HomeMy WebLinkAbout01-02-19 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, January 2,
2019, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
Superintendent of Public Works:
8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard
Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2019
Events – Resolution
City Administration Committee:
8.2 Finance/Controller- Designation of Official Newspaper- Resolution
8.3 Finance/Controller- Collateral to Secure Deposits - Resolution
8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution
8.5 Finance/Controller- Designation of Common Council Meetings - Resolution
8.6 Finance/Controller- Designation of Official Depositories - Resolution
8.7 Common Council - Approval of 2019 Travel Policy - Resolution
8.8 Department of Public Works (DPW ) - Amendment to Personnel Roster -
Resolution
8.9 Request to Release Funds from the 2019 Authorized Contingency Fund for the
Tompkins Center for History & Culture - Resolution
8.10 Request to Release Funds from the 2019 Authorized Contingency Fund for the
Mental Health Court Resource Coordinator - Resolution
8.11 Ithaca Fire Department (IFD) Award of Bid for Protective Jacket and Pants –
Resolution
Common Council Meeting Agenda
January 2, 2019
Page 2
8. CONSENT AGENDA ITEMS (Continued):
City Administration Committee:
8.12 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 181 Entitled
“Fire Prevention”, Section 9(E) entitled “Operating Permits for Certain Uses and
Materials; fees, to add a new subsection (14) entitled ”Administration and
Enforcement of State Parking Garage Code Standards” Section 181-18 entitled
“Condition Assessments of Parking Garages”.
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the
Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active
Firemen’s Relief Fund”
9.2 A Resolution Authorizing the Issuance of $12,077,400 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital
Improvements in and for Said City
9.3 A Resolution Authorizing the Issuance of an Additional $3,735,600 Bonds of the
City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of
Reconstruction of East State Street/MLK, Jr. Street Retaining Wall, in and for
said City
9.4 A Resolution Authorizing the Issuance of an Additional $225,000 Bonds of the
City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Roof
Replacement at the Stewart Park Pavilion, in and for Said City
9.5 A Resolution Authorizing the Issuance of an Additional $51,000 Bonds of the City
of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Construction of Traffic Calming Measures in and for Said City
9.6 A Resolution Authorizing the Issuance of an Additional $7,190,000 Bonds of the
City of Ithaca, Tompkins County, New York to Pay Part of the City’s Share of
Improvements at the Ithaca Area Wastewater Treatment Facility, in and for Said
City.
9.7 City Controller’s Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Local Landmark Designation of the Former Delaware, Lackawana & Western
Railroad Station at 701 West Seneca Street – Resolution
10.2 2019 Annual Common Council Concurrence that the City of Ithaca Planning and
Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency
Resolution
Common Council Meeting Agenda
January 2, 2019
Page 3
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Continued):
10.3 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning
Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3
A. Declaration of Lead Agency – Resolution
B. Declaration of Environmental Significance – Resolution
C. Adoption of Ordinance
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Re-appointments to the Commissions
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the December 5, 2018 Common Council Meeting Minutes –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
Out of consideration for the health of other individuals, please refrain from using
perfume/cologne and other scented personal care products at City of Ithaca meetings.
Thank you for your cooperation and understanding.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: December 27, 2018
8. CONSENT AGENDA ITEMS:
Superintendent of Public Works:
8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and
Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2019
Events – Resolution
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer,
and hard cider tasting and sales as part of their special events for 2019; now, therefore,
be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine,
beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths
during their special events between the dates of January 1 to December 31, 2019; and,
be it further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply
with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine and hard cider on
the Ithaca Commons; and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
8. CONSENT AGENDA ITEMS (Continued):
City Administration Committee:
8.2 Finance/Controller- Designation of Official Newspaper- Resolution
RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be
and is hereby designated as the official newspaper of the City of Ithaca for the year
2019.
8.3 Finance/Controller- Collateral to Secure Deposits - Resolution
RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan
Chase and M&T Bank as reported be approved as to form and sufficiency.
8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution
RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond,
which is on file in the Office of the City Clerk, be, and is hereby approved in all respects
for the year 2019.
Faithful Performance Blanket Bond Coverage by
Travelers Insurance Company $1,000,000
8.5 Finance/Controller- Designation of Common Council Meetings - Resolution
RESOLVED, That the regular meetings of the Common Council, for the year 2019, be
held at 6:00 p.m., on the first Wednesday of each month, in the Common Council
Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise
determined by Common Council.
8.6 Finance/Controller- Designation of Official Depositories - Resolution
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust
Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby
designated as the official depositories of all City Funds for the year 2019.
8.7 Common Council - Approval of 2019 Travel Policy - Resolution
WHEREAS, there is to be held during the coming official year a) the New York State
Conference of Mayors Annual Meeting and Training School; b) the New York State
Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and
other national and regional conferences as applicable; and
WHEREAS, it is determined by the Mayor and Common Council that attendance by
certain municipal officials and City employees at one or more of these meetings,
conferences or schools benefits the municipality; now, therefore be it
RESOLVED, That Common Council, the Mayor and City employees are hereby
authorized to attend said conferences or other applicable training events during 2019;
and, be it further
RESOLVED, That the cost for all events must be derived from existing 2019
Departmental Budgets with appropriate approvals obtained as applicable; and, be it
further
RESOLVED, That this resolution shall take effect immediately.
8.8 Department of Public Works (DPW) - Amendment to Personnel Roster -
Resolution
WHEREAS, the Department of Public Works, Streets and Facilities Division has
received funding for a new crew to perform additional road maintenance and repair work
including paving, road reconstruction, stormwater repairs, and snow removal; and
WHEREAS, additional supervisory capacity is needed to assist the Supervisor of
Streets to train new personnel and direct additional road-related maintenance and repair
activities; now, therefore be it
RESOLVED, That the Personnel Roster of the Department of Public Works be
amended as follows:
Add: One (1) Assistant Supervisor of Streets
; and, be it further
RESOLVED, That the position of Assistant Supervisor of Streets shall be assigned to
the CSEA DPW Unit Compensation Plan at salary grade 9; 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 Assistant Supervisor of Streets position shall be established at eight (8) hours per
day (forty (40) hours per week); and, be it further
RESOLVED, That the above changes shall be funded 67.5% from Account A5111-115
(Maintenance of Roads – Hourly Full-Time) and 32.5% from Account SD8141-115
(Storm Sewers – Hourly Full-Time).
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E., Superintendent
Telephone: 607/274-6531 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
TO: Common Council
FROM: Michael J. Thorne, P.E.
Superintendent of Public Works
DATE: December 12, 2018
RE: Assistant Supervisor of Streets Position for Department of Public Works
Dear Council Members,
As you are aware, the 2019 budget includes funding for seven (7) additional positions in the
Streets and Facilities division of the Department of Public Works to perform additional street and
stormwater maintenance and repair work. Currently, the highway group in the Streets and
Facilities division is led by the Supervisor of Streets, who manages five Working Supervisors
and approximately 15 crew members for all road, bridge, and stormwater repair work. With
seven additional crew members and an increased workload, we recognized the need for an
additional supervisory position to assist the Supervisor of Streets.
In our request for funding of the new crew, DPW had envisioned and budgeted for a Grade 9
level position in the CSEA DPW unit, although we hadn’t decided on a position title and duties
at the time. As we started looking at the new organization in terms of workload and succession
planning, we determined that an Assistant Supervisor of Streets position is needed. The
Assistant Supervisor of Streets will help train new personnel, and plan, coordinate, and manage
larger road and stormwater repair projects with minimal supervision from the Supervisor of
Streets.
Funding for this new position is already included within the 2019 budget, with 67.5% coming
from the Highways account (A5111-115) and 32.5% coming from the Stormwater account
(SD8141-115).
8.9 Request to Release Funds from the 2019 Authorized Contingency Fund for
the Tompkins Center for History & Culture - Resolution
WHEREAS, the Tompkins Center for History and Culture (TCHC) has requested
financial support from the City toward their Capital campaign to purchase and build a
new facility on the Ithaca Commons; and
WHEREAS, as part of the 2019 Authorized City of Ithaca Budget, $5,000 was placed in
Restricted Contingency for the purpose of providing financial support to said TCHC
Capital Campaign; now, therefore be it
RESOLVED, That Common Council hereby authorizes and directs the City Controller to
make the following appropriation to the 2019 Authorized Budget:
Decrease: Appropriation Account A1990 Restricted Contingency $5,000
Increase Appropriation Account A1210-5435 Mayor Contract $5,000
for the purpose of transferring funds to the Tompkins Center for
History and Culture Capital Campaign
8.10 Request to Release Funds from the 2019 Authorized Contingency Fund
for the Mental Health Court Resource Coordinator - Resolution
WHEREAS, the Department of Mental Health Services, the City of Ithaca and the Ithaca
City Court have agreed to partner on the creation of a Mental Health Court Resource
Coordinator to serve as a liaison between the Court, treatment providers, case
managers, attorneys, law enforcement, court clerks and all other relevant stakeholders
on behalf of individuals diagnosed with mental health conditions or co-occurring
disorders; and
WHEREAS, as part of the 2019 Authorized City of Ithaca Budget, $25,000 was placed
in Restricted Contingency for the purpose of providing funding assistance for the Mental
Health Court Resource Coordinator; and
WHEREAS, the said coordinator position will be an employee of Tompkins County with
necessary funds budgeted in the County’s 2019 budget; and
WHEREAS, this one-time funding is intended to demonstrate a need for Mental Health
Court in Tompkins County to leverage future ongoing funding from the New York State
Office of Court Administration; now, therefore be it
RESOLVED, That Common Council hereby authorizes and directs the City Controller to
make the following appropriation to the 2019 Authorized Budget:
Decrease: Appropriation Account A1990 Restricted Contingency $25,000
Increase: Appropriation Account A1010-5435 Legislative Contracts $25,000
for the purpose of transferring said funds to Tompkins County
to provide funding assistance for the Mental Health Court Resource
Coordinator.
Inclusion Through Diversity
Memorandum
To: City Administration Committee
From: Frank Kruppa
Public Health Director
Tompkins County
Re: Mental Health Court Coordinator Funding
The Tompkins County Department of Mental Health Services, the City of Ithaca, and the Ithaca City
Court have agreed to partner on the creation of a Mental Health Court Resource Coordinator to serve as a
liaison between the Court, treatment providers, case managers, attorneys, law enforcement, court clerks
and all other relevant stakeholders on behalf of individuals diagnosed with mental health conditions or co-
occurring disorders.
This one-time funding is intended to demonstrate a need for a Mental Health Court in Tompkins County
to leverage future ongoing funding from the New York State Office of Court Administration.
Revenues Tompkins County Contribution $50,000
City of Ithaca Contribution $25,000
Expenses Mental Health Court Resource Coordinator $43,153
Program Expense $10,784
Fringes $21,063
The position began a thirty day anticipated vacancy advertisement period on December 13, 2018, pending
final approval of funding by Tompkins County and the City of Ithaca. Interviews will not begin until
mid-January with an anticipated start date of mid-February.
8.11 Ithaca Fire Department (IFD) Award of Bid for Protective Jacket and Pants -
Resolution
WHEREAS, bids were received and opened on December 11, 2018, and reviewed by
staff for the 2018 Fire Department Protective Jacket and Pants; and
WHEREAS, staff recommends that the low bid of $2,119 per set of Jacket and Pants
from Halo First Responder Products, Elmira, New York be accepted; now, therefore be
it
RESOLVED, That Common Council hereby accepts staff’s recommendation and
awards the bid for the 2018 Fire Department Protective Jacket and Pants to Halo First
Responder Products, Elmira, New York for their low bid meeting specifications; and, be
it further
RESOLVED, That Common Council hereby authorizes the Fire Chief to enter an
agreement for said acquisition.
BID TABULATION
CITY OF ITHACA, NEW YORK
DEPARTMENT:ITHACA FIRE DEPARTMENT
BID FOR: PROTECTIVE JACKET AND PANTS
FOR STRUCTURAL FIRE FIGHTING
OPENING: DECEMBER 11, 2018, 2:00 PM
ITEM
NO.QUANTITY DESCRIPTION UNIT COST EXTENSIONS UNIT COST EXTENSIONS UNIT COST EXTENSIONS
1 1 PROTECTIVE JACKET AND PANTS
FOR STRUCTURAL FIRE FIGHTING
JACKET:$1,406.16 $1,461.60 $1,340.00
PANTS:$1,099.25 $923.40 $950.00
TOTAL AS A UNIT:$2,505.41 $2,385.00 $2,290.00
MANUFACTURER/MODEL GLOBE GXTREME LION FIRE DEX
NOTE - SEE BID SHEET FOR ADDITIONAL
ITEM (LETTERING)
DELIVERY TIME 45-60 DAYS 75-90 DAYS 90 DAYS
ADDENDUM NONE NONE NONE
BID SECURITY N/A N/A N/A
LAFRANCE EQUIPMENT
516 ERIE STREET 7 WESTCHESTER PLAZA
PH (607) 733-5511
ELMIRA, NY 14904
100 ENSMINGER RD.
FIRST OUT RESCUE EQUIPMENT
psangen@fire-end.com
FIRE-END & CROKER CORP.
PH (719) 874-2428
TONAWANDA, NY 14150
PH (914) 592-3640
ELMSFORD, NY 10523
petet@firstoutrescue.comjmay@lafrance-equipment.com
BID TABULATION
CITY OF ITHACA, NEW YORK
DEPARTMENT:ITHACA FIRE DEPARTMENT
BID FOR: PROTECTIVE JACKET AND PANTS
FOR STRUCTURAL FIRE FIGHTING
OPENING: DECEMBER 11, 2018, 2:00 PM
ITEM
NO.QUANTITY DESCRIPTION UNIT COST EXTENSIONS UNIT COST EXTENSIONS UNIT COST EXTENSIONS
1 1 PROTECTIVE JACKET AND PANTS
FOR STRUCTURAL FIRE FIGHTING
JACKET:$1,199.00
PANTS:$920.00
TOTAL AS A UNIT:$2,119.00
MANUFACTURER/MODEL QUAKER AXIS
DELIVERY TIME 75 DAYS
ADDENDUM NONE
BID SECURITY N/A
HALO FIRST RESPONDER PRODUCTS
703 ERIE STREET
ELMIRA, NY 14904
hal@halofirstresponder.com
PH (607) 259-6893
8.12 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 181
Entitled “Fire Prevention”, Section 9(E) entitled “Operating Permits for Certain
Uses and Materials; fees, to add a new subsection (14) entitled ”Administration
and Enforcement of State Parking Garage Code Standards” and Section 181-18,
entitled “Condition Assessments of Parking Garages”
WHEREAS, Executive Law, Section 381 directs the NYS Secretary of State to
promulgate rules and regulations prescribing the minimum standards for administration
and enforcement of the uniform fire prevention and building code and the state energy
conservation construction code, and requires every local government to administer and
enforce the uniform fire prevention and building code and state energy conservation
construction code unless such local government has specifically opted out as
prescribed by state law; and
WHEREAS, the Secretary of State regulations are codified in Title 19, Chapter XXXII,
requiring every city charged with administration and enforcement to provide for such
features as described in 19 NYCRR 1203.3 by enacting local law, ordinance, or other
appropriate regulation; and
WHEREAS, the New York State Department of State recently amended its regulations
to include a new section entitled “Condition Assessments of Parking Garages”; and
WHEREAS, the recent regulation amendments require municipalities to establish a
code enforcement program for parking garages meeting the criteria and features
specified in 19 NYCRR 1203.3; now, therefore
Ordinance No. ____-2019
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose.
The Common Council makes the following findings of fact:
A. Maintaining safe parking garages is a priority for the City.
B. The City has elected to administer and enforce the uniform fire prevention and
building code and state energy conservation construction code, and by the
amended regulations, is now required to implement an enforcement program for
inspection of parking garages.
C. Therefore, the Common Council intends for this ordinance to implement the
above-described enforcement program for inspection of parking garages.
Section 2. Amendment of Section 181-9, Operating permits for certain uses and
materials; fees.
The Ithaca Municipal Code shall be amended so as to create, at the end of §181-9(E), a
new subsection (14) as follows:
(14) Parking Garages as defined in §181-18(A);
(a) An operating permit shall be obtained from the Chief of the Fire Department
or the Fire Marshal for the operation of a Parking Garage prior to such operation.
(b) The Chief of the Fire Department or the Fire Marshal may promulgate
reasonable rules and regulations for the granting of permits, including but not
limited to requiring;
[1] the submittal of plans and/or specifications for such structure;
[2] initial condition assessments;
[3] periodic condition assessments; and
[4] the installation and/or testing records for fire protection equipment or
systems in use of said structure.
(c) Upon receipt of such application, the Chief of the Fire Department or the
Fire Marshal shall cause the Parking Garage to be inspected for compliance with
the Uniform Fire Prevention and Building Code of New York State.
(d) No permit for a Parking Garage shall be granted if, in the opinion of the
Chief of the Fire Department or the Fire Marshal, such structure is not in
compliance with the Uniform Fire Prevention and Building Code.
(e) An operating permit for an area of Parking Garage shall be effective for a
period not to exceed three (3) years. An application for renewal must be made
prior to the expiration of the current permit.
(f) An operating permit for a Parking Garage may be suspended or revoked if,
in the opinion of the Chief of the Fire Department or the Fire Marshal, there is a
violation of the Uniform Fire Prevention Code of New York State resulting in
immediate danger to the life or health of occupants thereof.
(g) Fees for an operating permit for Parking Garages or for renewal of such
permit shall be established by the Chief of the Department, according to § 181-9F
of this article.
Section 3. Creation of Section 181-18, Condition Assessments of Parking
Garages.
The Ithaca Municipal Code shall be amended so as to create a new Section 181-18 as
follows:
§ 181-18 Condition Assessments of Parking Garages
A. Definitions. For the purposes of this section:
(1) the term “condition assessment” means an on-site inspection
and evaluation of a parking garage for evidence of
deterioration of any structural element or building component
of such parking garage, evidence of the existence of any
unsafe condition in such parking garage, and evidence
indicating that such parking garage is an unsafe structure;
(2) the term “deterioration” means the weakening, disintegration,
corrosion, rust, or decay of any structural element or building
component, or any other loss of effectiveness of a structural
element or building component;
(3) the term “parking garage” means any building or structure, or
part thereof, in which all or any part of any structural level or
levels is used for parking or storage of motor vehicles,
excluding:
a. buildings in which the only level used for parking or
storage of motor vehicles is on grade;
b. an attached or accessory structure providing parking
exclusively for a detached one- or two-family dwelling; and
c. a townhouse unit with attached parking exclusively for
such unit;
(4) the term “professional engineer” means an individual who is
licensed or otherwise authorized under Article 145 of the
Education Law to practice the profession of engineering in the
State of New York and who has at least three years of
experience performing structural evaluations;
(5) the term “responsible professional engineer” means the
professional engineer who performs a condition assessment,
or under whose supervision a condition assessment is
performed, and who seals and signs the condition assessment
report. The use of the term “responsible professional
engineer” shall not be construed as limiting the professional
responsibility or liability of any professional engineer, or of
any other licensed professional, who participates in the
preparation of a condition assessment without being the
responsible professional engineer for such condition
assessment.
(6) the term “unsafe condition” includes the conditions identified
as “unsafe” in section 304.1.1, section 305.1.1, and section
306.1.1 of the 2015 edition of the International Property
Maintenance Code (or publication currently incorporated by
reference in 19 NYCRR Part 1226); and
(7) the term “unsafe structure” means a structure that is so
damaged, decayed, dilapidated, or structurally unsafe, or is of
such faulty construction or unstable foundation, that partial or
complete collapse is possible.
B. Condition Assessments – general requirements. The owner-operator
of each parking garage shall cause such parking garage to undergo
an initial condition assessment as described in subdivision (C) of
this section, periodic condition assessments as described in
subdivision (D) of this section, and such additional condition
assessments as may be required under subdivision (E) of this
section. Each condition assessment shall be conducted by or under
the direct supervision of a professional engineer. A written report of
each condition assessment shall be prepared, and provided to the
Chief of the Fire Department in accordance with the requirements of
subdivision (F) of this subsection. Before performing a condition
assessment (other than the initial condition assessment) of a parking
garage, the responsible professional engineer for such condition
assessment shall review all available previous condition assessment
reports for such parking garage.
C. Initial Condition Assessment. Each parking garage shall undergo an
initial condition assessment as follows:
(1) New parking garages shall undergo an initial condition
assessment following construction and prior to a certificate of
occupancy, certificate of compliance, or operating permit being
issued for the structure,
(2) Existing parking garages shall undergo an initial condition
assessment as follows:
a. if originally constructed prior to January 1, 1984, then prior
to October 1, 2019
b. if originally constructed between January 1, 1984 and
December 31, 2002, then prior to October 1, 2020; and
c. if originally constructed between January 1, 2003 and the
effective date of the rule adding this subdivision to 19
NYCRR section 1203.3, then prior to October 1, 2021.
D. Periodic Condition Assessments. Following the initial condition
assessment of a parking garage, such parking garage shall undergo
periodic condition assessments at intervals not to exceed three (3)
years.
E. Additional Condition Assessments.
(1) If the latest condition assessment report for a parking garage
includes a recommendation by the responsible professional
engineer that an additional condition assessment of such parking
garage, or any portion of such parking garage, be performed
before the date by which the next periodic condition assessment
would be required under subdivision (C) of this section, the Chief
of the Fire Department or their designee shall require the owner
or operator of such parking garage to cause such parking garage
(or, if applicable, the portion of such parking garage identified by
the responsible professional engineer) to undergo an additional
condition assessment no later than the date recommended in
such condition assessment report.
(2) If the Chief of the Fire Department or the Fire Marshal become
aware of any new or increased deterioration which, in the
judgment of the Chief of the Fire Department or Fire Marshal,
indicates that an additional condition assessment of the entire
parking garage, or of the portion of the parking garage affected by
such new or increased deterioration, should be performed before
the date by which the next periodic condition assessment would
be required under subdivision (C) of this section, the Chief of the
Fire Department or Fire Marshal shall require the owner or
operator of such parking garage to cause such parking garage
(or, if applicable, the portion of the parking garage affected by
such new or increased deterioration) to undergo an additional
condition assessment no later than the date determined by the
Chief of the Fire Department or Fire Marshal to be appropriate.
F. Condition Assessment Reports. The responsible professional
engineer shall prepare, or directly supervise the preparation of, a
written report of each condition assessment, and shall submit such
condition assessment report to the Chief of the Fire Department
within thirty (30) days. Such condition assessment report shall be
sealed and signed by the responsible professional engineer, and
shall include:
(1) an evaluation and description of the extent of deterioration and
conditions that cause deterioration that could result in an unsafe
condition or unsafe structure;
(2) an evaluation and description of the extent of deterioration and
conditions that cause deterioration that, in the opinion of the
responsible professional engineer, should be remedied
immediately to prevent an unsafe condition or unsafe structure;
(3) an evaluation and description of the unsafe conditions;
(4) an evaluation and description of the problems associated with the
deterioration, conditions that cause deterioration, and unsafe
conditions;
(5) an evaluation and description of the corrective options available,
including the recommended timeframe for remedying the
deterioration, conditions that cause deterioration, and unsafe
conditions;
(6) an evaluation and description of the risks associated with not
addressing the deterioration, conditions that cause deterioration,
and unsafe conditions;
(7) the responsible professional engineer’s recommendation
regarding preventative maintenance;
(8) except in the case of the report of the initial condition
assessment, the responsible professional engineer’s attestation
that he or she reviewed all previously prepared condition
assessment reports available for such parking garage, and
considered the information in the previously prepared reports
while performing the current condition assessment and while
preparing the current report; and
(9) the responsible professional engineer’s recommendation
regarding the time within which the next condition assessment of
the parking garage or portion thereof should be performed. In
making the recommendation regarding the time within which the
next condition assessment of the parking garage or portion
thereof should be performed, the responsible professional
engineer shall consider the parking garage’s age, maintenance
history, structural condition, construction materials, frequency
and intensity of use, location, exposure to the elements, and any
other factors deemed relevant by the responsible professional
engineer in his or her professional judgment.
G. Review Condition Assessment Reports.
(1) The Chief of the Fire Department or Fire Marshal shall take such
enforcement action or actions in response to the information in
such condition assessment report as may be necessary or
appropriate to protect the public from the hazards that may result
from the conditions described in such report. In particular, but
not by way of limitation, the Chief of the Fire Department or Fire
Marshal shall, by Order to Remedy or such other means of
enforcement as the Chief of the Fire Department or Fire Marshal
may deem appropriate, require the owner or operator of the
parking garage to repair or otherwise remedy all deterioration, all
conditions that cause deterioration, and all unsafe conditions
identified in such condition assessment report pursuant to
paragraphs (2) and (3) of subdivision (F) of this subsection.
(2) The Chief of the Fire Department shall forward all condition
assessment reports and other pertinent information that may
indicate an unsafe building or structure to the Director of
Planning and Development.
(3) The Director of Planning and Development or designee shall take
such enforcement action or actions in response to the
information in such condition assessment report as may be
necessary or appropriate to protect the public from an Unsafe
Structure. In particular, but not by way of limitation, the Director
of Planning and Development or designee shall, by Order of
Remedy or such other means of enforcement, require the owner
or operator of the parking garage to limit or prohibit occupancy of
an unsafe parking garage.
(4) All repairs and remedies shall comply with the applicable
provisions of the Uniform Code and the Code of the City of Ithaca,
including but not limited to the provisions of City Code §146-5
“Building permits.”
(5) This section shall not limit or impair the right of the Chief of the
Fire Department to take any other enforcement action, including
but not limited to suspension or revocation of a parking garage’s
operating permit, as may be necessary or appropriate in response
to the information in a condition assessment report.
(6) This section shall not limit or impair the right of the Director of
Planning and Development or their designee to take any other
enforcement action or actions related to an Unsafe Structure as
regulated under Chapter 146 of the City Code.
H. The City of Ithaca shall retain all condition assessment reports for
the life of the parking garage. Upon request by a professional
engineer who has been engaged to perform a condition assessment
of a parking garage, and who provides the Ithaca Fire Department
with a written statement attesting to the fact that he or she has been
so engaged, the City of Ithaca shall make the previously prepared
condition assessment reports for such parking garage (or copies of
such reports) available to such professional engineer. The City of
Ithaca shall be permitted to require the owner or operator of the
subject parking garage to pay all costs and expenses associated
with making such previously prepared condition assessment reports
(or copies thereof) available to the professional engineer.
I. This section shall not limit or impair the right or the obligation of the
City of Ithaca:
(1) to perform such construction inspections as are required by
§146-6 “Construction inspections”;
(2) to perform such periodic fire safety and property maintenance
inspections as are required by §181-16 of this Chapter, entitled
“Fire safety and property maintenance inspections”; and
(3) to take such enforcement action or actions as may be necessary
or appropriate to respond to any condition that comes to the
attention of the Chief of the Fire Department by means of its own
inspections or observations, by means of a complaint, or by any
other means other than a condition assessment or a report of a
condition assessment.
Section 4. 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 5. Effective date.
This ordinance shall take effect immediately upon publication as provided in the City
Charter.
To: Common Council
From: Tom Parsons, Fire Chief
cc: Svante Myrick, Mayor
Date: 12/14/2018
Re: Garage Inspection Resolution
Earlier this year, the NYS Department of State adopted a rule that amended the NYS Fire
Prevention and Building Code Regulation to require condition assessments and the issuance of
use permits for multi-story and underground parking garages.
The amended regulations require cities, towns, villages, counties, and State agencies that are
responsible for administering and enforcing the Uniform Code to require the owners of parking
garages to have periodic condition assessments of those parking garages performed by qualified
professional engineers. A condition assessment, as defined in the regulation, is an on-site
inspection and evaluation of a parking garage for evidence of deterioration of any structural
element or building component, evidence of the existence of any unsafe condition, and evidence
indicating that a parking garage is an unsafe structure. The regulations also require the owners
of parking garages to obtain an operating permit from the authority having jurisdiction for code
enforcement.
Since 2008, the Fire Department has performed fire safety inspections all parking garages in the
City of Ithaca. The resolution before you, revises the Fire Prevention Code, Chapter 181 of the
Code of the City of Ithaca, to comply with the requirements of Part 1203 of Title 19 NYCRR
pertaining to the requirements for conditions assessments of parking garages and the issuance of
operating permits for parking garages. The Ithaca Fire Department by the authority of the Code
of the City of Ithaca, will enforce the new requirements for condition assessments and operating
permits for all public and private parking garages in the City of Ithaca.
I will be attending the City Administration meeting and will answer any questions you might
have.
John Addario PE, Director Building Standards and Codes Francis J. Nerney Jr., State Fire Administrator
November 6, 2018 CODE OUTREACH PROGRAM Issue 2018- 12
Code Outreach Program – Parking Garages
The Department of State recently adopted a rule that amends Parts 1202, 1203, and 1204 of Title 19 of the New York Codes, Rules and
Regulations. The amendments (found here) require cities, towns, villages, counties, and State agencies that are responsible for administering
and enforcing the Uniform Code to require the owners of parking garages to have periodic condition assessments of those parking garages
performed by qualified professional engineers.
A condition assessment, as defined in Section 1203.3(j)(2)(ii), is an on-site inspection and evaluation of a parking garage for evidence of
deterioration of any structural element or building component, evidence of the exist ence of any unsafe condition, and evidence indicating that
a parking garage is an unsafe structure. A condition assessment report is a written evaluation and description of a condition assessment.
Each parking garage in the State shall undergo an initial condition assessment as follows:
• New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or
certificate of compliance being issued.
• Existing parking garages shall undergo an initial condition assessment as follows:
o if originally constructed prior to 1/1/1984, initial assessment to be completed prior to 10/1/2019;
o if originally constructed between 1/1/1984 and 12/31/2002, initial assessment to be completed prior to 10/1/2020; and
o if originally constructed between 1/1/2003 and 8/29/2018, initial assessment to be completed prior to 10/1/2021.
Following the initial condition assessment, parking garages shall undergo periodic condition assessments at the intervals required by the
Authority Having Jurisdiction’s (AHJ) code enforcement program, but in no case shall that interval exceed three years. Additional condition
assessments may be required if recommended by the professional engineer iss uing a condition assessment report or, if the AHJ becomes
aware of any new or increased deterioration that may warrant an assessment.
In summary, the new rule requires AHJs to:
• amend their code enforcement program to require, at a minimum, the requirements outlined in the new regulations, regardless of whether
there are parking garages within their jurisdiction;
• require owners of new and existing parking garages to apply for and obtain an operating permit;
• require owners of parking garages to provide condition assessment reports that are sealed and signed by a professional engineer;
• review each condition assessment report and take appropriate enforcement action in response to the information contained in a condition
assessment report, including but not limited to, issuing an Order to Remedy or suspending or revoking an operating permit; and
• retain all condition assessment reports for the life of the parking garages within their jurisdiction.
This rule applies to all parking garages subject to the Uniform Code that meet the definition of “parking garage” found in 19 NYCRR
1203.3(j)(2)(iv), including private, municipal, and State -owned garages. The rule also applies to those garages within the jurisdictional limits
of New York City that are under the ownership or custody of a State Agency. As a reminder, Parts 1202, 1203, and 1204 are minimum
standards for administration and enforcement, therefore, AHJs have the authority to require standards higher than the minimums imposed by
this rule, to establish fines, and to withhold operating permits for all or portions of a parking garage, provided that such proce dures are
addressed in their local laws and are not considered to be a more restrictive standard for construction under Executive Law §379.
