HomeMy WebLinkAboutMN-CC-2014-07-02Regular Meeting
PRESENT:
Mayor Myrick
Alderpersons (10)
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
6:00 p.m.
July 2, 2014
Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming,
Smith, Kerslick, Martell, Mohlenhoff
OTHERS PRESENT:
City Clerk — Conley Holcomb
City Attorney — Lavine
City Controller — Thayer
Building - Planning & Development Director — Cornish
City Planner - Wilson
Superintendent of Public Works — Thorne
Chief of Staff - Sutherland
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Member Filed Resolutions
Alderperson Clairborne requested the addition of Item 13.1 — Resolution Post - Humously
Honoring Former City of Ithaca Alderman and Tompkins County Representative Stuart
W. Stein.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
4.1 Public Hearing Regarding Proposed City of Ithaca Local Law Authorizing
the Creation of a Stormwater Utility and the Establishment of a Stormwater User
Fee
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That the Public Hearing Regarding Proposed City of Ithaca Local Law
Authorizing the Creation of a Stormwater Utility and the Establishment of a Stormwater
User Fee be declared open.
Carried 9 -0
Alderperson Clairborne absent from vote
KyuJung Whang, Vice President, Facilities Services, Cornell University, addressed
Council asking for more time to be allocated for analysis of the legislation given the
estimated annual fees for Cornell and others. He noted that the City's analyses of
Cornell's stormwater management systems, impermeable surfaces, infrastructure, and
mitigations are not adequate and more time is needed to appropriately address them.
Alderperson Clairborne arrived at the meeting at 6:08 p.m.
Resolution to Close Public Hearing:
By Alderperson Smith: Seconded by Alderperson Kerslick
RESOLVED, That the Public Hearing Regarding Proposed City of Ithaca Local Law
Authorizing the Creation of a Stormwater Utility and the Establishment of a Stormwater
User Fee be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
James Lukasavage, City of Ithaca, requested that the City mandate truck routes in
response to the tragic accident that occurred on June 20, 2014. He noted that the City
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has neglected to correct this problem after a history of truck accidents in the same
vicinity.
Wyatt Nelson, local pedestrian, spoke about countdown timers on pedestrian crossing
signals. Mr. Nelson noted that studies show that countdown signals create more issues
and do not result in safety improvements. He urged Common Council not to spend
$155,000 on additional countdown signals.
Carl Humphrey, City of Ithaca, informed Council that a group has hired a private
investigator to look into the death of Russell Kellogg in the area formerly known as the
Jungle. He stated that he would report any findings to the City.
Alderperson Brock read a letter from John Graves, City of Ithaca, regarding Unchained
Properties' request for a Planned Unit Development District on South Hill, in which he
voiced his support for the redevelopment and clean -up of the Emerson site and the
Planned Unit Development request.
PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR:
Mayor Myrick noted that the Engineering Division has been asked to provide a report to
the Board of Public Works on what can be done to mitigate the safety issues caused by
trucks using State routes within the City. He also noted that he has been working with
representatives from New York State on re- routing truck traffic in the City.
Mayor Myrick responded to comments made by Mr. Whang on Cornell's stormwater
facilities. He encouraged everyone to attend the July 3rd community fireworks
celebration, and announced that Dustin Brown, Captain of the LA Kings, would be
bringing the Stanley Cup to the Cass Park Rink on Saturday, July 5, 2014 from 9:30 —
11:30 am and would be donating funds to the Amanda Bush fund.
Mayor Myrick further announced that he appointed Seth Peacock as the interim City
Judge on July 2nd. Judge Peacock will serve until December 31, 2014. The position will
be placed on the November General Election ballot and the successful candidate will fill
a 10 year term.
He thanked Alderperson Clairborne for drafting the Resolution to honor Stuart Stein and
noted that he has requested that the flags on all City buildings be lowered to half -staff
on Monday, July 7t" in memory of Mr. Stein.
Alderperson McCollister responded to comments made about stormwater management,
noting concerns of the Landlord's Association. She commented that increases in costs
to landlords will be passed on to tenants. She further asked if other governmental
agencies might cut different funding to the City to mitigate the impact of this assessment
resulting in a net loss to the City. Mayor Myrick noted that he and City Attorney Lavine
met with Ithaca City School District officials to discuss this issue and they have a better
understanding of the service they are paying for now.
City Attorney Lavine described the history of the legislation and the timeline that has
been followed.
Alderperson Murtagh expressed concerns regarding a potential increase in costs for
renters and wanted to know how renters could verify amounts of permeable surface.
City Attorney Lavine stated that they could check with the City Chamberlain's Office for
that information.
Alderperson McGonigal referenced comments made by former Mayor Carolyn Peterson
in a recent e -mail and noted that he would like to discuss them further at the next City
Administration Committee meeting. He stated that West Hill residents will expect a
resolution to their stormwater drainage issues if they are now paying assessment fees
for it.
Alderperson Brock expressed her condolences to Mr. Humphrey on the loss of his
friend Russell Kellogg. She further announced the schedules for the 2015 Sidewalk
Improvement District Work Plan Open Houses.
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Access Oversight Committee - Adoption of the 2015 Public, Education, and
Government (PEG) Access Studio Budget - Resolution
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, the Franchise Agreement between Time Warner Entertainment and the
City of Ithaca signed in 2003 authorizes Time Warner Entertainment -
Advance /Newhouse Partnership to collect $.15 per subscriber per month to be used for
the purchase of equipment for the public, educational, and governmental (PEG) Access
Studio, and
WHEREAS, the total budget for the life of the 10 -year agreement was estimated to be
$200,000, and
WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight
Committee that shall be responsible for approving the timing, use, and amount of PEG
access equipment acquired each year over the term of the agreement, and
WHEREAS, the Access Oversight Committee has approved a 2015 annual budget in
the amount of $30,000, and
WHEREAS, the Franchise Agreement states that participating municipalities, including
the City of Ithaca, must adopt the annual PEG Access Studio Budget by June 30 of the
preceding year; now, therefore be it
RESOLVED, That Common Council adopts the 2015 PEG Access Studio Budget as
approved by the Access Oversight Committee at its regular meeting on May 5, 2014.
Carried Unanimously
8.2 Citv Attornev — Reauest Budaet Amendment for Contractual Outside Leaal
Services - Resolution
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, as part of the 2014 authorized budget we placed $30,000 in Restricted
Contingency for outside legal services for the Attorney's Office, and
WHEREAS, the Attorney's Office contractual account, which had $20,000 will be fully
expended within a month and is in need of further funds to continue contracts with
specialized outside legal services; now, therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $30,000
from restricted Contingency Account A1990 to account A1420 -5435 Attorney's Office
Contractual for the purposes of contracting with outside legal services for the remainder
of 2014.
Carried Unanimously
8.3 Endorsement of Forestry Master Plan and Arboriculture Guidelines -
Resolution
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca has a progressive, proactive and comprehensive urban
Forestry Program, which has been awarded Tree City Recognition for more than 25
years and the Tree City Growth Award for more than 15 year, and
WHEREAS, the City of Ithaca places a high value on the health of the urban forest and
all the environmental, cultural and economic benefits it provides to the city and its
residents, and
WHEREAS, the City of Ithaca has had a Forestry Master Plan which was last updated
in 1996, and
WHEREAS, the City of Ithaca Shade Tree Advisory Committee (STAC) with guidance
from the City Forester has recently updated the forestry master plan to include analysis
of the city street tree inventory as well as recommended arboricultural guidelines, and
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WHEREAS, this analysis shows a steady increase in the quality and health of our urban
forest and will help to inform future decision making within the urban forestry program.,
and
WHEREAS, these guidelines will help to guide work involving city trees being done by
city staff as well as private entities working on or near city trees. These guidelines
include specifications for protecting trees during construction, site preparation for new
planting sites, appropriate tree spacing and planting techniques and proper construction
of tree lawns, tree pits and parking lot planting islands. These specifications will ensure
survival of existing trees and establishment and success of newly planted trees; now,
therefore be it
RESOLVED, That Common Council acknowledges the time and effort that was
committed to the revision of the Master Plan, Inventory & Guidelines for Public Trees
put forth by city staff and STAC, and be it further
RESOLVED, That Common Council endorses the document "Ithaca's Trees: Master
Plan, Inventory & Arboricultural Guidelines for the Public Trees of the City of Ithaca,
New York.
