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Home My WebLink AboutMN-CC-2023-01-04COMMON COUNCIL Voting Record Date: Wednesday, January 04, 2023 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: YouTube Link: 11:30 P.M. Part 1: https://www.youtube.com/watch?v=Z6Fe6tsiW6w Part 2: https://www.youtube.com/watch?v=QJq5j1LXYbM Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Mayor – Laura Lewis X 1st Ward – Cynthia Brock X 1st Ward – George McGonigal X 2nd Ward – Phoebe Brown X 2nd Ward - Ducson Nguyen X 3rd Ward – Jeffrey Barken X 3rd Ward – Rob Gearhart X 4th Ward – Jorge DeFendini X 4th Ward - Tiffany Kumar X 5th Ward – Robert Cantelmo X 5th Ward – seat vacant Total voting members for this meeting 9 Agenda Item: 1.1 Additions to the Agenda YouTube Timestamp: 00:36 Discussion Summary: Robert Cantelmo – Resolution to Hire Executive Search firm Laura Lewis – Add Executive Session to the end of the Meeting (10.1) Laura Lewis – Local Law as part of PEDC item 7.1 Agenda Item: 1.2 Reports of Municipal Officials YouTube Timestamp: 2:40 Discussion Summary: Tompkins County Legislator Veronica Pillar giving summary of Tompkins County meeting 1/3/2023. Discussed distribution of Community Recovery Fund grants. Discussed the Equitable Retention Mortgage Assistance Program (ERMA). Discussed upcoming renovations planned for County jail. Phoebe Brown asked about Community Recovery funds distribution to grass-roots organizations. George McGonigal followed up on Phoebe Brown’s question regarding funds to Cayuga Medical Center (CMC) amounting to $1,500,000. Agenda Item: 2.1 Oath of Office – Alderperson Elect Tiffany Kumar YouTube Timestamp: 11:47 Agenda Item: 2.2 Appointment of Acting (Ducson Nguyen) and Alternate (Rob Gearhart) Mayor YouTube Timestamp: 13:30 Agenda Item: 2.3 Appointment of Marriage Officers YouTube Timestamp: 15:22 Discussion Summary: All members of Common Council except for George McGonigal, as well as addition of former Alderperson Donna Flemming. Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 3.1 Petitions and Hearings of Persons before Council YouTube Timestamp: 17:07 Fay Gougakis – cell towers and Lime bikes James K. Smith – EMS George Apgar – Fire Department Felix Teitelbaum – Squeaky Clean Car Wash Jay Leeming – car wash on Meadow Street Zach Winn – Ithaca Shari Korthus – reimagining, police chief search, public employees Natalie Lester – follow up from BZA meeting Nevin Sabet – whole food plant based no oil diet Amanda Kirchgessner – BZA Holly Gump – variance for AT&T cell phone towers Sheila Out (remote) – variance for proposed antennas Penny Krainin (remote) – cell phone tower variance David Gallahan (remote) – AT&T wireless infrastructure Jerone Gagliano (remote) – BZA failed to follow City codes and variance process Andrew Molnar (remote) – Board of zoning Appeals Brian Walder (remote) – Zoning variance for AT&T Adam Monzella (remote) – cell antennae Rich Entlich (remote) – handling of AT&T small cell antennae application Agenda Item: 3.2 Privilege of the Floor – Mayor and Council YouTube Timestamp: 1:18:04 Phoebe Brown – Thanked public for comments regarding BZA meeting and cell antennae variances. Noted that these decisions will go back to the Director of Planning and not Common Council. Regarding CJC/RPS, it is going on far too long, and is wondering what the hold-up might be. Rochester has a model that moved forward much faster. Cynthia Brock – regarding BZA, community wants to be heard and have access to information prior to meetings. Big/heavy items should not be added to agendas to any Board last minute as they should be accessible and available for discussion. Need to have meetings broadcast again on cable access. Regarding BZA process, she shares frustration if process is not being followed. Regarding the CJC Advisory Board, it allows for regular, recurring ability to hear the voice of the public and effected communities. Cynthia then read a public statement regarding RPS and the results of the City’s internal ethics investigation (e.g. Smith report). Laura Lewis – The city had retained an independent council to conduct the ethics review, and the report is available online. No finding of ethics violation was found. Phoebe Brown – Executive Order 203 (New York State Police Reform and Reinvention Collaborative) was put in place to protect the lives of black and brown people. The city internal ethics report showed no violations, and RPS needs to move forward. Rob Cantelmo – regarding on RPS, focus on what comes next, and what needs to be done. Also spoke about site development project and mixed-use spaces in the community. He encourages committees to take the time to address these issues. George McGonigal – apologized to community members who felt the BZA process did not allow for full comments. All should be allowed to speak. Regarding tax abatements, George believed the tax rate increased 10% each year. If that is not correct, it needs to be addressed. Regarding regulations regarding wireless cell antennas, he believes the process and committee is doing its best to follow the proper processes. The final determination has not yet been made. Regarding the internal ethics investigation report, it is true that no ethics violations were found. However, massive problems with transparency occurred. Regarding CJC, George fully supports it. Jorge DeFendini – meetings need to be back on cable broadcast for public availability. He is also in support of the CJC. Trust needs to be continuing to be built between the community and the City. Agenda Item: 4.1 Special Presentation before Council – State of the City of Ithaca YouTube Timestamp: 1:44:00 Presented by Mayor Laura Lewis Agenda Item: 5.1 Motion to Enter into Executive Session to Discuss Contract Negotiations YouTube Timestamp: 2:00:05 Discussion Summary: none Motion to Approve: Robert Cantelmo Seconded by: Ducson Nguyen Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Note: YouTube video Part 2 begins here, and time stamps will be from this second video. Agenda Item: 5.1b Motion to Exit Executive Session YouTube Timestamp: 0:00:01 Discussion Summary: none Motion to Approve: Robert Cantelmo Seconded by: Ducson Nguyen Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 6 Consent Agenda YouTube Timestamp: 00:07 Discussion Summary: none Motion to Approve: Robert Cantelmo Seconded by: Phoebe Brown Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.1a Proposed Amendment Chapter 8 of the City Code Lead Agency, Declaration of Environmental Significance, Amended Ordinance An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission – Lead Agency YouTube Timestamp: 01:10 Discussion Summary: Lisa Nicholas and Rob Gearhart – City Code change to create new commission for Sustainability and Social Justice. Two items address environmental impact/review, one for amended ordinance, and one for local law. Rob Gearhart indicates that 1st become lead agency. Motion to Approve: Rob Gearhart Seconded by: Cynthia Brock Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.1b An Ordinance to Amend the Municipal Code Of The City Of Ithaca, Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission – Negative Declaration of Environmental Significance YouTube Timestamp: 05:35 Discussion Summary: none Motion to Approve: Rob Gearhart Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.1c Ordinance to Amend Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission YouTube Timestamp: 06:40 Discussion Summary: Cynthia Brock wanted to ensure that the resolution did state that the commission will advise Council. A couple of minor spelling mistakes were addressed and fixed. Ducson asked if there is a timeline for this and all commissions to restart. Phoebe Brown asked for clarification of the phrase “climate justice”. Lisa Nichols expanded on the idea. Motion to Approve: Rob Gearhart Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.1d Local Law to Amend Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission YouTube Timestamp: 14:15 Discussion Summary: Cynthia Brock wanted to make sure the online agenda packet includes the local law. It was also distributed to Council in December. Motion to Approve: Rob Gearhart Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.2 Authorize Restore NY7 Grant Funding Application YouTube Timestamp: 17:30 Discussion Summary: Phoebe Brown asked about the tax abatement process and how it relates to this. Nels Bohn indicates that this grant application has no tie to tax abatement. It only allows for the removal of buildings to allow for a new construction project on the site. Motion to Approve: Rob Gearhart Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.3 Annual Lead Agency Concurrence YouTube Timestamp: 23:00 Discussion Summary: Rob Gearhart indicated that this is an annual approval process. This is a general operating process rather that tied to a specific project. George McGonigal is going to oppose this resolution as he feels the Planning Board has a bit too much sway/control that should be with Common Council. Motion to Approve: Rob Gearhart Seconded by: Cynthia Brock Vote Passed 8-1 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 7.4 Approval of the Amended and Restated Development Agreement (DA) between the City of Ithaca and 121-125 Lake Street LLC YouTube Timestamp: 26:06 Discussion Summary: this is the former Ithaca gun site. This previous agreement was in place with former owners of the property and is now being made with the current owners. Motion to Approve: Rob Gearhart Seconded by: Cynthia Brock Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.1 Resolution to Approve Labor Liaison YouTube Timestamp: 28:20 Discussion Summary: Creates a Common Council liaison to City bargain unit negotiation sessions. Jorge DeFendini believes this is a good step in the right direction, and a quick response to the feedback of City employees. This should show good faith. Rob Gearhart indicated that he is concerned with the amount of time required if the liaison is to be at all negotiating sessions. Wants to change language from “Mayor’s Office appoints” to “Mayor Appoints”. Regarding 4th whereas, wants to know if there is actually past precedence for this as indicated. George McGonigal says that there is, but a long time ago. Phoebe Brown also wants to know what the resolution is based-upon. Rob Cantelmo suggested wording changes to the two resolves, but as the CA Chair and person who made a motion for this resolution does not believe he can. Tiffany Kumar made a motion for an amendment to remove to the words “commencing January 1st, 2023” from the first resolve, and change “January 1st” is the second resolve to read “Annually”. Motion for amendment seconded by Rob Cantelmo. George McGonigal expressed concern that the appointment can come at any time if it does not state January. Laura Lewis indicates that Council does not usually approve liaison appointments per the language “subject to the approval by Common Council”. Jeff Barken indicates that Council maintaining approval is crucial to show support of this process by Council to the workforce. George McGonigal indicated support to remove the 4th Whereas (regarding precedent), and to change in the 1st Resolve, “Nominate” to “Assign” and remove “Upon Approval of Council”. Several members of the Council express concern and questioned how much time would be required to be this liaison. Jeff Barken indicated that the liaison should report back to Common Council in executive session. HR Director Schelley Michell-Nunn was asked to speak. She indicated how many current contracts are being negotiated, and discussed that the schedule is not “set”. Contracts generally expire at different times, but negotiations do overlap. Phoebe Brown wondered if this should be called a liaison or something else. George McGonigal prefers it be called liaison. It is an observer who reports to Council. George suggests that there could be two liaisons, and not just one. Rob Cantelmo agrees that two might be good. The current resolution only says one liaison at this time. The new Resolves are as follows: RESOLVED That Mayor appoints two members of Council to be Common Council Liaison to City of Ithaca labor contract negotiations for the year 2023, commencing January 2023, and RESOLVED That this assignment be renewed and reassigned in accordance with Council rules and procedures for appointments of Council liaisons. Motion to Approve: Rob Cantelmo Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: Resolution to extend meeting time to 11:00 PM. YouTube Timestamp: 1:01:43 Discussion Summary: none Motion to Approve: Rob Cantemo Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.2 Resolution to Establish the Tompkins County Community Justice Center Advisory Board YouTube Timestamp: 1:02:30 Discussion Summary: George McGonigal wanted to see if under stakeholders “Harm Reduction Agency” was the right term. Laura Lewis indicated this was to keep the term generic and not agency specific. Motion to Approve: Rob Cantelmo Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.3 Resolution authorizing the issuance of an additional $2,896,100 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the costs of the East State Street-Martin Luther King Jr. Street improvements, in and for said City. YouTube Timestamp: 1:04:33 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.4 Resolution authorizing the issuance of an additional $2,000,000 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the costs of the design and construction of the East Hill fire station, in and for said City. YouTube Timestamp: 1:06:15 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Jorge DeFendini Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.5 Resolution authorizing the issuance of an additional $3,485,000 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the costs for the South Albany Street bridge replacement, in and for said City. YouTube Timestamp: 1:07:10 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.6 Resolution authorizing the issuance of an additional $985,000 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the planning and design costs for the Stewart Avenue bridge improvement over Fall Creek, in and for said City. YouTube Timestamp: 1:07:55 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.7 Resolution authorizing the issuance of $40,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of planning and design costs for the city court building roof and rooftop unit replacement, in and for said city. YouTube Timestamp: 1:08:40 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.8 Resolution authorizing the issuance of $150,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the planning and design cost of the Hector Street culvert replacement at Linderman Creek, in and for said city. YouTube Timestamp: 1:09:32 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Tiffany Kumar Roll Call Vote Passed 8-1 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.9 Resolution authorizing the issuance of $450,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the planning and design costs for the replacement of North Cayuga Street bridge over Fall Creek, in and for said city. YouTube Timestamp: 1:10:39 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.10 Resolution authorizing the issuance of $2,750,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the planning and design costs for the Black Diamond Trail extension, in and for said City. YouTube Timestamp: 1:11:57 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.11 Resolution authorizing the issuance of $275,700 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the replacement and upgrade of network switches and related equipment, for said city. YouTube Timestamp: 1:13:23 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.12 Resolution authorizing the issuance of $850,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of a heavy rescue truck, for said city. YouTube Timestamp: 1:14:06 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.13 Resolution authorizing the issuance of $920,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the Meadow Street water main replacement, in and for said city. YouTube Timestamp: 1:14:46 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.14 Resolution authorizing the issuance of $880,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the Meadow Street sewer main replacement, in and for said City. YouTube Timestamp: 1:15:39 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Tiffany Kumar Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.15 Resolution authorizing the issuance of $3,500,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of renovations to the former Immaculate Conception School, in and for said city. YouTube Timestamp: 1:16:20 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.16 Resolution authorizing the issuance of $150,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of design and planning of a new public safety facility, in and for said city. YouTube Timestamp: 1:17:17 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.17 Resolution authorizing the issuance of $323,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of maintenance equipment, in and for said city. YouTube Timestamp: 1:18:02 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.18 Resolution authorizing the issuance of $316,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of police vehicles, in and for said city. YouTube Timestamp: 1:18:48 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 8-1 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.19 Resolution authorizing the issuance of $25,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of a golf course top dresser, in and for said city. YouTube Timestamp: 1:19:40 Discussion Summary: Cynthia Brock had not seen this in the 2023 budget capital expenses breakout. Controller Steve Thayer indicated this is a breakout of an approval for DPW vehicles per procedure. Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.20 Resolution authorizing the issuance of $102,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of vehicles for the Youth Bureau and Planning/Building department, in and for said city. YouTube Timestamp: 1:21:46 Discussion Summary: n/a Motion to Approve: Rob Cantelmo Seconded by: Ducson Nguyen Roll Call Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 8.21 Member filed Resolution for Funds to Hire an Executive Search Firm YouTube Timestamp: 1:23:01 Discussion Summary: Search firm will be used to start a new Ithaca Police Chief national search. Cynthia Brock inquired regarding the funding amount. HR Director Schelley Michell-Nunn has researched search firms, and this is a good, conservative estimate of how much the search will cost. She expects the cost to be less than the amount in the resolution. George McGonigal indicated that he feels the search committees recommendation should be used. Phoebe Brown agrees and feels that we already have a worthy, local candidate. Jeff Barken concurs and believes the existing search candidates should be re-evaluated. Laura Lewis indicates that the search is failed, and a new search needs to be started. Rob Cantelmo believes a permanent Chief is needed, and this method will be expeditious. Cynthia Brock asked a process question – should candidates follow the same process as the last search once the search firm brings in new candidates? Is the firm only providing a list of candidates? Schelley Michell-Nunn indicates that is correct. George McGonigal stated again that he feels they already had the right candidate. However, he understands the need for the Chief to be picked, and will reluctantly support the resolution. Motion to Approve: Rob Cantelmo Seconded by: Tiffany Kumar Vote Passed 6-3 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 9.1 Mayor’s Appointments - Resolution – Confirming Appointment of Acting Director of Public Information and Technology / City clerk – Alan Karasin YouTube Timestamp: 1:35:20 Discussion Summary: Motion to Approve: Laura Lewis Seconded by: Ducson Nguyen Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X Agenda Item: 9.2 Motion to Move to Executive Session to discuss personnel matter. YouTube Timestamp: 1:36:25 Discussion Summary: Do not expect any voting items after. Will ask to forego Reports from Council and Staff after. Motion to Approve: Robert Cantelmo Seconded by: Jorge DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Tiffany Kumar X Robert Cantelmo X COMMON COUNCIL AGENDA ITEMS Date: 01-04-2023 Time: 6:00 PM Location: Common Council Chambers City Hall, 108 E. Green Street, Ithaca Item Voting Item Presenter(s) Time Allotted CALL TO ORDER 1.1 Additions to or Deletions from the Agenda 1.2 Reports of Municipal Officials 1.3 Proclamations and Awards No Mayor Laura Lewis 10 Mins SPECIAL ORDER OF BUSINESS 2.1 Oath of Office – Alderperson Elect 2.2 Appointment of Acting and Alternate Acting Mayor 2.3 Appointment of Marriage Officers No No Yes Mayor Laura Lewis Mayor Laura Lewis Mayor Laura Lewis 5 Mins 5 Mins 5 Mins 3.1 Petitions and Hearings of Persons before Council 3.2 Privilege of the Floor – Mayor and Council No No *Note: See instructionson how to participateon page 4 of theagenda. 40 Mins SPECIAL PRESENTATIONS BEFORE COUNCIL 4.1 State of the City of Ithaca No Mayor Laura Lewis 15 Mins EXECUTIVE SESSION 5.1 Motion to Enter into Executive Session to Discuss Contract Negotiations No Mayor Laura Lewis 30 Mins CONSENT AGENDA 6.1 Finance/Controller – Designation of Official Newspaper 6.2 Finance/Controller – Collateral to Secure Deposits 6.3 Finance/Controller – Public Employee’s Blanket Bond 6.4 Finance/Controller - Designation of Common Council Meetings 6.5 Finance/Controller – Designation of Official Depositories 6.6 Common Council – Approval of Travel Policy 6.7 Resolution for Fire Department Fee Increase 6.8 Resolution Authorizing Implementation and Funding Yes Common Council 5 Mins REVISED Item Voting Item Presenter(s) Time Allotted in the first instance 100% of the federal aid-eligible costs and State “Marchiselli” program-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 7.1 Proposed Amendment Chapter 8 of the City Code Lead Agency, Declaration of Environmental Significance, Amended Ordinance 7.2 RESTORE NY7 Grant Application 7.3 Annual Lead Agency Concurrence 7.4 Approval of the Amended and Restated Development Agreement (DA) between the City of Ithaca and 121-125 Lake Street LLC Yes Yes Yes Yes Director of Planning Economic Development, Lisa Nicholas Alderperson R. Gearhart Alderperson R. Gearhart City Attorney Ari Lavine, Assistant City Attorney Victor Kessler, Director of IURA Nels Bohn 10 Mins 5 Mins 5 Mins 5 Mins CITY ADMINISTRATION COMMITTEE 8.1 Resolution to Approve Labor Liaison 8.2 Resolution to Establish the Tompkins County Community Justice Center Advisory Board 8.3 Resolution authorizing the issuance of an additional $2,896,100 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the costs of the East State Street-Martin Luther King Jr. Street improvements, in and for said City. 8.4 Resolution authorizing the issuance of an additional $2,000,000 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the costs of the design and construction of the East Hill fire station, in and for said City. 8.5 Resolution authorizing the issuance of an additional $3,485,000 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the costs for the South Albany Street bridge replacement, in and for said City. 8.6 Resolution authorizing the issuance of an additional $985,000 bonds of the City of Ithaca, Tompkins County, New York, to pay part of the planning and design costs for the Stewart Avenue bridge improvement over Fall Creek, in and for said City. 8.7 Resolution authorizing the issuance of $40,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of planning and design costs for the city court building roof and rooftop unit replacement, in and for said city. 8.8 Resolution authorizing the issuance of $150,000 Yes Yes Yes Yes Yes Yes Yes Alderperson R. Cantelmo Alderperson R. Cantelmo Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins Item Voting Item Presenter(s) Time Allotted bonds of the City of Ithaca, Tompkins County, New York, to pay the planning and design cost of the Hector Street culvert replacement at Linderman Creek, in and for said city. 8.9 Resolution authorizing the issuance of $450,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the planning and design costs for the replacement of North Cayuga Street bridge over Fall Creek, in and for said city. 8.10 Resolution authorizing the issuance of $2,750,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the planning and design costs for the Black Diamond Trail extension, in and for said City. 8.11 Resolution authorizing the issuance of $275,700 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the replacement and upgrade of network switches and related equipment, for said city. 8.12 Resolution authorizing the issuance of $850,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of a heavy rescue truck, for said city. 8.13 Resolution authorizing the issuance of $920,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the Meadow Street water main replacement, in and for said city. 8.14 Resolution authorizing the issuance of $880,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the Meadow Street sewer main replacement, in and for said City. 8.15 Resolution authorizing the issuance of $3,500,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of renovations to the former Immaculate Conception School, in and for said city. 8.16 Resolution authorizing the issuance of $150,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of design and planning of a new public safety facility, in and for said city. 8.17 Resolution authorizing the issuance of $323,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of maintenance equipment, in and for said city. 8.18 Resolution authorizing the issuance of $316,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of police Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer Controller Steve Thayer 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins 10 Mins Item Voting Item Presenter(s) Time Allotted vehicles, in and for said city. 8.19 Resolution authorizing the issuance of $25,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of a golf course top dresser, in and for said city. 8.20 Resolution authorizing the issuance of $102,000 bonds of the City of Ithaca, Tompkins County, New York, to pay the cost of the purchase of vehicles for the Youth Bureau and Planning/Building department, in and for said city. Yes Yes Controller Steve Thayer Controller Steve Thayer 10 Mins 10 Mins MAYOR’S APPOINTMENTS 9.1 Resolution – Confirming Appointment of Acting Director of Public Information and Technology Yes Mayor Laura Lewis 10 Mins REPORTS FROM COUNCIL & STAFF 10.1 Reports of Special Committees 10.2 Reports of Common Council Liaisons 10.3 Report of City Clerk 10.4 Report of City Attorney No Common Council and Staff 10 Mins NEW BUSINESS 11.1 None MEETING WRAP-UP 12.1 Adjournment No Mayor Laura Lewis 5 Mins Hybrid Meetings Common Council has resumed meeting in person; however, due to limited seating capacity in Common Council Chambers, city staff and members of the public are encouraged to participate remotely if they would like to. How to Participate in Public Comment Virtually Email Common Council Through the Agenda Link Written comments can be submitted to Common Council using this form: Common Council Public Comment Form "An Equal Opportunity Employer with a commitment to workforce diversification." Ithaca: A great place to create, dream, live, learn, work, and play FOR IMMEDIATE RELEASE: January 6, 2023 CONTACT: Laura Lewis, Mayor City of Ithaca mayor@cityofthaca.org State of the City Address January 4, 2023 Over the course of this past year, the city has faced challenges as well as realized opportunities. The impact of the global pandemic continues to leave its mark on our community, our staff, and the services we provide to residents. It was only last spring that City Hall was fully reopened to the public and in-person meetings resumed following the expiration of the Governor’s Executive Order allowing for virtual meetings. Thanks to the expertise of staff and the technology in which the city has invested, the business of city government carried on with few interruptions. The public has access to live streaming of meetings, as well as recordings, and the opportunity to sign up to address council virtually, in-person, or in writing. Ithaca is not alone in feeling the ongoing human and financial strains of the pandemic. We are, however, unique, or so I believe, in that city staff have demonstrated extraordinary dedication, resilience, and creativity. The city’s first responders and many essential employees continue to work through holidays (as I’ve seen recently first-hand), often in less-than-ideal weather conditions, and in response to emergency situations. In a recent Senior Staff meeting, Department Heads praised the accomplishments of their staff, and I could not agree more strongly. I want to share some of the many 2022 staff Highlights/Accomplishments: • HR Director’s Office oversaw completion of a Compensation Study for city workforce (non-uniformed services); • HR worked closely with Department Heads on staffing and recruitment initiatives resulting in a successful search for the Director and Deputy Director of Planning and Development, hiring 2 new police officers, 2 new CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 MAYOR’S OFFICE LAURA LEWIS, MAYOR Telephone: 607-274-6501 Email: mayor@cityofithaca.org Fax: 607-274-6526 "An Equal Opportunity Employer with a commitment to workforce diversification." firefighters, a Special Events Coordinator, 4 positions in the Building Division, to name a few; • HR Department implemented a performance feedback/evaluation tool for certain staff positions; • HR oversaw the IPD building inspection and evacuation drill; • Under the advice of the Workforce Diversity Advisory Committee, the HR Director facilitated the process for Juneteenth as a recognized holiday for city employees; • HR implemented new DCJS standards for background investigations and psychological evaluations for Police Officers and updated Firefighter medical standards to reflect current NFPA recommendations; • Planning & Development/ED secured funding and commitment to build an all-electric commercial kitchen in the first fossil-fuel free conference center in the country; • Planning & Development coordinated the approval of 15 projects totaling $182,290,000 in investment in the city. • Completion of Founders Way, an affordable housing project with 75 apartments and 4 for-sale townhomes, is one project addressing the need for more housing; • Planning & Development Director and staff coordinated the work of an interdepartmental committee including the IURA that secured property and approvals for a new EHFS, and funding approval to acquire a site for a new public safety facility; • Planning & Development issued over 500 Building Permits and closed out over 250 of these, representing $1,265,000 in fees collected, the Building Division conducted over 525 housing inspections thus ensuring safety in our homes; • Progressed the City’s GND, launched Electrify Ithaca, received Community Climate Champion Award from US Green Building Council, led the passage of a Local Law enabling the city, in partnership with the Town and other municipalities, to establish a Community Choice Aggregation program; • Coordinated a Collegetown Business Walk with the Chamber • The retirement of the Former IFD Chief this year, as well as retirement of other city staff, highlighted the importance of succession planning. In the case of IFD, identifying the Acting Chief has been critical for the department and the city. We continue to work in close partnership with the Town to meet the fire safety needs of both communities; • IFD completed the city’s Plan Review process for a new East Hill Fire Station; "An Equal Opportunity Employer with a commitment to workforce diversification." • IFD replaced rescue equipment and provided additional training for Firefighters to ensure safety. Delivery of a new Pumper Truck is expected this spring; • Both GIAC and the IYB Cass Rink celebrated 50th Anniversaries this year and were able to once again sponsor programs for children and families that had been on hold for the past two years due to the pandemic. There is great need for childcare, including after school care, only part of that is being met by GIAC, SSCC, and the IYB; • GIAC made several COVID prevention upgrades to their building that were made possible through NYS’s Stabilization 1.0 Grant (at no cost to the city); • GIAC secured $2.3Million in Federal, State and Local funding for the new teen & recreation facility to be completed in 2023; • Ithaca was one of only three NY Macker tournaments not cancelled in summer 2022, a widely successful event with 90+ teams and hundreds of spectators; • IYB also secured significant outside funding to support programs for youth and families; • IYB hired 5 new employees, saw an increase in programs offered, including 182 Youth Employment Services (YES) teen jobs, Ithaca Youth Council Ambassadors with 20 students, 23 new matches in the Big Brothers Big Sisters program; • DPW S&F and W&S work diligently toward their planned goals, which are numerous, while responding in the moment to water main breaks, ice jams, and repairs to the city’s aging infrastructure as time and funding allow; • DPW Engineering staff focus on construction projects like the replacement of the S. Cayuga St bridge, design projects that are varied, the Sidewalk Improvement District plans to name a few notable examples. We also saw the opening of the newly rebuilt center section of the Green St Garage this spring; • DPW Superintendent researched and applied for a range of grant funding opportunities, he continues to work with NYSDEC on Cayuga Inlet dredging plans. Staff in a number of departments continue to seek funding opportunities to support our work, and this year we are grateful for support from Senators Schumer and Gillibrand; • The successful application and receipt of 2 Congressionally Appropriated funding awards, formerly known as earmarks, thanks to Sen. Chuck Schumer; • The Office of the City Attorney integrated two recent hires: Assistant City Attorneys, with a dedicated focus on land use and real estate matters; "An Equal Opportunity Employer with a commitment to workforce diversification." • The City Attorney’s Office prepared and supported various legislative packages, including that for the City Manager Local Law, “Hybrid Meetings” Local Law effectuating NYS-amended Open Meetings Law, and support for the Redistricting legislative process; • Additional core legal services have included support for the renegotiation and execution of the TCAT Transportation Services Agreement, supported the negotiation of funding agreement with the county for the Community Justice Center, negotiated and expedited execution of the bikeshare agreement; negotiated on IYB’s behalf to obtain chlorine to keep Cass Park Pool open during nationwide chlorine shortage; In January 2022, we welcomed four newly elected members to the Common Council, one member who was re-elected, and another who filled a vacancy in the 4th Ward. This evening a new 4th Ward Alderperson was sworn in (Congrats Alderperson Kumar!) and Council’s Vacancy Committee is moving forward with the process of recommending a 5th Ward Alderperson who will fill the seat vacated by my election as Mayor. There is an admitted steep learning curve coming into these new roles, in which we are again fortunate to have the benefit of our talented staff. The resounding passage of the public referendum in November 2022, ensures that we will expend considerable effort on transitioning to a new form of city government with a Council-Manager structure. There is much to be done as we further develop this organizational shift that will be fully implemented in January 2024. Incoming Chief of Staff Deb Mohlenhoff will focus her attention on preparing for this organizational change. Revised roles for the mayor and the first City Manager are critical aspects of this model, one that will allow for far greater efficiencies, improved effectiveness in serving the public, as well as increased transparency. For the past five years, it has been a privilege and continues to be my greatest honor to serve the city I love as Council member and now as Mayor. I look forward to the many challenges and opportunities we will face together throughout 2023. However, I am announcing tonight that I will not be seeking re-election for the position of Mayor in 2024. My long-standing commitment to public service has framed my work on Common Council, this has especially been the case throughout 2022 when I have served as Acting Mayor. I am confident in Ducson Nguyen’s ability to provide exceptional support as Acting Mayor (as he has this year as Alternate Acting Mayor) and in Rob Gearhart’s ability as Alternate Acting Mayor this year. I am grateful to each of them for accepting these roles as we move forward in 2023. "An Equal Opportunity Employer with a commitment to workforce diversification." 