There are many industry standards that pertain to the operation, maintenance, and inspection of parking garages . Code users may find it
beneficial to review these industry standards prior to amending their local laws, and prior to performing a condition assessment or reviewing
a condition assessment report. Examples of these standards include:
• ACI 362.2R, Guide for Structural Maintenance of Parking Structures (American Concrete Institute);
• Maintenance Manual for Precast Parking Structures (Precast/Prestressed Concrete Institute);
• Parking Facility Maintenance Manual (National Parking Association); and
• Condition Assessment of Parking Structures (American Society of Civil Engineers).
The information contained in this edition of the Code Outreach Program is for informational purposes only . AHJs shall consult their
municipal attorney and update their code enforcement program in accordance with the State regulations, and not with the generalized
overview contained herein.
Please look for our next edition of the Code Outreach Program at the beginning of next month.
How to check In-Service Training credits: https://www.dos.ny.gov/DCEA/pdf/Check%20training%20credits.pdf
How to View Your Training Credits in SLMS: https://youtu.be/jgMPIQtVl7c
DBSC - A Division of Department of State
OFPC – An Office of the Division of Homeland Security & Emergency Services
If you have questions pertaining to the Code Outreach Program, email us at COP.codes@dos.ny.gov
If you have questions pertaining to the Uniform Code or Energy Code, email our technical support group at: codes@dos.ny.gov.
To cancel your subscription to this email list, click on the unsubscribe link found here.
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the Balances
of the Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund”
WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common Council
relevant to the Fire Department” that provide Common Council authority over taxes collected
from insurance companies for the benefit of the City’s fire companies under New York Insurance
Law (“two percent moneys”) and for the administration of two Relief Funds; and
WHEREAS, earlier this year, the City Administration Committee requested that staff develop
proposed amendments to the little-used Relief Funds established in § C-94; and
WHEREAS, a group of City representatives met with the Veteran Volunteer Firemen's
Association of Ithaca, after which that organization requested the distribution to that
organization of the funds currently held by the City in the Veteran Volunteer Firemen’s Relief
Fund; and
WHEREAS, the Fire Chief recommends the transition represented by this Local Law because
both existing Relief Funds as provided in the Charter are rarely used, and such utility as served
by those Funds in decades past has largely been supplanted by modernized coverage for
firefighter injuries, both professional and volunteer; and
WHEREAS, State law provides a standard legal framework pursuant to which two percent
moneys are to be distributed to firefighters within localities across the state; and
WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the standard
framework in order to fund the Relief Funds and make the Charter-specified distributions
therefrom; and
WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of the
powers and duties contained therein, and transfer the balance remaining in the funds
established under § C-94 as set forth below; now, therefore
LOCAL LAW 2019-___
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:
1. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from foreign and
alien insurers and distributes such funds pursuant to the provisions of New York Insurance
Law and City Charter § C-94.
2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes a portion
of the above-described moneys collected under New York Insurance Law to such fund.
3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund, which the
City administers and holds in trust for the benefit of the Veteran Volunteer Firemen's
Association of Ithaca.
4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the future, to
distribute funds collected under New York Insurance Law §§ 9104 and 9105 to the fire
companies of the City of Ithaca pursuant to the provisions of the New York Insurance Law.
5. The Common Council finds it further beneficial to transfer the balance of the Veteran
Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of Ithaca
and to distribute the balance of the Active Firemen’s Relief Fund pursuant to the provisions
of the New York Insurance Law.
Based upon the above findings, the intent and purpose of this Local Law is to transfer the
balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s
Association of Ithaca, amend the City Charter to repeal § C-94, and distribute the balance of the
Active Firemen’s Relief Fund pursuant to New York Insurance Law §§ 9104 and 9105.
Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund to the
Veteran Volunteer Firemen’s Association of Ithaca.
The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferred to the
Veteran Volunteer Firemen's Association of Ithaca.
Section 3. Repeal of City Charter § C-94.
City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire
Department,” is hereby repealed in its entirety.
Section 4. Distribution of the balance of the Active Firemen’s Relief Fund pursuant to the
New York Insurance Law.
The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire companies
of the City of Ithaca pursuant to the provisions of New York Insurance Law §§ 9104 and 9105.
Section 5. Severability clause.
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 6. Effective date.
This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of
State.
9.2 A Resolution Authorizing the Issuance of $12,077,400 Bonds of the City of
Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital
Improvements in and for Said City
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $12,077,400 bonds of said City pursuant to the
provisions of the Local Finance Law, apportioned among such capital improvements in
accordance with the maximum estimated cost of each. The capital improvements to be
financed pursuant to this bond resolution, the maximum estimated cost of each, the
amount of bonds to be authorized therefor, the period of probable usefulness of each,
and whether said capital improvements are each a specific object or purpose or a class
of objects or purposes, including in each case incidental improvements, equipment,
machinery, apparatus, appurtenances, furnishings and expenses in connection
therewith, are as follows:
a) Planning and design costs for the ice jam effluent piping from the Wastewater
Treatment Plant to Cascadilla and Fall Creeks, in and for said City, at a maximum
estimated cost of $51,000. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of $51,000 bonds of the
$12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution.
It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is 5 years, pursuant to subdivision 62(2 nd) of paragraph a of
Section 11.00 of the Local Finance Law;
b) Construction of improvements to Hector Street, consisting of sidewalks and an
uphill bikeway along Route 79, at a maximum estimated cost of $2,104,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $2,104,000 of the $12,077,400 bonds of said City authorized
to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the
extent that any Federal or State grants-in-aid are received for such specific object or
purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced
dollar for dollar. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 90, based on
subdivisions 19(c) and 24 of paragraph a of Section 11.00 of the Local Finance Law;
c) Planning and design costs for Stewart Avenue reconstruction, in and for said
City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of $51,000
bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of
paragraph a of Section 11.00 of the Local Finance Law;
d) Purchase of traffic signal wireless communication equipment, for said City, at a
maximum estimated cost of $86,700. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $86,700
bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 20 years, pursuant to subdivision 72(a) of
paragraph a of Section 11.00 of the Local Finance Law;
e) Preparation of a transportation plan, for said City, at a maximum estimated cost
of $51,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of
the Local Finance Law;
f) Purchase of buses and improvements to passenger facilities and related transit
hardware and software, in and for said City, at a maximum estimated cost of $158,100.
It is hereby determined that the plan for the financing of such class of objects or
purposes shall consist of the issuance of $158,100 bonds of the $12,077,400 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 5 years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the
Local Finance Law, based upon subdivisions 12(a), 29 and 108 thereof, being additional
capital projects beyond the scope of the authorizing bond resolutions dated and duly
adopted on January 4, 2017 for $153,700 and January 3, 2018 for $155,000;
g) Reconstruction of City cemetery vaults, in and for said City, at a maximum
estimated cost of $76,500. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of $76,500 bonds of the
$12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution.
It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is 5 years, pursuant to subdivision 35 of paragraph a of Section 11.00
of the Local Finance Law;
h) Construction of improvements to and reconstruction of various City buildings and
facilities, in and for said City, at a maximum estimated cost of $235,000. It is hereby
determined that the plan for the financing of such class of objects or purposes shall
consist of the issuance of $235,000 bonds of the $12,077,400 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or purposes is 25
years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local
Finance Law;
i) Construction of improvements to and replacement of the skylights in the Youth
Bureau Building, in and for said City, at a maximum estimated cost of $58,700. It is
hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $58,700 bonds of the $12,077,400 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 25 years,
pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law;
j) Resurfacing of Cass Park tennis courts, in and for said City, at a maximum
estimated cost of $77,600. It is hereby determined that the plan for the financing of
such class of objects or purposes shall consist of the issuance of $77,600 bonds of the
$12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution.
It is hereby determined that the period of probable usefulness of the aforesaid class of
objects or purposes is 15 years, pursuant to subdivision 19(c) of paragraph a of
Section 11.00 of the Local Finance Law;
k) Construction of improvements to and reconstruction of Hangar Theatre Building,
in and for said City, consisting of site demolition, building improvements, parking lot
improvements and storm drainage improvements, at a maximum estimated cost of
$51,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of
the Local Finance Law;
l) Purchase of an aerial/platform truck for the Fire Department, for said City, at a
maximum estimated cost of $1,326,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $1,326,000
bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of paragraph
a of Section 11.00 of the Local Finance Law;
m) The purchase of equipment for various departments, at an aggregate maximum
estimated cost of $635,700, allocated as follows:
(i) Purchase of equipment for maintenance purposes, each item of which costs
$30,000 or more, for said City, at an aggregate maximum estimated cost of $322,400.
It is hereby determined that the plan for the financing of such class of objects or
purposes shall consist of the issuance of $322,400 bonds of the $12,077,400 bonds of
said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid class of objects or
purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the
Local Finance Law;
(ii) Purchase of a 12-passenger bus with wheelchair lift, for said City, at a maximum
estimated cost of $66,300. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of $66,300 bonds of the
$12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution.
It is hereby determined that the period of probable usefulness of the aforesaid specific
object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00
of the Local Finance Law; and
(iii) Purchase of police vehicles to replace those in service for one year or more, for
said City, at a maximum estimated cost of $247,000. It is hereby determined that the
plan for the financing of such class of objects or purposes shall consist of the issuance
of $247,000 bonds of the $12,077,400 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to
subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law;
n) Improvements to the Giles Street solids residual handling facility, for said City, at
a maximum estimated cost of $424,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $424,000
bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph
a of Section 11.00 of the Local Finance Law;
o) Reconstruction of the College Avenue sanitary sewer mains, consisting of
approximately 1,350 linear feet of 8” sewer main on College Avenue from Dryden Road
to Mitchell Street, in and for said City, at a maximum estimated cost of $449,000. It is
hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $449,000 bonds of the $12,077,400 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 40 years,
pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law;
p) Reconstruction of the College Avenue water mains, consisting of approximately
1,450 linear feet of 8” sewer main on College Avenue from Dryden Road to Mitchell
Street, in and for said City, at a maximum estimated cost of $520,000. It is hereby
determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $520,000 bonds of the $12,077,400 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby determined that
the period of probable usefulness of the aforesaid specific object or purpose is 40 years,
pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law;
q) Planning and design costs for the roof replacement at 600 Franklin Street Water
and Sewer System Maintenance Building, in and for said City, at a maximum estimated
cost of $255,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $255,000 bonds of the $12,077,400
bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of
the Local Finance Law;
r) Improvements to the Vinegar Hill Pump Station, in and for said City, at a
maximum estimated cost of $81,600. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of $81,600
bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph
a of Section 11.00 of the Local Finance Law;
s) The purchase of equipment for the Water and Sewer Departments for
maintenance purposes, each item of which costs $30,000 or more, for said City, at an
aggregate maximum estimated cost of $295,500. It is hereby determined that the plan
for the financing of such class of objects or purposes shall consist of the issuance of
$295,500 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant
to this bond resolution. It is hereby determined that the period of probable usefulness of
the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of
paragraph a of Section 11.00 of the Local Finance Law;
t) Planning and design costs for pedestrian safety improvements, in and for said
City, at a maximum estimated cost of $590,000. It is hereby determined that the plan
for the financing of such specific object or purpose shall consist of the issuance of
$590,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant
to this bond resolution; provided, however, that to the extent that any Federal or State
grants-in-aid are received for such specific object or purpose, the amount of bonds to be
issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of
the Local Finance Law;
u) Planning and design costs and implementation of dredging and installation of a
sediment trap for Cascadilla Creek, in and for said City, at a maximum estimated cost of
$2,000,000. It is hereby determined that the plan for the financing of such specific
object or purpose shall consist of the issuance of $2,000,000 bonds of the $12,077,400
bonds of said City authorized to be issued pursuant to this bond resolution; provided,
however, that to the extent that any Federal or State grants-in-aid are received for such
specific object or purpose, the amount of bonds to be issued pursuant to this resolution
shall be reduced dollar for dollar. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 30 years, pursuant to
subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law;
v) Design and construction of new playground at Stewart Park, in and for said City,
at a maximum estimated cost of $1,000,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of
$1,000,000 bonds of the $12,077,400 bonds of said City authorized to be issued
pursuant to this bond resolution. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is 15 years, pursuant to
subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; and
w) Design and construction of the Black Diamond Trail Bridge over the Flood
Control Channel, in and for said City, at a maximum estimated cost of $1,500,000. It is
hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of $1,500,000 bonds of the $12,077,400 bonds of said City
authorized to be issued pursuant to this bond resolution; provided, however, that to the
extent that any Federal or State grants-in-aid are received for such specific object or
purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced
dollar for dollar. 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.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $12,077,400, and the plan for the financing thereof is by the issuance of the
$12,077,400 serial bonds authorized by Section 1 hereof, allocated to each of the
objects or purposes in accordance with the maximum estimated cost of each stated in
Section 1 hereof; provided, however, that the amount of serial bonds will be reduced by
any Federal or State grants-in-aid received therefor, including as specifically provided
herein.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. 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 6. 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 seria l
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 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
9.3 A Resolution Authorizing the Issuance of an Additional $3,735,600 Bonds
of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of
Reconstruction of East State Street/MLK, Jr. Street Retaining Wall, in and for said
City
WHEREAS, by a bond resolution heretofore adopted on January 4, 2017, the Common
Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of
$816,400 bonds of said City to pay design costs for the construction of the East State
Street/MLK Jr. Street Retaining Wall, in and for said City, and determined that the
period of probable usefulness thereof was five years, as a financing for the planning for
the capital project; and
WHEREAS, it has now been determined that such authorization shall include the costs
of the capital project itself and that it is in the financial interest of said City to amortize
the serial bonds for a period in excess of five years, the period of probable usefulness of
said specific object or purpose being 15 years in accordance with the applicable
provision of the Local Finance Law, and it being so determined by applicable
engineering professionals; and
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
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
reconstruction of the East State Street/MLK Jr. Street Retaining Wall, 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 $3,735,600 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 $4,552,000.
Section 2. The plan for the financing of such $4,552,000 maximum estimated cost is
as follows:
a) By the issuance of the $816,400 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 $3,735,600 bonds of said City herein authorized
for said specific object or purpose; 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 15 years, pursuant to subdivision 35 of paragraph
a of Section 11.00 of the Local Finance Law, computed from February 15, 2018, and
the period of probable usefulness of the bonds heretofore authorized for the design
costs thereof is hereby increased to 15 years, pursuant to said subdivision 35.
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
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.
9.4 A Resolution Authorizing the Issuance of an Additional $225,000 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Roof Replacement at the Stewart Park Pavilion, in and for Said City
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof,
now; therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the roof
replacement at the Stewart Park Pavilion, in and for the City of Ithaca, Tompkins
County, New York, including incidental improvements and expenses in connection
therewith, there are hereby authorized to be issued an additional $225,000 bonds
pursuant to the provisions of the Local Finance Law, which specific object or purpose is
hereby authorized at the new maximum estimated cost of $712,000.
Section 2. The plan for the financing of such $712,000 maximum estimated cost is as
follows:
a) By the issuance of the $255,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated December 4, 2013;
b) By the issuance of the $181,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 4, 2017;
c) By the issuance of the $51,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 3, 2018; and
d) By the issuance of the additional $225,000 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 15 years, pursuant to subdivision 19(c) of
paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the
first bond anticipation note issued for each phase thereof.
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
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.
9.5 A Resolution Authorizing the Issuance of an Additional $51,000 Bonds of
the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the
Construction of Traffic Calming Measures in and for Said City
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof,
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds ofthe 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
construction of traffic calming measures, including incidental signage, on various City
streets, in and for the City of Ithaca, Tompkins County, New York, and including
incidental improvements and expenses in connection therewith, there are hereby
authorized to be issued an additional $51,000 bonds pursuant to the provisions of the
Local Finance Law, which specific object or purpose is hereby authorized at the new
maximum estimated cost of $153,000.
Section 2. The plan for the financing of such $153,000 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;
b) By the issuance of the $51,000 bonds of said City heretofore authorized to be
issued therefor pursuant to a bond resolution dated January 3, 2018; and
c) By the issuance of the additional $51,000 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 15 years, pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the
first bond anticipation note issued therefor.
