolution to the Town of Ulysses, 10 Elm Street, Trumansburg, NY, 14886. CC Item #11.1 TOWN OF ULYSSES 10 Elm Street Trumansburg, NY 14886 (607) 387 -5767 Fax (607) 387 -5843 June 12, 2013 i al Home Rule: Briefs on Municipal Re. Amicus Curiae p Norse Energy Corporation USA v. Town of Dryden, NY Slip Op. 515227 (3d Dep't, May 2, 2013) Cooperstown Holstein Corp. v. Town of Middlefield, NY Slip Op. 515498 (3d Dep't, May 2, 1013) Dear Supervisor or Mayor: Thank you for participating in the statewide coalition of municipalities and municipal organizations that filed amici curiae ( "friends of the court ") briefs on behalf of the Towns of Dryden and Middlefield in the appellate cases above. These cases addressed the vitally important issue of municipal home rule powers in zoning matters. As you know, Dryden and Middlefield revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities. These laws were quickly challenged in court by the plaintiffs claiming that the Towns did not have any municipal home rule law powers to control gas drilling as a land use. The plaintiffs argued that these important local decisions should be made solely by the drilling industry and the NYSDEC, not the municipalities to be affected. The Town of Ulysses strongly disagreed with that position. As a result, with your help and support, Ulysses filed amicus briefs in these lawsuits with the Appellate Division, Third Department. A copy of the brief that was filed in the Dryden case is attached for your review. A similar brief was filed in the Middlefield case. The brief outlines in detail the arguments we made in support of home rule. We are happy to report that both Dryden and Middlefield won their cases before the Appellate Division. The court upheld the Towns' home rule powers to control gas drilling as a land use through zoning. The court's decisions are attached for your review. As a coalition member, your Town was recognized in the court's decisions (see page 4 on the Town of Dryden decision). The next and final step in these cases is an appeal to the Court of Appeals — the State's highest court. The plaintiffs have now filed applications seeking permission to appeal to this Court. However, the Court of Appeals has discretion to hear the case. If the Court agrees to take the case, the Town of Ulysses believes it is critically important that the coalition of municipalities again file amicus curiae brief(s) in support of our home rule rights on this issue. We need to be prepared to act quickly as we anticipate the deadline for action will be some time in August. CC Item #11.1 Once again, Ulysses is asking its sister Towns, Villages and Cities to join together in amicus brief(s) on this appeal. Your municipality previously passed a resolution either in late 2011 or in 2012 agreeing to participate in the amicus filings before the Appellate Division. We would like to again include your municipality as one of the 53 that joined the original coalition and reiterate the powerful statement to the Court of Appeals, the NYS Department of Environmental Conservation, and the State Legislature about the importance of protecting municipal home rule and each municipality's right to decide which land uses are appropriate for its residents. In addition, we will reach out to more municipalities who support home rule but have not yet joined the coalition. It is important to note that the coalition's amicus brief is not about whether a municipality supports natural gas drilling or not. In fact, the enclosed brief does not take a position with respect to that issue. Rather, the brief is about a municipality's legal right to decide for itself, now or in the future, whether gas drilling (or any other land use for that matter) is an appropriate use for its citizens. Ulysses strongly believes that such a local decision should not be made by a private company or by the NYSDEC. Instead, the people who live in the municipality should decide for themselves what is best for their future, at any given moment. There is no cost to your municipality to join the amicus brief(s) on this final appeal. Our Town has secured the funding to cover the legal costs related to preparing and filing such brief(s). Moreover, it is important to understand that by agreeing to join the amicus brief(s) your municipality will not become a party to this appeal. It will simply be characterized as a "friend of the court." Please call your attorney if you have any concerns about continuing as an amicus. Please confirm your municipality's willingness to continue as a member of the coalition for this next step before the Court of Appeals by passin the attached resolution and sending it to us as soon as possible, but no later than July 26, so that we will be ready to proceed with the application to file amicus brief(s) in August 2013. Either mail a certified copy to 10 Elm Street, Trumansburg, NY 14886 or send via email to liz.graeper.thomas @gmail.com. Please feel free to give me a call at 607 - 387 -5767 extension 232 if you have any questions. I greatly appreciate your attention to this important issue that will undoubtedly affect hundreds of municipalities across our State and millions of our citizens. In unity, zabe homas, Supervisor, Town of Ulysses 11.2 An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code entitled "Water and Sewers ", Sections 348 -28 "Sewer Mains" and 348 -30 "Service Pipes" to Amend Sub - Sections 348- 30(A), (C), (G) and Add (1) Ordinance #2013 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows.. Section 1. Section 348 -28 of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Except when variations are specifically approved by the Board, all sewer mains will be eight -inch cernen+- aches +os SDR35 PoIVVinVICloride (PVC) Sanitary Sewer Pipe. B. All sewer mains shall be laid according to the Specifications for the Construction of Sanitary Sewers Connecting to the Sewerage System of the City of Ithaca, New York, copies of which are obtainable at the City Engineer's office or from the Superintendent of the Water and Sewer Division of the Department of Public Works. C. All proposed plans and specifications for sewer mains must be approved by the Board of Public Works and installed under the supervision and inspection of the Water and Sewer Division of the Department of Public Works. Section 2. Section 348 -30(A) of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Materials used. (1) All sanitary sewers (laterals) from the back of the curbline to the sewer main in the street must be of four -inch extra -heavy cast -iron hub - and - spigot pipe or Class 2400 Gement be +„s pipe in five foot Ieng+ SDR35 PolyVinylChloride (PVC) sanitary sewer pipe for installations 4 -feet to10 -feet deep, and SDR26PVC sanitary pipe for installations over 10 -feet deep and of such quality as required by the inspector. No quarter bends or tees shall be used. All such pipe shall be installed by the Water and Sewer Division inside the city and by a duly licensed plumber or sewer layer outside the city. (2) All sanitary sewer laterals from the curbline to the building must be either four -inch diameter extra -heavy cast -iron hub - and - spigot pipe or Qeme asbestos house GonneGtion pope, to be laid On norninal five foot len SDR35 PVC sanitary sewer pipe (four -inch diameter for single- to four - family houses and six -inch diameter for five - family houses and up). Section 3. Section 348 -30(C) of the City of Ithaca Municipal Code is hereby amended to read as follows: C. Cast -iron sewer pipe joints. (-) A jL" watertight rubber -ring type gasket large enou h designed to hold the spigot end of the pipe in the center of the hub must be rarnmed into installed at each point. with an,ron hammer. The joints must then he with and filler) ith melted virgin lead and c;aulked so as to form a r neat, even and watertightjoint. (2) The Gernent asbestos joint shall be of the rubber ring-type joint. Section 4. Section 348 -30(G) of the City of Ithaca Municipal Code is hereby amended to read as follows: G. In all new sewer services and whenever an old service is dug at or near the trap, a cleanout wye shall be placed in the line on the street side of the house trap, with a length of pipe leading to the surface of the ground or cellar floor. A suitable clean -out cap shall be leaded installed in this pipe to facilitate cleaning the service from the trap to the main. Section 5: Section 348 -30 of the City of Ithaca Municipal Code is hereby amended to add the following subsection (I): I. For any service in which any other variety of pipe shall be placed than that specified in this Section or where an opportunity is neglected to replace service pipes not in compliance with this Section with service pipes compliant with this Section, the Board reserves the right to have the water shut off from said premises until such service pipes have been installed in accordance with this Section. Section 6. Severability. 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 7: Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. CC Item #11.2 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850 -5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274 -6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274 -6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: Krin Flaherty Date: June 14, 2013 Subject: Amendments to Chapter 348 regarding sewer service lines This Ordinance makes changes to the City's Sanitary Services legislation. These changes do not require the approval of the State as they are compatible and not more restrictive than the State Plumbing Code. The changes are intended to update the City's specifications for sewer service lines to reflect current practice. In addition, these changes would duplicate a similar provision already existing in Chapter 348 relating to water service lines for sewer service lines. Namely, 348 -19 informs property owners that they must upgrade water service if an opportunity exists to easily make upgrades to current code specifications. If the property owner neglects to do so, the City may shut off water service. This proposal to add subsection 348 -30(I) would inform property owners, whose sewer service lines are not up to current code, risk water service shut off if they fail to upgrade when an opportunity exists to make the upgrade. This change is intended to encourage property owners on the Commons to upgrade all services during the utility installation phase of the Commons project. It is in everyone's interest to complete all upgrades now. Later excavation of the Commons to repair service lines would be much more costly to the property owner and would create a significant disruption in the use of the Commons. "An Equal Opportunity Employer with a commitment to workforce diversification." 11.3 Planning, Building and Economic Development -Establishment of Capital Project for the Cascadilla Boathouse - Resolution WHEREAS, on July 2, 2012, the Ithaca Common Council passed a resolution authorizing the submission of a New York State Consolidated Funding Application for grant monies to support a small rehabilitation project at the Cascadilla Boathouse that would allow for the use of the second floor on a limited occupancy basis, and WHEREAS, that grant application was successful and funds in the amount of $75,290 were awarded to the City by the State, and WHEREAS, the authorizing resolution that was submitted with the original grant application was found by the State not to have met their requirements for form and content, and WHEREAS, a revised resolution authorizing submission of the grant and execution of the contract between the City and the State was passed by Common Council on May 1, 2013, and WHEREAS, that revised resolution did not provide for the establishment of a capital project, and WHEREAS, establishment of a capital project is required so that funding for the boathouse project may be received and utilized by the City, now, therefore be it RESOLVED, That the Ithaca Common Council does hereby establish Capital Project #789 Cascadilla Boathouse Renovations in an amount not to exceed $75,290 for the purpose of renovating the Cascadilla Boathouse at Stewart Park, and be it further RESOLVED, That funds for said renovation project shall be derived from a General Fund Advance with later repayment by New York State Grant EPF- 126000 and by private matching funds, to include, but not necessarily be limited to, donations from Cascadilla Boat Club and the Friends of Stewart Park. 11.4 DPW - To establish a Capital Project to fund repairs and upgrades to the portion of the "Upper Cascadilla Creek Walkway" adjacent to 504 Stewart Avenue - Resolution WHEREAS, the Board of Public Works (BPW) at its April 8, 2013 meeting reviewed the staff recommendations contained in the memorandum "Repair to Cascadilla Creek walkway — four scope options" dated April 2, 2013, and discussed the matter with staff in attendance, and WHEREAS, the BPW stated its preference in pursuing Option 2, which essentially includes acquiring a few extra feet of width for a reconstructed sidewalk, as well as replacing the stairs and railing adjacent to 504 Stewart Avenue, and WHEREAS, the BPW at its May 16, 2013 meeting recommended that Common Council establish a capital project in the amount of $70,000 to fund the design, right of way acquisition, construction, and inspection costs for the project, and WHEREAS, the BPW also recommended that Common Council work with neighbors and other potential stakeholders to decide whether to expand the scope of work (and therefore the budget) beyond the gorge rim walkway adjacent to 504 Stewart Avenue, e.g., to do preliminary design for the length of the walkway from Stewart Avenue to Linn Street, WHEREAS, Common Council reviewed the BPW recommendation at its meeting on June 5, 2013 and referred the matter back to the BPW to further consider public input and the scope of work, and WHEREAS, the BPW at its June 24, 2013, meeting heard from a few neighbors, discussed the project, and revised its recommendation to include a request to establish a capital project to repair the walkway adjacent to 504 Stewart Avenue but without acquiring any right -of -way and instead staying within the existing four - foot -wide easement, and also to include a request to the Department of Public Works (and Common Council, if additional funding is required) to make limited asphalt repairs to the walkway lower down the hill; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project # 788 in the amount not to exceed $51,000 for design, construction, and inspection costs related to the repair of the upper Cascadilla Creek Walkway adjacent to 504 Stewart Avenue and repairs to the lower walkway as stated, and be it further RESOLVED, That funds needed for said project shall be derived from a General Fund advance with the later repayment from the issuance of serial bonds. CC Item # 11.4 BUDGET s a H :, rrerAr, ,,vnlkway replacement t 504 Stewart Ave Replace 4 ft sidewalk with railing in that width, replace stairs. Budget TNL 6/25/2013 Estimate PROFESSIONAL SERVICES Architect 15.0% $5,175 Reimbursibles $1.500.00 sidewalk $9,120 stairs $4,444 railing $8,550 subtotal $22,114 Testing $1;200.00 Contingency 113.0 "II $788 Sub -total $8,663 CONSTRUCTION CONTRACTS Contract 1 $30,D00,00 $22,114 Contract 2 mob $2,211 Contract 3 prof & overhead $2,211 Contract 4 WZTC $2,211 DPW - labor DPW - materials $28,749 Contingency 5.0`ro $4,500.00 Sub -total $34,500 IN -HOUSE Inspection 9.0% $3.105,00 Owner's rep. $1;500.00 Attorney 2.0% $690.00 Miscellaneous reimbursibles X1,000 -00 Finance 2.0% $989 Sub -total $7,284 TOTAL PROJECT COST $50,447 TNL 6/25/2013 ZkeJeVJ 11,5- BOND RESOLUTION DATED JULY 3, 2013. A RESOLUTION AUTHORIZING THE ISSUANCE OF $31,887,112 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two- thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $31,887,112 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a specific object or purpose, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and /or expenses in connection therewith, is as follows: OHSUSA:160131457.8 a) Improvements to the Ithaca City Water Treatment Plant, in and for said City, at a maximum estimated cost of $30,700,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $30,700,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law calculated from August 3, 2007, the date of issuance of the first obligations thereof. The serial bonds herein authorized are in addition to $6,000,000 of $8,120,000 serial bonds heretofore authorized for water system improvements by bond resolution dated and duly adopted January 5, 2000, the maximum estimated cost of the capital project now being $36,700,000; b) Replacement of the roof at the Central Fire Station, in and for said City, at a maximum estimated cost of $360,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $360,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; c) Construction of a multi use trail between Floral Avenue and the Flood Control Channel in and for said City, at a maximum estimated cost of $130,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $130,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of OHSUSA:160131457.8 -2- the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law calculated from August 5, 2011, the date of issuance of the first obligations therefore. The serial bonds herein authorized are in addition to $92,000 serial bonds and $324,000 serial bonds heretofore authorized therefor by bond resolutions respectively dated and duly adopted July 6, 2011 and December 11, 2011, the maximum estimated cost of the capital project now being $546,000. d) Replacement of the water main on Edgecliff Place in and for said City, at a maximum estimated cost of $60,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $60,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; e) Reconstruction of streets to construct safe routes to local schools in and for said City, including improvements to roads, sidewalks, curbs, gutters, traffic calming measures, bicycle lanes and related improvements, at a maximum estimated cost of $297,950. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $297,950 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; OHSUSA:160131457.8 -3- f) Reconstruction of heating, ventilation and air - conditioning systems at the Central Fire Station in and for said City, at a maximum estimated cost of $63,662. It is hereby determined that the plan for the financing of such specific specific object or purpose shall consist of the issuance of $63,662 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific specific object or purpose is 10 years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that said specific object or purpose, while related to that authorized in bond resolution dated and duly adopted December 5, 2007, for $275,000 for multiple fire station improvements, constitutes a new object or purpose; g) Construction of a new sanitary sewer main on Seneca Way in and for said City, at a maximum estimated cost of $45,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $45,500 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; h) Reconstruction of the Six Mile Creek wall and ramp in and for said City, at a maximum estimated cost of $180,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $180,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific OHSUSA:160131457.8 -4- object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law; and i) Reconstruction of sidewalks on Cornell Street in and for said City, at a maximum estimated cost of $50,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $50,000 bonds of the $31,887,112 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $31,887,112, and the plan for the financing thereof is by the issuance of the $31,887,112 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. 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 OHSUSA:160131457.8 -5- Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best OHSUSA:160131457.8 -6- for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. OHSUSA:160131457.8 -7- CC Item #11.5 City of Ithaca Bond Resolution Information CA Meeting 6/26/13 Bond Resolution The City normally borrows funds twice a year January and August. To borrow funds Council must first authorize the issuance of the bonds This request is to approve the authorization of Capital Projects approved by Council since our last authorization in December 2012. The projects needed for authorization include projects approved since January 2013 and any Council previously authorized projects not yet included in a bond resolution. All projects are issued on a cash flow need basis, meaning that the funds will be issued over the next six months as cash is needed. Attached you will find the projects needed for authorization in the amount of $31,887,112. My concerns related to the City's heavy debt load continue and we need to find ways to reduce the high amount of debt we have. Going forward, the high annual debt costs will restrict use of city funds for other uses. We are required to pay our debt first. Our current debt outstanding not including this issue is $94,082,355. While $31,445,087 of our out- standing debt is related to water, sewer or wastewater and is exempt from the debt limit, we still have a significant amount of general outstanding debt, $62,637,268. It's important to note that some of our debt is borrowed upfront and will be later repaid from state and federal sources. A roll call two- thirds vote of the entire voting strength of Common Council is needed for approval in July. The total issuance for August will be $15,949,162 plus renewal of the BANS coming due. Of the new money, $2,843,662 is General Fund bonds. The other $13,105,500 is for Water and Sewer Fund bonds. The largest amount of the $31,887,112 authorization relates to the water plant project at $30,700,000. This project will significantly increase our outstanding debt and issued BANS for the next two years. We are issuing $13,000,000 with this issue and will issue another significant amount next year. The general fund issues are several much smaller amounts. Interest rates have held steady since our last issuance when we borrowed at 1.00% with a premium. We expect to borrow these funds through Bond Anticipation Notes at interest rates between .30% and 1.00 %. We will also look at going Ion -term with some of the outstanding BANS as interest rates for long -term issues remain lower, in the 3.5% to 4.2% range. We expect some slow increase in the rates over the next year. The investment rate has been steady as well and is currently between .15% and .50 %. Interest rates are very low for short-term borrowing with a bond rating of Aa or better. Our current bond rating is Aa2 as recalibrated by Moody's. This rate is two rates below AAA. We had several bidders on our last issue. While the interest rate market is great for borrowing, you must be able to afford it. At some point these interest rates will start to head up and if we continue to have the large outstanding debt, it will put even more strain on our budgets. N C O N j O w y Ur > W C7 7 M ¢ v w L C O N - � O N :6 O O d p c m U) D V �O Cl) O m m N E E <'n p p o o cv o � m o I to o0 CD -o N 00 I E ,O' 10. c'7 ,n Z LO cIDD O o k E i i 69I L. ' (I I I i .... .. N to m! m i m I �� i •C. , i i i @ m j I -o C o. ! I i $. i 1 IO ibI p clj _O o E ° (gyp z' 1 ` I tM ``p° I ! 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NEW BUSINESS: 13.1 Support for the Tompkins County Clerk's Application for Funding from the New York State Consolidated Funding Application for Shared Services Under the Local Government Efficiency Grant - Resolution WHEREAS, the Tompkins County Clerk's Office intends to apply for funding through the New York State Consolidated Funding Application (CFA) for monies to continue its efforts to increase efficiencies in local services delivery of services and through shared services and support related to records management systems and WHEREAS, the City of Ithaca has supported the County Clerk's Office in previous funding applications and looks forward to future opportunities for shared services and inter - municipal cooperation which result in savings for its constituents and WHEREAS, the City of Ithaca anticipates cooperating with and joining in future shared services offered and /or supported by the County whenever feasible; now therefore be it RESOLVED, That Common Council does hereby fully support the Tompkins County Clerk's Office in its pursuit and application for funding for shared services through a Local Government Efficiency Grant 13.2 Authorization for the City Clerk to Enter into a Five -Year Agreement with Tompkins County for the Tompkins Shared Services Electronic Records Repository (TSSERR) - Resolution WHEREAS, Tompkins County has initiated and secured grants for the Tompkins County Shared Services Electronic Records Repository (TSSERR) which is a shared service hosted by the County and made available to all municipalities within the County and WHEREAS, the participating members of the TSSERR, including the City Clerk's Office, have drafted a set of By -Laws and a Group Agreement which have been presented to its members and the Tompkins County Operations Committee, and WHEREAS, the City Clerk has been in discussion with the Tompkins County Clerk's Office and the County's Information Technology Department regarding shared services, including resources and staff, for records management purposes and has determined that this agreement would be mutually beneficial to both entities; now therefore be it RESOLVED, That Common Council does hereby authorize the Mayor or City Clerk to enter into the Tompkins County Shared Services Electronic Records Repository Group Agreement on behalf of the City of Ithaca subject to the approval of the City Attorney. 14. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14.1 Alderperson Smith - Resolution to Select Artwork for a Mural Installation on the South Wall of the Seneca Street Parking Garage WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010, and WHEREAS, members of the Two Row Wampum Renewal Campaign issued a Request for Proposals for the "Honoring Indigenous Cultures" mural project in commemoration of the 400th anniversary of the Two Row Wampum Treaty, and WHEREAS, Onondaga Nation artist Brandon Lazore was selected by the Cayuga Nation Elders for the "Honoring Indigenous Cultures" mural project, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on June 26, 2013 to gather input on the proposed installation, and WHEREAS, PAC members have also sought input from City staff, and all of the responses to the proposed mural have been positive, and WHEREAS, the proposed mural will be financed by donations and would be budget - neutral to the City, and WHEREAS, at its meeting on June 26, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select Brandon Lazore's "Honoring Indigenous Cultures" mural to be installed on the south wall of the Seneca Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Brandon Lazore's "Honoring Indigenous Cultures" mural to be installed on the south wall of the Seneca Street Parking Garage and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). t g k 0 Q ƒ &4 C) P-4 S 2 , / 2 ] ¢ ƒ \ ƒ 0, 2& £ f 8 \ / ®�2�\ \ /ƒ )�/ u //+ )\/ u •) u w a «u7�•2 ƒ ro- « § \'§ = u ©2 § § Cl v \ \ \ \ ƒ o ° 3 0 ƒ /f° � o o u § c + 2 S / / k G 0 ) 0 / ° i �° � � % u y \ > o c �/� r/ y ` 4 M ® t %'2 § § § m f / ) � ) { .] / k§5/ q / ƒ//ƒ 14.2 Alderperson Smith -Resolution to Select Artwork for a Mural Installation on the West Spencer Street Retaining Wall WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including retaining walls on West Spencer Street and downstream from the George Johnson Bridge (Plain Street over Six Mile Creek), by resolution on May 19, 2010, and WHEREAS, local artist Alice Muhlback submitted a mural proposal depicting a flower blossom and clouds as part of the PAC's Mural and Street Art Program, and WHEREAS, the PAC discussed Ms. Muhlback's mural proposal at its meeting on October 24, 2012 and, upon review of the potential mural sites pre- approved by the Board of Public Works, agreed that the West Spencer Street retaining wall would be an appropriate location for the proposed mural, and WHEREAS, the PAC held a public comment period on the proposed mural design and recommended location at its meeting on May 22, 2013 to gather input on the proposed installation, and WHEREAS, the artist has applied for grant funding to finance the mural, and the proposed installation would be budget - neutral to the City, and WHEREAS, at its meeting on May 22, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select Alice Muhlback's mural proposal to be installed on West Spencer Street retaining wall; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Alice Muhlback's mural proposal depicting a flower blossom and clouds to be installed on the West Spencer Street retaining wall and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of her mural upon the execution of an agreement with the City (as reviewed by the City Attorney). Alice Muhlback Mural Proposal 41 The risk to bloorn &'k UO Tic,) Cloud harvest This is a basic content sketch for a 1,500 foot long mural on the Spencer St. retaining wall. The artist will also be including other characters such as a turtle and raven as the wall extends and becomes lower in height. The concept will be done in a painterly style with outdoor paints as well as layers of spray paint and stencil images. At the highest point, the wall is approximately seven and a half feet high and decreases to two feet high. The artists will be painting the entire area. The intent is to create a symbolic inspiring visual in poetic form. H.?- 14.3 Alderperson Smith -Resolution to Select Artwork for a Mural Installation on the Rear Stairwell of the Green Street Parking Garage WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including walls in the City garages on Green Street and Seneca Street, by resolution on May 19, 2010, and WHEREAS, Will Schlough submitted his proposal for a large chandelier in a trompe I'oeil style as part of both the PAC's Mural and Street Art Program and the Downtown Ithaca Alliance's (DIA) Art in the Heart of the City program, and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on June 26, 2013 to gather input on the proposed installation, and WHEREAS, PAC members have also sought input from City staff, and all of the responses to the proposed mural have been positive, and WHEREAS, the artist will receive funding through the DIA's Art in the Heart program, and the proposed installation would be budget - neutral to the City, and WHEREAS, at its meeting on June 26, 2013, the Public Art Commission unanimously voted to recommend that the Common Council select the trompe I'oeil style mural submitted by Will Schlough to be installed on the rear stairwell of the Green Street Parking Garage; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the trompe I'oeil style mural by Will Schlough to be installed on the rear stairwell of the Green Street Parking Garage and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of his mural upon the execution of an agreement with the City (as reviewed by the City Attorney). (k�t 1� 3 Will Schlough Mural Proposal The above mural proposal will be created on the Green St. Garage's rear stairwell, which has already been approved by the city for a mural. The piece depicts a large chandelier in a trompe l'oeil style hanging above the entrance to the stairwell. The chandelier will have a bird's nest in it to which a bird will be returning. Given Ithaca's rich bird watching culture, I've been in contact with an avid birder in the area to discuss possible species to depict in the mural (the above proposal simply has a nondescript white bird). 15. MAYOR'S APPOINTMENTS: Appointments to Various Citv Boards /Committees - Resolution 15.1 Reappointments to Disability Advisory Council — Resolution RESOLVED, That Jason Anderson be reappointed to the Disability Advisory Council with a term to expire June 30, 2016, and be it further RESOLVED, That David McElrath be reappointed to the Disability Advisory Council with a term to expire June 30, 2016, and be it further RESOLVED, That Erin Sember -Chase be reappointed to the Disability Advisory Council with a term to expire June 30, 2016, and be it further 15.2 Appointment to Ithaca Urban Renewal Board — Resolution RESOLVED, That Chris Proulx be appointed to the Ithaca Urban Renewal Board to fill a vacancy, and be it further 15.3 Appointment to Rental Housing Advisory Commission — Resolution RESOLVED, That Carole Fisher be appointed to the Rental Housing Advisory Commission to fill a vacancy with a term to expire December 31, 2015.