2023 Priorities: • Recruiting and hiring additional police officers and firefighters to plan for vacancies created by retirements; • Conducting a search and hire the first City Manager; • Transitioning to a permanent Chief of IFD and IPD; • City leadership will continue to work diligently on creating and sustaining an equitable and inclusive work environment where every employee can thrive; • Continuing to develop partnerships with our county colleagues on strategies for responding to complex issues affecting our neighbors (affordable housing and needs of unhoused people, crime prevention, substance disorders, and mental health responses); • Considering the forthcoming recommendations from two Working Groups, one on implementation of the city’s Reimagining Public Safety initiative and a second working group considering responses to Unsanctioned Encampments within the city; • Implementing the goals of the Ithaca Green New Deal which are moving forward under the direction of the Planning Director and the Sustainability Planner; • Reconstituting our City Commissions to encourage increased public engagement on issues; • Following up on take-aways from the City’s Outside Ethics Investigation to clarify and improve our internal processes; • Successfully reaching fair labor contracts with our collective bargaining units The 2022 accomplishments listed, and 2023 goals offer a snapshot of the work of our outstanding Department Heads and staff. Common Council’s legislative work is more effective as a result of these work accomplishments of staff. As a city, we are far from perfect, and we have many areas that will demand attention and resources in the future. City taxpayers require that we balance providing services with an awareness of the tax burden facing property owners and businesses. In this address tonight, it is impossible to capture all that city staff do week in and week out. A quote from Michelle Obama has been and my guiding principle, “Lead with HOPE, never FEAR”. I am optimistic and hopeful as we welcome in the New Year. 6. Consent Agenda 6.1 Finance/Controller - Designation of Official Newspaper RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2023. 6.2 Finance/Controller - Collateral to Secure Deposits RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M&T Bank as reported be approved as to form and sufficiency. 6.3 Finance/Controller - Public Employee's Blanket Bond RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2023. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $3,000,000 6.4 Finance/Controller - Designation of Common Council Meetings RESOLVED, That the regular meetings of the Common Council, for the year 2023, be held at 6:00 p.m., on the first Wednesday of each month, in Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York and through the City of Ithaca Public Meetings YouTube Channel unless otherwise determined by Common Council. 6.5 Finance/Controller - Designation of Official Depositories RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2023. 6.6 Common Council - Approval of Travel Policy WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2023; and, be it further RESOLVED, That the cost for all events must be derived from existing 2023 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. 6.7 Resolution for Fire Department Fee Increase WHEREAS, §181-9 F(1) and §181-16 C(1) of the Code of the City of Ithaca states the Fire Chief shall promulgate a fee schedule applicable to the permits and inspections authorized under such code; and, WHEREAS, §181-9 F(1) and §181-16 C(1) states that fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing, and issuing each of said permits; and, WHEREAS, §181-9 F(3) and §181-16 C(3) requires that any schedule and said changes proposed thereto shall be submitted to the Common Council for adoption prior to the collection of such fees; and, WHEREAS, the permit and inspection fee schedule is based on the cost of labor, fringe benefit, and operational costs of performing the inspections, plan reviews, and processing the permits; and, WHEREAS, the fees were last adjusted and approved by Common Council on December 1st, 2022, and the current fees do not reflect the actual costs of the service provided; and, WHEREAS, the proposed fee schedule for 2022 increases the hourly rate for inspections and plan reviews, from $60.00 to $65.00 per hour, and from $90.00 to $97.5 per hour for work performed during non-business hours, which will result in such fees reflecting current costs; and, WHEREAS, the prepared proposal includes additional permit fees for new operating permits required by 19 NYCRR Part 1203 approved on December 7th, 2022 by Common Council; and, WHEREAS, all operating permit fees will increase from $50 to $75 for permits previously authorized in 2022, $75 for permits approved on December 7th, 2022, and $100 for operating permits for outdoor assembly events; now, therefore be it RESOLVED, the Common Council of the City of Ithaca does hereby approve the proposed increase in permit fees as proposed; and, be it further RESOLVED, these changes shall be authorized upon adoption of this resolution by the Common Council, with an effective date of January 1st, 2023. Fire Department Fees 2023 Operating Permit Type Fee Comments Assembly, Hazardous Materials, Explosives Permit, Open Flame, Lumberyard, Woodworking, Fruit Ripening, High Piled Storage, Combustible Storage, Energy Storage Systems, Parking Garage, Sugarhouse Alternative Activity, Combustible Dust Operations, Flammable Finishes, Fumigation and Insecticidal Fogging, Tire Rebuilding and Tire Storage $75 Issued annually for a building, facility or separated occupancy, and does not include inspection or safety plan review fees. Permits for the same tenant space or building will be charged one fee for all permits required for the space, or building. Outdoor Assembly Events $200 Issued annually for a single tax parcel or adjoining parcels under the same ownership. The fee does not include inspection or safety plan review fees Elevator Permit $75/ unit Issued every 3 years Fireworks Permit $75 Per location/month and does not include inspection fees Bon Fire Permit $75 Per event/day and includes 1 inspection Outdoor Fireplace Commercial Occupancy $75 Issued annually and does not include inspection fees Asphalt Kettles $75 Per location/month and includes 1 inspection Temporary Propane Permit $75 1 month/venue and includes 1 inspection Temporary Propane Permit $150 6 months/venue and includes up to 2 inspections Temporary Propane Permit $200 12 months/venue and includes up to 4 inspections Food Truck Permit $75 1 month/venue and includes 1 inspection Food Truck Permit $150 6 months/venue and includes up to 2 inspections Food Truck Permit $200 12 months/venue and includes up to 4 inspections Hot Work Permit $75 1 month / firm or business and includes 1 inspection Hot Work Permit $150 6 months / firm or business and includes up to 2 inspections Hot Work Permit $200 12 months / firm or business and includes up to 4 inspections Fire Protection System Installation $75 Per system and does not include inspection or plan review fees. Fire Inspection, Plan Review and Fire Safety Review Rate $65/hour 6.8. A resolution authorizing implementation and funding in the first instance 100% of the federal aid-eligible costs and State “Marchiselli” program-aid eligible costs, of a transportation federal-aid project, and appropriating funds therefore. WHEREAS, a Project for the State St (Rt 79) Mill and Pave, P.I.N. 375620 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and WHEREAS, Common Council approved a Master Agreement for this project in January 2021 and a first supplemental agreement in March 2022, and WHEREAS, in anticipation of 2023 construction, Common Council approved $2,331,000 of additional funding for this project in the 2023 budget with the understanding that 80-95% of said funds would be reimbursable through the Transportation Improvement Program, and WHEREAS, estimate costs for construction and inspection exceed this additional $2,331,000 WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design, Construction and Construction Inspection; and WHEREAS, in accordance with the State Environmental Quality Review Act and the City’s Environmental Quality Review Ordinance, as a rehabilitation project, this project is exempt from further environmental review as Type II action, now, therefore, the Common Council, duly convened does hereby RESOLVED, that the Common Council hereby approves the above-subject project; and it is hereby further RESOLVED, that the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design, Construction and Construction Inspection work for the Project or portions thereof, and it is further RESOLVED, that the sum of $2,896,100 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, with the understanding that these funds are made up of: $2,331,000 -- Authorization in 2023 Adopted Budget, 80% is reimbursable $224,000 – Additional Federal Aid made available by NYSDOT, 80% is reimbursable $341,100 – Local share, to be submitted for CHIPs or State Touring Route reimbursement and it is further RESOLVED, that Common Council hereby amends Capital Project # 880, East State/MLK Jr. Street Mill & Pave, to include the additional Project costs of $2,896,100, bringing the total authorization to $3,296,100, and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, that the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 18% of said portion, currently estimated at $591,000 of the $3,296,100 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately Ordinance to Amend Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission WHEREAS: the City of Ithaca has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by the adoption of the Ithaca Green New Deal (IGND) on June 5, 2019; and WHEREAS; the IGND set out specific climate and social justice goals, and WHEREAS; Common Council subsequently funded two positions, a Director of Sustainability and Sustainability Planner to lay out a strategic plan and to coordinate across departments and community-wide to meet the stated goals, and WHEREAS; Sustainability staff, working in coordination with other staff and departments have, and will continue to, bring forward policies, plans and other proposals that may impact city operations, staffing, urban design, capital budgeting and existing programs, and other areas, and WHEREAS: a dedicated advisory group is needed to support this work to provide the guidance of subject area experts, coordinate public outreach and information and advice Council and other bodies on the impact of proposed initiatives, now, therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1.Council affirms its commitment to sustainability and social justice as laid out in the adoption of the IGND of June 5, 2019, and 2. In considering programs, policies, plans and initiatives to meet the goals of the IGND Common Council and other bodies, require the input and advise of subject area experts and outreach to and input from the public, 3. Therefore a dedicated Advisory Commission is needed to serve these and other related functions. Based upon the above findings, the intent and purpose of this ordinance is to create a Sustainability and Climate Justice Commission as a fifth Advisory Commission. 7.1 Proposed Amendment Chapter 8 of the City Code Lead Agency, Declaration of Environmental Significance, Amended Ordinance Section 2. Chapter 8 (Advisory Commissions) of Part I (Administrative Legislation) of the Code of the City of Ithaca, Section 8-2 (Establishment) is hereby amended as follows: § 8-2 Establishment The Common Council of the City of Ithaca hereby establishes the Public Safety and Information Commission; Community Life Commission; Mobility, Accessibility, and Transportation Commission; [and] Parks, Recreation, and Natural Resources Commission; and Sustainability and Climate Justice Commission. These Commissions shall be collectively known as the "advisory commissions." The advisory commissions serve the City of Ithaca, the City of Ithaca Common Council and committees thereof, and the City of Ithaca's quasi-judicial boards. The advisory commissions serve solely in an advisory capacity and, absent approval of the Common Council, may take no action binding the City, its officers, or employees. Section 3. Chapter 8 (Advisory Commissions) of Part I (Administrative Legislation) of the Code of the City of Ithaca, Article III (Community Life Commission), § 8-12 is hereby amended as follows: § 8-12 Purpose. The purpose of the Community Life Commission is to provide the Common Council, appropriate committees thereof, the City's quasi-judicial boards, and City staff with advisory research, public input, and analysis for matters related to community livability, arts and culture, diversity, community youth and youth development, seniors and aging, refugees and immigrants, college students, LGBTQIA+ issues, housing, [sustainability] food and food systems, and environmental remediation. Section 4. Chapter 8 (Advisory Commissions) of Part I (Administrative Legislation) of the Code of the City of Ithaca, Article III (Community Life Commission), § 8-13 subsections (H) and (I) are hereby amended as follows: H. To advise on issues [of sustainability,] related to food and food systems, and environmental remediation and contamination. I. To serve as a means of engaging in community outreach and receiving community input on the above-described subject matter in a manner consistent with the diversity[,] and accessibility [, and sustainability] goals of the City and in conjunction with all appropriate commissions, as necessary, to achieve such goals. Section 5. Chapter 8 (Advisory Commissions) shall be further amended so as to create a new Article VI thereof, entitled Sustainability and Climate Justice Commission, as follows: Article VI Sustainability and Climate Justice Commission § 8-19. Purpose. The purpose of the Sustainability and Climate Justice Commission is to provide the Common Council, appropriate committees thereof, the City's quasi-judicial boards, and City staff with advisory research, public input, and analysis for matters related to sustainability, climate justice and the City’s goals as described in the June 5, 2019 Resolution adopting an Ithaca Green New Deal. § 8-20. Duties. The duties of the Sustainability and Climate Justice Commission shall include, as needed, the following: A. To advise on issues and programs pertaining to sustainability and climate justice, such as waste reduction, electrification of buildings, electrification of the city fleet, renewable energy, equitable distribution of program benefits, etc, and B. To review and recommend policies, plans and programs to Common Council to implement the goals of the City’s Green New Deal, including but not limited to a climate action plan (CAP) and any subsequent updates, a Green Building Policy for existing buildings, and the Justice50 program framework, and C. To monitor progress towards the goals of the Green New Deal, including the goal that benefits are shared among all of our local communities to reduce historical social and economic inequities. D. To serve as a means of engaging in community outreach and receiving community input on the above-described subject matter in a manner consistent with the diversity, accessibility, and sustainability goals of the City and in conjunction with all appropriate commissions, as necessary, to achieve such goals. Section 6. Severability Clause. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall take effect in accordance with law upon publication of notices as provided in the Ithaca City Charter. Planning & Economic Development Committee Draft Resolution 12/20/2022 An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission – Lead Agency WHEREAS: Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 8, Entitled Advisory Commission of Part I (Administrative Legislation) to Establish a Sustainability and Climate Justice Commission and WHEREAS: this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 and is subject to environmental review, and WHEREAS: Common Council of the City of Ithaca, acting as lead agency, has reviewed and accepted as adequate a Short Environmental Assessment Form (SEAF) Parts 1-3 prepared by planning staff and other relevant materials, now, therefore, be it RESOLVED: that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED: that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Common Council 01/04/23 An Ordinance to Amend the Municipal Code Of The City Of Ithaca, Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission – Negative Declaration of Environmental Significance WHEREAS, Common Council is considering a proposal to amend Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated 01/04/2023, and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, that this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated 01/04/2023, and be it further RESOLVED, that this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, that this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. 1 | Page To: Planning & Economic Development Committee From: Lisa Nicholas, Director of Planning & Development Date: December 9, 2022 Re: Proposed Amendment to Amend Chapter 8 (Advisory Commission) of Part I (Administrative Legislation) of the Code of the City of Ithaca to Establish a Sustainability and Climate Justice Commission Last month, staff presented a proposal to amend Chapter 8 of the City Code to establish a fifth Commission to be named the Sustainability and Climate Justice Commission. The proposal has been circulated for comment and a public hearing has been advertised for the December 20th PEDC meeting. Any comments received will be forwarded to you before the meeting. Please find attached a draft ordinance and Environmental Review forms for your consideration on December 20th. A new Sustainability and Climate Justice Commission would serve a key role in supporting and advancing sustainability initiatives related to the City’s Green New Deal. In 2019, Common Council adopted specific climate and social justice goals, and subsequently funded two staff positions to promote, coordinate and lead the City’s sustainability work. New programs, plans and initiatives are being brought forward at a brisk pace and require the attention of a long-term dedicated advisory commission who can coordinate public outreach, advise Council and provide essential support including: •Provide guidance and professional expertise from community leaders and subject area experts; •Conduct public outreach and gather input on critical sustainability initiatives such as the Climate Action Plan, net zero transportation, community choice aggregation, electrification, etc. •Identify and propose needed policies and programs. •Review and evaluate proposals, programs, and policies in order to advise Common Council •Monitor and evaluate the progress of initiatives. At the last PEDC meeting, staff were asked to explore the option of redistributing Commission duties and assigning sustainability and social justice to an existing commission rather than creating a new body. We are still gathering information about this option and will come prepared for discussion at the December 20, 2022 meeting. Please feel free to contact me at lnicholas@cityofithaca.org with any questions prior to the meeting. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, AICP, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 108 E. Green St. Ithaca, NY 14850 Tel: (607) 274-6565 MEMORANDUM To: Planning & Economic Development Committee of Common Council From: Nels Bohn, IURA Director of Community Development Subject: Restore NY Round 7 Grant Application: Southworks Ithaca – Demolition and Abatement Date: December 8, 2022 The City of Ithaca is eligible to apply for up to $2 million through the Restore NY7 communities Initiative grant program to address vacant, condemned, and abandoned buildings. A mandatory intent-to-apply for Restore NY funding form was submitted in November for a project at the former Emerson Power Transmission factory complex, now branded as Southworks. The Common Council must approve the grant application following a public hearing to be eligible for Restore NY7 funding. Please find included the following documents: •Proposed Resolution approving the Restore NY7 grant application •Submitted Intent to Apply for Restore NY funding form •legal ad proof for 12/14/22 public hearing •Funding proposal for the Southworks Ithaca – Demolition and Abatement project The project sponsor is Shift Chainworks District Development, LLC (“Shift”) who will acquire the property now that environmental remediation has been completed to NYS standards for mixed-use development. Shift will lead redevelopment of the 95-acre vacant factory complex site. The Restore NY7 grant will ready the 111,000 SF building #24 for commercial use by abating lead paint and asbestos hazards and conduct selective demolition to promote site circulation and facilitate installation of an 850 ft. length of a public multi-use recreation trail. No City match funding is required. Please contact me at nbohn@cityofithaca.org with any questions about this matter. 7.2 RESTORE NY7 Grant Application 1 Proposed Resolution Planning & Economic Development Committee December 14, 2022 Authorize Restore NY7 Funding Application Whereas, the 2022-23 New York State budget provided $250 million for the Restore New York’s Communities Initiative (“Restore NY”), which are awarded in two rounds: •$100 million in round 6; applications due October 11, 2022 •$150 million in round 7; applications due January 27, 2023, and Whereas, the goals of the Restore NY program are to (1) revitalize urban centers, (2) induce commercial investment, and (3) improve the local housing stock, and Whereas, Restore NY funding is available only for projects involving the demolition, deconstruction, rehabilitation and/or reconstruction of vacant, abandoned, condemned or surplus properties, and Whereas, municipalities with populations under 40,000 are eligible to submit one project, not to exceed a request for $2,000,000 in each funding round, and Whereas, of six proposals received in response to a call for proposals, the following projects scored highest against state and local evaluation criteria: •Cayuga Street Rehabilitation, Urban Encore, LLC •Chainworks District – Building 24, Unchained Properties, LLC, and Whereas, the City submitted the Cayuga Street Rehabilitation project for Round 6 and is awaiting announcement of awards, and Whereas, the Chainworks District has been rebranded Southworks, and Whereas, a Restore NY7 application must include a municipal resolution in support of the application, proof that a public hearing was held on proposed application, and a site control affidavit for projects located on non-municipally owned property, and Whereas, the property owner has agreed to provide all required local match contribution, so no City funding is required; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby endorses a Restore NY7 application for up to $2,000,000 for the Southworks Ithaca – Demolition and Abatement project, sponsored by Shift Chainworks District Development, LLC that includes abatement of lead paint and asbestos hazards in building #24 and selective demolition of various buildings at the former Emerson Power Transmission factory complex located at 620 S. Aurora Street, and be it further 2 RESOLVED, that the City of Ithaca Common Council hereby finds the proposed project is consistent with the City comprehensive plan and Urban Renewal Plan; that the proposed financing is appropriate for the specific project; that the project facilitates effective and efficient use of the existing and future public resources so as to promote both economic development and preservation of community resources; and the project develops and enhances infrastructure and/or facilities in a manner that will attract, create, and sustain employment opportunities where applicable, and be it further RESOLVED, that the Mayor, upon advice from the City Attorney, is hereby authorized to take all actions necessary to submit a Restore NY7 application in accordance with this resolution, including, but not limited to, certification of the application, and be it further RESOLVED, that the Mayor is authorized to modify the proposal to address any unforeseen feasibility issues that would impact competitiveness of the application, and RESOLVED, that, if awarded, the Mayor, upon advice from the City Attorney, is hereby authorized to execute an agreement with the Empire State Development Corporation, and any other documents necessary to receive the Restore NY grant, as well as agreements with the property owner to implement the project, and be it further RESOLVED, the IURA is hereby authorized to administer and implement the City’s Restore NY7 grant award. 33525 I STREET | PHILADELPHIA, PA 19134 | 267-773-7969 SHIFTCAPITAL.US .A2 "<C2:/2? 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Examples of such projects include the Chainworks District Project, Carpenter Circle and 320 W Buffalo (the Immaculate Conception Site), and in 2023, Development on Inlet Island. As per the previously adopted resolutions, this arrangement ends on December 31 of each year and must be renewed annually. Please find enclosed a proposed resolution which extends this arrangement to December 31, 2023. The purpose of this arrangement is to make the environmental review process more efficient while, at the same time, keeping Council informed of its potential role in the environmental review of site plan projects. Environmental forms and project information would continue to be forwarded directly to Council members without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30-day deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead Agency. All comments from involved agencies are addressed during the environmental review. The Planning Board also has this arrangement with the Board of Zoning Appeals. If you have any questions, please contact me at 274-6516 CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 7.4 Approval of the Amended and Restated Development Agreement (DA) between the City of Ithaca and 121-125 Lake Street LLC Approve Amended and Restated Development Agreement for the Former Ithaca Gun Factory Site WHEREAS: A development agreement was executed in 2007 between the City of Ithaca and Fall Creek Redevelopment, LLC (“FCR”) to implement a public/private program for demolition, remediation, and redevelopment of the former Ithaca Gun factory site (“2007 Development Agreement”), and WHEREAS: 121-125 Lake St LLC acquired title to Tax Parcels 11.-3-1.22 and 11.-3-1.23 (the “Property”) in December 2021 from FCR and desires to address contamination at the Property and redevelop the Property for productive use as a multi-family residential project, and has already secured the necessary funding to complete the project; and WHEREAS: The City likewise desires to have the contamination at the Property remediated and returned to productive use such that it will be an asset to the neighborhood and the City; and WHEREAS: the City completed its obligations under the 2007 Development Agreement to secure funding for demolition of the former factory building and complete environmental remediation on Tax Parcel 11.-3-1.21, known as the Ithaca Falls Overlook Site, that was donated to the City from FCR; and WHEREAS: The City acknowledges that site conditions, market conditions, and ownership have substantially changed since 2007 requiring a revised agreement, but the fundamental objectives and commitments contained in the 2007 Development Agreement should be retained; now, therefore, be it RESOLVED that the Common Council does hereby approve the execution of an Amended and Restated Redevelopment Agreement Between the City of Ithaca and 121-125 Lake Street LLC, regarding redevelopment of the former Ithaca Gun Factory site, and be it further RESOLVED, that the Mayor for the City of Ithaca, subject to review by the City Attorney, is hereby authorized to execute the above referenced agreement in a form substantially in conformance with the draft attached hereto. 1 | Page To: Common Council, From: Lisa Nicholas, Director of Planning & Development Date: December 29, 2022 RE: Amended and Restated Development Agreement (DA) between the City of Ithaca and 121‐125 Lake Street LLC At the November meeting of the Planning & Economic Development Committee, the Committee approved the amended restated Development Agreement (DA) between the City of Ithaca and 121‐125 Lake Street LLC. Since that time, the Planning Board has issued a Negative Declaration of Environmental Impact for the project on December 20, 2022. Consideration for the approval of the agreement is scheduled for the January 3, 2023 Common Council Meeting. Please find attached the above‐referenced amended DA (which replaces a 2007 agreement, also included with these materials) for your consideration at the November 16, 2022, Planning and Economic Development Committee. I have also attached the Negative Declaration for your reference. The current owner of the site is moving forward with long‐waited redevelopment and cleanup plans. Due to many changes in site and market conditions since 2007, it was necessary to revisit and update the DA. Like the 2007 version, the amended DA dictates some terms and conditions of site redevelopment on both the 1.6 acre privately owned site and the adjacent City owned property. Note that the proposed redevelopment project (described below) is currently going through Site Plan Review under the direction of the Planning Board. A copy of the draft environmental review is attached for your reference. Additional project information can be found here: https://www.cityofithaca.org/DocumentCenter/Index/852 Site Background: The 1.63 acre site consists of two separate parcels: the eastern parcel being the site of the main operations of the former Ithaca Gun Company, and the smaller, western parcel that contains the smokestack. Immediately adjacent to the project site is a .95 acre parcel (the “Island”) that was conveyed to the City of Ithaca under the terms of the 2007 DA. The City of Ithaca’s adjacent property was remediated through the Environmental Restoration Program in 2017. The redevelopment site subject to this agreement is part of the Brownfield Clean Up program. Information about remedial actions and timelines can be found in the attached draft environmental assessment form. Proposed Site Redevelopment: The project sponsor proposes to build a four story apartment building and associated site improvements, including a publicly accessible trail and overlook on adjacent City‐ owned property. The building will have 77 market rate apartments with a mix of studios, one‐ and two‐bedroom units as well as 77 parking spaces (47 surface spaces and +/‐ 30 covered spaces under the building). Site improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore edges of the site. The building will be CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, AICP, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 2 | Page constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site development can occur, the applicant is required to remediate the site based on a soil cleanup objective for restricted residential use. A remedial investigation (RI) was recently completed at the site and was submitted to NYSDEC in April 2021. The project is in the R‐3a Zoning District and requires multiple variances. Major changes from the 2007 DA are summarized as follows:  Changes in property ownership  Changes in project program  Changes in site conditions such as: o Demolition of the factory o Remediation of the City parcel  Removal of provisions that have already been satisfied, such as: o Application and work related to the NYS Environmental Restoration Program and Restore New York have been completed o Easements and property transfers have been completed Public benefits required by the 2007 DA have been retained, including:  Construction and maintenance of site improvements at developer expense that will provide ADA‐compliant public access to the Island parcel and a public overlook of Ithaca Falls  Professional analysis of condition of Ithaca Gun smokestack, with option (but not obligation) to City to purchase underlying parcel Staff will attend the November 16, 2022, meeting to present the project and answer questions. Please contact me if you would like additional information or have question before the meeting at lnicholas@cityofithaca.orgr 607‐274‐6557 THE BREEZE AMENDED AND RESTATED REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF ITHACA AND 121-125 LAKE STREET LLC THIS AMENDED AND RESTATED AGREEMENT (the “Agreement”), entered into as of the ___ of December, 2022, is by and between the City of Ithaca (“City”) and 121-125 Lake Street LLC (“Developer”), concerning Tax Parcels 11.-3-1.21, 11.-3-1.22 and 11.-3-1.23 and commonly known as the former Ithaca Gun Factory site at 121 Lake Street in the City of Ithaca (each of the Developer and the City are referred to individually as a “Party” and collectively as the “Parties”). a. The Developer acquired title to Tax Parcels 11.-3-1.22 and 11.-3-1.23 (the “Property”) in December 2021 and desires to address contamination at the Property and redevelop the Property for productive use as a multi-family residential project (the “Project”), and the Developer and has already secured the necessary funding to complete the Project; b. The City likewise desires to have the contamination at the Property (and any related contamination on adjacent land currently owned by the City, including without limitation Tax Parcel 11.-3-1.21 (the “Donated Land”), which formerly constituted a portion of the Property), remediated as soon as practicable, and for a suitable portion of the Property to be redeveloped for productive use such that it will be an asset to the neighborhood and the City; c. Fall Creek Redevelopment LLC (“FCR”), a previous owner of the Property, in 2007 deeded the Donated Land to the City, subject to the terms and conditions set forth in a Development Agreement between FCR and the City dated September 27, 2007 (“2007 Development Agreement”); d. Each of the City and the Developer hereby acknowledge and agree that site conditions, market conditions, and ownership have substantially changed since the execution of the 2007 Development Agreement and consequently desire to update the 2007 Development Agreement in accordance with and subject to the terms and conditions in this Agreement to: i. reflect that Developer intends to develop a market-rate multifamily project; ii. affirm Developer's eligibility to apply to CIITAP and other state/local tax abatement programs; iii. reflect the Parties' intent to make the Island accessible to the general public; and iv. reflect that several provisions relating to Restore NY grants and the New York State Environmental Restoration Program contained in a previous version of this Development Agreement have been fulfilled by the City and prior owner of the Property, and remove the same from the Agreement to the extent that they have been satisfied. Now therefore it is hereby agreed that the 2007 Development Agreement is amended and restated on the following terms: Site Redevelopment 1. Reference is hereby made to a diagram the (the “Diagram”) prepared by SWBR, an architectural firm with offices in downtown Rochester and Syracuse (the “Architect”), showing a walkway specifically depicted on the Diagram (“Walkway”) connecting the Lake Street sidewalk to an 80-foot long bridge (the “Bridge”)to the scenic viewing location situated on a so-called island from which Ithaca Falls can be viewed (the “Overlook”) attached as Exhibit A. As of the date of this Agreement, the location of the Bridge is anticipated to be as set forth on the Diagram; provided, however, that each of the Parties acknowledges and agrees that the actual length and location of the Bridge shall be subject to City approval, taking into consideration final engineering recommendations provided by Developer’s design team. The final design of the Walkway, Bridge, and Overlook (collectively, together with any fence, platform, signage and all other associated features or elements, “Improvements”) shall also be subject to City approval, taking into consideration engineering and design recommendations provided by Developer’s design team as well as safety, accessibility, and other relevant factors. City approval shall consist of approval by the Director of Planning and Development, and site plan approval by the Planning and Development Board where applicable. 2. The Developer agrees to build and maintainthe Improvements on the Property and Donated Land, in accordance with the location, size, and other technical specifications depicted on the Diagram, or as otherwise agreed to by the Parties pursuant to Paragraph 1 of this Agreement, at its sole cost. For the avoidance of doubt, the traversable portions of the Walkway, Bridge, and Overlook and shall be at least 5 feet in width and ADA-compliant. The Walkway and Bridge shall allow for a clear, safe route for lightweight motor vehicles such as golf carts to reach the Overlook for maintenance, security, or emergency purposes; provided, however, that the Developer shall not be required to construct a bridge capable of supporting heavier vehicles such as conventional passenger cars. Developer shall grant a perpetual easement to the City over any portions of the Improvements located on the Property for non-exclusive public use during the hours between 8 a.m. and one-half hour after sunset, and for use by the City, for official purposes, at any time. The City shall grant a perpetual easement to the Developer over any portions of the Improvements located on the Donated Land granting Developer access, upon notice to the City, at any time for the purposes of effectuating its obligations under this Agreement to build and maintain the Improvements. The City shall further hold any portions of the Improvements located on the Donated Land open for non-exclusive public use, including by the Developer or its invitees, during the hours between 8 a.m. and one-half hour after sunset, subject to any closures required for maintenance, safety, or similar reasons. In the event that Developer fails to comply with its obligation to maintain the Improvements within a reasonable time after receiving written notice from the City of any required repairs or maintenance, the City shall be permitted to undertake such work with the costs thereof to be fully reimbursed by Developer within sixty days of Developer’s receipt of an invoice from the City. To the extent necessary, the Parties agree to either terminate or amend and restate the easement between the City and Fall Creek Development, recorded in the Tompkins County Clerk’s office as Instrument 536781-002(the “Property Easement”), to be consistent with the terms and conditions of this Agreement. Any work on or disturbance of the Donated Land shall comply with any applicable requirements of the 2017 Site Management Plan for the Donated Land and any revisions thereto, and any environmental easement, including the Environmental Easement between the City and NYSDEC dated December 8, 2017, relating to the Donated Land. 3. In the event that Developer has not commenced work on the site by August 1, 2023, Developer shall ensure that effective stormwater management and sediment control measures are installed and remain in place, including without limitation seeding of any exposed soils, and provide adequate site security at the Property until such time as redevelopment commences. Upon written notice of the Director of Planning, Developer shall provide a third-party certification demonstrating the efficacy of the same. 4. At all times prior to and during construction, the Developer agrees to reasonably secure the site and structures thereon on an on-going basis, so as to mitigate against unauthorized entry, and in compliance with all future applicable orders of the Ithaca Fire Department, Building Division, or other appropriate City agency. 5. The Developer shall proceed through the City of Ithaca's standard approvals process for new development projects, including but not limited to site plan review, zoning variances if needed, SEQRA and CEQRO review, and building permits. 6. The Developer has applied for site plan review approval for redevelopment of the Property. Where lacking, the proposed site plan shall be amended to include: a. the Improvements, as described in this Agreement and depicted on the Diagram; b. a fence, reasonably satisfactory to the City, on the north side of tax parcel 11.-3- 1.22, at or near the top of the bank on the south side of the raceway, c. two handicap accessible parking spaces as depicted on the Diagram, which shall be made available for public use, d. subject to the conditions stated in Section 8 of this Agreement, the inspection and restoration of the smokestack, and e. a proposed stormwater management plan for the three parcels comprising the Property and the Donated Land. 7. If it is approved as part of the Site Plan, the Developer agrees to erect and maintain the fence referred to in Section 6, above, at its sole cost. 8. Developer shall obtain a proposal to conduct a professional structural and condition analysis of the smokestack by a consultant mutually acceptable to Developer and the City, as determined by the Director of Planning and Development. The consultant shall have professional qualifications and expertise relevant to the examination and preservation of historic structures, and shall provide evidence of the same (for example, a list of prior relevant projects, proof of qualifications, etc.). The City may, but shall not be required to, obtain a proposal for consideration by Developer and the City in addition to the proposal obtained by Developer, and the City and Developer shall confer in good faith prior to selecting the consultant. The analysis will be provided to the City, subject to a written commitment from the City to pay one-half of the cost of such analysis and Developer to pay one-half. a. The City may, in its sole discretion, elect not to share in the cost of the inspection of the smokestack, in which event Developer may, but shall have no obligation to, inspect the smokestack at its sole expense. The City shall have six (6) months from the execution of this Development Agreement to determine whether it shall contribute one-half of the analysis cost. b. If such analysis is undertaken, a copy of any resulting report shall be provided to the City. c. If the City does not agree to pay one-half of the cost of an analysis of the smokestack, the Developer, in its sole discretion, may either proceed to stabilize and restore or demolish the smokestack upon sixty (60) days written notice to the City and subject to all necessary approvals. City shall not be required to bear any cost or expense associated with stabilization, restoration, or demolition pursuant to this Paragraph 8(c). d. If the City agrees to pay one-half of the cost of an analysis of the smokestack, and the City determines that the restoration of the smokestack is in the best interests of the general public, the Developer will grant the City or its assignee an option to acquire Tax Parcel 11.-3-1.23 for $1.00. The transfer of said parcel shall be subject to the following terms if the City or its assignee, in its sole discretion, elects to exercise the option: i. The City or its assignee shall agree to maintain the smokestack in perpetuity until such time as the City or its assignee, in its sole discretion, elects to demolish the smokestack. Developer shall not be required to bear any cost or expense associated with demolition pursuant to this Paragraph 8(d)(i). ii. Developer shall, in addition to conveying Tax Parcel 11.-3-1.23, grant to the City or its assignee an easement for the purposes of accessing and maintaining said parcel and smokestack. In the event that vehicular access across Developer’s Property is not feasible due to the design of the improvements or any other condition on Developer’s Property, Developer shall acquire and assign to the City or its assignee an easement across a neighboring property sufficient to enable vehicular access to Tax Parcel 11.- 3-1.23 for the purposes of allowing the City or its assignee to access and maintain said parcel and smokestack. 9. As indicated in §4 of the Property Easement, the Developer's Stormwater Management Plan submitted as part of the Site Plan review process shall be sensitive to aesthetic considerations in keeping with its proximity to public land. 10. The Developer shall continue remediation of environmentally contaminated areas on the Property, including actions under the Brownfield Cleanup Program. Recognizing the interdependence of the Property and the Donated Land, the Parties shall consult with one another with respect to the consultants and professionals to be retained for the remediation work on both the Donated Land and the Property to achieve the greatest time and cost efficiencies and to assure remediation which is mutually acceptable. Taxable Status of Land Owned by Developer 11. The Development Parties agree that the Property shall remain taxable for a period of not less than twenty (20) years from the issuance of a Certificate of Occupancy by the City for the project. For the purpose of this Agreement, the term “taxable” as used herein shall mean that the owner of said property shall be liable for timely payment of taxes in full, to the applicable taxing authority, subject to any PILOT program benefits. Nothing in this agreement shall prevent or prohibit the Developer from applying for any available property tax abatement programs, including but not limited to the Community Investment Incentive Tax Abatement Program (CIITAP) as operated by the Tompkins County Industrial Development Agency (IDA). Any transfer, by sale, gift, or otherwise, of the Property to a tax-exempt owner prior to the expiration of the 20-year period shall cause Developer to become immediately liable to the City for damages in an amount equaling the total amount of property taxes to be paid over the remaining portion of the 20-year period at the tax rate applicable on the date of the transfer. Miscellaneous Provisions 12. Nothing herein shall be construed to indemnify Developer with regard to its obligation to comply with all lawful orders of local, state, or federal governments or courts of appropriate jurisdiction, or with regard to any claims arising from their failure to do so. 13. Except as otherwise set forth in this Agreement, the Parties shall bear their own costs and expenses, including engineering fees, legal accounting, and fees incurred in connection with the negotiation and preparation of this Agreement and any subsequent exercising of rights or performance of obligations set forth in this Agreement. 14. This Agreement supersedes all prior Agreements, understandings, and communications between the Parties, whether oral or in writing, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except by a writing signed by all Parties (or the legal successor to the Parties). 15. The waiver by a party of its rights under this Agreement or of a breach by any other party shall not constitute a waiver of any other rights under this Agreement or of any future breaches by any party. 16. The Parties have jointly prepared this Agreement and have read and understand its provisions, and mutually represent and warrant that each has been represented by counsel of its choice in the preparation and negotiation of this Agreement and that the Agreement should not be construed against any party because that party drafted all or a portion of this Agreement. 17. If any part, paragraph, section, or portion of this Agreement is held to be void, invalid, inoperative, or unenforceable for any reason, such provision shall be deemed severed and the remainder of this Agreement shall not be impacted and shall continue in full force and effect, unless to do so would fundamentally contravene the present valid and legal intent and purpose of the Parties. The Parties agree that each and every provision that is required by law to be included in this Agreement shall be deemed to be inserted herein and shall have the same force and effect as if it were actually inserted. 18. Developer may assign or otherwise transfer its rights, interests, or obligations under this Agreement, upon written notice to the City. This Agreement is not intended to benefit any third party, and no person or entity who is not a party shall be entitled to enforce any of the rights, interests, or obligations of a party to this Agreement, except this Agreement shall be binding on any of Developer's assignees or successors. 19. All notices required by this Agreement shall be in writing and shall be sent to: To the City: Mayor City of Ithaca 108 E. Green Street Ithaca, NY 14850 With a copy to: City Attorney City of Ithaca 108 E. Green Street Ithaca, NY 14850 email: attorney@cityofithaca.org To the Developer: 121-125 Lake Street LLC c/o Visum Development Group, LLC 226 Cecil Malone Drive, Suite 3 Ithaca, NY 14850 email: todd@visumdevelopment.com With a copy to: Klausner Cook, PLLC 409 Taughannock Blvd. Ithaca, NY 14850 email: nate@klausnercook.com 20. This Agreement shall be governed by the laws of the State of New York without regard for its choice of law principles. Venue for any action relating to or arising under this Agreement shall lie exclusively in a court of competent jurisdiction located in Tompkins County, New York. [Signature Page Follows] [Signature Page of Amended and Restated Redevelopment Agreement Between City of Ithaca and 121-125 Lake Street LLC] City of Ithaca By Name Title 121-125 Lake Street LLC By Name Title EXHIBIT A "THE ISLAND" N 5 52 T 820 1 4 "THE ISLAND" "THE ISLAND" VIEW TOWARDS CAYUGA LAKE VIEW TOWARDS ITHACA FALLS ITHACA FALLS 560 520 525 505 574 200.44' MONITORING WELL MONITORINGWELL 488 S 02°19'18'' W TOTAL S 02°32'12''W71.66' "THE ISLAND" VIEW TOWARDS CAYUGA LAKE VIEW TOWARDS ITHACA FALLS ITHACA FALLS "THE ISLAND" "THE ISLAND" "THE ISLAND" "THE ISLAND" Full Environmental Assessment Form Part 3 - Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverse environmental impact. Based on the analysis in Part 3, the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page, the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: •Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity,size or extent of an impact. •Assess the importance of the impact. Importance relates to the geographic scope, duration, probability of the impactoccurring, number of people affected by the impact and any additional environmental consequences if the impact were tooccur. •The assessment should take into consideration any design element or project changes. •Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or wherethere is a need to explain why a particular element of the proposed action will not, or may, result in a significant adverseenvironmental impact. •Provide the reason(s) why the impact may, or will not, result in a significant adverse environmental impact •For Conditional Negative Declarations identify the specific condition(s) imposed that will modify the proposed action so thatno significant adverse environmental impacts will result. •Attach additional sheets, as needed. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: Type 1 Unlisted Identify portions of EAF completed for this Project: Part 1 Part 2 Part 3 Agency Use Only [IfApplicable] Project : Date : FEAF 2019 Upon review of the information recorded on this EAF, as noted, plus this additional support information and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the as lead agency that: A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.7(d)). C. This Project may result in one or more significant adverse impacts on the environment, and an environmental impact statement must be prepared to further assess the impact(s) and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly, this positive declaration is issued. Name of Action: Name of Lead Agency: Name of Responsible Officer in Lead Agency: Title of Responsible Officer: Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer (if different from Responsible Officer) Date: For Further Information: Contact Person: Address: Telephone Number: E-mail: For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html Page 2 of 2 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 1 PROJECT DESCRIPTION The applicant proposes to build an 83,160 GSF, four story apartment building and associated site improvements on the former Gun Hill Factory site. The 77-unit with approximately 109 beds, market-rate apartment building will be a mix of studios, one- and two-bedroom units and includes 77 parking spaces (47 surface spaces and +/- 30 covered spaces under the building). Site improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore edges of the site. The building will be constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site development can occur, the applicant is required to remediate the site based on a soil cleanup objective for restricted residential use. A remedial investigation (RI) was recently completed at the site and was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and requires multiple variances. The project requires amendments to a 2007 Development Agreement which must be approved by the Common Council. Due to many changes in site and market conditions since 2007, it is necessary to revisit and update the DA. Like the 2007 version, the amended DA dictates some terms and conditions of site redevelopment on both the 1.6 acre privately owned site and the adjacent City owned property. This is determined to be a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11). IMPACT ON LAND The 1.63 acre currently vacated project site is located in a developed urban setting and has been previously disturbed due to historic land use associated with the former Ithaca Gun Factory. The average depth to water on-site is greater than 15-feet, and both soil and water have known contamination due to prior use of the site. Soil and groundwater remediation will be completed as part of project requirements for redevelopment as well as the site’s active participation in New York State’s Brownfield Cleanup Program (site no. C755019). The project proposes to return the site to habitable use through remediation and redevelopment. The site will be required to be remediated to the New York State Department of Environmental Conservation’s (“NYSDEC”) restricted residential use Soil Cleanup Objectives (“SCO”) due to the proposed use of the site for residential purposes. The property is adjacent to the Ithaca Falls Natural Area which contains Fall Creek, a Class B stream by NYDEC. This portion of Fall Creek is designated by New York State as a Recreational River, pursuant to Title 27 of the Environmental Conservation Law (ECL), where a 150 ft buffer from the river’s banks is required. The applicants must apply for a recreational river permit for the regulated activities, including the public trail, raceway bridge, and the public park with an overlook, within the boundaries of the Recreational River. Depth to Bedrock City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 2 According to a geotechnical report provided by the applicant dated August 24, 2018, bedrock depths are between the site’s surface and 8.5-feet from the surface, however no blasting is proposed to occur as part of development. The geotechnical report proposes conventional shallow foundations to be constructed to bear on stable natural rock or lean concrete to be placed during site preparation work. Approximately 4,500 cubic yards of soil materials will be removed from the eastern parcel of the site and 2,325 cubic yards of soil material from the western parcel as part of the brownfield cleanup program. Assuming an average of 15 CY per truck, approximately 450 trucks are anticipated for brownfield cleanup soil removal. According to the applicant, an estimated 11,000 cubic yards of material is proposed to be removed and/or relocated as part of general site work and building excavations. The number of trucks required for soil removal will depend on the moisture content of the soil. Assuming the average per truck, over 750 trucks are anticipated for removal of unconsolidated materials. The proposed route for the construction traffic is to travel along Lake Street from Route 13. The City of Ithaca Engineering Department in a March 15, 2022 correspondence requests, “the construction vehicles travel 20 mph between Cayuga St. and the bridge over Fall Creek. Since most of the construction will occur during daytime hours that overlap with the school zone speed limit times, they should just go 20mph or less during all hours of their operation.” According to the applicant in their letter to the city dated 9/6/2022, “The Applicant will include a provision in the construction contracts that throughout the school year and during the approved project work hours, all construction vehicles adhere to a maximum speed of 20 MPH on Lake Street between the N. Cayuga Street and Falls Street intersections.” “Ground disturbance will not require blasting and primarily impacts areas that have previously been developed (i.e. concrete foundations, gravel, and some bedrock). A 1.2-acre net increase of roads, buildings and other paved or impervious surfaces is proposed. The project will disturb more than one acre of land, requiring a Storm Water Pollution Prevention Plan (“SWPPP”) to be developed and implemented. According to the site plan submitted on September 14, 2018 in reference to the above referenced geotechnical report: “The report recommends conventional shallow foundations bearing on rock for 85% of the building. The allowable bearing pressure provided is 15ksf….. A small area at the northeast portion of the building will require deep foundations due to the rock profile that is steeply sloping and will be much below the standard footing elevations. The footings in those areas will be supported by micropiles or other deep foundation options which have yet to be determined.” Portions of the building are required to be constructed on steep slopes, as referenced above. These areas will be supported by micropiles which can be installed in soil, rock, cobbles, and boulders, through manmade obstructions or in areas of high-water table. Soil Contamination City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 3 According to the NYDEC Brownfield Cleanup Program Fact Sheet November 2020, for this site, site no C755019: “The primary contaminant of concern in surface and subsurface soil is lead, found at concentrations exceeding restricted residential soil cleanup objectives. A few other metals, some semi-volatile organic compounds (SVOCs) and PCBs have also been detected in isolated areas of subsurface soil and will be addressed by the site-wide remedy.” Soil Remediation & Site Restoration The private parcel/brownfield site consists of two areas: the upper area or Eastern Parcel where the primary location of the manufacturing facility of the Ithaca Gun Company was located and where the proposed apartment complex will be located and the lower terrace or Western Parcel which contained the boiler house and other support facilities. The Remedial Work Plan (RWP) for the site created by the Ramboll Group April 26, 2021 describes in detail the remedial action for contaminated soils for both areas of the site. Remedial action for the Eastern parcel includes: removal of soils to bedrock or to an elevation of 518 ft amsl in the northwest corner using excavation equipment; using bedrock hand tools or other means such as vacuum to remove remnant soil from the bedrock surface after excavation; covering the northwest corner with a minimum 2-foot thick cover consisting of a demarcation layer and at least two feet of stone fill; stockpiling soils on prepared stockpile areas for stabilization or loading into trucks for off-site disposal at an approved facility; wetting the soil to prevent dust migration; covering the loads of soil on trucks; and stabilization treatment and soil sampling from stockpiles that exceed TCLP lead threshold of 5 mg/L to meet off-site disposal requirements. Site restoration for the Eastern parcel includes covering the exposed soils on western edge with a demarcation layer followed by a minimum 2-foot vegetated soil cover and the no restoration of surface as it is to be removed to bedrock. Remedial action for the Western parcel includes excavating soils containing PCBs greater than 50 mg/kg to limits identified and disposing off site as regulated TSCA material; backfilling excavation with imported common fill meeting NYDEC DER-10 requirements; removing soil along northern sloped areas to bedrock; unloading soil into a roll-off container or stockpiling it at the Eastern Parcel; and grading surface as necessary and fill with minimum of 2-foot-thick vegetated soil cover. The estimated volume of material contaminated with PCBs is 27 cubic yards. Site restoration for the Western parcel includes covering the surface with geotextile as demarcation layer; filling with eighteen inches of common fill and six inches of topsoil; seeding the topsoil; and completing a topographic survey to verify cover thickness. Also see sections “Impact to Human Health,” “Impacts to Transportation,” and “Impact to Groundwater.” Based on the mitigation measures proposed by the applicant, the Lead Agency has determined there will be no significant impact to land. IMPACT ON GEOLOGIC FEATURES City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 4 The site is located contiguous to the gorge, which accommodates the Fall Creek (“the Creek”) waterbody to the north, a designated recreational river. Construction and site activities are not proposed to impact this geological feature. Silt logs are proposed to be used for perimeter protection along topographic contours, as identified in the Erosion and Sediment Control Plan (C1.02) dated September 14, 2018. The applicant further proposes to periodically inspect and maintain all control measures during construction, and to clean out sediment when accumulated to 25% of the height of the silt logs. See also section on Impacts to Surface Water. The Lead Agency has determined that based on the mitigation measures identified above, no significant impact on geologic features is anticipated. IMPACT ON SURFACE WATER As stated in the prior section, the project site is located contiguous to Fall Creek. The property is adjacent to the Ithaca Falls Natural Area which contains Fall Creek, a Class B stream by NYDEC. This portion of Fall Creek is designated by New York State as a Recreational River, pursuant to Title 27 of the Environmental Conservation Law (ECL), where a 150 ft buffer from the river’s banks is required. The applicants must apply for a recreational river permit for the regulated activities, including the public trail, raceway bridge, and the public park with an overlook, within the boundaries of the Recreational River. The applicant proposes to use best practices, identified in the Erosion and Sediment Control Plan (C1.02) dated September 14, 2018, to minimize erosion and sedimentation that may otherwise adversely impact the Creek. Such techniques include installation of silt logs around the project perimeter and placement of filter fabric over stormwater drains until site stabilization occurs. Introduction of turbidity is anticipated to minimal and limited to the period of construction. Because the site is a previously developed site, it meets the City’s definition of a “Redevelopment Project.” In a letter dated January 8, 2019, the City of Ithaca Stormwater Management Officer (“SMO”) noted the following: “A redevelopment project that results in no increase in impervious area or hydrology is exempt from installing water quantity controls as well as the requirements for runoff reduction. The two parcels included 1.52 acres of impervious cover prior to the demolition of the factory and associated site improvements. After redevelopment, the impervious cover will be 1.28 acres; a reduction of 16 percent. Therefore, the project meets this threshold and qualifies for these exemptions.” Projects that result in a net 25 percent reduction of impervious surface are further exempt from installing water quality controls. The project does not meet this threshold and therefore is not exempt from water quality controls. A full Stormwater Pollution Prevention Plan (“SWPPP”) will be submitted in accordance with NYSDEC GP-0- 15-002, Chapter 9 of the New York State Stormwater Management Design Manual, and the City of Ithaca Stormwater Regulations. After review and approval of the SWPPP by the SMO, a Notice of Intent will be filed City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 5 with the NYSDEC to obtain coverage under the State’s SPDES General Permit for Stormwater Activities. Weekly and/or monthly inspections will be required during construction to assess permanent controls. The Lead Agency has determined that based on the mitigation measures identified above and with strict compliance to the SWPPP, no significant impact to surface water is anticipated. IMPACT ON GROUNDWATER The potable water source to support the residential development is not site groundwater, which is known to have pre-existing contamination. The City of Ithaca will supply potable water to the development. According to the applicant’s preliminary site plan (dated September 2018): “Groundwater occurs at depths of approximately 30-feet below grade and within fractures of the underlying bedrock.” As part of remediation activities on the adjacent city-owned property, three 2-inch bedrock monitoring wells (MW-5, MW-6, and MW-7) were installed to investigate the site. Historic monitoring wells MW-3 and MW-4 were also sampled as part of this effort. Findings from groundwater monitoring activities indicated that site groundwater within the fractured bedrock has been impacted by volatile organic compounds (“VOCs”), particularly trichloroethene (“TCE”), and cis-1,2-dichloroethene. As summarized in the SMP for this portion of the site: “The results appear to indicate the source is to the east emanating from the Former Ithaca Gun Factory site. Impacted groundwater migrates beneath the Western Accessway portion of the site and off-site to the west and northwest. The metals detected are likely attributed to dissolved metals in the groundwater. Future groundwater monitoring will be conducted by the NYSDEC.” Groundwater contours taken from measurements obtained in October 2012 and December 2012 are mapped on Figure 3A and Figure 3B, included in the SMP. These contours illustrate groundwater flow, and contaminant migration, off-site to the west and northwest, as described above. Groundwater Contamination According to the NYDEC Brownfield Cleanup Program Fact Sheet November 2020, for this site, site no C755019: “The primary contaminants of concern in groundwater are volatile organic compounds (VOCs), specifically cis-1,2-dichloroethene, tetrachloroethene (PCE), trichloroethene (TCE) and vinyl chloride. The highest concentrations of contaminants occur on-site within the fractured bedrock. Although the movement of groundwater is reduced vertically by a decrease in fractures with increased depth, contaminated groundwater does migrate off-site.” Groundwater Remediation The Remedial Work Plan (RWP) for the site created by the Ramboll Group April 26, 2021 describes groundwater remediation as, “Conduct in situ groundwater treatment by injection of amendments for City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 6 biostimulation of native microbial populations.” The injection of amendments will promote biodegradation of the chlorinated VOCs present in the bedrock unit. The amendments include emulsified vegetable oil and fluids with nutrients that will feed the native microbes which will naturally accelerate breaking down hazardous materials into just carbon dioxide and water. Groundwater is planned to be monitored and treated as part of site remediation, resulting in a net positive impact on groundwater quality for the site. Due to the depth of the groundwater, it is unlikely construction and site use will impact groundwater or that exposure to VOC contamination will occur following site remediation. Also see section “Impacts to Human Health.” The Lead Agency has determined that based on the information above and proposed remediation and mitigation measures, no significant impact to groundwater is anticipated. IMPACT ON FLOODING The project is not located in the 100- or 500-year floodplain and will not impact any waterbody that may contribute to flooding. Rainwater from roof areas will be conveyed via rain leaders to ground level. A below grade piping system will collect stormwater at the groundwater and convey water out of the building. The Lead Agency has determined that based on the information above, no significant impact to flooding is anticipated. IMPACTS ON AIR According to information provided by the applicant, construction is projected to last approximately 12 months. Excavation and preparation of foundations create the potential for increased airborne dust and dirt particles. As part of the Environmental Restoration Program (“ERP”) site investigation on the city-owned parcel, a soil vapor survey was conducted which included sampling of four soil vapor points (SV-01 through SV-4) along the Western Accessway. The results of this survey indicated elevated levels of TCE at SV-01 and SV-02, and other low-level VOCs. NYSDEC conducted additional off-site vapor intrusion investigations and based on the results, recommended institutional and engineering controls be enforced to address vapor mitigation in the event of future site redevelopment. The project proposes soil vapor mitigation measures as part of long-term site use. During remediation and construction activities, air monitoring will be conducted in accordance with the NYSDOH Community Air Monitoring Plan (“CAMP”). In addition, a Health and Safety Plan (“HASP”) was developed as part of the Remedial Work Plan and will be implemented during site remediation activities. During construction, the applicant will employ the following applicable dust control measures, as appropriate: • Misting or fog spraying the site to minimize dust; • Maintaining crushed stone tracking pads at all entrances to the construction site; • Re-seeding disturbed areas to minimize bare exposed soils; City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 7 • Keeping roads clear of dust and debris; • Requiring trucks to be covered; • Prohibiting burning of debris on site. See also “Impacts On Human Health” Section. The Lead Agency has determined that with the mitigation measures during and after construction identified above, no significant impact to air is anticipated. IMPACTS ON PLANTS AND ANIMALS According to the NYSDEC Environmental Resource Mapper, there are no rare or significant plant or animal communities located on or around the project site. In addition, the Environmental Resource Mapper does not identify any rare plant or animal species on or around the project site. The existing vegetation consists of volunteer shrubs and trees since the land was cleared around 2008 as part of the Restore NY program. All vegetation will be removed during the remediation process. The applicants in their submitted narrative propose “using primarily native and adaptive tree, shrub, and perennial plant species that do not require permanent irrigation. Lawn and meadow areas will be used to restore the edges of the site. Deciduous canopy trees will be used to shade the parking area and reduce surface heating.” The Landscape Plan L401 dated 03/16/22 submitted by the project team includes six larger trees and several smaller ornamental deciduous and evergreen trees and a diversity of shrubs and perennials throughout the project site. The Lead Agency has determined that based on the information above, no significant impact to plants and animals is anticipated. IMPACT ON AGRICULTURAL RESOURCES The project site is located in an urbanized area, and there are no agricultural resources located in proximity to the project site. The Lead Agency has determined that based on the information above, no significant impact on agricultural resources is anticipated. IMPACT ON AESTHETIC RESOURCES According to the Tompkins County Scenic Resource Views, there are no scenic resources located adjacent to or in vicinity of the Project Site, although there are several views located within Fall Creek Gorge. The project cannot be seen from within Fall Creek Gorge. Additionally, there are no locally identified scenic resources located near the project site. City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 8 The project site is visible from the public right-of-way, Lake Street, used for routine, multi-modal travel by area residents. The project aims to enhance viewing of scenic resources (e.g., Fall Creek) through construction of a publicly accessible overlook (Site Plan (L-101) dated 3/16/22 submitted by the applicants). The Lead Agency has determined that based on the information above, no significant impact on aesthetic resources is anticipated. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES The project site is located on an area that has experienced significant prior disturbance. Furthermore, there are no sites, districts or buildings listed or on the State and National Register of Historic Places substantially contiguous to the project site. The site is located in proximity to the Cornell Heights Historic District; however photo visualizations indicate the project will not be visible for locations within the historic district. Demolition of the Ithaca Gun Factory Smokestack is contingent on the determination of contamination beneath the smokestack. In addition, safety and liability concerns are a consideration of its preservation. According to correspondence from the City of Ithaca Historic Preservation and Neighborhood Planner, Bryan McCracken dated 7/25/22, the Smokestack deserves special consideration because, The former Ithaca Gun smokestack is not a designated historic resource; however, it has long been recognized as having historic and aesthetic value and is eligible local designation based on the criteria outlined in the Ithaca Landmarks Ordinance. … The Ithaca Gun smokestack meets at least two of the five eligibility criteria(Criterion 1 & 5) for local landmark designation outlined in Section 228-3 of the Ithaca Landmarks Ordinance. … When most of the factory complex was demolished due to significant environmental issues in 2008, the iconic smokestack was retained as a representative of the historic use of the site, a treatment that was supported by the New York State Historic Preservation Office. The smokestack was again identified as resource worthy of local designation when the City, in partnership with Historic Ithaca, solicited recommendations for future landmark nominations from the community in March 2019. Around the same time, the Ithaca Landmarks Preservation Commission discussed the smokestack as it related to an earlier proposal to redevelop the factory site. The Commission received numerous comments from members of the public encouraging local designation and expressing surprise that the structure was not already a protected resource. The Lead Agency has determined that based on the information above, no significant to historic and archaeological resources is anticipated. IMPACT ON OPEN SPACE AND RECREATION The site is an existing brownfield site with limited public access. Fall Creek and the Ithaca Falls Natural Area are adjacent to the parcel on the north. The applicants propose to enhance public access to Fall Creek by constructing a pathway and bridge across the raceway onto the adjacent city-owned land to an overlook of the Ithaca Falls Natural Area. The proposed public access will begin off of Lake Street to the east of the proposed building demarcated with a ‘Public Park Access’ Wayfinding Sign as depicted on the Wayfinding & City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 9 Safety Plan submitted 11/22/22 by applicants. The public concrete path follows the proposed building and then leads north to the end of the concrete walk where another wayfinding sign leads people to city-owned land over a pedestrian bridge across the raceway. Here the stone dust path leads to the public overlook of the Ithaca Falls Natural Area to the north. The applicants have chosen a prefabricated bridge with guardrails that will be placed on existing bridge abutments if deemed feasible. The path once across the bridge is stone dust lined with stone cobbles. An interpretive marker and benches are proposed in the overlook area. There is an existing chain link fence located NE of the overlook along the top of Fall Creek gorge which the applicants propose to connect to and wrap a new overlook/guard fence which proposed as wood and chain link around the overlook back to the pedestrian bridge. Based on visualizations prepared and submitted by SWBR, the proposed project site will not block views for houses to the east/uphill of the project nor will it be very visible from many vantage points in the Fall Creek neighborhood. See also “CONSISTENCY WITH COMMUNITY PLANS” Section. The Lead Agency has determined that based on the information above, no significant impact to open space and recreational resources is anticipated. IMPACT ON CRITICAL ENVIRONMENTAL AREAS There are no Critical Environmental Areas located within the City of Ithaca. The property is adjacent to the Ithaca Falls Natural Area which contains Fall Creek, a Class B stream by NYDEC. This portion of Fall Creek is designated by New York State as a Recreational River, pursuant to Title 27 of the Environmental Conservation Law (ECL), where a 150 ft buffer is required. The Lead Agency has determined that based on the information above, no significant impact to critical environmental areas is anticipated. IMPACT ON TRANSPORTATION According to the Site Plan Review Application Project Narrative submitted February 15, 2022, the project proposes 77 parking spaces, approximately 30 spaces in an uncovered surface parking lot and the rest in the garage underneath the building, to accommodate residents. A Technical Letter dated June 16, 2022 and prepared by SRF Associates confirm the 2018 studies which are detailed below remain accurate for the project site. This 2022 letter concludes, “Given the projected site generated traffic; the thresholds for completing a TIS; and the roadway characteristics previously described, a full TIS report is not warranted, and this letter supports our professional opinion that the proposed residential project will not result in any potentially significant adverse traffic impacts. The parking demand assessment showed that there is a projected deficit of five parking spaces. TDM strategies are recommended to reduce peak demands.” City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 10 A Transportation Impact Study (“TIS”), dated June 13, 2018 and prepared by SRF Associates, was submitted by the applicant. The study includes a sight distance evaluation to identify the required Stopping Sight Distance (“SSD”) and Intersection Sight Distance (“ISD”) for the proposed access drive location. Findings indicate that the available sight distances at the proposed access drive location exceed the required SSD in both directions. The ISD is met to the west of the project site but is deficient to the east of the project site. Community members have expressed some concern regarding how sight distance will be impacted by construction of the retaining wall proposed for the site. The applicants have agrees to install and design curve and speed warning signs to the satisfaction of City Engineering. According to the study, the Average Daily Traffic along Lake Street in front of the project site is approximately 3,075 vehicles per day. Estimated site generated traffic during morning peak hours is anticipated to be additional five (5) entering cars and 10 exiting cars. During the evening peak, it is estimated that 11 cars will enter and nine (9) will exit the site. There will be temporary transportation impacts during the construction period. The project is intended to be constructed in a single phase. According to information provided by the applicant in the September 14, 2018 submission: “All access to the east parcel will be from Lake Street. Access to the City-owned parcel for construction of the elevated public walkway located within the dedicated open space is anticipated to occur primarily from the east parcel and Lake Street. Work located within the City right-of-way that will require street permits from the Engineering Division of the Department of Public Works include: new curbs, asphalt patch, two curb cuts, asphalt driveways, concrete public sidewalk and stairs, handrails, and a small quarry block retaining wall. Construction vehicles with regional northern and southern points of origin and destination will follow Lake Street west from the redevelopment site, connecting via East Shore Drive to State Route 13 and proceeding northeast towards I-81 (connecting to the interstate at Cortland).” Approximately 4,500 cubic yards of soil materials will be removed from the eastern parcel of the site and 2,325 cubic yards of soil material from the western parcel as part of the brownfield cleanup program. Assuming an average of 15 CY per truck, approximately 450 trucks are anticipated for brownfield cleanup soil removal. According to the applicant, an estimated 11,000 cubic yards of material is proposed to be removed and/or relocated as part of general site work and building excavations. The number of trucks required for soil removal will depend on the moisture content of the soil. Assuming the average per truck, over 750 trucks are anticipated for removal of unconsolidated materials. The proposed route for the construction traffic is to travel along Lake Street from Route 13. According to a memo dated 12/7/22 submitted by the applicants, Gorick “the cleanup contractor, tried to select a route that provided the easiest and most direct access to Route 13 (the main north-south travel corridor through the City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 11 City). Any other route would take them directly through the most densely populated areas of the City. The contractors plan to limit construction traffic to 2 to 3 round trips per day, if possible. It is further stated that this is the same route taken during the city cleanup of the site. The City of Ithaca Engineering Department in a March 15, 2022 correspondence requests, “the construction vehicles travel 20 mph between Cayuga St. and the bridge over Fall Creek. Since most of the construction will occur during daytime hours that overlap with the school zone speed limit times, they should just go 20mph or less during all hours of their operation.” According to the applicant in their letter to the city dated 9/6/2022, “The Applicant will include a provision in the construction contracts that throughout the school year and during the approved project work hours, all construction vehicles adhere to a maximum speed of 20 MPH on Lake Street between the N. Cayuga Street and Falls Street intersections.” As this route does pass Ithaca High School and Boynton Middle School, the applicants sent a memo dated December 7, 2022 to answer the Lead Agency’s questions regarding the contaminated soil leaving the site. According to the memo, “most of the soil that will be removed from the site is classified as “non-hazardous waste… Even though these are technically still considered “contaminated” and must be disposed of properly, most contaminant levels aren’t high enough to classify the material as “hazardous waste.” This material will be disposed of at Seneca Meadows, in Waterloo, as “non-hazardous waste.” The applicants worked with the manufacturer of a commercial treatment product to conduct a study on site to see if the treatment could stabilize the high concentrations of lead, preventing it from being able to leach from the soil. The study showed the treatment did successfully stabilize the lead. According to the memo, “In sum, we sampled the areas with the highest lead concentrations identified on the site, and the stabilization method was effective on those soils. Therefore, we believe the treatment will be effective for all site soils making all soil removed from the site classified as “non-hazardous waste.” The applicants also reached out to Dr. Luvelle Brown, Ithaca City School District Superintendent and will keep the Lead Agency informed of further communications. The applicants had discussions with the City of Ithaca Engineering Department and propose to extend the existing sidewalk on the north side of Lake Street down to run adjacent to the project site. After the discussions, it was affirmed the applicants could bump the sidewalk out into the right of way around the existing retaining wall southeast of the project site on the northern side of Lake Street (Site Plan L101 dated 08/15/22). This provides a safe pedestrian walkway along Lake to uphill destinations. As a result, from the information provided above, the Lead Agency has determined that no significant impact to transportation is anticipated. IMPACT ON ENERGY On August 4, 2021, the Ithaca Energy Code Supplement (IECS) went into effect for all new buildings constructed in Ithaca. The IECS prioritizes electrification, renewable energy, and affordability with the following objectives: “deliver measurable and immediate reductions in greenhouse gas (GHG) emissions from new buildings, major renovations, and new additions; promote best practices in the design of affordable buildings to deliver reduced GHG emissions; and provide a rapid but orderly transition to buildings that do not use City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 12 fossil fuels for major building energy needs such as space heating and hot water heating, by 2026. For construction subject to the Ithaca Energy Code Supplement, requirements for reductions in GHGs go into effect in three steps: 2021, 2023, and 2026.” From August 4, 2021, until 2023 all new buildings must produce 40% fewer greenhouse gas emissions than the Energy Conservation Construction Code of New York State requires. Beginning in 2023, the IECS will increase the requirements of new construction to produce 80% fewer greenhouse gas emissions than the Energy Conservation Construction Code of New York State requires, and by 2026 all newly constructed buildings in Ithaca will be required to be net-zero buildings that do not use fossil fuels. The IECS supports Ithaca’s Green New Deal which aims to “achieve an equitable transition to carbon-neutrality” community- wide by 2030. The Building Division will oversee implementation and enforcement of the IECS. As a result, from the information provided above, the Lead Agency has determined that no significant impact to energy is anticipated. IMPACT ON NOISE, ODOR & LIGHT According to the site plan review application provided by the applicant, construction will last approximately 12 months. The project is located in an urban, residential area. Noise producing construction activities will temporarily impact residents in the immediate area. Noise producing construction activity will be limited to the hours of 7:30 a.m. to 5:30 p.m. Monday through Friday. There will be no work on the weekends unless approved by the Director of Planning. A final lighting plan will be submitted for site plan review. The applicants’ response in a letter to the City dated 9/06/22, “At the north end of the site, the design will include lighting for the parking lot as well as local lighting at the two passage doors. We do not anticipate any light spilling towards the gorge.” A Site Lighting/ Photometric Plan submitted by the applicant on 12/2/22 further demonstrates that light will not project past the proposed building site with illumination concentrated around the building and in the parking lot behind the building. As a result, from the information provided above, the Lead Agency has determined that no significant impact to noise, odor and light is anticipated. IMPACT ON HUMAN HEALTH The site is currently undergoing remediation for lead contamination, PAHs, and select VOCs in both the soil and groundwater. Proposed future use is a higher density residential apartment complex. Institutional (e.g., deed restriction) and engineering controls (e.g., soil vapor intrusion mitigation measures) will be required for residential occupancy of the site. Remediation completed as part of site redevelopment is anticipated to have a net positive impact on human health and minimize exposure to any residual contamination. Brownfield Site Contamination City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 13 The project site includes a 1.63 acre site consisting of two separate parcels: the eastern parcel being the site of the main operations of Ithaca Gun Company, and the smaller, western parcel that contains the smokestack and had contained the former boiler. Immediate adjacent to the project site is a parcel that was conveyed to the City of Ithaca (0.95 acre). City-Owned Property The City of Ithaca’s adjacent property was remediated through the Environmental Restoration Program (ERP). Remediation was completed by the City with NYSDEC and NYSDOH oversight in 2017. At the conclusion of the program, the City was required to establish a NYSDEC approved Site Management Plan (“SMP”), outlining required institutional controls as well as required inspections, monitoring, maintenance and reporting activities as part of plan implementation. In May 2017, the DEC recommended No Further Action on cleanup, noting that several institutional and engineering controls would continue to keep the site safe. An Environmental Easement was granted for the property on December 8, 2016, in accordance to Article 71 Title 36 of the Environmental Conservation Law, and states: “The controlled property may be used for Restricted Residential as described in 6 NYCRR Part 375- 1.8(g)(2)(ii), Commercial as described in 6 NYCRR Part 375-1.8(g)(2)(iii) and Industrial as described in 6 NYCRR Part 375-1.8(g)(2)(iv).” On October 4, 2018, the DEC issued a Certificate of Completion for the ERP on the public parcel. Project Site DEC documents for this site are available through DECinfo Locator: https://www.dec.ny.gov/data/DecDocs/C755019/ Brownfield Clean-up Timeline On April 19, 2013, DEC signed a Brownfield Cleanup Agreement (BCA) with previous applicants to place the project site (consisting of two areas in the Brownfield Cleanup Program (BCP). The project site has gone through several phases of extensive investigation and evaluation of remedial alternatives. In November 2018, a Remedial Investigation Report (“RIR”) was completed by IFR Development, LLC and was reviewed and approved by the New York State Department of Environmental Conservation (NYSDEC) in consultation with the New York State Department of Health (NYSDOH). This report provides the results of the remedial investigation that was conducted. Based on findings of the investigation, it has been identified that the primary contaminant of concern in surface and subsurface soils is lead, however polycyclic aromatic hydrocarbons (“PAHs”) and polychlorinated biphenyls (“PCBs”) have also been detected in isolated areas and will require cleanup. On February 14, 2020, the Remedial Alternatives Analysis Report (RAAR) dated January 24, 2020 and created by Ramboll was modified and approved by the NYSDEC. According to the Brownfield cleanup summary for the Breeze Apartments Project report submitted May 24, 2022 by C&S Engineers, Inc., “This report [RAAR]analyzed four remedial alternatives: two benchmark options (do nothing or clean the site to “Unrestricted” level, explained City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 14 below), and two intermediate options. The selected Remedial Action, which the project team is now implementing, has been approved by the DEC in a decision document.” On April 26, 2021, the Remedial Work Plan (RWP) for the site created by the Ramboll Group which had a 45- day public comment period, and was approved by the NYSDEC and the New York State Department of Health (NYSDOH). According to the August 2018 BCP Fact Sheet prepared by the NYSDEC, “This plan describes how contamination will be addressed, with NYSDEC and NYSDOH overseeing the work… NYSDEC will keep the public informed throughout the investigation and cleanup of the site.” Remediation Process for Human Health Safety A Health & Safety Plan (HASP) was developed by Ramboll Americas Engineering Solutions, Inc. (Ramboll) as part of the Remedial Work Plan (RWP) 2021 beginning on page 70 0f the RWP. The Hasp covers topics ranging from site safety and control procedures, chemical parameters of concern, hazard evaluation, employee air monitoring, medical monitoring, and emergency response time. Dust Control According to the Remedial Work Plan, 2021, “Soils being excavated will be wetted as needed to prevent dust migration. Trucks will have their load covered prior to leaving the Site.” Nevin Bradford, Senior Principal at C & S Engineers, Inc., stated at the May 24, 2022 Planning Board Meeting the mitigation method in terms of controlling dust is keeping the soil damp. The project Community Air Monitoring Plan (CAMP) and Fugitive Dust and Particulate Monitoring Plan (Appendix A of the HASP) outlines perimeter air monitoring that will be conducted during field construction activities. The air monitoring program was based on air quality limits specified by NYSDOH and NYSDEC “Community air monitoring will evaluate potential air quality impacts at the site from VOCs and dust (as particulate matter less than 10 micrometers [PM10]) from remedial activities to maintain air quality within levels protective of residents in the surrounding community.” The air monitoring plan is continuous real-time monitoring of air quality on-site and at the perimeter by air monitoring equipment which are electronic meters capable of detecting respirable dust at heights about 3-5’ that will be placed downwind to monitor dust and VOCs activity by air. The meters sound alarms when dust and/or VOCs above the agreed upon action level are detected and work must stop. The applicants submitted photographs and specification sheets of the air monitors on July 15, 2022. In their correspondence on this date, they ensured the locations of the air monitors will be determined “based on site work location, wind direction, and other weather conditions. …monitors’ locations will be logged. …The current plan is for all site work to have one air monitor upwind of work (which establishes a baseline level of dust), and two monitors downwind. This is in excess of state requirements (only one downwind monitor).” Air monitoring, restricted site access, maintenance of erosion and sedimentation barriers, wetting of excavations, wetting of roadways where construction trucks travel, and covering of stockpiled soils will be conducted throughout Remedial Phase Activities. Soil will also be stabilized prior to transportation and disposal with treatment additives that chemically fix and bind metals to minimize leaching. City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 15 Future Monitoring/Institutional Controls/Limited Actions As contaminated groundwater does migrate off-site, NYSDEC has investigated off-site groundwater and continues to as part of an off-site remedial program (Site No. C755019A). According to the NYDEC Brownfield Cleanup Program Fact Sheet of November 2020, “Based on sampling results, only one site-related compound, TCE, has been detected in off-site groundwater, but at concentrations that meet the groundwater standard. Due to the presence of TCE, the NYSDEC has conducted a soil vapor intrusion evaluation as part of the off-site remedial program.” Once the groundwater remediation has started, “collection and analysis of end-point soil samples and post-remedial groundwater samples to evaluate the effectiveness of the remedy” (NYDEC Fact Sheet November 2020). The Remedial Work Plan details periodic site reviews and implementation of an environmental easement which would cover restricting land use to restrictive residential, restricting use of groundwater at the site, restricting excavation below demarcation level, and ensures institutional and engineering controls are still in place and remain effective by requiring the property owner to complete and submit periodic certifications to NYSDEC (Brownfield cleanup summary for the Breeze Apartments project, May 24, 2022). A Site Management Plan (SMP) is submitted to the NYSDEC once the remedial action is complete. The plan would include “provisions for soil/cap management and groundwater monitoring, requirements to limit exposure to soil and groundwater during Site redevelopment and future construction activities, and requirements to limit exposure to groundwater until such a time as groundwater meets groundwater SCGs. The SMP would also provide for evaluation of potential vapor intrusion into the planned buildings associated with the Eastern Parcel” (NYDEC Fact Sheet November 2020). Remediation Oversight NYSDEC & NYSDOH According to a memo by Gary W Priscott, Project Manager with NYSDEC submitted on May 17, 2022: “DEC’s Division of Environmental Remediation and DOH’s Bureau of Environmental Exposure Investigation are active in review and oversight of the remedial program at this site, including on- site presence during field work (e.g., cleanup) activities. When cleanup activities are complete, the applicant will prepare a Final Engineering Report (FER) and submit it to DEC and DOH. The FER will describe the cleanup activities completed and certify that cleanup requirements have been achieved. When DEC and DOH are satisfied that all cleanup requirements have been achieved for the site, it will approve the FER. DEC will then issue a Certificate of Completion (COC) to the applicant. Controls at the site will remain after issuance of the COC…” C & S Engineers, Inc Nevin Bradford, Senior Principal with C & S Engineers, Inc. submitted a report, Brownfield cleanup summary for the Breeze Apartments Project on May 24, 2022 and also gave a summary of the brownfield remediation at the site at the Planning Board meeting on May 24, 2022. According to Bradford C & S Engineers conducts the monitoring during work and they are obligated to report any exceedances to NYSDEC and NYSDOH immediately, and report what is being done to resolve issue. City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 16 See also sections on “Impacts to Land,” “Impacts to Groundwater,” and “Impacts to Air.” The Lead Agency recognizes that any determination regarding the site remediation, the standard to which clean-up is required for the intended end-use, and how remediation will be carried out, is under the jurisdiction of NYSDEC and the NYS Department of Health. This project cannot be implemented until NYSDEC and NYSDOH determine that the site has been remediated to the required standard for the proposed residential use. Based on the information provided above, proposed mitigation measures, and oversight by NYSDEC and NYSDOH, the lead agency has determined that no significant impact to human health is anticipated. CONSISTENCY WITH COMMUNITY PLANS The project is located in an urbanized area on an empty brownfield. The project is consistent with Plan Ithaca’s Housing Goal, “The city will be home to a range of housing options, including different levels of affordability and housing types, in each neighborhood,” by adding a range of 77-unit market-rate multifamily rental apartments in the Fall Creek neighborhood in proximity to other higher density residential uses. The projects is also in line with Plan Ithaca’s Economic Goal to remediate and redevelop brownfields. The project intends to enhance and protect environmental quality through site remediation. The project required amendments to a 2007 Development Agreement (DA), now the 2022 amended Development Agreement which must and will be approved by the Common Council. Changes in site and market conditions since 2007 necessitated revisiting and updating the DA. Like the 2007 version, the amended DA dictates some terms and conditions of site redevelopment on both the 1.6 acre privately owned site and the adjacent City owned property. Major changes to the DA include: changes in property ownership; changes in project program; changes in site conditions such as demolition of the factory, and remediation of the City parcel; removal of provisions that have already been satisfied, such as application and work related to the NYS Environmental Restoration Program and Restore New York that have been completed, and easements and property transfers that have been completed. Public benefits required by the 2007 DA have been retained, including construction and maintenance of site improvements at developer expense that will provide ADA-compliant public access to the Island parcel, a public overlook of Ithaca Falls, and professional analysis of condition of Ithaca Gun smokestack, with option (but not obligation) to City to purchase underlying parcel. The project includes improvements to adjacent City-property (known as “the Island”) as dictated by the 2022 amended Development Agreement between the property owner and the City, originally executed in 2007. These improvements reflect the intent stated by both parties to make the island accessible to the general public. City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 17 The improvements include a publicly assessable walkway through the property, connecting the Lake Street sidewalk to a footbridge and a scenic viewing location as shown in Site Plan (L-101) dated 11/22/22 prepared by SWBR. Other required improvements include fencing, platform, signage and all other associated features or elements. In accordance with the DA, the walkway, bridge, and overlook shall be at least 5 feet in width and ADA-compliant. The walkway and bridge shall allow for a clear, safe route for lightweight motor vehicles such as golf carts to reach the Overlook for maintenance, security, or emergency purposes. The developer shall grant a perpetual easement to the City over any portions of the improvements located on the property for non-exclusive public use during the hours between 8 a.m. and one-half hour after sunset, and for use by the City, for official purposes, at any time. The final length and location of the bridge and all other improvements shall be subject to City approval, taking into consideration engineering and design recommendations provided by Developer’s design team as well as safety, accessibility, and other relevant factors. City approval shall consist of approval by the Director of Planning and Development, under the advisement of the Department of Public Works, Engineering staff and input from Common Council, as desired, as well as site plan approval by the Planning and Development Board. The applicant will work with City staff to develop a final design that addresses, at a minimum, the following concerns: • Geotechnical conditions - including erodibility of natural materials, and proper design, placement and support of all site elements to insure their long-term durability • Placement and design of fencing, signage and other structures to maintain safety along the gorge edge • ADA Compliance • Materials and finishes shall be selected based on long term durability • Minimizing visual impact withing the gorge, while providing greater recreational access • Consideration of future trail connections • Emergency access needs Timeline: Before Preliminary Site Plan Review for the whole project: • Geotech evaluation and analysis of feasible layout and support Conditions of Final Site Plan Review: Before issuance of a building permit: • Submission of final design acceptable to City Staff that address the above concerns • Acceptance by Planning Board • Review and feedback from the Planning & Economic Development Committee. Before Issuance of CO for Building: • Installation of all improvements to the satisfaction of the City and execution of all require easements City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 18 Zoning The project is located in the R-3a zoning district and will require several variances. Based on the Zoning Analysis dated 08-11-22, the proposed project now requires the following areas variances: 1. Off-Street Loading: The R-3a district requires one off-street loading space for the first 10,000 SF of floor area and an additional off-street loading space for each 15,000 SF of building floor area, with a maximum of 4 off-street loading spaces. This project will require the maximum 4 off-street loading spaces. The applicants have visited this issue with the Ithaca Fire Department and proposed to move the 3 off-street loading spaces as to not interfere with the fire truck turn- around. This is awaiting analysis by the Zoning administrator, so the project either is not seeking this variance or is seeking it for 3 spaces as one space is in front of the building. 2. Maximum Building Height in Feet: The R-3a district allows buildings up to 40’ in height. The applicant is proposing a building that is 55’ above grade plane, resulting in a deficiency of 15. This exceeds the district maximum by 38%. 3. Maximum Building Height in Stories: The R-3a district allows buildings up to 4 stories in height. The basement of the proposed building must be considered a story, as its ceiling is more than 6’ above finished grade at several locations.1 The proposed 5-story building exceeds the district maximum by 1story or 25%. 4. Rear Yard: The minimum rear yard requirement for the R-3a district is either 50’ or 25% of the lot depth (but not less than 20’). Based on the depth of this lot, the property is subject to a 50’ minimum rear yard. The proposed building is located within the required rear yard, reducing the rear yard to 29’.This results in a deficiency of 42% of the required yard. Off Street Loading Applicant reasoning: The applicants have provided one off-street loading space in front of the building. They have 3 off-street loading spaces near the firs truck turn-around. The applicants have discussed this issue with the Ithaca Fire Department and proposed to move 3 off-street loading spaces as to not interfere with the fire truck turn-around. They believe they will not need to seek this variance and will provide 4 off-street loading spaces. The Lead Agency reviewed the drawings by the applicants showing how the off-street parking spaces are moved to the north and east to allow for fire truck turn-around and believe the applicants have demonstrated an intent to mitigate for this variance and to be able t not have to seek it. If the applicants must seek this variance, the Lead Agency supports it as there are no long-term impacts to planning and minimal impact to the site. Off-street parking spots are an amenity for the building residents and the Lead Agency assumes the building owner will serve their users/residents. Maximum Building Height in Feet The applicants argue given modern construction technologies with wood framed market rate apartments, 10’ floor to floor measurement is not achievable and to have quality of life inside the apartments, 11’ floor to floor height is more typical, resulting in a 44’ tall building. The applicants state that the topography and grade change particular to this site compound the height requirements (Letter to the City 9/06/22): City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 19 “For a majority of its perimeter, the building will present itself as a four story, 44’ tall building. This includes the primary front facade of the building, which is the South Elevation on Lake Street, and the East elevation where the at grade surface parking lot is. At the North-West corner of the site, the existing topography drops off significantly which exposes the parking garage and forces the basement parking garage to be counted as a fifth story, and has a small area where the building height is measured at 55’. This five story, 55’ section of the building only exists for a small portion of the building perimeter (~15%) but is the basis for the variance of 5 stories, and 55’. While it doesn’t change the variance, the design team has also attempted to minimize the impact at this corner by placing the 4th floor roof terrace at this area. This is a framed open air terrace which helps to minimize the impact of the overall massing at this corner.” The Lead Agency supports this variance as the topography on the site is very variable which has the effect of the building presenting primarily as a four-story building. The Lead Agency also indicated the public access to the gorge, the sidewalk extension up Lake Street, and the clean-up of the site are all at the applicant’s expense so having a taller building helps to offset the expenses of these community benefits. The Lead Agency agrees with the logic presented by the applicants provided it is in compliance with the requirements in the executed Development Agreement with the City. Maximum Building Height in Stories For applicants’ reasoning see their reasoning above in Maximum Building Height in Feet variance. The Lead Agency has the same reasoning for support of this variance as their reasoning above in Maximum Building Height in Feet variance. Rear Yard The applicants identify three main factors of the site contributing to siting the building where it is proposed: existing bedrock, overall building height, and the required setbacks. In a latter to the City dated 9/6/22, the applicants state, “By placing the building further west and north on the parcel, the finished floor elevations could be set lower so that the overall building sat as low as possible” and this helps with preserving the views for the neighbors, particularly the uphill neighbors. The applicants also state the building is sited in the proposed location to minimize the amount of bedrock that needs to be removed for the basement parking garage. Further, “Because the neighboring property is a publicly owned open space parcel, the project team felt that requesting a variance for the rear setback was a reasonable ask given these parameters.” The Lead Agency finds this variance is mitigated by the large grade difference between this site and adjoining property so that it minimizes any impact to the adjacent property. The Lead Agency has determined that based on the information above, no significant impact to community plans is anticipated. CONSISTENCY WITH COMMUNITY CHARACTER City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM – Part III Project Name: Breeze Apartments, 121-125 Lake Street Date Created: 05/02/22 Updated: 05/06/22, 05/20/22, 06/03/22, 06/07/22, 06/09/22, 06/21/22, 07/18/22, 07/29/22, 08/04/22, 08/15/22, 11/4/22, 12/2/22, 12/7/22, 12/14/22, 12/20/22 20 The site at 121-125 Lake Street is currently vacant, and the project proposes to construct a 83,160 GSF, four story apartment building on-site. Although this is in contrast to existing conditions, historically the site was used for industrial purposes and supported structures comparable to that proposed. The proposed residential development is in an area of the City with predominantly residential structures occupied as single-family homes, duplexes or multiple residences rented by university students. The project does not propose to replace any facilities or areas of historic importance to the community. The architectural scale and character of the proposed development is anticipated to have a small impact and will be addressed and mitigated throughout the site plan review process. The Lead Agency has determined that based on the information provided, the project will have no significant impact to community character. Prepared by: Nikki Cerra, Environmental & Landscape Planner, and revised by the Planning Board Page 1 of 10 Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency=s reviewer(s) will not necessarily be environmental professionals. So, the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2, the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed, the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area, complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: •Review all of the information provided in Part 1. •Review any application, maps, supporting materials and the Full EAF Workbook. •Answer each of the 18 questions in Part 2. •If you answer “Yes” to a numbered question, please complete all the questions that follow in that section. •If you answer “No” to a numbered question, move on to the next numbered question. •Check appropriate column to indicate the anticipated size of the impact. •Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agencychecking the box “Moderate to large impact may occur.” •The reviewer is not expected to be an expert in environmental analysis. •If you are not sure or undecided about the size of an impact, it may help to review the sub-questions for the generalquestion and consult the workbook. •When answering a question consider all components of the proposed activity, that is, the Awhole action@. •Consider the possibility for long-term and cumulative impacts as well as direct impacts. •Answer the question in a reasonable manner considering the scale and context of the project. 1.Impact on LandProposed action may involve construction on, or physical alteration of, NO YES the land surface of the proposed site. (See Part 1. D.1) If “Yes”, answer questions a - j. If “No”, move on to Section 2. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may involve construction on land where depth to water table is less than 3 feet.E2d 9 9 b. The proposed action may involve construction on slopes of 15% or greater.E2f 9 9 c. The proposed action may involve construction on land where bedrock is exposed, orgenerally within 5 feet of existing ground surface. E2a 9 9 d. The proposed action may involve the excavation and removal of more than 1,000 tonsof natural material. D2a 9 9 e. The proposed action may involve construction that continues for more than one yearor in multiple phases. D1e 9 9 f. The proposed action may result in increased erosion, whether from physicaldisturbance or vegetation removal (including from treatment by herbicides). D2e, D2q 9 9 g. The proposed action is, or may be, located within a Coastal Erosion hazard area.B1i 9 9 h. Other impacts: _______________________________________________________ ___________________________________________________________________ 9 9 Agency Use Only [If applicable] Project : Date : FEAF 2019 Page 2 of 10 2.Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, NO YES minerals, fossils, caves). (See Part 1. E.2.g) If “Yes”, answer questions a - c. If “No”, move on to Section 3. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Identify the specific land form(s) attached: ___________________________________________________________________________________________________ E2g 9 9 b. The proposed action may affect or is adjacent to a geological feature listed as aregistered National Natural Landmark. Specific feature: _____________________________________________________ E3c 9 9 c. Other impacts: ______________________________________________________ ___________________________________________________________________ 9 9 3.Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water NO YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) If “Yes”, answer questions a - l. If “No”, move on to Section 4. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may create a new water body.D2b, D1h 9 9 b. The proposed action may result in an increase or decrease of over 10% or more than a 10 acre increase or decrease in the surface area of any body of water. D2b 9 9 c. The proposed action may involve dredging more than 100 cubic yards of material from a wetland or water body. D2a 9 9 d. The proposed action may involve construction within or adjoining a freshwater or tidal wetland, or in the bed or banks of any other water body. E2h 9 9 e. The proposed action may create turbidity in a waterbody, either from upland erosion, runoff or by disturbing bottom sediments. D2a, D2h 9 9 f. The proposed action may include construction of one or more intake(s) for withdrawal of water from surface water. D2c 9 9 g. The proposed action may include construction of one or more outfall(s) for discharge of wastewater to surface water(s). D2d 9 9 h. The proposed action may cause soil erosion, or otherwise create a source ofstormwater discharge that may lead to siltation or other degradation of receivingwater bodies. D2e 9 9 i. The proposed action may affect the water quality of any water bodies within ordownstream of the site of the proposed action. E2h 9 9 j. The proposed action may involve the application of pesticides or herbicides in oraround any water body. D2q, E2h 9 9 k. The proposed action may require the construction of new, or expansion of existing,wastewater treatment facilities. D1a, D2d 9 9 Page 3 of 10 l. Other impacts: _______________________________________________________ ___________________________________________________________________ 9 9 4.Impact on groundwater The proposed action may result in new or additional use of ground water, or NO YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If “Yes”, answer questions a - h. If “No”, move on to Section 5. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may require new water supply wells, or create additional demandon supplies from existing water supply wells. D2c 9 9 b. Water supply demand from the proposed action may exceed safe and sustainablewithdrawal capacity rate of the local supply or aquifer.Cite Source: ________________________________________________________ D2c 9 9 c. The proposed action may allow or result in residential uses in areas without water andsewer services.D1a, D2c 9 9 d. The proposed action may include or require wastewater discharged to groundwater.D2d, E2l 9 9 e. The proposed action may result in the construction of water supply wells in locationswhere groundwater is, or is suspected to be, contaminated.D2c, E1f, E1g, E1h 9 9 f. The proposed action may require the bulk storage of petroleum or chemical productsover ground water or an aquifer. D2p, E2l 9 9 g. The proposed action may involve the commercial application of pesticides within 100feet of potable drinking water or irrigation sources. E2h, D2q, E2l, D2c 9 9 h. Other impacts: ________________________________________________________________________________________________________________________ 9 9 5.Impact on Flooding The proposed action may result in development on lands subject to flooding. NO YES (See Part 1. E.2) If “Yes”, answer questions a - g. If “No”, move on to Section 6. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in development in a designated floodway.E2i 9 9 b. The proposed action may result in development within a 100 year floodplain.E2j 9 9 c. The proposed action may result in development within a 500 year floodplain.E2k 9 9 d. The proposed action may result in, or require, modification of existing drainagepatterns. D2b, D2e 9 9 e. The proposed action may change flood water flows that contribute to flooding.D2b, E2i, E2j, E2k 9 9 f.If there is a dam located on the site of the proposed action, is the dam in need of repair, or upgrade? E1e 9 9 Page 4 of 10 g. Other impacts: ______________________________________________________ ___________________________________________________________________ 9 9 6.Impacts on Air NO YES The proposed action may include a state regulated air emission source. (See Part 1. D.2.f., D.2.h, D.2.g) If “Yes”, answer questions a - f. If “No”, move on to Section 7. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. If the proposed action requires federal or state air emission permits, the action mayalso emit one or more greenhouse gases at or above the following levels:i. More than 1000 tons/year of carbon dioxide (CO2)ii.More than 3.5 tons/year of nitrous oxide (N2O)iii. More than 1000 tons/year of carbon equivalent of perfluorocarbons (PFCs)iv. More than .045 tons/year of sulfur hexafluoride (SF6) v. More than 1000 tons/year of carbon dioxide equivalent ofhydrochloroflourocarbons (HFCs) emissionsvi. 43 tons/year or more of methane D2g D2g D2g D2g D2g D2h 9 9 9 9 9 9 9 9 9 9 9 9 b. The proposed action may generate 10 tons/year or more of any one designatedhazardous air pollutant, or 25 tons/year or more of any combination of such hazardousair pollutants. D2g 9 9 c. The proposed action may require a state air registration, or may produce an emissionsrate of total contaminants that may exceed 5 lbs. per hour, or may include a heatsource capable of producing more than 10 million BTU=s per hour. D2f, D2g 9 9 d.The proposed action may reach 50% of any of the thresholds in “a” through “c”,above. D2g 9 9 e. The proposed action may result in the combustion or thermal treatment of more than 1ton of refuse per hour. D2s 9 9 f. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 7.Impact on Plants and AnimalsThe proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) NO YES If “Yes”, answer questions a - j. If “No”, move on to Section 8. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a.The proposed action may cause reduction in population or loss of individuals of anythreatened or endangered species, as listed by New York State or the Federalgovernment, that use the site, or are found on, over, or near the site. E2o 9 9 b. The proposed action may result in a reduction or degradation of any habitat used byany rare, threatened or endangered species, as listed by New York State or the federalgovernment. E2o 9 9 c. The proposed action may cause reduction in population, or loss of individuals, of anyspecies of special concern or conservation need, as listed by New York State or theFederal government, that use the site, or are found on, over, or near the site. E2p 9 9 d. The proposed action may result in a reduction or degradation of any habitat used byany species of special concern and conservation need, as listed by New York State orthe Federal government. E2p 9 9 Page 5 of 10 e. The proposed action may diminish the capacity of a registered National NaturalLandmark to support the biological community it was established to protect. E3c 9 9 f. The proposed action may result in the removal of, or ground disturbance in, anyportion of a designated significant natural community. Source: ____________________________________________________________ E2n 9 9 g. The proposed action may substantially interfere with nesting/breeding, foraging, orover-wintering habitat for the predominant species that occupy or use the project site.E2m 9 9 h. The proposed action requires the conversion of more than 10 acres of forest,grassland or any other regionally or locally important habitat.Habitat type & information source: ________________________________________________________________________________________________________ E1b 9 9 i. Proposed action (commercial, industrial or recreational projects, only) involves use ofherbicides or pesticides. D2q 9 9 j. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 8.Impact on Agricultural ResourcesThe proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) NO YES If “Yes”, answer questions a - h. If “No”, move on to Section 9. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may impact soil classified within soil group 1 through 4 of theNYS Land Classification System.E2c, E3b 9 9 b. The proposed action may sever, cross or otherwise limit access to agricultural land(includes cropland, hayfields, pasture, vineyard, orchard, etc). E1a, Elb 9 9 c. The proposed action may result in the excavation or compaction of the soil profile ofactive agricultural land. E3b 9 9 d. The proposed action may irreversibly convert agricultural land to non-agriculturaluses, either more than 2.5 acres if located in an Agricultural District, or more than 10acres if not within an Agricultural District. E1b, E3a 9 9 e. The proposed action may disrupt or prevent installation of an agricultural landmanagement system. El a, E1b 9 9 f. The proposed action may result, directly or indirectly, in increased developmentpotential or pressure on farmland. C2c, C3, D2c, D2d 9 9 g. The proposed project is not consistent with the adopted municipal FarmlandProtection Plan. C2c 9 9 h. Other impacts: ________________________________________________________9 9 Page 6 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in NO YES sharp contrast to, current land use patterns between the proposed project anda scenic or aesthetic resource. (Part 1. E.1.a, E.1.b, E.3.h.) If “Yes”, answer questions a - g. If “No”, go to Section 10. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Proposed action may be visible from any officially designated federal, state, or localscenic or aesthetic resource. E3h 9 9 b. The proposed action may result in the obstruction, elimination or significantscreening of one or more officially designated scenic views. E3h, C2b 9 9 c. The proposed action may be visible from publicly accessible vantage points:i. Seasonally (e.g., screened by summer foliage, but visible during other seasons)ii. Year round E3h 9 9 9 9 d. The situation or activity in which viewers are engaged while viewing the proposedaction is: i. Routine travel by residents, including travel to and from workii. Recreational or tourism based activities E3h E2q, E1c 9 9 9 9 e. The proposed action may cause a diminishment of the public enjoyment andappreciation of the designated aesthetic resource. E3h 9 9 f. There are similar projects visible within the following distance of the proposed project: 0-1/2 mile½ -3 mile3-5 mile5+ mile D1a, E1a, D1f, D1g 9 9 g. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological NO YES resource. (Part 1. E.3.e, f. and g.) If “Yes”, answer questions a - e. If “No”, go to Section 11. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur E3e 9 9 b. The proposed action may occur wholly or partially within, or substantially contiguousto, an area designated as sensitive for archaeological sites on the NY State HistoricPreservation Office (SHPO) archaeological site inventory. E3f 9 9 c. The proposed action may occur wholly or partially within, or substantially contiguousto, an archaeological site not included on the NY SHPO inventory. Source: ____________________________________________________________ E3g 9 9 a. The proposed action may occur wholly or partially within, or substantially contiguous to, any buildings, archaeological site or district which is listed on the National or State Register of Historical Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. Page 7 of 10 d. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 e.If any of the above (a-d) are answered “Moderate to large impact may occur”, continue with the following questions to help support conclusions in Part 3: i.The proposed action may result in the destruction or alteration of all or partof the site or property. ii.The proposed action may result in the alteration of the property’s setting orintegrity. iii.The proposed action may result in the introduction of visual elements whichare out of character with the site or property, or may alter its setting. E3e, E3g, E3f E3e, E3f, E3g, E1a, E1b E3e, E3f, E3g, E3h, C2, C3 9 9 9 9 9 9 11. Impact on Open Space and RecreationThe proposed action may result in a loss of recreational opportunities or a NO YES reduction of an open space resource as designated in any adoptedmunicipal open space plan.(See Part 1. C.2.c, E.1.c., E.2.q.) If “Yes”, answer questions a - e. If “No”, go to Section 12. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in an impairment of natural functions, or “ecosystemservices”, provided by an undeveloped area, including but not limited to stormwaterstorage, nutrient cycling, wildlife habitat. D2e, E1b E2h, E2m, E2o, E2n, E2p 9 9 b. The proposed action may result in the loss of a current or future recreational resource.C2a, E1c, C2c, E2q 9 9 c. The proposed action may eliminate open space or recreational resource in an areawith few such resources.C2a, C2c E1c, E2q 9 9 d. The proposed action may result in loss of an area now used informally by thecommunity as an open space resource.C2c, E1c 9 9 e. Other impacts: ______________________________________________________________________________________________________________________9 9 12. Impact on Critical Environmental AreasThe proposed action may be located within or adjacent to a critical NO YES environmental area (CEA). (See Part 1. E.3.d) If “Yes”, answer questions a - c. If “No”, go to Section 13. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may result in a reduction in the quantity of the resource orcharacteristic which was the basis for designation of the CEA. E3d 9 9 b. The proposed action may result in a reduction in the quality of the resource orcharacteristic which was the basis for designation of the CEA. E3d 9 9 c. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 Page 8 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. NO YES (See Part 1. D.2.j) If “Yes”, answer questions a - f. If “No”, go to Section 14. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. Projected traffic increase may exceed capacity of existing road network.D2j 9 9 b. The proposed action may result in the construction of paved parking area for 500 ormore vehicles. D2j 9 9 c. The proposed action will degrade existing transit access.D2j 9 9 d. The proposed action will degrade existing pedestrian or bicycle accommodations.D2j 9 9 e.The proposed action may alter the present pattern of movement of people or goods.D2j 9 9 f.Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 14. Impact on EnergyThe proposed action may cause an increase in the use of any form of energy. NO YES (See Part 1. D.2.k) If “Yes”, answer questions a - e. If “No”, go to Section 15. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action will require a new, or an upgrade to an existing, substation.D2k 9 9 b. The proposed action will require the creation or extension of an energy transmissionor supply system to serve more than 50 single or two-family residences or to serve acommercial or industrial use. D1f, D1q, D2k 9 9 c. The proposed action may utilize more than 2,500 MWhrs per year of electricity.D2k 9 9 d. The proposed action may involve heating and/or cooling of more than 100,000 squarefeet of building area when completed. D1g 9 9 e. Other Impacts: ____________________________________________________________________________________________________________________________ 15. Impact on Noise, Odor, and LightThe proposed action may result in an increase in noise, odors, or outdoor lighting. NO YES (See Part 1. D.2.m., n., and o.) If “Yes”, answer questions a - f. If “No”, go to Section 16. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may produce sound above noise levels established by localregulation. D2m 9 9 b. The proposed action may result in blasting within 1,500 feet of any residence,hospital, school, licensed day care center, or nursing home. D2m, E1d 9 9 c. The proposed action may result in routine odors for more than one hour per day.D2o 9 9 Page 9 of 10 d. The proposed action may result in light shining onto adjoining properties.D2n 9 9 e. The proposed action may result in lighting creating sky-glow brighter than existingarea conditions.D2n, E1a 9 9 f. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 16. Impact on Human HealthThe proposed action may have an impact on human health from exposure NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) If “Yes”, answer questions a - m. If “No”, go to Section 17. Relevant Part I Question(s) No,or small impact may cccur Moderate to large impact may occur a. The proposed action is located within 1500 feet of a school, hospital, licensed daycare center, group home, nursing home or retirement community.E1d 9 9 b. The site of the proposed action is currently undergoing remediation.E1g, E1h 9 9 c. There is a completed emergency spill remediation, or a completed environmental siteremediation on, or adjacent to, the site of the proposed action. E1g, E1h 9 9 d.The site of the action is subject to an institutional control limiting the use of the property (e.g., easement or deed restriction). E1g, E1h 9 9 e. The proposed action may affect institutional control measures that were put in placeto ensure that the site remains protective of the environment and human health. E1g, E1h 9 9 f. The proposed action has adequate control measures in place to ensure that futuregeneration, treatment and/or disposal of hazardous wastes will be protective of theenvironment and human health. D2t 9 9 g. The proposed action involves construction or modification of a solid wastemanagement facility. D2q, E1f 9 9 h. The proposed action may result in the unearthing of solid or hazardous waste.D2q, E1f 9 9 i. The proposed action may result in an increase in the rate of disposal, or processing, of solid waste. D2r, D2s 9 9 j. The proposed action may result in excavation or other disturbance within 2000 feet ofa site used for the disposal of solid or hazardous waste. E1f, E1g E1h 9 9 k. The proposed action may result in the migration of explosive gases from a landfill site to adjacent off site structures. E1f, E1g 9 9 l. The proposed action may result in the release of contaminated leachate from the project site. D2s, E1f, D2r 9 9 m. Other impacts: ______________________________________________________ __________________________________________________________________ Page 10 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. NO YES (See Part 1. C.1, C.2. and C.3.) If “Yes”, answer questions a - h. If “No”, go to Section 18. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action’s land use components may be different from, or in sharp contrast to, current surrounding land use pattern(s). C2, C3, D1a E1a, E1b 9 9 b. The proposed action will cause the permanent population of the city, town or village in which the project is located to grow by more than 5%. C2 9 9 c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 9 9 d. The proposed action is inconsistent with any County plans, or other regional land use plans. C2, C2 9 9 e. The proposed action may cause a change in the density of development that is not supported by existing infrastructure or is distant from existing infrastructure. C3, D1c, D1d, D1f, D1d, Elb 9 9 f. The proposed action is located in an area characterized by low density development that will require new or expanded public infrastructure. C4, D2c, D2d D2j 9 9 g. The proposed action may induce secondary development impacts (e.g., residential or commercial development not included in the proposed action) C2a 9 9 h. Other: _____________________________________________________________ __________________________________________________________________ 9 9 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. NO YES (See Part 1. C.2, C.3, D.2, E.3) If “Yes”, answer questions a - g. If “No”, proceed to Part 3. Relevant Part I Question(s) No, or small impact may occur Moderate to large impact may occur a. The proposed action may replace or eliminate existing facilities, structures, or areas of historic importance to the community. E3e, E3f, E3g 9 9 b. The proposed action may create a demand for additional community services (e.g. schools, police and fire) C4 9 9 c. The proposed action may displace affordable or low-income housing in an area where there is a shortage of such housing. C2, C3, D1f D1g, E1a 9 9 d. The proposed action may interfere with the use or enjoyment of officially recognized or designated public resources. C2, E3 9 9 e. The proposed action is inconsistent with the predominant architectural scale and character. C2, C3 9 9 f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 E1a, E1b E2g, E2h 9 9 g. Other impacts: ______________________________________________________ __________________________________________________________________ 9 9 Page 1 of 13 Full Environmental Assessment Form Part 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either “Yes” or “No”. If the answer to the initial question is “Yes”, complete the sub-questions that follow. If the answer to the initial question is “No”, proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part 1is accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: Project Location (describe, and attach a general location map): Brief Description of Proposed Action (include purpose or need): Name of Applicant/Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: Project Contact (if not same as sponsor; give name and title/role): Telephone: E-Mail: Address: City/PO:State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO:State: Zip Code: FEAF 2019 Page 2 of 13 B. Government Approvals B.Government Approvals, Funding, or Sponsorship. (“Funding” includes grants, loans, tax relief, and any other forms of financialassistance.) Government Entity If Yes: Identify Agency and Approval(s) Required Application Date (Actual or projected) a.City Counsel, Town Board, 9 Yes 9 Noor Village Board of Trustees b. City, Town or Village 9 Yes 9 No Planning Board or Commission c.City, Town or 9 Yes 9 No Village Zoning Board of Appeals d. Other local agencies 9 Yes 9 No e. County agencies 9 Yes 9 No f. Regional agencies 9 Yes 9 No g. State agencies 9 Yes 9 No h. Federal agencies 9 Yes 9 No i. Coastal Resources. i.Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway?9 Yes 9 No ii.Is the project site located in a community with an approved Local Waterfront Revitalization Program? 9 Yes 9 No iii. Is the project site within a Coastal Erosion Hazard Area?9 Yes 9 No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of a plan, local law, ordinance, rule or regulation be the 9 Yes 9 No only approval(s) which must be granted to enable the proposed action to proceed? •If Yes, complete sections C, F and G. •If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plan(s) include the site 9 Yes 9 No where the proposed action would be located?If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action 9 Yes 9 No would be located? b.Is the site of the proposed action within any local or regional special planning district (for example: Greenway; 9 Yes 9 No Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?)If Yes, identify the plan(s): _______________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, 9 Yes 9 Noor an adopted municipal farmland protection plan?If Yes, identify the plan(s): ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page 3 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance.9 Yes 9 NoIf Yes, what is the zoning classification(s) including any applicable overlay district?__________________________________________________________________________________________________________________________________________________________________________________________________________________ b. Is the use permitted or allowed by a special or conditional use permit?9 Yes 9 No c. Is a zoning change requested as part of the proposed action?9 Yes 9 No If Yes, i.What is the proposed new zoning for the site? ___________________________________________________________________ C.4. Existing community services. a. In what school district is the project site located? ________________________________________________________________ b. What police or other public protection forces serve the project site? _________________________________________________________________________________________________________ c. Which fire protection and emergency medical services serve the project site?__________________________________________________________________________________________________________ d. What parks serve the project site?____________________________________________________________________________________________________________________________________________________________________________________________________________________ D. Project Details D.1. Proposed and Potential Development a. What is the general nature of the proposed action (e.g., residential, industrial, commercial, recreational; if mixed, include allcomponents)?_________________________________________________________________________________________________________ b. a. Total acreage of the site of the proposed action?_____________ acres b. Total acreage to be physically disturbed?_____________ acres c. Total acreage (project site and any contiguous properties) ownedor controlled by the applicant or project sponsor?_____________ acres c. Is the proposed action an expansion of an existing project or use?9 Yes 9 No i.If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units,square feet)? % ____________________ Units: ____________________ d. Is the proposed action a subdivision, or does it include a subdivision? 9 Yes 9 No If Yes, i.Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types)________________________________________________________________________________________________________ ii. Is a cluster/conservation layout proposed? 9 Yes 9 No iii.Number of lots proposed? ________ iv.Minimum and maximum proposed lot sizes? Minimum __________ Maximum __________ 9 Yes 9 No _____ months _____ _____ month _____ year e. Will the proposed action be constructed in multiple phases?i.If No, anticipated period of construction:ii.If Yes: •Total number of phases anticipated •Anticipated commencement date of phase 1 (including demolition) •Anticipated completion date of final phase _____ month _____year •Generally describe connections or relationships among phases, including any contingencies where progress of one phase maydetermine timing or duration of future phases: _______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ Page 4 of 13 f. Does the project include new residential uses?9 Yes 9 No If Yes, show numbers of units proposed. One Family Two Family Three Family Multiple Family (four or more) Initial Phase ___________ ___________ ____________ ________________________ At completion of all phases ___________ ___________ ____________ ________________________ g. Does the proposed action include new non-residential construction (including expansions)? 9 Yes 9 No If Yes, i. Total number of structures ___________ ii.Dimensions (in feet) of largest proposed structure: ________height; ________width; and _______ length iii.Approximate extent of building space to be heated or cooled: ______________________ square feet h. Does the proposed action include construction or other activities that will result in the impoundment of any 9 Yes 9 No liquids, such as creation of a water supply, reservoir, pond, lake, waste lagoon or other storage?If Yes, i.Purpose of the impoundment: ________________________________________________________________________________ ii.If a water impoundment, the principal source of the water: 9 Ground water 9 Surface water streams 9 Other specify:_________________________________________________________________________________________________________ iii.If other than water, identify the type of impounded/contained liquids and their source._________________________________________________________________________________________________________ iv.Approximate size of the proposed impoundment. Volume: ____________ million gallons; surface area: ____________ acres v.Dimensions of the proposed dam or impounding structure: ________ height; _______ length vi.Construction method/materials for the proposed dam or impounding structure (e.g., earth fill, rock, wood, concrete):________________________________________________________________________________________________________ D.2. Project Operations a. Does the proposed action include any excavation, mining, or dredging, during construction, operations, or both? 9 Yes 9 No(Not including general site preparation, grading or installation of utilities or foundations where all excavatedmaterials will remain onsite)If Yes: i .What is the purpose of the excavation or dredging? _______________________________________________________________ ii.How much material (including rock, earth, sediments, etc.) is proposed to be removed from the site? •Volume (specify tons or cubic yards): ____________________________________________ •Over what duration of time? ____________________________________________________ iii.Describe nature and characteristics of materials to be excavated or dredged, and plans to use, manage or dispose of them.________________________________________________________________________________________________________________________________________________________________________________________________________________iv.Will there be onsite dewatering or processing of excavated materials? 9 Yes 9 NoIf yes, describe. ___________________________________________________________________________________________________________________________________________________________________________________________________ v.What is the total area to be dredged or excavated? _____________________________________acres vi.What is the maximum area to be worked at any one time? _______________________________ acres vii.What would be the maximum depth of excavation or dredging? __________________________ feet viii.Will the excavation require blasting?9 Yes 9 No ix.Summarize site reclamation goals and plan: _____________________________________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ b. Would the proposed action cause or result in alteration of, increase or decrease in size of, or encroachment 9 Yes 9 No into any existing wetland, waterbody, shoreline, beach or adjacent area?If Yes: i.Identify the wetland or waterbody which would be affected (by name, water index number, wetland map number or geographicdescription): ______________________________________________________________________________________________ _________________________________________________________________________________________________________ Page 5 of 13 ii. iii. Describe how the proposed action would affect that waterbody or wetland, e.g. excavation, fill, placement of structures, or alteration of channels, banks and shorelines. Indicate extent of activities, alterations and additions in square feet or acres: _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ Will the proposed action cause or result in disturbance to bottom sediments? Yes 9 No If Yes, describe: __________________________________________________________________________________________ iv.Will the proposed action cause or result in the destruction or removal of aquatic vegetation?9 Yes 9 No If Yes: •acres of aquatic vegetation proposed to be removed: ___________________________________________________________ •expected acreage of aquatic vegetation remaining after project completion:________________________________________ •purpose of proposed removal (e.g. beach clearing, invasive species control, boat access): ________________________________________________________________________________________________________________________________ •proposed method of plant removal: ________________________________________________________________________ •if chemical/herbicide treatment will be used, specify product(s): _________________________________________________ v.Describe any proposed reclamation/mitigation following disturbance: __________________________________________________________________________________________________________________________________________________________ c. Will the proposed action use, or create a new demand for water? 9 Yes 9 No If Yes: i.Total anticipated water usage/demand per day: __________________________ gallons/day ii.Will the proposed action obtain water from an existing public water supply? 9 Yes 9 No If Yes: •Name of district or service area: _________________________________________________________________________ •Does the existing public water supply have capacity to serve the proposal? 9 Yes 9 No •Is the project site in the existing district? 9 Yes 9 No •Is expansion of the district needed? 9 Yes 9 No •Do existing lines serve the project site? 9 Yes 9 No iii.Will line extension within an existing district be necessary to supply the project? 9 Yes 9 No If Yes: •Describe extensions or capacity expansions proposed to serve this project: ________________________________________ ____________________________________________________________________________________________________ •Source(s) of supply for the district: ________________________________________________________________________ iv.Is a new water supply district or service area proposed to be formed to serve the project site? 9 Yes 9 No If, Yes: •Applicant/sponsor for new district: ________________________________________________________________________ •Date application submitted or anticipated: __________________________________________________________________ •Proposed source(s) of supply for new district: _______________________________________________________________ v.If a public water supply will not be used, describe plans to provide water supply for the project: ____________________________________________________________________________________________________________________________________ vi.If water supply will be from wells (public or private), what is the maximum pumping capacity: _______ gallons/minute. d. Will the proposed action generate liquid wastes?9 Yes 9 No If Yes: i.Total anticipated liquid waste generation per day: _______________ gallons/day ii.Nature of liquid wastes to be generated (e.g., sanitary wastewater, industrial; if combination, describe all components andapproximate volumes or proportions of each): ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ iii.Will the proposed action use any existing public wastewater treatment facilities?9 Yes 9 NoIf Yes: •Name of wastewater treatment plant to be used: _____________________________________________________________ •Name of district: ______________________________________________________________________________________ •Does the existing wastewater treatment plant have capacity to serve the project?9 Yes 9 No • Is the project site in the existing district?9 Yes 9 No • Is expansion of the district needed?9 Yes 9 No Page 6 of 13 9 Yes 9 No •Do existing sewer lines serve the project site? •Will a line extension within an existing district be necessary to serve the project?9 Yes 9 No If Yes: •Describe extensions or capacity expansions proposed to serve this project: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ iv.Will a new wastewater (sewage) treatment district be formed to serve the project site?9 Yes 9 No If Yes: •Applicant/sponsor for new district: ____________________________________________________________________ •Date application submitted or anticipated: _______________________________________________________________ •What is the receiving water for the wastewater discharge? __________________________________________________ v.If public facilities will not be used, describe plans to provide wastewater treatment for the project, including specifying proposedreceiving water (name and classification if surface discharge or describe subsurface disposal plans):________________________________________________________________________________________________________________________________________________________________________________________________________________ vi.Describe any plans or designs to capture, recycle or reuse liquid waste: _______________________________________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ e. Will the proposed action disturb more than one acre and create stormwater runoff, either from new point 9 Yes 9 No sources (i.e. ditches, pipes, swales, curbs, gutters or other concentrated flows of stormwater) or non-pointsource (i.e. sheet flow) during construction or post construction?If Yes: i.How much impervious surface will the project create in relation to total size of project parcel? _____ Square feet or _____ acres (impervious surface) _____ Square feet or _____ acres (parcel size) ii.Describe types of new point sources. ___________________________________________________________________________________________________________________________________________________________________________________ iii.Where will the stormwater runoff be directed (i.e. on-site stormwater management facility/structures, adjacent properties,groundwater, on-site surface water or off-site surface waters)?________________________________________________________________________________________________________________________________________________________________________________________________________________ •If to surface waters, identify receiving water bodies or wetlands: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ •Will stormwater runoff flow to adjacent properties?9 Yes 9 No iv.Does the proposed plan minimize impervious surfaces, use pervious materials or collect and re-use stormwater?9 Yes 9 No f. Does the proposed action include, or will it use on-site, one or more sources of air emissions, including fuel 9 Yes 9 No combustion, waste incineration, or other processes or operations?If Yes, identify: i. Mobile sources during project operations (e.g., heavy equipment, fleet or delivery vehicles)_________________________________________________________________________________________________________ ii.Stationary sources during construction (e.g., power generation, structural heating, batch plant, crushers)________________________________________________________________________________________________________ iii.Stationary sources during operations (e.g., process emissions, large boilers, electric generation)________________________________________________________________________________________________________ g. Will any air emission sources named in D.2.f (above), require a NY State Air Registration, Air Facility Permit,9 Yes 9 No or Federal Clean Air Act Title IV or Title V Permit?If Yes: i.Is the project site located in an Air quality non-attainment area? (Area routinely or periodically fails to meet 9 Yes 9 No ambient air quality standards for all or some parts of the year) ii.In addition to emissions as calculated in the application, the project will generate: •___________Tons/year (short tons) of Carbon Dioxide (CO2) •___________Tons/year (short tons) of Nitrous Oxide (N2O) •___________Tons/year (short tons) of Perfluorocarbons (PFCs) •___________Tons/year (short tons) of Sulfur Hexafluoride (SF6) •___________Tons/year (short tons) of Carbon Dioxide equivalent of Hydroflourocarbons (HFCs) •___________Tons/year (short tons) of Hazardous Air Pollutants (HAPs) Page 7 of 13 h. Will the proposed action generate or emit methane (including, but not limited to, sewage treatment plants,9 Yes 9 No landfills, composting facilities)?If Yes: i.Estimate methane generation in tons/year (metric): ________________________________________________________________ ii. Describe any methane capture, control or elimination measures included in project design (e.g., combustion to generate heat orelectricity, flaring): _________________________________________________________________________________________________________________________________________________________________________________________________ i. Will the proposed action result in the release of air pollutants from open-air operations or processes, such as 9 Yes 9 Noquarry or landfill operations?If Yes: Describe operations and nature of emissions (e.g., diesel exhaust, rock particulates/dust): _________________________________________________________________________________________________________ _________________________________________________________________________________________________________ j. Will the proposed action result in a substantial increase in traffic above present levels or generate substantial 9 Yes 9 No new demand for transportation facilities or services?If Yes: i.When is the peak traffic expected (Check all that apply): Morning Evening Weekend Randomly between hours of __________ to ________. ii.For commercial activities only, projected number of truck trips/day and type (e.g., semi trailers and dump trucks): _____________ iii. iv. v. Parking spaces: Existing ___________________ Proposed ___________ Net increase/decrease _____________________ Does the proposed action include any shared use parking? Yes No 9 Yes 9 No vi.Are public/private transportation service(s) or facilities available within ½ mile of the proposed site? vii Will the proposed action include access to public transportation or accommodations for use of hybrid, electric 9 Yes 9 No or other alternative fueled vehicles? viii. Will the proposed action include plans for pedestrian or bicycle accommodations for connections to existing 9 Yes 9 No pedestrian or bicycle routes? k. Will the proposed action (for commercial or industrial projects only) generate new or additional demand 9 Yes 9 No for energy?If Yes: i.Estimate annual electricity demand during operation of the proposed action: _____________________________________________________________________________________________________________________________________________________ ii.Anticipated sources/suppliers of electricity for the project (e.g., on-site combustion, on-site renewable, via grid/local utility, orother):________________________________________________________________________________________________________ iii.Will the proposed action require a new, or an upgrade, to an existing substation?9 Yes 9 No l. Hours of operation. Answer all items which apply. i. During Construction:ii.During Operations: •Monday - Friday: _________________________•Monday - Friday: ____________________________ •Saturday: ________________________________•Saturday: ___________________________________ •Sunday: _________________________________•Sunday: ____________________________________ •Holidays: ________________________________•Holidays: ___________________________________ If the proposed action includes any modification of existing roads, creation of new roads or change in existing access, describe:________________________________________________________________________________________________________ ________________________________________________________________________________________________________ Page 8 of 13 m. Will the proposed action produce noise that will exceed existing ambient noise levels during construction,9 Yes 9 No operation, or both?If yes: i.Provide details including sources, time of day and duration:_______________________________________________________________________________________________________ _______________________________________________________________________________________________________ ii. Will the proposed action remove existing natural barriers that could act as a noise barrier or screen?9 Yes 9 No Describe: _________________________________________________________________________________________________ _________________________________________________________________________________________________________ n. W th ill prop e os actio ed hav n e outd ligh oor ting? 9 Yes 9 No If yes: i.Describe source(s), location(s), height of fixture(s), direction/aim, and proximity to nearest occupied structures: __________________________________________________________________________________________________________________________________________________________________________________________________________________ ii.Will proposed action remove existing natural barriers that could act as a light barrier or screen?9 Yes 9 NoDescribe: __________________________________________________________________________________________________________________________________________________________________________________________________________ o.Does the proposed action have the potential to produce odors for more than one hour per day?9 Yes 9 No If Yes, describe possible sources, potential frequency and duration of odor emissions, and proximity to nearestoccupied structures: ______________________________________________________________________________________ ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ p.9 Yes 9 No Will the proposed action include any bulk storage of petroleum (combined capacity of over 1,100 gallons)or chemical products 185 gallons in above ground storage or any amount in underground storage?If Yes: i.Product(s) to be stored ______________________________________________________________________________________ii.Volume(s) ______ per unit time ___________ (e.g., month, year)iii.Generally, describe the proposed storage facilities:________________________________________________________________ ________________________________________________________________________________________________________ q. Will the proposed action (commercial, industrial and recreational projects only) use pesticides (i.e., herbicides,9 Yes 9 No insecticides) during construction or operation?If Yes: i.Describe proposed treatment(s):________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ii.Will the proposed action use Integrated Pest Management Practices?9 Yes 9 No r. Will the proposed action (commercial or industrial projects only) involve or require the management or disposal 9 Yes 9 Noof solid waste (excluding hazardous materials)?If Yes: i.Describe any solid waste(s) to be generated during construction or operation of the facility: •Construction: ____________________ tons per ________________ (unit of time) •Operation : ____________________ tons per ________________ (unit of time) ii.Describe any proposals for on-site minimization, recycling or reuse of materials to avoid disposal as solid waste: •Construction: ____________________________________________________________________________________________________________________________________________________________________________________________ •Operation: ______________________________________________________________________________________________________________________________________________________________________________________________ iii.Proposed disposal methods/facilities for solid waste generated on-site: •Construction: ________________________________________________________________________________________ ____________________________________________________________________________________________________ •Operation: ______________________________________________________________________________________________________________________________________________________________________________________________ Page 9 of 13 s. Does the proposed action include construction or modification of a solid waste management facility?9 Yes 9 No If Yes: i.Type of management or handling of waste proposed for the site (e.g., recycling or transfer station, composting, landfill, or other disposal activities): ___________________________________________________________________________________ ii.Anticipated rate of disposal/processing: •________ Tons/month, if transfer or other non-combustion/thermal treatment, or •________ Tons/hour, if combustion or thermal treatment iii.If landfill, anticipated site life: ________________________________ years t. Will the proposed action at the site involve the commercial generation, treatment, storage, or disposal of hazardous 9 Yes 9 No waste?If Yes: i.Name(s) of all hazardous wastes or constituents to be generated, handled or managed at facility: _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ ii.Generally describe processes or activities involving hazardous wastes or constituents: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ iii. Specify amount to be handled or generated _____ tons/month iv.Describe any proposals for on-site minimization, recycling or reuse of hazardous constituents: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ v.Will any hazardous wastes be disposed at an existing offsite hazardous waste facility?9 Yes 9 No If Yes: provide name and location of facility: _______________________________________________________________________ ________________________________________________________________________________________________________ If No: describe proposed management of any hazardous wastes which will not be sent to a hazardous waste facility: ________________________________________________________________________________________________________ ________________________________________________________________________________________________________ E. Site and Setting of Proposed Action E.1. Land uses on and surrounding the project site a. Existing land uses. i.Check all uses that occur on, adjoining and near the project site. 9 Urban 9 Industrial 9 Commercial 9 Residential (suburban) 9 Rural (non-farm) 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): ____________________________________ ii.If mix of uses, generally describe:__________________________________________________________________________________________________________ __________________________________________________________________________________________________________ b. Land uses and covertypes on the project site. Land use or Covertype Current Acreage Acreage After Project Completion Change (Acres +/-) •Roads, buildings, and other paved or impervioussurfaces •Forested •Meadows, grasslands or brushlands (non- agricultural, including abandoned agricultural) •Agricultural (includes active orchards, field, greenhouse etc.) •Surface water features (lakes, ponds, streams, rivers, etc.) •Wetlands (freshwater or tidal) •Non-vegetated (bare rock, earth or fill) •OtherDescribe: _______________________________ ________________________________________ Page 10 of 13 c. Is the project site presently used by members of the community for public recreation?9 Yes 9 No i.If Yes: explain: __________________________________________________________________________________________ d. Are there any facilities serving children, the elderly, people with disabilities (e.g., schools, hospitals, licensed 9 Yes 9 No day care centers, or group homes) within 1500 feet of the project site?If Yes, i.Identify Facilities:________________________________________________________________________________________________________________________________________________________________________________________________________________ e. Does the project site contain an existing dam?9 Yes 9 No If Yes: i.Dimensions of the dam and impoundment: •Dam height: _________________________________ feet •Dam length: _________________________________ feet •Surface area: _________________________________ acres •Volume impounded: _______________________________ gallons OR acre-feet ii.Dam=s existing hazard classification: _________________________________________________________________________ iii.Provide date and summarize results of last inspection: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ f. Has the project site ever been used as a municipal, commercial or industrial solid waste management facility,9 Yes 9 No or does the project site adjoin property which is now, or was at one time, used as a solid waste management facility?If Yes: i. Has the facility been formally closed?9 Yes 9 No •If yes, cite sources/documentation: _______________________________________________________________________ ii.Describe the location of the project site relative to the boundaries of the solid waste management facility:______________________________________________________________________________________________________________________________________________________________________________________________________________ iii.Describe any development constraints due to the prior solid waste activities: _________________________________________________________________________________________________________________________________________________ g. Have hazardous wastes been generated, treated and/or disposed of at the site, or does the project site adjoin 9 Yes 9 No property which is now or was at one time used to commercially treat, store and/or dispose of hazardous waste? If Yes: i.Describe waste(s) handled and waste management activities, including approximate time when activities occurred: _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ h. Potential contamination history. Has there been a reported spill at the proposed project site, or have any 9 Yes 9 No remedial actions been conducted at or adjacent to the proposed site?If Yes: i.Is any portion of the site listed on the NYSDEC Spills Incidents database or Environmental Site 9 Yes 9 No Remediation database? Check all that apply: 9 Yes – Spills Incidents database Provide DEC ID number(s): ________________________________ 9 Yes – Environmental Site Remediation database Provide DEC ID number(s): ________________________________ 9 Neither database ii.If site has been subject of RCRA corrective activities, describe control measures:_______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ iii.Is the project within 2000 feet of any site in the NYSDEC Environmental Site Remediation database?9 Yes 9 No If yes, provide DEC ID number(s): ______________________________________________________________________________ iv.If yes to (i), (ii) or (iii) above, describe current status of site(s): _______________________________________________________________________________________________________ _______________________________________________________________________________________________________ Page 11 of 13 v.Is the project site subject to an institutional control limiting property uses?9 Yes 9 No •If yes, DEC site ID number: ____________________________________________________________________________ •Describe the type of institutional control (e.g., deed restriction or easement): ____________________________________ •Describe any use limitations: ___________________________________________________________________________ •Describe any engineering controls: _______________________________________________________________________ •Will the project affect the institutional or engineering controls in place?9 Yes 9 No •Explain: ____________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ E.2. Natural Resources On or Near Project Site a. What is the average depth to bedrock on the project site? ________________ feet b. Are there bedrock outcroppings on the project site?9 Yes 9 No If Yes, what proportion of the site is comprised of bedrock outcroppings? __________________% c. Predominant soil type(s) present on project site: ___________________________ __________% ___________________________ __________% ____________________________ __________% d. What is the average depth to the water table on the project site? Average: _________ feet e. Drainage status of project site soils: 9 Well Drained:_____% of site 9 Moderately Well Drained: _____% of site 9 Poorly Drained _____% of site f. Approximate proportion of proposed action site with slopes: 9 0-10%:_____% of site 9 10-15%: _____% of site 9 15% or greater: _____% of site g. Are there any unique geologic features on the project site?9 Yes 9 No If Yes, describe: _____________________________________________________________________________________________ ________________________________________________________________________________________________________ h. Surface water features. i.Does any portion of the project site contain wetlands or other waterbodies (including streams, rivers,9 Yes 9 No ponds or lakes)? ii.Do any wetlands or other waterbodies adjoin the project site?9 Yes 9 No If Yes to either i or ii, continue. If No, skip to E.2.i. iii.Are any of the wetlands or waterbodies within or adjoining the project site regulated by any federal,9 Yes 9 No state or local agency? iv.For each identified regulated wetland and waterbody on the project site, provide the following information:•Streams: Name ____________________________________________ Classification _______________________ •Lakes or Ponds: Name ____________________________________________ Classification _______________________•Wetlands: Name ____________________________________________ Approximate Size ___________________ •Wetland No. (if regulated by DEC) _____________________________ v.Are any of the above water bodies listed in the most recent compilation of NYS water quality-impaired 9 Yes 9 No waterbodies?If yes, name of impaired water body/bodies and basis for listing as impaired: _____________________________________________ ___________________________________________________________________________________________________________ i.Is the project site in a designated Floo dway?9 Yes 9 No j.Is the project site in the 100-year Floodplain?9 Yes 9 No k.Is the project site in the 500-year Floodplain?9 Yes 9 No l. Is the project site located over, or immediately adjoining, a primary, principal or sole source aquifer?9 Yes 9 No If Yes: i.Name of aquifer: _________________________________________________________________________________________ Page 12 of 13 m. Identify the predominant wildlife species that occupy or use the project site: ______________________________ ______________________________ _______________________________ ______________________________ ______________________________ _______________________________ ______________________________ n. Does the project site contain a designated significant natural community?9 Yes 9 No If Yes: i.Describe the habitat/community (composition, function, and basis for designation): _____________________________________________________________________________________________________________________________________________ ii.Source(s) of description or evaluation: ________________________________________________________________________ iii.Extent of community/habitat: •Currently: ______________________ acres •Following completion of project as proposed: _____________________ acres •Gain or loss (indicate + or -): ______________________ acres o. Does project site contain any species of plant or animal that is listed by the federal government or NYS as 9 Yes 9 No endangered or threatened, or does it contain any areas identified as habitat for an endangered or threatened species? p. Does the project site contain any species of plant or animal that is listed by NYS as rare, or as a species of 9 Yes 9 Nospecial concern? q. Is the project site or adjoining area currently used for hunting, trapping, fishing or shell fishing?9 Yes 9 No If yes, give a brief description of how the proposed action may affect that use: ___________________________________________ ________________________________________________________________________________________________________ E.3. Designated Public Resources On or Near Project Site a. Is the project site, or any portion of it, located in a designated agricultural district certified pursuant to 9 Yes 9 No Agriculture and Markets Law, Article 25-AA, Section 303 and 304?If Yes, provide county plus district name/number: _________________________________________________________________ b. Are agricultural lands consisting of highly productive soils present?9 Yes 9 No i.If Yes: acreage(s) on project site? ___________________________________________________________________________ ii.Source(s) of soil rating(s): _________________________________________________________________________________ c. Does the project site contain all or part of, or is it substantially contiguous to, a registered National 9 Yes 9 No Natural Landmark?If Yes: i.Nature of the natural landmark: 9 Biological Community 9 Geological Feature ii.Provide brief description of landmark, including values behind designation and approximate size/extent: ___________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________ d. Is the project site located in or does it adjoin a state listed Critical Environmental Area?9 Yes 9 No If Yes: i.CEA name: _____________________________________________________________________________________________ ii.Basis for designation: _____________________________________________________________________________________ iii.Designating agency and date: ______________________________________________________________________________ If Yes: i.Species and listing (endangered or threatened):______________________________________________________________________________ ________________________________________________________________________________________________________________________ ________________________________________________________________________________________________________________________ If Yes: i.Species and listing:____________________________________________________________________________________________________ _______________________________________________________________________________________________________________________ Page 13 of 13 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district 9 Yes 9 Nowhich is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places?If Yes: i.Nature of historic/archaeological resource: 9 Archaeological Site 9 Historic Building or District ii.Name: _________________________________________________________________________________________________ iii.Brief description of attributes on which listing is based:_______________________________________________________________________________________________________ f. Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for 9 Yes 9 No archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? g. Have additional archaeological or historic site(s) or resources been identified on the project site?9 Yes 9 No If Yes: i. Describe possible resource(s): _______________________________________________________________________________ ii.Basis for identification: ___________________________________________________________________________________ h.9 Yes 9 No Is the project site within fives miles of any officially designated and publicly accessible federal, state, or localscenic or aesthetic resource?If Yes: i.Identify resource: _________________________________________________________________________________________ ii.Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway,etc.): ___________________________________________________________________________________________________ iii.Distance between project and resource: _____________________ miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers 9 Yes 9 No Program 6 NYCRR 666?If Yes: i.Identify the name of the river and its designation: ________________________________________________________________ ii.Is the activity consistent with development restrictions contained in 6NYCRR Part 666?9 Yes 9 No F. Additional InformationAttach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. VerificationI certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name ___________________________________ Date_______________________________________ Signature________________________________________________ Title_______________________________________ ADOPTED RESOLUTION City of Ithaca Planning & Development Board S/CEQR Negative Declaration Breeze Apartments 121-125 Lake Street December 20, 2022 WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for construction of a four-story apartment building with 77 units/109 beds by Todd Fox, 121-125 Lake Street LLC, and WHEREAS: the applicant proposes to build an 83,160 GSF, four story apartment building and associated site improvements on the former Gun Hill Factory site. The 77-unit with approximately 109 beds, market-rate apartment building will be a mix of studios, one- and two-bedroom units and includes 77 parking spaces (47 surface spaces and +/- 30 covered spaces under the building). Site improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore edges of the site. The building will be constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site development can occur, the applicant is required to remediate the site based on a soil cleanup objective for restricted residential use. A remedial investigation (RI) was recently completed at the site and was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and requires multiple variances, and WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11) and is subject to environmental review, and WHEREAS: the NYS Department of Environmental Conservation, the Tompkins County Department of Health, Common Council, the Tompkins County Industrial Development Agency, and the Board of Zoning Appeals have been identified as potentially Involved Agencies in Environmental Review, and, WHEREAS: the City of Ithaca Planning and Development Board, being the local agency which has primary responsibility for approving and funding or carrying out the action, did on April 26, 2022 declare itself Lead Agency in Environmental Review for the project, and WHEREAS: the Planning Board, acting as Lead Agency in Environmental Review, did on December 20, 2022, review and accept as adequate: a Full Environmental Assessment Form (FEAF), Part 1, submitted by the applicant, and Parts 2 and 3 prepared by Planning staff; Site Survey L-100, Site Plan L-101, Layout Plan L-102, Landscape Plan L-401, Details L-500, Overlook- Linework L-1, L-2, & L-3, Site Rendering L-600, Exterior Elevations A200, Conceptual Rendering A 201 (2), Materials Board, Aerial Photos and Views (5), Site Lighting/Photometric Plan, and Massing From Lake Street A 202 all prepared by SWBR and dated 12/14/22; Overlook- Aerial Image L-1 prepared by SWBR and dated 12/14/22; Utility Plan C-101, Grading and Drainage Plan C-102 prepared by SWBR and T.G. Miller, P.C. and dated 12/14/22; Wayfinding and Safety Plan dated 11/22/22 prepared by SWBR; Excavation Plan Eastern Parcel C-102A dated August 2022 and prepared by C & S Engineers, Inc.; and other application materials, and WHEREAS: interested parties have been given the opportunity to comment on the proposed project, and any received comments have been considered, now, therefore, be it RESOLVED: that the City Planning Board determined, as elaborated in the FEAF Part 3, that the proposed project will result in no significant adverse impacts on the environment and a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be issued in accordance with the provisions of Part 617 of SEQRA. Moved by: Godden Seconded by: Petrina In favor: Godden, Petrina, Randall, Glass, Blalock, Lewis Against: None Abstain: None Absent: Correa Vacancies: None ADOPTED RESOLUTION City of Ithaca Planning & Development Board Declaration of Lead Agency Breeze Apartments 121-125 Lake Street April 26, 2022 WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS: State Law specifies that for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS: the City of Ithaca Planning and Development Board has one pending application for site plan approval for construction of a four story apartment building with 77 units/109 beds by Todd Fox, 121-125 Lake Street LLC, and WHEREAS: the applicant proposes to build an 83,160 GSF, four story apartment building and associated site improvements on the former Gun Hill Factory site. The 77-unit with approximately 109 beds, market- rate apartment building will be a mix of studios, one- and two-bedroom units and includes 77 parking spaces (47 surface spaces and +/- 30 covered spaces under the building). Site improvements include stone dust walkways, bike racks, benches, a bioretention filter to treat the parking areas and rooftop stormwater, native and adaptive plant species, and meadow areas to restore edges of the site. The building will be constructed on the east parcel of the Former Ithaca Gun Factory Site which is currently in the New York State Brownfield Cleanup Program (BCP). Before site development can occur, the applicant is required to remediate the site based on a soil cleanup objective for restricted residential use. A remedial investigation (RI) was recently completed at the site and was submitted to NYSDEC in April 2021. The project is in the R-3a Zoning District and requires multiple variances, and WHEREAS: this is a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 B(1) (h)[2], (k) and (n) and the State Environmental Quality Review Act (“SEQRA”) §617-4 (b) (11) and is subject to environmental review, now, therefore be it RESOLVED: that the City of Ithaca Planning and Development Board does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed project. Moved by: Petrina Seconded by: Randall In Favor: Petrina, Blalock, Correa, Godden, Randall, Glass, Lewis Against: None Abstain: None Absent: None Vacancies: None -1- 8.1 Approval of Labor Liaison WHEREAS A Common Council Liaison to contract negotiations between the City and its labor unions and bargaining units would give Council a better and more complete understanding of the issues that are most important to the City's union employees, and WHEREAS A Common Council Liaison to union and bargaining unit labor contract negotiations would give Common Council better knowledge regarding potential future financial commitments before crafting the City's annual budget, and WHEREAS A Common Council Liaison would not be a party to the negotiations themselves, but simply be an observer to the negotiations, and WHEREAS There is precedent for Common Council Liaisons being involved in City labor contract negotiations, as this has been the case in years past, therefore be it RESOLVED That Mayor’s Office nominates one member of Council, subject to the approval by Common Council, to be Common Council Liaison to City of Ithaca labor contract negotiations for the year 2023, commencing January 1st, 2023, and RESOLVED That this assignment be renewed and reassigned each following year on January 1st. -2- 8.2 Establishing the Tompkins County Community Justice Center Advisory Board WHEREAS, by response to Executive Order 203, the Tompkins County Legislature and City of Ithaca Common Council adopted joint resolutions on March 30 and March 31, 2021, to address systemic inequities including 4 disproportionate minority contact on People of Color, specifically Black people, in the public safety system, and WHEREAS, the Community Justice Center was established to coordinate the implementation of approved collaborative county and city plans outlined in the Reimagining Public Safety Plan, and WHEREAS, the Community Justice Center Advisory Board Development Committee was created and tasked with establishing an advisory board to advise the Community Justice Center on implementation of the joint Reimagining Public Safety plan recommendations, and WHEREAS, Community Justice Center Advisory Board Development Committee members met routinely from September 29, 2021, to April 19, 2022, with the goal of providing a report with recommendations for the establishment of the Community Justice Center Advisory Board, and WHEREAS, the Advisory Board Development Committee engaged in rigorous discussions regarding transparency, equity, accountability, and integrity, and WHEREAS, to achieve the goal of reducing disproportionate contact with minoritized groups in the criminal justice system, the committee has put forth recommendations for the structure and duties as a framework for the Community Justice Center Advisory Board, now therefore be it RESOLVED, that the Community Justice Center Advisory Board be established in accordance with the recommendations for membership and duties outlined and approved by the Community Justice Center Advisory Board Development Committee. Community Justice Center Advisory Board Development Committee Joint Recommendations to the Common Council and the Tompkins County Legislature Process Overview: In response to Executive Order 203, the Tompkins County Legislature and Common Council adopted joint resolutions on March 30 and March 31, 2021, to address systemic inequities including disproportionate minority contact on People of Color, specifically Black people in the public safety system. The report included the establishment of a Community Justice Center to coordinate the implementation of approved collaborative plans. To support the Community Justice Center, the County and City governing bodies agreed to establish an advisory board to guide and advise on plan implementation. The City and County established a short-term subcommittee of the following: ● Cynthia Brock, City of Ithaca Common Council ● Laura Lewis, City of Ithaca Common Council ● Schelley Michell-Nunn, City of Ithaca Human Resources ● Shawna Black, Tompkins County Legislature ● Travis Brooks, Tompkins County Legislature ● Deanna Carrithers, Tompkins County Administration ● Dr. Paula Ioanide, Chair and Professor, Ithaca College ● Sean Eldridge, Center for Policing Equity Committee members met routinely from September 29, 2021, to April 19, 2022, with the goal of providing a report with recommendations for the establishment of the Community Justice Center Advisory Board. The Committee engaged in rigorous discussions regarding transparency, equity, accountability, and integrity which elevated the following: ● How does the Advisory Board guide the implementation of approved plans in the Reimagining Public Safety Collaborative? ● What is the role of the Advisory Board in relationship to the Community Justice Center Project Director and associated CJC staff? ● How do we center equity and the experiences of minoritized communities, specifically Black and Brown communities? ● What authority will the Community Justice Center Advisory Board have in relation to the process? ● What will the role of the CJC Advisory Board be in measuring success of the implementation of Executive Order 203 plans? ● What is the relationship to other boards serving similar constituencies? (i.e., Police Review Board, CJATI, etc.) All meeting notes are posted on the Reimagining Public Safety website at www.publicsafetyreimagined.org. To achieve the goal of reducing disproportionate contact with minoritized groups in the criminal justice system, the committee recommends the following duties as a framework for the Community Justice Center Advisory Board: ● Role of the Community Justice Center Advisory Board ○ CJC Board will provide guidance of the implementation of and guide the RPS plans ○ Serve as a vehicle for transparency and accountability for the Reimagining Public Safety process ○ Serve as a communication mechanism between minoritized communities, elected leaders, governmental departments, and non-profit agencies ○ The CJC Advisory Board shall be responsible for actively soliciting, receiving, and reviewing community input ○ Serve as a liaison, and at the request of Common Council or the Legislature, the Sheriff, and/or community groups or organizations involved, serve as a support to help resolve potential disputes between the Criminal Justice System and members of the community, or organizations within Tompkins County ○ Recommend to Common Council or the Legislature as appropriate, resources, training, and services needed to implement collaborative Reimagining Public Safety Plans ○ Promote understanding of the ways minoritized people's intersecting social identities (e.g., their race, gender, LGBTQ+, class, ability, religion, etc.) may produce overlapping and compounding discriminatory effects as they interact with the criminal justice system. ○ Consider budgetary needs, requests, and funding sources, and make budgetary recommendations to the CJC Director, City Common Council and County Legislature ○ CJC Board will make policy recommendations to elected officials including Common Council, County Legislature, Sheriff’s Office, District Attorney’s Office regarding CJC and public safety policies ● Role of the Community Justice Center Director ○ Leads and operationalizes the implementation of the Tompkins County and City of Ithaca Reimagining Public Safety Recommendations. ○ Develops and implements a comprehensive community engagement strategy to ensure the community is involved in all aspects of the implementation process. ○ Develops systems and process timelines for informing elected leaders, staff, and community members of plan progress. ○ Directs, organizes, and facilitates working groups. ○ Develops reports and presentations with clarity to ensure understanding at all levels of the community. ○ Provides leadership, guidance, training, and support to internal and external partners in the development and implementation of recommendations. ○ Provides expert technical guidance and leadership to stakeholders including management and elected officials of social justice issues affecting County/City programs and practices based on data and analysis of proposed legislation and regulations related to the public safety system. ○ Coordinates with the Tompkins County Public Safety, Health and Human Services Committee, and Workforce Diversity and Inclusion Committees and other legislative committees. ○ Directs, evaluates, and coordinates analyses pertaining to plan recommendations regarding race and equity policy issues and long-term plans to address department needs and services and the needs of the community ● Role of Working Groups ○ Working groups serve as the vehicle to implement RPS plans. Working groups are composed of impacted stakeholders such as community members, department staff and elected officials as appropriate. Working groups are designed to develop the requested work product directed to resolutions approved by the Common Council and the Legislature. ○ Working group members are selected by the Community Justice Center Project Director in collaboration with City/County elected. Based upon the framework, the committee recommends the following structure for the Community Justice Center Advisory Board: ● Purpose: The purpose of the Community Justice Center Advisory Board is to advise the Tompkins County Legislature, City of Ithaca Common Council and Community Justice Center Project Director to improve public transparency and accountability with respect to the City of Ithaca and Tompkins County public safety systems, by providing robust opportunities for community engagement, ongoing analysis, and oversight of the implementation of the Reimagining Public Safety plans. • Oversight and Appointment: The Community Justice Center Advisory Board will be jointly overseen by the City of Ithaca Common Council and Tompkins County Legislature. Appointments to the Community Justice Center will be made jointly based upon mutually agreed upon terms and conditions in consultation with the Community Justice Center Project Director. The 7 appointed impacted stakeholder agency positions will be divided as follows: 5 will come from County recommendations (Sheriff’s Office, District Attorney, Assigned Counsel, Mental Health, Harm Reduction Agency), 2 will come from City recommendations (IPD Chief, LEAD). The 7 appointed impacted community representative positions will be divided as follows: 5 will come from City recommendations and 2 will come from County recommendations. Any changes to the board appointment process must be mutually agreed upon by both the City and County elected leadership. ● Composition of the Board: The Community Justice Center Advisory Board will have an inclusive composition of impacted stakeholder agencies, community members and elected officials that include both voting members and associate non-voting members. The board will be composed of voting members to include the Community Justice Center Project Director plus14 individuals, appointed jointly by both the Common Council and Tompkins County Legislature. ○ The following impacted stakeholder agencies appointed to the board shall be: ■ Seven designated appointees from the impacted stakeholder agencies shall include: ● Ithaca Police Department Chief or their designee ● Sheriff’s Office (Elected Sheriff or their designee) ● District Attorney or their designee ● Assigned Counsel ● Law Enforcement Assisted Diversion Program Representative ● Mental Health Representative ● Harm Reduction Agency (Reach Medical) ■ Seven appointees from impacted community populations to the board shall be appointed based upon the following criteria including: ● Persons with lived experiences and; ● Promote community engagement to foster trust, fairness, and legitimacy in the process and; ● Ability to address racial bias and disproportionate policing of communities of color. The board will also include Associate non-voting members as contributors who provide critical insight and are actively engaged in the discussions and activities of the Board. Associate members may be directly impacted or indirectly impacted by the outcomes of the Reimagining Public Safety plans. Associate non-voting members shall be identified based upon content expertise and ability to contribute to the implementation of the Reimagining Public Safety plans. Criteria for consideration would include: ● Mental Health ● Youth Services ● Legal ● Common Council ● Tompkins County Legislature ● Meeting Frequency: The Advisory Board will meet monthly and no less than quarterly. Meetings will be public and Advisory Board members may request an executive session to discuss confidential matters, as necessary. Special Meetings: The Chair may, when deemed necessary, call a special meeting of the CJC Advisory Board with notification at least five days in advance, unless there is an urgent situation at which the board must take action. Confirmation of receipt of notification is required. The Chair shall call a special meeting at the written request of five voting members. The request shall be submitted to the Chair, and copied to staff, by email, fax or paper communication. ● Vacancies: The appointing governing body (City or County) will appoint members to fill vacancies on the Advisory Board created by events other than the normal end of a member's term in accordance with the process set forth. Vacancies shall be filled within 60 days of member resignation. Appointments to fill a vacancy shall not constitute an appointment for a full term but solely to fill the balance of the unexpired term. ● Term of Service: Exclusive of impacted stakeholder agencies, each member shall serve for a two-year term. The term for all members shall begin January 1 and end December 31. However, the first term of all members who are the initial appointees to the Advisory Board, shall be deemed to commence on the date their appointment is approved by the appointing governing body and will end on December 31 of a succeeding year as set forth by the appointing governing body. As part of the original creation of the Advisory Board only, the initial Advisory Board members shall be divided into two groups, with Group A serving an initial one-year term, Group B serving an initial two-year term. The initial one-year term of Group A shall not be considered towards the restriction of two full two-year terms as described in this section. The initial appointees to the Advisory board members shall be placed into two groups as determined by the City and County appointment process. No member may serve on the Advisory Board for more than two full consecutive terms unless such limitation is waived by the appointing governing body. After serving two- consecutive terms, prior members may be considered for re-appoint after a two-year period. Membership may not automatically be extended. ● Attendance: After the second absence from CJC Advisory Board meetings within a calendar year the member will be contacted by the Chair to see if there are problems that can be remedied. After the fifth absence within a calendar year the CJC Advisory Board shall vote on whether or not to recommend to the Chair of the County Legislature to declare that member’s seat vacant and request replacement of that member due to non-attendance at CJC Advisory Board meetings. The member may appeal to the full CJC Advisory Board for reconsideration of any non-attendance recommendation due to special circumstances. Members may also request a leave of absence from the CJC Advisory Board prior to any necessary prolonged absence. Such leave is not automatically granted but will be decided by vote of the CJC Advisory Board based on the best interests of Tompkins County and the City of Ithaca. ● Annual Reporting: The Advisory Board shall report no less than annually and no more than quarterly to the Common Council and Tompkins County Legislature. All information provided must be shared with both municipalities. ● Coordination and Cooperation: In the discharge of its duties, the City Ithaca Common Council and Tompkins County Legislature directs all officers and employees of the coordinating entities to cooperate with the Advisory and, to the extent permitted by law, promptly supply copies of requested documents and records, so that other public officers and Advisory Board members can fully and properly perform their respective duties. ● Training: Each Advisory Board member must successfully complete a comprehensive training and orientation program within six months of appointment. Failure to complete the training may result in disqualification. The training program shall be robust and cover constitutional policing including such topics as use of force, mental health issues, etc. Each board member shall actively participate in the ongoing training program as necessary to fulfill the duties as required for Advisory Board participation. ● Board Leadership, Organization and Meeting Cadence: The Community Justice Center Advisory Board will elect its own chairperson annually and shall establish scheduled monthly meeting dates and will meet no less than quarterly. No chairperson shall serve for more than two consecutive one-year terms but may be re-elected after a minimum of a one-term period has elapsed since that person last served as chairperson. The Advisory Board shall, with the advice of appropriate parties, prepare and adopt necessary rules and regulations for the conduct of its business. A copy of the rules and regulations shall be filed with the City and County Clerks’ Offices. The Advisory Board shall conduct itself in accordance with the rules and regulations approved in consultation with the Project Director. One member of the Community Justice Center Advisory Board or another person so designated by the Community Justice Center shall serve as Secretary for the purpose of recording and distributing minutes of the meetings, and other administrative duties. Each member shall have the right to present agenda items for discussion. ● Evaluation: At the end of the third year of the Community Justice Center and implementation of the Reimagining Public Safety joint plans, the Advisory Board shall undertake a detailed self-evaluation. This detailed self-evaluation shall include a candid assessment about the strengths, weaknesses, successes and challenges of the Advisory Board and implementation of joint plans. It shall also contain recommendations as to whether the Advisory Board should continue in existence and if so, any recommended revisions to its responsibilities and/or authority and whether an independent management audit should be conducted. 8.3 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $2,896,100 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COSTS OF THE EAST STATE STREET-MARTIN LUTHER KING JR. STREET IMPROVEMENTS, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse impact on the environment; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the East State Street-Martin Luther King Jr. Street improvements, in and for the City of Ithaca, Tompkins County, New York, including drainage, sidewalks, curbs, gutters, landscaping, grading or improving rights-of-way, as well as other incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $2,896,100 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 $3,296,100. Section 2. The plan for the financing of such $3,296,100 maximum estimated cost is as follows: -2- a) By the issuance of the $300,000 bonds of said City heretofore authorized to be issued for planning and design therefor pursuant to a bond resolution dated January 6, 2021; b) By the issuance of the $100,000 bonds of said City heretofore authorized to be issued for planning and design therefor pursuant to a bond resolution dated May 25, 2022; and c) By the issuance of the additional $2,896,100 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from, the date of the first bond anticipation note issued therefor. It is hereby further determined that the period of probable usefulness for said object or purpose authorized by bond resolutions dated January 6, 2021 and May 25, 2022 is now determined to be 15 years pursuant to subdivision 20(c) 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 -3- 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 -4- 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 summary form in 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. -5- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -6- 8.4 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $2,000,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COSTS OF THE DESIGN AND CONSTRUCTION OF THE EAST HILL FIRE STATION, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type I Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the design and construction of the East Hill Fire Station at 403 Elmwood Avenue, in and for the City of Ithaca, Tompkins County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, as well as other incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $2,000,000 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 $3,150,000. -7- Section 2. The plan for the financing of such $3,150,000 maximum estimated cost is as follows: a) By the issuance of the $500,000 bonds of said City heretofore authorized to be issued for planning and design therefor pursuant to a bond resolution dated January 16, 2016; b) By the issuance of the $650,000 bonds of said City heretofore authorized to be issued for planning and design therefor pursuant to a bond resolution dated January 3, 2018; and c) By the issuance of the additional $2,000,000 bonds of said City herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is thirty years, pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued therefor. It is hereby further determined that the period of probable usefulness for the objects or purposes authorized by bond resolutions dated January 16, 2016 and January 3, 2018 are now determined to be 30 years pursuant to subdivision 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. 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 -8- 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 -9- 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 summary form in 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- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -11- 8.5 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $3,485,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE COSTS FOR THE SOUTH ALBANY STREET BRIDGE REPLACEMENT, 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 the South Albany Street Bridge Replacement over Six Mile Creek, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $3,485,000 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 $3,850,000. Section 2. The plan for the financing of such $3,850,000 maximum estimated cost is as follows: a) By the issuance of the $155,000 bonds of said City heretofore authorized to be issued for planning and design therefor pursuant to a bond resolution dated June 3, 2020; b) By the issuance of the additional $210,000 bonds of said City authorized pursuant to a bond resolution dated June 2, 2021; and -12- c) By the issuance of the additional $3,485,000 bonds of said City herein authorized; provided, however, that the amount of obligations ultimately to be issued will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued therefor. It is hereby further determined that the period of probable usefulness for said object or purpose authorized by bond resolutions dated June 3, 2020 and June 2, 2021 is determined to be 20 years pursuant to subdivision 10 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. -13- 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. -14- 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 summary form in 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. -15- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -16- 8.6 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF AN ADDITIONAL $985,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY PART OF THE PLANNING AND DESIGN COSTS FOR THE STEWART AVENUE BRIDGE IMPROVEMENT OVER FALL CREEK, IN AND FOR SAID CITY. WHEREAS, by a bond resolution heretofore adopted on May 25, 2022, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $110,000 bonds of said City to pay the planning and design costs of the Stewart Avenue Bridge improvement over Fall Creek; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse impact on the environment; and WHEREAS, it is now desired to authorize $985,000 additional bonds for the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the planning and design for the Stewart Avenue Bridge improvement over Fall Creek, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $985,000 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 $1,095,000. -17- Section 2. The plan for the financing of such $1,095,000 maximum estimated cost is as follows: a) By the issuance of the $110,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated May 25, 2022; and b) By the issuance of the additional $985,000 bonds of said City herein authorized for said specific object or purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62nd(2nd) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of issuance of the first obligations issued therefore. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. 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. -18- Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. 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 -19- 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. -20- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -21- 8.7 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $40,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF PLANNING AND DESIGN COSTS FOR THE CITY COURT BUILDING ROOF AND ROOFTOP UNIT REPLACEMENT, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of planning and design costs for the City Court Building roof and rooftop unit replacement, in and for the City of Ithaca, Tompkins County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $40,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $40,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $40,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62(2nd) of paragraph (a) of Section 11.00 of the Local Finance Law. -22- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -23- 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 -24- 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. -25- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -26- 8.8 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $150,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE PLANNING AND DESIGN COST OF THE HECTOR STREET CULVERT REPLACEMENT AT LINDERMAN CREEK, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the planning and design costs of the Hector Street culvert replacement at Linderman Creek, in and for the City of Ithaca, Tompkins County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $150,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $150,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $150,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62nd(2nd) of paragraph (a) of Section 11.00 of the Local Finance Law. -27- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -28- 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 -29- 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. -30- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -31- 8.9 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $450,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE PLANNING AND DESIGN COSTS FOR THE REPLACEMENT OF NORTH CAYUGA STREET BRIDGE OVER FALL CREEK, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the planning and design costs for the replacement of North Cayuga Street Bridge over Fall Creek, in and for the City of Ithaca, Tompkins County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $450,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $450,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $450,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62nd(2nd) of paragraph (a) of Section 11.00 of the Local Finance Law. -32- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -33- 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 -34- 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. -35- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -36- 8.10 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,750,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE PLANNING AND DESIGN COSTS FOR THE BLACK DIAMOND TRAIL EXTENSION, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the planning and design costs for the Black Diamond Trail Extension along the East side of the inlet, in and for the City of Ithaca, Tompkins County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $2,750,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $2,750,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $2,750,000 bonds of said City authorized to be issued pursuant to this bond resolution; 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. -37- Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62nd(2nd) of paragraph (a) of Section 11.00 of the Local Finance Law. 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. -38- 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. -39- 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. -40- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -41- 8.11 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $275,700 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE REPLACEMENT AND UPGRADE OF NETWORK SWITCHES AND RELATED EQUIPMENT, FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the replacement and upgrade of switches, fiber transceivers and related software of the City’s internet network, 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 $275,700 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $275,700, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $275,700 bonds of said City authorized to be issued pursuant to this bond resolution. -42- Section 3. It is hereby further 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. -43- 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, -44- 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. -45- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -46- 8.12 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $850,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF A HEAVY RESCUE TRUCK, FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the purchase of a heavy rescue truck for the Fire Department, for the City of Ithaca, Tompkins County, New York, including incidental equipment and expenses in connection therewith, there are hereby authorized to be issued $850,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $850,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $850,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty years, pursuant to subdivision 27 of paragraph (a) of Section 11.00 of the Local Finance Law. -47- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -48- 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 -49- 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. -50- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -51- 8.13 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $920,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE MEADOW STREET WATER MAIN REPLACEMENT, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the Meadow Street water main replacement, 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 $920,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $920,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $920,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further 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. -52- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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 City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York -53- State Department of Health and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said City in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 8. The intent of this resolution is to give the City Controller sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Common Council. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and -54- insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. -55- Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -56- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -57- . 8.14 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $880,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE MEADOW STREET SEWER MAIN REPLACEMENT, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the Meadow Street sewer main replacement, 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 $880,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $880,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $880,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 4 of paragraph (a) of Section 11.00 of the Local Finance Law. -58- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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 City Controller is hereby further authorized, at his sole discretion, to execute a project financing and loan agreement, and any other agreements with the New York -59- State Department of Environmental Conservation and/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond issue of said City in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 8. The intent of this resolution is to give the City Controller sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds without resorting to further action of this Common Council. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the City Controller. Such notes shall be of such terms, form and contents as may be prescribed by said City Controller consistent with the provisions of the Local Finance Law. Section 10. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose -60- and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. -61- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -62- 8.15 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $3,500,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF RENOVATIONS TO THE FORMER IMMACULATE CONCEPTION SCHOOL, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize bonds for the financing thereof, NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of the renovation of the gymnasium of the City-owned former Immaculate Conception School for use for City youth recreational programming, in and for the City of Ithaca, Tompkins County, New York, including original furnishings, equipment, machinery, apparatus, appurtenances, and incidental improvements and expenses in connection therewith, there are hereby authorized to be issued $3,500,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $3,500,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $3,500,000 bonds of said City authorized to be issued pursuant to this bond resolution; 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. -63- Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a)(1) of paragraph (a) of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. -64- 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. -65- 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. -66- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -67- 8.16 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $150,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF DESIGN AND PLANNING OF A NEW PUBLIC SAFETY FACILITY, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which as such will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize 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 design and planning costs for future property acquisition for, and construction of a new Public Safety Facility, 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 $150,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $150,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $150,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62nd(2nd) of paragraph (a) of Section 11.00 of the Local Finance Law. -68- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -69- 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 -70- 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. -71- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -72- 8.17 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $323,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF MAINTENANCE EQUIPMENT, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize 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 the cost of purchase of maintenance equipment, each item of which costs $30,000 or over, including incidental expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $323,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid class of objects or purposes is hereby determined to be $323,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $323,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is fifteen years, pursuant to subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law. -73- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -74- 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. -75- 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. -76- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -77- 8.18 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $316,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF POLICE VEHICLES, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize 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 the cost of purchase of police vehicles to replace those in service for at least one year, including incidental equipment and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $316,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid class of objects or purposes is hereby determined to be $316,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $316,000 bonds of said City authorized to be issued pursuant to this bond resolution. -78- Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is three years, pursuant to subdivision 77(1st) 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. -79- 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. -80- 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. -81- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -82- 8.19 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $25,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF A GOLF COURSE TOP DRESSER, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize 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. Section 1. For the specific object or purpose of paying the cost of purchase of a golf course top dresser, including incidental equipment and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $25,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid specific object or purpose is hereby determined to be $25,000, which specific object or purpose is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $25,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid specific object or purpose is ten years, pursuant to subdivision 28 of paragraph (a) of Section 11.00 of the Local Finance Law. -83- 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 2. 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -84- 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 -85- 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. -86- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * -87- 8.20 BOND RESOLUTION DATED JANUARY 4, 2023. A RESOLUTION AUTHORIZING THE ISSUANCE OF $102,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE PURCHASE OF VEHICLES FOR THE YOUTH BUREAU AND PLANNING/BUILDING DEPARTMENT, IN AND FOR SAID CITY. WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize 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 the cost of purchase of vehicles for the Youth Bureau and Planning/Building Department, including incidental equipment and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $102,000 bonds pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the maximum estimated of the aforesaid class of objects or purposes is hereby determined to be $102,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $102,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is three years, pursuant to subdivision 77(1st) of paragraph (a) of Section 11.00 of the Local Finance Law. -88- 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. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller 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. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt -89- 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. -90- 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. -91- The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ __________________________________ VOTING ___________ The resolution was thereupon declared duly adopted. * * * * * * 8.21 Resolution for Funds to Hire an Executive Search Firm: WHEREAS, This is a difficult time to recruit for most positions and even more so for the Police Chief position in particular. As a result, dedicated expertise and resources beyond the City’s current capacity are necessary for success in identifying and attracting a broad pool of applicants, and WHERAS, There is an urgent need to move forward on the search for a new Police Chief, now therefore be it RESOLVED, That Common Council hereby approve the hiring of an executive search firm for the purposes of conducting a national search for the Chief of Police for the City of Ithaca at a cost not to exceed a total contract of $57,500, and be it further RESOLVED, That funds for said Chief of Police search be derived from $30,000 encumbered from 2022 funds from account A1430-5430 HR fees and $27,500 from either other 2022 encumbered funds or 2023 Unrestricted Contingency account A1990.