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
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.
9.6 A Resolution Authorizing the Issuance of an Additional $7,190,000 Bonds
of the City of Ithaca, Tompkins County, New York to Pay Part of the City’s Share
of Improvements at the Ithaca Area Wastewater Treatment Facility, in and for Said
City.
WHEREAS, by a bond resolution heretofore adopted on January 3, 2018, the Common
Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of
$434,175 bonds of said City to pay the City’s share of the cost of the final design
engineering services for improvements at the Ithaca Area Wastewater Treatment
Facility (“IAWWTF”), in and for said City, and determined that the period of probable
usefulness thereof was five years, as a financing for the planning for the capital project
of such remediation; and
WHEREAS, it has now been determined that such authorization shall include the costs
of the capital project itself and that it is in the financial interest of said City to amortize
the serial bonds for a period in excess of five years, the period of probable usefulness of
said specific object or purpose being 40 years in accordance with the applicable
provision of the Local Finance Law; and
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
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 City’s share of the
cost of improvements to the Ithaca Area Wastewater Treatment Facility, including grit
system improvements, concrete restoration, influent building improvements, stair tower
replacement, site work, chemical unloading area improvements, vac-truck pad, weirs,
doors and other structural improvements, and incidental improvements and expenses in
connection therewith, in and for the City of Ithaca, Tompkins County, New York, there
are hereby authorized to be issued an additional $7,190,000 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 $7,624,175.
Section 2. The plan for the financing of such $7,624,175 maximum estimated cost is
as follows:
a) By the issuance of the $434,175 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 $7,190,000 bonds of said City herein authorized
for said specific object or purpose;
provided, however, that the amount of obligations ultimately to be issued for sai d
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 40 years, pursuant to subdivision 4 of paragraph
a of Section 11.00 of the Local Finance Law, computed from February 15, 2018, and
the period of probable usefulness of the bonds heretofore authorized for the final design
engineering services thereof is hereby increased to 40 years, pursuant to said
subdivision 4.
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
2) The provisions of law which should be complied with at the date of publication of
this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced within twenty
days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Local Landmark Designation of the Former Delaware, Lackawana &
Western Railroad Station at 701 West Seneca Street – Resolution
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 structures or resources as individual landmarks and historic districts
within the city; and
WHEREAS, on November 13, 2018, the ILPC conducted a public hearing for the
purpose of considering a proposal to designate the former Delaware, Lackawanna &
Western Railroad Station at 701 E. Seneca St. 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, 3, and 4 defining a
“Local Landmark,” under Section 228-3B of the Municipal Code and on November 13,
2018, voted to recommend the designation of the former Delaware, Lackawanna &
Western Railroad Station at 701 W. Seneca St.; and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning and
Development Board filed a report with the 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 was adopted by resolution at the meeting held
on November 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; now, therefore be it
RESOLVED, That Common Council [concurs/does not concur] with the findings
presented in the Planning and Development Board report, and finds that the proposed
designation [is/is not] compatible with and [will/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 Common Council [concurs/does not concur] with the findings of
the Ithaca Landmarks Preservation Commission and finds the former Delaware,
Lackawanna & Western Railroad Station at 701 W. Seneca St. [meets/does not meet]
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. Embodying the distinguishing characteristics of an architectural
style
3. is the work of a designer whose work has significantly influenced
and age; or
RESOLVED, That Common Council [approves/disapproves] the designation of the
former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. and
the adjacent areas that are identified as tax parcel #73.-5-2.1 as a local landmark.
TO: Members of the Planning & Economic Development Committee
FROM: Bryan McCracken, Historic Preservation Planner
RE: Local Landmark Designation of the former Delaware, Lackawanna & Western
Railroad Station at 701 West Seneca Street
DATE: November 27, 2018
At their regular monthly meeting on Tuesday, November 13, 2018, the Ithaca Landmarks
Preservation Commission (ILPC) held a public hearing to consider the designation of the former
Delaware, Lackawanna & Western (D.L.&W.) Railroad Station at 701 West Seneca Street as an
individual local landmark. At the conclusion of the public hearings, the ILPC recommended the
local designation of this historic resource by Common Council. The Commission found the
former D.L.&W. Railroad Station is eligible for local designation based on criteria 1, 3, and 4
established in Section 228-3 of the Municipal Code. Their findings are summarized in the
attached ILPC resolution adopted by unanimous vote on November 13, 2018; full documentation
of the resource’s architectural and historical significance is included in the attached Building-
Structure Inventory Form. Written public comments and the draft minutes from the public
hearing are also attached.
The ILPC’s consideration of the D.L.&W. Railroad Station as an individual local landmark was
initiated by a referral from Waterfront Working Group. As noted in the attached Waterfront
Working Group resolution, the former train station is listed as a “Historic Resource Worthy of
Further Research” in the group’s draft plan for the waterfront study area. The group requested
the ILPC review the potential historic value of the resource at this time due to recent
programmatic changes at the property that could result in physical alterations to the building.
As set forth in the Municipal Code, the Board of Planning and Development has filed a report to
the Common Council with respect to relation of the designation with the comprehensive plan, the
zoning laws, projected public improvements, and any plans for renewal of the site or area
involved. A copy of that report is attached. Supplemental information on local, state and federal
historic preservation incentive programs, including the local property tax exemption and State
and Federal Commercial Tax Credits, are also attached.
Common Council is now requested to act to designate, veto, or refer the designation back to the
ILPC for modification. A resolution is included in this packet for the Committee’s consideration.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
ILPC Meeting – 11/13/18
Resolution - RB
RE: Local Historic Landmark Designation of the former Delaware, Lackawanna & Western
Railroad Station at 701 West Seneca Street
RESOLUTION:
WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks Preservation
Commission (ILPC) may recommend the designation of historic landmarks and
districts of historic and cultural significance, and
WHEREAS, a public hearing held on Tuesday, November 13, 2018, for the purpose of considering
a proposal to designate the former Delaware, Lackawanna & Western (D.L.&W.)
Railroad Station at 701 West Seneca Street as a City of Ithaca landmark has been
concluded, and
WHEREAS, the ILPC has reviewed the New York State Building-Structure Inventory Form dated
September 1, 2002, including the Narrative Description of Property and the Narrative
Description of Significance prepared by Maria K. Meiser, and
WHEREAS, the designation of historic landmarks is a "Type II Action" under the New York State
Environmental Quality Review Act (Sec. 617.5(C)(30) and an "Unlisted Action" under
the City Environmental Quality Review Ordinance, (CEQR Sec. 176-2) for which no
further environmental review is required, and
WHEREAS, consideration of the former D.L.&W. Railroad Station as an historic resource was
recommended by the Waterfront Working Group in a resolution dated August 24,
2018, and
WHEREAS, the Waterfront Working Group’s resolution (attached) states “the former Delaware,
Lackawanna & Western Railroad Station at 701 West Seneca Street was identified as [a
resource that might have historical or architectural value] and the consideration of its
local designation is included as a recommendation in the draft plan,” and
WHEREAS, Section 228-3 of the Municipal Code defines the criteria for designation of an
individual landmark as follows:
1. 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
3. Embodies the distinguishing characteristics of an architectural style; or
4. Is the work of a designer whose work has significantly influenced an age; or
5. Represents an established and familiar visual feature of the community by virtue of
its unique location or singular physical characteristics.
Ithaca Landmarks Preservation Commission
Meeting Held Tuesday, November 13, 2018
Former Delaware, Lackawanna & Western Railroad Station
2
RESOLVED, that the Commission adopts as its own the documentation and information more
fully set forth in the expanded New York State Building-Structure Inventory Form
dated September 1, 2002, and be it further
RESOLVED, that the Commission has made the following findings of fact concerning the
proposed designation.
As described in the Narrative Description of Significance portion of the New York State
Building-Structure Inventory Form prepared by Maria K. Meiser and dated
September 1, 2002, the former Delaware, Lackawanna & Western Railroad Station is
a structure deemed worthy of preservation by reason of its value to the city as
enumerated below:
Per criterion 1, the former D.L.&W. Railroad Station possesses special historical
and aesthetic interest as a part of the development, heritage and cultural
characteristics of the City of Ithaca as an intact remnant of a historically
significant era of railroad transportation in Ithaca.
As noted in the Building-Structure Inventory Form, the D.L.&W. Railroad
Company shifted its focus from the transportation of regionally-mined
anthracite coal to passenger service in the early-twentieth century. This shift
resulted in extensive changes and improvements along the railroad line,
including standardized tracks, increased safety through the installation of new
signaling devices, modernized trains and stations, and hundreds of miles of
new track. Led by William Truesdale, the President of the D.L.&W. Railroad
Company between 1899 and 1925, this expansive campaign to modernize the
line was one of the most ambitious of the era and resulted in the
construction of 185 new train stations and freight depots and the installation
of over 900 miles of new railroad track. The former D.L.&W. Railroad
Station in Ithaca was constructed as part of this campaign and was
specifically designed to provide an impressive gateway into the community
and to meet the needs of the rapidly expanding Cornell student population.
New stations were also built along the mainlines to Buffalo and Syracuse, as
well as in Cortland, Owego, Whitney Point and Minetto. The improvements
to the D.L.&W. passenger line during this period improved connections to
Ithaca from other metropolitan areas and helped secure its status a major
regional hub.
Per criterion 3, the former D.L.&W. Railroad Station embodies the distinguishing
characteristics of an architectural style. The railroad station is an excellent, and
likely only, local example of the Prairie Style.
As noted in the Building-Structure Inventory Form, the Prairie Style
developed in Chicago and became popular during the first two decades of
Ithaca Landmarks Preservation Commission
Meeting Held Tuesday, November 13, 2018
Former Delaware, Lackawanna & Western Railroad Station
3
the twentieth century. Typical features of this architectural style include:
symmetrical, often square or rectangular, heavy massing with a strong
emphasis on horizontality; low-pitched, generally hipped roofs with wide
eaves; and multi-paned, casement windows and doors. The massing, roof
form and fenestration of the former D.L.&W. Railroad Station reflect these
important characteristics of the Prairie Style. The one-story, rectangular,
brick station is capped by a low-pitched, hipped roof with wide overhanging
eaves, creating a sheltered area along all sides of the building. The
horizontality of the brick building is emphasized by a water table and belt
course in a contrasting, light-colored cast stone material and a brick soldier
course along the tops of the doors and windows. The building’s paired
casement windows with triple-light transoms are also indicative of this style.
The building gains additional architectural significance from its architectural
references to Cornell University and Ithaca as a “college city.” Red, white,
and green Rookwood tile mosaics on the interior and exterior of the building
form small pennants that were intended to reflect the collegiate character of
the community. The property’s original “Cornell flagpole” also referenced
the university’s colors.
Per criterion 4, the former D.L.&W. Railroad Station is the work of a designer
whose work has significantly influenced an age. As noted in the Building-
Structure Inventory Form, the railroad station is characteristic example of the work of
Frank J. Nies, the official architect of the D.L.&W. Railroad Company between 1899
and 1925.
As noted in the Building-Structure Inventory Form, Frank J. Nies was a
Hoboken-based architect who designed numerous railroad stations and
buildings in New York, Pennsylvania, and New Jersey for the D.L.&W.
Railroad Company between 1899 and 1925. While Nies designed buildings in
several styles, the small passenger stations he designed for the D.L.&W.
Railroad Company are characterized by their distinct Priarie Style, an
architectural mode that became increasingly popular during his tenure with the
company. Examples of his work throughout the region exhibit a low,
elongated massing typical of the Prairie Style and detailing borrowed of the
Renaissance Revival and Arts and Crafts models. His major works include train
terminals in Newark, Morristown and Boonton, New Jersey, and Scranton,
Pennsylvania, and small passenger stations in communities throughout New
York, Pennsylvania and New Jersey.
RESOLVED, that the Ithaca Landmarks Preservation Commission, determines that based on the
findings set forth above, the former Delaware, Lackawanna & Western Railroad
Station meets criteria 1, 3 and 4 defining a Local Landmark as set forth in Section 228-
3 of the Municipal Code, Landmarks Preservation, and be it further
Ithaca Landmarks Preservation Commission
Meeting Held Tuesday, November 13, 2018
Former Delaware, Lackawanna & Western Railroad Station
4
RESOLVED, that the Commission hereby recommends the designation of the former Delaware,
Lackawanna & Western Railroad Station at 701 West Seneca Street, and the adjacent
areas identified as tax parcel #73.-5-2.1, as a City of Ithaca landmark.
RECORD OF VOTE:
Moved by: K. Olson
Seconded by: D. Kramer
In favor: K. Olson, D. Kramer, S. Stein, E. Finegan, A. Smith, S. Gibian, M.M.
McDonald
Against: 0
Abstain: 0
Absent: 0
Vacancies: 0
FOR OFFICE USE ONLY
BUILDING-STRUCTURE INVENTORY FORM
DIVISION FOR HISTORIC PRESERVATION
NEW YORK STATE PARKS AND RECREATION
ALBANY, NEW YORK (518)237-8643
UNIQUE SITE NO.
QUAD
SERIES
NEG. NO.
YOUR NAME: Maria K. Meiser DATE: September 1,2002
YOUR ADDRESS:106 W. Sibley Ha]]TELEPHONE:(607)255-4331
ORGANIZATION (if any): Corne]] University, Department of City and Regional Planning
************************************************************************
IDENTIFICATION
1.BUILDING NAME(S):Delaware,LackawaIma and Western Railroad Station
2.COUNTY:TOlnpkins TOWN/CITY:Ithaca VILLAGE:
3.STREET LOCATION:Fulton Street between Seneca and State Streets
4.OWNERSHIP:a. public []b.private [X]
5.PRESENT OWNER:Tonlpkins County Trust Conlpany
ADDRESS:700 State Street West, Ithaca, NY
6. USE: Original:Railroad Station Present: Bus Station
7.ACCESSIBILITY TO PUBLIC:Exterior visible from public road: Yes [X]No[]
Interior accessible:Explain Public access to bus station
DESCRIPTION
8.BUILDING
NIATERIAL:
9.STRUCTURAL
SYSTEM:
(if known)
a. clapboard []b. stone []c.brick [X] d.board and batten [ ]
e.cobblestone []f.shingles []g. stucco []other:
a. wood frame with interlocking joints [ ]
b. wood frame with light members [ ]
c.masonry load bearing walls [X]
d. metal (explain)
e. other
10.CONDITION:a.excellent [ ] b. good [X] c. fair [ ]d.deteriorated [ ]
11.INTEGRITY:
12. PHOTO:
a. original site [X] b.moved [ ]if so, when?
c. list major alterations and dates (if known):
See Continuation Sheet
13. MAP:
14.THREATS TO BUILDING:a.none known [X] b.zoning []c.roads []
d.developers []e.deterioration [ ]
f.other:current function n1aybe tern1inated
15.RELATED OUTBUILDINGS AND PROPERTY:
a.barn []b,carriage house []c.garage [ ]
d.privy []e.shed []f.greenhouse [ ]
g.shop []h.gardens [ ]
i.landscape features:non-contributing parking lot
j.other:adjacent single-stolY building ca.1966
16.SURROUNDINGS OF THE BUILDING (check more than one if necessary):
a.open land []b.woodland [ ]
c.scattered buildings [ ]
d.densely built-up []e.commercial [X]
f.industrial []g.residential [ ]
h.other:
17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS:
See Continuation Sheet
18.OTHER NOTABLE FEATURES OF BUILDING AND SITE
(including interior features if known):
See Continuation Sheet
SIGNIFICANCE
19.DATE OF INITIAL CONSTRUCTION:May-December,1912
ARCHITECT:Nies,Frank J.,Hoboken,NJ; Ray,George J.,Chief Engineer
BUILDER:Badgley Contracting Co.,Binghamton,NY
20.HISTORICAL AND ARCHITECTURAL IMPORTANCE:
See Continuation Sheet
21.SOURCES:
See Continuation Sheet
22.THEME:
Continuation Sheet,Page I
Delaware,Lackawanna &Western Railroad Station
Ithaca,New York
]Ic.J\iJAJOR ALTERATIONS AND DATES:
Post-I956,
Prior-1983:Green Spanish-type tile roof replaced with asphalt.
