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HomeMy WebLinkAboutMN-CC-2019-01-02COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 2, 2019 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 Deputy Director of Planning & Development – Nicholas Historic Preservation Planner – McCracken City Planner - Wilson Chief of Staff - Cogan PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: There were no additions or deletions made to the agenda. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Carol Chock, City of Ithaca, urged Common Council to make climate change and energy conservation its highest priority for 2019 and recommended the reappointment of an Energy Commission. Bill Gilligan, Town of Ithaca/Volunteer Fire Company 9, addressed Council regarding the legislation slated to change the distribution of 2% monies. Gary Farwell, Ithaca Fire Department, addressed Council regarding the legislation slated to change the distribution of 2% monies. Christine O’Malley, Historic Ithaca, voiced her support for the historic designation of the the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca Street. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: Alderperson Fleming urged everyone to reach out to their Federal representatives and demand that the Federal government be re-opened. Alderperson Brock thanked Ms. Chock for her comments and stated that she would like to coordinate efforts to make strides in reducing energy consumption. CONSENT AGENDA ITEMS: Superintendent of Public Works: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2019 Events – Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their special events for 2019; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths January 2, 2019 2 during their special events between the dates of January 1 to December 31, 2019; and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured and shall provide evidence of such insurance to the City Clerk prior to the event. Carried Unanimously City Administration Committee: 8.2 Finance/Controller- Designation of Official Newspaper- Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2019. Carried Unanimously 8.3 Finance/Controller- Collateral to Secure Deposits - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart 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 8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2019. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 Carried Unanimously 8.5 Finance/Controller- Designation of Common Council Meetings - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart RESOLVED, That the regular meetings of the Common Council, for the year 2019, be held at 6:00 p.m., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously 8.6 Finance/Controller- Designation of Official Depositories - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2019. Carried Unanimously 8.7 Common Council - Approval of 2019 Travel Policy - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart 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 January 2, 2019 3 Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2019; and, be it further RESOLVED, That the cost for all events must be derived from existing 2019 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously 8.8 Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, the Department of Public Works, Streets and Facilities Division has received funding for a new crew to perform additional road maintenance and repair work including paving, road reconstruction, stormwater repairs, and snow removal; and WHEREAS, additional supervisory capacity is needed to assist the Supervisor of Streets to train new personnel and direct additional road-related maintenance and repair activities; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Assistant Supervisor of Streets ; and, be it further RESOLVED, That the position of Assistant Supervisor of Streets shall be assigned to the CSEA DPW Unit Compensation Plan at salary grade 9; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for the Assistant Supervisor of Streets position shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further RESOLVED, That the above changes shall be funded 67.5% from Account A5111-115 (Maintenance of Roads – Hourly Full-Time) and 32.5% from Account SD8141-115 (Storm Sewers – Hourly Full-Time). Carried Unanimously 8.9 Request to Release Funds from the 2019 Authorized Contingency Fund for the Tompkins Center for History & Culture - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, the Tompkins Center for History and Culture (TCHC) has requested financial support from the City toward their Capital campaign to purchase and build a new facility on the Ithaca Commons; and WHEREAS, as part of the 2019 Authorized City of Ithaca Budget, $5,000 was placed in Restricted Contingency for the purpose of providing financial support to said TCHC Capital Campaign; now, therefore be it RESOLVED, That Common Council hereby authorizes and directs the City Controller to make the following appropriation to the 2019 Authorized Budget: January 2, 2019 4 Decrease: Appropriation Account A1990 Restricted Contingency $5,000 Increase Appropriation Account A1210-5435 Mayor Contract $5,000 for the purpose of transferring funds to the Tompkins Center for History and Culture Capital Campaign Carried Unanimously 8.10 Request to Release Funds from the 2019 Authorized Contingency Fund for the Mental Health Court Resource Coordinator - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, the Department of Mental Health Services, the City of Ithaca and the Ithaca City Court have agreed to partner on the creation of a Mental Health Court Resource Coordinator to serve as a liaison between the Court, treatment providers, case managers, attorneys, law enforcement, court clerks and all other relevant stakeholders on behalf of individuals diagnosed with mental health conditions or co-occurring disorders; and WHEREAS, as part of the 2019 Authorized City of Ithaca Budget, $25,000 was placed in Restricted Contingency for the purpose of providing funding assistance for the Mental Health Court Resource Coordinator; and WHEREAS, the said coordinator position will be an employee of Tompkins County with necessary funds budgeted in the County’s 2019 budget; and WHEREAS, this one-time funding is intended to demonstrate a need for Mental Health Court in Tompkins County to leverage future ongoing funding from the New York State Office of Court Administration; now, therefore be it RESOLVED, That Common Council hereby authorizes and directs the City Controller to make the following appropriation to the 2019 Authorized Budget: Decrease: Appropriation Account A1990 Restricted Contingency $25,000 Increase: Appropriation Account A1010-5435 Legislative Contracts $25,000 for the purpose of transferring said funds to Tompkins County to provide funding assistance for the Mental Health Court Resource Coordinator. Carried Unanimously 8.11 Ithaca Fire Department (IFD) Award of Bid for Protective Jacket and Pants - Resolution By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, bids were received and opened on December 11, 2018, and reviewed by staff for the 2018 Fire Department Protective Jacket and Pants; and WHEREAS, staff recommends that the low bid of $2,119 per set of Jacket and Pants from Halo First Responder Products, Elmira, New York be accepted; now, therefore be it RESOLVED, That Common Council hereby accepts staff’s recommendation and awards the bid for the 2018 Fire Department Protective Jacket and Pants to Halo First Responder Products, Elmira, New York for their low bid meeting specifications; and, be it further RESOLVED, That Common Council hereby authorizes the Fire Chief to enter an agreement for said acquisition. Carried Unanimously January 2, 2019 5 8.12 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 181 Entitled “Fire Prevention”, Section 9(E) entitled “Operating Permits for Certain Uses and Materials; fees, to add a new subsection (14) entitled “Administration and Enforcement of State Parking Garage Code Standards” and Section 181-18, entitled “Condition Assessments of Parking Garages” By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, Executive Law, Section 381 directs the NYS Secretary of State to promulgate rules and regulations prescribing the minimum standards for administration and enforcement of the uniform fire prevention and building code and the state energy conservation construction code, and requires every local government to administer an d enforce the uniform fire prevention and building code and state energy conservation construction code unless such local government has specifically opted out as prescribed by state law; and WHEREAS, the Secretary of State regulations are codified in Title 19, Chapter XXXII, requiring every city charged with administration and enforcement to provide for such features as described in 19 NYCRR 1203.3 by enacting local law, ordinance, or other appropriate regulation; and WHEREAS, the New York State Department of State recently amended its regulations to include a new section entitled “Condition Assessments of Parking Garages”; and WHEREAS, the recent regulation amendments require municipalities to establish a code enforcement program for parking garages meeting the criteria and features specified in 19 NYCRR 1203.3; now, therefore Ordinance No. ____-2019 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. Maintaining safe parking garages is a priority for the City. B. The City has elected to administer and enforce the uniform fire prevention and building code and state energy conservation construction code, and by the amended regulations, is now required to implement an enforcement program for inspection of parking garages. C. Therefore, the Common Council intends for this ordinance to implement the above-described enforcement program for inspection of parking garages. Section 2. Amendment of Section 181-9, Operating permits for certain uses and materials; fees. The Ithaca Municipal Code shall be amended so as to create, at the end of §181-9(E), a new subsection (14) as follows: (14) Parking Garages as defined in §181-18(A); (a) An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the operation of a Parking Garage prior to such operation. (b) The Chief of the Fire Department or the Fire Marshal may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring; [1] the submittal of plans and/or specifications for such structure; [2] initial condition assessments; [3] periodic condition assessments; and [4] the installation and/or testing records for fire protection equipment or systems in use of said structure. January 2, 2019 6 (c) Upon receipt of such application, the Chief of the Fire Department or the Fire Marshal shall cause the Parking Garage to be inspected for compliance with the Uniform Fire Prevention and Building Code of New York State. (d) No permit for a Parking Garage shall be granted if, in the opinion of the Chief of the Fire Department or the Fire Marshal, such structure is not in compliance with the Uniform Fire Prevention and Building Code. (e) An operating permit for an area of Parking Garage shall be effective for a period not to exceed three (3) years. An application for renewal must be made prior to the expiration of the current permit. (f) An operating permit for a Parking Garage may be suspended or revoked if, in the opinion of the Chief of the Fire Department or the Fire Marshal, there is a violation of the Uniform Fire Prevention Code of New York State resulting in immediate danger to the life or health of occupants thereof. (g) Fees for an operating permit for Parking Garages or for renewal of such permit shall be established by the Chief of the Department, according to § 181-9F of this article. Section 3. Creation of Section 181-18, Condition Assessments of Parking Garages. The Ithaca Municipal Code shall be amended so as to create a new Section 181-18 as follows: § 181-18 Condition Assessments of Parking Garages A. Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: a. buildings in which the only level used for parking or storage of motor vehicles is on grade; b. an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and c. a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, January 2, 2019 7 or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the 2015 edition of the International Property Maintenance Code (or publication currently incorporated by reference in 19 NYCRR Part 1226); and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. B. Condition Assessments – general requirements. The owner-operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (C) of this section, periodic condition assessments as described in subdivision (D) of this section, and such additional condition assessments as may be required under subdivision (E) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Chief of the Fire Department in accordance with the requirements of subdivision (F) of this subsection. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. C. Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy, certificate of compliance, or operating permit being issued for the structure, (2) Existing parking garages shall undergo an initial condition assessment as follows: a. if originally constructed prior to January 1, 1984, then prior to October 1, 2019 b. if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and c. if originally constructed between January 1, 2003 and the effective date of the rule adding this subdivision to 19 NYCRR section 1203.3, then prior to October 1, 2021. D. Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. E. Additional Condition Assessments. January 2, 2019 8 (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (C) of this section, the Chief of the Fire Department or their designee shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Chief of the Fire Department or the Fire Marshal become aware of any new or increased deterioration which, in the judgment of the Chief of the Fire Department or Fire Marshal, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (C) of this section, the Chief of the Fire Department or Fire Marshal shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Chief of the Fire Department or Fire Marshal to be appropriate. F. Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Chief of the Fire Department within thirty (30) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports January 2, 2019 9 while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment. G. Review Condition Assessment Reports. (1) The Chief of the Fire Department or Fire Marshal shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Chief of the Fire Department or Fire Marshal shall, by Order to Remedy or such other means of enforcement as the Chief of the Fire Department or Fire Marshal may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (F) of this subsection. (2) The Chief of the Fire Department shall forward all condition assessment reports and other pertinent information that may indicate an unsafe building or structure to the Director of Planning and Development. (3) The Director of Planning and Development or designee shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from an Unsafe Structure. In particular, but not by way of limitation, the Director of Planning and Development or designee shall, by Order of Remedy or such other means of enforcement, require the owner or operator of the parking garage to limit or prohibit occupancy of an unsafe parking garage. (4) All repairs and remedies shall comply with the applicable provisions of the Uniform Code and the Code of the City of Ithaca, including but not limited to the provisions of City Code §146-5 “Building permits.” (5) This section shall not limit or impair the right of the Chief of the Fire Department to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. (6) This section shall not limit or impair the right of the Director of Planning and Development or their designee to take any other enforcement action or actions related to an Unsafe Structure as regulated under Chapter 146 of the City Code. H. The City of Ithaca shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Ithaca Fire Department with a written statement attesting to the fact that he or she has been so engaged, the City of Ithaca shall make the previously prepared condition assessment reports for such parking garage (or copies of January 2, 2019 10 such reports) available to such professional engineer. The City of Ithaca shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. I. This section shall not limit or impair the right or the obligation of the City of Ithaca: (1) to perform such construction inspections as are required by §146-6 “Construction inspections”; (2) to perform such periodic fire safety and property maintenance inspections as are required by §181-16 of this Chapter, entitled “Fire safety and property maintenance inspections”; and (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Chief of the Fire Department by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. Section 4. Severability clause. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective date. This ordinance shall take effect immediately upon publication as provided in the City Charter. Carried Unanimously CITY ADMINISTRATION COMMITTEE: 9.1 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund” By Alderperson Kerslick: Seconded by Alderperson Gearhart WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common Council relevant to the Fire Department” that provide Common Council authority over taxes collected from insurance companies for the benefit of the City’s fire companies under New York Insurance Law (“two percent moneys”) and for the administration of two Relief Funds; and WHEREAS, earlier this year, the City Administration Committee requested that staff develop proposed amendments to the little-used Relief Funds established in § C-94; and WHEREAS, a group of City representatives met with the Veteran Volunteer Firemen's Association of Ithaca, after which that organization requested the distribution to that organization of the funds currently held by the City in the Veteran Volunteer Firemen’s Relief Fund; and WHEREAS, the Fire Chief recommends the transition represented by this Local Law because both existing Relief Funds as provided in the Charter are rarely used, and such utility as served by those Funds in decades past has largely been supplanted by modernized coverage for firefighter injuries, both professional and volunteer; and WHEREAS, State law provides a standard legal framework pursuant to which two percent moneys are to be distributed to firefighters within localities across the state; and WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the standard framework in order to fund the Relief Funds and make the Charter-specified distributions therefrom; and January 2, 2019 11 WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of the powers and duties contained therein, and transfer the balance remaining in the funds established under § C-94 as set forth below; now, therefore LOCAL LAW 2019-___ BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from foreign and alien insurers and distributes such funds pursuant to the provisions of New York Insurance Law and City Charter § C-94. 2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes a portion of the above-described moneys collected under New York Insurance Law to such fund. 3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund, which the City administers and holds in trust for the benefit of the Veteran Volunteer Firemen's Association of Ithaca. 4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the future, to distribute funds collected under New York Insurance Law §§ 9104 and 9105 to the fire companies of the City of Ithaca pursuant to the provisions of the New York Insurance Law. 5. The Common Council finds it further beneficial to transfer the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of Ithaca and to distribute the balance of the Active Firemen’s Relief Fund pursuant to the provisions of the New York Insurance Law. Based upon the above findings, the intent and purpose of this Local Law is to transfer the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of Ithaca, amend the City Charter to repeal § C-94, and distribute the balance of the Active Firemen’s Relief Fund pursuant to New York Insurance Law §§ 9104 and 9105. Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of Ithaca. The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferred to the Veteran Volunteer Firemen's Association of Ithaca. Section 3. Repeal of City Charter § C-94. City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire Department,” is hereby repealed in its entirety. Section 4. Distribution of the balance of the Active Firemen’s Relief Fund pursuant to the New York Insurance Law. The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire companies of the City of Ithaca pursuant to the provisions of New York Insurance Law §§ 9104 and 9105. Section 5. Severability clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 6. Effective date. This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of State. January 2, 2019 12 Alderperson Mohlenhoff recused herself from the discussion and vote as her spouse is the Treasurer of the Veteran Volunteer Fireman Association. Alderperson Brock stated that there is a long history to this legislation and it’s original intention has evolved into something quite different through the years. She voiced her appreciation of how this issue has highlighted the functions of the volunteer fire company. She noted that it is a dangerous profession and acknowledged the hard work, training and expertise of the volunteers, including their efforts to recruit new members. She shared her belief that it is the role of the city budget to train and outfit volunteers. With a high level of regard and appreciation, she expressed her thanks but acknowledged that the proposed legislative change is equitable and in-line with how the other municipalities in New York State distribute 2% monies. She voiced her belief that the career fire fighters will have the dedication and spirit of collaboration to work with the volunteers and the Veterans Association to fund any needs. Alderperson McGonigal echoed the comments made by Alderperson Brock and noted that he would have preferred to defer this action. He acknowledged the good people who serve as volunteer fire fighters and noted that the Fire Chief has committed to support the volunteer company. Alderperson Gearhart expressed his thanks to the volunteer fire fighters for their contribution to the City and noted that he would like to see the city to assist with the volunteer recruitment effort. Alderperson Kerlick thanked the volunteer company for their efforts in educating Common Council on this issue. A roll call vote on the Resolution 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 - Recusal Alderperson Lewis – Aye Carried 9-0-1 Recusal (1) Mohlenhoff 9.2 A Resolution Authorizing the Issuance of $12,077,400 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said City 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 $12,077,400 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefor, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, January 2, 2019 13 machinery, apparatus, appurtenances, furnishings and expenses in connection therewith, are as follows: a) Planning and design costs for the ice jam effluent piping from the Wastewater Treatment Plant to Cascadilla and Fall Creeks, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2 nd) of paragraph a of Section 11.00 of the Local Finance Law; b) Construction of improvements to Hector Street, consisting of sidewalks and an uphill bikeway along Route 79, at a maximum estimated cost of $2,104,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $2,104,000 of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 90, based on subdivisions 19(c) and 24 of paragraph a of Section 11.00 of the Local Finance Law; c) Planning and design costs for Stewart Avenue reconstruction, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; d) Purchase of traffic signal wireless communication equipment, for said City, at a maximum estimated cost of $86,700. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $86,700 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law; e) Preparation of a transportation plan, for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; f) Purchase of buses and improvements to passenger facilities and related transit hardware and software, in and for said City, at a maximum estimated cost of $158,100. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $158,100 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law, based upon subdivisions 12(a), 29 and 108 thereof, being additional capital projects beyond the scope of the authorizing bond resolutions dated and duly adopted on January 4, 2017 for $153,700 and January 3, 2018 for $155,000; g) Reconstruction of City cemetery vaults, in and for said City, at a maximum estimated cost of $76,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $76,500 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. January 2, 2019 14 It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; h) Construction of improvements to and reconstruction of various City buildings and facilities, in and for said City, at a maximum estimated cost of $235,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $235,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; i) Construction of improvements to and replacement of the skylights in the Youth Bureau Building, in and for said City, at a maximum estimated cost of $58,700. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $58,700 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; j) Resurfacing of Cass Park tennis courts, in and for said City, at a maximum estimated cost of $77,600. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $77,600 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; k) Construction of improvements to and reconstruction of Hangar Theatre Building, in and for said City, consisting of site demolition, building improvements, parking lot improvements and storm drainage improvements, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; l) Purchase of an aerial/platform truck for the Fire Department, for said City, at a maximum estimated cost of $1,326,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,326,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; m) The purchase of equipment for various departments, at an aggregate maximum estimated cost of $635,700, allocated as follows: (i) Purchase of equipment for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $322,400. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $322,400 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; (ii) Purchase of a 12-passenger bus with wheelchair lift, for said City, at a maximum estimated cost of $66,300. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $66,300 bonds of the January 2, 2019 15 $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and (iii) Purchase of police vehicles to replace those in service for one year or more, for said City, at a maximum estimated cost of $247,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $247,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; n) Improvements to the Giles Street solids residual handling facility, for said City, at a maximum estimated cost of $424,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $424,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; o) Reconstruction of the College Avenue sanitary sewer mains, consisting of approximately 1,350 linear feet of 8” sewer main on College Avenue from Dryden Road to Mitchell Street, in and for said City, at a maximum estimated cost of $449,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $449,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; p) Reconstruction of the College Avenue water mains, consisting of approximately 1,450 linear feet of 8” sewer main on College Avenue from Dryden Road to Mitchell Street, in and for said City, at a maximum estimated cost of $520,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $520,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; q) Planning and design costs for the roof replacement at 600 Franklin Street Water and Sewer System Maintenance Building, in and for said City, at a maximum estimated cost of $255,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $255,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; r) Improvements to the Vinegar Hill Pump Station, in and for said City, at a maximum estimated cost of $81,600. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $81,600 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; s) The purchase of equipment for the Water and Sewer Departments for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $295,500. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $295,500 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of January 2, 2019 16 the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; t) Planning and design costs for pedestrian safety improvements, in and for said City, at a maximum estimated cost of $590,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $590,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; u) Planning and design costs and implementation of dredging and installation of a sediment trap for Cascadilla Creek, in and for said City, at a maximum estimated cost of $2,000,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $2,000,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law; v) Design and construction of new playground at Stewart Park, in and for said City, at a maximum estimated cost of $1,000,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,000,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; and w) Design and construction of the Black Diamond Trail Bridge over the Floo d Control Channel, in and for said City, at a maximum estimated cost of $1,500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,500,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $12,077,400, and the plan for the financing thereof is by the issuance of the $12,077,400 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each stated in Section 1 hereof; provided, however, that the amount of serial bonds will be reduced by any Federal or State grants-in-aid received therefor, including as specifically provided herein. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and January 2, 2019 17 sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. January 2, 2019 18 A roll call vote on the Resolution 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 9.3 A Resolution Authorizing the Issuance of an Additional $3,735,600 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Reconstruction of East State Street/MLK, Jr. Street Retaining Wall, in and for said City By Alderperson Mohlenhoff: Seconded by Alderperson Smith WHEREAS, by a bond resolution heretofore adopted on January 4, 2017, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $816,400 bonds of said City to pay design costs for the construction of the East State Street/MLK Jr. Street Retaining Wall, in and for said City, and determined that the period of probable usefulness thereof was five years, as a financing for the planning for the capital project; and WHEREAS, it has now been determined that such authorization shall include the costs of the capital project itself and that it is in the financial interest of said City to amortize the serial bonds for a period in excess of five years, the period of probable usefulness of said specific object or purpose being 15 years in accordance with the applicable provision of the Local Finance Law, and it being so determined by applicable engineering professionals; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to amend such bond resolution accordingly and authorize the additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the reconstruction of the East State Street/MLK Jr. Street Retaining Wall, including incidental improvements and expenses, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $3,735,600 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $4,552,000. Section 2. The plan for the financing of such $4,552,000 maximum estimated cost is as follows: a) By the issuance of the $816,400 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; and b) By the issuance of the additional $3,735,600 bonds of said City herein authorized for said specific object or purpose; provided, however, that the amount of obligations ultimately to be issued for said specific object or purpose will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law, computed from February 15, 2018, and January 2, 2019 19 the period of probable usefulness of the bonds heretofore authorized for the design costs thereof is hereby increased to 15 years, pursuant to said subdivision 35. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. January 2, 2019 20 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 on the Resolution 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 Authorizing the Issuance of an Additional $225,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Roof Replacement at the Stewart Park Pavilion, in and for Said City 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 roof replacement at the Stewart Park Pavilion, in and for the City of Ithaca, Tompkins County, New York, including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $225,000 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $712,000. Section 2. The plan for the financing of such $712,000 maximum estimated cost is as follows: a) By the issuance of the $255,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated December 4, 2013; b) By the issuance of the $181,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; c) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and d) By the issuance of the additional $225,000 bonds of said City herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued for each phase thereof. January 2, 2019 21 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 2, 2019 22 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 on the Resolution 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 Resolution Authorizing the Issuance of an Additional $51,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Construction of Traffic Calming Measures in and for Said City 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 ofthe total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the construction of traffic calming measures, including incidental signage, on various City streets, in and for the City of Ithaca, Tompkins County, New York, and including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $51,000 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $153,000. Section 2. The plan for the financing of such $153,000 maximum estimated cost is as follows: a) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; b) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and c) By the issuance of the additional $51,000 bonds of said City herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued therefor. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. January 2, 2019 23 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 2, 2019 24 A roll call vote on the Resolution resulted as follows: Alderperson Brock - Aye Alderperson McGonigal - Nay 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 9-1 9.6 A Resolution Authorizing the Issuance of an Additional $7,190,000 Bonds of the City of Ithaca, Tompkins County, New York to Pay Part of the City’s Share of Improvements at the Ithaca Area Wastewater Treatment Facility, in and for Said City. By Alderperson Mohlenhoff: Seconded by Alderperson Brock WHEREAS, by a bond resolution heretofore adopted on January 3, 2018, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $434,175 bonds of said City to pay the City’s share of the cost of the final design engineering services for improvements at the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), in and for said City, and determined that the period of probable usefulness thereof was five years, as a financing for the planning for the capital project of such remediation; and WHEREAS, it has now been determined that such authorization shall include the costs of the capital project itself and that it is in the financial interest of said City to amortize the serial bonds for a period in excess of five years, the period of probable usefulness of said specific object or purpose being 40 years in accordance with the applicable provision of the Local Finance Law; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to amend such bond resolution accordingly and authorize the additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the City’s share of the cost of improvements to the Ithaca Area Wastewater Treatment Facility, including grit system improvements, concrete restoration, influent building improvements, stair tower replacement, site work, chemical unloading area improvements, vac-truck pad, weirs, doors and other structural improvements, and incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $7,190,000 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $7,624,175. Section 2. The plan for the financing of such $7,624,175 maximum estimated cost is as follows: a) By the issuance of the $434,175 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and b) By the issuance of the additional $7,190,000 bonds of said City herein authorized for said specific object or purpose; provided, however, that the amount of obligations ultimately to be issued for 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 40 years, pursuant to subdivision 4 of paragraph January 2, 2019 25 a of Section 11.00 of the Local Finance Law, computed from February 15, 2018, and the period of probable usefulness of the bonds heretofore authorized for the final design engineering services thereof is hereby increased to 40 years, pursuant to said subdivision 4. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no January 2, 2019 26 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 on the Resolution 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 City Controller’s Report: City Controller Thayer reported on the following:  Year-end activity is ongoing, and they are opening the new fiscal year.  The Payroll Coordinator position is in the process of being filled.  The City is being re-rated by Moody’s due to issuance of the new bonds. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Local Landmark Designation of the Former Delaware, Lackawana & Western Railroad Station at 701 West Seneca Street – Resolution By Alderperson Murtagh: Seconded by Alderperson Brock WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of structures or resources as individual landmarks and historic districts within the city; and WHEREAS, on November 13, 2018, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the former Delaware, Lackawanna & Western Railroad Station at 701 E. Seneca St. as a local landmark; and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review; and WHEREAS, the ILPC found that the proposal meets criteria 1, 3, and 4 defining a “Local Landmark,” under Section 228-3B of the Municipal Code and on November 13, 2018, voted to recommend the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St.; and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning and Development Board filed a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved; and WHEREAS, the Planning Board's report was adopted by resolution at the meeting held on November 27, 2018, has been reviewed by the Common Council; and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore be it RESOLVED, That Common Council concurs with the findings presented in the Planning and Development Board report, and finds that the proposed designation is compatible with and will not conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; and, be it further January 2, 2019 27 RESOLVED, That Common Council concurs with the findings of the Ithaca Landmarks Preservation Commission and finds the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. meets criteria for local designation, as set forth in the Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. Embodying the distinguishing characteristics of an architectural style 3. is the work of a designer whose work has significantly influenced and age; or RESOLVED, That Common Council approves the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. and the adjacent areas that are identified as tax parcel #73.-5-2.1 as a local landmark. Alderperson Murtagh noted that there is a lot of community support for the historic designation of this property. He stated that Common Council had an opportunity to tour the building, and he is proud to support this Resolution as he believes that the building meets the criteria of the designation. Alderperson Lewis thanked Historic Preservation Planner McCracken for the materials he presented in this effort, and for the tour of the building. She voiced her support for this Resolution. A vote on the Resolution resulted as follows: Carried Unanimously 10.2 2019 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution By Alderperson Murtagh: Seconded by Alderperson Smith WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them; and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review; and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency for the years of 2015, 2016, 2017 and 2018; and January 2, 2019 28 WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2019; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. Carried Unanimously 10.3 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3 A. Declaration of Lead Agency – Resolution By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amending the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca tax parcels 70.-7-1, 70.- 7-2, and 70.-7-3. Carried Unanimously 10.3B Declaration of Environmental Significance - Resolution By Alderperson Murtagh: Seconded by Alderperson Lewis WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district boundaries of the B-1a and B-2d Zoning Districts, tax parcels 70.-7-1, 70.-7-2, and 70.- 7-3; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated December 7, 2018; and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated December 7, 2018; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further January 2, 2019 29 RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. Carried Unanimously 10.3C Adoption of Ordinance An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3 By Alderperson Murtagh: Seconded by Alderperson Smith ORDINANCE NO. 2019- ____ BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from B-1a to B-2d for the following tax parcels: 70.-7-1, 70.-7-2, and 70.-7- 3. The boundaries are shown on the attached map entitled “Proposed West Green Street Zoning Amendment,” dated November 7, 2018. Section 3. Severability Clause is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Alderperson Murtagh explained that the three parcels affected by this legislation are located on the corner of Geneva and West Green Streets, across from Press Bay Alley. He noted that someone is interested in opening a bookstore in the basement of one of the buildings, but the current zoning does not allow retail activity. This is a transitional area between the commercial and residential districts and is also located in the Henry St. John Historic District. The parcels are far enough away from the central business district, so the Planning and Development Division has recommended that it be rezoned B-2d. The B-2d designation does not allow bars or restaurant activity. A vote on the Ordinance resulted as follows: Carried Unanimously NEW BUSINESS: Mayor Myrick’s 2019 State of City address: “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.’ I am happy to report to you that the state of the City is strong. In an increasingly turbulent world, our small city continues to thrive and shine. Our residents have proven to be resilient, and our staff have proven to be brilliant. In 2018 we have many examples of that resilience: After years of budget deficits and property tax rate increases, we’re finally running budget surpluses and have decreased the tax rate in three of the last five years. Our sales tax receipts increased – a testament to our entrepreneurs’ taking smart risks, our small business owners’ identifying and meeting demands, and our smart planning to meet this moment. January 2, 2019 30 Our economy has become the envy of communities all over Upstate. Crime is down over the last six years, the percentage of property in the city that is tax exempt continues to decrease, and people of all stripes – homeowners, developers and renters – continue to invest in every neighborhood in the City. We’ve built a brand new water treatment facility, a new Commons, miles of new sidewalk and bridges. We worked with the County to secure funding for the expansion of our airport, and the removal of the DOT site from our waterfront, which will pave the way for more people to live near the lake. Our Youth employment service placed 182 teens in subsidized jobs, working a combined total of over 21,000 hours and earning over $220,000. 45 YES teens were hired by private employers in the community as a result of YES services. There are many people to thank for this success. Dozens of volunteers on our boards and commissions, the hundreds of staff in the City and the ten people on this council. Too many to name in any one speech. But I’d like to name ten: The Department Heads of the City of Ithaca. Leslyn McBean-Clairborne – GIAC Director  Leslyn’s clear eyed, big hearted, no nonsense leadership of GIAC continues to lead to incredible results and a sense of community unity that should be the envy of neighborhoods everywhere.  In 2018 they set records, serving 800 area young people and their families. And the senior program served 170 senior citizens, an amazing 20 percent increase. Liz Klohmann – Youth Bureau Director  Liz’s inclusive and compassionate leadership style makes every member of the Youth Bureau community – staff, the program participants, and their families – feel like they are in charge of the IYB. She models a deeply empathetic approach that has led to incredible results.  33 Brand new matches made in Big Brothers/ Big Sisters for a total of 96 matches and more than 8,000 total match hours.  Big Brothers/ Big Sisters was a recipient of My Brother’s Keeper grant money and joined the MBK initiative in Ithaca. Partnerships were formed and strengthened with many Cornell groups, such as Ujaama, Black Students United, Alpha Phi Alpha and Omega Psi Phi. Eighteen new matches between children and adults of color were made. Ari Lavine – City Attorney  A fiercely smart, and smartly fierce attorney – there is no one you’d rather have on your side. It is partly a shame that one of the ways his job works, is that if he is doing it well – as he always is – the public will never know just the scale of the disasters he avoids. Council knows some of what the City Attorney’s Office – under Ari’s leadership – accomplishes. The lawsuits won, the lawsuits avoided, and the brilliant legal strategies that balance the scales.  Obtained multi-million dollar commitment from NYSEG to underground utilities on College Ave.  Led task force and executed legislation increasing the Stormwater User Fee.  Negotiated Ezra's Tunnel MOU through execution.  Coordinated Green Street inter-city bus fees and associated legal issues.  Supported efforts to reduce ~$700,000 price for purchase of streetlights from NYSEG. January 2, 2019 31 Chief Tom Parsons – Ithaca Fire Department  The Chief is someone with an encyclopedic knowledge about fire-fighting. His deep expertise has led him to a firm commitment that the best way to fight fires is to prevent fires. The Chief continues to bring excellent leadership on this front – including in 2018 adopting and enforcing regulations for food trucks.  The Chief’s knowledge isn’t limited to firefighting though. Tom knows everything about some things, and something about everything. And his compassion runs as deep. That was why he was the perfect person to lead the task force on the Jungle that is considering all options in 2019 for how to increase safety and decrease suffering for the homeless population. Julie Holcomb – City Clerk and Director of Public Information and Technology  No one knows more about the City of Ithaca and its government than Julie Holcomb. And no one else serves as effectively as the glue that holds the many diverse and varied departments in the City together. From her work on special events – to the staffing and supporting of many meetings – Julie is an all-purpose fixer.  Which fits her role. Julie is one of the three department heads that we asked to lead a merged department. And she has performed above the call of duty in a department that is crucially important, mostly because of the support it provides to the other departments and outside agencies. Upgrading equipment, modernizing the City’s communications, and onboarding the new public information position in 2018 will continue to pay dividends.  Julie hired and trained our new Public Information Specialist. They launched numerous public education campaigns (E. State Street sewer replacement project; “I learned about my City” presentation for summer students; Swift911; bus station relocation; etc.) Steve Thayer – City Controller and Director of the Finance Department  Steve is perhaps the hardest working city employee. He is as relentless as he is steady. Steve is one of the first to arrive in the morning and one of the last to leave at night.  Always helpful to his fellow departments and never wavering in his commitment to both deliver for City employees and for his fellow city residents – Steve’s voice is the leading reason why the City’s fiscal position has seen such a remarkable turnaround. Schelley Michell- Nunn – Director of Human Resources  Schelley has an unwavering commitment to developing a diverse team in the City of Ithaca. That is because she knows this truth: that the more diverse a workforce we have, the more resilient a workforce we will have. Diversity and inclusion is not just a nice thing – it is a source of our strength and success. Under her leadership in 2018, the HR Department  Designed and delivered Equity and Inclusion training to the four Commissions  Identified and secured a new EAP provider at one third the cost of the current provider with more expansive services  Proposed and received approval for a fair and equitable management compensation plan for 2019  Implemented a successful partnership with Cornell University Johnson Business School to offer Cornell expertise and knowledge to the City workforce, LEADBold offers monthly workshops and an opportunity to receive a certificate  Collaborated with IYB to rewrite Background Investigation Policy and Procedures for seasonal staff  Online application program fully implemented – currently application rate is 77% online January 2, 2019 32 JoAnn Cornish – Director of Planning, Building and Economic Development  I believe that when the history of the City of Ithaca is written, JoAnn Cornish will stand astride the pages of the text like a titan. She is one of the department heads who was asked to lead a merged department – and has done an incredible job of merging cultures while driving the city towards a smart growth, infill model that has led to a healthy economy and a more sustainable future. Among the successes in 2018:  Coordinated the review of 29 development projects equaling $192 million in investment, 98 housing units, of which 12 are affordable, and 37,278 SF of Commercial Space  Completed construction and sale of two Habitat for Humanity homes at 208-210 Third Street  Completed rehabilitation of 98 affordable INHS rental housing units at scattered sites  Completed the 210 Hancock Street project providing 59 affordable rental units and 7 for-sale homes.  Delivered loan assistance to INHS to rehabilitate and reconstruct 29 affordable rental housing units at scattered sites Mike Thorne – Superintendent of the Department of Public Works  Has brought a thoughtful – some would even say brainy – analytical and professional leadership to the Department of Public Works. He is a systems thinker, but practical enough to know how to get work done on the ground.  Mike’s rethinking of the department’s budget and reformation of our organization has led to successful innovations like the stormwater district, the sidewalk improvement district, and the recently improved doubling of our street crew and the addition of a new water and sewer crew. Chief Pete Tyler – Ithaca Police Department  Chief Tyler has among the most serious jobs in the City – and his jocular easy- going demeanor belies just how seriously he takes it. He knows that the Department is what keeps our city safe. The Chief would like more officers, and the police union would like a contract – we’re working through difficult but fruitful negotiations right now – but the IPD continues to deliver community-oriented policing.  Not only is the crime rate falling, but their outreach was evidenced this year by nothing more so than their tactful outreach to the Jewish community of Ithaca following the anti-Semitic Tree of Life shootings in Pittsburgh. IPD’s professionalism and diligence, as well as their compassion, was noticed and appreciated. They’ve fought to make positive things happen for the people of this City – and they’ve done it on a shoe-string budget. They work together – not always without arguments. They are passionate about their work, and when a group of passionate dedicated people decide to work as a team, you can expect some minor conflicts. Dan Cogan, our fearless Chief of Staff, has helped steer the group through discord and disagreement and get the best out of each and every department. We’ve developed a mind meld over the last two years – something that is not easy with a mind like mine – and the steadiness of his character and brilliance of his work have helped our organization reach higher heights. January 2, 2019 33 All these people are fighting, not just for excellent results, but for more equitable results. They understand that too often the game is rigged for the wealthiest, but in ways big and small they fight to help tip the scales and make it easier for average people and normal families to live in the City of Ithaca. So - the sun is shining on the City of Ithaca. It’s not time to celebrate – it’s time to make hay. That axiom – to make hay while the sun shines – is not just an encouragement about striking while the iron is hot. (Please forgive the mixed metaphor.) It’s not just about taking advantage of opportunity. It’s about recognizing that not all our days will be sunny. That the turbulence that surrounds our City could also disrupt it. Wild fluctuations of the stock market in 2018 should concern us all. They remind me of the bounces we saw in 2008 that preceded the worst recession in generations – and necessitated a belt tightening effort in the City of Ithaca that our infrastructure and personnel are only now recovering from. Climate change is accelerating, which is threatening lives, damaging property and destroying entire economies. And our federal government is not just failing to act – it’s actively taking us backwards. That’s because we have a regressive, unstable President leading a radically conservative and largely incompetent administration. An administration that has allowed the federal government to shut down three times in the last year. Closer to home, our state, and our state government, are both poised for a fascinating eventful year. Among the many reforms we might expect out of Albany this year, a number will have a direct bearing on our lives here in Ithaca. If the Governor approves overdose prevention sites, we should be prepared to use this innovation to save the lives of the most vulnerable opiate users in our community. With a more representative state senate than we’ve seen in decades, we should prepare to fight for long overdue changes in the New York State budget. We will fight, through associations like NYCOM, for changes to increase the state aid that municipalities receive, increase CHIPS highway funding to fill potholes, and to adjust the formula for aid so that cities like ours that are disproportionately impacted by tax- exempt non-profits would get a more fair deal. Also, at the state level, the legalization of marijuana would bring enormous benefits and opportunities for the City. From tax receipts to the diminishment of unsafe underground economies, we should be prepared to capitalize on this newly regulated industry, while being aware of the pitfalls and injustices that could come from a completely unregulated approach. And there is the distinct possibility that the State will join in an unprecedented and enormous investment in Collegetown. A development that could fulfill the goals of our comprehensive plan: a more robust 365-day a year economy in Collegetown, improved infrastructure, diversity of housing and uses on East Hill and more. This kind of diversity – just like a diversified investment portfolio – could help us weather future storms. And I welcome it – with some conditions. A project of the size that we’ve heard rumored could exacerbate the most dangerous trend in the City of Ithaca today: the displacement of middle-class and poor people due to high rents and high taxes. This recognition is why Council – led by Seph Murtagh and the Planning Committee – wisely raised the standard for tax abatements in Ithaca. Now projects must include affordable housing in order to be recommended. It is also why Council and the Ithaca Urban Renewal Agency have been working to build affordable housing on site of the Green Street garage. The chosen developer will be January 2, 2019 34 working to rebuild our aging parking garage while also adding 200 units of affordable housing. We should apply this same standard to whatever large project is developed in Collegetown: First, the project should remain on the tax rolls. We already have too much tax exempt property. A new project should contribute – and in so doing should relieve the burden on everyone else. Second, the project should be attractive. For a project as large as the one we could see, Council and the Planning board will have the highest expectations for quality, thoughtful design. And third, the project should contribute to affordable housing. If not directly on site, the City should insist on a financial contribution that is not in the tens, or hundreds of thousands – but in the millions. What else:  We should build more quality affordable housing in the City  We should allow home/property owners to build accessory/infill units to offset rising property taxes and help with maintenance costs, so they can provide critically needed housing while helping people stay in their homes o But! We should develop guidelines so that infill housing compliments, rather than degrades the neighborhood.  We should codify the Green Building Code – taking the action that our federal government won’t to reduce our local emissions.  We will rebuild thousands of feet of linear sidewalk, including new sidewalk around Belle Sherman School, on Wood St, and along Elm/Chestnut  We’ll repair the draining on Hector, replace the culvert on Warren Place, rebuild Willow Avenue and Lake Street.  We’ll repave Auburn Street and West Spencer, Hook Place, Chestnut Street, and East State, MLK.  We’ll begin work to dredge Cascadilla Creek (using $2M secured by our excellent Assemblywoman Barbara Lifton). We should make hay while the sun shines. We should build a more prosperous, secure, resilient and interesting City – so that we can hand it down to the next generation. To people like Kianna, age 15, who said that our Youth Employment Service, “helped me learn more about the process of getting a job as well as offering help whenever I needed it. I was given lots of information about how to be successful on the job, and any questions I had were answered.” To people like Taylor, who said that he’s changed since having his Big Brother. “I’m no longer that crazy 8-year old who had trouble in school. I am now a smart 14-year old who has a great deal of fortune ahead of him.” For Kianna, for Taylor, and with thanks to all who work to make it this way – I am pleased to declare that the State of the City of Ithaca is strong. January 2, 2019 35 MAYOR’S APPOINTMENTS: Public Safety and Information Commission By Alderperson Smith: Seconded by Alderperson Mohlenhoff RESOLVED, That the following applicants be reappointed to the Public Safety and Information Commission with terms to expire December 31, 2020: Mike Comella Aryeal Jackson Nicholas Segerson Kenneth McLaurin ; and, be it further RESOLVED, That Robert Cantelmo be appointed to the Public Safety and Information Commission with a term to expire December 31, 2019 ; and, be it further Parks, Recreation, and Natural Resources Commission RESOLVED, That the following applicants be reappointed to the Parks, Recreation, and Natural Resources Commission with terms to expire December 31, 2020: Daniel Hoffman Tyler Moeller Thomas Shelley ; and, be it further RESOLVED, That Mickie Sanders-Jauquet be appointed to the Parks, Recreation, and Natural Areas Commission with a term to expire December 31, 2019 RESOLVED, That Hannah George be appointed to the Parks, Recreation, and Natural Resources Commission to fill a vacancy with a term to expire December 31, 2020; and be it further ; and be it further Community Life Commission RESOLVED, That Lisa Swayze be appointed as the chair for the Community Life Commission with a term to expire December 31, 2020; and, be it further RESOLVED, That the following applicants be appointed to the Community Life Commission with a term to expire December 31, 2020: Caroline Byrne Melissa Hall Rusty Keeler ; and, be it further RESOLVED, That Ishaan Bakhle be appointed to the Community Life Commission to fill a vacancy with a term to expire December 31, 2019 ; and, be it further Appointment of Mobility, Accessibility, and Transportation Commission RESOLVED, That the following applicants be reappointed to the Mobility, Accessibility, and Transportation Commission with terms to expire December 31, 2020: Sarah Brylinsky Theresa Lyczko Sarah Barden ; and, be it further January 2, 2019 36 RESOLVED, That Christopher Brouwer be appointed to the Mobility, Accessibility and Transportation Commission to fill a vacancy with a term to expire December 31, 2020. Carried Unanimously REPORTS OF COMMON COUNCIL LIAISONS: TCAT Alderperson Nguyen reported that TCAT will be making the big decision of whether to stay at their current facility or relocate outside of the city. This decision will impact all three funding partners heavily and he and Alderperson Lewis will keep Common Council updated on the status of the conversations. He noted that if the City is going to advance many of its stated goals towards sustainability, then it has to be prepared to make an investment in public transit. REPORT OF CITY ATTORNEY: Motion to Enter into Executive Session By Alderperson McGonigal: Seconded by Alderperson Nguyen RESOLVED, That Common Council enter into Executive Session to discuss potential litigation. Carried Unanimously RECONVENE: Common Council reconvened into Regular Session with no formal action taken. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 5, 2018 Common Council Meeting Minutes - Resolution By Alderperson Brock: Seconded by Alderperson Lewis RESOLVED, That the minutes of the December 5, 2018 Common Council Meeting Minutes be approved as published. Carried Unanimously ADJOURNMENT: On a motion the meeting adjourned at 7:45 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor