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HomeMy WebLinkAbout01-02-19 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, January 2, 2019, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Reports of Municipal Officials 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Superintendent of Public Works: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2019 Events – Resolution City Administration Committee: 8.2 Finance/Controller- Designation of Official Newspaper- Resolution 8.3 Finance/Controller- Collateral to Secure Deposits - Resolution 8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution 8.5 Finance/Controller- Designation of Common Council Meetings - Resolution 8.6 Finance/Controller- Designation of Official Depositories - Resolution 8.7 Common Council - Approval of 2019 Travel Policy - Resolution 8.8 Department of Public Works (DPW ) - Amendment to Personnel Roster - Resolution 8.9 Request to Release Funds from the 2019 Authorized Contingency Fund for the Tompkins Center for History & Culture - Resolution 8.10 Request to Release Funds from the 2019 Authorized Contingency Fund for the Mental Health Court Resource Coordinator - Resolution 8.11 Ithaca Fire Department (IFD) Award of Bid for Protective Jacket and Pants – Resolution Common Council Meeting Agenda January 2, 2019 Page 2 8. CONSENT AGENDA ITEMS (Continued): City Administration Committee: 8.12 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 181 Entitled “Fire Prevention”, Section 9(E) entitled “Operating Permits for Certain Uses and Materials; fees, to add a new subsection (14) entitled ”Administration and Enforcement of State Parking Garage Code Standards” Section 181-18 entitled “Condition Assessments of Parking Garages”. 9. CITY ADMINISTRATION COMMITTEE: 9.1 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund” 9.2 A Resolution Authorizing the Issuance of $12,077,400 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said City 9.3 A Resolution Authorizing the Issuance of an Additional $3,735,600 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Reconstruction of East State Street/MLK, Jr. Street Retaining Wall, in and for said City 9.4 A Resolution Authorizing the Issuance of an Additional $225,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Roof Replacement at the Stewart Park Pavilion, in and for Said City 9.5 A Resolution Authorizing the Issuance of an Additional $51,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Construction of Traffic Calming Measures in and for Said City 9.6 A Resolution Authorizing the Issuance of an Additional $7,190,000 Bonds of the City of Ithaca, Tompkins County, New York to Pay Part of the City’s Share of Improvements at the Ithaca Area Wastewater Treatment Facility, in and for Said City. 9.7 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Local Landmark Designation of the Former Delaware, Lackawana & Western Railroad Station at 701 West Seneca Street – Resolution 10.2 2019 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution Common Council Meeting Agenda January 2, 2019 Page 3 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Continued): 10.3 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3 A. Declaration of Lead Agency – Resolution B. Declaration of Environmental Significance – Resolution C. Adoption of Ordinance 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Re-appointments to the Commissions 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the December 5, 2018 Common Council Meeting Minutes – Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. Out of consideration for the health of other individuals, please refrain from using perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: December 27, 2018 8. CONSENT AGENDA ITEMS: Superintendent of Public Works: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2019 Events – Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their special events for 2019; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during their special events between the dates of January 1 to December 31, 2019; and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. 8. CONSENT AGENDA ITEMS (Continued): City Administration Committee: 8.2 Finance/Controller- Designation of Official Newspaper- Resolution RESOLVED, That pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2019. 8.3 Finance/Controller- Collateral to Secure Deposits - Resolution RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M&T Bank as reported be approved as to form and sufficiency. 8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2019. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 8.5 Finance/Controller- Designation of Common Council Meetings - Resolution RESOLVED, That the regular meetings of the Common Council, for the year 2019, be held at 6:00 p.m., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. 8.6 Finance/Controller- Designation of Official Depositories - Resolution RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2019. 8.7 Common Council - Approval of 2019 Travel Policy - Resolution WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2019; and, be it further RESOLVED, That the cost for all events must be derived from existing 2019 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. 8.8 Department of Public Works (DPW) - Amendment to Personnel Roster - Resolution WHEREAS, the Department of Public Works, Streets and Facilities Division has received funding for a new crew to perform additional road maintenance and repair work including paving, road reconstruction, stormwater repairs, and snow removal; and WHEREAS, additional supervisory capacity is needed to assist the Supervisor of Streets to train new personnel and direct additional road-related maintenance and repair activities; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Assistant Supervisor of Streets ; and, be it further RESOLVED, That the position of Assistant Supervisor of Streets shall be assigned to the CSEA DPW Unit Compensation Plan at salary grade 9; and, be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for the Assistant Supervisor of Streets position shall be established at eight (8) hours per day (forty (40) hours per week); and, be it further RESOLVED, That the above changes shall be funded 67.5% from Account A5111-115 (Maintenance of Roads – Hourly Full-Time) and 32.5% from Account SD8141-115 (Storm Sewers – Hourly Full-Time). CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E., Superintendent Telephone: 607/274-6531 Fax: 607/274-6587 “An Equal Opportunity Employer with a commitment to workforce diversification.” TO: Common Council FROM: Michael J. Thorne, P.E. Superintendent of Public Works DATE: December 12, 2018 RE: Assistant Supervisor of Streets Position for Department of Public Works Dear Council Members, As you are aware, the 2019 budget includes funding for seven (7) additional positions in the Streets and Facilities division of the Department of Public Works to perform additional street and stormwater maintenance and repair work. Currently, the highway group in the Streets and Facilities division is led by the Supervisor of Streets, who manages five Working Supervisors and approximately 15 crew members for all road, bridge, and stormwater repair work. With seven additional crew members and an increased workload, we recognized the need for an additional supervisory position to assist the Supervisor of Streets. In our request for funding of the new crew, DPW had envisioned and budgeted for a Grade 9 level position in the CSEA DPW unit, although we hadn’t decided on a position title and duties at the time. As we started looking at the new organization in terms of workload and succession planning, we determined that an Assistant Supervisor of Streets position is needed. The Assistant Supervisor of Streets will help train new personnel, and plan, coordinate, and manage larger road and stormwater repair projects with minimal supervision from the Supervisor of Streets. Funding for this new position is already included within the 2019 budget, with 67.5% coming from the Highways account (A5111-115) and 32.5% coming from the Stormwater account (SD8141-115). 8.9 Request to Release Funds from the 2019 Authorized Contingency Fund for the Tompkins Center for History & Culture - Resolution WHEREAS, the Tompkins Center for History and Culture (TCHC) has requested financial support from the City toward their Capital campaign to purchase and build a new facility on the Ithaca Commons; and WHEREAS, as part of the 2019 Authorized City of Ithaca Budget, $5,000 was placed in Restricted Contingency for the purpose of providing financial support to said TCHC Capital Campaign; now, therefore be it RESOLVED, That Common Council hereby authorizes and directs the City Controller to make the following appropriation to the 2019 Authorized Budget: Decrease: Appropriation Account A1990 Restricted Contingency $5,000 Increase Appropriation Account A1210-5435 Mayor Contract $5,000 for the purpose of transferring funds to the Tompkins Center for History and Culture Capital Campaign 8.10 Request to Release Funds from the 2019 Authorized Contingency Fund for the Mental Health Court Resource Coordinator - Resolution WHEREAS, the Department of Mental Health Services, the City of Ithaca and the Ithaca City Court have agreed to partner on the creation of a Mental Health Court Resource Coordinator to serve as a liaison between the Court, treatment providers, case managers, attorneys, law enforcement, court clerks and all other relevant stakeholders on behalf of individuals diagnosed with mental health conditions or co-occurring disorders; and WHEREAS, as part of the 2019 Authorized City of Ithaca Budget, $25,000 was placed in Restricted Contingency for the purpose of providing funding assistance for the Mental Health Court Resource Coordinator; and WHEREAS, the said coordinator position will be an employee of Tompkins County with necessary funds budgeted in the County’s 2019 budget; and WHEREAS, this one-time funding is intended to demonstrate a need for Mental Health Court in Tompkins County to leverage future ongoing funding from the New York State Office of Court Administration; now, therefore be it RESOLVED, That Common Council hereby authorizes and directs the City Controller to make the following appropriation to the 2019 Authorized Budget: Decrease: Appropriation Account A1990 Restricted Contingency $25,000 Increase: Appropriation Account A1010-5435 Legislative Contracts $25,000 for the purpose of transferring said funds to Tompkins County to provide funding assistance for the Mental Health Court Resource Coordinator. Inclusion Through Diversity Memorandum To: City Administration Committee From: Frank Kruppa Public Health Director Tompkins County Re: Mental Health Court Coordinator Funding The Tompkins County Department of Mental Health Services, the City of Ithaca, and the Ithaca City Court have agreed to partner on the creation of a Mental Health Court Resource Coordinator to serve as a liaison between the Court, treatment providers, case managers, attorneys, law enforcement, court clerks and all other relevant stakeholders on behalf of individuals diagnosed with mental health conditions or co- occurring disorders. This one-time funding is intended to demonstrate a need for a Mental Health Court in Tompkins County to leverage future ongoing funding from the New York State Office of Court Administration. Revenues Tompkins County Contribution $50,000 City of Ithaca Contribution $25,000 Expenses Mental Health Court Resource Coordinator $43,153 Program Expense $10,784 Fringes $21,063 The position began a thirty day anticipated vacancy advertisement period on December 13, 2018, pending final approval of funding by Tompkins County and the City of Ithaca. Interviews will not begin until mid-January with an anticipated start date of mid-February. 8.11 Ithaca Fire Department (IFD) Award of Bid for Protective Jacket and Pants - Resolution WHEREAS, bids were received and opened on December 11, 2018, and reviewed by staff for the 2018 Fire Department Protective Jacket and Pants; and WHEREAS, staff recommends that the low bid of $2,119 per set of Jacket and Pants from Halo First Responder Products, Elmira, New York be accepted; now, therefore be it RESOLVED, That Common Council hereby accepts staff’s recommendation and awards the bid for the 2018 Fire Department Protective Jacket and Pants to Halo First Responder Products, Elmira, New York for their low bid meeting specifications; and, be it further RESOLVED, That Common Council hereby authorizes the Fire Chief to enter an agreement for said acquisition. BID TABULATION CITY OF ITHACA, NEW YORK DEPARTMENT:ITHACA FIRE DEPARTMENT BID FOR: PROTECTIVE JACKET AND PANTS FOR STRUCTURAL FIRE FIGHTING OPENING: DECEMBER 11, 2018, 2:00 PM ITEM NO.QUANTITY DESCRIPTION UNIT COST EXTENSIONS UNIT COST EXTENSIONS UNIT COST EXTENSIONS 1 1 PROTECTIVE JACKET AND PANTS FOR STRUCTURAL FIRE FIGHTING JACKET:$1,406.16 $1,461.60 $1,340.00 PANTS:$1,099.25 $923.40 $950.00 TOTAL AS A UNIT:$2,505.41 $2,385.00 $2,290.00 MANUFACTURER/MODEL GLOBE GXTREME LION FIRE DEX NOTE - SEE BID SHEET FOR ADDITIONAL ITEM (LETTERING) DELIVERY TIME 45-60 DAYS 75-90 DAYS 90 DAYS ADDENDUM NONE NONE NONE BID SECURITY N/A N/A N/A LAFRANCE EQUIPMENT 516 ERIE STREET 7 WESTCHESTER PLAZA PH (607) 733-5511 ELMIRA, NY 14904 100 ENSMINGER RD. FIRST OUT RESCUE EQUIPMENT psangen@fire-end.com FIRE-END & CROKER CORP. PH (719) 874-2428 TONAWANDA, NY 14150 PH (914) 592-3640 ELMSFORD, NY 10523 petet@firstoutrescue.comjmay@lafrance-equipment.com BID TABULATION CITY OF ITHACA, NEW YORK DEPARTMENT:ITHACA FIRE DEPARTMENT BID FOR: PROTECTIVE JACKET AND PANTS FOR STRUCTURAL FIRE FIGHTING OPENING: DECEMBER 11, 2018, 2:00 PM ITEM NO.QUANTITY DESCRIPTION UNIT COST EXTENSIONS UNIT COST EXTENSIONS UNIT COST EXTENSIONS 1 1 PROTECTIVE JACKET AND PANTS FOR STRUCTURAL FIRE FIGHTING JACKET:$1,199.00 PANTS:$920.00 TOTAL AS A UNIT:$2,119.00 MANUFACTURER/MODEL QUAKER AXIS DELIVERY TIME 75 DAYS ADDENDUM NONE BID SECURITY N/A HALO FIRST RESPONDER PRODUCTS 703 ERIE STREET ELMIRA, NY 14904 hal@halofirstresponder.com PH (607) 259-6893 8.12 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 181 Entitled “Fire Prevention”, Section 9(E) entitled “Operating Permits for Certain Uses and Materials; fees, to add a new subsection (14) entitled ”Administration and Enforcement of State Parking Garage Code Standards” and Section 181-18, entitled “Condition Assessments of Parking Garages” WHEREAS, Executive Law, Section 381 directs the NYS Secretary of State to promulgate rules and regulations prescribing the minimum standards for administration and enforcement of the uniform fire prevention and building code and the state energy conservation construction code, and requires every local government to administer and enforce the uniform fire prevention and building code and state energy conservation construction code unless such local government has specifically opted out as prescribed by state law; and WHEREAS, the Secretary of State regulations are codified in Title 19, Chapter XXXII, requiring every city charged with administration and enforcement to provide for such features as described in 19 NYCRR 1203.3 by enacting local law, ordinance, or other appropriate regulation; and WHEREAS, the New York State Department of State recently amended its regulations to include a new section entitled “Condition Assessments of Parking Garages”; and WHEREAS, the recent regulation amendments require municipalities to establish a code enforcement program for parking garages meeting the criteria and features specified in 19 NYCRR 1203.3; now, therefore Ordinance No. ____-2019 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. Maintaining safe parking garages is a priority for the City. B. The City has elected to administer and enforce the uniform fire prevention and building code and state energy conservation construction code, and by the amended regulations, is now required to implement an enforcement program for inspection of parking garages. C. Therefore, the Common Council intends for this ordinance to implement the above-described enforcement program for inspection of parking garages. Section 2. Amendment of Section 181-9, Operating permits for certain uses and materials; fees. The Ithaca Municipal Code shall be amended so as to create, at the end of §181-9(E), a new subsection (14) as follows: (14) Parking Garages as defined in §181-18(A); (a) An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the operation of a Parking Garage prior to such operation. (b) The Chief of the Fire Department or the Fire Marshal may promulgate reasonable rules and regulations for the granting of permits, including but not limited to requiring; [1] the submittal of plans and/or specifications for such structure; [2] initial condition assessments; [3] periodic condition assessments; and [4] the installation and/or testing records for fire protection equipment or systems in use of said structure. (c) Upon receipt of such application, the Chief of the Fire Department or the Fire Marshal shall cause the Parking Garage to be inspected for compliance with the Uniform Fire Prevention and Building Code of New York State. (d) No permit for a Parking Garage shall be granted if, in the opinion of the Chief of the Fire Department or the Fire Marshal, such structure is not in compliance with the Uniform Fire Prevention and Building Code. (e) An operating permit for an area of Parking Garage shall be effective for a period not to exceed three (3) years. An application for renewal must be made prior to the expiration of the current permit. (f) An operating permit for a Parking Garage may be suspended or revoked if, in the opinion of the Chief of the Fire Department or the Fire Marshal, there is a violation of the Uniform Fire Prevention Code of New York State resulting in immediate danger to the life or health of occupants thereof. (g) Fees for an operating permit for Parking Garages or for renewal of such permit shall be established by the Chief of the Department, according to § 181-9F of this article. Section 3. Creation of Section 181-18, Condition Assessments of Parking Garages. The Ithaca Municipal Code shall be amended so as to create a new Section 181-18 as follows: § 181-18 Condition Assessments of Parking Garages A. Definitions. For the purposes of this section: (1) the term “condition assessment” means an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component of such parking garage, evidence of the existence of any unsafe condition in such parking garage, and evidence indicating that such parking garage is an unsafe structure; (2) the term “deterioration” means the weakening, disintegration, corrosion, rust, or decay of any structural element or building component, or any other loss of effectiveness of a structural element or building component; (3) the term “parking garage” means any building or structure, or part thereof, in which all or any part of any structural level or levels is used for parking or storage of motor vehicles, excluding: a. buildings in which the only level used for parking or storage of motor vehicles is on grade; b. an attached or accessory structure providing parking exclusively for a detached one- or two-family dwelling; and c. a townhouse unit with attached parking exclusively for such unit; (4) the term “professional engineer” means an individual who is licensed or otherwise authorized under Article 145 of the Education Law to practice the profession of engineering in the State of New York and who has at least three years of experience performing structural evaluations; (5) the term “responsible professional engineer” means the professional engineer who performs a condition assessment, or under whose supervision a condition assessment is performed, and who seals and signs the condition assessment report. The use of the term “responsible professional engineer” shall not be construed as limiting the professional responsibility or liability of any professional engineer, or of any other licensed professional, who participates in the preparation of a condition assessment without being the responsible professional engineer for such condition assessment. (6) the term “unsafe condition” includes the conditions identified as “unsafe” in section 304.1.1, section 305.1.1, and section 306.1.1 of the 2015 edition of the International Property Maintenance Code (or publication currently incorporated by reference in 19 NYCRR Part 1226); and (7) the term “unsafe structure” means a structure that is so damaged, decayed, dilapidated, or structurally unsafe, or is of such faulty construction or unstable foundation, that partial or complete collapse is possible. B. Condition Assessments – general requirements. The owner-operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in subdivision (C) of this section, periodic condition assessments as described in subdivision (D) of this section, and such additional condition assessments as may be required under subdivision (E) of this section. Each condition assessment shall be conducted by or under the direct supervision of a professional engineer. A written report of each condition assessment shall be prepared, and provided to the Chief of the Fire Department in accordance with the requirements of subdivision (F) of this subsection. Before performing a condition assessment (other than the initial condition assessment) of a parking garage, the responsible professional engineer for such condition assessment shall review all available previous condition assessment reports for such parking garage. C. Initial Condition Assessment. Each parking garage shall undergo an initial condition assessment as follows: (1) New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy, certificate of compliance, or operating permit being issued for the structure, (2) Existing parking garages shall undergo an initial condition assessment as follows: a. if originally constructed prior to January 1, 1984, then prior to October 1, 2019 b. if originally constructed between January 1, 1984 and December 31, 2002, then prior to October 1, 2020; and c. if originally constructed between January 1, 2003 and the effective date of the rule adding this subdivision to 19 NYCRR section 1203.3, then prior to October 1, 2021. D. Periodic Condition Assessments. Following the initial condition assessment of a parking garage, such parking garage shall undergo periodic condition assessments at intervals not to exceed three (3) years. E. Additional Condition Assessments. (1) If the latest condition assessment report for a parking garage includes a recommendation by the responsible professional engineer that an additional condition assessment of such parking garage, or any portion of such parking garage, be performed before the date by which the next periodic condition assessment would be required under subdivision (C) of this section, the Chief of the Fire Department or their designee shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of such parking garage identified by the responsible professional engineer) to undergo an additional condition assessment no later than the date recommended in such condition assessment report. (2) If the Chief of the Fire Department or the Fire Marshal become aware of any new or increased deterioration which, in the judgment of the Chief of the Fire Department or Fire Marshal, indicates that an additional condition assessment of the entire parking garage, or of the portion of the parking garage affected by such new or increased deterioration, should be performed before the date by which the next periodic condition assessment would be required under subdivision (C) of this section, the Chief of the Fire Department or Fire Marshal shall require the owner or operator of such parking garage to cause such parking garage (or, if applicable, the portion of the parking garage affected by such new or increased deterioration) to undergo an additional condition assessment no later than the date determined by the Chief of the Fire Department or Fire Marshal to be appropriate. F. Condition Assessment Reports. The responsible professional engineer shall prepare, or directly supervise the preparation of, a written report of each condition assessment, and shall submit such condition assessment report to the Chief of the Fire Department within thirty (30) days. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (1) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (2) an evaluation and description of the extent of deterioration and conditions that cause deterioration that, in the opinion of the responsible professional engineer, should be remedied immediately to prevent an unsafe condition or unsafe structure; (3) an evaluation and description of the unsafe conditions; (4) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (5) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (6) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (7) the responsible professional engineer’s recommendation regarding preventative maintenance; (8) except in the case of the report of the initial condition assessment, the responsible professional engineer’s attestation that he or she reviewed all previously prepared condition assessment reports available for such parking garage, and considered the information in the previously prepared reports while performing the current condition assessment and while preparing the current report; and (9) the responsible professional engineer’s recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed. In making the recommendation regarding the time within which the next condition assessment of the parking garage or portion thereof should be performed, the responsible professional engineer shall consider the parking garage’s age, maintenance history, structural condition, construction materials, frequency and intensity of use, location, exposure to the elements, and any other factors deemed relevant by the responsible professional engineer in his or her professional judgment. G. Review Condition Assessment Reports. (1) The Chief of the Fire Department or Fire Marshal shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from the hazards that may result from the conditions described in such report. In particular, but not by way of limitation, the Chief of the Fire Department or Fire Marshal shall, by Order to Remedy or such other means of enforcement as the Chief of the Fire Department or Fire Marshal may deem appropriate, require the owner or operator of the parking garage to repair or otherwise remedy all deterioration, all conditions that cause deterioration, and all unsafe conditions identified in such condition assessment report pursuant to paragraphs (2) and (3) of subdivision (F) of this subsection. (2) The Chief of the Fire Department shall forward all condition assessment reports and other pertinent information that may indicate an unsafe building or structure to the Director of Planning and Development. (3) The Director of Planning and Development or designee shall take such enforcement action or actions in response to the information in such condition assessment report as may be necessary or appropriate to protect the public from an Unsafe Structure. In particular, but not by way of limitation, the Director of Planning and Development or designee shall, by Order of Remedy or such other means of enforcement, require the owner or operator of the parking garage to limit or prohibit occupancy of an unsafe parking garage. (4) All repairs and remedies shall comply with the applicable provisions of the Uniform Code and the Code of the City of Ithaca, including but not limited to the provisions of City Code §146-5 “Building permits.” (5) This section shall not limit or impair the right of the Chief of the Fire Department to take any other enforcement action, including but not limited to suspension or revocation of a parking garage’s operating permit, as may be necessary or appropriate in response to the information in a condition assessment report. (6) This section shall not limit or impair the right of the Director of Planning and Development or their designee to take any other enforcement action or actions related to an Unsafe Structure as regulated under Chapter 146 of the City Code. H. The City of Ithaca shall retain all condition assessment reports for the life of the parking garage. Upon request by a professional engineer who has been engaged to perform a condition assessment of a parking garage, and who provides the Ithaca Fire Department with a written statement attesting to the fact that he or she has been so engaged, the City of Ithaca shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The City of Ithaca shall be permitted to require the owner or operator of the subject parking garage to pay all costs and expenses associated with making such previously prepared condition assessment reports (or copies thereof) available to the professional engineer. I. This section shall not limit or impair the right or the obligation of the City of Ithaca: (1) to perform such construction inspections as are required by §146-6 “Construction inspections”; (2) to perform such periodic fire safety and property maintenance inspections as are required by §181-16 of this Chapter, entitled “Fire safety and property maintenance inspections”; and (3) to take such enforcement action or actions as may be necessary or appropriate to respond to any condition that comes to the attention of the Chief of the Fire Department by means of its own inspections or observations, by means of a complaint, or by any other means other than a condition assessment or a report of a condition assessment. Section 4. Severability clause. Severability is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 5. Effective date. This ordinance shall take effect immediately upon publication as provided in the City Charter. To: Common Council From: Tom Parsons, Fire Chief cc: Svante Myrick, Mayor Date: 12/14/2018 Re: Garage Inspection Resolution Earlier this year, the NYS Department of State adopted a rule that amended the NYS Fire Prevention and Building Code Regulation to require condition assessments and the issuance of use permits for multi-story and underground parking garages. The amended regulations require cities, towns, villages, counties, and State agencies that are responsible for administering and enforcing the Uniform Code to require the owners of parking garages to have periodic condition assessments of those parking garages performed by qualified professional engineers. A condition assessment, as defined in the regulation, is an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component, evidence of the existence of any unsafe condition, and evidence indicating that a parking garage is an unsafe structure. The regulations also require the owners of parking garages to obtain an operating permit from the authority having jurisdiction for code enforcement. Since 2008, the Fire Department has performed fire safety inspections all parking garages in the City of Ithaca. The resolution before you, revises the Fire Prevention Code, Chapter 181 of the Code of the City of Ithaca, to comply with the requirements of Part 1203 of Title 19 NYCRR pertaining to the requirements for conditions assessments of parking garages and the issuance of operating permits for parking garages. The Ithaca Fire Department by the authority of the Code of the City of Ithaca, will enforce the new requirements for condition assessments and operating permits for all public and private parking garages in the City of Ithaca. I will be attending the City Administration meeting and will answer any questions you might have. John Addario PE, Director Building Standards and Codes Francis J. Nerney Jr., State Fire Administrator November 6, 2018 CODE OUTREACH PROGRAM Issue 2018- 12 Code Outreach Program – Parking Garages The Department of State recently adopted a rule that amends Parts 1202, 1203, and 1204 of Title 19 of the New York Codes, Rules and Regulations. The amendments (found here) require cities, towns, villages, counties, and State agencies that are responsible for administering and enforcing the Uniform Code to require the owners of parking garages to have periodic condition assessments of those parking garages performed by qualified professional engineers. A condition assessment, as defined in Section 1203.3(j)(2)(ii), is an on-site inspection and evaluation of a parking garage for evidence of deterioration of any structural element or building component, evidence of the exist ence of any unsafe condition, and evidence indicating that a parking garage is an unsafe structure. A condition assessment report is a written evaluation and description of a condition assessment. Each parking garage in the State shall undergo an initial condition assessment as follows: • New parking garages shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued. • Existing parking garages shall undergo an initial condition assessment as follows: o if originally constructed prior to 1/1/1984, initial assessment to be completed prior to 10/1/2019; o if originally constructed between 1/1/1984 and 12/31/2002, initial assessment to be completed prior to 10/1/2020; and o if originally constructed between 1/1/2003 and 8/29/2018, initial assessment to be completed prior to 10/1/2021. Following the initial condition assessment, parking garages shall undergo periodic condition assessments at the intervals required by the Authority Having Jurisdiction’s (AHJ) code enforcement program, but in no case shall that interval exceed three years. Additional condition assessments may be required if recommended by the professional engineer iss uing a condition assessment report or, if the AHJ becomes aware of any new or increased deterioration that may warrant an assessment. In summary, the new rule requires AHJs to: • amend their code enforcement program to require, at a minimum, the requirements outlined in the new regulations, regardless of whether there are parking garages within their jurisdiction; • require owners of new and existing parking garages to apply for and obtain an operating permit; • require owners of parking garages to provide condition assessment reports that are sealed and signed by a professional engineer; • review each condition assessment report and take appropriate enforcement action in response to the information contained in a condition assessment report, including but not limited to, issuing an Order to Remedy or suspending or revoking an operating permit; and • retain all condition assessment reports for the life of the parking garages within their jurisdiction. This rule applies to all parking garages subject to the Uniform Code that meet the definition of “parking garage” found in 19 NYCRR 1203.3(j)(2)(iv), including private, municipal, and State -owned garages. The rule also applies to those garages within the jurisdictional limits of New York City that are under the ownership or custody of a State Agency. As a reminder, Parts 1202, 1203, and 1204 are minimum standards for administration and enforcement, therefore, AHJs have the authority to require standards higher than the minimums imposed by this rule, to establish fines, and to withhold operating permits for all or portions of a parking garage, provided that such proce dures are addressed in their local laws and are not considered to be a more restrictive standard for construction under Executive Law §379. There are many industry standards that pertain to the operation, maintenance, and inspection of parking garages . Code users may find it beneficial to review these industry standards prior to amending their local laws, and prior to performing a condition assessment or reviewing a condition assessment report. Examples of these standards include: • ACI 362.2R, Guide for Structural Maintenance of Parking Structures (American Concrete Institute); • Maintenance Manual for Precast Parking Structures (Precast/Prestressed Concrete Institute); • Parking Facility Maintenance Manual (National Parking Association); and • Condition Assessment of Parking Structures (American Society of Civil Engineers). The information contained in this edition of the Code Outreach Program is for informational purposes only . AHJs shall consult their municipal attorney and update their code enforcement program in accordance with the State regulations, and not with the generalized overview contained herein. Please look for our next edition of the Code Outreach Program at the beginning of next month. How to check In-Service Training credits: https://www.dos.ny.gov/DCEA/pdf/Check%20training%20credits.pdf How to View Your Training Credits in SLMS: https://youtu.be/jgMPIQtVl7c DBSC - A Division of Department of State OFPC – An Office of the Division of Homeland Security & Emergency Services If you have questions pertaining to the Code Outreach Program, email us at COP.codes@dos.ny.gov If you have questions pertaining to the Uniform Code or Energy Code, email our technical support group at: codes@dos.ny.gov. To cancel your subscription to this email list, click on the unsubscribe link found here. 9. CITY ADMINISTRATION COMMITTEE: 9.1 A Local Law Entitled “Repeal of City Charter C-94 and Distribution of the Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund” WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common Council relevant to the Fire Department” that provide Common Council authority over taxes collected from insurance companies for the benefit of the City’s fire companies under New York Insurance Law (“two percent moneys”) and for the administration of two Relief Funds; and WHEREAS, earlier this year, the City Administration Committee requested that staff develop proposed amendments to the little-used Relief Funds established in § C-94; and WHEREAS, a group of City representatives met with the Veteran Volunteer Firemen's Association of Ithaca, after which that organization requested the distribution to that organization of the funds currently held by the City in the Veteran Volunteer Firemen’s Relief Fund; and WHEREAS, the Fire Chief recommends the transition represented by this Local Law because both existing Relief Funds as provided in the Charter are rarely used, and such utility as served by those Funds in decades past has largely been supplanted by modernized coverage for firefighter injuries, both professional and volunteer; and WHEREAS, State law provides a standard legal framework pursuant to which two percent moneys are to be distributed to firefighters within localities across the state; and WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the standard framework in order to fund the Relief Funds and make the Charter-specified distributions therefrom; and WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of the powers and duties contained therein, and transfer the balance remaining in the funds established under § C-94 as set forth below; now, therefore LOCAL LAW 2019-___ BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from foreign and alien insurers and distributes such funds pursuant to the provisions of New York Insurance Law and City Charter § C-94. 2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes a portion of the above-described moneys collected under New York Insurance Law to such fund. 3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund, which the City administers and holds in trust for the benefit of the Veteran Volunteer Firemen's Association of Ithaca. 4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the future, to distribute funds collected under New York Insurance Law §§ 9104 and 9105 to the fire companies of the City of Ithaca pursuant to the provisions of the New York Insurance Law. 5. The Common Council finds it further beneficial to transfer the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of Ithaca and to distribute the balance of the Active Firemen’s Relief Fund pursuant to the provisions of the New York Insurance Law. Based upon the above findings, the intent and purpose of this Local Law is to transfer the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of Ithaca, amend the City Charter to repeal § C-94, and distribute the balance of the Active Firemen’s Relief Fund pursuant to New York Insurance Law §§ 9104 and 9105. Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of Ithaca. The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferred to the Veteran Volunteer Firemen's Association of Ithaca. Section 3. Repeal of City Charter § C-94. City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire Department,” is hereby repealed in its entirety. Section 4. Distribution of the balance of the Active Firemen’s Relief Fund pursuant to the New York Insurance Law. The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire companies of the City of Ithaca pursuant to the provisions of New York Insurance Law §§ 9104 and 9105. Section 5. Severability clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 6. Effective date. This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of State. 9.2 A Resolution Authorizing the Issuance of $12,077,400 Bonds of the City of Ithaca, Tompkins County, New York, to Pay the Cost of Certain Capital Improvements in and for Said City WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $12,077,400 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefor, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and expenses in connection therewith, are as follows: a) Planning and design costs for the ice jam effluent piping from the Wastewater Treatment Plant to Cascadilla and Fall Creeks, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2 nd) of paragraph a of Section 11.00 of the Local Finance Law; b) Construction of improvements to Hector Street, consisting of sidewalks and an uphill bikeway along Route 79, at a maximum estimated cost of $2,104,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $2,104,000 of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; PROVIDED, HOWEVER, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 90, based on subdivisions 19(c) and 24 of paragraph a of Section 11.00 of the Local Finance Law; c) Planning and design costs for Stewart Avenue reconstruction, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; d) Purchase of traffic signal wireless communication equipment, for said City, at a maximum estimated cost of $86,700. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $86,700 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 72(a) of paragraph a of Section 11.00 of the Local Finance Law; e) Preparation of a transportation plan, for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; f) Purchase of buses and improvements to passenger facilities and related transit hardware and software, in and for said City, at a maximum estimated cost of $158,100. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $158,100 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 89 of paragraph a of Section 11.00 of the Local Finance Law, based upon subdivisions 12(a), 29 and 108 thereof, being additional capital projects beyond the scope of the authorizing bond resolutions dated and duly adopted on January 4, 2017 for $153,700 and January 3, 2018 for $155,000; g) Reconstruction of City cemetery vaults, in and for said City, at a maximum estimated cost of $76,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $76,500 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law; h) Construction of improvements to and reconstruction of various City buildings and facilities, in and for said City, at a maximum estimated cost of $235,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $235,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; i) Construction of improvements to and replacement of the skylights in the Youth Bureau Building, in and for said City, at a maximum estimated cost of $58,700. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $58,700 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; j) Resurfacing of Cass Park tennis courts, in and for said City, at a maximum estimated cost of $77,600. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $77,600 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; k) Construction of improvements to and reconstruction of Hangar Theatre Building, in and for said City, consisting of site demolition, building improvements, parking lot improvements and storm drainage improvements, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a) of paragraph a of Section 11.00 of the Local Finance Law; l) Purchase of an aerial/platform truck for the Fire Department, for said City, at a maximum estimated cost of $1,326,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,326,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; m) The purchase of equipment for various departments, at an aggregate maximum estimated cost of $635,700, allocated as follows: (i) Purchase of equipment for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $322,400. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $322,400 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; (ii) Purchase of a 12-passenger bus with wheelchair lift, for said City, at a maximum estimated cost of $66,300. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $66,300 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 29 of paragraph a of Section 11.00 of the Local Finance Law; and (iii) Purchase of police vehicles to replace those in service for one year or more, for said City, at a maximum estimated cost of $247,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $247,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; n) Improvements to the Giles Street solids residual handling facility, for said City, at a maximum estimated cost of $424,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $424,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; o) Reconstruction of the College Avenue sanitary sewer mains, consisting of approximately 1,350 linear feet of 8” sewer main on College Avenue from Dryden Road to Mitchell Street, in and for said City, at a maximum estimated cost of $449,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $449,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law; p) Reconstruction of the College Avenue water mains, consisting of approximately 1,450 linear feet of 8” sewer main on College Avenue from Dryden Road to Mitchell Street, in and for said City, at a maximum estimated cost of $520,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $520,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; q) Planning and design costs for the roof replacement at 600 Franklin Street Water and Sewer System Maintenance Building, in and for said City, at a maximum estimated cost of $255,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $255,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; r) Improvements to the Vinegar Hill Pump Station, in and for said City, at a maximum estimated cost of $81,600. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $81,600 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law; s) The purchase of equipment for the Water and Sewer Departments for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $295,500. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $295,500 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; t) Planning and design costs for pedestrian safety improvements, in and for said City, at a maximum estimated cost of $590,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $590,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; u) Planning and design costs and implementation of dredging and installation of a sediment trap for Cascadilla Creek, in and for said City, at a maximum estimated cost of $2,000,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $2,000,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law; v) Design and construction of new playground at Stewart Park, in and for said City, at a maximum estimated cost of $1,000,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,000,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law; and w) Design and construction of the Black Diamond Trail Bridge over the Flood Control Channel, in and for said City, at a maximum estimated cost of $1,500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,500,000 bonds of the $12,077,400 bonds of said City authorized to be issued pursuant to this bond resolution; provided, however, that to the extent that any Federal or State grants-in-aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 10 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $12,077,400, and the plan for the financing thereof is by the issuance of the $12,077,400 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each stated in Section 1 hereof; provided, however, that the amount of serial bonds will be reduced by any Federal or State grants-in-aid received therefor, including as specifically provided herein. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 6. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such seria l bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 9.3 A Resolution Authorizing the Issuance of an Additional $3,735,600 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of Reconstruction of East State Street/MLK, Jr. Street Retaining Wall, in and for said City WHEREAS, by a bond resolution heretofore adopted on January 4, 2017, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $816,400 bonds of said City to pay design costs for the construction of the East State Street/MLK Jr. Street Retaining Wall, in and for said City, and determined that the period of probable usefulness thereof was five years, as a financing for the planning for the capital project; and WHEREAS, it has now been determined that such authorization shall include the costs of the capital project itself and that it is in the financial interest of said City to amortize the serial bonds for a period in excess of five years, the period of probable usefulness of said specific object or purpose being 15 years in accordance with the applicable provision of the Local Finance Law, and it being so determined by applicable engineering professionals; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to amend such bond resolution accordingly and authorize the additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the reconstruction of the East State Street/MLK Jr. Street Retaining Wall, including incidental improvements and expenses, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $3,735,600 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $4,552,000. Section 2. The plan for the financing of such $4,552,000 maximum estimated cost is as follows: a) By the issuance of the $816,400 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; and b) By the issuance of the additional $3,735,600 bonds of said City herein authorized for said specific object or purpose; provided, however, that the amount of obligations ultimately to be issued for said specific object or purpose will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 35 of paragraph a of Section 11.00 of the Local Finance Law, computed from February 15, 2018, and the period of probable usefulness of the bonds heretofore authorized for the design costs thereof is hereby increased to 15 years, pursuant to said subdivision 35. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 9.4 A Resolution Authorizing the Issuance of an Additional $225,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Roof Replacement at the Stewart Park Pavilion, in and for Said City WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, now; therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the roof replacement at the Stewart Park Pavilion, in and for the City of Ithaca, Tompkins County, New York, including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $225,000 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $712,000. Section 2. The plan for the financing of such $712,000 maximum estimated cost is as follows: a) By the issuance of the $255,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated December 4, 2013; b) By the issuance of the $181,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; c) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and d) By the issuance of the additional $225,000 bonds of said City herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued for each phase thereof. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 9.5 A Resolution Authorizing the Issuance of an Additional $51,000 Bonds of the City of Ithaca, Tompkins County, New York, to Pay Part of the Cost of the Construction of Traffic Calming Measures in and for Said City WHEREAS, the capital project hereinafter described, as proposed, has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which regulations state that Type II Actions will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to authorize additional bonds for the financing thereof, now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds ofthe total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the cost of the construction of traffic calming measures, including incidental signage, on various City streets, in and for the City of Ithaca, Tompkins County, New York, and including incidental improvements and expenses in connection therewith, there are hereby authorized to be issued an additional $51,000 bonds pursuant to the provisions of the Local Finance Law, which specific object or purpose is hereby authorized at the new maximum estimated cost of $153,000. Section 2. The plan for the financing of such $153,000 maximum estimated cost is as follows: a) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 4, 2017; b) By the issuance of the $51,000 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and c) By the issuance of the additional $51,000 bonds of said City herein authorized. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law, computed from the date of the first bond anticipation note issued therefor. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 9.6 A Resolution Authorizing the Issuance of an Additional $7,190,000 Bonds of the City of Ithaca, Tompkins County, New York to Pay Part of the City’s Share of Improvements at the Ithaca Area Wastewater Treatment Facility, in and for Said City. WHEREAS, by a bond resolution heretofore adopted on January 3, 2018, the Common Council of the City of Ithaca, Tompkins County, New York, authorized the issuance of $434,175 bonds of said City to pay the City’s share of the cost of the final design engineering services for improvements at the Ithaca Area Wastewater Treatment Facility (“IAWWTF”), in and for said City, and determined that the period of probable usefulness thereof was five years, as a financing for the planning for the capital project of such remediation; and WHEREAS, it has now been determined that such authorization shall include the costs of the capital project itself and that it is in the financial interest of said City to amortize the serial bonds for a period in excess of five years, the period of probable usefulness of said specific object or purpose being 40 years in accordance with the applicable provision of the Local Finance Law; and WHEREAS, the capital project hereinafter described, as proposed, has been determined to be an Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not have a significant adverse effect on the environment; and WHEREAS, it is now desired to amend such bond resolution accordingly and authorize the additional bonds for the financing thereof; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying part of the City’s share of the cost of improvements to the Ithaca Area Wastewater Treatment Facility, including grit system improvements, concrete restoration, influent building improvements, stair tower replacement, site work, chemical unloading area improvements, vac-truck pad, weirs, doors and other structural improvements, and incidental improvements and expenses in connection therewith, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued an additional $7,190,000 bonds pursuant to the provisions of the Local Finance Law. Said specific object or purpose is hereby authorized at the new maximum estimated cost of $7,624,175. Section 2. The plan for the financing of such $7,624,175 maximum estimated cost is as follows: a) By the issuance of the $434,175 bonds of said City heretofore authorized to be issued therefor pursuant to a bond resolution dated January 3, 2018; and b) By the issuance of the additional $7,190,000 bonds of said City herein authorized for said specific object or purpose; provided, however, that the amount of obligations ultimately to be issued for sai d specific object or purpose will be reduced by any State and/or Federal grants-in-aid to be received by said City for said purpose. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 40 years, pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, computed from February 15, 2018, and the period of probable usefulness of the bonds heretofore authorized for the final design engineering services thereof is hereby increased to 40 years, pursuant to said subdivision 4. Section 4. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 8. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 9. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 10. This resolution, which takes effect immediately, shall be published in full or summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Local Landmark Designation of the Former Delaware, Lackawana & Western Railroad Station at 701 West Seneca Street – Resolution WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of structures or resources as individual landmarks and historic districts within the city; and WHEREAS, on November 13, 2018, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the former Delaware, Lackawanna & Western Railroad Station at 701 E. Seneca St. as a local landmark; and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review; and WHEREAS, the ILPC found that the proposal meets criteria 1, 3, and 4 defining a “Local Landmark,” under Section 228-3B of the Municipal Code and on November 13, 2018, voted to recommend the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St.; and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning and Development Board filed a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved; and WHEREAS, the Planning Board's report was adopted by resolution at the meeting held on November 27, 2018, has been reviewed by the Common Council; and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same; now, therefore be it RESOLVED, That Common Council [concurs/does not concur] with the findings presented in the Planning and Development Board report, and finds that the proposed designation [is/is not] compatible with and [will/will not] conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved; and, be it further RESOLVED, That Common Council [concurs/does not concur] with the findings of the Ithaca Landmarks Preservation Commission and finds the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. [meets/does not meet] criteria for local designation, as set forth in the Municipal Code, as follows: 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. Embodying the distinguishing characteristics of an architectural style 3. is the work of a designer whose work has significantly influenced and age; or RESOLVED, That Common Council [approves/disapproves] the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. and the adjacent areas that are identified as tax parcel #73.-5-2.1 as a local landmark. TO: Members of the Planning & Economic Development Committee FROM: Bryan McCracken, Historic Preservation Planner RE: Local Landmark Designation of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street DATE: November 27, 2018 At their regular monthly meeting on Tuesday, November 13, 2018, the Ithaca Landmarks Preservation Commission (ILPC) held a public hearing to consider the designation of the former Delaware, Lackawanna & Western (D.L.&W.) Railroad Station at 701 West Seneca Street as an individual local landmark. At the conclusion of the public hearings, the ILPC recommended the local designation of this historic resource by Common Council. The Commission found the former D.L.&W. Railroad Station is eligible for local designation based on criteria 1, 3, and 4 established in Section 228-3 of the Municipal Code. Their findings are summarized in the attached ILPC resolution adopted by unanimous vote on November 13, 2018; full documentation of the resource’s architectural and historical significance is included in the attached Building- Structure Inventory Form. Written public comments and the draft minutes from the public hearing are also attached. The ILPC’s consideration of the D.L.&W. Railroad Station as an individual local landmark was initiated by a referral from Waterfront Working Group. As noted in the attached Waterfront Working Group resolution, the former train station is listed as a “Historic Resource Worthy of Further Research” in the group’s draft plan for the waterfront study area. The group requested the ILPC review the potential historic value of the resource at this time due to recent programmatic changes at the property that could result in physical alterations to the building. As set forth in the Municipal Code, the Board of Planning and Development has filed a report to the Common Council with respect to relation of the designation with the comprehensive plan, the zoning laws, projected public improvements, and any plans for renewal of the site or area involved. A copy of that report is attached. Supplemental information on local, state and federal historic preservation incentive programs, including the local property tax exemption and State and Federal Commercial Tax Credits, are also attached. Common Council is now requested to act to designate, veto, or refer the designation back to the ILPC for modification. A resolution is included in this packet for the Committee’s consideration. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org ILPC Meeting – 11/13/18 Resolution - RB RE: Local Historic Landmark Designation of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street RESOLUTION: WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) may recommend the designation of historic landmarks and districts of historic and cultural significance, and WHEREAS, a public hearing held on Tuesday, November 13, 2018, for the purpose of considering a proposal to designate the former Delaware, Lackawanna & Western (D.L.&W.) Railroad Station at 701 West Seneca Street as a City of Ithaca landmark has been concluded, and WHEREAS, the ILPC has reviewed the New York State Building-Structure Inventory Form dated September 1, 2002, including the Narrative Description of Property and the Narrative Description of Significance prepared by Maria K. Meiser, and WHEREAS, the designation of historic landmarks is a "Type II Action" under the New York State Environmental Quality Review Act (Sec. 617.5(C)(30) and an "Unlisted Action" under the City Environmental Quality Review Ordinance, (CEQR Sec. 176-2) for which no further environmental review is required, and WHEREAS, consideration of the former D.L.&W. Railroad Station as an historic resource was recommended by the Waterfront Working Group in a resolution dated August 24, 2018, and WHEREAS, the Waterfront Working Group’s resolution (attached) states “the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street was identified as [a resource that might have historical or architectural value] and the consideration of its local designation is included as a recommendation in the draft plan,” and WHEREAS, Section 228-3 of the Municipal Code defines the criteria for designation of an individual landmark as follows: 1. Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 2. Is identified with historically significant person(s) or event(s); or 3. Embodies the distinguishing characteristics of an architectural style; or 4. Is the work of a designer whose work has significantly influenced an age; or 5. Represents an established and familiar visual feature of the community by virtue of its unique location or singular physical characteristics. Ithaca Landmarks Preservation Commission Meeting Held Tuesday, November 13, 2018 Former Delaware, Lackawanna & Western Railroad Station 2 RESOLVED, that the Commission adopts as its own the documentation and information more fully set forth in the expanded New York State Building-Structure Inventory Form dated September 1, 2002, and be it further RESOLVED, that the Commission has made the following findings of fact concerning the proposed designation. As described in the Narrative Description of Significance portion of the New York State Building-Structure Inventory Form prepared by Maria K. Meiser and dated September 1, 2002, the former Delaware, Lackawanna & Western Railroad Station is a structure deemed worthy of preservation by reason of its value to the city as enumerated below: Per criterion 1, the former D.L.&W. Railroad Station possesses special historical and aesthetic interest as a part of the development, heritage and cultural characteristics of the City of Ithaca as an intact remnant of a historically significant era of railroad transportation in Ithaca. As noted in the Building-Structure Inventory Form, the D.L.&W. Railroad Company shifted its focus from the transportation of regionally-mined anthracite coal to passenger service in the early-twentieth century. This shift resulted in extensive changes and improvements along the railroad line, including standardized tracks, increased safety through the installation of new signaling devices, modernized trains and stations, and hundreds of miles of new track. Led by William Truesdale, the President of the D.L.&W. Railroad Company between 1899 and 1925, this expansive campaign to modernize the line was one of the most ambitious of the era and resulted in the construction of 185 new train stations and freight depots and the installation of over 900 miles of new railroad track. The former D.L.&W. Railroad Station in Ithaca was constructed as part of this campaign and was specifically designed to provide an impressive gateway into the community and to meet the needs of the rapidly expanding Cornell student population. New stations were also built along the mainlines to Buffalo and Syracuse, as well as in Cortland, Owego, Whitney Point and Minetto. The improvements to the D.L.&W. passenger line during this period improved connections to Ithaca from other metropolitan areas and helped secure its status a major regional hub. Per criterion 3, the former D.L.&W. Railroad Station embodies the distinguishing characteristics of an architectural style. The railroad station is an excellent, and likely only, local example of the Prairie Style. As noted in the Building-Structure Inventory Form, the Prairie Style developed in Chicago and became popular during the first two decades of Ithaca Landmarks Preservation Commission Meeting Held Tuesday, November 13, 2018 Former Delaware, Lackawanna & Western Railroad Station 3 the twentieth century. Typical features of this architectural style include: symmetrical, often square or rectangular, heavy massing with a strong emphasis on horizontality; low-pitched, generally hipped roofs with wide eaves; and multi-paned, casement windows and doors. The massing, roof form and fenestration of the former D.L.&W. Railroad Station reflect these important characteristics of the Prairie Style. The one-story, rectangular, brick station is capped by a low-pitched, hipped roof with wide overhanging eaves, creating a sheltered area along all sides of the building. The horizontality of the brick building is emphasized by a water table and belt course in a contrasting, light-colored cast stone material and a brick soldier course along the tops of the doors and windows. The building’s paired casement windows with triple-light transoms are also indicative of this style. The building gains additional architectural significance from its architectural references to Cornell University and Ithaca as a “college city.” Red, white, and green Rookwood tile mosaics on the interior and exterior of the building form small pennants that were intended to reflect the collegiate character of the community. The property’s original “Cornell flagpole” also referenced the university’s colors. Per criterion 4, the former D.L.&W. Railroad Station is the work of a designer whose work has significantly influenced an age. As noted in the Building- Structure Inventory Form, the railroad station is characteristic example of the work of Frank J. Nies, the official architect of the D.L.&W. Railroad Company between 1899 and 1925. As noted in the Building-Structure Inventory Form, Frank J. Nies was a Hoboken-based architect who designed numerous railroad stations and buildings in New York, Pennsylvania, and New Jersey for the D.L.&W. Railroad Company between 1899 and 1925. While Nies designed buildings in several styles, the small passenger stations he designed for the D.L.&W. Railroad Company are characterized by their distinct Priarie Style, an architectural mode that became increasingly popular during his tenure with the company. Examples of his work throughout the region exhibit a low, elongated massing typical of the Prairie Style and detailing borrowed of the Renaissance Revival and Arts and Crafts models. His major works include train terminals in Newark, Morristown and Boonton, New Jersey, and Scranton, Pennsylvania, and small passenger stations in communities throughout New York, Pennsylvania and New Jersey. RESOLVED, that the Ithaca Landmarks Preservation Commission, determines that based on the findings set forth above, the former Delaware, Lackawanna & Western Railroad Station meets criteria 1, 3 and 4 defining a Local Landmark as set forth in Section 228- 3 of the Municipal Code, Landmarks Preservation, and be it further Ithaca Landmarks Preservation Commission Meeting Held Tuesday, November 13, 2018 Former Delaware, Lackawanna & Western Railroad Station 4 RESOLVED, that the Commission hereby recommends the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street, and the adjacent areas identified as tax parcel #73.-5-2.1, as a City of Ithaca landmark. RECORD OF VOTE: Moved by: K. Olson Seconded by: D. Kramer In favor: K. Olson, D. Kramer, S. Stein, E. Finegan, A. Smith, S. Gibian, M.M. McDonald Against: 0 Abstain: 0 Absent: 0 Vacancies: 0 FOR OFFICE USE ONLY BUILDING-STRUCTURE INVENTORY FORM DIVISION FOR HISTORIC PRESERVATION NEW YORK STATE PARKS AND RECREATION ALBANY, NEW YORK (518)237-8643 UNIQUE SITE NO. QUAD SERIES NEG. NO. YOUR NAME: Maria K. Meiser DATE: September 1,2002 YOUR ADDRESS:106 W. Sibley Ha]]TELEPHONE:(607)255-4331 ORGANIZATION (if any): Corne]] University, Department of City and Regional Planning ************************************************************************ IDENTIFICATION 1.BUILDING NAME(S):Delaware,LackawaIma and Western Railroad Station 2.COUNTY:TOlnpkins TOWN/CITY:Ithaca VILLAGE: 3.STREET LOCATION:Fulton Street between Seneca and State Streets 4.OWNERSHIP:a. public []b.private [X] 5.PRESENT OWNER:Tonlpkins County Trust Conlpany ADDRESS:700 State Street West, Ithaca, NY 6. USE: Original:Railroad Station Present: Bus Station 7.ACCESSIBILITY TO PUBLIC:Exterior visible from public road: Yes [X]No[] Interior accessible:Explain Public access to bus station DESCRIPTION 8.BUILDING NIATERIAL: 9.STRUCTURAL SYSTEM: (if known) a. clapboard []b. stone []c.brick [X] d.board and batten [ ] e.cobblestone []f.shingles []g. stucco []other: a. wood frame with interlocking joints [ ] b. wood frame with light members [ ] c.masonry load bearing walls [X] d. metal (explain) e. other 10.CONDITION:a.excellent [ ] b. good [X] c. fair [ ]d.deteriorated [ ] 11.INTEGRITY: 12. PHOTO: a. original site [X] b.moved [ ]if so, when? c. list major alterations and dates (if known): See Continuation Sheet 13. MAP: 14.THREATS TO BUILDING:a.none known [X] b.zoning []c.roads [] d.developers []e.deterioration [ ] f.other:current function n1aybe tern1inated 15.RELATED OUTBUILDINGS AND PROPERTY: a.barn []b,carriage house []c.garage [ ] d.privy []e.shed []f.greenhouse [ ] g.shop []h.gardens [ ] i.landscape features:non-contributing parking lot j.other:adjacent single-stolY building ca.1966 16.SURROUNDINGS OF THE BUILDING (check more than one if necessary): a.open land []b.woodland [ ] c.scattered buildings [ ] d.densely built-up []e.commercial [X] f.industrial []g.residential [ ] h.other: 17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: See Continuation Sheet 18.OTHER NOTABLE FEATURES OF BUILDING AND SITE (including interior features if known): See Continuation Sheet SIGNIFICANCE 19.DATE OF INITIAL CONSTRUCTION:May-December,1912 ARCHITECT:Nies,Frank J.,Hoboken,NJ; Ray,George J.,Chief Engineer BUILDER:Badgley Contracting Co.,Binghamton,NY 20.HISTORICAL AND ARCHITECTURAL IMPORTANCE: See Continuation Sheet 21.SOURCES: See Continuation Sheet 22.THEME: Continuation Sheet,Page I Delaware,Lackawanna &Western Railroad Station Ithaca,New York ]Ic.J\iJAJOR ALTERATIONS AND DATES: Post-I956, Prior-1983:Green Spanish-type tile roof replaced with asphalt. Removal of square brick piers with lanterns atop, two along the north line of West State Street, two along the south line of West Seneca Street. Possible alteration of bathroom and lighting fixtures,electrical wiring, heating and ventilation ducts and systems. Wood paneled entrance doors with inset panes of glass on east and west sides replaced with metal-framed glass doors. 19'platform along west side of station removed along with railroad tracks;replaced by asphalt pavement parking lot. Ca. 1958:Building constructed on south side of station,over designated lawn and garden area on the original plan.Flagpole remained.Building demolished between 1983 and 2000. Ca. 1966:Building constructed on north side of the station for Tompkins County Trust Company branch office;removal of n011h flagpole;removal of three windows in north wall, filled in with concrete blocks and cement. Continuation Sheet, Page 2 Delaware, Lackawanna & Western Railroad Station Ithaca, New York 12. PHOTOGRAPHS West façade – August 2018 Detail: Tile Mosaic – August 2018 Detail: Paired Windows – August 2018 Continuation Sheet, Page 3 Delaware, Lackawanna & Western Railroad Station Ithaca, New York 13. MAP Continuation Sheet,Page 444 Delaware,Lackawanna &Western Railroad Station Ithaca,New York 17.INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: The DL&W Railroad station is located on Fulton Street between State and Seneca Streets in Ithaca.It is located in a commercial district and is superficially connected to a branch office of the Tompkins County Trust Company.The adjacent bank is located at the n011h end of the building.The DL&W Railroad station is situated on the west portion of the property,centered between West State and Seneca Streets.The entrances to the station are on the east and west sides of the building. 18.OTHER NOTABLE FEATURES OF BUILDING AND SITE Exterior: The DL&W Railroad station is a I-story,Prairie-style brick rectangular building located at 700 W.State Street in Ithaca.The station is 5-bays long and I-bay (26 feet) wide,and it is oriented lengthwise from north to south,with an entrance on both the east and west sides.The station is set parallel to Fulton Street,and is set back in the center of the lot. On the north side, the station is adj acent to another I-story brick building of similar massing. The roofis a hipped-gable,low-pitched roof with wide overhanging eaves,creating shelter along all sides of the building.The roof is covered with asphalt.A square brick chimney rises at the ridge toward the center of the building.The wide overhanging eaves have wooden board soffits supported by thick and wide molded consoles and brackets.The consoles are evenly spaced approximately 10 feet between, The plan of the station is rectangular with the exception of a bay on the west side of the building that projects a couple of feet from the western wall plane. The exterior walls are red brick,constructed in a Flemish bond pattern,with a slightly rusticated poured concrete course along the foundation and another course at the level of the window sills. A decorative course of soldier bricks met at COIners with poured concrete accents surround the building at the heads of the doors and windows. With the exception of side lights,the doors and windows are arched. The wooden frames are set into the brick exterior,and the window sills are poured concrete, generally along the middle belt course.On the south side of the station,there are paired casement cottage windows with 2 panes above each sash; to each side there is a tall and narrow side light with 1 pane above each sash. On the north side,there is evidence visible from the interior of an identical window pattern that is now walled up 'with concrete blocks and cement.There is no exterior access to the n011h elevation of the station. Continuation Sheet,Page 3 Delaware,Lackawanna &Western Railroad Station Ithaca, New York The east elevation,fr0111 south to n011h,has a single-man door with 3 panes divided by horizontal muntins set into a wooden frame. Four arched transom lights are above the door. To the right is a set of paired casement windows,in the same configuration as on the south elevation.Two sets of smaller paired casement windows are positioned in line with the headers of the doors and larger casement windows,with their sills higher up on the wall and no horizontal sash.Toward the center of the east side, there is a double door opening,with metal-framed glass doors set within a wooden frame with a crown of 8 arched transom lights. On either side on the door, there are pairs of casement windows that match those on the south elevation.Towards the north end of the east side, there are two double door openings. The door closer to the center of the east elevation has a wooden paneled lower half, with glazing in the upper half. Six lights are stacked on either side of a vertical muntin,forming an arch at the top. The northern door on the east elevation is similar in form,except that the paired man doors are not paneled and are taller,with only three transom lights above each door. The west elevation of the station is nearly identical in reverse of the east elevation. Two double doors are at the northern end of the west elevation,with the same paneling and transom light configurations.There is a double door entryway towards the center of the west elevation,opposite the entry on the east elevation,with a set of paired casement on either side.Toward the south end of the west elevation,there is a single man door with 3 horizontal panes and tranS0111 lights above and a pair of casement windows exactly opposite the door and window on the east elevation. There is a rectangular,shallow bay that extends out from the west elevation and has a pair of casement windows with four transom lights, divided horizontally,above and tall and narrow,rectangular cottage windows on either side. In the short n011h and south walls of the bay, there is one rectangular window with a fixed light above. Special tilework is set into the exterior walls as decoration on either side of the central entries on the east and west sides of the station and on the south side on either side of the centered windows.The tiles are green, red and white,with the red and white alternating and forming a diamond within a green border.On the south elevation,the tilework and diamonds are oriented vertically. On each side of the entries on the east and west elevations,the diamonds are oriented horizontally.The red and white pennant thorne is repeated in the interior decoration of the station,as well. The lighting for the exterior of the building consists of large, white globe lights that are suspended,fr0111 the soffit of the eaves, over each door on the east and west elevations and to either side of the windows on the south elevation. The exterior of the building,with the exception of the metal-framed glass entry doors, matches the original 1912 design. Continuation Sheet,Page 4 Delaware,Lackawanna &Western Railroad Station Ithaca,New York 20.HISTORICAL AND ARCHITECTURAL IMPORTANCE: The DL&W Railroad Station is an intact remnant of a historically significant era of railroad transportation in the United States. It is one of the few lasting monuments of a company that linked Ithaca to the industrial network of the Northeast United States. Built by the DL&W Railroad Company in 1912, the Station became part of Ithaca's long railway history that began in 1828. The line that the DL&W Station served extended between Ithaca and Owego,and was the original route of the Ithaca &Owego Railroad Company,charted in 1828 by the State of New York. It was the second railroad established in the State and began running in 1834.Local figures,1110St notably Simeon DeWitt,invested in the SChe1TIe as a means to connect the Erie Canal and the Susquehanna River and to compete with traffic through other neighboring towns.Though the Ithaca &Owego Railroad Company failed shortly due to insolvency,the route would persist under new management, In the late 19 th century,the anthracite coal industry was flourishing through Pennsylvania,The railroads had a staked claim in the success of the coal industry and opened thousands of miles of track for its transportation.George W.Scranton expanded lines through the New York and Pennsylvania area and took notice of the Ithaca &Owego line,which became the Cayuga &Susquehanna Railroad Company in 1843. The route through Ithaca to a barge system up Cayuga Lake to enter the Erie Canal was a profitable means of transporting coal and freight. The Delaware & Lackawanna Railroad Company, founded in 1853,acquired the line through an extended lease lasting 99 years from 1855 and the Ithaca to Owego route became the Cayuga Division,or Ithaca Branch,of the DL&W.1 Into the zo"century,the DL&W primarily transported anthracite coal and freight along the Ithaca Branch,but as the connection to the Erie Canal via Cayuga Lake became obsolete,the focus on passenger service,in particular the needs of Cornell University students,increased.In 1899, the President of the DL&W Samuel Sloan retired and a new era for the DL&W began with the appointment of William Truesdale.Truesdale campaigned for and accomplished extensive changes along the railways,including uniformity of tracks,safety measures in new signaling devices,and the modernization of trains and stations.During Truesdale's tenure as President of the DL&W,185 new train stations and freight depots were built.'The DL&W Railroad Station in Ithaca was part of this sweeping overhaul,which also produced new stations along the DL&W's mainlines to Buffalo and Syracuse,as well as in nearby Cortland, Owego,Whitney Point and Mjnetto.3 I Taber,p.212. Casey,ps. 103-107. .Lackawanna Route in Central New York,p.4,14. Continuation Sheet,Page 5 Delaware,Lackawanna &Western Railroad Station Ithaca,New York The new station was to be built on the location of the old freight depot,which had "been an eyesore to all Ithacans for many years."!In early May, 1912, the Badgley Contracting Company of Binghamton was hired to transfer the old freight depot building across Seneca Street and build a concrete foundation for it to rest upon. According to the Ithaca Daily J ournal,the prospect of the new station created hope for the otherwise rundown western section of Ithaca:"The new Lackawanna Railroad station ...will...greatly enhance the beauty of the western section of the city and will be an object of pride to the citizens of Ithaca as well as the railroad company."?Plans for lawns,flower beds,walkways and drives were added features to the new station to irnprove the vestiges of the old freight depot coal yard. The architect of the new station,Frank J. Nies, was the official architect for the DL&W Railroad Company,Based in Hoboken,New Jersey, he designed stations for cities and stops along the DL&W routes throughout New Jersey,New York and Pennsylvania during the railroad s reconstruction period from 1899-1925.6 Significant projects by Frank J.Nies included the Boonton Railroad Terminal in New Jersey and the Cortland and Syracuse DL&W stations in New York.Nies incorporated similar features into each design for the DL&W stations with Prairie-style massing and details. The Prairie-style in architecture was popularized approximately between 1900 and 1920,developing in Chicago and spreading both East and West.Typical features of the Prairie style include symmetrical,often square or rectangular,heavy massing with an emphasis on horizontality,low-pitched,generally hipped roofs with wide eaves, and multi-pane casement windows and doors. The physical description of the DL&W Railroad station in Ithaca demonstrates the characteristics of this significant architectural style.from the early part of the zo"century.Secondary details of the original design,including the ceramic tile roof and the large brackets supporting the eaves,reflected a borrowing of features from the Italian Renaissance,a contemporary style.' ""Breaks Ground ..."Ithaca Daily Journal,9 May 1912. 5 Ibid. (,Frank J.Nies is credited for several of the DL&\\T's train stations throughout New Jersey and New York. The New Jersey State Historic Register has several of his buildings listed and the Boonton Railroad Terminal was nominated to the National Register of Historic Places in 1976. 7 Refer to Virginia &Lee MacAlesters A Field Guide to American Houses (New York:Alfred A.Knopf, 2000)or Leland M.Roth's A Concise History of American Architecture (Boulder,CO:Westview Press, 1980)for more detailed information of the development of the Prairie style and specific stylistic characteristics. Continuation Sheet,Page 6 Delaware,Lackawanna &Western Railroad Station Ithaca,New York The DL&W Railroad station was anticipated to be "modern in every respect and facility,"and with the surrounding grounds,"expected to be among the handsomest on the road.,,8 On December 20, 1912, the new station commenced passenger service "as a Christmas present to the city of Ithaca.,,9 The station featured a smoking room on the south side,24'x26';a baggage room with the same dimension on the north side; a spacious waiting rOOI11 in the center,36'x26';an office with a ticket counter; convenient restrooms;two telephone booths;and a newsstand,Finishes of "egg shell oak"and mahogany lined the r00111S and seating included "high back seats ...two large lamps finished in art glass and hammered brass."lo Details in the waiting room included "two large time table racks built into the wall and constructed of ornamental rockwood tile in green and red,"an ornate drinking fountain,and "small pennants of red,white and green ...placed on the walls of all the rooms in recognition of this being a college city."!'This recognition of the colors of Cornell University extended to the "Cornell flagpole"just off the south end of the station.The flagpole,along with most of the original materials,have remained intact. The DL&W station remained intact during its years of operation,from 1912 to 1942. The decline of the railroad across the United States equally effected the DL&W Railroad Company,and by 1942, the passenger service froIn Ithaca to Owego was cancelled.Bus service replaced the trains except for special holiday trains aimed at the Cornell University students.At the time of the passenger service termination,the Ithaca Branch was transporting a weak average of 36 persons each day.'2 On March 30, 1942, the last regularly scheduled train left the station at 12:30 pm and returned from Owego at 5:1°pm. A large turnout of former employees and citizens sentimentally bid farewell to the Delaware,Lackawanna and Western Railroad,which had provided vital service to Ithaca for nearly a decade. After passenger service ceased,the DL&W continued its freight route until the dissolution of the company.The true end of the DL&W Railroad occurred on December 5, 1956,when its remaining holdings were transferred to the Lehigh Valley Railroad.The last train departed Ithaca at 4:20 pin: "It was only a freight but a symbolic train nevertheless;made up of a caboose,three gondolas of scrap and three box cars bearing the battered and time worn equipment from the Lackawanna's Ithaca freighrhouse office and sheds ...Desolated yards, a long unused passenger station and a freighthouse constructed of heavy wooden beams attesting its age were left behind by the shabby freight. ..What ultimate fate awaits Lackawanna landmarks rests with the Lehigh Valley Railroad CO.,,13 The Lehigh Valley Railroad Co.used portions of the old DL&W rails,but the station was under lease to the Lackawanna Feed Co., Inc. 14and the Cayuga LU111ber Co. for storage. f;"Lackawanna Station to Be Model Building."Ithaca Daily Journal,18 May 1912,p. I. <)"New Lackawanna Station Opened ..."Ithaca Daily Journal,20 December 1912,p. 9. 10 Ibid. 11 Ibid. 12 "50 'Mourners'..."Syracuse Standard,30 March,1942,p. 1. 13 "Seven-Car Train puns ..."The Ithaca Journal,5 December 1956,p. 5. 14 According to deed records in the County Clerk's Office,the lease to the Lackawanna Feed Co.and the Lumber Co.transferred to the Valley Railroad Company with the passenger station. Continuation Sheet,Page 7 Delaware,Lackawanna &Western Railroad Station Ithaca,N ew York The Lehigh Valley Railroad eventually terminated service in Ithaca, as well, and the lot on Fulton Street between State and Seneca Streets including the DL&W Railroad station was sold. The station had no new permanent function until Greyhound Bus Lines acquired it to serve as a bus terminal in 1967.Meanwhile,two structures were built around the station,one on the south end in 1958 and another on the north end in 1966.15 Both structures were designed to complement the station,being constructed in brick with similar massing and rooflines.Each building was designed for commercial use; on the north,the building was and remains a branch of the Tompkins County Trust Company;and on the south, the building at one point housed a doughnut shop but has since been demolished.After Lehigh Valley terminated its use of the railways, the 19-foot platform on the western,trackside of the station was removed along with remaining tracks and the surrounding lot was paved and remains a parking lot.During this period,the tile roof that characterized the style repeatedly used by DL&W architect Frank J.Nies was finally replaced with asphalt. Despite the changes made around the DL&W Railroad station,the station itself shows no appearance of significant alteration,except for the removal of three windows on the north wall,which are now walled in with concrete blocks where it is abutted by the south wall of the adjoining Tompkins County Trust Company branch office. The entrance doors on the east and west walls have been replaced with metal framed glass doors,but the penetrations and windows are original.So much of the DL&W Railroad station's original materials and integrity remains that it is an excellent representative structure of the Prairie style tied to the history of Ithaca and the Delaware,Lackawanna &Western Railroad. 15 p.63. Continuation Sheet,Page 8 Delaware,Lackawanna &Western Railroad Station Ithaca,New York 21.SOURCES: "50 'Mourners'Take Ride to Owego and Return on Last DL Passenger Run."Syracuse Standard,30 March 1942,p. 1. "Breaks Ground for Lackawanna Railroad Depot."Ithaca Daily Journal,9 May 1912,p. 3. Casey,Robert and W.A.S.Douglas.The Lackawanna Story.New York:McGraw-Hill Book Company.IvS'l. "Contract is Let for New Station."Ithaca Daily Journal,2 May 1912,p. 9. Hesch,Merrill and Richard Piper.Ithaca Then &Now.Ithaca:McBooks Press,1983, pgs.62-63. "Ithaca-Owego Railroad Second to Be Chartered in State."The Ithaca Journal,31 March,1942,p. 5. King,Sheldon S.The Route of Phoebe Snow:A Story of the Delaware,Lackawarma and Western Railroad.Flanders,NJ:Railroad Avenue Enterprises,1986. Lackawanna Route in Central New York.Marcellus,NY:National Railway Historical Society,Inc.,1977. "Lackawanna Station is Nearly Complete."Ithaca Daily Journal,5 September 1912,p. "Lackawanna Station to be Model Building."Ithaca Daily Journal,18 May 1912,p. 1. "Lackawanna to Start Bus Schedule."The Ithaca Journal,28 March 1942,p. 3. Lee,Hardy Campbell,A History of Railroads in TOlnpkins County.Ithaca:DeWitt Historical Society of Tompkins County,1977. "New Lackawanna Station Opened to Public Today."Ithaca Daily Journal,20 December 1912,p. 9. "Seven-Car Train Pulls DL&W Out of Ithaca."The Ithaca Journal,5 December,1956. Sisler,Carol U.,Margaret Hobbie,and Jane Marsh Dieckmann,eds.Ithaca's Neighborhoods.Ithaca:DeWitt Historical Society of Tompkins County,1988. Taber,Thomas.The DL&\V in the Nineteenth Century.Muncy,Pa:Thomas T.Taber 111,1977,ps.207-217,269. *Excerpt of ILPC minutes from November 13, 2018* B. The former Delaware, Lackawana & Western (DL&W) Railroad Station, 701 W. Seneca Street – Proposed Individual Landmark Designation Historic Preservation Planner B. McCracken explained that the ILPC is reviewing the nomination of the former railroad station per a recommendation from the Waterfront Working Group, which is working to develop a neighborhood plan for the Waterfront. B. McCracken then gave a brief presentation on the former railroad station, which was designed by Frank J. Nies and built in 1912. He said it is a one-story building with a low-pitched, hipped roof. It has segmental arch door and window openings, with most of the windows being casements with divided-light transoms above. The exterior is adorned with some Rookwood mosaic tiles that reflect the presence of Cornell University in the community, and were intended to incorporate the feel of the community into the design of the building. The station was designed to be a grand welcoming feature to arriving travelers. He also said that the station has large brackets supporting wide overhanging eaves designed to protect people as they waited. B. McCracken explained some of the history of the DL&W Railroad, saying that the company was part of an extensive rail network that was used to distribute Pennsylvania coal to the broader region. He said that the DL&W company acquired the line that was used to transport coal to Ithaca, from which it was loaded onto barges and transported up Cayuga Lake to the Erie Canal and then on to the entire Northeast. He said coal made the line lucrative and allowed it to operate until the early 20th Century when the Canal fell out of favor. At that time, the company transitioned to primarily offering passenger service. B. McCracken explained that William Truesdale became president of the DL&W Railroad in 1899, and under his leadership the lines were modernized. He added more than 900 new miles of track, standardized the size and gauge of rails, straightened numerous curves for faster transports, and added safety features at crossings. He said his efforts were ambitious and were used as a model by other companies of the era. B. McCracken said that Ithaca’s train station was designed and built as part of that modernization campaign. B. McCracken next discussed the criteria for designating an individual local landmark, saying that he had identified three that applied in this case, but noting that other criteria might also be included in the resolution if the Commission members think they are applicable. Criterion No. 1. is as follows: “Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation.” McCracken said that the Ithaca railroad station is significant for its association with the extensive rail network that would have allowed a person in the early part of the 20th Century to travel almost anywhere in the Northeast. He said it is also significant for its association with William Truesdale who was the driving force behind the DL&W Railroad’s improvement campaign. Criterion No. 3 is as follows: “Embodies the distinguishing characteristics of an architectural style.” B. McCracken said that the building is also significant for its representation of the Prairie Style in Ithaca. The Prairie Style was developed in Chicago by a group of architects looking for a way to represent the flatness and the aesthetic of the prairie. It incorporates elements of the Arts and Crafts style, with an emphasis on craftsmanship, detailing, and handwork. The building has a water table and a belt course in a contrasting cast stone material, which emphasizes its connection to the ground and its horizontality. Along the eaves is a soldier course, which further emphasizes its horizontality, as do the wide eaves. The fenestration is also typical of the Prairie Style, with casement windows in ribbons or simple pairs. With respect to ornamentation and detailing, the building gains additional significance from the incorporation of pennants and banners in Rookwood tiles, a reference to Cornell University. Criterion No. 4 is as follows: “Is the work of a designer whose work has significantly influenced an age.” B. McCracken showed a photo of the DL&W Railroad station in Morristown, Pennsylvania alongside a photo of the Ithaca station and said that the two buildings – both designed by Frank Nies – share a number of features: both buildings have a Flemish brick pattern, both are in the Prairie Style with wide overhanging eaves and large brackets, both have belt courses and water tables to emphasize their horizontality, and both use a segmental arch in their doors and windows. He said this designer not only designed Ithaca’s station but also grander stations in more major metropolitan areas. This designer created dozens of stations for the DL&W Railroad, and many of them are on the National Register. His biography is not well known, and there is not an extensive list of his works, but we know he was based out of Hoboken and was hired by the railroad company to design new passenger stations, as well as freight buildings and other railroad resources. Finally, B. McCracken reviewed major alterations to the resource. He said that one piece that is missing is its site, noting that when the building was designed, it was intended to be a grand entrance to the community, and there were elaborate gardens and other features associated with the building. He said that most of those features were subsequently removed, although the flagpole remains. Another major alteration is the roof, formerly a green terra cotta that was removed at some point in the mid-20th Century and replaced with asphalt shingles. He noted that the Morristown, New Jersey station, previously referenced, still has the original glazed tile roof and said that it was a feature common to many of Nies’ designs, but unfortunately, is no longer intact on the Ithaca building. He also said that one other alteration to the site is the removal of the tracks to the west of the station which were the ones associated with the station itself. The tracks to the east of the building that can be seen today were not actually associated with the station. He concluded by saying that the Tompkins Trust Company addition at the north end of the building is another significant alteration to the site, but noted that it’s actually a separate building, connected by a fence and that several windows of the train station were filled in with blocks as part of its construction. B. McCracken then asked the Commission members if anyone had any questions or comments. K. Olson asked if there were any other examples of Prairie Style architecture in Ithaca. B. McCracken said he was not sure. They then directed the question to City Historian Mary Tomlan. M. Tomlan said she was not sure either, and that there was a fraternity house designed by a Prairie School architect, but that there seem to be very few, if any, other good examples of the style here. M. Tomlan remarked that this building could be the only extant example of the Prairie Style in the City. K. Olson asked if there were any other train stations in the City landmarked. B. McCracken said yes, the former Lehigh Valley Railroad Station has also been landmarked and that that was one of the first properties in the City to be designated (in 1974). Public Hearing On a motion by M.M. McDonald, seconded by S. Stein, Chair E. Finegan opened the Public Hearing. Michael Cannon of 409 W. Buffalo Street said he works for Tompkins Trust Company (business that owns the former train station) and lives just a few blocks away. He said he is proud to say that they did not screw the building up. He said they would like to slow the process of designation, and they are looking for a developer for the site. He said they would take the historic fabric into account in any development that is done. He said he served with Mary [Tomlan] on the ILPC about 20 years ago, and it’s great to see her here tonight. He thanked the ILPC members for their time and asked if they had any questions. D. Kramer asked if plans for redevelopment of the site would include leaving the building. M. Cannon said yes, they would expect that, and they are expecting a designation, but they were hoping to be involved in developing the site without the designation going through as quickly as it is. He said there are no plans currently, and they have not yet found a developer. D. Kramer said the ILPC usually works with developers, and he thinks they would be friendly to the notion. S. Gibian asked if they were planning to keep the West End branch open for the foreseeable future. M. Cannon said yes, they have no plans to remove that. It’s the most trafficked branch in the network. Christine O’Malley of Historic Ithaca said they had submitted a letter from Executive Director Susan Holland earlier in the day expressing support for the designation (attached). She said Historic Ithaca supports the designation for the reasons B. McCracken has previously identified. She also said that many communities across the United States have former railroad stations that have been adaptively reused successfully. She said that in addition to banks and schools, railway stations are probably in the top five of historic structures most often adaptively reused. You see them used as restaurants, bookstores, art galleries, banks, offices, and for other uses. She said she thinks the building is a suitable candidate for successful reuse, and whomever acquires the building could avail themselves of resources like Restore New York grants or historic tax credits. She said that in other locations, train stations have become part of a larger complex of buildings in an appropriate fashion, so they think there are a lot of possibilities for this building, given the size of the site. She said Historic Ithaca supports designation, and they think the site could contribute to the economic development of the West End and of the Waterfront corridor. Mary Tomlan, City Historian, spoke in favor of the designation of the former DL&W station. She said she supports designation first on the grounds of architectural style. She said she has racked her brain for another good example of the Prairie Style in Ithaca has not come up with one (though she would be happy if somebody could prove her wrong). She said the railroad station seems to be a particularly good example of the style, with its horizontal lines, broad eaves, low pitched, hipped roof, and Craftsman details, with materials being important. She said that though it was not a prominent style in Ithaca and was not a long-lived style before getting merged into “modernist” architecture, it is a style recognized by many, both laypersons and professionals. She said she thinks it’s important to preserve the building as an example of the style. She said she also supports designation because of the building’s use. She said that though there are three former railroad stations in the greater Ithaca area, and one of them is already designated, this one is still worthy of designation. Railroads were historically very important as a means of transportation, and that they were used for shipping goods in and out, as well as serving passengers. Gene Endres of 126 Sears Street also spoke in favor of designation. He said that he is the secretary and historian for the Cornell Railroad Historical Society and that their organization strongly supports designation. He said that they appreciate that the station is still in existence and that it’s actually very close to the location of the very first railroad in Ithaca – and the first railroad in the history of New York, by charter, which went up South Hill. He said that initially the system used inclined planes to haul cars up the hill, and later utilized a series of switchbacks. He said that unfortunately that section of track led to early trains being rather slow to leave Ithaca, which led to the Lehigh Valley Railroad taking over most of the business. He said that even so, at the time this building was built in 1912, the DL&W Railroad styled itself as the most highly-developed railroad in America. The company had made a great deal of money from the anthracite coal business and, thus, built to a very high standard. He said that the building, though for a relatively small-town station, is very well constructed. He said he has traveled much of the DL&W lines from New Jersey to Buffalo, and many later stations were built of cast concrete and nowhere near as handsome as this building. He said that though quite a few of these stations are still standing, very few of this size still exist, so the station in Ithaca is unique. He said the tile accents are very nice, and he noted as well that very few changes were made over the years, so what you see is pretty much what was always there. He said that the bay window on the west wall is where the operator would have worked, and he could have seen a train approaching from far to the south of the site. He said also that many of the interior features are original and said that his organization has long appreciated that it’s still here. He concluded his remarks by thanking the Commission. S. Gibian asked if Ithaca was the end of the line. G. Endres said yes, it ended here, and he added that they stopped passenger service around 1940, and freight service until around 1950. There being no more members of the public appearing to speak, Chair E. Finegan closed the Public Hearing on a motion by M.M. McDonald, seconded by D. Kramer. S. Gibian asked if the interior is something they can consider. B. McCracken said that it’s not something they can regulate if it’s designated, so he recommends that they just look at the exterior integrity, but it should be noted that the interior of the building has incredible architectural integrity. K. Olson said that Greyhound had operated there since 1967, and she thinks the transition from railroad to an alternate form of mass transit is also notable. M.M. McDonald agreed, saying the original use of the building as a train station had a connection to the canal, and that that piece is the next chapter of the transportation story. K. Olson said yes, the building provided people going to NYC on the bus much of the same functionality as it did for people traveling via train in the past. It’s lovely for the building to have such a transition to a compatible use. Chair E. Finegan asked if there was anything else the Commission needed to do at that point. B. McCracken said they could consider the draft resolution in front of them and add additional criteria to it if they saw fit to do so. 212 Center St. Ithaca, NY HistoricIthaca.org (607) 273-6633 November 13, 2018 Bryan McCracken, Historic Preservation Planner and Ithaca Landmarks Preservation Commission City of Ithaca 108 E. Green Street, 3rd Floor Ithaca, NY 14850 Re: Statement of Support for Local Landmark Designation for the former Delaware, Lackawanna & Western Railroad Station, 701 West Seneca Street Dear Bryan and ILPC Members: On behalf of Historic Ithaca, I would like to submit this letter of support for the local landmark designation of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street. As outlined in the documentation submitted to the ILPC, this nomination meets the requirements presented in criterion 1, criterion 3 and criterion 4 of our local preservation ordinance. This building was an important piece of the once large railroad network that crossed our state and connected multiple communities and cities. This station played an important and vital role in the development of the modern city of Ithaca in the early twentieth century. This Prairie Style brick station remains in very good condition with its red, white and green Rookwood tile mosaics intact. More than mere decoration, the tile mosaics make a specific connection to Cornell University and the many students who passed through this station. The building is excellent example of the work of architect Frank J. Nies, who designed many railroad stations for the company between 1899 and 1925. Many communities throughout the United States have former railroad stations that have been adaptively reused to serve a new purpose. These buildings now operate as restaurants, banks, art galleries, offices and any number of other viable businesses. This building is a suitable candidate for successful reuse and can continue to contribute to the economic development of the West End and waterfront corridor of Ithaca. We urge the ILPC to support the local landmark nomination of 701 West Seneca Street, allowing this property to be properly recognized for the valuable role it has played in our local history and the history of railroads in New York State and the Northeastern United States. We hope that you will vote for the designation of this worthy property so that it can be recognized as an important part of Ithaca’s built heritage. Respectfully submitted, Susan Holland Executive Director August 24, 2018 Waterfront Working Group RESOLUTION: Recommendation to Consider the Designation of the Former Delaware, Lackawanna, & Western Railroad Station at 701 West Seneca Street as an Individual Local Landmark WHEREAS, the Waterfront Working Group was established to develop an area plan for the waterfront study area, with the specific charge to “outline desired land uses for the waterfront area” and “address issues related to a broad range of topics,” and WHEREAS, as part of the execution of this charge, the group has reviewed the topic of historic preservation as it relates to the study area and found the preservation of significant historic resources an important part of the land use plan for the study area, and WHEREAS, the group has identified a few resources that might have historical or architectural value and has incorporated a list of these “historic resources worthy of further research” into the draft plan for the area, and WHEREAS, the former Delaware, Lackawanna & Western (DL&W) Railroad Station at 701 West Seneca Street was identified as one of these resources and the consideration of its local designation is included as a recommendation in the draft plan, and WHEREAS, recent programmatic changes at the former DL&W Railroad Station could result in physical changes to this potentially historic resource in the near future and before the adoption of the draft plan by Common Council, and RESOLVED, The Waterfront Working Group requests that the Ithaca Landmarks Preservation Commission review the New York State Historic Structure Inventory Form for the former Delaware, Lackawanna & Western Railroad Station at 701 West State Street to determine if this resource meets criteria for local designation, and be it further RESOLVED, that, if the resource does meet criteria for local designation enumerated in Section 228-3 of the City of Ithaca Municipal Code, the Waterfront Working Group supports and encourages the local designation of the former DL&W Railroad Station as an individual local landmark and encourages the ILPC to make a recommendation to Common Council to designate the resource as such. RECORD OF VOTE: Moved by: Laura Lewis Seconded by: McKenzie Jones In Favor: passes unanimously Steve Flash, Laura Lewis, Steve Flash, McKenzie jones, Sam Buggelin, George McGonigal, Cheryl Barton, Patrice Lockert-Anthony 1 Proposed Local Historic Landmark Designation of the Former Delaware, Lackawanna, & Western Railroad Station at 701 West Seneca Street Board of Planning & Development, Meeting Held November 27, 2018 Moved by Jones, seconded by Johnston and unanimously approved At the regular monthly meeting on November 13, 2018 the Ithaca Landmarks Preservation Commission (“ILPC”) by unanimous vote recommended designation of the Former Delaware, Lackawanna, & Western Railroad Station at 701 West Seneca Street as an Individual Local Landmark. A map showing the location of the station and a summary of its historic and architectural significance are found in the Building Structure Inventory Form and other information provided by the ILPC to support the recommendation to designate the structure. As set forth in Section 228-3 of the Municipal Code, Landmarks Preservation, “The Planning Board shall file a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning laws, projected public improvements, and any plans for the renewal of the site or area involved.” The following report has been prepared to address these considerations. 1. Relation to the Comprehensive Plan The City of Ithaca adopted “Plan Ithaca” as Phase I of the Comprehensive Plan on August 17, 2015, which identifies the goals of the waterfront mixed use area as the creation of a mixed use district, including commercial and housing with an emphasis on uses that create an active waterfront environment. To develop recommendations for the plan and for the zoning, the City established a waterfront working group made up of 17 members of the public and City Planning Staff. Designation of the former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street is supported by the waterfront working group and is consistent with the waterfront land use plan developed for the area and adopted by Common Council on August 2, 2017. “Plan Ithaca” offers the following goals and recommendations related to Historic Preservation:  5.2.2 All historic resources worthy of preservation will be protected, whether formally designated or not.  5.2.4 Existing historic buildings will be rehabilitated or adaptively reused rather than demolished.  5.2.5 New construction within or adjacent to historic districts or individually listed landmarks will be compatible with the existing built environment.  5.2[C] Continue to designate resources identified as historically or architecturally significant.  5.2[Q] Use patterns of traditional design – including detailing, materiality, size mass, form, rhythm and scale – which all enhance the sense of place within historic neighborhoods, to inform future development. 2 The Comprehensive plan identifies the following characteristics for the waterfront character area: The area will consist of mixed-use development including commercial and housing, with an emphasis on uses that create an active waterfront environment. There will be a focus on the preservation and enhancement of water related uses. New development should protect viewsheds and allow public access to the waterfront. Pedestrian and bicycle connections should be improved, particularly to adjacent mixed-use areas. Development space in the waterfront area is at a premium and reducing the impacts of parking in new development should be carefully considered. Designation of the Former Delaware, Lackawanna & Western Railroad Station at 701 West Seneca Street is consistent with the historic preservation goals and desired character of the Waterfront district. Furthermore, designation of the station will encourage new construction and redevelopment projects to be consistent in character. 2. Relation to Zoning Laws The property is located in the WE/WD West End / Waterfront District, which was established to encourage creation of a mixed-use district with particular emphasis on appropriate waterfront development that encourages a mix of uses. Local designation will not affect building uses permitted under the Zoning Ordinance. Building height for properties located along the waterfront are restricted to 2-3 stories for the first ten feet of depth of the building, and can subsequently be constructed to up to five stories. The existing building is a single story, prairie style brick rectangular building. Any proposed exterior alterations or additions to the structure would be subject to ILPC review to assess the visual and historic compatibility. Historic 3. Relation to Projected Public Improvements There are no plans for public improvements in the area at this time. Designation will not prevent a future development in project area. Local landmark designation requires that any future public improvements in the area undergo review and approval by the Ithaca Landmarks Preservation Commission before work commences. 4. Relation to Plans for Renewal of the Site or the Area There are no plans in the City’s Community Developmen t Block Grant program or by the Ithaca Urban Renewal Agency for renewal of this site or the nearby area. Local landmark designation requires that any private proposal for material change of the exterior of the building or site undergo review and approval by the Ithaca Landmarks Preservation Commission before work commences. LOCAL PROPERTY TAX INCENTIVES FOR HISTORIC PRESERVATION In July 1997, five years after Historic Ithaca, Inc., Tompkins County’s non-profit historic preservation organization, began working to achieve such a program, Governor George Pataki signed into law a bill permitting local property tax abatements for owners who invest in the rehabilitation of a locally designated historic structure. Ithaca became the first city in New York State to offer such incentives when Common Council voted to adopt the program in December 1997. How does the incentive work? In brief, the tax abatement program allows property owners to increase the value of their buildings through investment in repairs and renovation without suffering an immediate increase in local property taxes as a result. The program provides for a ten-year window of tax relief following the substantial rehabilitation of a structure. For the first five years after completion of the project, local property taxes do not increase, except as they may be increased on a city-wide basis, regardless of the additional value of the property resulting from the project. In the sixth year, only 20% of the full value of the increase is added to the pre-project tax amount. In the seventh year, 40% of the increase is added, and so on, until the full value of the property is again taxed in the tenth year after completion of the project. Who is eligible? Anyone who owns a locally designated historic structure and pays property tax in the City of Ithaca may utilize this program. Locally designated historic structures include individually designated landmark buildings as well as “contributing” buildings in Ithaca’s local historic districts: DeWitt Park, East Hill, Cornell Heights, University Hill, Henry St. John, Downtown West and the Clinton Block. To find out if your property is eligible, contact Bryan McCracken in the Department of Planning & Development: bmccracken@cityofithaca.org What projects are eligible? The proposed project must be approved by the Ithaca Landmarks Preservation Commission (ILPC) prior to the commencement of work and must be for purposes of historic preservation. In addition, the proposed work must meet one of the following requirements:  Only work on the exterior of the building is involved; or  Work on a designated historic interior which is open to the public is involved; or  At least 20% of the total cost of the project is directly attributable to exterior work, and/or work that enhances the structural stability or integrity of the property; or  The project returns to use a building which has been vacant for at least two years. Additional restrictions apply to projects involving the conversion of a single-family home or duplex into a multiple dwelling. Contact Bryan McCracken for more information. (over) How do I apply? Before proceeding, contact Bryan McCracken in the Department of Planning & Development, City Hall, to discuss your project, obtain an application, and schedule a date for ILPC review. You will also need to schedule a consultation with a representative at the Tompkins County Department of Assessment, 128 East Buffalo Street, Ithaca, NY. Properties undergoing rehabilitation, which are listed on the National Register of Historic Places or are located in a Certified Local Historic District may be eligible for a Federal and/or State tax credit in addition to the local property tax abatement. More information on these programs is available from the New York State Office of Parks, Recreation & Historic Preservation Field Services Bureau. For More Information: Bryan McCracken, Historic Preservation Planner Department of Planning & Development City Hall – 3rd Floor 108 East Green Street Ithaca, NY 14850 bmccracken@cityofithaca.org Tompkins County Department of Assessment 128 East Buffalo Street Ithaca, NY 14850 Phone: 607-274-5517 Historic Preservation Field Services Bureau New York State Office of Parks, Recreation & Historic Preservation Peebles Island P.O. Box 189 Waterford, NY 12188-0189 Phone: 518-237-8643 Above: The former C.W. Snow Warehouse in Syracuse was an under-used industrial building before being adapted for commercial space and 48 loft apartments with the help of investment tax credits. Below: The former Nurses’ Residence at Sea View Hospital on Staten Island used a variety of funding sources, including investment tax credits, to adapt the complex for affordable senior housing. D IVISION FOR HISTORIC PRESERVATION NEW YORK STATE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION WWW.NYSPARKS.COM  518.237.8643 The New York State Historic Preserva‐ tion Office (SHPO) is part of the Division  for Historic Preservation in the Office of  Parks, Recreation and Historic Preserva‐ tion.  The SHPO helps preserve the  state's heritage through a variety of  public programs authorized under the  State and National Historic Preservation  Acts. These include federal historic re‐ habilitation tax incentives, State and  National Registers of Historic Places,  Certified Local Government (CLG) Pro‐ gram, historic resources surveys, grants,  environmental review, archeology, and  education.  Historic preservation tax credit programs can help offset the cost of rehabilitating historic buildings listed on the National Register of Historic Places. (Buildings can be listed during or after the rehabilita- tion project.) The SHPO can assist you with getting one or more of the five his- toric preservation tax credits. A preserva- tion tax credit is a percentage of rehabili- tation expenditures subtracted from the amount of state and federal income taxes owed. (Under the NYS program, this can be a tax refund.) It is very important that you contact SHPO before plans are drawn and especially before any construc- tion work begins. To begin the process, contact the SHPO office at 518-237-8643, or visit: www.nysparks.state.ny.us/shpo/state/ map.htm. In August 2010, the NYS Legis- lature made changes to the tax credits. For updates to the program, visit our website: www.nysparks.state.ny.us/shpo/. Note: For programs marked “*” the work performed must meet Secretary of Interior Standards, and must be approved by the SHPO and/or the National Park Service. 20% Federal Investment Tax Credit   Programs (ITC) *  The Tax Reform Act of 1986 allows a 20% tax credit for the rehabilitation of historic buildings. Owners of historic commercial, office, industrial or rental residential build- ings may be eligible for a 20% federal in- come tax credit for substantial rehabilita- tion projects. The final dollar amount is based on the cost of the rehabilitation; in effect 20% of the qualifying rehabilitation costs will be borne by the federal govern- ment. Buildings must be: Income-producing, and Individually listed on the State or National Register of Historic Places, or a contributing building in a historic district that is listed on the National Register of Historic Places or certified by the National Park Service. The preservation credit can be used in con- junction with other state and federal reha- bilitation grants for housing or facade work such as the Low Income Housing Tax Credits. (Note: The final credit amount will be reduced when these additional sources are combined.) For more information, visit: www.nps.gov/ history/hps/tps/tax/brochure1.htm#10_20 20% New York State Historic   Tax Credit Program for Income   Producing Properties *  Projects qualifying for the 20% Federal Historic Preservation Tax Incentive Pro- gram are automatically eligible for this credit. Owners can receive 20% of the qualified rehabilitation costs, up to a credit value of $5,000,000. For more informa- tion, see: www.nysparks.com/shpo/ investment/income.htm. Continued THROUGH LOCAL, STATEWIDE AND NATIONWIDE PARTNERSHIPS, HISTORIC  PRESERVATION CONTINUES TO BE A KEY TOOL FOR ECONOMIC DEVELOPMENT  AND IMPROVING AND ENRICHING COMMUNITY LIFE ACROSS THE STATE.  INVESTMENT TAX CREDIT PROGRAMS FINANCIAL INCENTIVES FOR HISTORIC PRESERVATION PROJECTS 10%  Federal Tax Credit    A 10% federal income tax credit is available for the rehabilitation of non- historic buildings for non-residential use. Buildings must be: Income-producing, and Not listed in the National Register, or not listed as a contributing building in a National Register Historic District, and First placed in service before 1936. For more information: www.nps.gov/ history/hps/tps/tax/brochure1.htm#10. New York State Historic  Homeownership Rehabilitation  Tax Credit *  Buildings must be located in a census tract designated as economically “distressed.” Qualified rehabilitation costs must exceed $5,000. The credit will cover 20% of qualified rehabilita- tion costs up to a limit of $50,000. Houses must also be: Owner-occupied structures, and Individually listed on the State or National Register of Historic Places, or a contributing building in an historic district that is listed in the State or National Register of Historic Places. SHPO staff can help with further in- formation about eligible census tracts and the program in general. See the website listed at the end. New York State Barn Tax Credit  The income tax credit is equal to 25% of the cost of rehabilitating historic barns. Work cannot “materially alter the historic appearance” of the barn which must be: Income-producing for agricultural purposes, and Placed in service before 1936. For more information about barn cred- its, contact the NYS Department of Taxation and Finance at 800-225-5829.   FOR MORE INFORMATION  National Register of Historic Places: www.nysparks.com/shpo/register/ Publications on technical preservation issues: www.nps.gov/history/hps/tps/ topics/index.htm Federal Tax credit programs: www.nps.gov/history/hps/tps/tax/ index.htm Applications and whether a property qualifies: www.nysparks.com/shpo/tax- credit-programs/ Above: Financial assistance from investment tax credits helped owners to undertake substantial exterior repairs on this 1941 New York City apartment building. Below: This commercial and residential building in Newburgh was a burned out shell before it was rescued with the help of the federal historic rehabilitation tax credit program. Below right: The Philipsburgh Hall tax credit project in Yonkers included the restoration of the ballroom. Both the ITC and Low Income Housing tax credits were used for the remarkable transformation of 24 brick townhouses in Albany. The buildings had been subdivided and neglected until the entire row was threatened with demolition. In addition, one individual property owner took advantage of the Historic Homeowners Rehabilitation tax credit. Staff helped to list these properties on the National Register so that they would quality for tax credits. Tax Credit Programs   Division for Historic Preservation  NYS Office of Parks, Recreation and  Historic Preservation  Peebles Island, PO Box 189  Waterford, NY 12188‐0189  518.237.8643     www.nysparks.com  www.nysparks.com/shpo/tax‐ credit‐programs/  An Equal Opportunity/Affirmative Action Agency   This material has been financed in part with Federal funds from the National Park Service, Department of the Interior. However, the contents and opinions do not necessarily reflect the views or policies of the Department of the Interior This project has been administered by the Field Services Bureau, Division for Historic Preservation, New York State Office of Parks, Recreation and Historic Preservation. This bureau receives Federal funds from the National Park Service, Department of the Interior. Regulations of the U.S. Department of the Interior strictly prohibit unlawful discrimination in departmental Federally Assisted Programs on the basis of race, color, national origin, age, or handicap. Any person who believes he or she has been discriminated against in any program, activity, or facility operated by a recipient of Federal assistance should write to: Director, Equal Opportunity Program, U.S. Department of the Interior, National Park Service, P.O. Box 37127, Washington, D.C. 20012-7127. 8/11 Proposed Resolution Planning and Economic Development Committee December 12, 2018 RE: LOCAL LANDMARK DESIGNATION OF THE FORMER DELAWARE, LACKAWANNA & WESTERN RAILROAD STATION AT 701 W. SENECA ST. WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca Landmarks Preservation Commission (ILPC) is responsible for recommending to Common Council the designation of structures or resources as individual landmarks and historic districts within the city, and WHEREAS, on November 13, 2018, the ILPC conducted a public hearing for the purpose of considering a proposal to designate the former Delaware, Lackawanna & Western Railroad Station at 701 E. Seneca St. as a local landmark, and WHEREAS, the designation of a local landmark is a Type II action under the NYS Environmental Quality Review Act and the City Environmental Quality Review Ordinance and as such requires no further environmental review, and WHEREAS, the ILPC found that the proposal meets criteria 1, 3, and 4 defining a “Local Landmark,” under Section 228-3B of the Municipal Code and on November 13, 2018, voted to recommend the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St., and WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning and Development Board filed a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements and any plans for the renewal of the site or area involved, and WHEREAS, the Planning Board's report was adopted by resolution at the meeting held on November 27, 2018, has been reviewed by the Common Council, and WHEREAS, Section 228-4 of the Municipal Code states that the Council shall within ninety days of said recommendation of designation, approve, disapprove or refer back to the ILPC for modification of same, and RESOLVED, that the Planning and Economic Development Committee [concurs/does not concur] with the findings presented in the Planning and Development Board report, and finds that the proposed designation [is/is not] compatible with and [will/will not] conflict with the comprehensive plan, existing zoning, projected public improvements or any plans for renewal of the site and area involved, and be it further RESOLVED, that Planning and Economic Development Committee [concurs/does not concur] with the findings of the Ithaca Landmarks Preservation Commission and finds the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. [meets/does not meet] criteria for local designation, as set forth in the Municipal Code, as follows: Proposed Resolution Planning and Economic Development Committee December 12, 2018 1. it possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic, or social history of the locality, region, state, or nation; or 3. Embodying the distinguishing characteristics of an architectural style 4. is the work of a designer whose work has significantly influenced and age; or RESOLVED, that the Planning and Development Committee recommends to Common Council approval of the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St. and the adjacent areas that are identified as tax parcel #73.-5-2.1 as a local landmark. OR RESOLVED, that the Planning and Economic Development Committee disapproves the designation of the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St and the adjacent areas identified as tax parcel #73.-5-2.1. OR RESOLVED, that the Planning and Economic Development Committee forwards the modified recommendation to designate the former Delaware, Lackawanna & Western Railroad Station at 701 W. Seneca St and the adjacent areas that are identified as tax parcel #73.-5-2.1 to Common Council with a recommendation to disapprove the designation. RECORD OF VOTE: Moved by: 0 Seconded: 0 In favor: 0 Against: 0 Abstain: 0 Absent: 0 Vacancies: 0 10.2 2019 Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I or Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them; and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review; and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; and WHEREAS, Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency for the years of 2015, 2016, 2017 and 2018; and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to continue the agreement in which the Planning Board will assume Lead Agency status for such projects; now, therefore be it RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2019; and, be it further RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it so desire. To: Common Council From: Lisa Nicholas, Deputy Director of Planning Date: December 6, 2018 Re: 2019 Annual Council Concurrence that the Planning Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Annually Common Council passes a resolution concurring that the Planning Board will be Lead Agency in environmental review for site plan review projects for which the Common Council is an involved agency. Examples of such projects include the Chainworks District Project, the Marriott Hotel, the Hilton Canopy and 210 Hancock Street. As per the previously adopted resolutions, this arrangement ends on December 31 of each year and must be renewed annually. Please find enclosed a proposed resolution which extends this arrangement to December 31, 2019. The purpose of this arrangement is to make the environmental review process more efficient while, at the same time, keeping Council informed of its potential role in the environmental review of site plan projects. Environmental forms and project information would continue to be forwarded directly to Council members without the need to coordinate with a monthly meeting schedule. This prevents the difficulty of the 30-day deadline to establish Lead Agency but preserves Council ability to not concur should that be the preferred course of action for any future project. As an involved agency, Council could, if desired, provide input to the Lead Agency. All comments from involved agencies are addressed during the environmental review. The Planning Board also has this arrangement with the Board of Zoning Appeals. If you have any questions, please contact me at 274-6557. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 10.3 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3 A Declaration of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amending the Municipal Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca tax parcels 70.-7-1, 70.- 7-2, and 70.-7-3. 10.3B Declaration of Environmental Significance - Resolution WHEREAS, The Common Council is considering a proposal to amend the Municipal Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the zoning district boundaries of the B-1a and B-2d Zoning Districts, tax parcels 70.-7-1, 70.-7-2, and 70.- 7-3; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated December 7, 2018; and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated December 7, 2018; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. 10.3C Adoption of Ordinance An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Amend the Zoning District Boundaries of the B-1a and B-2d Zoning Districts, City of Ithaca Tax Parcels 70.-7-1, 70.-7-2, and 70.-7-3 ORDINANCE NO. 2019- ____ BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change the designation from B-1a to B-2d for the following tax parcels: 70.-7-1, 70.-7-2, and 70.-7- 3. The boundaries are shown on the attached map entitled “Proposed West Green Street Zoning Amendment,” dated November 7, 2018. Section 3. Severability Clause is intended throughout and within the provisions of this ordinance. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 2. Effective Date. This Ordinance shall take effect immediately and in accordance with law after publication of notice as provided in the Ithaca City Charter. Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? If Yes, list agency(s) name and permit or approval: NO YES 3.a. Total acreage of the site of the proposed action? ___________ acres b. Total acreage to be physically disturbed? ___________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? ___________acres 4. Check all land uses that occur on, adjoining and near the proposed action. 9 Urban 9 Rural (non-agriculture) 9 Industrial 9 Commercial 9 Residential (suburban) 9 Forest 9 Agriculture 9 Aquatic 9 Other (specify): _________________________ 9 Parkland Page 1 of 3 Page 2 of 3 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: __________________________________________________________________________ _______________________________________________________________________________________ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: ______________________________________ _______________________________________________________________________________________ NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ________________________________ _______________________________________________________________________________________ NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: _______________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: † Shoreline † Forest † Agricultural/grasslands † Early mid-successional † Wetland † Urban † Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16. Is the project site located in the 100 year flood plain?NO YES 17. Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a. Will storm water discharges flow to adjacent properties? † NO † YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: † NO † YES _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: ____________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: _________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: __________________________________________________________________________ _______________________________________________________________________________________ _______________________________________________________________________________________ NO YES I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: ___________________________________________ Date: ___________________________ Signature: _______________________________________________________ Page 3 of 3 Page 1 of 2 Agency Use Only [If applicable] Project: Date: Short Environmental Assessment Form Part 2 - Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept “Have my responses been reasonable considering the scale and context of the proposed action?” No, or small impact may occur Moderate to large impact may occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2.Will the proposed action result in a change in the use or intensity of use of land? 3.Will the proposed action impair the character or quality of the existing community? 4.Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7.Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8.Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9.Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11.Will the proposed action create a hazard to environmental resources or human health? Page 2 of 2 For every question in Part 2 that was answered “moderate to large impact may occur”, or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. _________________________________________________ _______________________________________________ Name of Lead Agency Date _________________________________________________ _______________________________________________ Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer _________________________________________________ _______________________________________________ Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Short Environmental Assessment Form Part 3 Determination of Significance Agency Use Only [If applicable] Project: Date: General Municipal Law (GML) 239 Planning and Zoning Action Referral Form Tompkins County Department of Planning and Sustainability Questions? Please contact Scott Doyle Tompkins County Planning Department 607-274-5560 City, Town, or Village *Municipality * Municipality Address * Salutation *Municipal Contact First Name *Municipal Contact - Last Name * Title of Municipal Contact * Municipal Contact Email * Confirm Municipal Contact Email * Project Name * Project Proposal Information Please fill out this form. At the end of the form please upload any additional materials for review Applicant Name Landowner's Name Address You can find the Tax Parcel Number with the following link - https://geo.tompkins-co.org/html/?viewer=nrimobile - you may need to enable the parcel layer by clicking on the layer field at the Layers tab at the bottom right hand corner of the screen and clicking the PARCELS checkbox. Then zoom in on the map. City Ithaca 108 East Green St. Ms.Megan Wilson Senior Planner mwilson@cityofithaca.org mwilson@cityofithaca.org Proposal to Rezone a Portion of the 100-Block of West Green Street City of Ithaca Urban Core, LLC; 119 WG Jenscott, LLC; Deena G Crossmore 108 E. Green Street How to find the Parcel ID - Click on the down arrow at the right for directions. Tax Parcel Number Municipality Meeting Date Meeting Packet Distribution Date Public Hearing Date Project Details 70.-7-1; 70.-7-2; 70.-7-3 12/12/2018 12/6/2018 12/12/2018 How does the proposed project qualify for 239 review (check all that apply)? Please submit all materials that your municipality requires for a complete application, including a completed environmental assessment form and any supplemental information that the municipal board will consider in its review, to the Tompkins County Planning Department no later than 30 days prior to the board meeting date . For larger or more complex projects preliminary information, such as sketch plans, may be submitted as early in the review process as possible to allow for preliminary comments on likely County recommendations. Providing this information earlier in the project development process may allow us to provide preliminary comments to municipalities as they complete submission materials Please check appropriate box of action being referred (check all that apply): Is site currently served by public water? Is site currently served by public sewer? # of Proposed Housing Units? # of Proposed Parking Spaces? Amount of Proposed Building Square Footage? Is any of the proposal located within the 100-yr floodplain? Is any of the proposal located within 100' of an intermittent or perennial stream or wetland? Is any of the proposal within a Unique Natural Area (UNA)? The Tompkins County Natural Resource Inventory - https://geo.tompkins-co.org/html/?viewer=nrimobile - can assist with identifying UNAs and other natural features on the property. Additional Project Notes Additional Notes on Proposed Project Please check which State Law requirement(s) apply to referred action' it is within 500 feet of: A municipal boundary; The boundary of an existing or proposed County or State park or any other recreation area; The right-of-way of any existing or proposed county or state road; The existing or proposed right-of-way of any stream or drainage channel owned by the county; The existing or proposed boundary of any county/state owned land with public buildings; or The boundary of a farm operation located within an agricultural district. Comprehensive Plan Special Use Permit Use Variance Subdivision Zoning Ordinance or Local Law Site Plan Area Variance/Sign Variance Other authorization or local law Additional Information: Yes No Yes No N/A N/A N/A Yes No Yes No Yes No Please use this section to upload any additional documentation. Please upload full application materials here W Green St Rezoning - Circulation Memo - Nov 19 2018-3.pdf 234.25KB W Green St B2d Rezoning - Ordinance - Nov 19 2018.docx 16.47KB Map - West Green St Zoning - Nov 7 2018.pdf 103.57KB W Green St SEAF Nov 19 2018.pdf 1.79MB J:\Committee Files\Common Council\2010-2019\CC-19\01-19\Planning Items\3f - W Green St B2d Rezoning - Ordinance - Nov 19 2018.docx Page 2 of 2 SLAUOZ CBD-100 R-3a CBD-60 CBD-85 CBD-100 CBD-60 R-3aa B-1a R-3aa CBD-100 CBD-120 CBD-140 B-4S CAYUGA STS GENEVA STW STATE ST W GREEN ST W CLINTON ST E GREEN ST E CLINTON ST CBD-100 R-3a CBD-60 CBD-85 CBD-100 CBD-60 R-3aa B-2d R-3aa CBD-100 CBD-120 CBD-140 S CAYUGA STS GENEVA STW STATE ST W GREEN ST W CLINTON ST E GREEN ST E CLINTON ST West Green Street Zoning Existing Zoning Proposed Zoning 0 200 400Feet ¯November 7, 2018 Tompkins County Library Tompkins County Library Hotel Ithaca Hotel IthacaMcGraw House McGraw House 14.1 Mayor’s Appointments – Resolution Public Safety and Information Commission RESOLVED, That the following applicants be reappointed to the Public Safety and Information Commission with terms to expire December 31, 2020: Mike Comella Aryeal Jackson Nicholas Segerson Kenneth McLaurin ; and, be it further Parks, Recreation, and Natural Resources Commission RESOLVED, That the following applicants be reappointed to the Parks, Recreation, and Natural Resources Commission with terms to expire December 31, 2020: Daniel Hoffman Tyler Moeller Thomas Shelley ; and, be it further Community Life Commission RESOLVED, That Lisa Swayze be appointed as the chair for the Community Life Commission with a term to expire December 31, 2020; and, be it further RESOLVED, That the following applicants be appointed to the Community Life Commission with a term to expire December 31, 2020: Caroline Byrne Melissa Hall Rusty Keeler ; and, be it further Appointment of Mobility, Accessibility, and Transportation Commission RESOLVED, That the following applicants be reappointed to the Mobility, Accessibility, and Transportation Commission with terms to expire December 31, 2020: Sarah Brylinsky Theresa Lyczko Sarah Barden