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Home My WebLink AboutMN-CC-2018-06-06COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 6, 2018 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Building - Planning & Development Director – Cornish Director of Code Enforcement – Niechwiadowicz Building Inspector - Epthimiatos Senior Planner – Wilson Historic Preservation Planner - McCracken Superintendent of Public Works – Thorne Bridge Systems Engineer – Gebre Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Individual Member Filed Resolution: Alderperson Brock requested the addition of Item 13.3 Resolution Supporting Tompkins County's Proclamation that June 2018 be LGBTQIA+ Pride Month. No Council Member objected. PROCLAMATIONS/AWARDS: Quarterly Employee Recognition Awards Mayor Myrick presented the First Quarter 2018, Quarterly Employee Recognition Awards to: Ithaca Police Officers Thomas Condzella and Michael Meskill for making a 16-hour road trip to Tennessee to visit Ithaca’s youngest honorary police officer, Colin Hayward Toland, as he was nearing the end of his watch. Their visit brought great joy and comfort to Officer Colin and his family. Executive Assistant Denise Malone for her continued willingness to volunteer her time when needed as a Workforce Diversity Advisory Committee representative for prospective employee interviews. Her calm demeanor and unique perspective add value to the decision making process. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Fay Gougakis, City of Ithaca – voiced her opposition to allowing dogs or skateboards on the Commons; addressed behavior displayed at the last meeting by a member of the public. Roger Freeman, Town of Ithaca – Green Street Garage Project development selection process. Nathan Lyman, City of Ithaca – voiced his opposition to the Charitable Trust Legislation. Joel Fredell, City of Ithaca – Residential density and the impacts of infilling properties in R2B zones. June 6, 2018 2 The following people spoke in opposition to re-opening the Commons Playground during the Harold Square Construction project: Fay Gougakis, City of Ithaca Vicki Taylor Brous, Town of Dryden, representative of Harold Square Project The following people spoke in favor of re-opening the Commons Playground during the Harold Square Construction project: Joseph Gaylord, Town of Newfield, American Crafts by Robbie Dein John Guttridge, City of Ithaca, Press Bay Alley Adil Griguihi, Town of Ithaca, Commons Kitchen, Casablanca Pizza Sarah Hodess, City of Ithaca Mike Culotta, City of Ithaca Kelsey and Henry (age 7) Underwood Aryeal Jackson, City of Ithaca Kelly Serbonich, Village of Cayuga Heights, Jillian’s Drawers Asha Sanaker, City of Ithaca The following people spoke in support of the designation of the Former No. 9 Fire Station at 311 College Avenue as local landmark: Roger Freeman, Town of Ithaca Susan Holland, City of Ithaca, Historic Ithaca Dan Hoffman, City of Ithaca Robert Lynch, Town of Enfield John Schroeder, City of Ithaca Nancy Brchak, Village of Trumansburg Mary Raddant Tomlan, City of Ithaca The following people spoke in opposition of the designation of the Former No. 9 Fire Station at 311 College Avenue as local landmark: Taylor Peck, Town of Catharine Brody Smith, Representing the building owners Ken Vineberg, City of Ithaca Nathan Lyman, City of Ithaca Harold Schultz, City of Ithaca, co-owner of The Nines Ken Young, City of Ithaca Joe Karcinell, Interested Potential Developer for The Nines property Craig Dick, Alpine, NY Pat Smith, Town of Newfield Rich Kaske, City of Ithaca George Larsen, Village of Trumansburg Jody Schwan, Jacksonville Robert Thorne, City of Ithaca Michael Pichel, City of Ithaca Mark and Shirley Kielmann, Town of Enfied, Co-owners of The Nines Eric Lee, City of Ithaca Jean Gilroy, Seneca Falls Sally Lockwood, City of Ithaca Peter Littman, Ithaca Jamie Ramirez, Brooktondale Peter Sayet, Town of Ithaca The following people addressed the adoption of the Parks Master Plan, stating their opposition to the concept of alienating small neighborhood parks for use as substitute parkland: Doug McKee, City of Ithaca Betsy Darlington, City of Ithaca Ann Sullivan, City of Ithaca Diane Wallace, City of Ithaca Dan Hoffman, City of Ithaca Sandra Greene, City of Ithaca Theresa Lyczko, City of Ithaca Randi Beckmann, City of Ithaca June 6, 2018 3 Robert Thorne, City of Ithaca Michael Ryzenic, City of Ithaca Elizabeth Martin, City of Ithaca Elisa Collins Zinda, City of Ithaca Mary Raddant Tomlan, City of Ithaca Maureen Gilroy, City of Ithaca PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Mayor Myrick responded to several of the comments made, noting that it’s not the buildings that make Ithaca special and “quirky”, it’s the people and the experiences they have. He stated that the City went to great lengths to put together a plan for Collegetown that was not dependent on student housing. He spoke in defense of “medium rise” buildings, noting that a neighborhood is for the people who live in it and this neighborhood is the “soul” of Collegetown. He voiced his appreciation for how respectful the public comment period was even though different opinions were expressed. Alderperson Nguyen thanked the 52 speakers for coming out, noting that it was a record during his time on Council. He announced that after consultation with staff, the Commons playground issue will be referred to the Planning & Economic Development Committee for further discussion and a review of new ideas. Alderperson Murtagh agreed that the Commons Playground issue deserved further discussion and a look at available options. He further responded to comments made about the Parks and Recreation Master Plan. He stated that it may have appeared that comments fell on deaf ears; however, removing the language regarding the parks alienation concept was a result of that public input. He explained that the concept was developed by the city staff who are responsible for maintaining the parks. The plan now calls for all parks to be reviewed and analyzed systematically. He stated that this is an important strategic plan for the park system as the city is struggling to maintain all of the parks and needs a 21st century plan. He noted that the Plan is much bigger than one single page or idea, and stated that Senior Planner Wilson has done a phenomenal job in creating the plan and he expressed his gratitude. Alderperson Brock thanked Alderperson Murtagh for the clarification and further clarified that a strategic plan is not an action to alienate the parks. She thanked Brian Crandall for activating the Belle Sherman neighborhood, and noted that a number of unconventional ideas are in the plan but any action taken would require a number of meetings with public input opportunities. She expressed her thanks to staff for their hard work on the plan. Alderperson McGonigal reported that Common Council and the Tompkins County Legislature are starting an on-line petition drive to bring back local news channels to Spectrum cable so people can follow city related news. Alderperson Kerslick thanked the staff for the work that they do, noting that most people were very respectful with their comments but there have been inappropriate comments made in other venues about staff vs. the community. He noted that these types of comments are not productive for deliberations. CONSENT AGENDA ITEMS: Superintendent of Public Works’ Office: 8.1 Ithaca Ale House Alcohol Permit Approval Request - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Ithaca Ale House has requested permission to utilize certain areas along North Aurora Street for outdoor dining; and WHEREAS, this use of public property has been deemed proper and successful; and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including outdoor dining; and June 6, 2018 4 WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; and WHEREAS, Common Council has determined that the use of this public property for outdoor dining at the Ithaca Ale House, including the responsible sale and consumption of alcohol, is desirable; and WHEREAS, Common Council has determined that any use of this or similar public property involving the same and consumption of alcohol should be covered by a minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it RESOLVED, For the year 2018, Common Council hereby approves a revocable Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Ithaca Ale House that includes the sale of alcohol in accord with the terms and conditions set forth in application therefore, including minimum Dram Shop coverage in the amount of $1,000,000 and the approval of an outdoor dining permit. Carried Unanimously 8.2 Department of Public Works Water & Sewer Division - Amendment to Personnel Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division has need of a Senior Geographic Information Systems (GIS) Specialist; and WHEREAS, the new job description and new position duties statement have been approved by the City of Ithaca Human Resources Department and the Civil Service Commission; and WHEREAS, the total additional salary difference entailed in adding a Sr. GIS Specialist and deleting a GIS Specialist is approximately $2,116.00; and WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division has the funds available in the 2018 Budget in the Administrative salary lines and will incorporate the necessary funds in the 2019 and future budgets; now, therefore be it RESOLVED, That the Personal Roster of the City of Ithaca Department of Public Works Water & Sewer Division be amended as follows: Delete: One (1) Geographic Information Systems Specialist (40 hours) Add: One (1) Senior Geographic Information Systems Specialist (40 hours), ; and, be it further RESOLVED, That the position of Senior Geographic Information Systems Specialist shall be assigned to the CSEA Administrative Unit Compensation Plan at salary grade 13; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for the Senior Geographic Information System Specialist position shall be established at eight (8) hours per day (forty (40) hours per week). Carried Unanimously 8.3 Human Resources Department – Request to Amend Authorized Budget for a Safety Grant - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the City applied for and received an Occupational Safety and Health Training Education Program Grant from the New York State Department of Labor in the amount of $11,810.00; and June 6, 2018 5 WHEREAS, the grant will run until July 31, 2018, and provide City staff with various safety training, including, but not limited to: confined space, trenching, excavation, lockout/tagout, hazard communications and work zone safety; now, therefore be it RESOLVED, That Common Council hereby amends the 2018 Authorized Human Resources Department Budget to account for the $11,810.00 Safety and Health Training and Education Program Grant from New York State as follows: Increase Revenue Account: A1430-3489 NYS Aid Health $ 11,810.00 Increase Appropriations Account: A1430-5435 Human Resources Contracts $ 11,810.00 Carried Unanimously 8.4 Access Oversight Committee (AOC) Recommendations for 2019 Budget - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, Section 15.12 of the Franchise Agreement between the City of Ithaca and Time Warner Entertainment-Advance/Newhouse Partnership (TWC) of January 2003, and since assigned to Charter Communications, Inc. (d/b/a Spectrum Networks) after its 2016 acquisition of TWC, requires the participating municipalities (City of Ithaca, Town of Ithaca, Village of Cayuga Heights) to provide it with an annual budget for Public, Educational and Governmental access operations (PEG) by June 30 of each calendar year; and WHEREAS, the City of Ithaca's Ordinance #2003-17, Par 18-4-G, requires the Access Oversight Committee (AOC) to provide the Participating Municipalities with a recommended annual budget by May 31 of each calendar year; and WHEREAS, in 2017 it was resolved not to use the 2018 Budget