Removal of square brick piers with lanterns atop, two along the north
line of West State Street, two along the south line of West Seneca Street.
Possible alteration of bathroom and lighting fixtures,electrical wiring,
heating and ventilation ducts and systems.
Wood paneled entrance doors with inset panes of glass on east and west
sides replaced with metal-framed glass doors.
19'platform along west side of station removed along with railroad
tracks;replaced by asphalt pavement parking lot.
Ca. 1958:Building constructed on south side of station,over designated lawn and
garden area on the original plan.Flagpole remained.Building demolished
between 1983 and 2000.
Ca. 1966:Building constructed on north side of the station for Tompkins County
Trust Company branch office;removal of n011h flagpole;removal of
three windows in north wall, filled in with concrete blocks and cement.
Continuation Sheet, Page 2
Delaware, Lackawanna & Western Railroad Station
Ithaca, New York
12. PHOTOGRAPHS
West façade – August 2018
Detail: Tile Mosaic – August 2018 Detail: Paired Windows – August 2018
Continuation Sheet, Page 3
Delaware, Lackawanna & Western Railroad Station
Ithaca, New York
13. MAP
Continuation Sheet,Page 444
Delaware,Lackawanna &Western Railroad Station
Ithaca,New York
17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS:
The DL&W Railroad station is located on Fulton Street between State and Seneca
Streets in Ithaca.It is located in a commercial district and is superficially connected to
a branch office of the Tompkins County Trust Company.The adjacent bank is located
at the n011h end of the building.The DL&W Railroad station is situated on the west
portion of the property,centered between West State and Seneca Streets.The
entrances to the station are on the east and west sides of the building.
18.OTHER NOTABLE FEATURES OF BUILDING AND SITE
Exterior:
The DL&W Railroad station is a I-story,Prairie-style brick rectangular building
located at 700 W.State Street in Ithaca.The station is 5-bays long and I-bay (26 feet)
wide,and it is oriented lengthwise from north to south,with an entrance on both the
east and west sides.The station is set parallel to Fulton Street,and is set back in the
center of the lot. On the north side, the station is adj acent to another I-story brick
building of similar massing.
The roofis a hipped-gable,low-pitched roof with wide overhanging eaves,creating
shelter along all sides of the building.The roof is covered with asphalt.A square brick
chimney rises at the ridge toward the center of the building.The wide overhanging
eaves have wooden board soffits supported by thick and wide molded consoles and
brackets.The consoles are evenly spaced approximately 10 feet between,
The plan of the station is rectangular with the exception of a bay on the west side of
the building that projects a couple of feet from the western wall plane. The exterior
walls are red brick,constructed in a Flemish bond pattern,with a slightly rusticated
poured concrete course along the foundation and another course at the level of the
window sills. A decorative course of soldier bricks met at COIners with poured
concrete accents surround the building at the heads of the doors and windows.
With the exception of side lights,the doors and windows are arched. The wooden
frames are set into the brick exterior,and the window sills are poured concrete,
generally along the middle belt course.On the south side of the station,there are
paired casement cottage windows with 2 panes above each sash; to each side there is a
tall and narrow side light with 1 pane above each sash. On the north side,there is
evidence visible from the interior of an identical window pattern that is now walled up
'with concrete blocks and cement.There is no exterior access to the n011h elevation of
the station.
Continuation Sheet,Page 3
Delaware,Lackawanna &Western Railroad Station
Ithaca, New York
The east elevation,fr0111 south to n011h,has a single-man door with 3 panes divided by
horizontal muntins set into a wooden frame. Four arched transom lights are above the
door. To the right is a set of paired casement windows,in the same configuration as on
the south elevation.Two sets of smaller paired casement windows are positioned in
line with the headers of the doors and larger casement windows,with their sills higher
up on the wall and no horizontal sash.Toward the center of the east side, there is a
double door opening,with metal-framed glass doors set within a wooden frame with a
crown of 8 arched transom lights. On either side on the door, there are pairs of
casement windows that match those on the south elevation.Towards the north end of
the east side, there are two double door openings. The door closer to the center of the
east elevation has a wooden paneled lower half, with glazing in the upper half. Six
lights are stacked on either side of a vertical muntin,forming an arch at the top. The
northern door on the east elevation is similar in form,except that the paired man doors
are not paneled and are taller,with only three transom lights above each door.
The west elevation of the station is nearly identical in reverse of the east elevation.
Two double doors are at the northern end of the west elevation,with the same paneling
and transom light configurations.There is a double door entryway towards the center
of the west elevation,opposite the entry on the east elevation,with a set of paired
casement on either side.Toward the south end of the west elevation,there is a single
man door with 3 horizontal panes and tranS0111 lights above and a pair of casement
windows exactly opposite the door and window on the east elevation. There is a
rectangular,shallow bay that extends out from the west elevation and has a pair of
casement windows with four transom lights, divided horizontally,above and tall and
narrow,rectangular cottage windows on either side. In the short n011h and south walls
of the bay, there is one rectangular window with a fixed light above.
Special tilework is set into the exterior walls as decoration on either side of the central
entries on the east and west sides of the station and on the south side on either side of
the centered windows.The tiles are green, red and white,with the red and white
alternating and forming a diamond within a green border.On the south elevation,the
tilework and diamonds are oriented vertically. On each side of the entries on the east
and west elevations,the diamonds are oriented horizontally.The red and white
pennant thorne is repeated in the interior decoration of the station,as well.
The lighting for the exterior of the building consists of large, white globe lights that
are suspended,fr0111 the soffit of the eaves, over each door on the east and west
elevations and to either side of the windows on the south elevation.
The exterior of the building,with the exception of the metal-framed glass entry doors,
matches the original 1912 design.
Continuation Sheet,Page 4
Delaware,Lackawanna &Western Railroad Station
Ithaca,New York
20.HISTORICAL AND ARCHITECTURAL IMPORTANCE:
The DL&W Railroad Station is an intact remnant of a historically significant era of
railroad transportation in the United States. It is one of the few lasting monuments of a
company that linked Ithaca to the industrial network of the Northeast United States.
Built by the DL&W Railroad Company in 1912, the Station became part of Ithaca's
long railway history that began in 1828.
The line that the DL&W Station served extended between Ithaca and Owego,and was
the original route of the Ithaca &Owego Railroad Company,charted in 1828 by the
State of New York. It was the second railroad established in the State and began
running in 1834.Local figures,1110St notably Simeon DeWitt,invested in the SChe1TIe
as a means to connect the Erie Canal and the Susquehanna River and to compete with
traffic through other neighboring towns.Though the Ithaca &Owego Railroad
Company failed shortly due to insolvency,the route would persist under new
management,
In the late 19
th century,the anthracite coal industry was flourishing through
Pennsylvania,The railroads had a staked claim in the success of the coal industry and
opened thousands of miles of track for its transportation.George W.Scranton
expanded lines through the New York and Pennsylvania area and took notice of the
Ithaca &Owego line,which became the Cayuga &Susquehanna Railroad Company in
1843. The route through Ithaca to a barge system up Cayuga Lake to enter the Erie
Canal was a profitable means of transporting coal and freight. The Delaware &
Lackawanna Railroad Company, founded in 1853,acquired the line through an
extended lease lasting 99 years from 1855 and the Ithaca to Owego route became the
Cayuga Division,or Ithaca Branch,of the DL&W.1
Into the zo"century,the DL&W primarily transported anthracite coal and freight
along the Ithaca Branch,but as the connection to the Erie Canal via Cayuga Lake
became obsolete,the focus on passenger service,in particular the needs of Cornell
University students,increased.In 1899, the President of the DL&W Samuel Sloan
retired and a new era for the DL&W began with the appointment of William
Truesdale.Truesdale campaigned for and accomplished extensive changes along the
railways,including uniformity of tracks,safety measures in new signaling devices,and
the modernization of trains and stations.During Truesdale's tenure as President of the
DL&W,185 new train stations and freight depots were built.'The DL&W Railroad
Station in Ithaca was part of this sweeping overhaul,which also produced new stations
along the DL&W's mainlines to Buffalo and Syracuse,as well as in nearby Cortland,
Owego,Whitney Point and Mjnetto.3
I Taber,p.212.
Casey,ps. 103-107.
.Lackawanna Route in Central New York,p.4,14.
Continuation Sheet,Page 5
Delaware,Lackawanna &Western Railroad Station
Ithaca,New York
The new station was to be built on the location of the old freight depot,which had
"been an eyesore to all Ithacans for many years."!In early May, 1912, the Badgley
Contracting Company of Binghamton was hired to transfer the old freight depot
building across Seneca Street and build a concrete foundation for it to rest upon.
According to the Ithaca Daily J ournal,the prospect of the new station created hope for
the otherwise rundown western section of Ithaca:"The new Lackawanna Railroad
station ...will...greatly enhance the beauty of the western section of the city and will
be an object of pride to the citizens of Ithaca as well as the railroad company."?Plans
for lawns,flower beds,walkways and drives were added features to the new station to
irnprove the vestiges of the old freight depot coal yard.
The architect of the new station,Frank J. Nies, was the official architect for the
DL&W Railroad Company,Based in Hoboken,New Jersey, he designed stations for
cities and stops along the DL&W routes throughout New Jersey,New York and
Pennsylvania during the railroad s reconstruction period from 1899-1925.6 Significant
projects by Frank J.Nies included the Boonton Railroad Terminal in New Jersey and
the Cortland and Syracuse DL&W stations in New York.Nies incorporated similar
features into each design for the DL&W stations with Prairie-style massing and details.
The Prairie-style in architecture was popularized approximately between 1900 and
1920,developing in Chicago and spreading both East and West.Typical features of
the Prairie style include symmetrical,often square or rectangular,heavy massing with
an emphasis on horizontality,low-pitched,generally hipped roofs with wide eaves,
and multi-pane casement windows and doors. The physical description of the DL&W
Railroad station in Ithaca demonstrates the characteristics of this significant
architectural style.from the early part of the zo"century.Secondary details of the
original design,including the ceramic tile roof and the large brackets supporting the
eaves,reflected a borrowing of features from the Italian Renaissance,a contemporary
style.'
""Breaks Ground ..."Ithaca Daily Journal,9 May 1912.
5 Ibid.
(,Frank J.Nies is credited for several of the DL&\\T's train stations throughout New Jersey and New York.
The New Jersey State Historic Register has several of his buildings listed and the Boonton Railroad Terminal
was nominated to the National Register of Historic Places in 1976.
7 Refer to Virginia &Lee MacAlesters A Field Guide to American Houses (New York:Alfred A.Knopf,
2000)or Leland M.Roth's A Concise History of American Architecture (Boulder,CO:Westview Press,
1980)for more detailed information of the development of the Prairie style and specific stylistic
characteristics.
Continuation Sheet,Page 6
Delaware,Lackawanna &Western Railroad Station
Ithaca,New York
The DL&W Railroad station was anticipated to be "modern in every respect and
facility,"and with the surrounding grounds,"expected to be among the handsomest on
the road.,,8 On December 20, 1912, the new station commenced passenger service "as
a Christmas present to the city of Ithaca.,,9 The station featured a smoking room on the
south side,24'x26';a baggage room with the same dimension on the north side; a
spacious waiting rOOI11 in the center,36'x26';an office with a ticket counter;
convenient restrooms;two telephone booths;and a newsstand,Finishes of "egg shell
oak"and mahogany lined the r00111S and seating included "high back seats ...two large
lamps finished in art glass and hammered brass."lo Details in the waiting room
included "two large time table racks built into the wall and constructed of ornamental
rockwood tile in green and red,"an ornate drinking fountain,and "small pennants of
red,white and green ...placed on the walls of all the rooms in recognition of this being
a college city."!'This recognition of the colors of Cornell University extended to the
"Cornell flagpole"just off the south end of the station.The flagpole,along with most
of the original materials,have remained intact.
The DL&W station remained intact during its years of operation,from 1912 to 1942.
The decline of the railroad across the United States equally effected the DL&W
Railroad Company,and by 1942, the passenger service froIn Ithaca to Owego was
cancelled.Bus service replaced the trains except for special holiday trains aimed at the
Cornell University students.At the time of the passenger service termination,the
Ithaca Branch was transporting a weak average of 36 persons each day.'2 On March
30, 1942, the last regularly scheduled train left the station at 12:30 pm and returned
from Owego at 5:1°pm. A large turnout of former employees and citizens
sentimentally bid farewell to the Delaware,Lackawanna and Western Railroad,which
had provided vital service to Ithaca for nearly a decade.
After passenger service ceased,the DL&W continued its freight route until the
dissolution of the company.The true end of the DL&W Railroad occurred on
December 5, 1956,when its remaining holdings were transferred to the Lehigh Valley
Railroad.The last train departed Ithaca at 4:20 pin: "It was only a freight but a
symbolic train nevertheless;made up of a caboose,three gondolas of scrap and three
box cars bearing the battered and time worn equipment from the Lackawanna's Ithaca
freighrhouse office and sheds ...Desolated yards, a long unused passenger station and
a freighthouse constructed of heavy wooden beams attesting its age were left behind
by the shabby freight. ..What ultimate fate awaits Lackawanna landmarks rests with
the Lehigh Valley Railroad CO.,,13 The Lehigh Valley Railroad Co.used portions of
the old DL&W rails,but the station was under lease to the Lackawanna Feed Co., Inc.
14and the Cayuga LU111ber Co. for storage.
f;"Lackawanna Station to Be Model Building."Ithaca Daily Journal,18 May 1912,p. I.
<)"New Lackawanna Station Opened ..."Ithaca Daily Journal,20 December 1912,p. 9.
10 Ibid.
11 Ibid.
12 "50 'Mourners'..."Syracuse Standard,30 March,1942,p. 1.
13 "Seven-Car Train puns ..."The Ithaca Journal,5 December 1956,p. 5.
14 According to deed records in the County Clerk's Office,the lease to the Lackawanna Feed Co.and the
Lumber Co.transferred to the Valley Railroad Company with the passenger station.
Continuation Sheet,Page 7
Delaware,Lackawanna &Western Railroad Station
Ithaca,N ew York
The Lehigh Valley Railroad eventually terminated service in Ithaca, as well, and the
lot on Fulton Street between State and Seneca Streets including the DL&W Railroad
station was sold. The station had no new permanent function until Greyhound Bus
Lines acquired it to serve as a bus terminal in 1967.Meanwhile,two structures were
built around the station,one on the south end in 1958 and another on the north end in
1966.15 Both structures were designed to complement the station,being constructed in
brick with similar massing and rooflines.Each building was designed for commercial
use; on the north,the building was and remains a branch of the Tompkins County
Trust Company;and on the south, the building at one point housed a doughnut shop
but has since been demolished.After Lehigh Valley terminated its use of the railways,
the 19-foot platform on the western,trackside of the station was removed along with
remaining tracks and the surrounding lot was paved and remains a parking lot.During
this period,the tile roof that characterized the style repeatedly used by DL&W
architect Frank J.Nies was finally replaced with asphalt.
Despite the changes made around the DL&W Railroad station,the station itself shows
no appearance of significant alteration,except for the removal of three windows on the
north wall,which are now walled in with concrete blocks where it is abutted by the
south wall of the adjoining Tompkins County Trust Company branch office. The
entrance doors on the east and west walls have been replaced with metal framed glass
doors,but the penetrations and windows are original.So much of the DL&W Railroad
station's original materials and integrity remains that it is an excellent representative
structure of the Prairie style tied to the history of Ithaca and the Delaware,Lackawanna
&Western Railroad.
15 p.63.
Continuation Sheet,Page 8
Delaware,Lackawanna &Western Railroad Station
Ithaca,New York
21.SOURCES:
"50 'Mourners'Take Ride to Owego and Return on Last DL Passenger Run."Syracuse
Standard,30 March 1942,p. 1.
"Breaks Ground for Lackawanna Railroad Depot."Ithaca Daily Journal,9 May 1912,p.
3.
Casey,Robert and W.A.S.Douglas.The Lackawanna Story.New York:McGraw-Hill
Book Company.IvS'l.
"Contract is Let for New Station."Ithaca Daily Journal,2 May 1912,p. 9.
Hesch,Merrill and Richard Piper.Ithaca Then &Now.Ithaca:McBooks Press,1983,
pgs.62-63.
"Ithaca-Owego Railroad Second to Be Chartered in State."The Ithaca Journal,31
March,1942,p. 5.
King,Sheldon S.The Route of Phoebe Snow:A Story of the Delaware,Lackawarma
and Western Railroad.Flanders,NJ:Railroad Avenue Enterprises,1986.
Lackawanna Route in Central New York.Marcellus,NY:National Railway Historical
Society,Inc.,1977.
"Lackawanna Station is Nearly Complete."Ithaca Daily Journal,5 September 1912,p.
"Lackawanna Station to be Model Building."Ithaca Daily Journal,18 May 1912,p. 1.
"Lackawanna to Start Bus Schedule."The Ithaca Journal,28 March 1942,p. 3.
Lee,Hardy Campbell,A History of Railroads in TOlnpkins County.Ithaca:DeWitt
Historical Society of Tompkins County,1977.
"New Lackawanna Station Opened to Public Today."Ithaca Daily Journal,20
December 1912,p. 9.
"Seven-Car Train Pulls DL&W Out of Ithaca."The Ithaca Journal,5 December,1956.
Sisler,Carol U.,Margaret Hobbie,and Jane Marsh Dieckmann,eds.Ithaca's
Neighborhoods.Ithaca:DeWitt Historical Society of Tompkins County,1988.
Taber,Thomas.The DL&\V in the Nineteenth Century.Muncy,Pa:Thomas T.Taber
111,1977,ps.207-217,269.
*Excerpt of ILPC minutes from November 13, 2018*
B. The former Delaware, Lackawana & Western (DL&W) Railroad Station, 701 W.
Seneca Street – Proposed Individual Landmark Designation
Historic Preservation Planner B. McCracken explained that the ILPC is reviewing the
nomination of the former railroad station per a recommendation from the Waterfront Working
Group, which is working to develop a neighborhood plan for the Waterfront.
B. McCracken then gave a brief presentation on the former railroad station, which was designed
by Frank J. Nies and built in 1912. He said it is a one-story building with a low-pitched, hipped
roof. It has segmental arch door and window openings, with most of the windows being
casements with divided-light transoms above. The exterior is adorned with some Rookwood
mosaic tiles that reflect the presence of Cornell University in the community, and were intended
to incorporate the feel of the community into the design of the building. The station was
designed to be a grand welcoming feature to arriving travelers. He also said that the station has
large brackets supporting wide overhanging eaves designed to protect people as they waited.
B. McCracken explained some of the history of the DL&W Railroad, saying that the company
was part of an extensive rail network that was used to distribute Pennsylvania coal to the broader
region. He said that the DL&W company acquired the line that was used to transport coal to
Ithaca, from which it was loaded onto barges and transported up Cayuga Lake to the Erie Canal
and then on to the entire Northeast. He said coal made the line lucrative and allowed it to operate
until the early 20th Century when the Canal fell out of favor. At that time, the company
transitioned to primarily offering passenger service.
B. McCracken explained that William Truesdale became president of the DL&W Railroad in
1899, and under his leadership the lines were modernized. He added more than 900 new miles of
track, standardized the size and gauge of rails, straightened numerous curves for faster transports,
and added safety features at crossings. He said his efforts were ambitious and were used as a
model by other companies of the era. B. McCracken said that Ithaca’s train station was designed
and built as part of that modernization campaign.
B. McCracken next discussed the criteria for designating an individual local landmark, saying
that he had identified three that applied in this case, but noting that other criteria might also be
included in the resolution if the Commission members think they are applicable.
Criterion No. 1. is as follows: “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.” McCracken said that the Ithaca railroad station is significant for its association with the
extensive rail network that would have allowed a person in the early part of the 20th Century to
travel almost anywhere in the Northeast. He said it is also significant for its association with
William Truesdale who was the driving force behind the DL&W Railroad’s improvement
campaign.
Criterion No. 3 is as follows: “Embodies the distinguishing characteristics of an architectural
style.” B. McCracken said that the building is also significant for its representation of the Prairie
Style in Ithaca. The Prairie Style was developed in Chicago by a group of architects looking for a
way to represent the flatness and the aesthetic of the prairie. It incorporates elements of the Arts
and Crafts style, with an emphasis on craftsmanship, detailing, and handwork. The building has a
water table and a belt course in a contrasting cast stone material, which emphasizes its
connection to the ground and its horizontality. Along the eaves is a soldier course, which further
emphasizes its horizontality, as do the wide eaves. The fenestration is also typical of the Prairie
Style, with casement windows in ribbons or simple pairs. With respect to ornamentation and
detailing, the building gains additional significance from the incorporation of pennants and
banners in Rookwood tiles, a reference to Cornell University.
Criterion No. 4 is as follows: “Is the work of a designer whose work has significantly influenced an
age.” B. McCracken showed a photo of the DL&W Railroad station in Morristown, Pennsylvania
alongside a photo of the Ithaca station and said that the two buildings – both designed by Frank Nies
– share a number of features: both buildings have a Flemish brick pattern, both are in the Prairie
Style with wide overhanging eaves and large brackets, both have belt courses and water tables to
emphasize their horizontality, and both use a segmental arch in their doors and windows. He said
this designer not only designed Ithaca’s station but also grander stations in more major metropolitan
areas. This designer created dozens of stations for the DL&W Railroad, and many of them are on
the National Register. His biography is not well known, and there is not an extensive list of his
works, but we know he was based out of Hoboken and was hired by the railroad company to design
new passenger stations, as well as freight buildings and other railroad resources.
Finally, B. McCracken reviewed major alterations to the resource. He said that one piece that is
missing is its site, noting that when the building was designed, it was intended to be a grand
entrance to the community, and there were elaborate gardens and other features associated with the
building. He said that most of those features were subsequently removed, although the flagpole
remains. Another major alteration is the roof, formerly a green terra cotta that was removed at some
point in the mid-20th Century and replaced with asphalt shingles. He noted that the Morristown,
New Jersey station, previously referenced, still has the original glazed tile roof and said that it was a
feature common to many of Nies’ designs, but unfortunately, is no longer intact on the Ithaca
building. He also said that one other alteration to the site is the removal of the tracks to the west of
the station which were the ones associated with the station itself. The tracks to the east of the
building that can be seen today were not actually associated with the station. He concluded by
saying that the Tompkins Trust Company addition at the north end of the building is another
significant alteration to the site, but noted that it’s actually a separate building, connected by a fence
and that several windows of the train station were filled in with blocks as part of its construction.
B. McCracken then asked the Commission members if anyone had any questions or comments.
K. Olson asked if there were any other examples of Prairie Style architecture in Ithaca.
B. McCracken said he was not sure. They then directed the question to City Historian Mary
Tomlan.
M. Tomlan said she was not sure either, and that there was a fraternity house designed by a Prairie
School architect, but that there seem to be very few, if any, other good examples of the style here.
M. Tomlan remarked that this building could be the only extant example of the Prairie Style in the
City.
K. Olson asked if there were any other train stations in the City landmarked.
B. McCracken said yes, the former Lehigh Valley Railroad Station has also been landmarked and
that that was one of the first properties in the City to be designated (in 1974).
Public Hearing
On a motion by M.M. McDonald, seconded by S. Stein, Chair E. Finegan opened the Public
Hearing.
Michael Cannon of 409 W. Buffalo Street said he works for Tompkins Trust Company
(business that owns the former train station) and lives just a few blocks away. He said he is
proud to say that they did not screw the building up. He said they would like to slow the process
of designation, and they are looking for a developer for the site. He said they would take the
historic fabric into account in any development that is done. He said he served with Mary
[Tomlan] on the ILPC about 20 years ago, and it’s great to see her here tonight. He thanked the
ILPC members for their time and asked if they had any questions.
D. Kramer asked if plans for redevelopment of the site would include leaving the building.
M. Cannon said yes, they would expect that, and they are expecting a designation, but they were
hoping to be involved in developing the site without the designation going through as quickly as
it is. He said there are no plans currently, and they have not yet found a developer.
D. Kramer said the ILPC usually works with developers, and he thinks they would be friendly to
the notion.
S. Gibian asked if they were planning to keep the West End branch open for the foreseeable
future.
M. Cannon said yes, they have no plans to remove that. It’s the most trafficked branch in the
network.
Christine O’Malley of Historic Ithaca said they had submitted a letter from Executive Director
Susan Holland earlier in the day expressing support for the designation (attached). She said
Historic Ithaca supports the designation for the reasons B. McCracken has previously identified.
She also said that many communities across the United States have former railroad stations that
have been adaptively reused successfully. She said that in addition to banks and schools, railway
stations are probably in the top five of historic structures most often adaptively reused. You see
them used as restaurants, bookstores, art galleries, banks, offices, and for other uses. She said she
thinks the building is a suitable candidate for successful reuse, and whomever acquires the
building could avail themselves of resources like Restore New York grants or historic tax credits.
She said that in other locations, train stations have become part of a larger complex of buildings
in an appropriate fashion, so they think there are a lot of possibilities for this building, given the
size of the site. She said Historic Ithaca supports designation, and they think the site could
contribute to the economic development of the West End and of the Waterfront corridor.
Mary Tomlan, City Historian, spoke in favor of the designation of the former DL&W station.
She said she supports designation first on the grounds of architectural style. She said she has
racked her brain for another good example of the Prairie Style in Ithaca has not come up with
one (though she would be happy if somebody could prove her wrong). She said the railroad
station seems to be a particularly good example of the style, with its horizontal lines, broad
eaves, low pitched, hipped roof, and Craftsman details, with materials being important. She said
that though it was not a prominent style in Ithaca and was not a long-lived style before getting
merged into “modernist” architecture, it is a style recognized by many, both laypersons and
professionals. She said she thinks it’s important to preserve the building as an example of the
style. She said she also supports designation because of the building’s use. She said that though
there are three former railroad stations in the greater Ithaca area, and one of them is already
designated, this one is still worthy of designation. Railroads were historically very important as a
means of transportation, and that they were used for shipping goods in and out, as well as serving
passengers.
Gene Endres of 126 Sears Street also spoke in favor of designation. He said that he is the
secretary and historian for the Cornell Railroad Historical Society and that their organization
strongly supports designation. He said that they appreciate that the station is still in existence and
that it’s actually very close to the location of the very first railroad in Ithaca – and the first
railroad in the history of New York, by charter, which went up South Hill. He said that initially
the system used inclined planes to haul cars up the hill, and later utilized a series of switchbacks.
He said that unfortunately that section of track led to early trains being rather slow to leave
Ithaca, which led to the Lehigh Valley Railroad taking over most of the business. He said that
even so, at the time this building was built in 1912, the DL&W Railroad styled itself as the most
highly-developed railroad in America. The company had made a great deal of money from the
anthracite coal business and, thus, built to a very high standard. He said that the building, though
for a relatively small-town station, is very well constructed. He said he has traveled much of the
DL&W lines from New Jersey to Buffalo, and many later stations were built of cast concrete and
nowhere near as handsome as this building. He said that though quite a few of these stations are
still standing, very few of this size still exist, so the station in Ithaca is unique. He said the tile
accents are very nice, and he noted as well that very few changes were made over the years, so
what you see is pretty much what was always there. He said that the bay window on the west
wall is where the operator would have worked, and he could have seen a train approaching from
far to the south of the site. He said also that many of the interior features are original and said
that his organization has long appreciated that it’s still here. He concluded his remarks by
thanking the Commission.
S. Gibian asked if Ithaca was the end of the line.
G. Endres said yes, it ended here, and he added that they stopped passenger service around 1940,
and freight service until around 1950.
There being no more members of the public appearing to speak, Chair E. Finegan closed the
Public Hearing on a motion by M.M. McDonald, seconded by D. Kramer.
S. Gibian asked if the interior is something they can consider.
B. McCracken said that it’s not something they can regulate if it’s designated, so he recommends
that they just look at the exterior integrity, but it should be noted that the interior of the building
has incredible architectural integrity.
K. Olson said that Greyhound had operated there since 1967, and she thinks the transition from
railroad to an alternate form of mass transit is also notable.
M.M. McDonald agreed, saying the original use of the building as a train station had a
connection to the canal, and that that piece is the next chapter of the transportation story.
K. Olson said yes, the building provided people going to NYC on the bus much of the same
functionality as it did for people traveling via train in the past. It’s lovely for the building to have
such a transition to a compatible use.
Chair E. Finegan asked if there was anything else the Commission needed to do at that point.
B. McCracken said they could consider the draft resolution in front of them and add additional
criteria to it if they saw fit to do so.
212 Center St. Ithaca, NY HistoricIthaca.org (607) 273-6633
November 13, 2018
Bryan McCracken, Historic Preservation Planner and
Ithaca Landmarks Preservation Commission
City of Ithaca
108 E. Green Street, 3rd Floor
Ithaca, NY 14850
Re: Statement of Support for Local Landmark Designation for the former Delaware, Lackawanna & Western
Railroad Station, 701 West Seneca Street
Dear Bryan and ILPC Members:
On behalf of Historic Ithaca, I would like to submit this letter of support for the local landmark designation
of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street.
As outlined in the documentation submitted to the ILPC, this nomination meets the requirements presented
in criterion 1, criterion 3 and criterion 4 of our local preservation ordinance. This building was an important
piece of the once large railroad network that crossed our state and connected multiple communities and
cities. This station played an important and vital role in the development of the modern city of Ithaca in the
early twentieth century. This Prairie Style brick station remains in very good condition with its red, white
and green Rookwood tile mosaics intact. More than mere decoration, the tile mosaics make a specific
connection to Cornell University and the many students who passed through this station. The building is
excellent example of the work of architect Frank J. Nies, who designed many railroad stations for the
company between 1899 and 1925.
Many communities throughout the United States have former railroad stations that have been adaptively
reused to serve a new purpose. These buildings now operate as restaurants, banks, art galleries, offices and
any number of other viable businesses. This building is a suitable candidate for successful reuse and can
continue to contribute to the economic development of the West End and waterfront corridor of Ithaca. We
urge the ILPC to support the local landmark nomination of 701 West Seneca Street, allowing this property to
be properly recognized for the valuable role it has played in our local history and the history of railroads in
New York State and the Northeastern United States.
We hope that you will vote for the designation of this worthy property so that it can be recognized as an
important part of Ithaca’s built heritage.
Respectfully submitted,
Susan Holland
Executive Director
August 24, 2018
Waterfront Working Group
RESOLUTION: Recommendation to Consider the Designation of the Former
Delaware,
Lackawanna, & Western Railroad Station at 701 West Seneca Street as an
Individual Local Landmark
WHEREAS, the Waterfront Working Group was established to develop an area plan for the
waterfront study area, with the specific charge to “outline desired land uses for the waterfront area”
and “address issues related to a broad range of topics,” and
WHEREAS, as part of the execution of this charge, the group has reviewed the topic of historic
preservation as it relates to the study area and found the preservation of significant historic
resources an important part of the land use plan for the study area, and
WHEREAS, the group has identified a few resources that might have historical or architectural
value and has incorporated a list of these “historic resources worthy of further research” into the
draft plan for the area, and
WHEREAS, the former Delaware, Lackawanna & Western (DL&W) Railroad Station at 701 West
Seneca Street was identified as one of these resources and the consideration of its local designation
is included as a recommendation in the draft plan, and
WHEREAS, recent programmatic changes at the former DL&W Railroad Station could result in
physical changes to this potentially historic resource in the near future and before the adoption of
the draft plan by Common Council, and
RESOLVED, The Waterfront Working Group requests that the Ithaca Landmarks Preservation
Commission review the New York State Historic Structure Inventory Form for the former
Delaware, Lackawanna & Western Railroad Station at 701 West State Street to determine if this
resource meets criteria for local designation, and be it further
RESOLVED, that, if the resource does meet criteria for local designation enumerated in Section
228-3 of the City of Ithaca Municipal Code, the Waterfront Working Group supports and
encourages the local designation of the former DL&W Railroad Station as an individual local
landmark and encourages the ILPC to make a recommendation to Common Council to designate
the resource as such.
RECORD OF VOTE:
Moved by: Laura Lewis
Seconded by: McKenzie Jones
In Favor: passes unanimously
Steve Flash, Laura Lewis, Steve Flash, McKenzie jones, Sam Buggelin, George McGonigal, Cheryl
Barton, Patrice Lockert-Anthony
1
Proposed Local Historic Landmark Designation of the Former Delaware, Lackawanna, & Western
Railroad Station at 701 West Seneca Street
Board of Planning & Development, Meeting Held November 27, 2018
Moved by Jones, seconded by Johnston and unanimously approved
At the regular monthly meeting on November 13, 2018 the Ithaca Landmarks Preservation
Commission (“ILPC”) by unanimous vote recommended designation of the Former Delaware,
Lackawanna, & Western Railroad Station at 701 West Seneca Street as an Individual Local Landmark.
A map showing the location of the station and a summary of its historic and architectural significance
are found in the Building Structure Inventory Form and other information provided by the ILPC to
support the recommendation to designate the structure.
As set forth in Section 228-3 of the Municipal Code, Landmarks Preservation,
“The Planning Board shall file a report with the Council with respect to the relation of such
designation to the comprehensive plan, the zoning laws, projected public improvements, and
any plans for the renewal of the site or area involved.”
The following report has been prepared to address these considerations.
1. Relation to the Comprehensive Plan
The City of Ithaca adopted “Plan Ithaca” as Phase I of the Comprehensive Plan on August 17, 2015,
which identifies the goals of the waterfront mixed use area as the creation of a mixed use district,
including commercial and housing with an emphasis on uses that create an active waterfront
environment. To develop recommendations for the plan and for the zoning, the City established a
waterfront working group made up of 17 members of the public and City Planning Staff. Designation
of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street is
supported by the waterfront working group and is consistent with the waterfront land use plan
developed for the area and adopted by Common Council on August 2, 2017.
“Plan Ithaca” offers the following goals and recommendations related to Historic Preservation:
5.2.2 All historic resources worthy of preservation will be protected, whether formally
designated or not.
5.2.4 Existing historic buildings will be rehabilitated or adaptively reused rather than
demolished.
5.2.5 New construction within or adjacent to historic districts or individually listed landmarks
will be compatible with the existing built environment.
5.2[C] Continue to designate resources identified as historically or architecturally significant.
5.2[Q] Use patterns of traditional design – including detailing, materiality, size mass, form,
rhythm and scale – which all enhance the sense of place within historic neighborhoods, to
inform future development.
2
The Comprehensive plan identifies the following characteristics for the waterfront character area:
The area will consist of mixed-use development including commercial and housing, with
an emphasis on uses that create an active waterfront environment. There will be a focus
on the preservation and enhancement of water related uses. New development should
protect viewsheds and allow public access to the waterfront. Pedestrian and bicycle
connections should be improved, particularly to adjacent mixed-use areas. Development
space in the waterfront area is at a premium and reducing the impacts of parking in new
development should be carefully considered.
Designation of the Former Delaware, Lackawanna & Western Railroad Station at 701 West
Seneca Street is consistent with the historic preservation goals and desired character of the
Waterfront district. Furthermore, designation of the station will encourage new construction
and redevelopment projects to be consistent in character.
2. Relation to Zoning Laws
The property is located in the WE/WD West End / Waterfront District, which was established to
encourage creation of a mixed-use district with particular emphasis on appropriate waterfront
development that encourages a mix of uses.
Local designation will not affect building uses permitted under the Zoning Ordinance. Building height
for properties located along the waterfront are restricted to 2-3 stories for the first ten feet of depth
of the building, and can subsequently be constructed to up to five stories. The existing building is a
single story, prairie style brick rectangular building. Any proposed exterior alterations or additions to
the structure would be subject to ILPC review to assess the visual and historic compatibility. Historic
3. Relation to Projected Public Improvements
There are no plans for public improvements in the area at this time. Designation will not prevent a
future development in project area. Local landmark designation requires that any future public
improvements in the area undergo review and approval by the Ithaca Landmarks Preservation
Commission before work commences.
4. Relation to Plans for Renewal of the Site or the Area
There are no plans in the City’s Community Developmen t Block Grant program or by the Ithaca Urban
Renewal Agency for renewal of this site or the nearby area. Local landmark designation requires that
any private proposal for material change of the exterior of the building or site undergo review and
approval by the Ithaca Landmarks Preservation Commission before work commences.
LOCAL PROPERTY TAX INCENTIVES
FOR
HISTORIC PRESERVATION
In July 1997, five years after Historic Ithaca, Inc., Tompkins County’s non-profit historic
preservation organization, began working to achieve such a program, Governor George Pataki
signed into law a bill permitting local property tax abatements for owners who invest in the
rehabilitation of a locally designated historic structure. Ithaca became the first city in New York
State to offer such incentives when Common Council voted to adopt the program in
December 1997.
How does the incentive work?
In brief, the tax abatement program allows property owners to increase the value of their buildings
through investment in repairs and renovation without suffering an immediate increase in local
property taxes as a result. The program provides for a ten-year window of tax relief following the
substantial rehabilitation of a structure. For the first five years after completion of the project, local
property taxes do not increase, except as they may be increased on a city-wide basis, regardless of
the additional value of the property resulting from the project. In the sixth year, only 20% of the
full value of the increase is added to the pre-project tax amount. In the seventh year, 40% of the
increase is added, and so on, until the full value of the property is again taxed in the tenth year
after completion of the project.
Who is eligible?
Anyone who owns a locally designated historic structure and pays property tax in the City of Ithaca
may utilize this program. Locally designated historic structures include individually designated
landmark buildings as well as “contributing” buildings in Ithaca’s local historic districts: DeWitt
Park, East Hill, Cornell Heights, University Hill, Henry St. John, Downtown West and the Clinton
Block. To find out if your property is eligible, contact Bryan McCracken in the Department of
Planning & Development: bmccracken@cityofithaca.org
What projects are eligible?
The proposed project must be approved by the Ithaca Landmarks Preservation Commission
(ILPC) prior to the commencement of work and must be for purposes of historic preservation. In
addition, the proposed work must meet one of the following requirements:
Only work on the exterior of the building is involved; or
Work on a designated historic interior which is open to the public is involved; or
At least 20% of the total cost of the project is directly attributable to exterior work,
and/or work that enhances the structural stability or integrity of the property; or
The project returns to use a building which has been vacant for at least two years.
Additional restrictions apply to projects involving the conversion of a single-family home or duplex
into a multiple dwelling. Contact Bryan McCracken for more information.
(over)
How do I apply?
Before proceeding, contact Bryan McCracken in the Department of Planning & Development,
City Hall, to discuss your project, obtain an application, and schedule a date for ILPC review. You
will also need to schedule a consultation with a representative at the Tompkins County
Department of Assessment, 128 East Buffalo Street, Ithaca, NY.
Properties undergoing rehabilitation, which are listed on the National Register of
Historic Places or are located in a Certified Local Historic District may be eligible
for a Federal and/or State tax credit in addition to the local property tax abatement.
More information on these programs is available from the New York State Office
of Parks, Recreation & Historic Preservation Field Services Bureau.
For More Information:
Bryan McCracken, Historic Preservation Planner
Department of Planning & Development
City Hall – 3rd Floor
108 East Green Street
Ithaca, NY 14850
bmccracken@cityofithaca.org
Tompkins County Department of Assessment
128 East Buffalo Street
Ithaca, NY 14850
Phone: 607-274-5517
Historic Preservation Field Services Bureau
New York State Office of Parks, Recreation & Historic Preservation
Peebles Island
P.O. Box 189
Waterford, NY 12188-0189
Phone: 518-237-8643
Above: The former C.W. Snow Warehouse in
Syracuse was an under-used industrial building
before being adapted for commercial space and
48 loft apartments with the help of investment
tax credits.
Below: The former Nurses’ Residence at Sea
View Hospital on Staten Island used a variety
of funding sources, including investment tax
credits, to adapt the complex for affordable
senior housing.
D IVISION FOR HISTORIC PRESERVATION
NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION
WWW.NYSPARKS.COM 518.237.8643
The New York State Historic Preserva‐
tion Office (SHPO) is part of the Division
for Historic Preservation in the Office of
Parks, Recreation and Historic Preserva‐
tion. The SHPO helps preserve the
state's heritage through a variety of
public programs authorized under the
State and National Historic Preservation
Acts. These include federal historic re‐
habilitation tax incentives, State and
National Registers of Historic Places,
Certified Local Government (CLG) Pro‐
gram, historic resources surveys, grants,
environmental review, archeology, and
education.
Historic preservation tax credit programs
can help offset the cost of rehabilitating
historic buildings listed on the National
Register of Historic Places. (Buildings
can be listed during or after the rehabilita-
tion project.) The SHPO can assist you
with getting one or more of the five his-
toric preservation tax credits. A preserva-
tion tax credit is a percentage of rehabili-
tation expenditures subtracted from the
amount of state and federal income taxes
owed. (Under the NYS program, this can
be a tax refund.) It is very important that
you contact SHPO before plans are
drawn and especially before any construc-
tion work begins.
To begin the process, contact the SHPO
office at 518-237-8643, or visit:
www.nysparks.state.ny.us/shpo/state/
map.htm. In August 2010, the NYS Legis-
lature made changes to the tax credits. For
updates to the program, visit our website:
www.nysparks.state.ny.us/shpo/.
Note: For programs marked “*” the work
performed must meet Secretary of Interior
Standards, and must be approved by the
SHPO and/or the National Park Service.
20% Federal Investment Tax Credit
Programs (ITC) *
The Tax Reform Act of 1986 allows a 20%
tax credit for the rehabilitation of historic
buildings. Owners of historic commercial,
office, industrial or rental residential build-
ings may be eligible for a 20% federal in-
come tax credit for substantial rehabilita-
tion projects. The final dollar amount is
based on the cost of the rehabilitation; in
effect 20% of the qualifying rehabilitation
costs will be borne by the federal govern-
ment. Buildings must be:
Income-producing, and
Individually listed on the State or
National Register of Historic Places, or
a contributing building in a historic
district that is listed on the National
Register of Historic Places or certified
by the National Park Service.
The preservation credit can be used in con-
junction with other state and federal reha-
bilitation grants for housing or facade work
such as the Low Income Housing Tax
Credits. (Note: The final credit amount
will be reduced when these additional
sources are combined.)
For more information, visit: www.nps.gov/
history/hps/tps/tax/brochure1.htm#10_20
20% New York State Historic
Tax Credit Program for Income
Producing Properties *
Projects qualifying for the 20% Federal
Historic Preservation Tax Incentive Pro-
gram are automatically eligible for this
credit. Owners can receive 20% of the
qualified rehabilitation costs, up to a credit
value of $5,000,000. For more informa-
tion, see: www.nysparks.com/shpo/
investment/income.htm.
Continued
THROUGH LOCAL, STATEWIDE AND NATIONWIDE PARTNERSHIPS, HISTORIC
PRESERVATION CONTINUES TO BE A KEY TOOL FOR ECONOMIC DEVELOPMENT
AND IMPROVING AND ENRICHING COMMUNITY LIFE ACROSS THE STATE.
INVESTMENT TAX CREDIT PROGRAMS
FINANCIAL INCENTIVES FOR HISTORIC PRESERVATION PROJECTS
10% Federal Tax Credit
A 10% federal income tax credit is
available for the rehabilitation of non-
historic buildings for non-residential
use. Buildings must be:
Income-producing, and
Not listed in the National Register,
or not listed as a contributing
building in a National Register
Historic District, and
First placed in service before 1936.
For more information: www.nps.gov/
history/hps/tps/tax/brochure1.htm#10.
New York State Historic
Homeownership Rehabilitation
Tax Credit *
Buildings must be located in a census
tract designated as economically
“distressed.” Qualified rehabilitation
costs must exceed $5,000. The credit
will cover 20% of qualified rehabilita-
tion costs up to a limit of $50,000.
Houses must also be:
Owner-occupied structures, and
Individually listed on the State or
National Register of Historic
Places, or a contributing building
in an historic district that is listed
in the State or National Register of
Historic Places.
SHPO staff can help with further in-
formation about eligible census tracts
and the program in general. See the
website listed at the end.
New York State Barn Tax Credit
The income tax credit is equal to 25%
of the cost of rehabilitating historic
barns. Work cannot “materially alter the
historic appearance” of the barn which
must be:
Income-producing for agricultural
purposes, and
Placed in service before 1936.
For more information about barn cred-
its, contact the NYS Department of
Taxation and Finance at 800-225-5829.
FOR MORE INFORMATION
National Register of Historic Places:
www.nysparks.com/shpo/register/
Publications on technical preservation
issues: www.nps.gov/history/hps/tps/
topics/index.htm
Federal Tax credit programs:
www.nps.gov/history/hps/tps/tax/
index.htm
Applications and whether a property
qualifies: www.nysparks.com/shpo/tax-
credit-programs/
Above: Financial assistance from investment tax
credits helped owners to undertake substantial
exterior repairs on this 1941 New York City
apartment building.
Below: This commercial and residential building in
Newburgh was a burned out shell before it was
rescued with the help of the federal historic
rehabilitation tax credit program.
Below right: The Philipsburgh Hall tax credit
project in Yonkers included the restoration of the
ballroom.
Both the ITC and Low Income Housing tax credits
were used for the remarkable transformation of 24
brick townhouses in Albany. The buildings had been
subdivided and neglected until the entire row was
threatened with demolition. In addition, one
individual property owner took advantage of the
Historic Homeowners Rehabilitation tax credit.
Staff helped to list these properties on the National
Register so that they would quality for tax credits.
Tax Credit Programs
Division for Historic Preservation
NYS Office of Parks, Recreation and
Historic Preservation
Peebles Island, PO Box 189
Waterford, NY 12188‐0189
518.237.8643 www.nysparks.com
www.nysparks.com/shpo/tax‐
credit‐programs/
An Equal Opportunity/Affirmative Action Agency
This material has been financed in part with Federal funds from
the National Park Service, Department of the Interior. However,
the contents and opinions do not necessarily reflect the views or
policies of the Department of the Interior This project has been
administered by the Field Services Bureau, Division for Historic
Preservation, New York State Office of Parks, Recreation and
Historic Preservation. This bureau receives Federal funds from the
National Park Service, Department of the Interior. Regulations of
the U.S. Department of the Interior strictly prohibit unlawful
discrimination in departmental Federally Assisted Programs on the
basis of race, color, national origin, age, or handicap. Any person
who believes he or she has been discriminated against in any
program, activity, or facility operated by a recipient of Federal
assistance should write to: Director, Equal Opportunity Program,
U.S. Department of the Interior, National Park Service, P.O.
Box 37127, Washington, D.C. 20012-7127. 8/11
Proposed Resolution
Planning and Economic Development Committee
December 12, 2018
RE: LOCAL LANDMARK DESIGNATION OF THE FORMER DELAWARE,
LACKAWANNA & WESTERN RAILROAD STATION AT 701 W. SENECA ST.
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 structures or resources as individual landmarks and
historic districts within the city, and
WHEREAS, on November 13, 2018, the ILPC conducted a public hearing for the purpose of
considering a proposal to designate the former Delaware, Lackawanna & Western
Railroad Station at 701 E. Seneca St. 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, 3, and 4 defining a “Local
Landmark,” under Section 228-3B of the Municipal Code and on November 13,
2018, voted to recommend the designation of the former Delaware, Lackawanna
& Western Railroad Station at 701 W. Seneca St., and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning and
Development Board filed a report with the 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 was adopted by resolution at the meeting held on
November 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
RESOLVED, that the Planning and Economic Development Committee [concurs/does not
concur] with the findings presented in the Planning and Development Board
report, and finds that the proposed designation [is/is not] compatible with and
[will/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 Planning and Economic Development Committee [concurs/does not concur]
with the findings of the Ithaca Landmarks Preservation Commission and finds the
former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St.
[meets/does not meet] criteria for local designation, as set forth in the Municipal
Code, as follows:
Proposed Resolution
Planning and Economic Development Committee
December 12, 2018
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
3. Embodying the distinguishing characteristics of an architectural style
4. is the work of a designer whose work has significantly influenced and
age; or
RESOLVED, that the Planning and Development Committee recommends to Common Council
approval of the designation of the former Delaware, Lackawanna & Western
Railroad Station at 701 W. Seneca St. and the adjacent areas that are identified as
tax parcel #73.-5-2.1 as a local landmark.
OR
RESOLVED, that the Planning and Economic Development Committee disapproves the
designation of the former Delaware, Lackawanna & Western Railroad Station at
701 W. Seneca St and the adjacent areas identified as tax parcel #73.-5-2.1.
OR
RESOLVED, that the Planning and Economic Development Committee forwards the modified
recommendation to designate the former Delaware, Lackawanna & Western
Railroad Station at 701 W. Seneca St and the adjacent areas that are identified as
tax parcel #73.-5-2.1 to Common Council with a recommendation to disapprove
the designation.
RECORD OF VOTE:
Moved by: 0
Seconded: 0
In favor: 0
Against: 0
Abstain: 0
Absent: 0
Vacancies: 0
10.2 2019 Annual Common Council Concurrence that the City of Ithaca Planning
and Development Board be Lead Agency in Environmental Review for Site Plan
Review Projects for which the Common Council is an Involved Agency Resolution
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and
Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead
agency be established for conducting environmental review of projects in accordance
with local and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, State Law also specifies that when an agency proposes to directly
undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review
with other involved agencies, it must notify them that a lead agency must be agreed
upon within 30 calendar days of the date that the Environmental Assessment Form
(EAF) or draft EIS was transmitted to them; and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and
Approval, at times involve approvals or funding from Common Council, making Council
an involved agency in environmental review; and
WHEREAS, in accordance with the State Environmental Quality Review Law and the
City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided
with project information and environmental forms for their review, as well as all
environmental determinations; and
WHEREAS, Common Council did consent to the Planning & Development Board acting
as Lead Agency in environmental review for site plan review projects for which Common
Council has been identified as an Involved Agency for the years of 2015, 2016, 2017
and 2018; and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the
environmental review process more efficient, it is desirous to continue the agreement in
which the Planning Board will assume Lead Agency status for such projects; now,
therefore be it
RESOLVED, That Common Council does hereby consent to the Planning &
Development Board acting as Lead Agency in environmental review for site plan review
projects for which Common Council has been identified as an Involved Agency through
December 31, 2019; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its
consent should it so desire.
To: Common Council
From: Lisa Nicholas, Deputy Director of Planning
Date: December 6, 2018
Re: 2019 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review
for Site Plan Review Projects for which the Common Council is an Involved Agency
Annually Common Council passes a resolution concurring that the Planning Board will be Lead Agency in
environmental review for site plan review projects for which the Common Council is an involved agency.
Examples of such projects include the Chainworks District Project, the Marriott Hotel, the Hilton Canopy and 210
Hancock Street. As per the previously adopted resolutions, this arrangement ends on December 31 of each year
and must be renewed annually. Please find enclosed a proposed resolution which extends this arrangement to
December 31, 2019.
The purpose of this arrangement is to make the environmental review process more efficient while, at the same
time, keeping Council informed of its potential role in the environmental review of site plan projects.
Environmental forms and project information would continue to be forwarded directly to Council members
without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30-day
deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course
of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead
Agency. All comments from involved agencies are addressed during the environmental review.
The Planning Board also has this arrangement with the Board of Zoning Appeals.
If you have any questions, please contact me at 274-6557.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
10.3 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d
Zoning Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3
A Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amending the Municipal
Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district
boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca tax parcels 70.-7-1, 70.-
7-2, and 70.-7-3.
10.3B Declaration of Environmental Significance - Resolution
WHEREAS, The Common Council is considering a proposal to amend the Municipal
Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district
boundaries of the B-1a and B-2d Zoning Districts, tax parcels 70.-7-1, 70.-7-2, and 70.-
7-3; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated December 7,
2018; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated December 7, 2018; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
10.3C Adoption of Ordinance
An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning
Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3
ORDINANCE NO. 2019- ____
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1.
The Official Zoning Map of the City of Ithaca is hereby amended to change the
designation from B-1a to B-2d for the following tax parcels: 70.-7-1, 70.-7-2, and 70.-7-
3. The boundaries are shown on the attached map entitled “Proposed West Green
Street Zoning Amendment,” dated November 7, 2018.
Section 3.
Severability Clause 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 2.
Effective Date. This Ordinance shall take effect immediately and in accordance with law
after publication of notice as provided in the Ithaca City Charter.
Short Environmental Assessment Form
Part 1 - Project Information
Instructions for Completing
Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding, are subject to public review, and may be subject to further verification.
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item, please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency; attach additional pages as necessary to supplement any item.
Part 1 - Project and Sponsor Information
Name of Action or Project:
Project Location (describe, and attach a location map):
Brief Description of Proposed Action:
Name of Applicant or Sponsor: Telephone:
E-Mail:
Address:
City/PO: State: Zip Code:
1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance,
administrative rule, or regulation?
If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no, continue to question 2.
NO YES
2. Does the proposed action require a permit, approval or funding from any other governmental Agency?
If Yes, list agency(s) name and permit or approval:
NO YES
3.a. Total acreage of the site of the proposed action? ___________ acres
b. Total acreage to be physically disturbed? ___________ acres
c. Total acreage (project site and any contiguous properties) owned
or controlled by the applicant or project sponsor? ___________acres
4. Check all land uses that occur on, adjoining and near the proposed action.
9 Urban 9 Rural (non-agriculture) 9 Industrial 9 Commercial 9 Residential (suburban)
9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): _________________________
9 Parkland
Page 1 of 3
Page 2 of 3
5. Is the proposed action,
a. A permitted use under the zoning regulations?
b. Consistent with the adopted comprehensive plan?
NO YES N/A
6. Is the proposed action consistent with the predominant character of the existing built or natural
landscape?
NO YES
7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area?
If Yes, identify: __________________________________________________________________________
_______________________________________________________________________________________
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
b. Are public transportation service(s) available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action?
NO YES
9. Does the proposed action meet or exceed the state energy code requirements?
If the proposed action will exceed requirements, describe design features and technologies:
_______________________________________________________________________________________
_______________________________________________________________________________________
NO YES
10. Will the proposed action connect to an existing public/private water supply?
If No, describe method for providing potable water: ______________________________________
_______________________________________________________________________________________
NO YES
11. Will the proposed action connect to existing wastewater utilities?
If No, describe method for providing wastewater treatment: ________________________________
_______________________________________________________________________________________
NO YES
12. a. Does the site contain a structure that is listed on either the State or National Register of Historic
Places?
b. Is the proposed action located in an archeological sensitive area?
NO YES
13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain
wetlands or other waterbodies regulated by a federal, state or local agency?
b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody?
If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _______________
_______________________________________________________________________________________
_______________________________________________________________________________________
NO YES
14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply:
Shoreline Forest Agricultural/grasslands Early mid-successional
Wetland Urban Suburban
15. Does the site of the proposed action contain any species of animal, or associated habitats, listed
by the State or Federal government as threatened or endangered?
NO YES
16. Is the project site located in the 100 year flood plain?NO YES
17. Will the proposed action create storm water discharge, either from point or non-point sources?
If Yes,
a. Will storm water discharges flow to adjacent properties? NO YES
b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?
If Yes, briefly describe: NO YES
_______________________________________________________________________________________
_______________________________________________________________________________________
NO YES
18. Does the proposed action include construction or other activities that result in the impoundment of
water or other liquids (e.g. retention pond, waste lagoon, dam)?
If Yes, explain purpose and size: ____________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
NO YES
19. Has the site of the proposed action or an adjoining property been the location of an active or closed
solid waste management facility?
If Yes, describe: _________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
NO YES
20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or
completed) for hazardous waste?
If Yes, describe: __________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________
NO YES
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor name: ___________________________________________ Date: ___________________________
Signature: _______________________________________________________
Page 3 of 3
Page 1 of 2
Agency Use Only [If applicable]
Project:
Date:
Short Environmental Assessment Form
Part 2 - Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept “Have my responses been reasonable considering the scale and context of the proposed action?”
No, or
small
impact
may
occur
Moderate
to large
impact
may
occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning
regulations?
2.Will the proposed action result in a change in the use or intensity of use of land?
3.Will the proposed action impair the character or quality of the existing community?
4.Will the proposed action have an impact on the environmental characteristics that caused the
establishment of a Critical Environmental Area (CEA)?
5.Will the proposed action result in an adverse change in the existing level of traffic or
affect existing infrastructure for mass transit, biking or walkway?
6.Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7.Will the proposed action impact existing:
a. public / private water supplies?
b. public / private wastewater treatment utilities?
8.Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands,
waterbodies, groundwater, air quality, flora and fauna)?
10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11.Will the proposed action create a hazard to environmental resources or human health?
Page 2 of 2
For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact, please
complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-
term, long-term and cumulative impacts.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have determined, based on the information and analysis above, and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts.
_________________________________________________ _______________________________________________
Name of Lead Agency Date
_________________________________________________ _______________________________________________
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
_________________________________________________ _______________________________________________
Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer)
Short Environmental Assessment Form
Part 3 Determination of Significance
Agency Use Only [If applicable]
Project:
Date:
General Municipal Law (GML) 239 Planning
and Zoning Action Referral Form
Tompkins County Department of Planning and Sustainability
Questions?
Please contact Scott Doyle
Tompkins County Planning Department
607-274-5560
City, Town, or Village *Municipality *
Municipality Address *
Salutation *Municipal Contact First Name *Municipal Contact - Last Name *
Title of Municipal Contact *
Municipal Contact Email *
Confirm Municipal Contact Email *
Project Name *
Project Proposal Information
Please fill out this form. At the end of the form please upload any additional materials for review
Applicant Name
Landowner's Name
Address
You can find the Tax Parcel Number with the following link - https://geo.tompkins-co.org/html/?viewer=nrimobile - you
may need to enable the parcel layer by clicking on the layer field at the Layers tab at the bottom right hand corner of the
screen and clicking the PARCELS checkbox. Then zoom in on the map.
City Ithaca
108 East Green St.
Ms.Megan Wilson
Senior Planner
mwilson@cityofithaca.org
mwilson@cityofithaca.org
Proposal to Rezone a Portion of the 100-Block of West Green Street
City of Ithaca
Urban Core, LLC; 119 WG Jenscott, LLC; Deena G
Crossmore
108 E. Green Street
How to find the Parcel ID - Click on the down arrow at the right for directions.
Tax Parcel Number
Municipality Meeting Date
Meeting Packet Distribution Date
Public Hearing Date
Project Details
70.-7-1; 70.-7-2; 70.-7-3
12/12/2018
12/6/2018
12/12/2018
How does the proposed project qualify for 239 review (check all that apply)?
Please submit all materials that your municipality requires for a complete application, including a completed
environmental assessment form and any supplemental information that the municipal board will consider in its review, to
the Tompkins County Planning Department no later than 30 days prior to the board meeting date . For larger or more
complex projects preliminary information, such as sketch plans, may be submitted as early in the review process as
possible to allow for preliminary comments on likely County recommendations. Providing this information earlier in the
project development process may allow us to provide preliminary comments to municipalities as they complete
submission materials
Please check appropriate box of action being referred (check all that apply):
Is site currently served by public water?
Is site currently served by public sewer?
# of Proposed Housing Units?
# of Proposed Parking Spaces?
Amount of Proposed Building Square Footage?
Is any of the proposal located within the 100-yr floodplain?
Is any of the proposal located within 100' of an intermittent or perennial stream or wetland?
Is any of the proposal within a Unique Natural Area (UNA)?
The Tompkins County Natural Resource Inventory - https://geo.tompkins-co.org/html/?viewer=nrimobile - can assist with
identifying UNAs and other natural features on the property.
Additional Project Notes
Additional Notes on Proposed Project
Please check which State Law requirement(s) apply to referred action' it is within 500 feet of:
A municipal boundary;
The boundary of an existing or proposed County or State park or any other recreation area;
The right-of-way of any existing or proposed county or state road;
The existing or proposed right-of-way of any stream or drainage channel owned by the county;
The existing or proposed boundary of any county/state owned land with public buildings; or
The boundary of a farm operation located within an agricultural district.
Comprehensive Plan Special Use Permit
Use Variance Subdivision
Zoning Ordinance or Local Law Site Plan
Area Variance/Sign Variance Other authorization or local law
Additional Information:
Yes No
Yes No
N/A
N/A
N/A
Yes No
Yes No
Yes No
Please use this section to upload any additional documentation.
Please upload full application materials here
W Green St Rezoning - Circulation Memo - Nov 19 2018-3.pdf 234.25KB
W Green St B2d Rezoning - Ordinance - Nov 19 2018.docx 16.47KB
Map - West Green St Zoning - Nov 7 2018.pdf 103.57KB
W Green St SEAF Nov 19 2018.pdf 1.79MB
J:\Committee Files\Common Council\2010-2019\CC-19\01-19\Planning Items\3f - W Green St B2d Rezoning - Ordinance - Nov 19 2018.docx
Page 2 of 2
SLAUOZ
CBD-100
R-3a
CBD-60
CBD-85
CBD-100
CBD-60
R-3aa
B-1a
R-3aa
CBD-100
CBD-120
CBD-140
B-4S CAYUGA STS GENEVA STW STATE ST
W GREEN ST
W CLINTON ST
E GREEN ST
E CLINTON ST
CBD-100
R-3a
CBD-60
CBD-85
CBD-100
CBD-60
R-3aa
B-2d
R-3aa
CBD-100
CBD-120
CBD-140
S CAYUGA STS GENEVA STW STATE ST
W GREEN ST
W CLINTON ST
E GREEN ST
E CLINTON ST
West Green Street Zoning
Existing Zoning Proposed Zoning
0 200 400Feet ¯November 7, 2018
Tompkins County
Library
Tompkins County
Library
Hotel Ithaca Hotel IthacaMcGraw House McGraw House
14.1 Mayor’s Appointments – Resolution
Public Safety and Information Commission
RESOLVED, That the following applicants be reappointed to the Public Safety and
Information Commission with terms to expire December 31, 2020:
Mike Comella
Aryeal Jackson
Nicholas Segerson
Kenneth McLaurin
; and, be it further
Parks, Recreation, and Natural Resources Commission
RESOLVED, That the following applicants be reappointed to the Parks, Recreation, and
Natural Resources Commission with terms to expire December 31, 2020:
Daniel Hoffman
Tyler Moeller
Thomas Shelley
; and, be it further
Community Life Commission
RESOLVED, That Lisa Swayze be appointed as the chair for the Community Life
Commission with a term to expire December 31, 2020; and, be it further
RESOLVED, That the following applicants be appointed to the Community Life
Commission with a term to expire December 31, 2020:
Caroline Byrne
Melissa Hall
Rusty Keeler
; and, be it further
Appointment of Mobility, Accessibility, and Transportation Commission
RESOLVED, That the following applicants be reappointed to the Mobility, Accessibility,
and Transportation Commission with terms to expire December 31, 2020:
Sarah Brylinsky
Theresa Lyczko
Sarah Barden