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HomeMy WebLinkAboutMN-CC-2018-01-03COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 3, 2018 PRESENT: Mayor Myrick Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart Fleming, Smith, Kerslick, Lewis, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Lavine City Controller – Thayer Community Development Director – Bohn Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. PROCLAMATIONS/AWARDS: Mayor Myrick read the following Proclamation into the record: PROCLAMATION THANKING VOLUNTEERS FOR THEIR MANY YEARS OF SERVICE WHEREAS, the City of Ithaca is a vibrant and engaged community, and WHEREAS, citizens who share their time, energy, and thoughtful advice for the betterment of our community deserve our highest appreciation and deepest thanks; and WHEREAS, through a vote of referendum on November 7, 2017, the City of Ithaca recently established a new form of citizen participation in a four commission structure which as a result dissolved several long-standing city board and committees; and WHEREAS; members of the Bicycle Pedestrian Advisory Council, the Board of Fire Commissioners, the Commons Advisory Board, Conservation Advisory Council, Disability Advisory Council, Natural Areas Commission, Parks Commission, Public Art Commission, Rental Housing Advisory Commission, Shade Tree Advisory Committee, and the Youth Bureau Advisory Board have dedicated an impressive amount of time and talent to these groups with several members serving in these roles for over 20 years; and WHEREAS, these organizations have served to inform the city and affect change on a wide range of topics; and WHEREAS, the work of these citizen volunteers and their committed service to the City of Ithaca has contributed immensely to the successful completion of many city projects; and WHEREAS, the Common Council values the contributions and input of these volunteers and wishes to honor them for their work; now therefore be it PROCLAIMED that these dedicated, thoughtful, independent, and selfless volunteers who have served on the many advisory boards being dissolved have indeed left a legacy of engagement that will not soon be forgotten, and be it further PROCLAIMED that the City of Ithaca, the Common Council and the Mayor, offers and extends the sincerest and most profound gratitude to all the committed volunteers that have impacted the city through their efforts. January 3, 2018 2 SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Quarterly Employee Recognition Awards: Mayor Myrick presented the Group Quarterly Employee Recognition Award to the City of Ithaca Picnic Committee composed of Leslie Moskowitz, Donna Redsicker, JoAnn Cornish, Deborah Grunder, Jenna Stroud, Jennifer Greenawalt, and Denise Malone. Under the superb leadership of Leslie Moskowitz, this cross-functional team worked diligently to resurrect a modified version of the city-wide Annual Employee Recognition Event. Mayor Myrick presented the Individual Quarterly Employee Recognition Award to Daniel Truesdale, Department of Public Works, Commons Crew. The day after the Charlottesville, VA riot and tragedy, some in the City wanted to be out on the Commons to spread love, not hate. They set up, wearing their “Ithaca Is Love” t-shirts, and asked passersby to commit to tangible actions to combat the loudness of hate in our world. Daniel not only helped the group set up their area, he shared stories about the folks he encounters on a daily basis, and how he works to make their days just a little bit better. He is being recognized for being a compassionate and caring ambassador for the City in the conduct of his day-to-day duties. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Kevin Koehler, President, Ithaca Paid Fire Fighters Association – introduced himself and offered to coordinate a meeting with Common Council members in order to get know each other better. Matt Butler, Ithaca Times - Commons survey Joseph Strayhorn, City of Ithaca – GIAC’s boxing program and its health related impacts on young people including concussions. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson McGonigal commended the Water & Sewer crews who were out working on the evening of January 1st in freezing temperatures. Alderperson Brock offered a moment of gratitude for the City employees who worked hard to bring back the City employee recognition event. She further responded to comments made regarding GIAC’s boxing program and being mindful of injuries that occur to young people in a variety of sports. Alderperson Fleming expressed her gratitude to the employees in the City Chamberlain’s Office for accommodating a last minute request to allow city residents to pay their 2018 property taxes early. She noted that the process was efficient and they exhibited a high level of customer service. 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 By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their sponsored events for 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 January 3, 2018 3 RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine, beer and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the events. Carried Unanimously City Administration Committee Items: 8.2 Public Information and Technology Department - Amendment to Personnel Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith 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. Carried Unanimously January 3, 2018 4 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 By Alderperson Kerslick: Seconded by Alderperson Smith 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). Carried Unanimously 8.4 Finance/Controller- Designation of Official Newspaper- Resolution By Alderperson Kerslick: Seconded by Alderperson Smith 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. Carried Unanimously 8.5 Finance/Controller – Collateral to Secure Deposits - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M&T Bank as reported be approved as to form and sufficiency. Carried Unanimously January 3, 2018 5 8.6 Finance/Controller- Public Employee's Blanket Bond - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2018. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 Carried Unanimously 8.7 Finance/Controller- Designation of Common Council Meetings - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the regular meetings of the Common Council, for the year 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. Carried Unanimously 8.8 Finance/Controller- Designation of Official Depositories - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2018. Carried Unanimously 8.9 Common Council - Approval of 2018 Travel Policy - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 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. Carried Unanimously 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 By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick 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 January 3, 2018 6 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: ; 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 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 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. 0 125 100 225 Round #15 Recommended Funding Awards Lakeview Health Services West End Heights 60 rental (C) Ithaca W. Court St. @ N. Meadow St. 0 100 150 250 Totals 0 225 250 475 January 3, 2018 7 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 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. Carried Unanimously 9.2 Authorization for the City Attorney to Retain Counsel and Commence Litigation against Opioid Manufacturers and Distributors - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick 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. Alderperson Brock stated that she wholeheartedly supports this action and hopes there will be a second phase of going after doctors who knowingly distribute opioids inappropriately. Alderperson McGonigal confirmed that this action will not cost the city anything. It is an arrangement where there is only a fee assessed if there is a financial settlement. Alderperson Fleming requested updates of this initiatives as it progresses. City Attorney Lavine stated that he would keep Council informed of new steps in the litigation. A vote on the Resolution resulted as follows: Carried Unanimously January 3, 2018 8 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 By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick 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. January 3, 2018 9 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. January 3, 2018 10 Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Gearhart: Aye Alderperson Fleming: Aye Alderperson Smith: Aye Alderperson Kerslick: Aye Alderperson Mohlenhoff: Aye Alderperson Lewis: Aye Carried Unanimously 9.4 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 By Alderperson Mohlenhoff: Seconded by Alderperson Brock 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 January 3, 2018 11 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. January 3, 2018 12 A roll call vote resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Gearhart: Aye Alderperson Fleming: Aye Alderperson Smith: Aye Alderperson Kerslick: Aye Alderperson Mohlenhoff: Aye Alderperson Lewis: Aye Carried Unanimously 9.5 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 By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; 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 January 3, 2018 13 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. January 3, 2018 14 A roll call vote resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Gearhart: Aye Alderperson Fleming: Aye Alderperson Smith: Aye Alderperson Kerslick: Aye Alderperson Mohlenhoff: Aye Alderperson Lewis: Aye Carried Unanimously 9.6 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 By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick 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 Elmira Road, 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 January 3, 2018 15 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. January 3, 2018 16 Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Gearhart: Aye Alderperson Fleming: Aye Alderperson Smith: Aye Alderperson Kerslick: Aye Alderperson Mohlenhoff: Aye Alderperson Lewis: Aye Carried Unanimously 9.7 A 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 By Alderperson Mohlenhoff: Seconded by Alderperson Lewis 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. January 3, 2018 17 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, January 3, 2018 18 or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A roll call vote resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Gearhart: Aye Alderperson Fleming: Aye Alderperson Smith: Aye Alderperson Kerslick: Aye Alderperson Mohlenhoff: Aye Alderperson Lewis: Aye Carried Unanimously 9.8 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 By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore be it 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(2 nd) of paragraph a of Section 11.00 of the Local Finance Law; January 3, 2018 19 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 January 3, 2018 20 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(2 nd) 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 January 3, 2018 21 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(2nd) 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 January 3, 2018 22 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. Alderperson McGonigal questioned the funding request for the design of a new fire station vs. the renovation of the existing station as a final decision on the property has not been made. City Controller Thayer responded that the only item being funded are studies for all city facilities. If it is determined that it is more cost effective to renovate the existing fire station, further action by Common Council will be needed. Amending Resolution By Alderperson Brock: Seconded by Alderperson McGonigal RESOLVED, That subsection “g” be amended to read as follows: “g) Planning and design costs for a possible 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 January 3, 2018 23 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;” Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick, Lewis Nays (1) Mohlenhoff Carried (9-1) A roll call vote on the Main Motion as Amended resulted as follows: Alderperson Brock: Aye Alderperson McGonigal: Aye Alderperson Nguyen: Aye Alderperson Murtagh: Aye Alderperson Gearhart: Aye Alderperson Fleming: Aye Alderperson Smith: Aye Alderperson Kerslick: Aye Alderperson Mohlenhoff: Aye Alderperson Lewis: Aye Carried Unanimously 9.9 City Controller’s Report City Controller Thayer reported on the following  Expressed thanks to the City Chamberlain’s Office and members of Senior Staff for their efforts in allowing the pre-payment of 2018 property taxes for city property owners.  The City budgeted for a $488,000 deficit in 2017; however, early indications show that the remaining deficit will be smaller than anticipated.  This round of bond issuances will result in a new bond rating by Moody’s. The City will be striving to retain its Aa2 rating.  Sales tax remains strong – 5.8% ahead of 2016 ($700,000) – 3 collections remain.  Overtime: $1.4 million was spent – $974,000 was budgeted. Police overtime is driving this due to open positions and the existing labor contract. Open position salaries will offset a portion of the difference.  Building Permit revenue: $766,000 was collected – $842,000 was budgeted.  Parking revenues exceeded the budget; however, expenses were over as well.  The CPI is 2.1% for the year which represents a 2.1% increase in the voluntary contribution from Cornell University for 2017. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Approval of Downtown Design Guidelines: A. Declaration of Lead Agency for Environmental Review - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock 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. Carried Unanimously January 3, 2018 24 B. Determination of Environmental Significance – Resolution By Alderperson Murtagh: Seconded by Alderperson Gearhart 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. Carried Unanimously C. Approval of the Downtown Design Guidelines - Resolution By Alderperson Murtagh: Seconded by Alderperson Brock 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 January 3, 2018 25 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 adopted at the December 13, 2017 Planning & Economic Development Committee]; 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. Alderperson McGonigal noted that the Resolution states that these guidelines have been reviewed by Common Council; however, only half of the members have seen it. Alderperson Murtagh responded that a number of people have been reviewing these documents for quite a while. Discussion followed on the urgency of passing the guidelines now. City Planner Wilson stated that deferring approval of the guidelines for another month would be fine; however, the risk is that a project will come on-line prior to the approval. She clarified that the guidelines were circulated to Common Council and a broad list of other stakeholders at the end of October, and have been available on the City’s website since then. Alderperson Brock noted that this isn’t zoning legislation, it is a design and aesthetic document. She stated that there are a lot of projects moving forward, and she feels comfortable moving forward as the guidelines have been reviewed by Planning Board, and the Planning & Economic Development Committee. She further remarked on the size of the documents and suggested that hyperlinks be included in electronic agendas to make these types of documents easier to find and review. Alderperson Brock requested a friendly amendment to the first Resolved clause, changing the phrase to “with modifications adopted at the December 13, 2017 Planning & Economic Development Committee” as opposed to the Planning Board. Alderperson Fleming questioned how a delay in consideration would affect projects that are on the table. City Planner Wilson stated that the Planning Division has been sharing the documents with developers and the Planning Board will use them as an unofficial guide during the interim period. January 3, 2018 26 Further discussion followed on how modifications to the guidelines would be handled. It was decided to produce a new document with the modifications included, along with a new adoption date. Motion to Table By Alderperson McGonigal: Seconded by Alderperson Murtagh RESOLVED, That consideration of this legislation be tabled for one month. Ayes (8) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Kerslick, Mohlenhoff, Lewis Nays (2) Smith, Fleming Carried (8-2) 10.2 Approval of Collegetown Design Guidelines: A. Declaration of Lead Agency - Resolution By Alderperson Murtagh: Seconded by Alderperson Gearhart 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. Carried Unanimously B. Determination of Environmental Significance - Resolution By Alderperson Murtagh: Seconded by Alderperson Gearhart 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 January 3, 2018 27 attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously C. Approval of Collegetown Design Guidelines - Resolution By Alderperson Murtagh: Seconded by Alderperson 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 January 3, 2018 28 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. Alderperson Smith stated that he would like to get these guidelines in place before development projects get underway and noted that the historic designations need to be updated. He further suggested that an image of the Schwartz Performing Arts building be included in the guidelines. Alderperson Kerslick noted that he has concerns about the language regarding the 65’ step back. He stated that he understands the need for flexibility but would like to see stronger language. He further addressed issues on Page 67 regarding massing variations and façade articulation. Motion to Table By Alderperson McGonigal: Seconded by Alderperson Murtagh RESOLVED, That consideration of this legislation be tabled for one month. Discussion followed regarding whether there were any recommendations for changes that needed to be forwarded to the PEDC, the urgency to pass this legislation, and the impact a delay could have on a project that has already been delayed due to the aerial access requirements. City Planner Wilson stated that if a project comes forward, there will be no guidelines in place but the Planning Board will be using this document as an unofficial guideline. A vote on the motion resulted as follows: Ayes (8) Brock, McGonigal, Murtagh, Gearhart, Fleming, Kerslick, Mohlenhoff, Lewis Nays (2) Smith, Nguyen Carried (8-2) It was decided that the Guidelines would be considered with the recommended changes that have already been distributed separately. Additional suggested changes should be submitted to the Planning Department for incorporation in the February Common Council agenda. REPORTS OF COMMON COUNCIL LIAISONS: Commission Working Group Alderperson Mohlenhoff reported that 54 applications have been received to date. There was a hope that appointments could be made at this meeting, but it was felt that more applications were needed in order to make solid recommendations. The Commissions will start functioning in March. She encouraged everyone to share this information as much as possible in order to help attract a diverse pool of applicants. GIAC Alderperson Murtagh announced that the GIAC Community Breakfast will be held on Saturday, January 13, 2018 from 9:00 – 11:30 am at the Beverly J. Martin Elementary School. The guest speaker will be Ithaca College President Dr. Shirley Collado. Ithaca Area Wastewater Treatment Plant Alderperson Brock reported that NYSEG needs to make improvements near the Waste Water Treatment Plant that will force the closure of portions of the Cayuga Waterfront Trail next winter. January 3, 2018 29 210 Hancock Street Celebration Alderperson Nguyen reported that the 210 Hancock Street apartment complex is now occupied and will be holding a welcome celebration on January 8, 2018 at 5:00 pm. Liaison Appointments Mayor Myrick reported that his Common Council liaison appointments have been completed and will be distributed soon. REPORT OF CITY CLERK: City Clerk Conley Holcomb noted that the July Common Council meeting falls on the Independence Day holiday and will need to be rescheduled to Thursday, July 5, 2018. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the Minutes of the October 4, 2017 Budget Meeting and November 1, 2017, December 6, 2017 Common Council Meetings – Resolution Approval of the October 4, 2017 Budget meeting minutes and the November 1, 2017, and December 6, 2017 Common Council meeting minutes were deferred to the February, 2018 meeting. MAYOR’S 2018 STATE OF THE CITY ADDRESS: Mayor Myrick presented his 2018 State of the City Address as follows: “The City of Ithaca municipal code dictates that the Mayor shall, at the beginning of each year, address Common Council with ‘respect to the needs and resources of the city, including such programs and proposals for the good of the city as he/she may wish to recommend.’ Such a simple description for such a difficult task. To sum up the hopes and wishes of 30,000 striving, wonderful, demanding, ambitious residents. The work of 450 faithful employees. The thousands of hours spent by citizen volunteers. And do it all before the Common Council falls asleep! It is something that I feel comfortable to do now, after seven years, confessing that I find it very difficult. And every year I look for inspiration from other communities, other speeches, and every speech I’ve written before. That review of previous state of the City addresses reveals an interesting recent history of our City. 2012-2016 From 2012 – a time when our City was once in much more dire straits. In need of dramatic and radical reform to stave off fiscal collapse. In need of urgent measures to stimulate growth to stave off economic stagnation. Struggling to answer enormous infrastructure needs like a sidewalk system that worked for no one, the Commons rebuild – perhaps the most complicated public works project completed in the City of Ithaca – and the water treatment plant build – the most expensive public works project ever completed in the City of Ithaca. Our Police Department was struggling to build a positive relationship with the community of color. But we made our way through each of those challenges with your ideas, the contributions of our citizen volunteers, and the hard work of our employees. Our sidewalk reform is delivering thousands of linear feet of repairs each year and is a model for communities around the country. Our storm water system has allowed us to make needed investments in our infrastructure. New growth and development helped address both the housing crisis and our economic crisis. The IPD has built strong and lasting bonds with every sector of the community. These things and more left us beginning 2017 in a stronger position than I ever forecasted. But a year ago we were facing a new threat that I also had not seen coming. An incoming federal administration that was openly hostile to both progressive governance and to cities themselves. An administration that has bent the full strength of the executive and legislative branch to divining new, creative ways to make life inside of cities more expensive and less satisfying. One year ago today we were concerned and preparing for the worst. January 3, 2018 30 What w e’ve accomplished – 2017 That was the state of our City at the outset of 2017 – a strong community and a sound government with a record of recent achievement and a raft of threats ahead. What’s happened since? You, the Common Council, our staff, and our city volunteers proceeded to do the f ollowing:  Finance Department that not only rushed to get assessments out early – but now has Audits up to date.  Replaced 5400 linear feet of sidewalk and built 11 curb ramps.  Successfully lobbied NYS to allow the game changing ride-sharing technology to make it safer and easier to move about our community.  W e ended Odd/Even parking as we know it.  We crafted and adopted a Transgender and Gender Non-conforming Employment Policy.  Put our application system online so people all over the world could easily apply to volunteer and work for the City of Ithaca.  We chose a new Chief of Police – the first person of color in the history of Ithaca to hold the job.  Our Planning and Building Department coordinated approval for 29 projects equaling $130 Million in investment: 568 Housing Units of which 107 are affordable and 28,500 SF of Commercial Space.  Disbursed $1.5 million in grants for affordable housing, job training and placement, and prevention of homelessness, including the 210 Hancock affordable housing project that included 59 apartments and 7 for-sale townhouses (IURA).  W e developed and implemented sanctuary city legislation – based on the soundest legal advice – that keeps us in compliance with federal law but does not force us to do the federal government’s job.  Participated in one legal action after another – amicus brief after amicus brief – that brushed back the Federal Government and defended the most vulnerable people in our community.  GIAC served 600 youth and teens directly – an increase from previous years. The teen catering program and Bitty Box Screen Printing gave them entrepreneurial experience. The Hospitality Training and Employment Program provided real links to great careers to people who are traditionally left out of economic development.  Approximately 6,000 young people, families, youth and adults with disabilities participated in programs and/or services offered at the Youth Bureau. Including Rec Support Services providing almost 10,000 hours of direct service to 221 adults with disabilities; about 20 of those individuals live at home with their families.  And this body completed a once-in-a-generation reform of the relationship between our government and its citizen volunteers. The new Commission Structure is a new relationship – designed to create transparency, accountability and results. You drafted it in public view then asked the public to vote on it. They approved it – overwhelmingly. That’s where we are. Another year of accomplishment in the face of adversity. But we have so very much work to do. And it behooves us not to become complacent or proud. For as much as we’ve done – there are still so many challenges facing the people who live here. My reading of recent history shows us how much we have to be proud of. My daily inbox shows how much the people of our community need the action and compassion of an energetic government. The single mothers who have to travel an hour in each direction because they cannot afford the rent, need us to do better. The seniors who have lived in Fall Creek for 40 years but may have to move because the tax burden is too high, need us to do better. The city employee who goes above and beyond to serve the public but is becoming disengaged because they do not feel valued. And they do not feel valued because the very physical office they choose to invest 40 hours a week of their lives in has not seen a commensurate level of investment from the City. They need us to do better. January 3, 2018 31 The Plan for 2018 Street Repair When is a pothole more than just an eyesore? When it is in the path of a pedestrian, and it threatens serious injury. When it is in the path of a cyclist and it could mean the difference between life and death. When it is the cause of damage to your car – the repair bill large enough to mean the difference between making it by to another paycheck, or falling behind and losing your job, your apartment, or your credit. Fixing our streets has been a priority for this body over the last six years. Every single year we’ve increased the amount of money we spend paving our streets. As a result we are paving more linear feet per year than five years ago - but we are still falling short. Superintendent of Public Works Mike Thorne has done an impressive analysis on what would be necessary to maintain a 20-year replacement cycle. Now it is up to us to find the resources to make that happen. In 2018 I will be asking Superintendent Thorne to work with Chief of Staff Dan Cogan, City Attorney Ari Lavine, and the Board of Public W orks to propose to Common Council the most equitable way to fund this ambitious project. Design Guidelines in Downtown and Collegetown The dramatic private sector growth that we’ve seen has helped us lower tax rates, increase services, and increase the number of good paying jobs we have in our community. This is a good thing – but we should pay close attention to the people who are concerned about the aesthetic of our City. How each building looks is important. The visual effect of each building is not the only important factor to consider when it is proposed, but it is an important one. A beautiful environment leads to a higher quality of life. With the passage of these codes each new building will have its own character. We won’t ever agree on what is a beautiful build but our new codes will better ensure that each building fits into the desired character of these neighborhoods. City Facilities It is said that “the shoemaker’s son always goes barefoot”. Our City employees have done incredible work to help build a city that is the envy of municipalities around the country – and they are often working in facilities that can’t get warm, can’t get cool, were built for entirely different purposes than they are used for now, are deteriorated or dangerous. This makes it difficult to maintain a positive morale. When morale suffers, then the service our residents receive suffers. That’s why we’ve spent the last two years studying every aspect of our city owned facilities. Our fire station study, Parks Master Plan, Law Enforcement Share Services Study, the Cass Park Rink Enclosure, City Hall, DPW, and GIAC. Every property is under consideration. Led by JoAnn Cornish, Director of the Department of Planning, Building and Economic Development, I believe 2018 will be the year that Council is presented with a menu of options for a 21 st century slate of city facilities and has the opportunity to vote on a direction. Parking The previous years have seen a revolutionary change in the way our city has managed parking – particularly downtown. Many have embraced the changes, but others have f looded my office with complaints about the new parking machines. The Seneca Street garage is nearing the end of its useful life. The Green Street Garage presents an exciting opportunity to build badly needed housing the core of the City while rebuilding our deteriorating parking garage. And while the parking garages downtown still have plenty of vacancy, we must begin planning for the next 20 years of growth and development in the core of the City. With these many challenges to manage at once, I believe it is time to review and revisit our long term parking vision. So in 2018, I will ask the Mobility, Accessibility and Transportation Commission to make the development of a long term parking strategic strategy one of their top priorities. Waterfront Relocate the State owned DOT facility and relocate the DEC facility. Complete the W aterfront study currently underway and adopt W aterfront design guidelines. If we do these things we can bring people back to our waterfront. Bring them there to move, to January 3, 2018 32 eat, to shop and to live. Bring them to our waterfront to enjoy nature and to open this once closed off part of our community. City Identity The City of Ithaca is known throughout the world as a progressive community, a place of learning and the City that is “gorges”. But the government of the City of Ithaca does not have the same brand recognition. Our City seal – the small round image of a long- demolished City Hall is so impersonal, generic, and not reflective of life in the City of Ithaca – that it may as well be nonexistent. W hy does this matter? City trucks bearing our seal are unrecognized by people who have lived here their entire lives, so the good work they do in the streets doesn’t receive the appreciation it deserves. Employees like Daniel Truesdale whose valuable contribution on the Commons we heard about tonight and are all rightly proud of. These employees should be visible to the public as ambassadors. City employees are embarrassed by the plainness and – frankly – lameness of the seal, so they create new brand identities for their web and social media presences. This hurts organizational cohesion and risks confusing the public. W e have an opportunity to tap into our community’s identity and help create a logo that better reflects what we do here in city government: make Ithaca the ideal community to live in. To work in. To play, shop, eat and learn in. So I will ask the Community Life Commission to begin a process to develop a new brand identity for the City of Ithaca. A process that will engage the public, respect our history, and build on what is best about our community. Those are the headlines. But that isn’t the whole story. W e’ll also:  Implement Law Enforcement Assisted Diversion.  Implement a web-based fire preplan system accessible to our emergency responders that integrates our fire-inspection database information and 911 information into one online system.  Complete a Southside Neighborhood Plan that protects and enhances the historic heart of the black community in Ithaca.  Complete the College Avenue Redesign.  Complete and Adopt a Green Building Policy.  Pursue Housing Affordability – led by Alderperson Seph Murtagh’s committee, inclusionary zoning, changes to tax abatement system.  Begin our litigation to sue opioid manufacturers and hold them accountable.  Defend, at every step, against the overreach of Federal government So what is the state of the City: The state of the City is strong – but in constant need of work, improvement, and dedication. W e’ll do all this and so much else. I know this because I am much smarter than I was six years ago when I gave my first address! After laying out all of the challenges we had to tackle I said then that: “I have no illusions about the scale of the work that lies before us. I know that is an ambitious and far-reaching agenda. I know too that we are up to the task. I know that the people in this room can achieve all I’ve laid out today and more. I know this because I have come to learn what this City is capable of.” I thought I knew then, but the years of strain and work – of trial and error – have only made me more optimistic. More idealistic. More confident that in one year’s time when I have once more have the privilege of addressing you, the City will be a stronger, healthier and better place to live. With that, I thank you for your time. I thank you for your attention. And I thank you for your service to the people of Ithaca.” January 3, 2018 33 ADJOURNMENT: On a motion the meeting adjourned at 8:15 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor