HomeMy WebLinkAbout01-03-18 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, January 3,
2018, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
4.1 Presentation of Quarterly Employee Recognition Award
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
Superintendent of Public Works Office:
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 2018
Events – Resolution
City Administration Committee:
8.2 Public Information and Technology - Amendment to Personnel Roster -
Resolution
8.3 Approval of Issuance of Permit Pursuant to Chapter 346 of the City of Ithaca
Municipal Code entitled “Vehicles and Traffic”, Section 346-31 entitled “Buses”
Authorizing OurBus Inc. to Operate a Charter Bus within the City of Ithaca -
Resolution
8.4 Finance/Controller- Designation of Official Newspaper- Resolution
8.5 Finance/Controller – Collateral to Secure Deposits - Resolution
8.6 Finance/Controller- Public Employee's Blanket Bond - Resolution
8.7 Finance/Controller- Designation of Common Council Meetings - Resolution
8.8 Finance/Controller- Designation of Official Depositories - Resolution
8.9 Common Council - Approval of 2018 Travel Policy - Resolution
` Common Council Meeting Agenda
January 3, 2018
Page 2
9. CITY ADMINISTRATION COMMITTEE:
9.1 Community Housing Development Fund, Rounds #11 and #15 — Authorization
for Disbursement of Funds Pursuant to an Executed Memorandum of
Understanding (MOU) - Resolution
9.2 Authorization for the City Attorney to Retain Counsel and Commence Litigation
against Opioid Manufacturers and Distributors - Resolution
Bond Resolutions:
9.3 A Bond Resolution Dated January 3, 2018, Authorizing the Issuance of an
Additional $2,788,000 Bonds of the City of Ithaca, Tompkins County, New York,
to Pay Part of the Cost of Brindley Street Bridge Replacement, in and for Said
City
9.4 A Resolution Dated January 3, 2018, Authorizing the Issuance of an Additional
$275,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part
of the Cost of Transportation Enhancements on West State/Martin Luther King,
Jr. Street, in and for Said City
9.5 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of an
Additional $25,500 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay Part of the Cost of the Replacement of the North Aurora Street Bridge Over
Cascadilla Creek Project, in and for Said City
9.6 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of an
Additional $968,500 Bonds of the City of Ithaca, Tompkins County New York, to
Pay Part of the Cost of Improvements to Elmira Road, in and for Said City
9.7 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of an
Additional $50,000 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay Part of the Cost of Hangar Theatre Building Site Improvements, in and for
Said City
9.8 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of
$5,225,575 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the
Cost of Certain Capital Improvements in and for Said City
9.9 City Controller’s Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Approval of the Downtown Design Guidelines:
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Approval of Resolution
10.2 Approval of the Collegetown Design Guidelines:
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Approval of Resolution
` Common Council Meeting Agenda
January 3, 2018
Page 3
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the November 1, 2017 Common Council Meeting Minutes –
Resolution
18.2 Approval of the December 6, 2017 Common Council Meeting Minutes –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: December 28, 2017
8. CONSENT AGENDA ITEMS:
Superintendent of Public Works Office:
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 2018
Events – Resolution
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer,
and hard cider tasting and sales as part of their sponsored events for 2018, 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, 2018; 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.
City Administration Committee Items:
8.2 Public Information and Technology Department - Amendment to Personnel
Roster - Resolution
WHEREAS, the Information Technology (IT) positions in the Department of Public
Information and Technology were created in 2001 when the IT Department was initially
created; and
WHEREAS, positions have been modified over the years as technology and the City’s
needs have changed; and
WHEREAS, the City Clerk is looking to increase the level of flexibility and adaptability in
departmental job descriptions in order to respond to new trends in technology and to
create a level of depth and redundancy in staff skill levels and responsibilities; and
WHEREAS, the Information Systems Manager title eliminates narrow, specialized job
titles and creates a broader job classification that encompasses a variety of advanced
technical duties and responsibilities and allows for flexibility as needed in the future; and
WHEREAS, the opportunity to move into the Information Systems Manager title was
offered to both senior technical staff members of the Public Information and Technology
Department, and one employee has elected to do so; now, therefore, be it
RESOLVED, That the Personnel Roster of the Department of Public Information and
Technology be amended as follows:
Add: One (1) Information Systems Manager
Delete: One (1) Manager of Electronic Communications
; and, be it further
RESOLVED, That the position of Information Systems Manager shall be assigned to the
Management Compensation Plan at salary grade 7; and, be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees’ Retirement System, the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week);
and, be it further
RESOLVED, That the funding for this roster change shall be obtained from within the
allocated departmental budget.
8.3 Approval of Issuance of Permit Pursuant to Chapter 346 of the City of
Ithaca Municipal Code entitled “Vehicles and Traffic”, Section 346-31 entitled
“Buses” Authorizing OurBus Inc. to Operate a Charter Bus within the City of
Ithaca - Resolution
WHEREAS, Section 346-31 of the City Code provides that “Unless otherwise provided
to the contrary, no bus or common carrier, whether for hire or not, shall be operated
upon, stop on or stand on any City street in the corporate limits of the City of Ithaca, nor
shall such bus or common carrier pick up or discharge passengers on any such City
street or curb, or any other public property, or at or within 200 feet of any City bus stop
in said corporate limits of the City of Ithaca, unless a permit is obtained therefor from the
Common Council of the City of Ithaca, or its designee, the issuance of which permit
shall be at the sole discretion of the Common Council of the City of Ithaca,”; and
WHEREAS, Axel Hellman, on behalf of OurBus Inc. submitted an application seeking a
permit to operate a daily charter bus providing transportation between Ithaca and New
York Port Authority; and
WHEREAS, City staff have reviewed the application and support granting the permit;
now, therefore, be it
RESOLVED, That the Common Council hereby authorizes issuance of a permit to
OurBus Inc. with the following conditions:
1. The exact route, locations where passengers may be dropped off and picked up,
and times of operation shall be subject to approval by the Superintendent of
Public Works or his designee;
2. Said charter bus shall be operated on a pre-arranged basis only, with tickets
having been purchased in advance by passengers;
3. The operator(s) of the bus shall at all times ensure that the bus is not parked in a
manner that interferes with the ability of emergency vehicles to move or pass or
that obstructs the sight distance for pedestrians or motorists;
4. Permittee shall at all times maintain valid liability insurance coverage, as well as
present the City Attorney’s Office with proof of compliance with the New York
Workers’ Compensation Law;
; and, be it further
RESOLVED, That the Superintendent of Public Works shall have the right to modify the
conditions above upon reasonable notice to the Permittee, and to suspend or revoke
this permit due to violation of the terms thereof, or due to any other action or failure to
act, on the part of the permittee or his agents, which poses a danger to the health or
safety of any members of the public, provided, however, that such suspension or
revocation shall be subject to review by Common Council upon written appeal of the
permittee, to the Mayor (which appeal, while pending, shall not stay said suspension or
revocation).
CITY OF ITHACA
APPLICATTON FOR PERMTT PURSUANT TO SECTTON 346-31(BUSES)
OF THE CITY OF ITHACA MUNICIPAL CODE
l. Applicant's Name: OurBus lnc.
2. Address:79 Madison Aven New NY 10016
3. phone and Email: (844) 800-6828, axel.hellman@ourbus.com
4. Will the bus service be for public use or private use?Public use
5. Type, Length and Width of Vehicle
MCI 2016, J-4500, 102"wide, 45' lonq, 11'9"hiqh
6
7
Seating Capacity:56
Proposed Dates/Times of operation:Daily departures, please see attachment
8. Bus shall be operated by:
MC # 194130
Operated by First Class Coach Company, DOT#278100
9. Will the bus service be operated upon, stopon or stand on any City street in the
corporate limits of the city of Ithaca? Yes V No
If yes, please attach a detailed description of the proposed operation, including proposed
routes, days and times of operation, and arrival and departures times from each of the
proposed stops. Please see attached.
10. Shall the proposed bus service pick up discharge passengers on any City street
Noor curb, or any other public property? Yes
If yes, please specify where:
131 East Green Street for all proposed times (see attached) exceot Friday at 5:00pm, which
occurs at 201 E. Green Street.
IJ:\TRAFFIC\Transit\Bus Permit Application.doc
11. Shall the proposed bus service pick
of any City bus siop? Yes X
up or drop off passengers at or within 200 feet
No
If yes, please specify where and what rates shall be charged:
The proposed location is within 200 feet of a City bus stop. The prooosed rate of fare is
between $25 and $40 for a one-wav ticket to or from New York Citv
12. Do you have all required licenses and/or permits required from other
governmental agencies required to operate said buses (e.g from Department of Motor
vehicles; New York State Department of Transportation, etc).
Yes X No-
Specify which ones:
First Class Coach Company is authorized by USDOTfoT interstate passenger transportation and
approved by the Federal Motor Carrier Safety Administration. No New York State Department
of Transnortation authorization is reout red as this is an interstate route.
13. Specify what insurance coverage you have to cover the proposed operation
described herein. Please note that one of the conditions of approval will be to name the
City of Ithaca as a co-insured and to provide proof of compliance with NYS Workers'
Compensation Law:
Please see attached
For Office Use Only
Date received I
Engineering Office review completed
Attorney's Office review completed
Common Council approval
2J:\TRAFFIC\Transit\Bus Permit Application.doc
Proposed Routes
All lthaca pick ups and drop offs occur at 131 E. Green St., except Friday 5:00pm which
occurs at 201 E. Green Street.
All NewYork pick ups and drop offs occur at the NewYork Port Authority
Monday:
Ithaca 'l2pm - NY4:30pm
NY 10:15am - lthaca 2:45pm
Tuesday:
Ithaca 12pm - NY 4:30pm
NY 10:15am - lthaca 2:45pm
Wednesday:
Ithaca 12pm - NY4:30pm
NY 10:15am - lthaca 2:45pm
Thursday:
Ithaca 12pm - NY 4:30pm
NY 10:15am - lthaca 2:45pm
Friday:
Ithaca 7:30am - NY 12:00pm
NY 9:30am - lthaca 2:05pm
Ithaca 5:00pm - NY 9:30pm
NY 2:30pm - lthaca 7:00pm
Saturday:
Ithaca 6:30am - NY 10:55am
NY 7:00am - lthaca 1 1:30am
NY 1:30pm - lthaca 6:00pm
lthaca 2:00pm - NY 6:30pm
Sunday:
NY 9:30am - lthaca 2:00pm
Ithaca 10:00am - NY 2:30pm
NY 12:30pm - lthaca 5:00pm
Ithaca 3:30pm - NY 8:00pm
NY 5:00pm - lthaca 9:30pm
Ithaca 7:30pm - NY 1 1:55pm
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8.4 Finance/Controller- Designation of Official Newspaper- Resolution
RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be
and is hereby designated as the official newspaper of the City of Ithaca for the year
2018.
8.5 Finance/Controller – Collateral to Secure Deposits - Resolution
RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan
Chase and M&T Bank as reported be approved as to form and sufficiency.
8.6 Finance/Controller- Public Employee's Blanket Bond - Resolution
RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond,
which is on file in the Office of the City Clerk, be, and is hereby approved in all respects
for the year 2018.
Faithful Performance Blanket Bond Coverage by
Travelers Insurance Company $1,000,000
8.7 Finance/Controller- Designation of Common Council Meetings - Resolution
RESOLVED, That the regular meetings of the Common Council, for the year 2018, be
held at 6:00 P.M., on the first Wednesday of each month, in the Common Council
Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise
determined by Common Council.
8.8 Finance/Controller- Designation of Official Depositories - Resolution
RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust
Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby
designated as the official depositories of all City Funds for the year 2018.
8.9 Common Council - Approval of 2018 Travel Policy - Resolution
WHEREAS, there is to be held during the coming official year a) the New York State
Conference of Mayors Annual Meeting and Training School; b) the New York State
Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and
other national and regional conferences as applicable; and
WHEREAS, it is determined by the Mayor and Common Council that attendance by
certain municipal officials and City employees at one or more of these meetings,
conferences or schools benefits the municipality; now, therefore be it
RESOLVED, That Common Council, the Mayor and City employees are hereby
authorized to attend said conferences or other applicable training events during 2018;
and, be it further
RESOLVED, That the cost for all events must be derived from existing 2018 Departmental
Budgets with appropriate approvals obtained as applicable; and, be it further
RESOLVED, That this resolution shall take effect immediately.
CITY ADMINISTRATION COMMITTEE:
9.1 Community Housing Development Fund, Rounds #11 and #15 —
Authorization for Disbursement of Funds Pursuant to an Executed Memorandum of
Understanding (MOU) - Resolution
WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009,
and renewed in 2015, by Memorandum of Understanding (MOU) among and between the
City of Ithaca, Tompkins County and Cornell University to raise and award funds to
increase the supply of permanently affordable housing in the County; and
WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and
the City of Ithaca and Tompkins County each contribute $100,000; and
WHEREAS, the Common Council determined that City contributions to the CHDF should
be used solely to assist those projects located within the City of Ithaca; and
WHEREAS, the Program Oversight Committee, which includes three City appointees,
reviews and recommends projects for awards, including the amount and funding source;
and
WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or
reject the POC’s recommendation for use of City funds; and
WHEREAS, action to authorize disbursement of City funds requires prior completion of
environmental review for housing projects; and
WHEREAS, recommended projects from Rounds #11 and #15 have completed
environmental review by the City Planning and Development Board and are ready for City
action; and
WHEREAS, the POC recommends the following affordable housing projects for City
funding:
Community Housing Development Fund
Round #11 Recommended Funding Awards
Applicant Project # Units Location
Funding ($1,000s)
Cornel
l
Count
y
City Total
Tompkins
Community
Action
Amici
House
23
rental
(C) Ithaca
661-701
Spencer
Rd.
0125 100 225
Round #15 Recommended Funding Awards
Lakeview
Health
Services
West End
Heights
60
rental (C) Ithaca 0 100 150 250
; and
WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including
collection of contributions to the CHDF and distribution of funds to project sponsors; and
WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency;
now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an
expenditure of up to $250,000 to Tompkins County for the following affordable housing
projects to implement recommended funding awards for rounds #11 and #15 of the
Community Housing Development Fund:
Project Name #1: Amici House
Amount: $100,000
Applicant: Tompkins Community Action
Project Summary: Construct a 23-unit affordable rental housing
Project at 661-701 Spencer Road, Ithaca, NY
Project Name #2: West End Heights
Amount: $150,000
Applicant: Lakeview Health Services
Project Summary: Construct a 60-unit affordable rental housing
Project at the corner of W. Court Street and N.
Meadow Street, Ithaca, NY
; and, be it further
RESOLVED, That Common Council hereby transfers an amount not to
exceed $100,000 from the 2017 contingency account A1990 and $100,000 from the
2018 contingency account A1990 to the following accounts:
A8020-5700 Planning Encumbrances $100,000
A8020-5435 Planning Contracts $100,000
; and ,be it further
RESOLVED, That the $200,000 transferred, along with the current encumbrance of
$50,000 in A8020-5700, will fund the $250,000 City portion of the City/County/Cornell
Housing Trust for the above listed projects; and, be it further
W. Court
St. @ N.
Meadow St.
Totals 0 225 250 475
RESOLVED, that the Mayor, subject to advice of the City Attorney, is hereby authorized to
execute a fiscal agency agreement with Tompkins County to implement this resolution.
COMMUNITY HOUSING DEVELOPMENT FUND– Approved Project Funding for all Rounds
PROJECT-APPLICANT LOCATION
TOMPKINS
COUNTY
CITY OF
ITHACA
CORNELL
UNIVERSITY
AWARD
TOTAL Total # Units PROJECT STATUS (as of 9/12/16)
$100,000 $100,000 $200,000 400,000 annually
Funding Round 1 (2009) - 6 applications received
Holly Creek Townhomes - INHS Town of Ithaca $100,000 $100,000 $200,000 11 Grant Funds Disbursed in 2011 - Construction completed.
Women's Community Building
(Breckenridge) - INHS City of Ithaca $30,000 $45,000 $75,000 50 Grant Funds Disbursed in 2012- Grant award disbursed.
Construction completed.
Magnolia House - TCA
(Affordability Fund)City of Ithaca $0 NA $70K City Award Presented but Declined in 2011 - Final
financing came through before award disbursement
ROUND 1 TOTAL $100,000 $30,000 $145,000 $275,000 61
Funding Round 2 (2010) - 2 applications received
Seven Scattered Sites - INHS City of Ithaca $70,000 $70,000 $140,000 7 Grant Funds Disbursed in 2011 - Construction completed.
Lansing Reserves - BHTC
(Affordability Fund)Village of Lansing $75,000 $75,000 NA Loan Funds Disbursed in 2011-Loan forgiven in May 2015
since 80 unit project ran into access issues.
ROUND 2 TOTAL $70,000 $70,000 $75,000 $215,000 7
Funding Round 3 (2011) - 1 application received
Holly Creek Townhomes, Phase
II - INHS Town of Ithaca $100,000 $100,000 $200,000 11 Grant Funds Disbursed in 2013 - Construction completed.
ROUND 3 TOTAL $100,000 $0 $100,000 $200,000 11
Funding Round 4 (2011) - 2 applications received
314 South Plain Street - INHS City of Ithaca $30,000 $30,000 1 Grant Funds Disbursed in December 2013 - Construction
completed.
ROUND 4 TOTAL $0 $30,000 $0 $30,000 1
Funding Round 5 (2012) - 1 application received
NO PROJECTS AWARDED
ROUND 5 TOTAL $0 $0 $0 $0 0
Funding Round 6 (2012) - 6 applications received
Stone Quarry Apartments -
PathStone Development Corp.City of Ithaca $100,000 $100,000 $200,000 35 Grant Funds Disbursed in 2014 - construction completed.
10 Hawthorne Circle - INHS City of Ithaca $30,000 $30,000 1 Grant Funds Disbursed in 2013 - construction completed.
Lansing Senior Cottages -
BHTC Town of Lansing $0 NA
Award expired - BHTC contacted in January 2015 to notify of
expiration of award which included $130K from the County and
$70K from Cornell.
Lakeview Ithaca - Lakeview
Mental Health Services City of Ithaca $0 NA
10/3/13 - formally declined award ($100k from City and
$100k from Cornell); did not receive NYS funding and lost
control of original site (56 units).
Habitat's Village Builds -
Habitat for Humanity
Village of Groton, Village of
Trumansburg $120,000 $120,000 4 Grant Funds Disbursed in 2013 - Construction completed.
Aurora Pocket Neighborhood -
Aurora Pocket Neighborhood,
Inc.
City of Ithaca $30,000 $30,000 1 Grant Funds Disbursed in 2013 - Construction completed.
ROUND 6 TOTAL $0 $130,000 $250,000 $380,000 41
COMMUNITY HOUSING DEVELOPMENT FUND– Approved Project Funding for all Rounds
PROJECT-APPLICANT LOCATION
TOMPKINS
COUNTY
CITY OF
ITHACA
CORNELL
UNIVERSITY
AWARD
TOTAL Total # Units PROJECT STATUS (as of 9/12/16)
Funding Round 7 (2013) - 3 applications received
Amici House - TCA
(Affordability Fund)City of Ithaca $75,000 $75,000 NA
Loan Funds Disbursed in December 2013. Loan forgiven in
June 2016 as part of construction award, pending receipt of
documentation.
Scattered Site 2013 (402 S.
Cayuga St., 214 Second St.,
203 Third St.) - INHS
City of Ithaca $90,000 $90,000 3
Funds disbursed for 2 units in 2014 and 1 more unit in early
2015. INHS declined the remaining $120,000 of the original
award (CU funds) since they are not going forward with the 4
units at 402 S. Cayuga St.
White Hawk Ecovillage - Seven
Circles LLC Town of Danby $30,000 $30,000 1
Grant funds disbursed 10/14/15 - applicant only able to
proceed with 1 house, so only drew $30K of the $90K prior to
award expiration.
ROUND 7 TOTAL $30,000 $75,000 $90,000 $195,000 4
Funding Round 8 (2013) - 3 applications received
Greenways - INHS Town of Ithaca NA
11/10/15 - formal decline expected of $300k award prior to
POC meeting. Site issues resulted in particularly high
infrastructure costs.
Cayuga Trails - BHTC/NRP Town of Ithaca NA
(see Round 11)
3/17/15 - formally declined award ($160,000 award for 46
units).
ROUND 8 TOTAL $0 $0 $0 $0 0
Funding Round 9 (2015) - 1 application received
210 Hancock Redevelopment -
INHS City of Ithaca $200,000 $100,000 $300,000 47 Grant funds disbursed 4/12/16. Project now has 59 total
units, but some are over 80% AMI.
ROUND 9 TOTAL $200,000 $100,000 $0 $300,000 47
Funding Round 10 (2015) - 2 applications received
Breaking Ground (101-105, 107
Morris Ave.) - Habitat City of Ithaca $80,000 $80,000 2 Disbursed in July 2017 and under construction.
Scattered Site New
Construction 2015- INHS City of Ithaca $85,000 $235,000 $320,000 8 Final disbursement May 2017 for 304 Hector St., 210
Hancock townhomes drew earlier.
ROUND 10 TOTAL $0 $165,000 $235,000 $400,000 10
Funding Round 11 (2016) - 1 application received
Amici House - TCA
(Affordability Fund)City of Ithaca $125,000 $100,000 $225,000 23 Disbursement November 2017 for County funds, January 2018
for City funds.
ROUND 11 TOTAL $125,000 $100,000 $0 $225,000 23
Funding Round 12 (2016) - 1 application received
Ithaca Townhomes (Arbor and
NRP)Town of Ithaca $300,000 award for 89 units declined as condition of new
August 2017 (Round 15) award.
ROUND 12 TOTAL $0 $0 $0 $0 0
Funding Round 13 (2016) - 2 applications received
Second Wind Cottages
Expansion (Second Wind
Cottages, Inc.)
Town of Newfield $18,750 $37,500 $56,250 4 1 unit's permit received and $14,062.50 disbursed. Remaining 3
permits expected in November 2017.
INHS Scattered Site
Preservation (INHS)City of Ithaca $50,000 $50,000 $200,000 $300,000 98 Permits received. Disbursed early August 2017.
ROUND 13 TOTAL $68,750 $50,000 $237,500 $356,250 102
COMMUNITY HOUSING DEVELOPMENT FUND– Approved Project Funding for all Rounds
PROJECT-APPLICANT LOCATION
TOMPKINS
COUNTY
CITY OF
ITHACA
CORNELL
UNIVERSITY
AWARD
TOTAL Total # Units PROJECT STATUS (as of 9/12/16)
Funding Round 14 (2017) - 1 application received
Endeavor House (OAR)City of Ithaca $60,000 $60,000 2 4 SRO beds=2 units, rehab, funds disbursed July 2017
ROUND 14 TOTAL $60,000 $0 $0 $60,000 2
Funding Round 15 (2017) - 2 applications received
Ithaca Townhomes (NRP)Town of Ithaca $23,125 $233,750 $256,875 51 Plus 18 units for those earning 90-130% AMI. Formally
declined Round 12 award in early September 2017.
Lansing Commons Apartments
(Cornerstone)Town of Lansing $23,125 $233,750 $256,875 64 Plus 8 market-rate units. Note that of the 64 units, 8 are for 81-
100% AMI and 56 are for up to 80% AMI
ROUND 15 TOTAL $46,250 $0 $467,500 $513,750 115
TOTAL AWARDED FUNDS $800,000 $750,000 $1,600,000 $3,150,000 424
Remaining Uncommitted
Funds $100,000 $150,000 $200,000 $450,000 As of 11/10/17, includes 9 years of funding by the partners
Funds Committed but Not
Disbursed $175,938 $100,000 $505,000 $780,938
NOTE: Per POC guidance, current MOU funding years start on November 10 of each year from 2015 to 2020 since the MOU was executed on November 10, 2015.
9.2 Authorization for the City Attorney to Retain Counsel and Commence
Litigation against Opioid Manufacturers and Distributors - Resolution
WHEREAS, opioid manufacturers had prior knowledge of the risks of opioids abuse,
have misled doctors and patients about the addictive nature of opioids, have
misrepresented the dangers of opioids, and have marketed opioids in a manner that
promoted addiction; and
WHEREAS, opioid manufacturers, distributors, and promoters have been responsible
for an opioid epidemic that has harmed the citizens of the City of Ithaca and financially
damaged the City and its taxpayers; and
WHEREAS, Tompkins County, with numerous other counties and municipalities, is
pursuing legal action against opioid manufacturers and others that have promoted the
abuse of opioids; and
WHEREAS, it is appropriate that the City should join efforts to recover damages from
those parties that have contributed and continue to contribute to City costs in the form of
increased demands on the City’s Police and Fire Departments and other expenditures
specific to responding to the unique impacts of the opioid epidemic; now, therefore, be it
RESOLVED, That the City Attorney is hereby authorized to commence civil litigation
against opioid manufacturers and others who have harmed the City by promoting the
abuse of opioids and to retain counsel—at no out-of-pocket cost to the City—to
represent the City in such litigation.
Bond Resolutions:
9.3 A Bond Resolution Dated January 3, 2018, Authorizing the Issuance of an
Additional $2,788,000 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay Part of the Cost of Brindley Street Bridge Replacement, in and for Said City
WHEREAS, by bond resolutions heretofore adopted, including a bond resolution dated
January 4, 2017, the Common Council of the City of Ithaca, Tompkins County, New
York, authorized the issuance of an aggregate $642,000 bonds of said City to pay
design and scoping costs for the replacement of the Brindley Street Bridge, in and for
said City, and determined that the period of probable usefulness thereof was five years,
as a financing for the planning for the capital project of such remediation; and
WHEREAS, it has now been determined that such authorization shall include the costs
of the capital project itself and that it is in the financial interest of said City to amortize
the serial bonds for a period in excess of five years, the period of probable usefulness of
said specific object or purpose being 20 years in accordance with the applicable
provision of the Local Finance Law; and
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be an Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which it has been determined will not have a
significant adverse effect on the environment; and
WHEREAS, it is now desired to amend such bond resolution accordingly and authorize
the additional bonds for the financing thereof; now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the
replacement of the Brindley Street Bridge, including incidental improvements and
expenses, in and for the City of Ithaca, Tompkins County, New York, there are hereby
authorized to be issued an additional $2,788,000 bonds pursuant to the provisions of
the Local Finance Law. Said specific object or purpose is hereby authorized at the new
maximum estimated cost of $3,430,000.
Section 2. The plan for the financing of such $3,430,000 maximum estimated cost is
as follows:
a) By the issuance of the $205,000 bonds of said City heretofore authorized
to be issued therefor (as to Phase I) pursuant to a bond resolution dated
December 1, 2011;
b) By the issuance of the $303,000 bonds of said City heretofore authorized
to be issued therefor (as to Phase II) pursuant to a bond resolution dated
January 7, 2015;
c) By the issuance of the $134,000 bonds of said City heretofore authorized
to be issued therefor (as to Phase II) pursuant to a bond resolution dated
January 4, 2017;
d) By the issuance of the additional $2,788,000 bonds of said City herein
authorized for said specific object or purpose; and
e) Provided, however, that the amount of obligations ultimately to be issued
for said specific object or purpose will be reduced by any State and/or
Federal grants-in-aid to be received by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph
a of Section 11.00 of the Local Finance Law, computed from February 19, 2015, and
the period of probable usefulness of the bonds heretofore authorized for the design and
scoping costs (Phases I and II) thereof is hereby increased to 20 years, pursuant to said
subdivision 10.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
9.4 A Resolution Dated January 3, 2018, Authorizing the Issuance of an
Additional $275,000 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay Part of the Cost of Transportation Enhancements on West State/Martin
Luther King, Jr. Street, in and for Said City
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of
transportation enhancements on West Martin Luther King Jr. Street, in and for the City
of Ithaca, Tompkins County, New York, including incidental improvements and
expenses in connection therewith, there are hereby authorized to be issued a additional
$275,000 bonds pursuant to the provisions of the Local Finance Law, which specific
object or purpose is hereby authorized at the new maximum estimated cost of
$1,025,000.
Section 2. The plan for the financing of such $1,025,000 maximum estimated cost is
as follows:
a) By the issuance of the $750,000 bonds of said City heretofore authorized
to be issued therefor pursuant to a bond resolution dated January 17,
2015;
b) By the issuance of the additional $275,000 bonds of said City herein
authorized; and
c) 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 15 years, pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law, computed from February 19,
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. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced
within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
9.5 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of an
Additional $25,500 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay Part of the Cost of the Replacement of the North Aurora Street Bridge Over
Cascadilla Creek Project, in and for Said City
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof ;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of the North
Aurora Street Over Cascadilla Creek Bridge replacement, in and for the City of Ithaca,
Tompkins County, New York, including incidental improvements and expenses in
connection therewith, there are hereby authorized to be issued an additional $25,500
bonds pursuant to the provisions of the Local Finance Law, which specific object or
purpose is hereby authorized at the new maximum estimated cost of $1,417,500.
Section 2. The plan for the financing of such $1,417,500 maximum estimated cost is
as follows:
a) By the issuance of the $214,000 bonds of said City heretofore authorized
to be issued therefor pursuant to a bond resolution dated January 6, 2016;
b) By the issuance of the additional $1,178,000 bonds of said City heretofore
authorized to be issued pursuant to a bond resolution dated June 7, 2017;
c) By the issuance of the additional $25,500 bonds of said City herein
authorized; and
d) Provided, however, that the amount of obligations ultimately to be issued
will be reduced by any State and/or Federal grants-in-aid to be received
by said City for said purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is twenty years, pursuant to subdivision 10 of
paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the
first bond anticipation note issued therefor pursuant to the aforesaid bond resolution
dated January 6, 2016.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with,
and an action, suit or proceeding contesting such validity is commenced
within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of the
City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
9.6 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of an
Additional $968,500 Bonds of the City of Ithaca, Tompkins County New York, to
Pay Part of the Cost of Improvements to Elmira Road, in and for Said City
WHEREAS, by a bond resolution heretofore adopted, being a bond resolution dated
January 4, 2017, the Common Council of the City of Ithaca, Tompkins County, New
York, authorized the issuance of $210,600 bonds of said City to pay design and scoping
costs for the replacement of the Brindley Street Bridge, in and for said City, and
determined that the period of probable usefulness thereof was five years, as a financing
for the planning for the capital project of such remediation; and
WHEREAS, it has now been determined that such authorization shall include the costs
of the capital project itself and that it is in the financial interest of said City to amortize
the serial bonds for a period in excess of five years, the period of probable usefulness of
said specific object or purpose being 20 years in accordance with the applicable
provision of the Local Finance Law; and
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of
improvements to Elmira Road, in and for the City of Ithaca, Tompkins County,
New York, including related traffic signal replacement and incidental improvements and
expenses in connection therewith, there are hereby authorized to be issued an
additional $968,500 bonds pursuant to the provisions of the Local Finance Law, which
specific object or purpose is hereby authorized at the new maximum estimated cost of
$1,179,100.
Section 2. The plan for the financing of such $1,179,100 maximum estimated cost is
as follows:
a) By the issuance of the $210,600 bonds of said City heretofore authorized
to be issued therefor pursuant to a bond resolution dated January 4, 2017;
b) By the issuance of the additional $968,500 bonds of said City herein
authorized; and
c) 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 15 years, pursuant to subdivision 20(c) of
paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the
first bond anticipation note issued therefor pursuant to the aforesaid bond resolution
dated January 4, 2017. It is hereby further determined that the period of probable
usefulness of the design costs authorized by the bond resolution dated January 4, 2017
is hereby amended to 15 years as provided herein.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
9.7 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of an
Additional $50,000 Bonds of the City of Ithaca, Tompkins County, New York, to
Pay Part of the Cost of Hangar Theatre Building Site Improvements, in and for
Said City
WHEREAS, the capital project hereinafter described, as proposed, has been
determined to be a Type II Action pursuant to the regulations of the New York State
Department of Environmental Conservation promulgated pursuant to the State
Environmental Quality Review Act, which regulations state that Type II Actions will not
have a significant adverse effect on the environment; and
WHEREAS, it is now desired to authorize additional bonds for the financing thereof;
now, therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the specific object or purpose of paying part of the cost of Hangar
Theatre Building site improvements at the former Ithaca Airport, in and for the City of
Ithaca, Tompkins County, New York, including incidental improvements and expenses
in connection therewith, there are hereby authorized to be issued an additional $50,000
bonds pursuant to the provisions of the Local Finance Law, which specific object or
purpose is hereby authorized at the new maximum estimated cost of $101,000.
Section 2. The plan for the financing of such $101,000 maximum estimated cost is as
follows:
a) By the issuance of the $51,000 bonds of said City heretofore authorized to
be issued therefor pursuant to a bond resolution dated January 4, 2017;
and
b) By the issuance of the additional $50,000 bonds of said City herein
authorized for said specific object or purpose.
Section 3. It is hereby determined that the period of probable usefulness of the
aforesaid specific object or purpose is 10 years, pursuant to subdivision 20(f) of
paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the
first bond anticipation note issued therefor, such site improvements constituting
additional costs of capital improvements authorized by a bond resolution dated January
4, 2017, and constituting separate capital improvements from those authorized for
improvements to the Hangar Theatre by a bond resolution dated December 2, 2009.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 5. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 6. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 7. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such serial
bonds any charges for mailing, shipping and insuring bonds transferred or exchanged
by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the
Local Finance Law, no such charges shall be so collected by the fiscal agent. Such
bonds shall contain substantially the recital of validity clause provided for in section
52.00 of the Local Finance Law and shall otherwise be in such form and contain such
recitals in addition to those required by section 52.00 of the Local Finance Law, as the
City Controller shall determine.
Section 8. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 9. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 10. This resolution, which takes effect immediately, shall be published in full or
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
9.8 A Bond Resolution Dated January 3, 2018 Authorizing the Issuance of
$5,225,575 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the
Cost of Certain Capital Improvements in and for Said City
WHEREAS, all conditions precedent to the financing of the capital projects hereinafter
described, including compliance with the provisions of the State Environmental Quality
Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects; now,
therefore be it
RESOLVED, by the affirmative vote of not less than two-thirds of the total voting
strength of the Common Council of the City of Ithaca, Tompkins County, New York, as
follows:
Section 1. For the object or purpose of paying the cost of certain capital
improvements in and for the City of Ithaca, Tompkins County, New York, there are
hereby authorized to be issued $5,225,575 bonds of said City pursuant to the provisions
of the Local Finance Law, apportioned among such capital improvements in accordance
with the maximum estimated cost of each. The capital improvements to be financed
pursuant to this bond resolution, the maximum estimated cost of each, the amount of
bonds to be authorized therefor, the period of probable usefulness of each, and whether
said capital improvements are each a specific object or purpose or a class of objects or
purposes, including in each case incidental improvements, equipment, machinery,
apparatus, appurtenances, furnishings and expenses in connection therewith, are as
follows:
a) Construction and reconstruction of various streets throughout and in and
for said City, at a maximum estimated cost of $600,000. It is hereby
determined that the plan for the financing of such class of objects or
purposes shall consist of the issuance of $600,000 of the $5,225,575
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) Planning and design costs for the South Cayuga Street Bridge Deck
Replacement over Six Mile Creek, in and for said City, at a maximum
estimated cost of $180,000. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the issuance of
$180,000 bonds of the $5,225,575 bonds of said City authorized to be
issued pursuant to this bond resolution; provided, however, that to the
extent that any Federal or State grants-in-aid are received for such
specific object or purpose, the amount of bonds to be issued pursuant to
this resolution shall be reduced dollar for dollar. It is hereby determined
that the period of probable usefulness of the aforesaid specific object or
purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of
Section 11.00 of the Local Finance Law;
c) New improvements to Cass Park Ice Rink, in and for said City, at a
maximum estimated cost of $102,000. It is hereby determined that the
plan for the financing of such specific object or purpose shall consist of the
issuance of $102,000 bonds of the $5,225,575 bonds of said City
authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific
object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph
a of Section 11.00 of the Local Finance Law, being additional capital
improvements beyond the scope of previous authorizing bond resolutions;
d) Stewart Park Pavilion roof replacement, 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 $5,225,575 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, being for additional work beyond the scope of the
authorizing bond resolution dated and duly adopted on January 4, 2017
for $181,000;
e) Purchase of buses and improvements to passenger facilities and related
transit hardware and software, in and for said City, at a maximum
estimated cost of $155,000. It is hereby determined that the plan for the
financing of such class of objects or purposes shall consist of the issuance
of $155,000 bonds of the $5,225,575 bonds of said City authorized to be
issued pursuant to this bond resolution. It is hereby determined that the
period of probable usefulness of the aforesaid class of objects or purposes
is 5 years, pursuant to subdivision 89 of paragraph a of Section 11.00 of
the Local Finance Law, based upon subdivisions 12(a), 29 and 108
thereof, being additional capital projects beyond the scope of the
authorizing bond resolution dated and duly adopted on January 4, 2017
for $153,700;
f) Construction of traffic calming measures, including incidental signage, on
various City streets, 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
class of objects or purposes shall consist of the issuance of $51,000
bonds of the $5,225,575 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;
g) Planning and design costs for a new Fire Station, including related studies
for the existing Central and East Hill Stations as well as other City
facilities, in and for said City, at a maximum estimated cost of $650,000. It
is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $650,000 bonds of the
$5,225,575 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 62(2nd) of paragraph a of Section 11.00 of the
Local Finance Law, being additional planning and design costs beyond the
scope of previous authorizing bond resolutions;
h) Purchase and installation of a new telephone system to consolidate nine
existing stand-alone phone systems into a single Voice over IP campus
wide telephone system, for said City, at a maximum estimated cost of
$255,000. It is hereby determined that the plan for the financing of such
specific object or purpose shall consist of the issuance of $255,000 bonds
of the $5,225,575 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;
i) Construction of improvements to and reconstruction of various City
buildings, in and for said City, at a maximum estimated cost of $302,500.
It is hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $302,500 bonds of the
$5,225,575 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;
j) The purchase of equipment for various departments, an aggregate
maximum estimated cost of $844,100, allocated
as follows:
(i) Purchase of equipment for maintenance purposes, each item of
which costs $30,000 or more, for said City, at an aggregate
maximum estimated cost of $460,600. It is hereby determined that
the plan for the financing of such class of objects or purposes shall
consist of the issuance of $460,600 bonds of the $5,225,575 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 a pick-up truck, for said City, at a maximum estimated
cost of $26,500. It is hereby determined that the plan for the
financing of such specific object or purpose shall consist of the
issuance of $26,500 bonds of the $5,225,575 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 28 of paragraph a of Section 11.00 of the Local Finance
Law; and
(iii) Purchase of police cars to replace those in service for one year or
more, for said City, at a maximum estimated cost of $357,000. It is
hereby determined that the plan for the financing of such class of
objects or purposes shall consist of the issuance of $357,000
bonds of the $5,225,575 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;
k) Reconstruction of the East State Street sanitary sewer lines, in and for
said City, at a maximum estimated cost of $765,000. It is hereby
determined that the plan for the financing of such specific object or
purpose shall consist of the issuance of $765,000 bonds of the $5,225,575
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;
l) Design costs for College Avenue sanitary sewer lines replacement, 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 $5,225,575
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;
m) Design costs for College Avenue water lines replacement, 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 $5,225,575 bonds of said
City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific
object or purpose is 5 years, pursuant to subdivision 62(2 nd) of paragraph
a of Section 11.00 of the Local Finance Law;
n) Design and incidental right-of-way expenses for improvements to Hector
Street, in and for said City, at a maximum estimated cost of $331,800. It
is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $331,800 bonds of the
$5,225,575 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;
o) Reconstruction of the South Albany Street and North Albany Street water
mains, in and for said City, at a maximum estimated cost of $298,750. It
is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $298,750 bonds of the
$5,225,575 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;
p) Reconstruction of the South Albany Street and North Albany Street sewer
mains, in and for said City, at a maximum estimated cost of $103,250. It
is hereby determined that the plan for the financing of such specific object
or purpose shall consist of the issuance of $103,250 bonds of the
$5,225,575 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; and
q) City’s share of the cost of the final design engineering services for the
Ithaca Area Wastewater Treatment Facility (IAWWTF), in and for said
City, at a maximum estimated cost of $434,175. It is hereby determined
that the plan for the financing of such specific object or purpose shall
consist of the issuance of $434,175 bonds of the $5,225,575 bonds of said
City authorized to be issued pursuant to this bond resolution. It is hereby
determined that the period of probable usefulness of the aforesaid specific
object or purpose is 5 years, pursuant to subdivision 62(2 nd) of paragraph
a of Section 11.00 of the Local Finance Law, being additional design
engineering services beyond the scope of previous authorizing bond
resolutions.
Section 2. The aggregate maximum estimated cost of the aforesaid objects or
purposes is $5,225,575, and the plan for the financing thereof is by the issuance of the
$5,225,575 serial bonds authorized by Section 1 hereof, allocated to each of the objects
or purposes in accordance with the maximum estimated cost of each stated in Section 1
hereof; provided, however, that the amount of serial bonds will be reduced by any
Federal or State grants-in-aid received therefor, including as specifically provided
herein.
Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York,
are hereby irrevocably pledged for the payment of the principal of and interest on such
obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and interest on
such obligations becoming due and payable in such year. There shall annually be
levied on all the taxable real property of said City, a tax sufficient to pay the principal of
and interest on such obligations as the same become due and payable.
Section 4. Subject to the provisions of the Local Finance Law, the power to authorize
the issuance of and to sell bond anticipation notes in anticipation of the issuance and
sale of the bonds herein authorized, including renewals of such notes, is hereby
delegated to the City Controller, the chief fiscal officer. Such notes shall be of such
terms, form and contents, and shall be sold in such manner, as may be prescribed by
said City Controller, consistent with the provisions of the Local Finance Law.
Section 5. The powers and duties of advertising such bonds for sale, conducting the
sale and awarding the bonds, are hereby delegated to the City Controller, who shall
advertise such bonds for sale, conduct the sale, and award the bonds in such manner
as he shall deem best for the interests of the City; provided, however, that in the
exercise of these delegated powers, he shall comply fully with the provisions of the
Local Finance Law and any order or rule of the State Comptroller applicable to the sale
of municipal bonds. The receipt of the City Controller shall be a full acquittance to the
purchaser of such bonds, who shall not be obliged to see to the application of the
purchase money.
Section 6. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining debt service and all matters related thereto, prescribing whether manual or
facsimile signatures shall appear on said bonds, prescribing the method for the
recording of ownership of said bonds, appointing the fiscal agent or agents for said
bonds, providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of the City Controller,
providing for the manual countersignature of a fiscal agent or of a designated official of
the City), the date, denominations, maturities and interest payment dates, place or
places of payment, and also including the consolidation with other issues, shall be
determined by the City Controller. It is hereby determined that it is to the financial
advantage of the City not to impose and collect from registered owners of such 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 7. The validity of such bonds and bond anticipation notes may be contested
only if:
1) Such obligations are authorized for an object or purpose for which said
City is not authorized to expend money, or
2) The provisions of law which should be complied with at the date of
publication of this resolution are not substantially complied with, and an
action, suit or proceeding contesting such validity is commenced within
twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of the
Constitution.
Section 8. This resolution shall constitute a statement of official intent for purposes of
Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no
monies are, or are reasonably expected to be, reserved, allocated on a long-term basis,
or otherwise set aside with respect to the permanent funding of the object or purpose
described herein.
Section 9. This resolution, which takes effect immediately, shall be published in
summary form in the Ithaca Journal, the official newspaper, together with a notice of
the City Clerk in substantially the form provided in Section 81.00 of the Local Finance
Law.
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 Approval of Downtown Design Guidelines:
A. Declaration of Lead Agency for Environmental Review - Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed adoption of the Downtown Design Guidelines is an “Unlisted”
Action under the City of Ithaca Environmental Quality Review Ordinance, and the State
Environmental Quality Review Act and is subject to environmental review; now,
therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the approval of the Downtown Design
Guidelines.
B. Determination of Environmental Significance – Resolution
WHEREAS, the City of Ithaca is considering the approval of the Downtown Design
Guidelines; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 24,
2017; and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Department of Planning and Sustainability have been given the opportunity to comment
on the proposed design guidelines, and no comments have been submitted to date; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the 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 October 24, 2017; 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.
C. Approval of the Downtown Design Guidelines - Resolution
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation
of design guidelines as a tool to help achieve the plan’s goals of encouraging additional
housing and employment opportunities while preserving the character of established
neighborhoods; and
WHEREAS, Downtown has been and will remain a thriving urban center, and much of
the Downtown area was rezoned in 2013 to further promote a dense, mixed-use urban
core with street-level activity; and
WHEREAS, the new zoning focuses on use and density requirements with very little
regulation of built form, and design guidelines are needed to build upon the zoning to
promote high-quality design and construction as well as sensitivity to the historic context
of Downtown and adjacent residential neighborhoods; and
WHEREAS, the City worked with project consultants Winter & Company to prepare
design guidelines for the Downtown area that:
1. Build upon existing zoning to promote high-quality construction and urban
design;
2. Formally establish design expectations for new construction;
3. Help implement the goals of Plan Ithaca; and
4. Add clarity and predictability to the development approval process for
Property owners and the Planning and Development Board; and
WHEREAS, Winter & Company worked with a client committee of Common Council
members, Planning Board members, and City staff and sought input from property
owners, neighborhood residents, architects, and other members of the public that
informed the design guidelines; and
WHEREAS, the Downtown Design Guidelines outline design objectives and provide
ways that the objectives can be met but, unlike zoning, allow a property owner the
flexibility to suggest alternative ways to achieve the same goal; and
WHEREAS, once approved, the design guidelines will serve as the basis for design
review in the Downtown area and will be implemented through the City’s existing design
review process, as outlined in Chapter 160, Design Review, of the City Municipal Code;
and
WHEREAS, the Planning and Development Board reviewed the Downtown Design
Guidelines, dated August 2017, at its meeting on October 24, 2017 and recommended
approval of the document with several modifications; and
WHEREAS, the Downtown Design Guidelines have been reviewed by the Tompkins
County Department of Planning and Sustainability, pursuant to §239-l-m of New York
State General Municipal Law, and have also been distributed for review by the City of
Ithaca Conservation Advisory Council; and
WHEREAS, the Common Council has reviewed the Downtown Design Guidelines,
dated August 2017, and has considered the modifications recommended by the
Planning and Development Board; now, therefore be it
RESOLVED, That the Common Council hereby approves the Downtown Design
Guidelines [with modifications recommended by the Planning and Development Board];
and, be it further
RESOLVED, That the Downtown Design Guidelines shall serve as a guide for the
mandatory design review of any projects within the Downtown area, as required by
Chapter 160, Design Review, of the City Municipal Code.
1
Planning and Development Board’s Recommended Revisions
to the Downtown Design Guidelines, dated August 2017
~ October 24, 2017 ~
Add client committee to acknowledgements page.
Page 7, Design Review Process: Revise text to read “All recommendations from the design
review process are non-binding unless they are made a condition of site plan approval, or
have been fully incorporated into the approved set of drawings.
Page 15, Tuning Fork: Revise text to read “Because the Tuning Fork likes adjacent to two
historic districts and includes a portion of one of these and is also a gateway to
Downtown, it strongly influences the traditional character of the greater Downtown Area.”
Page 41, SD.24: Make the word “panel” plural in the final bullet.
Page 44, SD.31:
o Change SD.31 to a priority guideline
o Revise the second bullet to read “Shield site lighting to avoid minimize off-site
glare.”
Page 46, Adaptive Reuse and Incorporating Existing Buildings: Revise text to read “These
practices are particularly relevant in locally and nationally designated historic districts
and in the West State Street Character area, where an eclectic mix of buildings is a key
feature.”
Page 46, SD.34: Revise guideline to read “Encourage reuse of an existing building instead of
developing a new building, especially within or adjacent to local or national historic districts
and in the West State Street character area.”
Page 53, BD.5: Revise second bullet to read “Vertically align windows on upper and lower
floors.”
Page 53, BD.9: Change BD.9 to a priority guideline.
Page 54, BD.11: Change BD.11 to a priority guideline.
Page 56, Roof Materials Chart: Change “Asphalt Tile” to “Asphalt Shingle” and revise the
chart to indicate that asphalt shingle is not an appropriate roofing material in the Downtown
Core or Tuning Fork character areas.
Page 61, BD.17: Change BD.17 to a priority guideline.
Page 62, Parking Garages:
o Correct opening narrative to indicate that “Street Level Interest” is on page 65.
o Revise the caption of “Wrap with an active use” to note that this method is the
preferred screen method.
o Move the image of the preferred screen method to be the top photograph.
Page 63, BD.21: Add the following bullet:
o “Use air- or ground-source (geothermal) heat pump systems for space heating and
cooling, air-source heat pumps for hot water, and non-natural gas-fired boilers.”
Page 65, BD.26:
o Revise first bullet to remove “(MU-1 and MU-2)”.
o Revise third bullet to read “Apply these guidelines to a parking garage that occurs at
the street level. As stated on page 62, the ideal solution is wrapping the garage
with active uses.”
2
o Remove images of landscaping, decorative wall surface, and wall art to emphasize the
preference for architectural elements.
Page 68, A7. Upper Floor Stepback: Increase the suggested depth of a stepback from 8-12
feet to a minimum of 12 feet. REMOVED BY PEDC AT 12/13/17 MEETING
Page 70, BD.27: Revise guideline to read “Use a combination of “façade articulation” and
“massing variation” methods as shown in Figure 13 and as specified in more detail in
items A.-E. on pages 71-75.”
Pages 71-75: Revise the headings as follows:
o A. Maintaining Compatibility with Traditional Scale at the Street
o B. Addressing a Sensitive Edge Condition
o C. Creek Walk
o D. Maintaining Public Views/Increasing Solar Access
o E. Creating Outdoor Space
Page 71, A. Maintaining Compatibility with Traditional Scale at the Street: Under the
“Width” section, reduce the dimension of a long wall in the West State Street character area
to greater than or equal to 60 ft. and reduce the dimension of a short wall to less than 60 ft.
Page 72, B. Addressing a Sensitive Edge Condition: Revise the text of the intent to read
“Use one or more of the following options to address when a potentially incompatible
building is proposed adjacent to a sensitive edge condition.”
Page 74, C. Creek Walk:
o Revise the bullets to read as follows:
“Option One: The building should provide an increased setback (A6) of at
least 5 feet from the required setback line for the first two stories, and an
increased stepback (A&) of at least 10 additional feet for any portion
above two stories.”
“Option Two: Buildings over 2 stories can be completely setback (A6)
fifteen feet from the required setback line.”
o Label the left diagram “Option One” and label the right diagram “Option 2”.
Page 76, Interior Façade Articulation:
o Add a new bullet as the first bullet to read “Any façade visible to the public.”
o Revise the text following the bullets to read “Use minimal articulation methods to
express human scale on an interior façade that is not visible to the public;
additional articulation there is encouraged but not required.” Label this text as
guideline BD.28 and make this a secondary guideline.
Page 88, DC.1: Revise second bullet to read “An additional setback area may be appropriate
to provide an expanded sidewalk, an entry plaza, landscaped area or other outdoor feature
provided that it is still designed to establish a street edge through materials or other features.
Page 90, WSS.1:
o Revise the first bullet to read “Setbacks of zero to fifteen (0-15) feet are appropriate
for all street-facing facades (or as required by zoning).
o Revise second bullet to read “An additional setback area may be appropriate to
provide an expanded sidewalk, an entry plaza, landscaped area or other outdoor
feature provided that it is still designed to establish a street edge through materials or
other features.
Additional editorial revisions throughout (missing punctuation, extra spaces, etc.)
10. Approval of Collegetown Design Guidelines:
A. Declaration of Lead Agency - Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed adoption of the Collegetown Design Guidelines is an
“Unlisted” Action under the City of Ithaca Environmental Quality Review Ordinance, and
the State Environmental Quality Review Act and is subject to environmental review;
now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the approval of the Collegetown Design
Guidelines.
B. Determination of Environmental Significance - Resolution
WHEREAS, the City of Ithaca is considering the approval of the Collegetown Design
Guidelines; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated October 24,
2017; and
WHEREAS, the City of Ithaca Conservation Advisory Council and Tompkins County
Department of Planning and Sustainability have been given the opportunity to comment
on the proposed design guidelines, and no comments have been submitted to date; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the 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 October 24, 2017; 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.
C. Approval of Collegetown Design Guidelines - Resolution
WHEREAS, Plan Ithaca, the City’s Comprehensive Plan, calls for the implementation
of design guidelines as a tool to help achieve the plan’s goals of encouraging additional
housing and employment opportunities while preserving the character of established
neighborhoods; and
WHEREAS, the 2009 Collegetown Urban Plan & Conceptual Design Guidelines,
endorsed by the Common Council in 2009, recommended the adoption of a form-based
code and design guidelines for Collegetown, and the Collegetown Area Form Districts,
adopted in 2014, stipulate zoning requirements that promote high -quality architecture
and urban form; and
WHEREAS, the new zoning does not address more detailed design issues, such as
building materials, massing variation, and site design, and the design guidelines will
build upon the existing zoning to address these issues; and
WHEREAS, the City worked with project consultants Winter & Company to prepare
design guidelines for the Collegetown area that:
(1) Build upon existing zoning to promote high-quality construction and urban
design;
(2) Formally establish design expectations for new construction;
(3) Help implement the goals of Plan Ithaca and the 2009 Collegetown Urban
Plan & Conceptual Design Guidelines; and
(4) Add clarity and predictability to the development approval process for
property owners and the Planning and Development Board
; and
WHEREAS, Winter & Company worked with a client committee of Common Council
members, Planning Board members, and City staff and sought input from property
owners, neighborhood residents, architects, and other members of the public that
informed the design guidelines; and
WHEREAS, the Collegetown Design Guidelines outline design objectives and provide
ways that the objectives can be met but, unlike zoning, allow a property owner the
flexibility to suggest alternative ways to achieve the same goal; and
WHEREAS, once approved, the design guidelines will serve as the basis for design
review in the Collegetown area and will be implemented through the City’s existing
design review process, as outlined in Chapter 160, Design Review, of the City Municipal
Code; and
WHEREAS, the Planning and Development Board reviewed the Collegetown Design
Guidelines, dated August 2017, at its meeting on November 28, 2017 and
recommended approval of the document with several modifications; and
WHEREAS, the Collegetown Design Guidelines have been reviewed by the Tompkins
County Department of Planning and Sustainability, pursuant to §239-l-m of New York
State General Municipal Law, and have also been distributed for review by the City of
Ithaca Conservation Advisory Council; and
WHEREAS, the Common Council has reviewed the Collegetown Design Guidelines,
dated August 2017, and has considered the modifications recommended by the
Planning and Development Board; now, therefore be it
RESOLVED, That the Common Council hereby approves the Collegetown Design
Guidelines [with modifications recommended by the Planning and Development Board];
and, be it further
RESOLVED, that the Collegetown Design Guidelines shall serve as a guide for the
mandatory design review of any projects within Collegetown area, as required by
Chapter 160, Design Review, of the City Municipal Code.
1
Planning and Development Board’s Recommended Revisions
to the Collegetown Design Guidelines, dated August 2017
~ November 28, 2017 ~
Add client committee to acknowledgements page.
Page 7, Design Review Process: Revise text to read “All recommendations from the design
review process are non-binding unless they are made a condition of site plan approval, or
have been fully incorporated into the approved set of drawings.
Page 8, Priority and Secondary Guidelines: Change the example at the end of the first
paragraph since all Collegetown zoning districts require a minimum of two stories.
Pages 8-9, Relationship to the Collegetown Area Form Districts: Revise the text in this
section to be consistent with the similar section in the Downtown Design Guidelines.
Page 10, Historic Preservation: Update this section to note the recent designation of the
Larkin Building.
Page 15: Change the top and bottom photo to show buildings that are in the Residential
Transition area.
Page 39, SD.22: Make the word “panel” plural in the final bullet.
Page 42, SD.29:
o Change SD.29 to a priority guideline
o Revise the second bullet to read “Shield site lighting to avoid minimize off-site
glare.”
Page 45: Insert “Adaptive Reuse of an Existing Building” section from the Downtown Design
Guidelines as a new section before “Sensitive Site Design Transitions.”
Page 49, BD.5: Revise second bullet to read “Vertically align windows on upper and lower
floors.”
Page 49, BD.9: Change BD.9 to a priority guideline.
Page 50, BD.11: Change BD.11 to a priority guideline.
Page 52, Roof Materials Chart: Change “Asphalt Tile” to “Asphalt Shingle” and revise the
chart to indicate that asphalt shingle is not an appropriate roofing material in the
Collegetown Core character area.
Page 57, BD.17: Change BD.17 to a priority guideline.
Page 59, BD.19: Add the following bullet:
o “Use air- or ground-source (geothermal) heat pump systems for space heating and
cooling, air-source heat pumps for hot water, and non-natural gas-fired boilers.”
Page 61, Street Level Interest: Remove images of landscaping, decorative wall surface, and
wall art to emphasize the preference for architectural elements.
Page 64, A7. Upper Floor Stepback: Increase the suggested depth of a stepback from 8-12
feet to a minimum of 12 feet. REMOVED BY PEDC AT 12/13/17 MEETING
Page 66, BD.25: Revise guideline to read “Use a combination of “façade articulation” and
“massing variation” methods as shown in Figure 12 and as specified in more detail in
items A.-D. on pages 67-70.”
Pages 71-75: Revise the headings as follows:
o A. Maintaining Compatibility with Traditional Scale at the Street
o B. Addressing a Sensitive Edge Condition
2
o C. Maintaining Public Views/Increasing Solar Access
o D. Creating Outdoor Space
Page 67, A. Maintaining Compatibility with Traditional Scale at the Street:
o Under the “Width” and “Height” sections, reduce the dimension of a long wall in
the Collegetown Core character area to greater than or equal to 40 ft. and reduce the
dimension of a short wall to less than 40 ft. Reduce the dimension of a long wall in
the Residential Transition character area to greater than or equal to 40 ft. and reduce
the dimension of a short wall to less than 40 ft.
o Under “Height,” add a new bullet under both “Long Walls” and “Short Walls” to
read: “Use A7 for any portion of a front façade over 65’ in height as measured
from the ground.” REMOVED BY PEDC AT 12/13/17 MEETING
Page 68, B. Addressing a Sensitive Edge Condition: Revise the text of the intent to read
“Use one or more of the following options to address when a potentially incompatible
building is proposed adjacent to a sensitive edge condition.”
Page 70, C. Maintaining Public Views/Increasing Solar Access: reduce the dimension of a
long wall in the Collegetown Core character area to greater than or equal to 40 ft. and reduce
the dimension of a short wall to less than 40 ft.
Page 71, Interior Façade Articulation:
o Add a new bullet as the first bullet to read “Any façade visible to the public.”
o Revise the text following the bullets to read “Use minimal articulation methods to
express human scale on an interior façade that is not visible to the public;
additional articulation there is encouraged but not required.” Label this text as
guideline BD.26 and make this a secondary guideline.
Page 81, Building Orientation and Placement (MU-2): Change CC.2 to a priority guideline.
Page 83, Corner Design (MU-2):
o Revise intent text to read: “Building corners in the MU-2 district should provide a
special design element to highlight these focal points, improve visibility around
them, and provide generous space for pedestrian movement there.”
o Replace chamfered corner photograph and drawing with an example of a larger
chamfer.
Page 84 and 85: On both pages, replace bottom image with a building from the Residential
Transition character area.
Page 86, Front Yard Setback Character: Change NP.2 to a secondary guideline.
Additional wording changes to make the document consistent with the Downtown Design
Guidelines.
Additional editorial revisions throughout (missing punctuation, extra spaces, etc.)