funds but have them become part of the 2019 Budget; and WHEREAS, the AOC has reviewed PEG’s current equipment and anticipates that only a limited amount of new or replacement equipment will be needed; and WHEREAS, the AOC anticipates the replacement of computers and the current playback system in the next few years; and WHEREAS, such purchases would exceed the available funds of one budget year; and WHEREAS, at their regular meeting on May 1, 2018 the AOC recommended earmarking up to $5,000.00 as contingency to purchase equipment as needed for the functioning of PEG operations, and to let the remaining 2018 and 2019 Budget funds accumulate and become part of the 2020 Budget; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca accepts the AOC recommended budget for 2019 such that the participating municipalities may meet their obligation to provide Spectrum TV with an annual budget for Public, Educational and Governmental access operations. Carried Unanimously 8.5 Youth Bureau – Request for Authorization to Apply for a New York State Consolidated Funding Application Grant for the Cass Park Rink Enclosure Project - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Ithaca Youth Bureau would like to apply for the Environmental Protection Fund (EPF) Grant Program for Parks, Recreation, Preservation and Heritage, Consolidated Funding Application (CFA) 2018, for the Cass Park Rink Enclosure Project on behalf of the City of Ithaca; and June 6, 2018 6 WHEREAS, The Cass Park Rink serves as the hub of all Cass Park facilities and programs, serves thousands of Ithaca area residents on a year-round basis, and is widely recognized as a valuable public asset; and WHEREAS, the City has completed a series of Rink improvements as recommended in structural and operational reports to complete Phase 1 and Phase 2; Year 1 of the planned 3-phase renovation project; and WHEREAS, The Friends of the Ithaca Youth Bureau (FOIYB) has been actively fundraising in the community; and WHEREAS, the grant funds would enable the City to move forward with the help of FOIYB to complete Phase 2; Year 2 of the project, which will enclose Cass Park Rink as recommended for optimal operations; now, therefore be it RESOLVED, That the Director of the City of Ithaca Youth Bureau, is hereby authorized to file an application for funds in an amount not to exceed $500,000.00 for the Cass Park Rink Enclosure Project from the New York State CFA, and upon approval of said request the Mayor, upon the advice of the City Attorney is hereby authorized, to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the Cass Park Rink Project; and, be it further RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Cass Park Rink Enclosure Project. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 Engineering Department - Brindley Street Bridge Replacement Project - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet, P.I.N. 375611 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the project involves the construction of new a roadway and bridge on a relocated horizontal alignment that will connect Taber Street with the West State Street/Taughannock Boulevard intersection; and WHEREAS, as part of the approved 2011 budget, the City of Ithaca established Capital Project #764 in the amount of $205,000 to cover scoping and development phases of the project; and WHEREAS, as part of the approved 2015 budget, Common Council authorized an additional $303,000 for the project; and WHEREAS, as part of the approved 2017 budget, Common Council authorized an additional $134,000 for the project; and WHEREAS, on June 8, 2017, Common Council approved an increase of CP#764 by an amount not to exceed $16,650 (80% Federal and 20% City Share) to cover the cost of participation in the Right-of-Way Acquisition phase of the Project; and WHEREAS, as part of the approved 2018 budget, Common Council authorized an additional $2,788,000 (80% Federal and 20% City Share) to pay in the first instance 100% of the Federal and non-Federal share of the costs of Construction and Construction Inspection; and WHEREAS, the Department of Public Works has decided to allocate $100,000 in Consolidated Local Street and Highway Improvement Program (CHIPS) fund to cover the project construction cost as a local match; and June 6, 2018 7 WHEREAS, On May 15, 2018, an additional $570,000 Project funding was made available by New York State Department of Transportation (NYSDOT) for Construction and Construction Inspection Phases; and WHEREAS, On May 30, 2018, an additional $180,998 in State Marchiselli funding was made available by New York State Department of Transportation (NYSDOT) for Construction and Construction Inspection Phases; and WHEREAS, the Department of Public Works is planning to repurpose the existing bridge to serve as pedestrian bridge for a total cost of $202,000; and WHEREAS, On November 28, 2017, as part of the project’s Site Plan Approval, City of Ithaca Planning and Development Board requested additional aesthetic and landscaping improvements for a total cost of $160,000; and WHEREAS, the amended project budget is projected to be $ 4,482,000; and WHEREAS, the current and proposed project costs are outlined as follows: Authorization Total Project Cost City of Ithaca Share NYSDOT Marchiselli Fund Federal Highway Administration Share NYSDOT CHIPS Fund Current $3,450,000 $1,370,000 $0 $2,080,000 $0 Proposed $4,482,000 $1,498,602 $180,998 $2,702,400 $100,000 Increase $1,032,000 $128,602 $180,998 $622,400 $100,000 ; now, therefore be it RESOLVED, That, Common Council here by approves an increase of Capital Project #764 by an amount not to exceed $1,032,000, for a total project authorization of $ 4,482,000; and, be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 33.4% of said portion, currently estimated at $1,498,602 of the $4,482,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, This Resolution shall take effect immediately; and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project. June 6, 2018 8 Alderperson Kerslick voiced his concerns about the expense of the proposed improvements to the pedestrian bridge and questioned whether the additional Marchiselli Funding could be used toward those improvements. Superintendent of Public Works Thorne responded that the additional funds would be used toward the project in general. Alderperson McGonigal stated that he shares Alderperson Kerslick’s concerns about spending several hundred thousand dollars on landscaping and the pedestrian bridge improvements. He questioned why the work wouldn’t be done in-house at a lower cost, or whether there might be grant possibilities for this work. Bridge Systems Engineer Gebre explained that the City Administration Committee approved sending the complete project on to Council for consideration. He noted that a majority of funding for this project would be reimbursed by the NYS Department of Transportation and Federal highway funds. Superintendent of Public Works Thorne shared his recommendation that the complete project be bid and if it comes in over budget, staff can value engineer the various components of the project. Alderperson Brock suggested that the project go to bid now before a wider variation in steel price occurs. A vote on the Resolution resulted as follows: Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Mohlenhoff, Lewis Nays (2) Kerslick, McGonigal Carried 9.2 Engineering Department - South Cayuga Street Bridge Deck Replacement Project - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, a project for the rehabilitation of the South Cayuga Street Bridge over Six Mile Creek, P.I.N. 375616 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs for such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of the costs of Scoping, Preliminary Design and Detailed Design; and WHEREAS, this project constitutes a reconstruction of a facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; and WHEREAS, As part of the approved 2018 budget, Common Council already authorized $155,000.00 (80% Federal Share and 20% Local Share) to cover the cost of participation in Scoping and Preliminary Design Phases and an additional $25,000.00 (100% Local Share) to cover project administration cost; and WHEREAS, in October 2018 an additional $210,000.00 (80% Federal and 20% Local Share) in funding for the project will be made available by the New York State Department of Transportation to cover the cost of participation in Detailed Design; now, therefore be it RESOLVED, That the City of Ithaca Common Council hereby approves the above subject project; and, be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Preliminary Design and Detailed Design thereof; and, be it further June 6, 2018 9 RESOLVED, That the City of Ithaca Common Council hereby amends CP#848 to add $210,000.00 for a total of $390,000.00; and, be it further RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 25.1% or $98,000.00; and, be it further RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by New York State Department of Transportation thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests; and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, That this Resolution shall take effect immediately. Carried Unanimously 9.3 Department of Public Works Amendment to Capital Project #777 for the Green and Seneca Parking Garages - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, Capital Project #777 was established in 2012 and has been amended each year for the purchase of parking related equipment; and WHEREAS, the automated parking equipment at the Green and Seneca Street Parking Garages is past its useful life, requiring frequent, expensive repairs using parts that are no longer commercially available, and is unreliable to the point that exit gates need to be raised after 11:00 p.m. to prevent vehicles from being stuck in the garages after hours, representing a significant loss in revenue; and WHEREAS, the lost revenue from raising the exit gates at Green and Seneca Garages is estimated at $7,500.00 per month, and repair costs associated with the outdated parking equipment were approximately $58,000.00 for 2017, for a total of nearly $150,000.00; and WHEREAS the replacement cost for newer, reliable equipment for the Green and Seneca Street Parking Garages is estimated at $485,000.00, representing a payback period of approximately 3.5 years; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #777 by an amount not to exceed $485,000.00 for a total authorized project amount of $1,746,000.00 for the replacement of automated parking equipment at the Green and Seneca Street Parking Garages; and. be it further RESOLVED, That funds necessary for said amendment shall be derived from the issuance of Serial Bonds. The new Parking Director, Peter Messmer, was introduced to Common Council. Alderperson Brock thanked Superintendent of Public Works Thorne for the time he spent with her explaining the process used to find the new equipment. Discussion June 6, 2018 10 followed regarding the life expectancy of the equipment, short-term bond financing, and the salvage value of the equipment should the garage be sold. City Controller Thayer noted that if the equipment is sold, any outstanding bonds would have to be paid off first. A vote on the Resolution resulted as follows: Carried Unanimously 9.4 City Attorney - Establishment of a Charitable Gifts Reserve Fund Pursuant to General Municipal Law § 6-u. - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, on March 30, 2018, the New York State legislature passed the 2018-19 New York State Budget; and WHEREAS, under the Budget, the State legislature added a new section 6-u to Article 2 of the New York State General Municipal Law that enables the Common Council of the City of Ithaca to establish a reserve fund known as a charitable gifts reserve fund that may receive unrestricted charitable monetary contributions to the City of Ithaca; and WHEREAS, the Common Council finds it beneficial to establish such a charitable gifts reserve fund for the potential benefit of the City and its taxpayers; now, therefore be it RESOLVED, That the Common Council hereby establishes a charitable gifts reserve fund under section 6-u of the New York State General Municipal Law; and, be it further RESOLVED, That the Common Council hereby delegates to the City Controller the duty to secure and invest money deposited into the charitable gifts reserve fund in conformity with the requirements of General Municipal Law § 6-u and all other applicable provisions of the General Municipal Law; and, be it further RESOLVED, That the Common Council hereby establishes the following procedure for contributions to the charitable gifts reserve fund: charitable gifts may be made into the charitable gifts reserve fund by presenting such gifts to the City Chamberlain’s Office, which Office shall provide in duplicate to the contributor a written acknowledgment of the gift, all in accord with such additional procedures as the City Controller, in consultation with the City Chamberlain, may establish; and, be it further RESOLVED, That the written acknowledgment of the gift shall, per Real Property Tax Law §980-a(3)(a), be provided, in duplicate, on a form prescribed by the New York State Commissioner of Taxation and Finance (the “Commissioner”) and shall specify the amount of the contribution, the name and address of the donor, the date the contribution was received, the authorized signature of a member of the Chamberlain’s Office, and such other information as the Commissioner shall require. City Attorney Lavine explained that the City can and does accept donations which are tax exempt. This legislation would allow for a credit to be issued against property taxes in the amount of 95% of the donation. The legislation does not address, nor would the City advise, what the impacts would be on an individual’s Federal tax obligation or what the risk would be. The remaining 5% donation received could be transferred into the General Fund. Alderperson Mohlenhoff acknowledged that only a small percentage of the City’s residents would be able to take advantage of this program but if no action is taken, no one would be able to take advantage of it. Alderperson Brock noted that this issue is evolving and it is uncertain how the work- arounds will be accepted by the Federal government. She voiced her appreciation to New York State for leading the way to provide tax relief. She questioned whether this was something that the Ithaca City School District or the NYS Department of Education would be exploring. City Attorney Lavine stated that he was not aware of any initiatives taken by the school district but noted that different tax entities across NYS are exploring this option. June 6, 2018 11 Alderperson Nguyen stated that he believes this is too much of a risk and the IRS has advised against it. He noted that it is only an advantage to the wealthy. Mayor Myrick noted that this would help keep money local and spent in Ithaca vs. other states. Discussion followed on the amount of revenue the City could collect vs. the additional work that could impact staff time; potentially increased property tax values; and the level of flexibility that this would give the City. A vote on the Resolution resulted as follows: Ayes (8) Brock, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff, Lewis Nays (2) McGonigal, Nguyen Carried 9.5 A Local Law entitled “Authorization for a Charitable Gifts Reserve Fund Tax Credit Pursuant to Real Property Tax Law § 980-a.” By Alderperson Mohlenhoff: Seconded by Alderperson Lewis WHEREAS on March 30, 2018, the New York State legislature passed the 2018-19 New York State Budget; and WHEREAS under the Budget, the State legislature added a new section 6-u to Article 2 of the New York State General Municipal Law that enables the Common Council of the City of Ithaca to establish a reserve fund known as a charitable gifts reserve fund that may receive unrestricted charitable monetary contributions to the City of Ithaca; and WHEREAS under the Budget, the State legislature also added a new section 980-a to Article 9 of the New York State Real Property Tax Law that authorizes real property tax credits for contributions by real property taxpayers to a charitable gifts reserve fund; now therefore LOCAL LAW 2018-__ BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose The Common Council makes the following findings of fact: 1. The Common Council has established a charitable gifts reserve fund under General Municipal Law § 6-u. 2. The Common Council seeks to extend a real property tax credit to real property taxpayers in the City of Ithaca for their contributions to the charitable gifts reserve fund provided for in Real Property Tax Law § 980-a. Based upon the above findings of fact, the intent and purpose of this Local Law is to authorize a tax credit pursuant to Real Property Tax Law § 980-a to real property taxpayers in the City of Ithaca for their contributions to the charitable gifts reserve fund. Section 2. Authority This Local Law is adopted pursuant to real property tax law § 980-a, which authorizes municipal corporations to adopt a real property tax credit if it has established a charitable gifts reserve fund. Section 3. The Charitable Gifts Reserve Fund Tax Credit a) Having previously established a charitable gifts reserve fund, the Common Council hereby establishes a charitable gifts reserve fund tax credit for the City of Ithaca. b) Any owner of real property located within the City who makes an unrestricted charitable monetary contribution to the City’s charitable gifts reserve fund shall be issued a written acknowledgement of such contribution and may claim a credit against June 6, 2018 12 their City real property tax equal to ninety-five percent (95%) of the charitable gifts reserve fund donation. c) The “associated credit year” for administration of the real property tax credit authorized in this Local Law shall, per Real Property Tax Law § 980-a(2)(a), begin on February 1st of each year and end on January 31st of the following year, except that in the first instance it shall begin on such date as this local law takes effect and end on January 31, 2019. d) Upon presentation during any given associated credit year of a written acknowledgement of contribution and credit claim form in compliance with Real Property Tax Law § 980-a(3)(b) and such other procedures as may be established pursuant to this Local Law, the City Chamberlain shall, to the extent authorized by Real Property Tax Law § 980-a and this Local Law, grant the property owner a tax credit towards the tax liability arising from the next-due tax installment specified in § C-42 of the City Charter as to which the last day prescribed by law on which taxes may be paid without interest or penalty has not yet expired. e) The City Chamberlain shall administer the real property tax credit authorized in this Local Law in conformance with such procedures as specified in Real Property Tax Law § 980-a(3)(b) and (c), and such other procedures, not inconsistent therewith, established by the City Controller, in consultation with the City Chamberlain. Section 4. Severability Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law 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 Local Law. Section 5. Effective Date This Local Law take effect immediately upon the filing of the Local Law in the office of the Secretary of State. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal - Nay Alderperson Nguyen - Nay Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Lewis – Aye Carried 8-2 Motion to Extend the Meeting By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the meeting be extended until 11:00 pm. Carried Unanimously 9.6 A Resolution Authorizing the Issuance of an Additional $1,032,000.00 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Brindley Street Bridge Replacement, in and for said City By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to amend such bond resolution accordingly and authorize the additional bonds for the financing thereof; now, therefore be it June 6, 2018 13 RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the replacement of the Brindley Street Bridge, including incidental improvements and expenses, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $1,032,000 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 $4,462,000. Section 2. The plan for the financing of such $4,462,000 maximum estimated cost is as follows: a) By the issuance of the $205,000 bonds of said City heretofore authorized to be issued therefor (as to Phase I) pursuant to a bond resolution dated December 1, 2011; b) By the issuance of the $303,000 bonds of said City heretofore authorized to be issued therefor (as to Phase II) pursuant to a bond resolution dated January 7, 2015; c) By the issuance of the $134,000 bonds of said City heretofore authorized to be issued therefor (as to Phase II) pursuant to a bond resolution dated January 4, 2017; d) By the issuance of the $2,788,000 bonds of said City heretofore authorized to be issued therefor (as to Phase II) pursuant to a bond resolution dated January 3, 2018; e) By the issuance of the additional $1,032,000 bonds of said City herein authorized for said specific object or purpose; and f) Provided, however, that the amount of obligations ultimately to be issued for said specific object or purpose will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law, computed from February 19, 2015. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. June 6, 2018 14 Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Lewis – Aye Carried Unanimously 9.7 A Resolution Authorizing the Issuance of an Additional $375,000.00 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Reconstruction of and Construction of Improvements to the Dryden Road Parking Garage, 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 June 6, 2018 15 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 and construction of improvements to the Dryden Road Parking Garage, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $375,000 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 $426,000. Section 2. The plan for the financing of such $426,000 maximum estimated cost is as follows: a) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; and b) By the issuance of the additional $375,000 bonds of said City herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued therefor. 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 June 6, 2018 16 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. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Lewis – Aye Carried Unanimously 9.8 A Resolution Authorizing the Issuance of $635,000.00 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of the Purchase and Installation of Parking Meters and Related Equipment in and for Said City By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; a nd WHEREAS, it is now desired to authorize bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the class of objects or purposes of paying the cost of the purchase and installation of parking meters, gates, ticket spitters, pay stations, software, and other related equipment (Phases II and III), in and for the City of Ithaca, Tompkins County, New York, including incidental expenses in connection therewith, there are hereby authorized to be issued $635,000 bonds pursuant to the provisions of the Local Finance Law. June 6, 2018 17 Section 2. It is hereby determined that the maximum estimated of the aforesaid class of objects or purposes is hereby determined to be $635,000, which class of objects or purposes is hereby authorized at said maximum estimated cost, and the plan for the financing thereof is by the issuance of the $635,000 bonds of said City authorized to be issued pursuant to this bond resolution. Section 3. It is hereby further determined that the period of probable usefulness of the aforesaid class of objects or purposes is five years, pursuant to subdivision 50 of paragraph (a) of Section 11.00 of the Local Finance Law. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. 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 June 6, 2018 18 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Lewis – Aye Carried Unanimously 9.9 A Resolution Authorizing the Issuance of an Additional $210,000.00 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Planning and Design Costs for the South Cayuga Street Bridge Deck Replacement 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 planning and design costs for the South Cayuga Street Bridge Deck Replacement over Six Mile Creek, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $210,000 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 $390,000. Section 2. The plan for the financing of such $390,000 maximum estimated cost is as follows: a) By the issuance of the $180,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and b) By the issuance of the additional $210,000 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 5 years, pursuant to subdivision 62(2 nd) of June 6, 2018 19 paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued therefor. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. Such bonds shall be in fully registered form and shall be signed in the name of the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may be attested by the manual or facsimile signature of the City Clerk. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. June 6, 2018 20 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. A roll call vote resulted as follows: Alderperson Brock – Aye Alderperson McGonigal - Aye Alderperson Nguyen - Aye Alderperson Murtagh - Aye Alderperson Gearhart - Aye Alderperson Fleming - Aye Alderperson Smith - Aye Alderperson Kerslick - Aye Alderperson Mohlenhoff - Aye Alderperson Lewis – Aye Carried Unanimously PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Adoption of the Parks and Recreation Master Plan as Part of Phase II of the City of Ithaca Comprehensive Plan - Resolution A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith 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 adoption of an amendment to the comprehensive plan is a “Type I” Action under the City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is subject to environmental review; now, therefore be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the adoption of the Parks and Recreation Master Plan as part of Phase II of the City of Ithaca Comprehensive Plan. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca is considering the adoption of the Parks and Recreation Master Plan as part of Phase II of the City’s Comprehensive Plan; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Full Environmental Assessment Form (FEAF), dated December 4, 2017; and WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County Department of Planning and Sustainability have been given the opportunity to comment on the proposed plan, and no comments have been submitted to date; and WHEREAS, the proposed action is a “Type I” Action under the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act; and 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 Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Full Environmental Assessment Form, dated December 4, 2017; and, be it further RESOLVED, That 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 June 6, 2018 21 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 10.1 Adoption of the Parks and Recreation Master Plan as Part of Phase II of the City of Ithaca Comprehensive Plan - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the City is pursuing a two-phased approach to its Comprehensive Plan, where Phase I entailed the preparation of an “umbrella” plan that sets forth broad goals and principles to guide future policies throughout the city and where Phase II includes the preparation of specific neighborhood and thematic plans; and WHEREAS, the City adopted Plan Ithaca as Phase I of its Comprehensive Plan in 2015, and Plan Ithaca recommends the preparation of a plan for the City’s park system as part of Phase II; and WHEREAS, the Common Council funded a parks and recreation master plan as part of the City’s 2016 budget, and the Town of Ithaca and Tompkins County funded various aspects of the proposed plan; and WHEREAS, PROS Consulting was selected as the project consultant and began work on the draft plan in the fall of 2016; and WHEREAS, the public was involved throughout the planning process through stakeholder interviews, focus groups, surveys, and community events; and WHEREAS, the consultant team gathered information through data collection, site assessments, community input, staff observations and local and national trends and used this information to prepare the draft Parks and Recreation Master Plan; and WHEREAS, a draft Parks and Recreation Master Plan was presented in early November and was then circulated for further public comment; and WHEREAS, in accordance with the City of Ithaca Municipal Code and New York State General City Law, the Planning and Development Board is responsible for recommending a comprehensive plan to the Common Council for adoption; and WHEREAS, the Planning and Development Board reviewed the draft plan at its December 19, 2017 and January 30, 2018 meetings and recommended adoption of the plan with several modifications; and WHEREAS, a public hearing for the adoption of the proposed plan was held at the January 10, 2018 Planning & Economic Development Committee meeting, and many written comments were submitted by community members and City staff; and WHEREAS, the Planning & Economic Development Committee voted to adopt the draft plan at its March 2018 meeting, but the draft was later revised again to incorporate additional submitted comments; and WHEREAS, the draft Parks and Recreation Master Plan was submitted for review by the Tompkins County Department of Planning and Sustainability pursuant to §239-l-m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department, and was also distributed for review by the City of Ithaca Conservation Advisory Council; and WHEREAS, the adoption of the Parks and Recreation Master Plan as part of Phase II of the Comprehensive Plan is a Type I action, and the Common Council, as lead agency, has completed environmental review and determined that the action will not have a significant impact on the environment; now, therefore be it June 6, 2018 22 RESOLVED, That Common Council hereby adopts the Parks and Recreation Master Plan, dated April 2018 as amended at the May 9, 2018 Planning & Economic Development Committee meeting, as part of Phase II of the Comprehensive Plan; and, be it further RESOLVED, That this Comprehensive Plan shall serve as a guide for future decisions made by Common Council, City boards and commissions, and City staff; and, be it further RESOLVED, That Common Council shall establish regular reviews and updates of the Comprehensive Plan every five years. Alderperson Murtagh explained that the version of Parks and Recreation Master Plan being considered has been amended to change the term “underutilized parkland” to “underperforming parkland” and recommends that all city parks be reviewed and analyzed systematically according to established criteria, in keeping with the vision for the parks system. Language has been deleted from the Plan that recommended the alienation of smaller neighborhood parks for substitute parkland, and the classification of Strawberry Fields as a “school park” or “teaching preserve”. Alderperson Mohlenhoff thanked Alderperson Fleming and the staff who were very responsive to the concerns that were raised in the community. She commented that this action forced Council and the public to take a good look at these smaller parks and green spaces and noted that the “Adopt- a - Park concept” could include the surrounding neighbors in protecting these important assets. Alderperson Nguyen echoed those sentiments, stating that he visited all of the parks. He noted that many of the parks are in need of identification signage. Alderperson Fleming thanked Senior Planner Megan Wilson for all of her work on the Plan and for her patience in answering many questions and providing information. Mayor Myrick noted that this Plan is a testament to how much the Planning Department cares about the city’s parks and green spaces. Alderperson Gearhart stated that he is happy that the City is working to build a better way to evaluate what our parks mean to the residents. He noted that the ability to alienate parks has not been eliminated if a future strategy calls for it. Alderperson Kerslick thanked Robert Thorne for his comments regarding the lack of resources/facilities on East Hill. Alderperson Brock highlighted the challenges of funding the maintenance of these resources, noting that there have been many requests throughout the years for park improvements including signage, tables, benches, etc. Alderperson Nguyen asked how to begin a parks partnership with the Tompkins County. Senior Planner Wilson responded that park maintenance funding is the number one challenge the City faces. She noted that the City needs to establish a base level of required maintenance. Current collaborations with the Town and County are mainly focused on the waterfront parks and the Cayuga Waterfront Trail. She believes that a joint governance structure and funding levels should be developed and this could also provide a framework to work with the various “Friends of” groups. This model could also be utilized for the smaller neighborhood park costs. She further reported that a capital project request has been submitted to fund Phase 2 of the parks study. The Parks, Recreation, and Natural Resources Commission will discuss next steps at their upcoming meeting. A vote on the Resolution resulted as follows: Carried Unanimously June 6, 2018 23 10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning,” Section 325-9 entitled “Standards for Special Conditions and Special Permits” A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Nguyen 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; 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 adoption of the zoning amendment to authorize the Planning and Development Board to approve the granting of Special Permits. Carried Unanimously B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS, the City of Ithaca is considering a proposal to authorize the Planning and Development Board to approve the granting of special permits where currently the Board of Zoning Appeals has this authority; and WHEREAS, review of Special Permit requests by the Board of Zoning Appeals considers additional regulations and conditions which apply to certain land uses and activities which are incongruous or sufficiently unique in terms of their nature, location and effect on the surrounding environment and the quality of the community to warrant evaluation of each individual case; and WHEREAS, the Planning and Development Board, when reviewing site plans, uses much the same criteria as is used by the Board of Zoning Appeals to evaluate special permits, such as potential impacts a project may have on the immediate neighbors, the neighborhood, and the greater community; and WHEREAS, the Planning and Development Board may be the more appropriate body to review applications for special permits since the review criteria is very similar to the site plan and environmental review criteria; and WHEREAS, this zoning amendment has been reviewed by the Tompkins County Planning Department Pursuant to §239-l–m of the New York State General Municipal Law, the City of Ithaca Planning and Development Board, and the City of Ithaca Board of Zoning Appeals; and WHEREAS, the proposed action is an “Unlisted Action” under the City Environmental Quality Review Ordinance; and WHEREAS, appropriate environmental review has been conducted for this action including the preparation of a Short Environmental Assessment Form (SEAF); and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the SEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the findings and conclusions more fully set forth on the Short Environmental Assessment Form for the action authorizing the Planning and Development Board to approve the granting of Special Permits; and, be it further June 6, 2018 24 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. Adoption of Ordinance An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning,” Section 325-9 entitled “Standards for Special Conditions and Special Permits” By Alderperson Murtagh: Seconded by Alderperson Kerslick ORDINANCE 2018 - __ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325-9 of the City of Ithaca Municipal Code is hereby amended to read as follows: Section 1: §325-9 Standards for special conditions and special permits. A. Intent. The intent of this section is to set forth additional regulations and conditions which shall apply to certain land uses and activities which are incongruous or sufficiently unique in terms of their nature, location and effect on the surrounding environment and the quality of the community to warrant special evaluation of each individual case. B. Special conditions. The Director of Planning and Development or designee shall approve the following uses only when the special conditions specified in this subsection have been met: (1) Development in R-3 Districts which abut R-1 Districts. The development of any permitted use in the R-3a or R-3b Zoning Districts, except a one-family dwelling or a two-family dwelling, shall be subject to the following special conditions if the land on which the development occurs directly abuts land in either the R-1a or R-1b Zoning District. (a) Minimum lot size (area in square feet): The required area in square feet needed to satisfy the minimum lot size requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District. (b) Maximum building height: The maximum building height requirement shall be the same as the requirement on the abutting R-1a of R-1b District. (c) Maximum percent of lot coverage by buildings: The maximum percent of lot coverage by buildings shall be 75% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District. (d) Yard dimensions, side or rear yards: The minimum required side or rear yard requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District if the side or rear yard abuts land in the R-1a or R-1b District. C. Special permits. (1) Applicability. The uses listed under the district regulations in §325-8 which require a special permit from the Planning and Development Board [Board of Appeals] are as follows: (a) Cemeteries in all districts. June 6, 2018 25 (b) Public utility facilities in all residential districts. (c) Private schools in all residential districts. (d) Nursery schools or child day-care centers in R-2 and R-U Districts. (e) Neighborhood retail or service commercial facilities in R-2 and R-3 Districts. (f) Hospitals or sanatoriums in R-3 Districts. (g) In P-1 Districts, within 200 feet of adjoining residential districts, any use other than public recreation, classrooms or living accommodations. In such P-1 Districts, living accommodations within 200 feet of adjoining residential districts shall conform to the use and area regulations applying to the strictest of such adjoining residential districts. (h) Signs in all districts, as provided in the Sign Ordinance. (i) Home occupations in all Residential Zoning Districts require a temporary special permit unless the home occupation meets all the following criteria: [1] The occupation does not carry a stock of merchandise or store materials for resale or use in the occupation, except a reasonable supply of office supplies customarily incidental to a small office. [2] The occupation does not create traffic or need for parking beyond that which is customarily incidental to the residential use of the property. Factors that are not to be considered incidental to residential use are regularly scheduled events such as deliveries, client or customer visits or similar events. [3] The occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence (including vehicles with signage parked outside of the buildings) except a nameplate as permitted by Municipal Code Chapter 272, Signs. [4] The occupation does not create any noise, vibration, smoke, dust or objectionable effects not customarily incidental and accessory to the residential use of the property. (j) In any district, towers or structures for the transmission or receipt of radio or other electronic communications signals, except towers or structures subject to Article V-A of this chapter, entitled "Telecommunications Facilities and Services," unless: [1] The towers or structures are antennas or satellite dishes with a maximum dimension of six feet or less; [2] Such antennas or satellite dishes are not in a front yard; [3] The maximum height (top to bottom) of such antenna or satellite dish, when combined with attached mounting supports, is 10 feet or less; and [4] Such antennas or satellite dishes, if they are to be located where they would ordinarily be visible from a public way adjoining the property, are subject to the following conditions: [a] If in a residential zone or on a lot abutting or across a street or waterway from a residential zone, they shall be screened from such view. [b] In all other locations, they shall be screened from such view or be of a color and/or in a location that will minimize their visual impact. June 6, 2018 26 (k) Towers or structures intended for use in the generation of electricity for the premises on which such tower is located in any district. (l) Community or neighborhood gardens in all districts. (m) (Reserved) (n) Group adult day-care facilities in R-2 Districts. (o) Any use not permitted as of right in the I-1 Zoning District. (p) Redemption centers in B-2 Districts. (q) Bed-and-breakfast homes and bed-and-breakfast inns. (r) Neighborhood parking in any district where such parking is permitted. (2) Required plan. (a) A plan for the proposed development of a site shall be submitted with an application for a special permit. The plan shall generally conform to the requirements for presentation of plans set forth in Ch. 290, Subdivision of Land. It shall show parking areas, traffic areas, landscaping, building arrangement, the height and number of stories of the buildings, topography and other pertinent information that may be required by the Board of Appeals. (b) In addition to the plan requirements set forth in Subsection C(2)(a) above, an applicant for a special permit for a school or related use must provide the following information: [1] Information on the nature of the proposed uses to be conducted or facilities to be located on the premises, including but not limited to the courses of study and subjects to be offered, the size and composition of the student body to be accommodated, the size of the faculty and staff required, the daily hours of operation and annual periods of operation and the type and location of support facilities required. [2] Information concerning the type and number of living accommodations which may be required to serve any increase in the institution's enrollment resulting from the proposed action, including the location and availability of those accommodations. [3] Documentation of the evaluation of suitable alternative sites for the proposed activity, together with reasoning supporting its preference for the site for which a special permit is sought. [4] Detailed information on the occupant load, night operation and the use of chemical, biological or radioactive agents expected in connection with the proposed activity. (3) Standards applicable to all uses requiring special permits. No special permit shall be [recommended] granted by the Planning and Development Board [or granted by the Board of Appeals] unless the proposed use or activity meets the following requirements: (a) The location and size of the use, the size of the site in relation to it and the location of the site with respect to the existing or future streets giving access to it shall be such that it will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof. (b) Operations in connection with any special use shall not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking June 6, 2018 27 demand, vibration or flashing lights than would be the operations of any use permitted without a special permit. (4) Specific standards applicable to certain uses requiring special permits. Certain uses listed in the district regulations in § 325-8 as requiring a special permit must conform to the applicable conditions set forth in this subsection. (a) Neighborhood retail or service commercial facilities in R-2 and R-3 Districts: [1] The applicant must furnish information as to the specific goods or services offered and the nature, size and hours of operation of the facility proposed in sufficient detail to enable the Planning and Development Board [Board of Appeals] to determine whether the use conforms to the limitations specified in the definition of this category. (See § 325-3.) [2] The response of those notified by the applicant [appellant] as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the special permit. (b) Towers or structures for the transmission or receipt of electronic communications signals in connection with any commercial or business enterprise in any zone except towers or structures subject to Article V-A of this chapter, entitled "Telecommunications Facilities and Services:" [1] Applicants must furnish information on the nature of the business requiring such means of communication, including reasons why such tower or structure must be located on the premises in question. [2] Applicants shall furnish the [Board of Zoning Appeals] Planning and Development Board with scale drawings of the proposal, including, as a minimum, a plot plan of the premises involved showing lot lines and the accurate locations of all buildings or structures on the premises and on each adjacent lot, as well as the locations of the proposed tower and all guy wires, poles or anchors, and a sketch elevation of the premises accurately depicting the proposed tower and its relationship to structures on the premises and to the nearest structures on adjacent lots. [3] Applicants shall provide sufficient information, including manufacturer's specifications or engineering data, to assure the Board that the proposed tower or structure will not unnecessarily obstruct the view from neighboring properties, that the tower support system meets manufacturer's specifications or engineering requirements and that the tower and its supports will be adequately safeguarded against structural damage by persons or vehicles and against unauthorized climbing. [4] The response of those notified by the applicant [appellant] as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Board's decision to grant the special permit. (c) Towers or structures for use in the generation of electricity for use on the premises where such tower or structure is located in any district: [1] Same as Subsection C(4)(b)[2] for radio towers above. [2] Same as Subsection C(4)(b)[3] for radio towers above. [3] Applicants shall furnish the Planning and Development Board with sufficient information, including manufacturer's specifications or engineering data, on the mechanical devices and the materials in the generating structure to indicate that excessive or annoying noise will not be produced during prolonged operation of the generating machinery and that failure of moving parts during operations will not present a safety hazard to adjoining properties due to flying debris. [4] Same as Subsection C(4)(b)[4] for radio towers. June 6, 2018 28 (d) Specific standards applicable to schools and related buildings in all residential districts [R-1 (R-1a and R-1b), R-2 (R-2a, R-2b and R-2c), R-3 (R-3a and R-3b) and R- U]. Notwithstanding the criteria set forth in Subsection C(3) above, which criteria shall not apply hereto, no special permit shall be granted by the Planning and Development Board [Board of Appeals] unless the proposed use or activity meets the following requirements: [1] If the proposed use is the expansion of an educational use, then the applicant must show a need to expand into the residential area rather than into a less-restrictive area. No special permit shall be granted by the Planning and Development Board [Board of Appeals] unless the applicant can demonstrate that there is no reasonable alternative to location or expansion on the site proposed. [2] The location and size of the use, the size of the site in relation to it, the operations in connection with the use and the parking and traffic related to the operations shall not be such as to create a significant hazard to the safety or general welfare of the surrounding area. [3] The proposed use or operation shall not produce or present substantial danger of excessive noise, noxious odors, noxious or harmful discharge, fire or explosion, radiation, chemical or toxic release or other conditions injurious to the health or general welfare of occupants of nearby properties. [4] The size and use of the facility or the concentration with similar facilities in the neighborhood shall not be so substantially out of proportion to the character of the neighborhood as to jeopardize the continued use of the neighborhood for residential purposes. (e) Community or neighborhood gardens in all districts: [1] Applicants shall provide evidence of approval for such use from the owner of the property on which the gardens are to be located. [2] Applications shall provide evidence that the area to be used will at all times be operated in a responsible manner so as not to present a nuisance to or interfere with the use and enjoyment of neighboring private or public property. Such evidence shall designate at least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization or the owner of the subject property, to administer or coordinate the operation and to act as a contact person therefor. [3] Applications shall be submitted in writing to the Department of Planning, [Building] and Development and shall include: [a] The name, address and phone number(s) of the contact person. [b] A description of the refuse disposal procedure to be followed and of the intended use of organic materials, chemical fertilizers, herbicides and pesticides. [c] A site plan showing the proposed locations of all features of the site, including access point(s) and any of the required parking spaces that may be located on adjacent property. [4] Applicants, or the administrator/coordinator of the garden area, shall ensure the following: [a] That the gardening activity on individual plots is confined to the hours of 7:00 a.m. to 10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after 8:00 p.m. [b] All organic refuse and trash from the gardening operations is promptly and properly disposed of on at least a weekly basis and that, pending disposition, it is stored June 6, 2018 29 neatly in such a way that it does not produce offensive odors or attract dogs, raccoons or vermin. [c] That power or motorized machinery used in preparing and maintaining individual plots is no larger than that normally used in connection with home gardening, e.g., a typical walk-behind rototiller. [d] That farm tractors or other heavy machinery is not employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary; and in those instances it shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays. [e] That mulch, compost or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner and that no fresh manure shall be used or composted. [f] That noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household. [g] That no flammable liquids will be stored on the site. [h] That noise and odors produced in connection with the gardening activity will be no greater than those normally associated with home gardening. [i] That City residents of the area nearest the site will be given an opportunity to obtain plots in the allocation of plots on a first priority basis. [j] Other City residents will be given an opportunity to obtain plots in the allocation of plots on a second priority basis. [k] That unused portions of the site will be maintained in a neat and orderly manner at all times. [l] That, at the end of each gardening season or within 30 days of revocation of a permit, whichever occurs first, the entire site will be cleaned and left with a neat appearance. [5] In addition, the applicable portions of § 325-15A and C shall be observed. [6] In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel and may be located on property unsuited for other uses permitted under this chapter, the district regulations specified for permitted uses under § 325-8 of this chapter shall be superseded, where applicable, by the following regulations for community or neighborhood gardens: [a] Minimum lot size: none. [b] Width in feet at the street line: none required; however, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right-of-way of at least eight feet in width. [c] Structures permitted: No structures for human habitation or occupancy shall be permitted except for a weather shelter for gardeners, which may have a maximum floor area of 64 square feet. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 square feet, may be erected separately or attached to the weather shelter. If necessary, a well-housing structure for the production of water for garden use may be erected with permission of the owner of the site. June 6, 2018 30 [d] Parking and loading space: At least one off-street space on or immediately adjacent to the site shall be provided for the use of the gardeners for each 15 individual garden plots on the site or portion thereof. [e] Yard setbacks shall not be required, except that the provisions of §§ 325-17B and C and 325-25 of this chapter shall apply to any plantings, fences or accessory structures on the site. [7] The response of those notified by the applicant [appellant] as required in the procedures set forth in § 325-40, together with any other written comment received by the Planning and Development Board before the hearing, as well as that comment expressed at the public hearing, with primary consideration given the wishes of residents living within 200 feet of the property, should be a principal factor in the Planning and Development Board's decision to grant or deny the special permit. [8] In granting a special permit for community or neighborhood gardens, the Planning and Development Board may prescribe any conditions that it deems necessary or desirable, including but not limited to additional off-street parking spaces, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done. [9] Special permits for neighborhood and community gardens shall be reviewed by the Director of Planning and Development or designee at least annually for compliance with this section and with any conditions established by the Planning and Development Board. If, following such review or investigation of any complaint, the Director of Planning and Development or designee determines that a substantial violation exists, notice of such violation shall be mailed to the contact person designated in accordance with Subsection C(4)(e)[2] above, requiring that such violation be corrected within 15 days. If satisfactory correction is not made, the permit may be revoked by the Director of Planning and Development or designee. Appeals to such revocation shall be made to the Planning and Development Board as provided in § 325-41 of this chapter. [10] Special permits for neighborhood and community gardens shall be revoked automatically if the site is not used as a community or neighborhood garden, as that term is defined in § 325-3, for one complete garden season. (f) Group adult day-care facilities in R-2 Districts: Applicants shall furnish information sufficient to describe the scope of the proposed activity, including the size of the building, the number of clientele, the operating hours, off-street parking availability, the number of employees and the proximity to other group adult day-care facilities in the neighborhood. Prior to granting any special permit for such use, the Planning and Development Board [Board of Zoning Appeals] must find that the activity is compatible with the character and quality of the neighborhood in which it is to be located. (g) Bed-and-breakfast homes and bed-and-breakfast inns: [1] The Planning and Development Board [Board of Zoning Appeals] shall only grant a special permit for a bed-and-breakfast home or a bed-and-breakfast inn (in those districts allowing such uses) if the following special conditions are met and adhered to during the period the bed-and-breakfast use is in operation: [a] Each such use before it commences must obtain a certificate of occupancy from the Director of Planning and Development or designee. [b] A bed-and-breakfast home must be owner-occupied and owner-managed. A bed- and-breakfast inn must be owner-managed. [i] An owner-occupant is an individual who owns at least a 1/2 interest in the real estate on which the bed-and-breakfast home is located and also owns at least a 1/2 interest in the business of running the bed-and-breakfast home and who primarily resides in and lives in the bed-and-breakfast home for at least 80% of the days (in each June 6, 2018 31 calendar year) when the bed-and-breakfast home is open for business as a bed-and- breakfast home. [ii] An owner-manager is an individual who owns at least a 1/2 ownership interest in the real estate on which the bed-and-breakfast home or bed-and-breakfast inn is located and also owns at least a 1/2 interest in the business of the bed-and-breakfast home or bed-and-breakfast inn and who is primarily responsible for the management of the bed-and-breakfast home or bed-and-breakfast inn and is physically present in the bed-and-breakfast home or bed-and breakfast inn at least once per day for 80% of the days (in each calendar year) when the bed-and-breakfast home or bed-and-breakfast inn is open for business. [c] Bed-and-breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast operations shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business, except the one permitted sign as indicated below and required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application. [d] Drawings illustrating any major proposed interior modifications (excluding plumbing, wiring or other utility work) directly related to establishing or continuing the bed-and-breakfast use must be submitted with the special permit application. Examples of major interior modifications are the removal, replacement or installation of staircases or partitioning walls. [e] No cooking facilities are permitted in the individual guest rooms. [f] Food service shall only be provided to guests taking lodging in the bed-and- breakfast home or inn. [g] In R-2 Zones, no bed-and-breakfast home may be located on a lot closer than 500 feet to any other lot containing a bed-and-breakfast home, with only one such establishment permitted per block face. [h] There shall be no more than one sign. Such sign shall not be self-illuminated and shall not exceed five square feet in area. Additional requirements described in Chapter 272, entitled "Signs," of this Code shall be met. [2] The response of those notified by the appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal factor in the Planning and Development Board's decision to grant or deny the special permit. [3] A special permit granted for a bed-and-breakfast home located in an R-2 Zone shall expire after a period of five years. All the requirements pertaining to the application for and granting of a first-time special permit for a bed-and-breakfast home shall also apply to the application for and granting of a renewed special permit for a bed-and- breakfast home located in an R-2 Zone, including the notification procedures set forth in § 325-40 and the expiration of such renewed special permit after five years. (h) Temporary special permits for home occupations. [1] Spaces in which home occupations are conducted must comply with the New York State Uniform Fire Prevention and Building Code. [2] A home occupation temporary special permit shall be issued for a three-year period. [3] The response of those notified by the appellant as required in the procedures set forth in § 325-40, as well as that expressed at the public hearing, should be a principal June 6, 2018 32 factor in the Planning and Development Board's decision to grant the temporary home occupation special permit. [4] Renewals. The renewal of temporary home occupation special permits for additional three-year periods shall be granted by the Director of Planning and Development or designee following inspection of the premises by the Department of Planning[, Building] and Development, submission of a renewal application form issued by the Department of Planning[, Building] and Development and an affidavit stating that the conditions as originally set forth to the Planning and Development Board [Board of Zoning Appeals] have not changed in any way. It is the responsibility of permit holders to renew their temporary special permits. The Director of Planning and Development or designee shall determine that the premises still meet the standards of the New York State Uniform Fire Prevention and Building Code and that the original qualifying conditions still exist. The Director of Planning and Development or designee is authorized to charge a fee of $30 for each renewal inspection conducted. [5] Revocation. The Director of Planning and Development or designee [Building Commissioner] shall revoke any special permit issued hereunder, should the applicant or the applicant's tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit. [6] Periodic review. The Department of Planning[, Building] and Development shall review the effects of this section at least every five years to determine the long-term effect on the residential character of the neighborhoods. [(i) Parking in the Waterfront Zone. Parking areas will be permitted as a primary use in the Waterfront Zone WF-1 and WF-2 districts by special permit and only if they are open to the public or if they are intended to serve the needs of multiple businesses.] (5) In the I-1 Zone and the Cherry Street District, uses other than those permitted under § 325-8 may be permitted by special permit upon a finding by the [Board of Zoning Appeals] Planning and Development Board and concurrence by the Common Council that such use shall have no negative impact by reason of noise, fumes, odors, vibration, noxious or toxic releases or other conditions injurious to the health or general welfare. D. The Planning and Development Board shall deny a special permit in all instances where it finds that a proposed use would have a significant negative impact on traffic, congestion, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community. The granting of a special permit may be conditioned on the effect the use would have on traffic, congestion, property values, municipal services or the general plan for the development of the community. The applicant may be required by the Planning and Development Board to submit plans for the site and for parking facilities and to disclose other features of the applicant's proposed use so as to afford the Planning and Development Board an opportunity to weigh the proposed use in relation to neighboring land uses and to cushion any adverse effects by imposing conditions designed to mitigate them. If the Planning and Development Board finds that the adverse effects cannot be sufficiently mitigated, then the Planning and Development Board shall deny the special permit. Section 2. Severability clause. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. June 6, 2018 33 Alderperson Murtagh explained that this Ordinance changes the responsibility of issuing Special Permits from the Board of Zoning Appeals to the Planning Board. The Board of Zoning Appeals supports the change. A vote on the Ordinance resulted as follows: Carried Unanimously 10.3 Local Landmark Designation of the Former No. 9 Fire Station at 311 College Avenue – Resolution By Alderperson Murtagh: Seconded by Alderperson Kerslick WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of identified structures or resources as individual landmarks and historic districts within the city; and WHEREAS, on February 13, 2018, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the Former No. 9 Fire Station at 311 College Avenue as a local landmark; and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review; and WHEREAS, the ILPC found that the proposal meets criteria 1, 2, 4 and 5 defining a “Local Landmark,” under Section 228-3B of the Municipal Code and on February 13, 2018, voted to recommend the designation of the Former No. 9 Fire Station at 311 College Avenue; this recommendation was amended and affirmed at the Commission’s regular meeting on March 13, 2018; and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning Board filed a report with Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved; and WHEREAS, the Planning Board's report and recommendation for approval of the designation, adopted by resolution at the meeting held on February 27, 2018, has been reviewed by the Common Council; and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; and WHEREAS, the ILPC’s recommendation was reviewed by the Planning and Economic Development Committee (PEDC) of Common Council at their regular March 14, 2018 meeting, and after careful consideration, the PEDC referred the proposed designation back to the ILPC for modification, citing concerns about the architectural integrity of the original 1894-95 fire station and its ability to reflect its historic significance; and WHEREAS, the ILPC reviewed the PEDC’s referral at their regularly scheduled meeting on April 10, 2018 and conducted a properly noticed special site visit on April 24, 2018 to evaluate the architectural integrity of the 1894-95 portion of the fire station; and WHEREAS, a public hearing for the purpose of considering modifying the ILPC’s recommendation to designate the Former No. 9 Fire Station at 311 College Avenue was conducted at the regularly scheduled ILPC meeting on May 8, 2018; and WHEREAS, in a resolution dated May 8, 2018, the ILPC modified its recommendation to designate the Former No. 9 Fire Station at 311 College Avenue to reflect the following classification of the resource: the 1894-95 wood-frame portion is a non- contributing resource; and the 1907-08 brick and stucco-clad portion is the contributing resource; now, therefore be June 6, 2018 34 RESOLVED, That Common Council finds that the proposed designation, as modified by the ILPC on May 8, 2018, is compatible with and will not conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; and, be it further RESOLVED, That the Former No. 9 Fire Station at 311 College Avenue, meets criteria for local designation, as set forth in the Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. is identified with historically significant person(s) or event(s); or 4. is the work of a designer whose work has significantly influenced and age; or 5. represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics, and be it further ; and, be it further RESOLVED, That Common Council approves the designation, as modified by the ILPC on May 8, 2018, of the Former No. 9 Fire Station at 311 College Avenue, identified as tax parcel #64.-10-18, as a local landmark. Alderperson Lewis thanked everyone who shared their comments on this issue both in favor and in opposition. She noted that this is a very difficult decision with considerable implications; however, she views culture as separate from the building that is being considered for historic designation. She stated that the building holds historic value as it contributed to the growth and value of East Hill, and the architects were of note. She stated that she would vote in favor of the historic designation. Alderperson Kerslick expressed his thanks for the level of input received and highlighted the difficulty of the decision. He stated that it is important to have a balance between new development and a location’s history, noting that The Nines is an important part of Collegetown. He commented that there are options available to developers that recognize the balance of honoring history, and stated that he believes the building is worth supporting for historic designation. He reiterated that the building could still be developed but it would require more effort and thinking. Alderperson Brock thanked everyone for their contributions. She stated that she is not opposed to historic designation; however, she has an issue with how this proposal came forward. She clarified that Common Council’s responsibility is to respond to an action by the Ithaca Landmarks Preservation Commission (ILPC). The ILPC initiated the process of historic designation, not Common Council. Alderperson McGonigal noted that this is one of the most difficult decisions he’s made while serving on Common Council. He commented on how impressive it was to have so many people come out to support the owners of The Nines and he thanked them for their service to the community. He stated that the culture of The Nines is part of its history, noting that it is the coolest building in Collegetown and visually represents it. He stated that the building is a valuable part of the community as it is the only place sized for live music in Collegetown. Alderperson Murtagh commented that this is the third historic designation that Common Council has considered in the past few months and while he supports historic preservation and the ILPC, he is not as passionate about this building. Alderperson Gearhart thanked everyone who came out to speak, along with the members of the Ithaca Landmarks Preservation Commission and city staff. He stated that this is a difficult decision and that he is troubled with the way this came about. He June 6, 2018 35 further noted that the only people who lose in this situation are the owners, and he is leaning toward voting against the historic designation. Alderperson Mohlenhoff thanked city staff and the volunteers of the ILPC, noting the expertise, diligence, patience, and levels of respect that have been exercised throughout the process. She stated that Common Council’s role is to consider the greater good, and shared her decision making process. Alderperson Smith stated that the community good doesn’t seem to outweigh the pain that that this decision would cause. He noted that the designation would not be a celebration; it would simply halt any initiative to redevelop the property. Alderperson McGonigal noted that many of the properties in Collegetown are worth more after they are torn down then they are left standing. Motion to Extend the Meeting: By Alderperson Nguyen: Seconded by Alderperson Kerslick RESOLVED, That the meeting be extended to 11:30 pm Carried Unanimously Historic Preservation Planner McCracken explained the process that was followed leading to the recommendation of historic designation for this property. Alderperson Nguyen noted his conflicting thoughts stating that the building meets the criteria for historic designation; however, he feels it would be more valuable as a housing development. He stated that he was leaning toward historic designation. A vote on the Resolution resulted as follows: Ayes (5) Kerslick, McGonigal, Nguyen, Murtagh, Lewis Nays (5) Brock, Gearhart, Fleming, Smith, Mohlenhoff Mayor Myrick voted Nay breaking the tie. Failed 10.4 Adoption of the City of Ithaca 2018 Housing and Urban Development (HUD) Draft Action Plan Dated April 26, 2018, for Allocation of the City’s 2018 HUD Entitlement Program Award - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program funding sources; and WHERAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City’s HUD Entitlement program in compliance with all applicable regulations; and WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD Entitlement program funding allocated to the City; and WHEREAS, the 2018 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2018 HUD Entitlement program allocation and associated funds administered by the IURA; and WHEREAS, funding available to be allocated through the 2018 Action Plan funding process is anticipated to include the following: $ 634,000.00 CDBG 2018 allocation $ 160,000.00 CDBG 2018 projected program income $ 38,760.72 CDBG recaptured/unallocated funds $ 261,000.00 HOME 2018 allocation $ 133,793.78 HOME recaptured/unallocated funds June 6, 2018 36 $ 100,000.00 Urban Development Action Grant (UDAG) Misc. Revenues $1,327,554.50 Total ; and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2018 Action Plan in accordance with the City of Ithaca Citizen Participation Plan; and WHEREAS, at its April 26, 2018 meeting, the IURA adopted a draft 2018 Action Plan; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby adopts the attached draft action plan dated April 26, 2018, for allocation of the City’s 2018 HUD Entitlement Program award along with associated funds listed above; and, be it further RESOLVED, That if the actual amount of CDBG funds received is more than the anticipated amount, any additional funding shall be allocated to the Economic Development Loan activity for loans that create employment opportunities for low-and moderate-income persons; and, be it further RESOLVED, That if the actual amount of HOME funds received is more than the anticipated amount, any additional funding shall be allocated to the Community Housing Development Organization (CHDO) set-aside reserve activity for affordable housing projects; and, be it further RESOLVED, That should the actual amount of CDBG and/or HOME funds received be less than the anticipated amount, the IURA will develop recommended revisions to the draft Action Plan for consideration by the Common Council; and, be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2018 Action Plan. Carried Unanimously INDIVIDUAL MEMBER – FILED RESOLUTIONS: 13.1 Alderperson Fleming – 2018 Gorge Safety Funding - Resolution By Alderperson Fleming: Seconded by Alderperson Lewis WHEREAS, as part of the 2018 Authorized City Budget, Common Council placed $15,000 in Restricted Contingency for the purpose of funding a 2018 gorge safety program; and WHEREAS, a Gorge Safety Task Force held a series of meetings in 2016 and 2017 to develop recommendations for promoting safety in the gorges; and WHEREAS, among these recommendations was for the City Forester to install signs designating No Trespass zones in the gorge natural areas and for the gorge rangers to be authorized to issue parking tickets; and WHEREAS, the Town of Ithaca set aside $7,500 in their 2018 budget to fund gorge safety efforts; and WHEREAS, for 2018 it is recommended to hire a 3-month seasonal Community Service Officer (CSO) who will work evenings and weekends to write parking tickets in no parking areas near the gorges in both the City and the Town of Ithaca; and WHEREAS, it is recommended to install signage clearly indicating where parking is allowed near the natural areas and where it is prohibited, and to install additional no trespass signage as needed; now, therefore be it RESOLVED, That Common Council hereby transfers an amount not to exceed $15,000 from account A1990 Restricted Contingency to account A5651-5120 Parking Systems Hourly P/T for the purpose of funding the Gorge Safety Program. June 6, 2018 37 Alderperson Brock asked why the Resolution did not go through the Committee process. City Clerk Conley Holcomb explained that there was not enough time to go through the committee process and still have someone hired and trained in time for the summer season. She explained that the signs intended to restrict access to the most dangerous or ecologically sensitive areas in both Six Mile Creek and Fall Creek natural areas have already been installed but access to these funds may be needed to supplement those efforts. The Community Service Officer will work evening an d weekend hours and will only be issuing parking tickets, and towing vehicles if needed, primarily around the natural areas. The City will be coordinating efforts with the Town of Ithaca so that this person could also issue parking tickets in the Town when needed. Questions followed on the floor regarding the funding levels contributed by the Town of Ithaca and Tompkins County. A vote on the Resolution resulted as follows: Carried Unanimously 13.2 Alderperson Nguyen - Authorization for the Re-Opening of the Commons Playground - Resolution WHEREAS, the Commons playground has been closed for a number of months due to the ongoing construction of the Harold Square development site; and WHEREAS, the Commons playground is a valued public asset, creating a social meeting place for parents of young children in the core of our community; and WHEREAS, the playground also creates tremendous economic value throughout downtown, drawing families downtown to dine and shop, including at child-themed businesses in close proximity to the playground; and WHEREAS, building regulations require that an overhead protection zone be established in the area that is most likely to be impacted in the unlikely event that an object is dropped during active construction from activities overhead; and WHEREAS, that overhead protection zone includes none of the main playground structure, and only a small portion of the west edge of the playground, approximately ending at the silver sphere; and WHEREAS, Consumer Product Safety Commission guidelines 5.3.9-10 in the Public Playground Safety Handbook recommend, but do not require, an access zone around playground equipment, which zone (as applied to the main playground structure) may overlap with the overhead protection zone by a small amount, and may therefore, in the discretion of staff, be kept open to the public, which decision would require the installation of a single piece of staging to provide overhead protection in this small area; and WHEREAS, the majority of the construction process of the Harold Square development should pose no risk of harm to children playing on the adjacent playground, outside the code-specified overhead-protection zone, examples of such portions of the process including working in the ground, working on the rear tower section and not on the front, or working within the interior of the building while the façade is mostly enclosed; now, therefore be it RESOLVED, That the Superintendent of Public Works, the Director of Planning, the Director of Engineering, and the Director of Code Enforcement, are hereby directed to take all necessary actions—including revocation or amendment of permits necessary to the same—to effectuate no later than June 15, 2018 the reopening of, at a minimum, that portion of the playground not encompassed by the required overhead protection zone, subject to the remainder of this Resolution and not inconsistent with legal or regulatory requirements; and, be it further June 6, 2018 38 RESOLVED, That the entire playground may be or remain closed by the developer or its contractors or agents, pursuant to appropriate permitting, only on such day(s) as one of or more of the following types of work is being actively performed on each such day. 1. Erection of the structural frame on the Commons façade. 2. Substantial exterior work to close in the Commons façade. 3. Substantial exterior work to install finishes on the Commons façade. ; and, be it further RESOLVED, That for purposes of this resolution, substantial exterior work shall be defined as work performed from the exterior of the building involving personnel or material lifts with a minimum duration of four hours during any one work day; and, be it further RESOLVED, That such days of closure shall not include any weekends or holidays unless the scheduling of said work on a weekend or holiday is, in addition to satisfying the above criteria, approved by the Director of Code Enforcement as reasonably necessary to progressing the development of the Harold Square project site. Alderperson Nguyen stated that he is recommending that this issue be referred to the Planning and Economic Development Committee for further discussion. He noted that he has received many inquiries from members of the public and there is a lot of interest in re-opening the playground when it is safe to do so. He further commented that everyone agrees that safety is the primary concern. Alderperson Murtagh noted that this initiative put staff in a difficult situation and he would like time to further explore all of options that may be available. Motion to Refer to Committee: By Alderperson Nguyen: Seconded by Alderperson Brock RESOLVED, That this Item be referred to the Planning and Economic Development Committee for further discussion. Carried Unanimously Motion to Extend the Meeting By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That the meeting be extended until 11:30 p.m. Carried Unanimously 13.3 Alderperson Brock - Resolution Supporting Tompkins County's Proclamation that June 2018 be LGBTQIA+ Pride Month By Alderperson Brock: Seconded by Alderperson Lewis WHEREAS the City of Ithaca believes in the civil rights and preservation of dignity for all residents of the City of Ithaca and beyond, regardless of their race, nationality, ethnicity, income, sex, sexual orientation, gender identity, abilities, age, political belief, language or religion; and WHEREAS the LGBTQIA+ community has endured a history of discrimination; and WHEREAS on June 5, 2018, Tompkins County Legislative Chair, Martha Robertson proclaimed June as LGBTQIA+ Pride Month; now, therefore, be it RESOLVED, That the City of Ithaca endorses the proclamation of June 2018 being LGBTQIA+ Pride Month made by the Tompkins County Chair Martha Robertson. Carried Unanimously MAYOR’S APPOINTMENTS: 14.1 Reappointments to Examining Board of Electricians By Alderperson Mohlenhoff: Seconded by Alderperson Smith RESOLVED, That Robert Sparks be reappointed to the Examining Board of Electricians with a term to expire December 31, 2019; and, be it further June 6, 2018 39 RESOLVED, That Thomas Blecher be reappointed to the Examining Board of Electricians with a term to expire December 31, 2020; and, be it further Reappointments to Workforce Diversity Advisory Committee RESOLVED, That Elizabeth Klohmann be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2018; and, be it further RESOLVED, That Sue Kittel be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2018; and, be it further RESOLVED, That Nancy K. Bereano be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2018; and, be it further RESOLVED, That Audrey Cooper be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2019; and, be it further RESOLVED, That Raymond Benjamin be reappointed to the Workforce Diversity Advisory Committee with a term to expire December 31, 2019. Carried Unanimously REPORT OF CITY CLERK: City Clerk Conley Holcomb reminded everyone that the July Common Council will be held on Thursday, July 5, 2018 at 6:00 p.m. due to the Independence Day holiday. MINUTES FROM PREVIOUS MEETINGS: Approval of the April 4, 2018 and May 2, 2018 Common Council Meeting Minutes; and the May 30, 2018 Special Common Council Meeting and May 30, 2018 Committee of the Whole Meeting Minutes – Resolution By Alderperson Nguyen: Seconded by Alderperson Brock RESOLVED, That the minutes of the April 4, 2018 and May 2, 2018 Common Council Meetings and the May 30, 2018 Special Common Council Meeting and May 30, 2018 Committee of the Whole Meeting be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 11:30 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor