HomeMy WebLinkAboutMN-CC-2017-01-04 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. January 4, 2017
PRESENT:
Mayor Myrick
Alderpersons (9) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick,
Mohlenhoff
OTHERS PRESENT:
City Clerk—Conley Holcomb
City Attorney—Lavine
City Controller—Thayer
Deputy Director of Economic Development—DeSarno
Community Development Director—Bohn
City Planner-Wilson
Human Resources Director—Michell-Nunn
Chief of Staff—Cogan
EXCUSED:
Alderperson Martell
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Fay Gougakis, City of Ithaca, referenced an incident that occurred at the last meeting and
thanked the Council members who reached out to her.
Joel Harlan, Town of Newfield, spoke about the Presidential election, and economic
development in downtown and Collegetown.
Pastor Michael-Vincent Cera, voiced his support for Item 9.7 that addresses human rights
protection and hate bias crimes. He further spoke about income equality discrimination.
Alderperson Mohlenhoff read the following correspondence into the record from Luca Maurer,
City of Ithaca:
"Ithaca was in some ways at the forefront of this legislation way back in 2003. We consulted
law and policy experts from across the country, and used what was considered the gold-
standard language at the time- but also at the time it didn't occur to folks that times might
change;that this might need to be a stand-alone, explicitly stated piece of the law, rather than
embedded in the definition. Today, my how times have changed! Along with some significant
advances protecting the rights of transgender people since the time our law was passed, many
Americans in 2017 now watch with fear and shock as laws and policies at local, state, and
federal levels are threatened and rescinded, several of them in the last week alone. Entire
states would roll back or prohibit enactment of non-discrimination laws that allow people to
safely go to school,to work,to raise families,to worship, and to participate in and contribute to
their communities, without threat of harm. It is now considered best practice to include
"gender identity or expression" specifically in such laws. This is not only for clarity, but also
because that is the language people are looking for in the law itself, when evaluating whether a
community is LGBTQ inclusive, and whether their rights are respected. For people considering
whether they may want to work, live, study, visit, vacation, or retire in our community, such
language and nondiscrimination protection are vital. Thank you for considering this very
important issue."
January 4, 2017
Sophia, voiced concern regarding the appointment of the next Police Chief. She stated that
this is a very important decision due to the political climate and she encouraged Common
Council to continue the dialog on how to improve community-police relationships.
Mayor Myrick noted that Alderpersons Kerslick, Fleming and Murtagh would be serving on the
Police Chief Search Committee.
PRIVILEGE OF THE FLOOR—COMMON COUNCIL AND THE MAYOR:
Alderperson Brock responded to comments made by Ms. Gougakis and stated that she
appreciates her passion, commitment to city issues, and her deep concern for the community.
Alderperson Fleming objected to comments made by Mr. Harlan regarding former Secretary of
State Hillary Clinton, noting that he should avoid using labels.
STATE OF THE CITY ADDRESS:
Mayor Myrick presented his 2017 State of the City Address as follows:
"The State of the City of Ithaca is strong.
Five years ago our City was facing the worst fiscal crisis in living memory. Vacant storefronts
downtown, stalled construction projects, no significant new housing had been built in decades,
taxes were rising at over four percent each year and an annual operating deficit of over$3.5
million.
City employees, commission members, and you,the Common Council, made hard choices and
smart investments to turn things around.
We changed the zoning to encourage more growth, invested in our infrastructure—rebuilding
the Commons, completing the waterfront trail, rebuilding bridges and roads—streamlined our
operations, and leaned on the creativity of our people.
In return we have seen our city become populated with outdoor murals that are the envy of
every community in the country.
We've facilitated the development of hundreds of market rate housing units and affordable
developments like Breckendridge, Stone Quarry and 210 Hancock.
Financially we've clawed our way back from the worst of the recession. So much so that in the
last three years we've been able to increase our investment in infrastructure, public safety, and
community building while still lowering the tax rate.
In 2017 the tax rate will drop by 6.6 percent—which means homeowners will pay the lowest tax
rate since the year 2003.
And even though online retailing is changing the commercial landscape- so much so that
Countywide sales tax has declined by over two percent this year-our city is defying this national
and local trend --Citywide sales tax collections have increased 1.5 percent. I believe that is
directly related to our public investments downtown and in Collegetown.
In 2016 we continued to push. Presenting a public health and safety approach to drug policy
that shifted the national conversation. We digitized our records to preserve our past into an
electronic future. Ran a citizens police academy, created the officer next door program, and ran
an implicit bias training for IPD officers—all to demonstrate that a new model of community
policing can keep us all safe.
We fought for and won a grant that will allow us to hire four new fire fighters—increasing
safety while saving hundreds of thousands of dollars each year.
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January 4, 2017
All but entirely completed the largest ever investment in infrastructure in the City's history- our
water treatment plant—only site work remaining. And even though a record setting drought
caused water quality issues—we've now completed lead testing in 60 random homes and
everyone one of the 60 homes came back below the allowable limit for lead.
We've rebuilt the Lake Street Bridge adding a beautiful welcoming park, rebuilt Dryden Road,
Tioga Street, Hector Street, Aurora Street, and 7,200 linear feet of sidewalk. All while settling
contracts with the CSEA Admin and CSEA DPW, and are within striking distance on the
Executive Association.
The State of the City is strong. But we must brace to face a storm unlike any we've faced in
recent memory—a federal government that is openly hostile to progressive governance.
In two weeks a new President will be inaugurated—a President who rode a wave of ethno-
centric jingoism to the election. He received nearly 3 million fewer votes than his opponent,
pledged to create an unconstitutional ban on Muslims, demonstrated no knowledge of urban
policy, intends to appoint a HUD Secretary with no experience in government, pledged to
punish women who seek abortions, and has threatened to retaliate against cities like Ithaca—
cities that have declared that they will not cooperate with federal attempts to round up and
expel hard working law abiding immigrants.
So our challenge beginning in 2017 is to continue strengthening the City of Ithaca despite a
hostile federal government. I believe we can do this if we do three things—protect the
vulnerable in our midst, link arms with likeminded communities around the country, and prove
that progressive governance leads to a high quality of life.
First- Protect the vulnerable
An overwhelming majority of Ithacans voted to make our country stronger together. Those
Ithacans will not be represented in the White House, or in the halls of Congress. We must do
what we can to give voice to their mandate.
I've tasked City Attorney Ari Lavine with a project we are calling the new Federalism —named
for the principles outlined in the Federalist Papers and enshrined in the United States
Constitution. A principle that holds that local and state governance can and should act as a
check on federal excess.
We are preparing measures that will protect DACA students—students who have barely known
any country but ours—from forcible deportation.
We are preparing to resist any efforts by the Justice Department to insist on racial profiling in
policing.
We will resist any effort of the federal government to disregard the states' ability to chart
public health and safety approaches to drug policy.
We will work with our partners in the non-profit sector to protect New York State's rights to
guarantee women their full reproductive rights.
We will continue working with Ithaca Welcomes Refugees to bring refugees out of the
nightmares of Syria and Iraq and into a new life of productivity, freedom and happiness.
And I am confident that those refugees will join the generations of American refugees and
immigrants before them who have contributed so greatly to the quality of life in Ithaca.
I can promise you that my administration will be on the front lines, and I encourage you—the
Common Council to continue raising your voices. You already have shown your willingness to
fight.
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January 4, 2017
So many of you know that I have been tolerant of, if not enthusiastic about, statements of
principle on national issues being raised in these chambers. Now I believe that we must send a
message with every opportunity that an agenda coming out of Washington D.C. based on
alienation, and the removal of rights, will not be allowed to flourish.
Second - Link arms with like-minded communities
Ithaca is unique in many ways—but Ithacans are not alone in their fear of the new
administration. Communities around the country and the world are preparing initiatives similar
to those I've just described.
To be successful we must share best practices, and pool our resources to effectively lobby the
federal government.
So in the coming year we will look for every opportunity to partner with cities both large and
small. City Attorney Lavine and I have already met with Mayor Deblasio and a dozen other
mayors of cities in New York State. I've joined the coalition—Cities of Action, I am on the
executive board of the New York Conference of Mayors and will use my position with the US
Conference of Mayors to share information, learn what other communities are doing, and rally
the support of millions of Americans to our common cause.
Third - Prove that progressive governance leads to a better quality of life
And finally, it's up to us to prove that progressive governance leads to a better quality of life.
Kind words and good intentions will prove nothing. Sound governance that solves people's
problems will make our city a better place—and prove that progressive policies are worth
supporting at the national level.
As Mayor Richard Daley of Chicago said, "Good Government is good politics"
So we must solve the largest problems. We must continue to make housing more affordable,
invest in our infrastructure, make quality of life improvements in every neighborhood—not just
downtown and Collegetown.
First is housing quality and affordability—
This year the planning department along with the planning committee will create a new
Housing Strategy
- Build more housing—focusing on middle income housing. Our efforts to build market rate and
affordable housing have paid off,the middle of the housing market continues to suffer. The
only direct solution is to shepherd more homes into our community.
- Prevent housing discrimination. The recent housing summit illuminated how large an issue
income discrimination has become in Ithaca. In 2017 the Planning Committee will discuss and
propose to the Common Council possible solutions that will prevent landlords from turning
tenants away solely because of their method of payment.
-To lower rents and lower taxes, we must reach a new deal with Cornell University for a higher
contribution
• We've had some success on this front- our stormwater fee has already pulled hundreds
of thousands of dollars of revenue from the University—and in 2017 we will explore
more fees that will compel the University to pay their fair share
• We also successfully negotiated a commitment from the University to fully fund an
$800,000 repair of Forest Home Drive
• But the first order of business with the new President must be their scandalously small
investment in their community. Every single one of the university's peer institutions
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contributes far more to their towns and we will insist that Cornell University meets their
obligations.
Infrastructure investment
- Besides putting the final touches on the water treatment plant we will:
- Construct sedimentation ponds in the Southwest and begin dredging area waterways
- Redesign and rebuild the intersection of Spencer Street and Stone Quarry
- Repave Chestnut Street, Hook Place, Willow Avenue, Cornell Street, West Lincoln Street,
North Albany Street and rebuild the Cascadilla Creekway
Quality of life improvements neighborhood by neighborhood
- Beginning a new Traffic calming initiative that will touch every ward in the City—so when
constituents reach out to you with their heartfelt concerns about the safety of their children—
you'll have a mechanism to improve their neighborhoods.
- Our Planning department is hard at work on design standards for Collegetown and downtown
so while we benefit from the increased population that dense development delivers—we can
ensure that new buildings are attractive and fit the character of our city
- Create a Southside Neighborhood plan
- Establish a Strategic Plan for City Facilities
- We will begin Cayuga Street improvements—improving the lighting and widening the sidewalk
to ensure that the western edge of downtown benefits from the new life and vitality brought by
projects like Seneca Way, REV and the Carey Building,The Marriot Hotel and others
-Similarly we will be working with Cornell to make improvements to College Avenue—the
gateway to University that include tearing down the wall outside the Schwartz building to
create a new public space
-And perhaps the most urgent priority neighborhood plan is already underway—the
Waterfront Master Plan and Inlet Island. We have a committee of stakeholders creating a
master vision —we are lobbying furiously for funding to remove the NYS DOT from our
waterfront—and we will be preparing an RFP for redevelopment of city owned lots on Inlet
Island.
-Those efforts will create economic opportunities—and we will ensure that our young people
are first in line by continuing to provide and expand job training and placement through GIAC
and the Youth Bureau
- We will continue saving lives and increasing health through a new approach to drug policy. We
will do this for the man who wrote me today and said that he wants us to keep fighting
because, "I do not want to pick up with Ithaca Journal one day and find my daughter's name in
the obits, or any more of that people that I love and care about"
-Along those lines we will debut our law enforcement assisted diversion program this year, as
well as our IPD Community Action Team and continue funding the Downtown Outreach
Worker.