Carried Unanimously
8.4 Youth Bureau — College Discovery Program 2014 Budget Amendment -
Resolution
By Alderperson Clairborne: Seconded by Alderperson Kerslick
WHEREAS, the College Discovery Program summer programming includes college
trips, and
WHEREAS, the Ithaca Youth Bureau has received cash donations to cover the cost of
said trips; now therefore be it
RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Budget as
follows:
Increase revenue:
A7310- 2070 -1240
Increase expenses:
A7310- 5120 -1240
A7310- 5460 -1240
A7310 -9030
A7310 -9040
CDP Contributions
CDP Part time /Seasonal
CDP Program Supplies
FICA /Medicare
Workers' Compensation
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
$3,530
$2,550
$550
$195
235
$3,530
Carried Unanimously
9.1 Disposition of 707 East Seneca Street
A. Declaration of Lead Agency — Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property
located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.- 2 -9.2) for the highest
marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the
City of Ithaca to market the property for sale through a real estate broker for the highest
marketable price, and
WHEREAS, the proposed sale of an approximately 7,128 square foot parcel of land is
an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO),
and
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WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions 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, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed sale of vacant property located at
707 E. Seneca Street, Ithaca, NY (tax parcel #68.- 2 -9.2) for the highest marketable
price.
Carried Unanimously
B. Revised Environmental Determination — Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca Common Council is considering sale of vacant property
located at 707 E. Seneca Street, Ithaca, NY (tax parcel #68.- 2 -9.2) for the highest
marketable price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency will act as agent for the
City of Ithaca to market the property for sale through a real estate broker for the highest
marketable price, and
WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the
environmental review of this proposed action, and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous
acres of land is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance ( "CEQR ") and an Unlisted Action under the State Environmental
Quality Review Act ( "SEQR "), both of which require environmental review, and
WHEREAS, on May 14, 2014, the Planning & Economic Development Committee
( "PEDC ") reviewed a Short Environmental Assessment Form ( "SEAF ") for the proposed
action and determined that the project will result in no significant impact on the
environmental, and approved disposition of City -owned property at 707 E. Seneca St.,
and
WHEREAS, after the May PEDC meeting, new information became available resulting
in preparation of a revised SEAF, and
WHEREAS, minutes of the Common Council and Board of Public Works from 1982
suggest that the City intended to use the newly acquired 707 E. Seneca Street property
for public open space, therefore the revised SEAF identifies the proposed action as
having an "effect on existing or future recreational opportunities ", which triggers the
requirement for a Full Environmental Assessment Form ( "FEAF "), and
WHEREAS, a FEAF and supporting information has been provided to the City of Ithaca
Conservation Advisory Council for review of the proposed action and no comments
have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a revised Short
Environmental Assessment Form, Part 1 and Part 2, and the Full Environmental
Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff;
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed sale of vacant City -owned property located at 707 E. Seneca Street, Ithaca,
NY (tax parcel #68.- 2 -9.2) for the highest marketable price will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
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the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act, and be it further
RESOLVED, That the Planning & Economic Development Committee reaffirms its May
14, 2014 action to authorize disposition of property located at 707 E. Seneca Street (tax
map # 68.- 2 -9.2).
Carried Unanimously
C. Disposition of City -Owned Property at 707 E. Seneca Street
By Alderperson Murtagh: Seconded by Alderperson Martell
Ordinance 2014-
WHEREAS, the City of Ithaca Common Council is considering sale of tax parcel #68. -2-
9.2 located at 707 E. Seneca Street, Ithaca, NY ( "Property ") for the highest marketable
price, and
WHEREAS, as proposed, the Ithaca Urban Renewal Agency (IURA) will act as agent
for the City of Ithaca to market the Property for sale through a real estate broker for the
highest marketable price, and
WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real
property at the highest marketable price, and
WHEREAS, the 2014 City budget includes projected revenues of $197,000 from the
sale of surplus City properties, and
WHEREAS, the Property is assessed at a value of $100,000, and
WHEREAS, the Property is vacant except for abandoned playground equipment
installed at the rear of the property prior to City acquisition in 1982, which equipment is
only accessible only via an unsafe, crumbling set of concrete stairs, and
WHEREAS, the approximately 7,128 square foot Property is a conforming lot located
within the R -3a zoning district which permits single - family or multi -unit residential
development, and
WHEREAS, the Property is located in the East Hill Historic District, where any new
construction requires a certificate of appropriateness issued by the Ithaca Landmarks
Preservation Commission, and
WHEREAS, the Property is appropriate for in -fill residential development, which would
enhance the residential character of the neighborhood, eliminate a City maintenance
responsibility and increase City revenues, and
WHEREAS, future use of the Property for a parking use without new residential
development would not fully achieve public goals for use of the property, and
WHEREAS, a deed restriction could prevent use of the Property for parking without new
residential construction on the site, and
WHEREAS, on November 5, 2012, the Board of Public Works determined that the
Property is surplus for public works purposes, and
WHEREAS, the City Charter requires approval by 3/4s of the Common Council to
authorize sale of real property, and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
less than 30 days prior to the approval vote; now, therefore,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
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Section 1. Findings of Fact. The Common Council makes the following findings of
fact:
a. The Property is surplus for municipal purposes.
b. The Property is appropriate for in -fill residential development, which would
enhance the residential character of the neighborhood, eliminate a City
maintenance responsibility, and increase City revenues.
Section 2. Authorization for Disposition.
a. The Common Council authorizes disposition of the Property for the highest
marketable price, subject to a restriction against use of the property for
parking without new residential construction on the Property. The Mayor,
subject to advice of the City Attorney, is authorized to execute agreements to
implement this resolution, including but not limited to a real estate brokerage
agreement, a purchase and sale agreement, and conveyance of deed.
b. The Ithaca Urban Renewal Agency (IURA) is authorized to act as agent for
the City to market the Property for sale through a real estate broker.
Expenses of the IURA directly associated with marketing and sale of the
property shall be reimbursed from proceeds from the property disposition.
Section 3. Effective Date. This ordinance shall take effect immediately.
Carried Unanimously
9.2 An Ordinance to Amend The Citv Of Ithaca Municipal Code. Chapter 325
Entitled "Zonina" To Make Non - Substantive Revisions to 6325 -45. entitled
" Collegetown Area Form Districts"
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, following the adoption of the Collegetown Area Form Districts in March
2014, staff identified several non - substantive revisions that should be made to the
ordinance, and
WHEREAS, the proposed revisions would correct small inconsistencies and clarify the
intent of various regulations; now, therefore,
ORDINANCE NO. 2014-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325- 45.2D(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
Building heights in the CR and MU districts are regulated using feet and stories.
A table illustrating the range of height appears below:
MAX. & MIN. HEIGHT IN STORIES &
FEET
District
Max.
Stories
Min.
Stories
Max.
Feet
Min.
Feet
CR -1
3*
2
35'
4-9' 20'
CR -2
3*
2
35'
4-9!_20'
CR -3
3*
2
35'
4-9! 20'
CR -4
4
2
45'
49! 20'
MU -1
5
3
70'
30'
MU-2
6
4
80'
45'
*Top Story Limitation — A habitable 3rd story in CR -1, CR -2, and CR -3 districts must be
fully contained within a pitched roof.
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Section 2. Chapter 325, Section 325- 45.2E(1), Section 325- 45.2E(2), and Section 325 -
45.2E(3) of the Municipal Code of the City of Ithaca is hereby amended to read as
follows:
MIN OFF - STREET PARKING
1. Residence
a. Up to 3 bed or sleeping rooms per dwiq. unit 1 space
b. 4 and 5 bed or sleeping rooms per dwiq.
Unit 2 spaces
c. Each add'I bed or sleeping room per dwiq.
Unit 1 space
2. Home occupation 1 space
See §325-
3. Other uses 20D(3)(b)
Section 3. Chapter 325, Section 325- 45.2F(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
MIN OFF - STREET PARKING
Buildings that fully comply with the New York State Building
Code or Residential Code for new construction:
None, provided that a transportation demand management plan
is accepted by the Planning and Development Board during site
plan review.
All other structures:
1. Residence
a. Up to 3 bed or sleeping rooms per dwiq. unit 1 space
b. 4 and 5 bed or sleeping rooms per dwiq.
Unit 2 spaces
c. Each add'I bed or sleeping room per dwiq.
Unit 1 space
2. Home occupation 1 space
See §325-
3. Other uses 20D(3)(b)
Section 4. Chapter 325, Section 325 -45.3A of the Municipal Code of the City of Ithaca
is hereby amended to read as follows:
District Permitted Primary Use
CR -3
By Special Permit of Board of
Zoning Appeals:
11. Bed and Breakfast Homes and
Inns
12. Cemetery and related buildings
13. Hospital or sanatorium
a-4:-I 4n
14. 4� Neighborhood Commercial
Facility (see §325 -3
15.4 Public utility structure
except office
16. 47� Schools (all) and related
buildings
C R -4
By Special Permit of Board of
Zoning Appeals:
11. Bed and Breakfast Homes and
Inns
12. Cemetery and related buildings
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Section 5. Chapter 325, Section 325- 45.3B(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
Within the MU -2 district, active uses are required on the entire street -level of all
buildings fronting on those portions of College Avenue, Dryden Road, and Eddy Street
designated on the map below.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 7. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
9.3 An Ordinance to Amend the Citv of Ithaca Municioal Code Chaster 325
entitled "Zoning ", Article IV, Section 325 -11 entitled "Cluster Subdivision
Develoament" to establish the Planned Unit Develoament Zonina District
(PUD)(Industrial Zones Only)
A. Declaration of Lead Agency - Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, State Law and Section 176 -6 of the City Code 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 proposed zoning amendment is an "Unlisted" Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed amendments to Chapter 325,
Entitled "Zoning," in order to create a floating Planned Unit Development overlay district
that may be established by the Common Council in any industrially zoned parcel located
within the City.
Carried Unanimously
B. Determination of Environmental Sianificance - Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, The Common Council is considering a proposal to create a floating
Planned Unit Development overlay district that may be established by the Common
Council in any industrially zoned parcel located within the City, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated June 3, 2014
WHEREAS, the proposed action is an "unlisted" Action under the City Environmental
Quality Review Ordinance, and
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13. Hospital or sanatorium
44 PA
14.4 -5— Neighborhood Commercial
Facility see 325 -3
15.4 -6- Public utility structure
except office
16. 4-7-. Schools (all) and related
T
Section 5. Chapter 325, Section 325- 45.3B(1) of the Municipal Code of the City of
Ithaca is hereby amended to read as follows:
Within the MU -2 district, active uses are required on the entire street -level of all
buildings fronting on those portions of College Avenue, Dryden Road, and Eddy Street
designated on the map below.
Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 7. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
9.3 An Ordinance to Amend the Citv of Ithaca Municioal Code Chaster 325
entitled "Zoning ", Article IV, Section 325 -11 entitled "Cluster Subdivision
Develoament" to establish the Planned Unit Develoament Zonina District
(PUD)(Industrial Zones Only)
A. Declaration of Lead Agency - Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, State Law and Section 176 -6 of the City Code 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 proposed zoning amendment is an "Unlisted" Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposed amendments to Chapter 325,
Entitled "Zoning," in order to create a floating Planned Unit Development overlay district
that may be established by the Common Council in any industrially zoned parcel located
within the City.
Carried Unanimously
B. Determination of Environmental Sianificance - Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, The Common Council is considering a proposal to create a floating
Planned Unit Development overlay district that may be established by the Common
Council in any industrially zoned parcel located within the City, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated June 3, 2014
WHEREAS, the proposed action is an "unlisted" Action under the City Environmental
Quality Review Ordinance, and
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WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF 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 May 6, 2014, 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.
Carried Unanimously
C. An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled "Zoning," Article IV, Section 325 -11, in Order to Establish the Planned
Unit Development Zoning District (PUD)
By Alderperson Murtagh: Seconded by Alderperson McCollister
ORDINANCE NO. 2014-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Article IV, Section 325 -11 of the Municipal Code of the City of Ithaca be
amended as follows:
Section 1. Chapter 325 ( "Zoning "), Article IV, section 325 -11, is hereby amended to
change the title [`Cluster Subdivision Deyelopmenrj to "Cluster Sub - division,
Floating Zones, and Planned Unit Development Zones" and to be re- numbered to
read as follows:
Article IV. Cluster Subdivision Development, Floating Zones, and Planned Unit
Development Zones
§325 -11. Cluster Subdivisions
A. Purpose and intent. This article authorizes the Planning and Development
Board, during the process of subdivision plat approval pursuant to Chapter 290,
Subdivision of Land, of the Code, to make reasonable changes in the existing
zoning regulations for the property affected so as to enable the development of
a cluster subdivision. This authorization permits deviations in the district
regulations applicable to the affected property, subject to the limitations
contained in this section. Cluster subdivisions may be approved in order to
promote the following purposes:
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(1.) The preservation and enhancement of open spaces, watercourses,
wetlands and areas designated as critical environmental areas.
(2.) The development of active and passive recreation areas.
(3.) The development of residential dwelling units in forms which are
consistent with the public welfare and which provide reasonable
safeguards to the appropriate use of adjoining land.
(4.) Efficient and cost - effective development of roads, sidewalks, utilities,
water- and sewer lines and other forms of public and private infrastructure.
(5.) The development of housing that is more affordable than that normally
developed under conventional zoning regulations.
B. Authorization and Minimum Requirements. The Planning and Development
Board is authorized, upon petition by an applicant for subdivision approval, to
approve a cluster subdivision that includes reasonable deviations from the
existing regulations of that zoning district in which the subdivision is located in
accordance with the following limitations:
(1.) Cluster subdivisions may only be permitted in the R -1 a, R -1 b, R -2a, R -2b,
R -3a and R -3b Zoning Districts.
(2.) Cluster subdivisions shall contain only those primary uses and accessory
uses which are permitted in the zoning district in which the cluster
subdivision is proposed, except as permitted by Subsection 325 -11 B. (3).
(3.) The following types of deviations from the zoning regulations of the district
in which the cluster subdivision is proposed are permitted:
a. Building type for residential uses, provided that, in the R -1 a and R -1 b
Districts, only one - family detached dwellings are permitted as primary
uses, and in the R -2a and R -2b Districts, no more than two dwelling
units may be attached to form a single building, provided that each
dwelling unit shall have a separate ground -level entrance.
b. Lot area.
C. Lot width at street line.
d. Maximum percentage of land coverage by buildings on any individual
lot within the cluster subdivision, provided that the total percentage of
land coverage by all buildings in the cluster subdivision shall not
exceed the following percentages for the zoning district in which the
cluster subdivision is located:
Maximum Land Coverage
District (percent)
R -1 a 20
R -1 b 25
R -2a 30
R -2b 35
R -3a 35
R -3b 40
e. Front, side and rear yard dimensions, provided that all buildings in a
cluster subdivision shall have a front yard of at least 25 feet in the R-
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1 a, R -1 b, and R -2a Zones and 10 feet in the R -2b, R -3a and R -3b
Zones, and further provided that all buildings in a cluster subdivision
shall be at least the following number of feet from the boundary of a
cluster subdivision where it abuts land, other than a public right -of-
way, that is not part of the cluster subdivision:
[1] In the R -1 Districts: 40 feet.
[2] In the R -2 and R -3 Districts: 20 feet.
(4.) The maximum number of dwelling units permitted in a cluster subdivision
shall not exceed the number of dwelling units that would be permitted on
the site in a conventional subdivision under the conventional zoning
regulations for the zoning district in which the cluster subdivision is
proposed, subject to all applicable development regulations applying to
the property in question plus any other restriction which the Planning and
Development Board has the authority to impose pursuant to Chapter 290,
Subdivision of Land, of the Code.
(5.) Any reduction in the lot area for buildings in a cluster subdivision beyond
the minimum allowed in the zoning district in which the subdivision is
located shall require the reservation of an equivalent amount of land as
open space, passive recreation area or active recreation area. Wetlands,
floodplains, steep slopes or other areas not normally appropriate for
building construction shall not account for more than 50% of the land area
reserved.
(6.) All open space or recreation areas reserved in accordance with
Subsection 325 -11 B. (5) shall be dedicated as common land for the
benefit of the members of the subdivision. The development, operation
and maintenance of this property shall be in accordance with the approved
site development plan and in a manner that is consistent with the public
welfare
C. Approval; information to be submitted.
(1.) The Planning and Development Board may consider a developer's request
for approval of a cluster subdivision or may require that a developer
prepare and submit plans for a cluster subdivision that contain no greater
number of dwelling units than that proposed by the developer. The Board
shall adopt rules and regulations setting forth the criteria pursuant to which
such an application may be required. The approval of a cluster subdivision
shall follow the rules and procedures contained in Chapter 290,
Subdivision of Land, of the City of Ithaca Code.
(2.) Developers submitting a cluster subdivision plan shall submit two
subdivision plans, one showing the land developed under the conventional
zoning regulations and the other showing development under the cluster
option. In addition to the requirements of Chapter 290, Subdivision of
Land, of the Code, the developer shall submit the following information on
or with the cluster subdivision plan:
a. An area plan showing the proposed cluster subdivision and all
existing land use and major natural features of the land within 500
feet of the project site.
b. A site development plan showing the location, size, use and physical
features of all proposed buildings and accessory uses, the location
and design of vehicular and pedestrian access and the location of
proposed parking areas.
c. A landscaping plan showing the type and location of all existing trees,
vegetation and natural features on the site; the identification of all
existing vegetation to be preserved; the identification of all new
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vegetation to be added; and the location and type of fences, berms or
buffer areas.
d. A plan showing the boundaries of common areas to be reserved and
the proposed use, development and maintenance of those spaces.
e. Elevations of typical dwelling units to be constructed in the cluster
subdivision.
f. Environmental review of the project at a level deemed appropriate by
the Planning and Development Board.
g. Any other information that the Planning and Development Board may
reasonably require.
(3.) The approval of a cluster subdivision shall constitute the approval of a site
development plan for the affected area. No development shall occur on
the site that is not in strict conformance with the elements of the approved
site development plan, nor shall the plan be modified without the approval
of the Planning and Development Board.
(4.) A cluster subdivision shall not be approved unless the Planning and
Development Board makes the following affirmative findings and states, in
writing, the facts that support those findings:
a. That the development is found to be compatible in terms of
appearance, character and overall density with both the existing and
potential development in the surrounding area.
b. That the development will not place an unreasonable burden on the
public roads or utilities that will service the project.
c. That the development will promote the preservation of open space
and natural resources within the neighborhood to a greater degree
than would conventional development
d. That the development is consistent with the public welfare and that
the appropriate use of adjoining land is reasonably safeguarded.
e. That the development will not have an undue adverse impact on the
critical area listed in § 176- 5(B)(1)(a) of the Code.
f. That the development complies with the approved Street Plan and
Master Plan, if any, for the area.
Section 2. Chapter 325 ( "Zoning "), Section §325 -12, is hereby amended to repeal and
replace all existing text with the following new language regarding Planned Unit
Developments:
Section §325 -12 Planned Unit Developments (PUD)
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law § 81 -f.
B. Purpose and Intent. This legislation is intended to establish procedures and
requirements for the establishment and mapping of PUDs, as floating overlay
zones, which may be placed in any industrially zoned area within the City
boundaries, wherever authorized by the Common Council. The PUD is a tool
intended to be used to encourage mixed -use or unique single use projects that
require more creative and imaginative design of land development than is
possible under standard zoning district regulations. A PUD allows for flexibility in
planning and design, while through the process of review and discussion,
ensures efficient investment in public improvements, a more suitable
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environment, and protection of community interest. A PUD should be used only
when long -term community benefits will be achieved through high quality
development, including, but not limited to, reduced regional traffic demands,
greater quality and quantity of public and /or private open space, community
recreational amenities, needed housing types and /or mix, innovative designs;
and for the protection and /or preservation of natural resources.
Sub - section 325 -12 is intended to relate to both residential and nonresidential
development, as well as mixed forms of development. There may be uses, now
or in the future, which are not expressly permitted by the other terms of this
chapter but which uses would not contravene the long range Comprehensive
Plan objectives if they adhere to certain predetermined performance and design
conditions. The PUD is intended to be used to enable these developments to
occur even though they may not be specifically authorized by the City Zoning
District Regulations.
The PUD is intended to be used in the areas within the City that are zoned
industrial. Residential uses are not permitted by existing zoning in industrial
zones. However, these areas are large tracts of land that have the potential for
large scale redevelopment and should a proposed project offer community wide
benefits, the Common Council may establish a PUD in order to permit uses not
explicitly allowed by the underlying zoning.
Areas may be zoned as a PUD by the Common Council. The enactment and
establishment of such a zone shall be a legislative act. No owner of land or
other person having an interest in land shall be entitled as a matter of right to
the enactment or establishment of any such zone.
C. Establishment and location. The intent of a PUD is to create self- contained,
architecturally consistent, and compatible buildings, many times with diverse
but related uses. The creation of a PUD must entail sufficient review to assure
the uses within the zone will have negligible or no significant adverse effects
upon properties surrounding the zone. This tool is expressly intended for use in
industrial zones, where residential uses are not permitted. In reaching its
decision on whether to rezone to a PUD, the Common Council shall consider
the general criteria set forth in this chapter, the most current Comprehensive
Plan for the City, and this statement of purpose.
No PUD shall be finally established pursuant to subparagraph G(13) of this
section unless, prior to such legislative enactment, all land within the proposed
PUD is zoned Industrial.
D. Permitted principal and accessory uses. In a PUD, buildings and land may
be used for any lawful purpose permitted in the zone where it is located, plus
any other uses which the Common Council may authorize.
All development restrictions, including, but not limited to, yard size, height
restriction, building coverage, and lot size, shall be as set forth in the legislation
rezoning the area to a PUD established by the Common Council. In addition,
the Common Council may impose any conditions or limitations that are
determined to be necessary or desirable to ensure that the development
conforms with the City Comprehensive Plan, including limiting the permitted
uses, location and size of buildings and structures, providing for open space
and recreational areas, requiring acoustical or visual screening, construction
sequencing, and requiring bonds or other assurances of completion of any
infrastructure to be built as part of the development.
E. Site Plan Approval. No structure shall be erected or placed within a PUD, no
building permit shall be issued for a building or structure within a PUD, and no
existing building, structure, or use in a PUD shall be changed, unless the
proposed building and /or use is in accordance with a site plan approved
pursuant to the provisions of Chapter 276 of the City of Ithaca Code.
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F. Criteria. Common Council will consider an application for any PUD on the
following criteria, among others:
Does the project further the health and welfare of the community; and
Is the project in accordance with the City Comprehensive Plan
Does the project create at least one long term significant community
benefit
G. Application Process. An applicant proposing a development that does not
conform with the existing zoning requirements may apply for a PUD to be
placed on their property, or on such other property as designated by the
applicant and for which the applicant has submitted sufficient authorization
executed by the owner(s) of said property in support of the application. The
application process is as follows:
[1.] Staff /Applicant Pre - Application Meeting. An
applicant seeking alternate zoning for their property must first
contact the Department of Planning, Building, and
Development for a pre - application meeting. Staff will explain
the requirements, the application process, the timeline, and
the fees associated with a PUD request.
[2] Application Submission. Applicant must submit a
completed PUD application along with the required fee. The
Application must include a conceptual development plan, and
an explanation of the request for alternate zoning. The
conceptual plan must include the proposed sizes of yards,
maximum heights and stories of all proposed buildings,
maximum lot coverage, adjacent uses and adjacent zoning.
[3.] Planning and Economic Development Committee.
The Planning and Economic Development Committee of the
Common Council will consider the application for completion
and will schedule a Public Information Session. The
developer will be expected to be present at this meeting.
[4] Circulation. The Planning and Economic
Development Committee will also authorize and direct staff to
circulate the proposal for review and comment from City
Boards /Committees, the Tompkins County Planning
Department, and any neighboring property owners within 500
feet of the proposed project. Comments and concerns will be
forwarded to the applicant and to the Common Council for
their consideration.
[5] Public Information Session. Within 30 days of
receiving a completed application, the City will schedule a
Public Information Session, at which the developer will be
responsible for presenting information about the project and
answering questions from the public. The City will advertise
the Public Information Session with a press release to the
local media at least 15 days, but no more than 20 days, prior
to the meeting. The applicant is responsible for posting the
property at least 5 days prior to the Public Information
Session, with the date, time, and location of the meeting.
[6] Committee Recommendation. Once the comments
have been received, the Planning and Economic Development
Committee will hold a legally noticed public hearing at a
regularly scheduled committee meeting. The City will publish
a legal notice of the hearing 15 days prior to the hearing. The
Committee will consider all comments that have been
received, as well as all comments made at the public hearing
and will make a recommendation to the Common Council. The
recommendation may include additional requirements or
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limitations to either mitigate undesirable impacts or to ensure
the development conforms to the goals of the City's
Comprehensive Plan.
[7] Conditional Approval. The Common Council will
consider the request and may pass a resolution granting a
conditional approval, subject to further site plan review
approval and instructing staff to take the project through the
environmental review process. Not withstanding any
conflicting provisions of the City Code, an applicant whose
application has received approval in concept from the
Common Council (Approval in Concept) shall be permitted,
for the purpose of commencing site plan review, to proceed
with a Building Permit application, despite any zoning -based
deficiencies in the application, so long as all such deficiencies
may be cured by final Council approval of the PUD.
[8] Site Plan Review Application — Applicant submits a
site plan review application and begins the environmental
review process.
[9.] Declaration of Intent to Act as Lead Agency —
Planning Board declares its intent to be the lead agency for
the environmental review of the project and the PUD and
notifies all other involved agencies, including the Common
Council.
[10.] Common Council Involvement —As a part of the
environmental review process for the project and the PUD, the
Planning Board will update the Common Council after each
Planning Board meeting where the project is considered and
will request ongoing written comments from the Common
Council.
[11.] Environmental Review /Site Plan Review —The
Planning Board will be the lead agency for the environmental
review and site plan review of the project. The project will
undergo the normal site plan review process.
[12.] Common Council Consideration of the PUD —When
and if the project has received a negative declaration of
environmental significance and contingent site plan approval,
it (the applicant) will return to the Common Council for final
consideration of the adoption of the PUD. Final Council
approval, if any, shall be granted via ordinance.
H. Additional Requirements. In any rezoning to a PUD the Common Council
may impose such conditions or limitations that the Council, in its legislative
discretion, may determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including limiting the
permitted uses, location and size of buildings and structures, providing for open
space and recreational areas, and requiring bonds or other assurances of
completion of any infrastructure to be built as part of the development.
Expiration. A developer who receives PUD approval will have 24 months to
begin construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the PUD will
automatically be revoked, unless otherwise stated by the Common Council, and
the property will return to the previously approved zoning restrictions. In the
case of extenuating circumstances the developer may apply to the Common
Council for an extension of PUD approval. If the site plan changes significantly,
said significance as determined by the Director of Planning and Development, it
may require re- consideration by the Common Council. The Director of
Planning and Development may determine that the changes are minor and do
not require re- approval.
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Section 3. Chapter 325. ( "Zoning "), Section §325 -13, is hereby amended to delete all
existing text, which has been relocated to §325 -11 C. Approval; Information to be
submitted.
Section 4. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 5. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Discussion followed on the floor with Council members thanking Alderpersons Murtagh
and Brock and members of the Planning, Building & Economic Development
Department, and City Attorney Lavine for their hard work and unique approach to this
important piece of legislation. They noted the consistency between the legislation and
the very thorough, step -by -step, easy to follow, process. Council members further
voiced their appreciation that this legislation is limited to industrial zones, noting that it
alleviates a lot of concerns for residential neighborhoods.
A vote on the Ordinance resulted as follows:
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
10.1 Addition to Common Council Rules of Procedure- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, Council believes that it could operate with greater transparency and clarity with the
addition of formal rules regarding the use of official City letterhead stationery; now, therefore, be
it
RESOLVED, That the Common Council Rules of Procedure be amended to add one new
section as follows:
Revised structure:
XI Communication by Council members
XI A Communications between Council Members and Staff
XIA — 1 - Council members who need information from City staff....
XIA — 2 — Whenever Council members seek information....
XIA — 3- Council members should never attempt to influence...
XI B Use of Council letterhead
XIB — 1 The primary use of Common Council letterhead stationery is to
communicate official Council positions on matter of public concern. These
positions may be communicated by members of Council designated to speak for
the whole when a majority of Council members have consented.
XIB — 2- A secondary use of Common Council letterhead stationery is to allow
individual Council members to express views regarding matters of official City
business. In these instances it must be clear that that the opinion expressed by
the Council member is that member's opinion only and may not be the official
opinion of the City or Council as a body.
XIB - 2 — a - When expressing her /his own position on City letterhead, a
Council member must use letterhead designating her /his office, e.g. "Ezra
Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca." This
personal letterhead may also be used, for example, for letters of
reference or recommendation if the Alderperson, in her /his capacity as a
City official, has known the subject.
XIB — 2 — b - When two or more Council members collaborate to express
a view not officially advocated by the majority of Council, those
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Alderpersons may electronically design their own joint letterhead
indicating their names and offices, or use Council letterhead, but in either
case must explicitly state in the letter that their view is not that of the
majority or the official view.
XIB — 3 — Council members shall not use City letterhead stationery or the
City logo for their private correspondence or on behalf of private
individuals or organizations. Correspondence on letterhead should never
give the appearance of using the office of Alderperson for personal gain
or influence.
Amending Resolution:
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
RESOLVED, That the word "must" be substituted with the word "shall ".
Carried Unanimously
Alderperson Clairborne noted that he was not supportive of this change at first but noted
that he likes the style guide format of this language and will support it. Further
discussion occurred regarding the use of the words "letterhead stationery" vs. just
letterhead or stationery.
Alderperson McCollister voiced her support of the language as well noting that it is good
to have a policy on the books, especially where it pertains to the use of letterhead for
personal purposes.
Alderperson Brock stated that she has spoken with local Attorney Ray Schlather and he
believes that the disclaimer requirement in Section XIB- 2 -A constitutes "Prior
Restraint ", a form of limitation on a particular type of speech. She proposed the
following amendment:
Amending Resolution:
By Alderperson Brock: Seconded by
RESOLVED, That Section XIB -2, XIB -2 -a, and XIB -2 -b be replaced with the following
sentence:
"Each member of Common Council may use official Common Council stationery in the
performance of his or her duties as a member of Common Council, provided that such
stationery makes clear in its letterhead that the correspondence is that of a member of
Common Council."
Failed for the lack of a Second
City Attorney Lavine noted that the Doctrine of Prior Restraint does not apply in this
case in his legal opinion as it is a blanket statement of how people should use
letterhead in all cases, not specific ones.
Alderperson McGonigal thanked Alderpersons Fleming and Smith for their work on this
issue.
Discussion followed on the floor regarding what delineates the use of letterhead from
other means of communication such as speaking publicly or e -mail and whether
disclaimers should also be developed for the use of e -mail.
Alderperson Mohlenhoff noted that the former GPA Committee had been reviewing
these rules and she recommended that the City Administration Committee continue that
review.
Motion to Call the Question:
By Alderperson McCollister: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Question be called.
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Ayes (9) McGonigal, Clairborne, Murtagh, McCollister, Fleming,
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Smith, Kerslick, Mohlenhoff, Martell
Nays (1) Brock
Carried (9 -1)
10.2 Chamberlain — Request to Waive Penalty on Taxes - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, neither the owners nor the third party payee of the taxes on 701 W. Buffalo
Street received a tax bill because the mailing address was incorrect, and
WHEREAS, NYS Real Property Tax Law states that failure of the payee to receive the
bill does not affect the validity of the penalties, and
WHEREAS, Real Property Tax Law also provides that the governing board of the taxing
authority may reduce or waive the penalty; now, therefore be it
RESOLVED, That the request to waive the penalty on the 2014 City of Ithaca First
Installment and Tompkins County taxes for 701 W. Buffalo Street in the amount of
$451.25 is hereby denied.
Alderperson Clairborne noted that this Resolution resulted in a split vote at the
committee level as the property owner alerted the City to this issue and the taxes were
paid.
Alderperson McGonigal stated that he thought it was "bad form" for the City to impose a
penalty for late payment as he believes the City made the mistake.
Discussion followed on the floor regarding the payment history for this property and the
provisions of Federal law and New York State Real Property Law.
A vote on the Resolution resulted as follows:
Ayes (7) Brock, Murtagh, McCollister, Smith, Kerslick, Martell, Mohlenhoff
Nays (3) McGonigal, Clairborne, Fleming
Carried (7 -3)
10.3 A Resolution Authorizing the Issuance of $147,700 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of the Purchase and
Installation of Pedestrian Countdown Timers, in and for said City
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
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, the capital project hereinafter described 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, the implementation of which as proposed, said regulations provide will not
result in any significant environmental effects; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two - thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the class of objects or purposes of paying the cost of the purchase
and installation of pedestrian countdown timers, including incidental expenses in
connection therewith, in and for the City of Ithaca, Tompkins County, New York, there
are hereby authorized to be issued $147,700 bonds pursuant to the provisions of the
Local Finance Law.
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Section 2. It is hereby determined that the maximum estimated cost of the aforesaid
class of objects or purposes is $147,700, and that the plan of financing thereof is by the
issuance of the $147,700 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 class of objects or purposes, the amount of bonds to
be issued pursuant to this resolution shall be reduced dollar for dollar.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid class of objects or purposes is twenty years, pursuant to subdivision 72(2 "d) of
paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined
that the maximum maturity of the bonds herein authorized will exceed five years.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
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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.
Discussion followed on the floor with Alderperson Kerslick stating that he would like
more information on the effectiveness of this equipment based on the comments made
earlier by Mr. Nelson, and Alderperson McGonigal's concerns about costs.
Alderperson Smith noted that he is comfortable supporting this Resolution as he
believes that there are some differences in Mr. Nelson's interpretation of the safety
studies.
City Controller Thayer stated that he does not recommend a delay in consideration of
this Resolution due to the timing of the funding. He reminded Council that they have
already approved this project and contracts have been signed for design services. He
noted that the City would only be paying $14,000 as the rest of the project costs will be
reimbursed.
Alderperson Martell requested that the engineers carefully consider the placement of
the signals and the timing of them for pedestrians.
The foregoing resolution was duly put to a vote which resulted as follows:
Alderperson Brock - Aye
Alderperson Clairborne — Aye
Alderperson McCollister —Aye
Alderperson Smith — Aye
Alderperson Martell —Aye
Alderperson McGonigal - Aye
Alderperson Murtagh - Aye
Alderperson Fleming - Aye
Alderperson Kerslick — Aye
Alderperson Mohlenhoff - Aye
Carried Unanimously
The resolution was thereupon declared duly adopted.
10.4 A Resolution Authorizing the Issuance of An Additional $3,800,000 Bonds
of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Reconstruction of the Ithaca Commons Pedestrian Mall, in and for said city
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
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
reconstruction of Ithaca Commons Pedestrian Mall, including utility replacement,
electrical upgrades, surface treatment, and various new site amenities, including
incidental improvements, equipment, machinery, apparatus, appurtenances,
furnishings, and expenses in connection therewith, in and for the City of Ithaca,
Tompkins County, New York, there are hereby authorized to be issued an additional
$3,800,000 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
$12,800,000.
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Section 2. The plan for the financing of such $12,800,000 maximum estimated cost is
as follows:
a) By the issuance of the $9,000,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 5, 2012; and
b) By the issuance of the additional $3,800,000 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 twenty years, pursuant to subdivision 80 of
paragraph a of Section 11.00 of the Local Finance Law, computed from February 15,
2011, the date of the first bond anticipation note issued therefor.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
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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.
The foregoing resolution was duly put to a vote which resulted as follows:
Alderperson Brock - Nay Alderperson McGonigal - Aye
Alderperson Clairborne — Aye Alderperson Murtagh - Aye
Alderperson McCollister —Aye Alderperson Fleming - Aye
Alderperson Smith — Aye Alderperson Kerslick — Aye
Alderperson Martell — Aye Alderperson Mohlenhoff - Aye
Carried (9 -1)
The resolution was thereupon declared duly adopted.
10.5 A Resolution Authorizina the Issuance of an Additional $740.000 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Investiaation and Remediation of the Ithaca Falls Overlook Site. in and for said
City
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
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 investigation
and remediation of the Ithaca Falls Overlook site, including incidental expenses in
connection therewith, in and for the City of Ithaca, Tompkins County, New York, there
are hereby authorized to be issued an additional $740,000 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 $1,518,000.
Section 2. The plan for the financing of such $1,518,000 maximum estimated cost is
as follows:
a) By the issuance of the $778,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated July 6, 2011; and
b) By the issuance of the additional $740,000 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 five years, pursuant to subdivision 62(2 d) of
paragraph a of Section 11.00 of the Local Finance Law, computed from August 15,
2011, the date of the first bond anticipation note issued therefor.
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Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the
name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile
signature of the City Controller and a facsimile of its corporate seal shall be imprinted or
impressed thereon and may be attested by the manual or facsimile signature of the City
Clerk.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long -term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in
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.
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The foregoing resolution was duly put to a vote which resulted as follows:
Alderperson Brock - Aye Alderperson McGonigal - Aye
Alderperson Clairborne — Aye Alderperson Murtagh - Aye
Alderperson McCollister —Aye Alderperson Fleming - Aye
Alderperson Smith — Aye Alderperson Kerslick — Aye
Alderperson Martell — Aye Alderperson Mohlenhoff - Aye
Carried Unanimously
The resolution was thereupon declared duly adopted.
1 0.6 A Resolution Authorizing the Issuance Pursuant to Section 90.00 or
Section 90.10 of the Local Finance L aw of Refunding Bonds of the city of
Ithaca, Tompkins County, New York, to be Designated Substantially "Public
Improvement Refunding (Serial) Bonds ", and Providing for Other Matters in
Relation Thereto and the Payment of the Bonds to be Refunded Thereby
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca, Tompkins County, New York (hereinafter, the "City ")
heretofore issued $17,110,000 Public Improvement (Serial) Bonds, 2007 (the "2007
Bonds "), pursuant to various bond resolutions to pay the cost of certain objects or
purposes in and for said City, as set forth in Exhibit A attached hereto and thereby
made a part hereof, and a bond determinations certificate of the Controller dated
January 17, 2007 (hereinafter referred to as the "Refunded Bond Certificate "), such
Public Improvement (Serial) Bonds, 2007, now outstanding in the amount of
$12,175,000, maturing on January 15 annually in each of the years 2015 to 2025,
both inclusive, as more fully described in the Refunded Bond Certificate; and
WHEREAS, it would be in the public interest to refund all or a portion of $10,360,000
of the $12,175,000 outstanding principal balance of said bonds maturing in the years
2017 to 2025, both inclusive (the "Refunded Bonds "), by the issuance of refunding
bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and
WHEREAS, such refunding will result in present value savings in debt service as so
required by Section 90.10 of the Local Finance Law; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New
York, as follows:
Section 1. For the object or purpose of refunding the $10,360,000 outstanding
principal balance of the Refunded Bonds, including providing moneys which,
together with the interest earned from the investment of certain of the proceeds of the
refunding bonds herein authorized, shall be sufficient to pay (i) the principal amount of the
Refunded Bonds, (ii) the aggregate amount of unmatured interest payable on the
Refunded Bonds to and including the date on which the Refunded Bonds which are callable
are to be called prior to their respective maturities in accordance with the refunding
financial plan, as hereinafter defined, (iii) the costs and expenses incidental to the
issuance of the refunding bonds herein authorized, including the development of the
refunding financial plan, as hereinafter defined, compensation to the underwriter or
underwriters, as hereinafter defined, costs and expenses of executing and performing the
terms and conditions of the escrow contract or contracts, as hereinafter defined, and
fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv) the
redemption premium payable on the Refunded Bonds, and (v) the premium or premiums
for a policy or policies of municipal bond insurance or cost or costs of other credit
enhancement facility or facilities, for the refunding bonds herein authorized, or any
portion thereof, there are hereby authorized to be issued not exceeding $11,000,000
refunding serial bonds of the City pursuant to the provisions of Section 90.00 or Section
90.10 of the Local Finance Law (the "City Refunding Bonds" or the "Refunding Bonds "), it
being anticipated that the amount of Refunding Bonds actually to be issued will be
approximately $9,795,000, as provided in Section 4 hereof. The Refunding Bonds shall
each be designated substantially "PUBLIC IMPROVEMENT REFUNDING (SERIAL)
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BOND" together with such series designation and year as is appropriate on the date of
sale thereof, shall be of the denomination of $5,000 or any integral multiple thereof
(except for any odd denominations, if necessary) not exceeding the principal amount of
each respective maturity, shall be numbered with the prefix R -14 (or R with the last two
digits of the year in which the Refunding Bonds are issued as appropriate) followed by
a dash and then from 1 upward, shall be dated on such dates, and shall mature
annually on such dates in such years, bearing interest semi - annually on such dates,
at the rate or rates of interest per annum, as may be necessary to sell the same,
all as shall be determined by the Controller pursuant to Section 4 hereof. It is hereby
further determined that (a) such Refunding Bonds may be issued in series, (b) such
Refunding Bonds may be sold at a discount in the manner authorized by paragraph a
of Section 57.00 of the Local Finance Law and pursuant to subdivision 2 of
paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding
Bonds may be issued as a single consolidated issue. It is hereby further determined
that such Refunding Bonds may be issued to refund all, or any portion of, the
Refunded Bonds, subject to the limitation hereinafter described in Section 10 hereof
relating to approval by the State Comptroller.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity
upon such terms as the Controller shall prescribe, which terms shall be in compliance
with the requirements of Section 53.00 (b) of the Local Finance Law. If less than all
of the Refunding Bonds of any maturity are to be redeemed, the particular refunding
bonds of such maturity to be redeemed shall be selected by the City by lot in any
customary manner of selection as determined by the Controller. The Refunding Bonds
shall be issued in registered form and shall not be registrable to bearer or
convertible into bearer coupon form. In the event said Refunding Bonds are issued
in non - certificated form, such bonds, when issued, shall be initially issued in
registered form in denominations such that one bond shall be issued for each
maturity of bonds and shall be registered in the name of Cede & Co., as nominee of
The Depository Trust Company, New York, New York ( "DTC "), which will act as
securities depository for the bonds in accordance with the Book - Entry -Only system of
DTC. In the event that either DTC shall discontinue the Book -Entry-Only system or
the City shall terminate its participation in such Book - Entry -Only system, such bonds
shall thereafter be issued in certificated form of the denomination of $5,000 each or
any integral multiple thereof (except for any odd denominations, if necessary) not
exceeding the principal amount of each respective maturity. In the case of non -
certificated Refunding Bonds, principal of and interest on the bonds shall be payable
by check or draft mailed by the Fiscal Agent (as hereinafter defined) to The
Depository Trust Company, New York, New York, or to its nominee, Cede & Co., while
the bonds are registered in the name of Cede & Co. in accordance with such Book -
Entry -Only System. Principal shall only be payable upon surrender of the bonds at
the principal corporate trust office of such Fiscal Agent (or at the office of the City
Clerk as Fiscal Agent as hereinafter provided).
In the event said Refunding Bonds are issued in certificated form, principal of and
interest on the Refunding Bonds shall be payable by check or draft mailed by the
Fiscal Agent (as hereinafter defined) to the registered owners of the Refunding Bonds
as shown on the registration books of the City maintained by the Fiscal Agent (as
hereinafter defined), as of the close of business on the fifteenth day of the calendar
month or last business day of the calendar month preceding each interest payment
date as appropriate and as provided in a certificate of the Controller providing for the
details of the Refunding Bonds. Principal shall only be payable upon surrender of
bonds at the principal corporate trust office of a bank or trust company or banks or
trust companies located or authorized to do business in the State of New York, as
shall hereafter be designated by the Controller as fiscal agent of the City for the
Refunding Bonds (collectively the "Fiscal Agent ").
Refunding Bonds in certificated form may be transferred or exchanged at any time
prior to maturity at the principal corporate trust office of the Fiscal Agent for bonds of
the same maturity of any authorized denomination or denominations in the same
aggregate principal amount.
Principal and interest on the Refunding Bonds will be payable in lawful money of
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the United States of America.
July 2, 2014
The Controller, as chief fiscal officer of the City, is hereby authorized and directed
to enter into an agreement or agreements containing such terms and conditions as
he or she shall deem proper with the Fiscal Agent, for the purpose of having such
bank or trust company or banks or trust companies act, in connection with the
Refunding Bonds, as the Fiscal Agent for said City, to perform the services
described in Section 70.00 of the Local Finance Law, and to excute such agreement
or agreements on behalf of the City, regardless of whether the Refunding Bonds are
initially issued in certificated or non - certificated form; provided, however, that the
Controller is also hereby authorized to name the City Clerk as the Fiscal Agent in
connection with the Refunding Bonds.
The Controller is hereby further delegated all powers of this Common Council with
respect to agreements for credit enhancement, derived from and pursuant to Section
168.00 of the Local Finance Law, for said Refunding Bonds, including, but not limited
to the determination of the provider of such credit enhancement facility or facilities
and the terms and contents of any agreement or agreements related thereto.
The Refunding Bonds shall be executed in the name of the City by the manual or
facsimile signature of the Controller, and a facsimile of its corporate seal shall be
imprinted thereon. In the event of facsimile signature, the Refunding Bonds shall be
authenticated by the manual signature of an authorized officer or employee of the
Fiscal Agent. The Refunding Bonds shall contain the recital required by subdivision
4 of paragraph g of Section 90.00 of the Local Finance Law or subdivision 4 of
paragraph j of Section 90.10 of the Local Finance Law, as applicable, and the recital
of validity clause provided for in Section 52.00 of the Local Finance Law and shall
otherwise be in such form and contain such recitals, in addition to those required by
Section 51.00 of the Local Finance Law, as the Controller shall determine. It is
hereby determined that it is to the financial advantage of the City not to impose and
collect from registered owners of the Refunding 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.
Section 3. It is hereby determined that the maximum amount of the Refunding
Bonds authorized to be issued pursuant to this resolution does not exceed the
limitation imposed by subdivision 1 of paragraph b of Section 90.10 of the Local
Finance Law; the maximum period of probable usefulness permitted by law at the
time of the issuance of the Refunded Bonds for the objects or purposes for which
such Refunded Bonds were issued is as shown upon Exhibit A attached hereto and
hereby made a part hereof; the last installment of the Refunding Bonds will mature
not later than the expiration of the period of probable usefulness of the objects or
purposes for which said Refunded Bonds were issued in accordance with the
provisions of subdivision 1 of paragraph a of Section 90.00 of the Local Finance Law
and subdivision 1 of paragraph c of Section 90.10 of the Local Finance Law, as
applicable; the estimated present value of the total debt service savings anticipated
as a result of the issuance of the Refunding Bonds, if any, computed in accordance
with the provisions of subdivision 2 of paragraph b of Section 90.10 of the Local
Finance Law, is as shown in the Refunding Financial Plan described in Section 4
hereof.
Section 4. The financial plan for the aggregate of the refundings authorized by
this resolution (collectively, the "Refunding Financial Plan "), showing the sources and
amounts of all moneys required to accomplish such refundings, the estimated present
value of the total debt service savings and the basis for the computation of the
aforesaid estimated present value of total debt service savings, are set forth in Exhibit
B attached hereto and made a part of this resolution. The Refunding Financial Plan
has been prepared based upon the assumption that the Refunding Bonds will be
issued in one series to refund all of the Refunded Bonds in the principal amount of
$9,795,000, and that the Refunding Bonds will mature, be of such terms, and bear
interest as set forth on Exhibit B attached hereto and made a part of this resolution.
This Common Council recognizes that the Refunding Bonds may be issued in one
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or more series, and for all of the Refunded Bonds, or portions thereof, that the
amount of the Refunding Bonds, maturities, terms, and interest rate or rates borne by
the Refunding Bonds to be issued by the City will most probably be different from
such assumptions and that the Refunding Financial Plan will also most probably be
different from that attached hereto as Exhibit B. The Controller is hereby authorized
and directed to determine which of the Refunded Bonds will be refunded and at what
time, the amount of the Refunding Bonds to be issued, the date or dates of such
bonds and the date or dates of issue, maturities and terms thereof, the provisions
relating to the redemption of Refunding Bonds prior to maturity, whether the
Refunding Bonds will be insured by a policy or policies of municipal bond insurance
or otherwise enhanced by a credit enhancement facility or facilities, whether the
Refunding Bonds shall be sold at a discount in the manner authorized by paragraph
e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be
borne thereby, whether the Refunding Bonds shall be issued having substantially
level or declining annual debt service and all matters related thereto, and to prepare,
or cause to be provided, a final Refunding Financial Plan for the Refunding Bonds
and all powers in connection therewith are hereby delegated to the Controller;
provided, that the terms of the Refunding Bonds to be issued, including the rate or
rates of interest borne thereby, shall comply with the requirements of Section 90.00
or Section 90.10 of the Local Finance Law as applicable. The Controller shall file a
copy of his certificate determining the details of the Refunding Bonds and the final
Refunding Financial Plan with the City Clerk not later than ten (10) days after the
delivery of the Refunding Bonds, as herein provided.
Section 5. The Controller is hereby authorized and directed to enter into an
escrow contract or contracts (collectively the "Escrow Contract ") with a bank or trust
company, or with banks or trust companies, located and authorized to do business
in this State as said President shall designate (collectively the "Escrow Holder ") for
the purpose of having the Escrow Holder act, in connection with the Refunding Bonds,
as the escrow holder to perform the services described in Section 90.10 of the Local
Finance Law.
Section 6. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged to the payment of the principal of and interest on the
Refunding Bonds as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and
interest on such bonds becoming due and payable in such year. There shall be
annually levied on all the taxable real property in said City a tax sufficient to pay the
principal of and interest on such Refunding Bonds as the same become due and
payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including
the premium, if any, but excluding accrued interest thereon, shall immediately upon
receipt thereof be placed in escrow with the Escrow Holder for the Refunded Bonds.
Accrued interest on the Refunding Bonds shall be paid to the City to be expended
to pay interest on the Refunding Bonds. Such proceeds as are deposited in the
escrow deposit fund to be created and established pursuant to the Escrow Contract,
whether in the form of cash or investments, or both, inclusive of any interest earned
from the investment thereof, shall be irrevocably committed and pledged to the
payment of the principal of and interest on the Refunded Bonds in accordance with
Section 90.10 of the Local Finance Law, and the holders, from time to time, of the
Refunded Bonds shall have a lien upon such moneys held by the Escrow Holder.
Such pledge and lien shall become valid and binding upon the issuance of the
Refunding Bonds and the moneys and investments held by the Escrow Holder for the
Refunded Bonds in the escrow deposit fund shall immediately be subject thereto
without any further act. Such pledge and lien shall be valid and binding as against all
parties having claims of any kind in tort, contract or otherwise against the City
irrespective of whether such parties have notice thereof.
Section 8. Notwithstanding any other provision of this resolution, so long as any of
the Refunding Bonds shall be outstanding, the City shall not use, or permit the use
of, any proceeds from the sale of the Refunding Bonds in any manner which would
cause the Refunding Bonds to be an "arbitrage bond" as defined in Section 148 of the
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Internal Revenue Code of 1986, as amended, and, to the extent applicable, the
Regulations promulgated by the United States Treasury Department thereunder.
Section 9. In accordance with the provisions of Section 53.00 and of paragraph h
of Section 90.10 of the Local Finance Law, in the event such bonds are refunded,
the City hereby elects to call in and redeem each of the Refunded Bonds which the
Controller shall determine to be refunded in accordance with the provisions of
Section 4 hereof and with regard to which the right of early redemption exists. The
sum to be paid therefor on such redemption date shall be the par value thereof, and
the accrued interest to such redemption date. The Escrow Agent for the Refunding
Bonds is hereby authorized and directed to cause notice of such call for redemption
to be given in the name of the City in the manner and within the times provided in
the Refunded Bond Certificate. Such notice of redemption shall be in substantially
the form attached to the Escrow Contract. Upon the issuance of the Refunding
Bonds, the election to call in and redeem the callable Refunded Bonds and the
direction to the Escrow Agent to cause notice thereof to be given as provided in this
paragraph shall become irrevocable, provided that this paragraph may be amended
from time to time as may be necessary in order to comply with the publication
requirements of paragraph a of Section 53.00 of the Local Finance Law, or any
successor law thereto.
Section 10. The Refunding Bonds shall be sold at public competitive sale or at
private sale to (the "Underwriter ") an underwriter as shall be determined by the
Controller for purchase prices to be determined by the Controller, plus accrued
interest from the date or dates of the Refunding Bonds to the date or dates of the
delivery of and payment for the Refunding Bonds. Subject to the approval of the
terms and conditions of such private sale by the State Comptroller as may be
required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law,
the Controller, is hereby authorized to execute and deliver a purchase contract for the
Refunding Bonds in the name and on behalf of the City providing the terms and
conditions for the sale and delivery of the Refunding Bonds to the Underwriter if sold
at private sale. After the Refunding Bonds have been duly executed, they shall be
delivered by the Controller to the purchaser or to the Underwriter in accordance with
said purchase contract upon the receipt by the City of said the purchase price,
including accrued interest.
Section 11. The Controller and all other officers, employees and agents of the City
are hereby authorized and directed for and on behalf of the City to execute and
deliver all certificates and other documents, perform all acts and do all things required
or contemplated to be executed, performed or done by this resolution or any
document or agreement approved hereby.
Section 12. All other matters pertaining to the terms and issuance of the
Refunding Bonds shall be determined by the Controller and all powers in connection
thereof are hereby delegated to the Controller. The Controller shall be further
authorized to issue said Refunding Bonds pursuant to Section 90.00 or Section
90.10 of the Local Finance Law as said officer shall determine necessary.
Section 13. The validity of the Refunding Bonds 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 14. A summary of this resolution, which takes effect immediately, shall be
published in the official newspapers of said City, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
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City Controller Thayer noted that this Resolution serves as a refinancing of older bonds
due to lower interest rates. The City will achieve a 6.4% ($740,000) savings over a 10
year period.
The foregoing resolution was duly put to a vote which resulted as follows:
Alderperson Brock - Aye Alderperson McGonigal - Aye
Alderperson Clairborne — Aye Alderperson Murtagh - Aye
Alderperson McCollister —Aye Alderperson Fleming - Aye
Alderperson Smith — Aye Alderperson Kerslick — Aye
Alderperson Martell — Aye Alderperson Mohlenhoff - Aye
Carried Unanimously
The resolution was thereupon declared duly adopted.
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10.7 City Controller's Report:
City Controller Thayer reported on the following:
• Budget development continues — the Mayor's budget guidelines require
Department Heads to submit a -1 % budget, incorporating contractual salary
increases, to address the $1.5 million deficit.
The taxable assessment has increased 6.16% - the highest increase since 2006
If there were no changes to the tax rate — the city would receive approximately
$1.2 million in additional revenue. The current tax rate is $13.12 per $1,000
assessed. If taxes were to stay within the 2% tax cap they would be dropped to
$12.60 per $1,000 assessed. Most of this increase is due to new development
happening within the City.
2014 Activity:
Sales Tax — 1.1 % ahead of last year at this time
Overtime - $468,000 spent out of a $945,000 budget
Simeon's Accident resulted in $33,800 of overtime so far
Building Permit Fees - $250,000 collected out of a $700,000 budget
Parking Revenue - $1.05 million collected out of a $2.4 million budget
Delayed equipment transitions, Commons construction & Seneca
Street garage construction have negatively impacted that budget
2014 CPI to date is 1.7%
Discussion followed regarding proposed health care, pension and labor costs.
13. INDIVIDUAL MEMBER — FILED RESOLUTIONS:
14.1 Resolution Posthumously Honoring Former City of Ithaca Alderman and Tompkins
County Representative Stuart W. Stein
By Alderperson Clairborne: Seconded by Alderperson McCollister
WHEREAS, Stuart W. Stein served the residents of the City of Ithaca and County of Tompkins
for more than 30 years through voluntary and elected service, and
WHEREAS, Stein came to Ithaca in 1962 as a native of Brooklyn to teach in the Department of
City and Regional Planning at Cornell University, bringing with him specialties in land use and
community planning, and
WHEREAS, Stein also brought with him a passion and belief for making private and public
sectors work cooperatively for the benefit of the area's citizens, and
WHEREAS, Stein began his service to the governance of Ithaca in 1969 with his appointment to
fill a vacancy on the Zoning Board of Appeals, then again from 1972 to 1977 on the City's
Planning Board, which he served two more years as that board's chair, and
WHEREAS, during his service on the Planning Board, Stein collaborated with three other
Cornell professors at the City's request to form a plan that would later materialize as the Ithaca
Commons, and
WHEREAS, Stein again answered the City's call to serve by filling a one -year vacancy on
Common Council representing East Hill, a vacancy created by the election of Mayor Ed Conley,
and
WHEREAS, Stein spent the next 12 years (1974 -1986) serving the City of Ithaca on the Board
of Public Works and the Ithaca Urban Renewal Agency, of which he was elevated to vice chair,
and
WHEREAS, the community called on Stein's leadership to another level of government by
electing him to the then - Tompkins County Board of Representatives (now Legislature) in 1982,
where he represented the Third District. His constituents kept Stein there through five elections
concluding in 2001, and
WHEREAS, Stein's colleagues on the County Board elected him to serve as the Board's
chairman each year from 1994 through 1996, and
WHEREAS, during Stein's time in County governance he spearheaded the creation of a tax on
hotel rooms to provide consistent funding for tourism programs, and
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WHEREAS, Stein's accomplishments also include steering a collaboration between academic
and business leaders to initiate an effort shepherding local economic development by the
Tompkins County Area Development, as well as the bringing together of local transit entities
that today form Tompkins Consolidated Area Transit (TCAT), and
WHEREAS, Stein's public service encompassed other County- and State -level activities
including serving on the county's Strategic Tourism Planning Board, the New York State Board
on Historic Preservation, and the Municipal Electric and Gas Alliance (MEGA), and
WHEREAS, throughout his service to community Stein not only chaired and continued teaching
in his department at Cornell University, he served under five of this City's mayors and was
informally adviser to four others including current Mayor Svante L. Myrick, and
WHEREAS, Stuart W. Stein passed away on June 24, 2014, at age 84; now therefore be it
RESOLVED, in recognition of 30 -plus years of this civic servant's love and devotion to the
people and communities of the City of Ithaca and Tompkins County, this Common Council
requests Mayor Svante L. Myrick honor the leadership and accomplishments of Stuart W. Stein,
including the lowering of flags to half staff at City facilities, and be it further
RESOLVED, that a copy of this resolution be sent to the Tompkins County Legislature and to
the family of our departed colleague and friend.
Carried Unanimously
REPORTS OF COMMON COUNCIL LIAISONS:
Benefit for Simeon's
Mayor Myrick announced that a benefit is being planned for the survivors of the
Simeon's accident on Tuesday, July 8, 2014 at Stewart Park at 6:00 pm. He noted that
it looks as if the building can be, and will be saved. It is currently being secured for
future work.
TCAT
Alderperson Murtagh reported that TCAT will be presenting their budget on August 5,
2014 at 11:30 am. The location is to be determined at a later date.
Ithaca Landmarks Preservation Commission
Alderperson McCollister reported that the house on 202 Eddy Street will need to be
demolished due to fire damage; however, the owner has expressed an interest in
rebuilding the property.
She further reported that there were no updates on the Ridgewood Road project.
Chamber of Commerce
Alderperson Mohlenhoff announced that Jennifer Tavares is being welcomed as the
new Director of the Tompkins County Chamber of Commerce.
Recreation Partnership
Alderperson Kerslick reported that the Recreation Partnership is undergoing budget
discussions and is currently looking for a 3% increase in funding due to the mandatory
salary increases and the increase in minimum wages. This still results in a reduction of
programs.
Tompkins County Council of Governments
Alderperson Clairborne reported that TCCOG is discussing shared services pursuant to
the Governor's budget and working on a request to allow municipalities to receive credit
for their longer term shared services as well as the newer initiatives.
REPORT OF CITY CLERK:
City Clerk Conley Holcomb reminded Common Council that the new e -mail system
would be implemented on Monday, July 7, 2014. Her department will be available to
assist Council members with any trouble they encounter.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that Ginsburg vs. the City of Ithaca case is scheduled to
proceed to trial on July 28, 2014 against the City's objections.
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MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the June 4, 2014 Regular Common Council Meeting Minutes —
Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That the minutes of the June 4, 2014 Regular Common Council Meeting
be approved as published.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:40 p.m.
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor
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