-And though President Barack Obama is leaving office this month, his work will continue
through the My Brother's Keeper initiative. A Program that seeks to improve the country by
improving the life outcomes at every level for young men of color. Our City will have its first My
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Brother's Keeper coordinator in Travis Brooks who will be working out of GIAC to lift those in
need of a hand up.
We will do all this and more because:
The fight against fascism will be waged and won at the local level. Precisely because fascism
relies on the inhumane treatment of others based on the smallest of differences. And while it
possible to pretend that those a world away are not worth your human treatment. That they
are not worth your care. Not worth your concern. - it is impossible to deny the humanity of
your neighbor.
Local officials are closest to the people we serve—we look our neighbors in the eyes-we will
be the bulwarks against inhumane repression of ethnic, religious and cultural minority
communities.
We will fight—although the powers arrayed against us are indescribably large and scary. We
will fight.
We will be a community that follows the lead of brave public servants like Officer Colin. Officer
Colin only became an officer this year. But his story—living for 7 of his 9 years on this planet
with inoperable brain cancer—has inspired every Ithacan to give more and to do more. He has
faced down fear, uncertainty, and discomfort—while equipped with nothing more than his
desire to help other people.
We will fight like Colin fights, because there are so many people counting on the City of Ithaca
to lead the way."
CONSENT AGENDA ITEMS:
Alderperson McGonigal requested that Item 8.5 Designation of Official Newspaper be removed
from the Consent Agenda and become Item 9.1 under the City Administration Committee.
Department of Public Information and Technology:
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 2017 Events—Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard
cider tasting and sales as part of their sponsored events for 2017, including, but not limited to,
the Chili-Cook Off, Apple Harvest Festival, Oktoberfest, and Chowder Cook-Off; 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
sponsored events between January 1 and December 31, 2017; 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, beer 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 events.
Carried Unanimously(9-0)
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January 4, 2017
8.2 Ithaca Police Department (IPD) - Reclassification of Financial Assistant Position to
Administrative Coordinator- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS,the Ithaca Police Department currently has one Financial Management Assistant
who directly oversees all accounting practices at the IPD; and
WHEREAS,the current role of Financial Management Assistant is not properly in line with the
actual job duties and more appropriately falls under the duties of Administrative Coordinator;
and
WHEREAS, the IPD seeks to reclassify the position of Financial Management Assistant to that of
Administrative Coordinator; and
WHEREAS, the local Civil Service Commission approved the reclassification on December 14,
2016; and
WHEREAS, the current salary for the IPD Financial Management Assistant is$46,368 and top
pay for the Administrative Coordinator is$58,826, a difference of$12,458. Funds for the salary
increase will be derived from the IPD 2017 budget as allocated via: the 1% municipal budget
increase; now,therefore be it
RESOLVED, That Common Council hereby approves of the addition of the position of
Administrative Coordinator, effective January 1, 2017, utilizing funds allocated from the 2017
IPD Budget.
Carried Unanimously(9-0)
8.3 Ithaca Police Department (IPD)- Reclassification of One Data Entry Specialist to
Financial Clerk- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the Ithaca Police Department currently has five Data Entry Specialists, however one
of the specialist is directly responsible for the complex time-keeping and the associated
financials that come along with shift work and collective bargaining requirements; and
WHEREAS, the current role of this particular Data Entry Specialist is not properly in line with the
actual job duties and more appropriately falls under the duties of Financial Clerk; and
WHEREAS, IPD seeks to reclassify one Data Entry position to that of Financial Clerk; and
WHEREAS,the local Civil Service Commission approved the reclassification on December 14,
2016; and
WHEREAS, the current salary for the IPD Data Entry Specialist is $38,064 and top pay for the
Financial clerk is$40,140, a difference of$2,076. Funds for the salary increase will be derived
from the IPD 2017 budget as allocated via:the 1% municipal budget increase; now,therefore
be it
RESOLVED, That one of the IPD Data Entry Specialist positions shall be reclassified as a Financial
Clerk; and, be it further
RESOLVED, That Common Council hereby approves of the addition of Financial Clerk effective
January 1, 2017, utilizing funds allocated for this purpose from the 2017 IPD Budget.
Carried Unanimously(9-0)
8.4 Finance/Controller's Office—Adoption of Municipal Finance Disclosure and Continuing
Disclosure Policies and Procedures- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
WHEREAS, the City of Ithaca is required to adopt disclosure and continuing disclosure policies
and procedures to ensure proper compliance with various securities law; now, therefore be it
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January 4, 2017
RESOLVED,That Common Council hereby adopts the attached Municipal Finance Disclosure
and Continuing Disclosure Policies and Procedures for the City of Ithaca dated January 4, 2017.
Carried Unanimously
8.6 Finance/Controller—Collateral to Secure Deposits- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
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.
Carried Unanimously(9-0)
8.7 Finance/Controller- Public Employee's Blanket Bond - Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
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
2017.
Faithful Performance Blanket Bond Coverage by
Travelers Insurance Company $1,000,000
Carried Unanimously(9-0)
8.8 Finance/Controller- Designation of Common Council Meetings- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
RESOLVED, That the regular meetings of the Common Council, for the year 2017, 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.
Carried Unanimously(9-0)
8.9 Finance/Controller- Designation of Official Depositories- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
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 2017.
Carried Unanimously(9-0)
8.10 Common Council -Approval of 2017 Travel Policy- Resolution
By Alderperson Kerslick: Seconded by Alderperson Smith
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 2017; and, be it further
RESOLVED, That the cost for all events must be derived from existing 2017 Departmental
Budgets with appropriate approvals obtained as applicable; and, be it further
RESOLVED, That this resolution shall take effect immediately.
Carried Unanimously(9-0)
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CITY ADMINISTRATION COMMITTEE:
9.1 Designation of Official Newspaper- Resolution
By Mohlenhoff: Seconded by Alderperson Brock
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 2017.
Alderperson McGonigal voiced his concern about the health and future of the Ithaca Journal.
He stated that he will not support this item because of the influx of regional news in the Ithaca
Journal vs. local news.
City Attorney Lavine explained that there are legal requirements involved in the designation of
an official newspaper; however, other alternatives could be explored. He highlighted the
convenience of being able to place publications in a daily newspaper vs. a weekly one. He
further noted that a change in designation could be made mid-year if needed.
Alderperson Kerslick echoed comments made by Alderperson McGonigal and noted that this
issue is not particular to Ithaca, it is nationwide problem. He concurred that alternatives should
be explored.
Mayor Myrick noted that the City spends approximately$7,000-$10,000 per year on legal
advertisements.
A vote on the Resolution resulted as follows:
Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff
Nays (1) McGonigal
Carried (8-1)
9.2 Finance-Approval of 2015 City Single Audit- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That the Independent Auditor's Report for the period January 1, 2015 through
December 31, 2015, prepared by the accounting firm of Inserno & Company, formerly Ciaschi,
Dietershagen, Little and Mickelson & Company, LLP, be accepted to comply with all the City's
applicable Government Accounting Standards Board (GSB) Statement 34 and other related
audit and single-audit requirements.
Duane Schon, Insero & Co. CPAs, LLP, explained that the Audit report is still in draft form and
can be modified if necessary. He reviewed the following opinions:
• 1 material instance of non-compliance (Communication letter—change in accounting
standards in 2015 regarding NYS Retirement System liability)
• 1 internal control weakness- capital project accounting being done outside of MUNIS
• 1 non-compliance issue—late filing/other matters identified during the 2015 Audit
including:
• Late filing of Single Audit Report
• Capital Project Accounting
• Fixed Asset Accounting
• Physical Inventory of Capital Assets
• Purchasing Policy—not currently in line with GML Law
• Held Checks
Mr. Schon and City Controller Thayer answered questions from Council members.
A vote on the Resolution resulted as follows:
Carried Unanimously(9-0)
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9.3 A Resolution Authorizing the Issuance Pursuant to Section 90.00 and/or Section 90.10
of the Local Finance Law of Refunding Bonds of the City of Ithaca,Tompkins County, New
York,to be Designated Substantially"Public Improvement Refunding(serial) Bonds", and
Providing for Other Matters in Relation Thereto and the Payment of the Bonds to be
Refunded Thereby
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS,the City of Ithaca, Tompkins County, New York (hereinafter,the "City") heretofore
issued an aggregate $5,803,167 Public Improvement (Serial) Bonds, 2008 Series A, pursuant to
various bond resolutions to pay the cost of various City purposes, such Public Improvement
(Serial) Bonds, 2008 Series A, being dated August 1, 2008 and maturing or matured on August 1
annually (the "2008A Bonds"); and
WHEREAS, the City heretofore issued an aggregate principal amount of$3,823,277 Public
Improvement (Serial) Bonds, 2008 Series B (Federally Taxable), pursuant to various bond
resolutions to pay the cost of various parking garage City purposes, such Public Improvement
(Serial) Bonds, 2008 Series B (Federally Taxable), being dated August 1, 2008 and maturing or
matured on August 1 annually (the "2008B Bonds"); and
WHEREAS, the City heretofore issued an aggregate principal amount of$1,090,084 Public
Improvement (Serial) Bonds, 2009 (Federally Taxable), pursuant to various bond resolutions to
pay the cost of various parking garage City purposes, such Public Improvement (Serial) Bonds,
2009 (Federally Taxable), being dated January 15, 2009 and maturing or matured on January 15
annually (the "2009 Bonds"); and
WHEREAS, the City heretofore issued an aggregate principal amount of$11,283,389 Public
Improvement (Serial) Bonds, 2010 Series A, pursuant to various bond resolutions to pay the
cost of various City purposes, such Public Improvement (Serial) Bonds, 2010 Series A, being
dated January 15, 2010 and maturing or matured on January 15 annually (the "2010A Bonds");
and
WHEREAS, the City heretofore issued an aggregate principal amount of$7,662,000 Public
Improvement (Serial) Bonds, 2010 Series B (Federally Taxable), pursuant to various bond
resolutions to pay the cost of various parking garage City purposes, such Public Improvement
(Serial) Bonds, 2010 Series B (Federally Taxable), being dated January 15, 2010 and maturing or
matured on January 15 annually (the "2010B Bonds"); and
WHEREAS, it would be in the public interest to refund all, or one or more, or a portion of one or
more, of the $2,735,000 outstanding principal balance of the 2008A Bonds maturing in 2018
and thereafter(the "2008A Refunded Bonds"),the $3,005,000 outstanding principal balance of
the 2008B Bonds maturing in 2018 and thereafter (the "2008B Refunded Bonds"),the $555,000
outstanding principal balance of the 2009 Bonds maturing in 2019 and thereafter (the "2009
Refunded Bonds"),the $6,450,000 outstanding principal balance of the 2010A Bonds maturing
in 2020 and thereafter, and the $5,885,000 outstanding principal balance of the 2010B Bonds
maturing in 2020 and thereafter (the "2010B Refunded Bonds",together with the 2008A,
2008B, 2009 and 2010A Refunded Bonds, the "Refunded Bonds"), each by the issuance of
refunding bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law; and
WHEREAS, each of such refundings will individually result in present value savings in debt
service as so required by Section 90.10 of the Local Finance Law; now,
therefore be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of refunding the outstanding aggregate $18,630,000
principal balance of the Refunded Bonds, including providing moneys which, together with the
interest earned from the investment of certain of the proceeds of the refunding bonds herein
authorized, shall be sufficient to pay (i) the principal amount of the Refunded Bonds, (ii) the
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aggregate amount of unmatured interest payable on the Refunded Bonds to and including the
date on which the Refunded Bonds which are callable are to be called prior to their respective
maturities in accordance with the refunding financial plan, as hereinafter defined, (iii)the costs
and expenses incidental to the issuance of the refunding bonds herein authorized, including the
development of the refunding financial plan, as hereinafter defined, compensation to the
underwriter or underwriters, as hereinafter defined, costs and expenses of executing and
performing the terms and conditions of the escrow contract or contracts, as hereinafter
defined, and fees and charges of the escrow holder or holders, as hereinafter mentioned, (iv)
the redemption premium to be paid on the Refunded Bonds which are to be called prior to
their respective maturities, and (v)the premium or premiums for a policy or policies of
municipal bond insurance or cost or costs of other credit enhancement facility or facilities,for
the refunding bonds herein authorized, or any portion thereof,there are hereby authorized to
be issued not exceeding$20,750,000 refunding bonds of the City pursuant to the provisions of
Section 90.00 or Section 90.10 of the Local Finance Law (the "City Refunding Bonds" or the
"Refunding Bonds"), it being anticipated that the amount of Refunding Bonds actually to be
issued will be approximately$18,980,000, as provided in Section 4 hereof. The Refunding
Bonds described herein are hereby authorized to be consolidated for purposes of sale in one or
more refunding bond issues. The City Refunding Bonds shall each be designated substantially
"PUBLIC IMPROVEMENT REFUNDING SERIAL BOND"together with such series designation and
year as is appropriate on the date of sale thereof, shall be of the denomination of$5,000 or any
integral multiple thereof(except for any odd denominations, if necessary) not exceeding the
principal amount of each respective maturity, shall be numbered with the prefix R-17 (or R with
the last two digits of the year in which the Refunding Bonds are issued as appropriate) followed
by a dash and then from 1 upward, shall be dated on such dates, and shall mature annually on
such dates in such years, bearing interest semi-annually on such dates, at the rate or rates of
interest per annum, as may be necessary to sell the same, all as shall be determined by the City
Controller pursuant to Section 4 hereof. It is hereby further determined that (a) such Refunding
Bonds may be issued in series, (b) such Refunding Bonds may be sold at a discount in the
manner authorized by paragraph e of Section 57.00 of the Local Finance Law and pursuant to
subdivision 2 of paragraph f of Section 90.10 of the Local Finance Law, and (c) such Refunding
Bonds may be issued as a single consolidated issue as to Refunding Bonds refunding the 2008A
Refunded Bonds and the 2010A Refunded Bonds and as a separate single consolidated issue as
to Refunding Bonds refunding the 2008B Refunded Bonds,the 2009 Refunded Bonds, and the
2010B Refunded Bonds. It is hereby further determined that such Refunding Bonds may be
issued to refund all, or any portion of,the Refunded Bonds, subject to the limitation hereinafter
described in Section 10 hereof relating to approval by the State Comptroller.
Section 2. The Refunding Bonds may be subject to redemption prior to maturity upon such
terms as the City Controller shall prescribe, which terms shall be in compliance with the
requirements of Section 53.00 (b) of the Local Finance Law. If less than all of the Refunding
Bonds of any maturity are to be redeemed,the particular refunding bonds of such maturity to
be redeemed shall be selected by the City by lot in any customary manner of selection as
determined by the City Controller.
The Refunding Bonds shall be issued in registered form and shall not be registrable to bearer or
convertible into bearer coupon form. In the event said Refunding Bonds are issued in non-
certificated form, such bonds, when issued, shall be initially issued in registered form in
denominations such that one bond shall be issued for each maturity of bonds and shall be
registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York,
New York ("DTC"), which will act as securities depository for the bonds in accordance with the
Book Entry Only system of DTC. In the event that either DTC shall discontinue the Book Entry
Only system or the City shall terminate its participation in such Book Entry Only system, such
bonds shall thereafter be issued in certificated form of the denomination of$5,000 each or any
integral multiple thereof(except for any odd denominations, if necessary) not exceeding the
principal amount of each respective maturity. In the case of non-certificated Refunding Bonds,
principal of and interest on the bonds shall be payable by check or draft mailed by the Fiscal
Agent (as hereinafter defined)to The Depository Trust Company, New York, New York, or to its
nominee, Cede & Co., while the bonds are registered in the name of Cede & Co. in accordance
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January 4, 2017
with such Book Entry Only System. Principal shall only be payable upon surrender of the bonds
at the principal corporate trust office of such Fiscal Agent (or at the office of the City Clerk as
Fiscal Agent as hereinafter provided).
In the event said Refunding Bonds are issued in certificated form, principal of and interest on
the Refunding Bonds shall be payable by check or draft mailed by the Fiscal Agent (as
hereinafter defined)to the registered owners of the Refunding Bonds as shown on the
registration books of the City maintained by the Fiscal Agent (as hereinafter defined), as of the
close of business on the fifteenth day of the calendar month or first business day of the
calendar month preceding each interest payment date as appropriate and as provided in a
certificate of the City Controller providing for the details of the Refunding Bonds. Principal shall
only be payable upon surrender of bonds at the principal corporate trust office of a bank or
trust company or banks or trust companies located or authorized to do business in the State of
New York, as shall hereafter be designated by the City Controller as fiscal agent of the City for
the Refunding Bonds (collectively the "Fiscal Agent").
Refunding Bonds in certificated form may be transferred or exchanged at any time prior to
maturity at the principal corporate trust office of the Fiscal Agent for bonds of the same
maturity of any authorized denomination or denominations in the same aggregate principal
amount.
Principal and interest on the Refunding Bonds will be payable in lawful money of the United
States of America.
The City Controller, as chief fiscal officer of the City, is hereby authorized and directed to enter
into an agreement or agreements containing such terms and conditions as he shall deem
proper with the Fiscal Agent, for the purpose of having such bank or trust company or banks or
trust companies act, in connection with the Refunding Bonds, as the Fiscal Agent for said City,
to perform the services described in Section 70.00 of the Local Finance Law, and to execute
such agreement or agreements on behalf of the City, regardless of whether the Refunding
Bonds are initially issued in certificated or non-certificated form; provided, however, that the
City Controller is also hereby authorized to name the City Clerk as the Fiscal Agent in
connection with the Refunding Bonds if said Refunding Bonds are issued in non-certificated
form.
The City Controller is hereby further delegated all powers of this Common Council with respect
to agreements for credit enhancement, derived from and pursuant to Section 168.00 of the
Local Finance Law, for said Refunding Bonds, including, but not limited to the determination of
the provider of such credit enhancement facility or facilities and the terms and contents of any
agreement or agreements related thereto.
The Refunding Bonds shall be executed in the name of the City by the manual or facsimile
signature of the City Controller, and a facsimile of its corporate seal shall be imprinted thereon.
In the event of facsimile signature, the Refunding Bonds shall be authenticated by the manual
signature of an authorized officer or employee of the Fiscal Agent. The Refunding Bonds shall
contain the recital required by subdivision 4 of paragraph g of Section 90.00 of the Local
Finance Law or subdivision 4 of paragraph j of Section 90.10 of the Local Finance Law, as
applicable, and the recital of validity clause provided for in Section 52.00 of the Local Finance
Law and shall otherwise be in such form and contain such recitals, in addition to those required
by Section 51.00 of the Local Finance Law, as the City Controller shall determine. It is hereby
determined that it is to the financial advantage of the City not to impose and collect from
registered owners of the Refunding Bonds any charges for mailing, shipping and insuring bonds
transferred or exchanged by the Fiscal Agent, and, accordingly, pursuant to paragraph c of
Section 70.00 of the Local Finance Law, no such charges shall be so collected by the Fiscal
Agent.
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January 4, 2017
Section 3. It is hereby determined that:
(a) the maximum amount of the Refunding Bonds authorized to be issued pursuant to this
resolution does not exceed the limitation imposed by subdivision 1 of paragraph b of Section
90.10 of the Local Finance Law;
(b) the maximum period of probable usefulness permitted by law at the time of the
issuance of the respective Refunded Bonds, for the objects or purposes for which such
respective Refunded Bonds were issued is as described in Exhibit A attached hereto and hereby
made a part hereof;
(c) the last installment of the Refunding Bonds will mature not later than the expiration of
the period of probable usefulness of the objects or purposes for which said respective
Refunded Bonds were issued in accordance with the provisions of subdivision 1 of paragraph a
of Section 90.00 of the Local Finance Law or subdivision 1 of paragraph c of Section 90.10 of the
Local Finance Law, as applicable;
(d) the estimated present value of the total debt service savings anticipated as a result of
the issuance of the Refunding Bonds, if any, computed in accordance with the provisions of
subdivision 2 of paragraph b of Section 90.10 of the Local Finance Law, with regard to each of
the respective series of Refunded Bonds, is as shown in the Refunding Financial Plan described
in Section 4 hereof.
Section 4. The financial plan for the aggregate of the refundings authorized by this
resolution (collectively,the "Refunding Financial Plan"), showing the sources and amounts of all
moneys required to accomplish such refundings,the estimated present value of the total debt
service savings and the basis for the computation of the aforesaid estimated present value of
total debt service savings, are set forth in Exhibit B attached hereto and hereby made a part
hereof. The Refunding Financial Plan has been prepared based upon the assumption that the
Refunding Bonds will be issued in one series to refund all of the Refunded Bonds in the principal
amount of$18,980,000, and that the Refunding Bonds will mature, be of such terms, and bear
interest as set forth in said Exhibit B. This Common Council recognizes that the Refunding
Bonds may be issued in one or more series, and for only one or more of the Refunded Bonds, or
portions thereof, that the amount of the Refunding Bonds, maturities,terms, and interest rate
or rates borne by the Refunding Bonds to be issued by the City will most probably be different
from such assumptions and that the Refunding Financial Plan will also most probably be
different from that attached hereto as Exhibit B. The City Controller is hereby authorized and
directed to determine which of the Refunded Bonds will be refunded and at what time,the
amount of the Refunding Bonds to be issued,the date or dates of such bonds and the date or
dates of issue, maturities and terms thereof,the provisions relating to the redemption of
Refunding Bonds prior to maturity, whether the Refunding Bonds will be insured by a policy or
policies of municipal bond insurance or otherwise enhanced by a credit enhancement facility or
facilities, whether the Refunding Bonds shall be sold at a discount in the manner authorized by
paragraph e of Section 57.00 of the Local Finance Law, and the rate or rates of interest to be
borne thereby, whether the Refunding Bonds shall be issued having substantially level or
declining annual debt service and all matters related thereto, and to prepare, or cause to be
provided, a final Refunding Financial Plan for the Refunding Bonds and all powers in connection
therewith are hereby delegated to the City Controller; provided,that the terms of the
Refunding Bonds to be issued, including the rate or rates of interest borne thereby, shall
comply with the requirements of Section 90.00 or Section 90.10 of the Local Finance Law, as
applicable. The City Controller shall file a copy of his certificates determining the details of the
Refunding Bonds and the final Refunding Financial Plan with the City Clerk not later than ten
(10) days after the delivery of the Refunding Bonds, as herein provided.
Section 5. The City Controller is hereby authorized and directed to enter into an escrow
contract or contracts (collectively the "Escrow Contract") with a bank or trust company, or with
banks or trust companies, located and authorized to do business in this State as said President
shall designate (collectively the "Escrow Holder")for the purpose of having the Escrow Holder
act, in connection with the Refunding Bonds, as the escrow holder to perform the services
described in Section 90.10 of the Local Finance Law.
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January 4, 2017
Section 6. The faith and credit of said City of Ithaca, Tompkins County, New York, are
hereby irrevocably pledged to the payment of the principal of and interest on the Refunding
Bonds as the same respectively become due and payable. An annual appropriation shall be
made in each year sufficient to pay the principal of and interest on such bonds becoming due
and payable in such year. There shall be annually levied on all the taxable real property in said
City a tax sufficient to pay the principal of and interest on such Refunding Bonds as the same
become due and payable.
Section 7. All of the proceeds from the sale of the Refunding Bonds, including the premium,
if any, but excluding accrued interest thereon, shall immediately upon receipt thereof be placed
in escrow with the Escrow Holder for the Refunded Bonds. Accrued interest on the Refunding
Bonds shall be paid to the City to be expended to pay interest on the Refunding Bonds. Such
proceeds as are deposited in the escrow deposit fund to be created and established pursuant to
the Escrow Contract, whether in the form of cash or investments, or both, inclusive of any
interest earned from the investment thereof, shall be irrevocably committed and pledged to
the payment of the principal of and interest on the Refunded Bonds in accordance with Section
90.10 of the Local Finance Law, and the holders, from time to time, of the Refunded Bonds shall
have a lien upon such moneys held by the Escrow Holder. Such pledge and lien shall become
valid and binding upon the issuance of the Refunding Bonds and the moneys and investments
held by the Escrow Holder for the Refunded Bonds in the escrow deposit fund shall
immediately be subject thereto without any further act. Such pledge and lien shall be valid and
binding as against all parties having claims of any kind in tort, contract or otherwise against the
City irrespective of whether such parties have notice thereof.
Section 8. Notwithstanding any other provision of this resolution, so long as any of the
Refunding Bonds shall be outstanding, the City shall not use, or permit the use of, any proceeds
from the sale of the Refunding Bonds in any manner which would cause the Refunding Bonds to
be an "arbitrage bond" as defined in Section 148 of the Internal Revenue Code of 1986, as
amended, and, to the extent applicable,the Regulations promulgated by the United States
Treasury Department thereunder.
Section 9. In accordance with the provisions of Section 53.00 and of paragraph h of Section
90.10 of the Local Finance Law, in the event such bonds are refunded,the City hereby elects to
call in and redeem each respective series of Refunded Bonds which the City Controller shall
determine to be refunded in accordance with the provisions of Section 4 hereof and with
regard to which the right of early redemption exists. The sum to be paid therefor on such
redemption date shall be the par value thereof plus the redemption premium, and the accrued
interest to such redemption date. The Escrow Agent for the Refunding Bonds is hereby
authorized and directed to cause notice of such call for redemption to be given in the name of
the City in the manner and within the times provided in the Refunded Bonds. Such notice of
redemption shall be in substantially the form attached to the Escrow Contract. Upon the
issuance of the Refunding Bonds, the election to call in and redeem the callable Refunded
Bonds and the direction to the Escrow Agent to cause notice thereof to be given as provided in
this paragraph shall become irrevocable, provided that this paragraph may be amended from
time to time as may be necessary in order to comply with the publication requirements of
paragraph a of Section 53.00 of the Local Finance Law, or any successor law thereto.
Section 10. The Refunding Bonds shall be sold at public competitive sale or at private sale to
an underwriter to be determined by the City Controller (the "Underwriter") for purchase prices
to be determined by the City Controller, plus accrued interest from the date or dates of the
Refunding Bonds to the date or dates of the delivery of and payment for the Refunding Bonds.
Subject to the approval of the terms and conditions of such private sale by the State
Comptroller as required by subdivision 2 of paragraph f of Section 90.10 of the Local Finance
Law, the City Controller is hereby authorized to execute and deliver a purchase contract for the
Refunding Bonds in the name and on behalf of the City providing the terms and conditions for
the sale and delivery of the Refunding Bonds to the Underwriter. After the Refunding Bonds
have been duly executed, they'shall be delivered by the City Controller to the Underwriter in
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January 4, 2017
accordance with said purchase contract or to the winning purchaser by competitive bid upon
the receipt by the City of said purchase price, including accrued interest.
Section 11. The City Controller and all other officers, employees and agents of the City are
hereby authorized and directed for and on behalf of the City to execute and deliver all
certificates and other documents, perform all acts and do all things required or contemplated
to be executed, performed or done by this resolution or any document or agreement approved
hereby.
Section 12. All other matters pertaining to the terms and issuance of the Refunding Bonds
shall be determined by the City Controller and all powers in connection thereof are hereby
delegated to the City Controller. The City Controller shall be further authorized to issue said
Refunding Bonds pursuant to Section 90.00 or Section 90.10 of the Local Finance Law as said
officer shall determine necessary, in consultation with bond counsel to the City.
Section 13. The validity of the Refunding Bonds may be contested only if:
1. Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2. The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the date of such publication, or
3. Such obligations are authorized in violation of the provisions of the Constitution.
Section 14. A summary of this resolution, which takes effect immediately, shall be published
in the official newspapers of said City,together with a notice of the City Clerk in substantially
the form provided in Section 81.00 of the Local Finance Law.
The foregoing resolution was duly put to a vote which resulted as follows:
Discussion followed on the floor with Alderperson Brock questioning whether there is new debt
included in this Resolution. City Controller Thayer explained that this action is projected to
create$2 million in savings in interest costs over the next 18 years. This vote gives the
Controller the ability to refinance bonds if conditions are favorable for the City. There is no
new debt included in this action and no extension of payoff dates.
A vote on the Resolution resulted as follows:
Alderperson Brock- Nay Alderperson McGonigal -Aye
Alderperson Nguyen -Aye Alderperson Murtagh -Aye
Alderperson Gearhart- Aye Alderperson Fleming- Aye
Alderperson Smith -Aye Alderperson Kerslick- Aye
Alderperson Mohlenhoff—Aye Alderperson Martell—absent
Carried (8-1-0)
9.3 A Resolution Authorizing the Issuance of$6,464,450 Bonds of the City of Ithaca,
Tompkins County, New York,to Pay the Cost of Certain Capital Improvements in and for Said
City
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
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
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January 4, 2017
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 $6,464,450 bonds of said City pursuant to the provisions of the Local Finance Law,
apportioned among such capital improvements in accordance with the maximum estimated
cost of each. The capital improvements to be financed pursuant to this bond resolution,the
maximum estimated cost of each, the amount of bonds to be authorized therefore,the period
of probable usefulness of each, and whether said capital improvements are each a specific
object or purpose or a 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) Construction and reconstruction of various streets throughout and in and for said City,
at a maximum estimated cost of$500,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance of$500,000 of the
$6,464,450 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 20(c) of paragraph a of Section 11.00 of the Local
Finance Law;
b) Construction of improvements to various City buildings, in and for said City, at a
maximum estimated cost of$367,000. It is hereby determined that the plan for the financing
of such class of objects or purposes shall consist of the issuance of$367,000 bonds of the
$6,464,450 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 91, based upon subdivisions 12(a)(1) and 12(a)(2)
of paragraph a of Section 11.00 of the Local Finance Law;
c) Purchase and installation of street lights, in and for said City, at a maximum estimated
cost of$653,000. It is hereby determined that the plan for the financing of such class of objects
or purposes shall consist of the issuance of$653,000 bonds of the $6,464,450 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
ultimate 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 class of
objects or purposes is 30 years, pursuant to subdivision 5 of paragraph a of Section 11.00 of the
Local Finance Law;
d) Site improvements to the Hangar Theatre Building, in and for said City, including site
demolition, 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 $6,464,450 bonds of said City authorized to be issued pursuant to this bond resolution. It is
hereby determined that the period of probable usefulness of the aforesaid specific object or
purpose is 10 years, pursuant to subdivision 20(f) of paragraph a of Section 11.00 of the Local
Finance Law;
e) Planning costs for bridge inspection program, in and for said City, at a maximum
estimated cost of$101,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$101,000 bonds of the$6,464,450
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) Design and scoping costs for the replacement of the Brindley Street Bridge (Phase II), in
and for said City, at a maximum estimated cost of$134,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the issuance of
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January 4, 2017
$134,000 bonds of the $6,464,450 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 ultimate 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;
g) Transportation improvements for the Cascadilla Creekway Project, including
replacement of Sears Street Pedestrian Bridge, replacing and enhancing the railing along
Cascadilla Creek, and making pedestrian and bicycle improvements at various City intersections
thereat, in and for said City, at a maximum estimated cost of$340,000. It is hereby determined
that the plan for the financing of such class of objects or purposes shall consist of the issuance
of$340,000 bonds of the $6,464,450 bonds of said City authorized to be issued pursuant to this
bond resolution; provided, however,that to the extent that any Federal or State grants-in-aid
are received for such class of objects or purposes,the ultimate 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 class of objects or purposes is 10 years, pursuant
to subdivision 90, based upon subdivisions 10 and 24 of paragraph a of Section 11.00 of the
Local Finance Law;
h) Reconstruction of and construction of improvements to the Dryden Road Parking
Garage, 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 $6,464,450 bonds of said City authorized to be issued pursuant to this
bond resolution. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a
of Section 11.00 of the Local Finance Law;
i) Design and construction of new traffic control improvements at the five corners
intersection of Ithaca Road, Dryden Road, Maple Avenue, Cornell Street, and Oak Avenue, in
and for said City, at a maximum estimated cost of$76,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the issuance of$76,000
bonds of the$6,464,450 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 91, based on 20(c) and 72(2nd) of
paragraph a of Section 11.00 of the Local Finance Law;
j) Spencer Street and Quarry Street intersection improvement study (Phase II), in and for
said City, including incidental equipment, at a maximum estimated cost of$150,000. It is
hereby determined that the plan for the financing of such specific object or purpose shall
consist of the issuance of$50,000 bonds of the $6,464,450 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;
k) Roof replacement of the Stewart Park Pavilion, in and for said City, at a maximum
estimated cost of$181,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$181,000 bonds of the$6,464,450
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;
I) Traffic calming improvements at various City streets, in and said City, at a maximum
estimated cost of$51,000. It is hereby determined that the plan for the financing of such class
of objects or purposes shall consist of the issuance of$51,000 bonds of the $6,464,450 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 10 years,
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January 4, 2017
pursuant to subdivision 90, based upon subdivisions 20(c) and 72(2nd) of paragraph a of
Section 11.00 of the Local Finance Law;
m) Greater Ithaca Activities Center pool improvements, consisting of the construction and
installation of an ADA compliant chair lift and other minor structural improvements, in and for
said City, at a maximum estimated cost of$32,000. It is hereby determined that the plan for
the financing of such specific object or purpose shall consist of the issuance of$32,000 bonds of
the $6,464,450 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 32 of paragraph a of Section 11.00 of the Local
Finance Law;
n) Construction of improvements to the Cass Park Pool deck, in and for said City, at a
maximum estimated cost of$23,500. It is hereby determined that the plan for the financing of
such specific object or purpose shall consist of the issuance of$23,500 bonds of the $6,464,450
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;
o) Cayuga Street lighting improvements, in and for said City, at a maximum estimated cost
of$126,000. It is hereby determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of$126,000 bonds of the$6,464,450 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 30 years, pursuant
to subdivision 5 of paragraph a of Section 11.00 of the Local Finance Law;
p) Construction of play area improvements to the Commons, consisting of the removal of
the deck on the play structure, redesign of the entrances on the play structure to allow for
improved ADA compliance and additional activity panels installation, 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 $6,464,450
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;
q) Improvements to the roof of the City Court facility, in and for said City, at a maximum
estimated cost of$30,500. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$30,500 bonds of the $6,464,450
bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific object or purpose is
10 years, pursuant to subdivision 90, based upon subdivisions 12(a)(1) and 13 of paragraph a of
Section 11.00 of the Local Finance Law;
r) The purchase, installation and improvement of transit facilities and equipment, for said
City, consisting of bus replacement and passenger facilities, including transit software and
hardware, at a maximum estimated cost of$153,700. It is hereby determined that the plan for
the financing of such class of objects or purposes shall consist of the issuance of$153,700
bonds of the $6,464,450 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, based upon subdivisions 12, 29
and 106 of paragraph a of Section 11.00 of the Local Finance Law;
s) The purchase of equipment for various departments, at an aggregate maximum
estimated cost of$534,440, allocated as follows:
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January 4, 2017
(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$383,000. It is hereby
determined that the plan for the financing of such class of objects or purposes shall consist of
the issuance of$383,000 bonds of the $6,464,450 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; and
(ii) Purchase of police cars to replace those in service for one year or more, for said City, at
a maximum estimated cost of$201,000. It is hereby determined that the plan for the financing
of such class of objects or purposes shall consist of the issuance of$201,000 bonds of the
$6,464,450 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
t) Purchase and installation of parking meters and related equipment, in and for said City,
at a maximum estimated cost of$252,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance of$252,000 bonds of
the $6,464,450 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 50 of paragraph a of Section 11.00 of the Local
Finance Law;
u) Replacement of the Coddington Road water tank dome, in and for said City, at a
maximum estimated cost of$599,500. It is hereby determined that the plan for the financing
of such specific object or purpose shall consist of the issuance of$599,500 bonds of the
$6,464,450 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;
v) Replacement of 6 and 12-inch water mains at the intersection of Ithaca Road, Dryden
Road, Maple Avenue, Cornell Street, and Oak Avenue, in and for said City, at a maximum
estimated cost of$56,100. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$56,100 bonds of the $6,464,450
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;
w) Replacement of 6 and 12-inch sewer mains at the intersection of Ithaca Road, Dryden
Road, Maple Avenue, Cornell Street, and Oak Avenue, in and for said City, at a maximum
estimated cost of$84,150. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$84,150 bonds of the $6,464,450
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;
x) Water connection improvements, consisting of improvements to water connections at
the City line on Cliff Street and Trumansburg Road, in and for said City, at a maximum estimated
cost of$80,000. It is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of$80,000 bonds of the $6,464,450 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;
y) University Avenue water main replacement, in and for said City, at a maximum
estimated cost of$22,000. It is hereby determined that the plan for the financing of such
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January 4, 2017
specific object or purpose shall consist of the issuance of$22,000 bonds of the $6,464,450
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;
z) University Avenue sewer main replacement, in and for said City, at a maximum
estimated cost of$33,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$33,000 bonds of the $6,464,450
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;
aa) Refurbishment of a fire-fighting heavy rescue vehicle, for said City, at a maximum
estimated cost of$100,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of$100,000 bonds of the $6,464,450
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;
bb) Design and construction of ADA ramps and pedestrian improvements, consisting of curb
bulb-outs, together with equipment, signage and striping for various sites, in and for said City,
at a maximum estimated cost of$250,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance of$250,000 bonds of
the $6,464,450 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 ultimate 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 class of objects or purposes is 10 years, pursuant to
subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law;
cc) Design costs in connection with the construction of the Elmira Road overlay and traffic
signal replacement, in and for said City, at a maximum estimated cost of$210,600. It is hereby
determined that the plan for the financing of such class of objects or purposes shall consist of
the issuance of$210,600 bonds of the $6,464,450 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
62nd(2nd) of paragraph a of Section 11.00 of the Local Finance Law;
dd) Design costs for the reconstruction of the East State Street/MLK Retaining Wall, in and
for said City, at a maximum estimated cost of$816,400. It is hereby determined that the plan
for the financing of such specific object or purpose shall consist of the issuance of$816,400
bonds of the $6,464,450 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 ultimate 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 62nd(2nd) of paragraph a of Section 11.00 of the Local Finance Law;
ee) Expansion costs to the Greater Ithaca Activities Center wading pool, in and for said City,
at a maximum estimated cost of$305,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of$305,000 bonds of
the$6,464,450 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 ultimate 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 15 years, pursuant to
subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law;
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January 4, 2017
Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is
$6,464,450, and the plan for the financing thereof is by the issuance of the $6,464,450 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.
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. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear
on said bonds, prescribing the method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds
(and if said bonds are to be executed in the name of the City by the facsimile signature of the
City Controller, providing for the manual countersignature of a fiscal agent or of a designated
official of the City),the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be determined
by the City Controller. It is hereby determined that it is to the financial advantage of the City
not to impose and collect from registered owners of such serial bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause
provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and
contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as
the City Controller shall determine.
Section 6. The powers and duties of advertising such bonds for sale, conducting the sale
and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such
bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for
the interests of the City; provided, however,that in the exercise of these delegated powers, he
shall comply fully with the provisions of the Local Finance Law and any order or rule of the State
Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a
full acquittance to the purchaser of such bonds, who shall not be obliged to see to the
application of the purchase money.
Section 7. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with, and an action, suit or proceeding
contesting such validity is commenced within twenty days after the date of such
publication, or
3) Such obligations are authorized in violation of the provisions of the Constitution.
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January 4, 2017
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.
Discussion followed on the floor with Alderperson Fleming questioning the inclusion of the
Hangar Theater project in this Resolution. She questioned whether the Hangar Theater was
conducting a fundraising campaign. Mayor Myrick explained that the City owns the land and
the building and although the Hanger Theater will be doing a fundraising campaign, a small
amount of funds are needed to demonstrate to potential donors that the City is investing in the
property as well.
Alderperson Murtagh commented on the City's high debt load. City Controller Thayer
explained that the City has invested heavily in infrastructure to attract development. Financial
flexibility is reduced as debt has to be paid, so his goal is to reduce the amount of debt the City
is carrying. He noted that half of this bond issue is cost effective debt that needs to be fronted
for projects but all but 5-15%will be reimbursed by State and Federal funding.
Alderperson McGonigal voiced his opposition to the purchase of additional pay stations.
The foregoing resolution was duly put to a vote which resulted as follows:
Alderperson Brock-Aye Alderperson McGonigal -Aye
Alderperson Nguyen -Aye Alderperson Murtagh -Aye
Alderperson Gearhart-Aye Alderperson Fleming-Aye
Alderperson Smith -Aye Alderperson Kerslick-Aye
Alderperson Mohlenhoff-Aye Alderperson Martell—absent
Carried Unanimously(9-0)
9.4 A Resolution Authorizing the Issuance of an Additional $950,000 Bonds of the City of
Ithaca,Tompkins County, New York,to Pay Part of the Cost of the Stewart Avenue Bridge
Painting and Reconstruction Project, in and for Said City
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, all conditions precedent to the financing of the capital project hereinafter described,
including compliance with the provisions of the State Environmental Quality Review Act, have
been performed; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof, now,
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the
Common Council of the City of Ithaca,Tompkins County, New York, as follows:
Section 1. For the specific object or purpose of paying part of the cost of painting of the
Stewart Avenue Bridge over Cascadilla Creek, in and for the City of Ithaca,Tompkins County,
New York, including incidental railing and deck reconstruction,there are hereby authorized to
be issued an additional $950,000 bonds pursuant to the provisions of the Local Finance Law.
Said specific object or purpose is hereby authorized at the new maximum estimated cost of
$1,030,000.
Section 2. The plan for the financing of such $1,030,000 maximum estimated cost is as
follows:
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January 4, 2017
a) By the issuance of the $80,000 bonds of said City heretofore authorized to be issued
therefor pursuant to a bond resolution dated July 15, 2015; and
b) By the issuance of the additional $950,000 bonds of said City herein authorized;
provided, however,that the amount of obligations ultimately to be issued will be reduced by
any State and/or Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is 10 years, pursuant to subdivision 10 of paragraph a of Section
11.00 of the Local Finance Law, computed from July 31, 2015,the date of the first bond
anticipation note issued therefor.
Section 4. The faith and credit of said City of Ithaca,Tompkins County, New York, are
hereby irrevocably pledged for the payment of the principal of and interest on such obligations
as the same respectively become due and payable. An annual appropriation shall be made in
each year sufficient to pay the principal of and interest on such obligations becoming due and
payable in such year. There shall annually be levied on all the taxable real property of said City,
a tax sufficient to pay the principal of and interest on such obligations as the same become due
and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the
issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the
bonds herein authorized, including renewals of such notes, is hereby delegated to the City
Controller,the chief fiscal officer. Such notes shall be of such terms, form and contents, and
shall be sold in such manner, as may be prescribed by said City Controller, consistent with the
provisions of the Local Finance Law.
Section 6. Such bonds shall be in fully registered form and shall be signed in the name of
the City of Ithaca, Tompkins County, New York, by the manual or facsimile signature of the City
Controller and a facsimile of its corporate seal shall be imprinted or impressed thereon and may
be attested by the manual or facsimile signature of the City Clerk.
Section 7. All other matters, except as provided herein relating to such bonds, including
determining whether to issue such bonds having substantially level or declining debt service
and all matters related thereto, prescribing whether manual or facsimile signatures shall appear
on said bonds, prescribing the method for the recording of ownership of said bonds, appointing
the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds
(and if said bonds are to be executed in the name of the City by the facsimile signature of the
City Controller, providing for the manual countersignature of a fiscal agent or of a designated
official of the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be determined
by the City Controller. It is hereby determined that it is to the financial advantage of the City
not to impose and collect from registered owners of such serial bonds any charges for mailing,
shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly,
pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so
collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause
provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and
contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as
the City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested only if:
1) Such obligations are authorized for an object or purpose for which said City is not
authorized to expend money, or
2) The provisions of law which should be complied with at the date of publication of this
resolution are not substantially complied with, and an action, suit or proceeding contesting
such validity is commenced within twenty days after the date of such publication, or
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January 4, 2017
3) Such obligations are authorized in violation of the provisions of the Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are,
or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set
aside with respect to the permanent funding of the object or purpose described herein.
Section 10. This resolution, which takes effect immediately, shall be published in summary
form in the official newspaper,together with a notice of the City Clerk in substantially the form
provided in Section 81.00 of the Local Finance Law.
The foregoing resolution was duly put to a vote which resulted as follows:
Alderperson Brock-Aye Alderperson McGonigal -Aye
Alderperson Nguyen -Aye Alderperson Murtagh -Aye
Alderperson Gearhart-Aye Alderperson Fleming-Aye
Alderperson Smith -Aye Alderperson Kerslick-Aye
Alderperson Mohlenhoff-Aye Alderperson Martell—absent
Carried Unanimously(9-0)
9.5 Approval of Amendment to the City of Ithaca Anti-Discrimination and Anti-
Harassment Policy- Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, Common Council adopted an Anti-Discrimination and Anti-Harassment Policy in
2011,which identified protected classes as were listed in the City of Ithaca Human Rights
Protection law; and
WHEREAS, in 2003 Common Council included the protection of transgender persons by
modifying the definition of Gender in its Human Rights Protection law; and
WHEREAS, Common Council desires to use inclusive and consistent language throughout the
City's policies and code; and
WHEREAS, Common Council wishes to revise the Anti-Discrimination and Anti-Harassment
Policy to add "Gender Identity or Expression" specifically as a listed protected class; and
WHEREAS, several other changes are needed to the Anti-Discrimination and Anti-Harassment
Policy, including the addition of the word "Sex,"to make the language consistent with other
language in the City Code; now, therefore be it
RESOLVED, That Common Council hereby amends the City of Ithaca Anti-Discrimination and
Anti-Harassment Policy to include "Gender Identity or Expression" and "Sex" and to make other
changes needed to make the language consistent with language in the City Code.
Carried Unanimously(9-0)
City of Ithaca
Anti-Discrimination and Anti-Harassment Policy
Statement of Policy
The City of Ithaca is committed to maintaining a work environment in which all individuals are
treated with respect and dignity. Each individual has the right to work in a professional
atmosphere that promotes equal employment opportunities and prohibits discriminatory
practices, including harassment and hostile behaviors. Therefore, the Mayor and Common
Council expect that all relationships and interactions among persons in the City work
environment will be professional; respectful; and free from bias, prejudice, hostility, and
harassment.
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January 4, 2017
The State of New York and the City of Ithaca prohibit discrimination based on the actual or
perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status;
gender;gender identity or expression; height;weiglati immigration or citizenship status; marital
status; military status; national origin; predisposing genetic characteristics; race; religion; sex;
sexual orientation; of socioeconomic status; or weight of an individual. All such discrimination
is unlawful and will not be tolerated. Additionally,the City does not allow bias-based harassment,
or harassment of any other kind, in its workplace. The City of Ithaca is committed to taking all
reasonable steps to prevent discrimination and harassment from occurring in its workplace.
Definitions
Discrimination: Treating an individual differently because of the individual's membership in the
above mentioned categories. Discrimination based on membership in these categories (other
than providing reasonable accommodation for differently-abled persons)is prohibited by federal,
state, or local laws.
Harassment: Unwanted, unreasonable verbal or physical conduct directed toward or affecting
another person that annoys, disturbs, frightens, insults or offends that other person, that
continues or is repeated after a request to cease,and that: 1)has the purpose or effect of creating
an intimidating, hostile, or offensive work environment; 2) has the purpose or effect of
unreasonably interfering with an individual's work performance; or 3) otherwise adversely
affects an individual's employment opportunities. Harassment includes bias-based harassment
and sexual harassment.
Bias-Based Harassment: Harassment that denigrates, offends or shows hostility or aversion
toward an individual because of his/her actual or perceived age;creed;color; disability;domestic
violence victim status; ethnicity; familial status; gender; gender identity or expression; height;
weig#ti immigration or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual orientation; of socioeconomic
status; or weight or that of his/her relatives, friends, or associates. Bias-based harassment
includes, but is not limited to: epithets, slurs or negative stereotyping;threatening, intimidating,
or hostile acts; denigrating jokes; and written or graphic material that denigrates, ridicules,
objectifies, or shows hostility, aversion or contempt toward an individual or group and that is
placed on walls, bulletin boards, lockers or elsewhere on or in the employer's premises,vehicles,
or equipment, or is circulated in the workplace, including through electronic means.
Scope of Policy
This policy applies to all City officers and employees. This policy applies to all aspects of the
relationship between the City and its employees, including but not limited to: recruitment,
employment, promotion, training, working conditions, and benefits. Also, employees of the City
shall not discriminate against independent contractors, volunteers, personnel employed by
temporary agencies,applicants,customers,the general public, and any other persons or agencies
doing business for or with the City. It is the expectation that independent contractors shall not
discriminate against City employees. If any contractor violates this policy, appropriate action will
be taken.
Department heads and supervisory personnel are responsible for ensuring a work environment
free from unlawful discrimination or harassment. These individuals must take immediate and, if
authorized,appropriate corrective action when allegations of discrimination or harassment come
to their attention to assure compliance with this policy. Should a department head or supervisor
not be authorized to take corrective action,the matter shall be referred to the individual or body,
as the case may be, having the authority to take corrective action.
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January 4, 2017
Reporting and Investigating
Any City officer or employee who witnesses or experiences an incident of suspected
discrimination or harassment shall report the incident to the appropriate department head or to
the Human Resources Director, or their designees, as soon as possible after an alleged incident.
Complaint Procedure
Informal Procedure
Some situations may be resolved in an informal manner by the Department Head
or supervisor without the need for a formal complaint and investigation.
Disciplinary action may not be imposed without a formal complaint being filed,
and a finding, after investigation, that there is probable cause to believe
discrimination or harassment occurred.
An individual reporting harassment, discrimination, or retaliation should be
aware; however, that the City of Ithaca may decide it is necessary to take action
to address such conduct beyond an informal discussion. This decision will be
discussed with the individual making the complaint.
Formal Procedure
A formal complaint must be in writing and must include the act(s), complained
about, identify the person or persons alleged to have committed such act(s), and
indicate the approximate dates, if known, when the act(s) occurred. Employees
and officers can fill out the form themselves, or ask for help from their supervisor,
Department Head, or the Human Resources Director. A formal complaint shall be
filed with the Department of Human Resources.
Investigation Procedure
Once a formal complaint has been received, the Human Resources Director or the Director's
designee will commence a prompt investigation of the allegations in the complaint and will report
the results of the investigation to the complainant's Department Head or to the Mayor, as
appropriate. The investigation should be concluded within sixty (60) days of the filing of the
formal complaint. The investigation may be expanded if additional allegations are uncovered
during the investigation.
The investigation may include but is not limited to: identifying the alleged harasser, separately
interviewing witnesses, meeting with the person accused to inform her/him of the complaint and
informing her/him that retaliation is prohibited, interviewing the accused person regarding the
allegations, interviewing witnesses, and determining whether or not there is probable cause to
believe that the allegations are true.
Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and
resolution of objectionable behavior. Complaints should be filed within one year of the alleged
harassment.
Post-Investigation and Appeal Procedure
Unfounded Complaints
If, after an investigation, a complaint is determined to be unfounded, the Human
Resources Director will inform the complainant(s) and the accused that the
complaint is unfounded. The Human Resources Department will maintain a
confidential record of the investigation.
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January 4, 2017
Founded Complaints
If a complaint is founded, the Human Resources Director and the Department
Head or Mayor will meet with the person accused and his/her union
representative, if the accused is represented, and explain the findings of the
investigation. The accused will have an opportunity to accept the findings and any
corrective and/or disciplinary action,or to oppose the findings and file a grievance
through his/her collective bargaining unit. The Human Resources Department will
maintain a confidential record of the investigation.
In the event that either the employee alleging discrimination or harassment, or
the employee being charged with discrimination or harassment, is not covered by
a labor contract, the employee may exercise the employee's appeal rights
provided for by Civil Service Law, Section C-26.1 of the City Charter, or Article 1 of
Chapter 90 of the Code of the City of Ithaca, as appropriate.
Corrective and Disciplinary Action
Corrective and disciplinary action for discrimination or harassment may include,
but is not limited to, any of the following: attending individualized training;verbal
warning; written reprimand;work restrictions; monetary fine; salary reduction or
limitation; demotion; suspension; dismissal.
Confidentiality
The City wishes to create a safe and comfortable environment in which employees are not afraid
to discuss concerns and complaints, or to seek general information about discrimination,
harassment, or retaliation. The City recognizes that employees may be concerned about the
confidentiality of information they share and will strive to preserve confidentiality to the fullest
extent possible.
Employees must understand that their anonymity cannot always be maintained, especially if
disciplinary action is warranted.
Filing Complaints with Outside Agents
This internal complaint and investigation process does not substitute for or remove the rights of
employees or officers to bring charges of discrimination or harassment with local, federal, and
state agencies. Those agencies have specific time limits within which complaints can be brought,
and employees or officers should consult each agency as to the proper procedure or time limit.
Support Services
Individuals involved in discrimination or harassment complaints are encouraged to seek
assistance through the Employee Assistance Program or the Human Resources Department.
Responsibilities of Managers and Supervisors
All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this
policy and shall have particular responsibility for ensuring that the work environment under their
supervision is free from harassment and discrimination and its effects.
All managerial and supervisory staff who receives harassment or discrimination complaints will
be responsible for immediately forwarding such complaints to either their Department Head or
the Director of Human Resources for investigation.
The City shall conduct training for managerial and supervisory staff in each department on the
issues surrounding harassment and discrimination, its effects and its appearances, and the role
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January 4, 2017
and responsibility of supervisory personnel in preventing incidents of harassment or
discrimination and resolving complaints.
The City shall also distribute this policy to all City employees and conspicuously post this policy
at all City work sites. Copies of this policy will also be distributed to new employees as they are
hired. Employees will be required to sign a statement that they have read and understood the
policy. The City shall also conduct training for all City employees on the concept and definition
of harassment and discrimination,the issues surrounding it, and ways in which to deal with it
appropriately.
Violation of Policy
Violations of this policy, regardless of whether or not an actual law has been violated,will not be
tolerated. The City of Ithaca will investigate every issue that is brought to its attention in this
area and will take appropriate action.
Retaliation
Retaliation against an individual for reporting harassment or discrimination or for participating
in an investigation of a claim of harassment or discrimination is a serious violation of this policy
and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of
retaliation should be reported immediately to the Human Resources Director and will be
promptly investigated and addressed.
Related Laws and Policies:
City Code- Human Rights Protection —Chapter 215
Sexual Harassment Policy
Workplace Violence Prevention Policy
Employee Standards of Conduct
9.6 An Ordinance to Amend Various Sections of the City of Ithaca Municipal Code
Regarding Discrimination
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
ORDINANCE 2017-
WHEREAS, the City Code has long included specific protections for the transgender community,
including reference to gender identity or expression, and
WHEREAS, reference to gender identity or expression, and other protected classes, has been
inconsistent throughout the City Code, and
WHEREAS, reference to gender identity or expression is included in Chapter 215 only as part of
the definition of gender for that Chapter, and
WHEREAS, Common Council now desires to define and protect "gender identity or expression"
separately from "gender" within Chapter 215, and
WHEREAS, in order to make consistent the references to various protected classes, the list of
protected classes throughout the City Code should be "actual or perceived age; creed; color;
disability; domestic violence victim status; ethnicity; familial status; gender; gender identity or
expression; height; immigration or citizenship status; marital status; military status; national
origin; predisposing genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight;" now therefore
28
January 4, 2017
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Chapter 39, Section 39-1, is hereby amended to read as follows:
Chapter 39: Contracts
Article I: Nondiscrimination
§39-1 Nondiscrimination Clause.
The following clause shall be included in any City contract: "The contractor will not discriminate
against any employee, applicant for employment, subcontractor, supplier of materials or
services or program participant because of actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status; gender;gender identity or
expression; height; immigration or citizenship status; marital status; military status; national
origin;predisposing genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight."
Section 2. Chapter 152, Section 152-8, Subsection VV (1), is hereby amended to read as
follows:
Chapter 152: Communications Technology
§152-8 Consumer protection standards.
VV. Rights of individuals.
(1) Nondiscrimination required. The grantee shall not deny service, deny access, or otherwise
discriminate against subscribers or channel users on the basis of actual or perceived age;
creed; color; disability; domestic violence victim status; ethnicity; familial status;gender;
gender identity or expression; height,;immigration or citizenship status; marital status;
military status; national origin;predisposing genetic characteristics; race; religion; sex;
sexual orientation; socioeconomic status; or weight of such person or group of people.
Section 3. Chapter 152, Section 152-11, Subsection B, is hereby amended to read as follows:
Chapter 152: Communications Technology
§152-11 Employment practices.
B. Nondiscrimination required. The grantee shall not discriminate against any employee or
applicant for employment, subcontractor, supplier of materials or services, or other person
by reason of actual or perceived age; creed; color; disability; domestic violence victim
status; ethnicity; familial status;gender; gender identity or expression p _sentation;
height; immigration or citizenship status; marital status; military status; national origin;
predisposing genetic characteristics; race; religion; sex; sexual orientations-ef
socioeconomic status; or weight of such person or group of people. The grantee shall
comply at all times with all other generally applicable federal and state laws and
regulations, which are hereby incorporated and made part of this article by reference.
Section 4. Chapter 157, Article II, Section 157-6, Subsection B, is hereby amended to read as
follows:
Chapter 157: Commons
Article II: Use of the Commons
§157-6 Responsibilities of permit holder.
B. A permit holder or vendor shall not discriminate against the people attending his or her
event or patronizing his or her business because of actual or perceived aged creed;;color;;
disability,;domestic violence victim status; ethnicity,;familial status;;gender,;gender
identity or expression; height;;immigration or citizenship status7;marital status7;military
status; national origin;;predisposing genetic characteristics; race;;religion;;sex; sexual
orientation;;socioeconomic status;;or weight.
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January 4, 2017
Section 5. Chapter 157, Article III, Section 157-21, Subsection B (15), is hereby amended to
read as follows:
Chapter 157: Commons
Article III: Outdoor Dining
§157-21 Application; rules of operation; permits; appeals.
B. Rules of operation.
(15) The applicant shall not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of
actual or perceived age;;creed;;color;;disability;;domestic violence victim status;
ethnicity,;familial status;;,gender;;gender identity or expression; height;;immigration
or citizenship status;;marital status,;military status; national origin;;predisposing
genetic characteristics; race;;religion;;sex. sexual orientation;;socioeconomic status;;
or weight.
Section 6. Chapter 157, Article IV, Section 157-26, Subsection B, is hereby amended to read as
follows:
Chapter 157: Commons
Article IV: Mobile Vending
§157-26 Vendor responsibility.
B. The vendor will not discriminate against any employee, applicant for employment,
subcontractor, supplier of materials or services, or program participant because of
actual or perceived age;;creed;;color;;disability;domestic violence victim status;
ethnicity,;familial status;;gender;;gender identity or expression; height,;immigration
or citizenship status;;marital status;;military status; national origin;;predisposing
genetic characteristics; racer;religion;;sex; sexual orientation;;socioeconomic status,;
or weight.
Section 7. Chapter 215, Article I, Section 215-2, is hereby amended to add a definition as
follows:
Chapter 215: Human Rights Protection
Article I: Antidiscrimination
§215-2 Definitions.
GENDER
. . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .
GENDER IDENTITY OR EXPRESSION
When one's perception of self is different from their assigned sex at birth. External
appearance of one's gender identity, usually expressed through behavior, clothing,
haircut or voice, and which may or may not conform to socially defined behaviors and
characteristics typically associated with being either masculine or feminine.
Section 8. All provisions of Chapter 215, Article I are hereby amended such that every instance
of a phrase that begins with "actual or perceived age" and ends with "weight" is replaced with
the following phrase:
"actual or perceived age; creed; color; disability; domestic violence victim status;
ethnicity;familial status;gender; gender identity or expression; height; immigration or
30
January 4, 2017
citizenship status; marital status; military status; national origin; predisposing genetic
characteristics; race; religion; sex; sexual orientation; socioeconomic status; or weight"
Section 9. Chapter 232, Article VI, Section 232-69, Subsection A (1), is hereby amended to read
as follows:
Chapter 232: Licensing of Businesses and Occupations
Aritcle VI: Taxicabs
§232-69 Operating Regulations.
A.(1) Nondiscrimination: not refuse or neglect to convey any orderly person upon request in
the City unless previously engaged or unable or forbidden by the provisions of this
article or any other applicable law. Notwithstanding the foregoing, no driver licensed
under this chapter shall discriminate on the basis of actual or perceived age; creed;
color; disability; domestic violence victim status; ethnicity;familial status;gender;
gender identity or expression; height; immigration or citizenship status; marital status;
military status; national origin;predisposing genetic characteristics; race; religion;sex;
sexual orientation; socioeconomic status; weight; or location within the City of Ithaca
Section 10. In Chapter 325, Article V, Section 325-29-1, Subsection C,the definition for "Adult
Physical Contact Establishment" is amended as follows:
ADULT PHYSICAL CONTACT ESTABLISHMENT
Any establishment which offers or purports to offer massage or other physical contact
to patrons - -• - - -- - - - - - - - - - - :- - . Medical offices,
offices of persons licensed or authorized under the Education Law to practice massage
therapy, offices of persons licensed or otherwise authorized by the Education Law as
physical therapists or physical therapist assistants and electrolysis, karate,judo and
dance studios are not to be considered adult physical contact establishments under this
section.
Section 11.
Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this ordinance.
Section 12.
Effective date. This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Alderperson Brock thanked the City Administration Committee for all of the work they did on
this very important issued. She questioned why the term "gender" was being removed from
the City Code. Alderperson Mohlenhoff explained that the definition was very similar to the
definition of"gender identity or expression" and was deemed redundant. Discussion followed
on the floor regarding the difference between the terms "gender" and "sex".
Alderperson Brock stated that she would like to see the term "gender" be defined. Chief of
Staff Cogan explained that the term "gender" was only defined in one section of the code, and
there are many references to the protected classes throughout the code. Instead of adding the
definition of gender to all of those sections, it was easier to remove the single definition. It was
suggested that a possible amendment be brought back to City Administration that would
include the definition of gender and potentially additional terms as well.
A vote on the Ordinance resulted as follows:
Carried Unanimously(9-0)
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January 4, 2017
9.7 A Local Law to Amend Chapter 215 of the City of Ithaca Municipal Code entitled
"Human Rights Protection"Article V Entitled "Bias-Motivated Crimes"
By Alderperson Mohlenhoff: Seconded by Alderperson Smith
LOCAL LAW NO. 2017-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
It is the intent of this local law to make Chapter 215's references to gender identity or
expression, and other protected classes, consistent with other provisions of the City Code.
The Common Council makes the following findings of fact:
A. "Gender" and "gender identity or expression" are separate concepts, each
deserving of protection from discrimination under the City Code.
Section 2. Chapter 215, Section 215-29, Subsection A of the City of Ithaca Municipal Code is
hereby amended to read as follows:
§ 215-29 Purpose.
A. The Common Council of the City of Ithaca is concerned about violent and intimidating
actions based upon bias, prejudice and hatred which are prevalent in our society and have
been recognized as a serious problem in the City of Ithaca and the State of New York.
Violent and intimidating actions which are intended to hurt or intimidate individuals based
upon age, creed, color, disability, domestic violence victim status, ethnicity, familial
status, gender, gender identity or ffesen n+ion expression, height, immigration or
citizenship status, marital status, military status, national origin,predisposing genetic
characteristics, race, religion, sex, sexual orientation, socioeconomic status,or weight send
out a powerful message of intolerance not only to the victims of those acts but also to the
members of groups to which the victims belong.
Section 3.The definition for "Gender Identity or Presentation" in Section 215-30 is hereby
amended to read as follows:
§ 215-30 Definitions.
GENDER IDENTITY OR PRESENTnTIONEXPRESSION
When one's perception of self is different from their assigned sex at birth. External
appearance of one's gender identity, usually expressed through behavior, clothing, haircut or
voice, and which may or may not conform to socially defined behaviors and characteristics
typically associated with being either masculine or feminine.
Section 4. Section 215-31, Subsection A(2) is hereby amended to read as follows:
§ 215-31 Bias-motivated harassment.
A. A person commits the crime of bias-motivated harassment when:
(2) He or she intentionally selects the person or group of people against whom the act under
Subsection A(1) is committed because of the actual or perceived age; creed; color; disability;
domestic violence victim status; ethnicity; familial status;gender; gender identity or
presentation expression; height; immigration or citizenship status; marital status; military
status; national origin;predisposing genetic characteristics; race; religion; sex; sexual
orientation; socioeconomic status; or weight of such other person or group of people; or .
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January 4, 2017
Section 5. Section 215-32, Subsection A(2) is hereby amended to read as follows:
§ 215-32 Bias-motivated intentional criminal mischief.
A. A person commits the crime of bias-motivated intentional criminal mischief when, having
no right to do so nor any reasonable ground to believe that he or she has such right:
(2) He or she intentionally selects the person or group of people against whom the act under
Subsection A(1) is committed or selects the property damaged or otherwise affected by the act
under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status;gender; gender identity or_pr_:cnta+ion
expression; height; immigration or citizenship status; marital status; military status; national
origin;predisposing genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such other person or group of people or the owner or
occupant of that property; or
Section 6. Section 215-33, Subsection A(2) is hereby amended to read as follows:
§ 215-33 Bias-motivated reckless criminal mischief.
A. A person commits the crime of bias-motivated reckless criminal mischief when, having no
right to do so nor any reasonable ground to believe that he or she has such right:
(2) He or she intentionally selects the person or group of people against whom the act under
Subsection A(1) is committed or selects the property damaged or otherwise affected by the act
under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status;gender; gender identity or_presentatiee
expression; height; immigration or citizenship status; marital status; military status; national
origin;predisposing genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such other person or group of people or the owner or
occupant of that property; or
Section 7. Section 215-34, Subsection A(2) is hereby amended to read as follows:
§ 215-34 Bias-related graffiti-making.
A. A person commits the crime of bias-motivated graffiti-making when, without the express
permission of the owner or operator of said property:
(2) He or she intentionally selects the person or group of people against whom the act under
Subsection A(1) is committed or selects the property damaged or otherwise affected by the act
under Subsection A(1) because of the actual or perceived age; creed; color; disability; domestic
violence victim status; ethnicity; familial status;gender; gender identity or_
expression; height; immigration or citizenship status; marital status; military status; national
origin;predisposing genetic characteristics; race; religion; sex; sexual orientation;
socioeconomic status; or weight of such other person or group of people or the owner or
occupant of that property; or
Section 8.
Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portions of this ordinance.
Section 9.
Effective Date. This law will take effect immediately upon filing with the Secretary of State of
the State of New York
A roll call vote resulted as follows:
Alderperson Brock-Aye Alderperson McGonigal -Aye
Alderperson Nguyen -Aye Alderperson Murtagh -Aye
Alderperson Gearhart-Aye Alderperson Fleming-Aye
Alderperson Smith -Aye Alderperson Kerslick-Aye
Alderperson Mohlenhoff-Aye Alderperson Martell—absent
Carried Unanimously(9-0)
33
January 4, 2017
Motion to Enter into Executive Session
By Alderperson McGonigal: Seconded by Alderperson Kerslick
RESOLVED,That Common Council enter into Executive Session to discuss labor contract
negotiations.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
9.8 Approval and Authorization to Execute CSEA DPW Unit Contract-(Proposed Motion to
Enter into Executive Session to Discuss Matters Relating to Collective Negotiations with
Bargaining Units) - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
RESOLVED, That Common Council approves the agreement between the City of Ithaca and the
CSEA DPW Unit for a six-year term commencing January 1, 2015 and expiring December 31,
2020; and, be it further
RESOLVED,That the Mayor is authorized to fully execute the agreement on behalf of the City.
Carried Unanimously(9-0)
9.9 City Controller's Report:
City Controller Thayer reported on the following:
• Wrapping up year-end activity; opening new year activity
• Work on audits and bond activity has kept his office busy
Alderperson Mohlenhoff reported that the Committee Restructuring Working Group is working
to finalize their work and will be presenting their findings to Council at a Committee of the
Whole meeting on March 29th. Alderperson Murtagh noted that he would not be able to
attend that meeting.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend the Municipal Code of the City Of Ithaca, Chapter 325,
Entitled "Zoning"To Revise Entry and Building Length Requirements for the Collegetown Area
Form Districts
A. Declaration of Lead Agency for Environmental Review- Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be
established for conducting environmental review of projects in accordance with local and state
environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental review,the
lead agency shall be that local agency which has primary responsibility for approving and
funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review under
CEQR; now, therefore be it
RESOLVED,That the Common Council of the City of Ithaca does hereby declare itself lead
agency for the environmental review of the adoption of an ordinance to amend §325-45.2,
"District Standards," of the Collegetown Area Form Districts.
Carried (8-0)
Alderperson Fleming absent from vote
B. Determination of Environmental Significance—Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the Municipal
Code in order to revise the recessed entry and building length requirements for the
Collegetown Area Form Districts; and
34
January 4, 2017
WHEREAS, appropriate environmental review has been conducted including the preparation of
a Short Environmental Assessment Form (SEAF), dated November 15, 2016; and
WHEREAS, these zoning amendments have been reviewed by the Tompkins County Planning
Department Pursuant to §239-l—m of the New York State General Municipal Law, which
requires that all actions within 500 feet of a county or state facility, including county and state
highways, be reviewed by the County Planning Department, and have also been distributed for
review by the City of Ithaca Conservation Advisory Council and the City of Ithaca Planning and
Development Board; 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 in the Short Environmental Assessment Form,
dated November 15, 2016; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that
the proposed action at issue will not have a significant effect on the environment, and that
further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that the City
Clerk is hereby directed to file a copy of the same, together with any attachments, in the City
Clerk's Office, and forward the same to any other parties as required by law.
Carried (8-0)
Alderperson Fleming absent from vote
C. Adoption of Ordinance
By Alderperson Murtagh: Seconded by Alderperson
WHEREAS, there has been confusion over the application of the façade length requirement of
the Collegetown Area Form Districts, as adopted in 2014; and
WHEREAS, the proposed revisions would clarify the intent and application of various
regulations; now, therefore be it
ORDINANCE NO. 2017-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325
of the Municipal Code of the City of Ithaca be amended as follows:
Section 1.
Chapter 325, Section 325-45.26(10) of the Municipal Code of the City of Ithaca is hereby
amended to read as follows:
(10) Recessed Entry
(a) Definition: A functioning entry that is set back a minimum of[12"] 5'from the
front façade of the building.
Section 2.
The CR-1 Activation Table shown in Chapter 325, Section 325-45.2E(1) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
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January 4, 2017
ACTIVATION
DOORS AND ENTRIES
B) Functioning entry on the street-facing façade, min. 1
For corner lots, one functioning entry is required on the primary street-facing
façade
Section 3.
The CR-2 Activation Table shown in Chapter 325, Section 325-45.2E(2) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
ACTIVATION
DOORS AND ENTRIES
B) Functioning entry on the street-facing façade, min. 1
For corner lots, one functioning entry is required on the primary street-facing façade
Section 4.
The CR-3 Activation Table shown in Chapter 325,Section 325-45.2E(3) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
ACTIVATION
STREET FACADE
A) Building{facade}length, all streets, max 45'
B) Length of blank wall, max 8'
DOORS AND ENTRIES
C) Functioning entry on the street-facing facade, min. 1
For corner lots, one functioning entry is required on{a}the primary street-facing
façade
Section 5.
The CR-4 Activation Table shown in Chapter 325,Section 325-45.2F(1) of the Municipal Code of
the City of Ithaca is hereby amended to read as follows:
ACTIVATION STREET FACADE
A) Building{facade}length, primary street, max
1. Row house 100'
2. All other structures 45'
B) Length of blank wall, max 8'
DOORS AND ENTRIES
C) Functioning entry on the street-facing façade, min 1
For corner lots, one functioning entry is required on {a}the primary street-facing
façade
Section 6.
The MU-1 Activation Table shown in Chapter 325, Section 325-45.2G(1) of the Municipal Code
of the City of Ithaca is hereby amended to read as follows:
ACTIVATION STREET FACADE
D) Building{facade}length,primary street, max
3. Row house 150'
4. All other structures 75'
Section 7.
Severability. Severability is intended throughout and within the provisions of this local law. If
any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid
36
January 4, 2017
or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 8.
Effective date. This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Carried Unanimously(9-0)
10.2 Authorization for Exemption from Real Property Taxes and Provision for In-Lieu of
Payments,with Regard to the Ithaca Neighborhood Housing Services, Inc. ("INHS")Affordable
Housing Scattered Site Preservation Project—Resolution
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of
Ithaca and Tompkins County; and
WHEREAS, Pursuant to Section 577 of the New York State Private Housing Finance Law (PHFL),
the Council hereby exempts from real property taxes, for a period of thirty (30) years,the
following properties,to be owned by a housing development fund company formed under
Article XI of PHFL and sponsored by the Ithaca Neighborhood Housing Services, Inc. ("INHS")
and beneficially owned by a to-be-formed partnership affiliate of INHS formed for the purpose
of developing the Project (hereinafter the "Owner"), and to be used for the provision of
affordable rental housing to qualified persons or families of low income as a part of the
Scattered Site Rental Preservation Project (the "Project"); and
WHEREAS, the Project includes renovation of 98 residential units in 44 buildings as follows:
Address: Tax Parcel#:
105 Fourth Street 44.-6-15
107A Fourth Street 44.-6-16
107 Fourth Street 44.-6-16
108 N. Corn Street 72.-3-14
110 Esty Street 50.-1-21
112 Esty Street 50.-1-21
113 Fourth Street 44.-6-1
216 Cascadilla Street 45.-5-11
316-18 S. Corn Street 79.-5-15
356 Floral Ave. 97.-1-6.2
380-90 Floral Ave. 97.-1-7.2
402 Center Street 79.-6-10
402 W. Seneca Street 60.-6-12
417 Cascadilla Street 51.-3-2
418-20 Cascadilla Street 44.-6-14
602 W. Green Street 72.-4-12
Cascadilla Green I 25.-3-1.1
308 Adams Street
310 Adams Street
509 First Street
511 First Street
507 First Street
505 First Street
513 First Street
515 First Street
517 First Street
519 First Street
521 First Street
523 First Street
307 Franklin Street
309 Franklin Street
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January 4, 2017
Cascadilla Green II 25.-3-1.21
301 Franklin Street
522 Alice Miller Way
303 Franklin Street
305 Franklin Street
512 Alice Miller Way
514 Alice Miller Way
516 Alice Miller Way
504 Alice Miller Way
506 Alice Miller Way
508 Alice Miller Way
510 Alice Miller Way
518 Alice Miller Way
304 Adams Street
306 Adams Street
WHEREAS,the City of Ithaca has determined that the continued provision of affordable rental
housing to qualified persons or families of low income by INNS is beneficial to and in the long
term best interests of the public, and in connection with the City of Ithaca Common Council's
endorsement of the INHS Affordable Housing Scattered Site Preservation project at its regular
meeting held on the 2nd day of November, 2016; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca pursuant to §577 of the Private
Housing Finance Law of the State of New York hereby grants to the properties listed herein a
tax exemption from real property taxes levied by the City of Ithaca and other local taxing
authorities for a period of thirty (30) years, and Owner shall make annual in-lieu-of-tax
payments (hereinafter referred to as "PILOT")to the City of Ithaca equal to 12%of its annual
"net operating income", but in no event to be less than $58,837, plus additional negotiated
annual amounts after fifteen (15) years when Project payment obligations are projected to
decline. "Net operating income" shall equal gross rents received by the Owner less operating
costs, as determined by an annual audit, paid by the Owner for the duration of the exemption
period. The PILOT shall be shared by the City of Ithaca with Tompkins County and the Ithaca
City School District in the same ratio as total school, city and county taxes would have been
paid with respect to the Project without taking into account the exemption provided for herein;
and, be it further
RESOLVED,That the PILOT agreement shall include provisions requiring the construction
contract for the Project to include specific provisions that require (1) outreach to local
subcontractors in construction trades requesting bids,to the greatest extent feasible, and (2)
outreach to local vendors requesting quotes for construction materials to the greatest extent
feasible; and
RESOLVED,That the Mayor upon the advice of the City Attorney and the City Controller and on
behalf of the City of Ithaca is hereby authorized and requested to execute and deliver to any
pertinent party an agreement between the City of Ithaca and Owner, setting forth as necessary
the details of the PILOT, and to take any and all action necessary and/or required to effectuate
or verify such payments or tax exemption,the PILOT agreement shall contain such additional
terms and conditions as the Mayor deems to be appropriate; and, be it further
RESOLVED,That this resolution shall take effect immediately.
Alderperson McGonigal recused himself from the discussion and vote as he performs a
significant amount of work for INHS including some of the listed properties.
Alderperson Murtagh explained the request for the payment in lieu of taxes (PILOT) as outlined
in a memo included in the agenda.
38
January 4, 2017
Discussion followed on the floor regarding the ability to lower taxes without needing a PILOT,
and the impact of the loss of property tax revenue to the Ithaca City School District. Joe Bowes,
Director of Real Estate Development at INHS explained that properties acquired by a Housing
Development Fund Corporation that are proving affordable housing are eligible for tax
exemptions and PILOT agreements if approved by the municipality where the housing is
located. He further explained the different financing options for for-profit entities and not-for-
profit entities.
A vote on the Resolution resulted as follows:
Ayes (8) Brock, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Mohlenhoff
Nays (0)
Recusals (1) McGonigal
Carried (8-0-1)
NEW BUSINESS:
12.1 Mayor's Appointment of Acting Mayor and Alternate Acting Mayor—Oath of Office
Mayor Myrick appointed Alderperson Mohlenhoff as Acting Mayor and Alderperson Murtagh
as Alternate Acting Mayor for the year 2017 and administered the Oath of Office.
12.2 Appointment of Marriage Officers—Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED,That the following Alderpersons be designated as Marriage Officers for the year
2017:
Alderperson Brock Alderperson Mohlenhoff
Alderperson Murtagh Alderperson Nguyen
Alderperson Fleming Alderperson Gearhart
Alderperson Kerslick Alderperson Smith
Carried Unanimously(9-0)
MAYOR'S APPOINTMENTS:
14.1 Reappointments to Cable Access Oversight Committee—Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
RESOLVED, That Wayles Browne be reappointed to the Cable Access Oversight Committee with
a term to expire December 31, 2019; and be it further
RESOLVED, That Sue Perlgut be reappointed to the Cable Access Oversight Committee with a
term to expire December 31, 2019, and, be it further
Appointment to the Program Oversight Committee (POC)for the Community Housing
Development Fund- Resolution
By Alderperson Kerslick: Seconded by Alderperson Mohlenhoff
RESOLVED,That J.R. Clairborne's appointment be modified to become a full member to the
Program Oversight Committee for the Community Housing Development Fund; and, be it
further
RESOLVED, That Josephine Martell be appointed as an alternate member to the Program
Oversight Committee for the Community Housing Development Fund.
Carried Unanimously(9-0)
REPORTS OF COMMON COUNCIL LIAISONS:
Board of Public Works
Alderperson Fleming reported that the Memorandum of Understanding with Cornell University
regarding the repair of Forest Home Drive has been signed.
Tompkins County Council of Governments
Alderperson Fleming reported that TCCOG discussed the work of the Energy Task Force, and
also held a conversation regarding the inconsistent level of services throughout Tompkins
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January 4, 2017
County. She noted that there may be a lot of opportunities in the near future to discuss more
shared services and/or consolidated services throughout the county.
Ithaca Landmarks Preservation Commission
Alderperson Murtagh reported that the Old library project has been delayed and is projected to
come back to the Commission in February.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that the Article 78 lawsuit filed against the Planning Board for
their decision regarding 201 College Avenue had originally been dismissed without prejudice
placing a temporary hold on the matter. He noted that the lawsuit did proceed forward and
was recently dismissed with prejudice meaning that no further action can be taken.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the December 7, 2016 Common Council Meeting Minutes
Approval of the minutes of the December 7, 2016 Common Council Meeting was deferred to
the February, 2017 meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 8:45 p.m.
Julie Conley Holcomb, CMC Svante L. Myrik
City Clerk Mayor
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