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HomeMy WebLinkAboutMN-CC-2022-12-07COMMON COUNCIL Voting Record Date: Wednesday, December 7, 2022 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: Meeting adjourned immediately following executive session YouTube Link(s): https://www.youtube.com/watch?v=HouOCtOTdu4&list=PLfplo_VA57eoynr qxkGvi11vxHlwByjZw&index=6 https://www.youtube.com/watch?v=lueNVjHHDog&list=PLfplo_VA57eoynrqxkGvi 11vxHlwByjZw&index=5 Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Acting Mayor– Laura Lewis X 1st Ward – Cynthia Brock X 1st Ward – George McGonigal X 2nd Ward – Phoebe Brown X 2nd Ward - Ducson Nguyen X 3rd Ward – Jeffrey Barken X 3rd Ward – Rob Gearhart X 4th Ward – Jorge DeFendini X 4th Ward - Patrick Mehler X 5th Ward – Robert Cantelmo X 5th Ward – Laura Lewis X Total voting members for this meeting 9 Note: Laura Lewis is represented as the Acting Mayor and in the 5th Ward, therefore has the power to vote. Agenda Item: 1.1 - Additions to the agenda: Alderperson McGonigal voted to add an executive session to the agenda regarding a personnel matter. YouTube timestamp: 1:30 Agenda Item: 1.2 - Reports of Municipal Officials: Tompkins County Legislator Veronica Pillar first thanked Alderperson Mehler for his service on Common Council. Pillar then gave a report on TC District 3 holding a special election on January 24 to fill a vacancy. Their budget also passed. Pillar gave a report on the Community Recovery Grant. Plan to vote on the package at the December 20 meeting. No resolution on the county-owned property in the 400 block of Tioga St. Historic Ithaca will be giving a presentation on December 15 on what they think should happen with the property. YouTube timestamp: 3:30 Agenda Item: 2.1 - Petitions and hearings before Council YouTube Timestamp: 9:30 Mayor Lewis opened public comment with a statement from Council, reminding the public to be respectful and avoid personal attacks. John Joly: Response to criticisms made by council when he was appointed chief of police. Faye Gougakis: City of Ithaca/Dock-less bicycles Michael Fenner: City of Ithaca safety/leadership concerns Neuveen: IPD Levon Burr: City of Ithaca changes/safety/budget cuts Jeanne Grace: DPW negotiations Todd: DPW negotiations Thomas Canzella: Police Chief search/Working conditions in IPD/Reimagining Public Safety Travis Brooks: Reimagining Public Safety Kevin Kohler: Delay vote for outside council in regards to contract negotiations Lee Adler: Contract negotiations Dave Marsh: Contract negotiations Zach Winn (Remote): IPD timely press releases/IPD appointing public information officer Natasha Raheja (Remote): FreeCat Agenda Item: 2.2 - Privilege of the floor YouTube timestamp: 1:04:01 Jorge DeFendini: Thanked everyone for coming to speak. Willing to work with the county and Cornell to make FreeCat possible. Expressed thanks to the DPW workers for coming and speaking. Wants to maintain good relationships with the workforce. George McGonigal: Thanks everyone who came to speak. Not opposed to putting off the resolution to find an outside attorney. Supports the creation of a liaison from Common Council to sit in on the negotiations. Says he’s enjoyed being on Common Council for nine years, and although he doesn’t always agree with City Attorney, he doesn’t question his integrity. Talks about the November meeting where city workers came and talked about wages and how they were treated. Talks about John Joly, saying he’s worked hard as Acting Chief and he is and honorable man. Supports what he has done for IPD, saying IPD is in a better place now than it was when he started, despite all the difficulties IPD has faced. Supports Scott Garin as a choice for chief of Police. Says reopening the search would cause more harm to the department. Phoebe Brown: Honored to be at the meeting. Feels real gratitude. Things need to get bad before they can get better. This meeting is a great learning experience for her. Feels energized. Hears people talk about how great Ithaca was, for some yes, for some no. At a place and time in the community where we can make some changes and progress if we continue to work in the spirit of working for everyone. Have an opportunity to do something great. Heard some real valuable information about not opening up the search, beginning IPD working with the community and RPS. Saving money on negotiations. Jeffrey Barken: Wants to send an incredible thank you to outgoing Chief of Staff, Faith Vavra. Acting Mayor Lewis: Do all share desire for fairness, all of our workers, city staff and taxpayers. Tough balance. We want to be able to move forward with labor negotiations. Making a change in the best interest of the city. Would like to see us moving forward for the benefit of our workers. Express thanks to the community members who came out and spoke. Recognize the staffing shortages. Agenda Item: Consent Agenda (Agenda items 3.1-3.14) YouTube Timestamp: 1:19.09 Discussion Summary: None. Motion to Approve: Alderperson Cantelmo Seconded by: Alderperson Nguyen Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Patrick Mehler X Robert Cantelmo X Laura Lewis X Agenda Item: 4.1 – CAA Local Law from October 2022 PEDC meeting YouTube Timestamp: 1:20.14 Discussion Summary: Alderperson McGonigal asked if aggregation meant energy. Acting Mayor Lewis deferred to City Attorney Levine since it’s a local law. Rebecca Evans answered by saying it’s the bulk buyer. Cantelmo asked for a timeline. Evans said wants to have the draft implementation plan on January 9, will then be sent for internal review. Have decided that we need a robust public engagement around this. Any changes that need to be made will determine when it’s sent to the Public Service Commission for approval. Then can send it out to bid for suppliers. Hope given the timeline and should have operational program by 2024. Cantelmo asked if there’s any anticipation of asks for the budget given the timeline Evans outlined. Evans said the only costs she sees are costs for direct communication. Will stay in communication with the mayor and council. May need to extend the contract if it doesn’t launch in 2024. DeFendini supports this. Motion to Approve: Acting Mayor Lewis Seconded by: Alderperson DeFendini Vote Passed 9-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini X Patrick Mehler X Robert Cantelmo X Laura Lewis X NOTE: Alderperson DeFendini left the meeting. Will be an 8-count vote moving forward. Agenda Item: 4.2 - Public Safety Facility YouTube Timestamp: 1:30.14 Discussion Summary: None. Motion to Approve: Acting Mayor Lewis Seconded by: Alderperson Mehler Vote Passed 8-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Note: Acting Mayor Lewis asked for a motion to enter executive session: Moved: Alderperson Gearhart. Seconded: Alderperson Cantelmo. Passed 8-0. YouTube timestamp: 1:35.00 Note: Remainder of the meeting took place on the second YouTube link. Timestamps going forward are from the following link: https://www.youtube.com/watch?v=lueNVjHHDog&list=PLfplo_VA57eoynrqxkGvi 11vxHlwByjZw&index=5 Agenda Item: City Administration Agenda 6.1 – Black Diamond Trail Funding YouTube Timestamp: 1:38 Discussion Summary: Alderperson Mehler asked why the project is being done in halves? Alderperson McGonigal said they were looking for different ways to pay for it. Motion to Approve: Alderperson Cantelmo Seconded by: Alderperson McGonigal Vote Passed 7-1 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Note: Phoebe Brown excused herself from the meeting for a short time. Votes moving forward will be done with a 7-count. Agenda Item: City Administration 6.2 – IPD Approval to receive grant funding from Homeland Security YouTube Timestamp: 10:33 Discussion Summary: Alderperson Gearhart asked what kind of equipment needs to be updated. Members of council provided an answer about the equipment being specialized, state issued. Acting City Clerk Vavra said knowing that these kinds of grants are being applied for would be good to know prior to applying. Discussion ended when Alderperson Cantelmo asked the Mayor’s office to check into how this process should be done. Motion to Approve: Alderperson Cantelmo Seconded by: Alderperson McGonigal Vote Passed: 7-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Agenda Item: City Administration Agenda 6.3 – Funding for the Mayor to seek outside council for labor negotiations YouTube Timestamp: 20:00 Discussion Summary: Alderperson Barken motioned to Table. Acting Mayor Lewis motioned to go into executive session. Alderperson McGonigal seconded Barken’s motion to table. A vote was taken to move into executive session, failed, 5-2. 5(Lewis, Cantelmo, Gearhart, Mehler, Nguyen) 2(McGonigal, Barken). Many amendments were made to this resolution, but it passed. Motion to Approve: Alderperson Cantelmo Seconded by: Alderperson Gearhart Vote Passed 7-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Alderperson Mehler moved to extend the meeting by a hour. Passed 7-0. Agenda Item: City Administration Agenda 6.4 – Finance – Approval of single audit YouTube Timestamp: 57:12 Discussion Summary: Deputy Controller Scott Andrew was present but did not have anything to add. Motion to Approve: Alderperson Cantelmo Seconded by: Alderperson Nguyen Vote Passed 7-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X No report from the City Controller. Note: Phoebe Brown has rejoined the meeting. Votes will be an 8-count vote. Agenda Item: Member filed resolution – 7.1 – Resolution approving 2022 Workplan for CJC YouTube Timestamp: 59:10 Discussion Summary: McGonigal asked which workplan has the $80,000? Is it part of both 2022 and 23? Or just 22? Monalita Smiley: 2022 workplan is where traffic control study can support. Work to be done in 23 plan. Initial funding is on 22 workplan. McGonigal moved to approve the workplan without the additional $80,000. Barken seconded. Lewis asked how the funds are being used? Smiley: Funds aren’t being used because plans haven’t been voted on. One component to an overall plan. Part of the whole picture, work to be done. 22 and 23 workplans go hand in hand. Brown: Squabbling about $80,000? This is a slap in the face fro the Black Community because RPS has not been the same as the city’s study. What happens when Black communities asks for help in this community? Share the $80,000, $160,000 total, county putting in the other $80,000. Why can’t the city put in the money? McGonigal: Don’t consider this a slap in the face at all. Show me what this outside consultant is going to do with the money, then I’d be willing to hear it. I don’t see how a traffic study in the city is going to promote the RPS. Brown: It’s going to be studying the results and endgame of the Black and Brown community. McGonigal: Results of what? Brown: Study will evaluate the difference of stopping white drivers and Black and Brown drivers. Study has not been done. McGonigal: respectfully don’t think what this study is designed to do. Gearhart: Encouraged by the fact Smiley has talked about other studies going on. McGonigal withdrew his amendment. Motion to Approve: Acting Mayor Lewis Seconded by: Alderperson Cantelmo Vote Passed 8-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Agenda Item: Member filed resolution 7.2 – Approving 2023 Workplan YouTube Timestamp: 1:15.22 Discussion Summary: None. Motion to Approve: Acting Mayor Lewis Seconded by: Alderperson Cantelmo Vote Passed 8-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Agenda Item: Member filed Resolution 7.3 – Funding for hiring outside legal counsel for ethics investigation YouTube Timestamp: 1:16.55 Discussion Summary: None. Motion to Approve: Acting Mayor Lewis Seconded by: Alderperson Cantelmo Vote Passed 8-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X Agenda Item: Mayor’s Appointments: 8.1 – Appointment to Ithaca Landmarks Preservation Committee; 8.2 – Appointment to Ithaca Housing Authority; 8.3 – Appointment to Cable Access Oversite Committee YouTube Timestamp: 1:19.37 Discussion Summary: None. Motion to Approve: Alderperson Cantelmo Seconded by: Alderperson Nguyen Vote Passed 8-0 Member Approve Deny Abstain Table Cynthia Brock George McGonigal X Phoebe Brown X Ducson Nguyen X Jeffrey Barken X Rob Gearhart X Jorge DeFendini Patrick Mehler X Robert Cantelmo X Laura Lewis X 8.4-8.5 were pulled from the agenda. Liaison reports: McGonigal: Meeting next week, getting close to recommendation. Hope to be done after February. City Clerk: Nothing to report. City Attorney: Nothing to report. Alderperson Nguyen motioned to move into Executive session. Alderperson Gearhart seconded. No voting items after executive session. Meeting adjourned: Time of adjournment is unknown. Meeting went into executive session and the recording stopped. COMMON COUNCIL AGENDA ITEMS REVISED Date: 12-07-2022 Time: 6:00 PM Location: Common Council Chambers City Hall, 108 E. Green Street, Ithaca Item Voting Item Presenter(s) Time Allotted CALL TO ORDER 1.1 Additions to or Deletions from the Agenda 1.2 Reports of Municipal Officials No Mayor Elect Lewis 10 Mins 2.1 Petitions and Hearings of Persons before Council 2.2 Privilege of the Floor – Mayor and Council No No *Note: See instructionson how to participateon page 3 of the agenda. 40 Mins CONSENT AGENDA 3.1 DPW – 2023 SMART Grant Resolution 3.2 DPW – 2023 Parking Rates - Resolution 3.3 DPW – Inter City Bus Analysis - Resolution 3.4 DPW - Agreement with the City of Ithaca School District and a Stormwater Easement With Founders Way – Declaration of Lead Agency 3.5 DPW - Authorize a Reciprocal Easement Agreement with Ithaca City School District – Negative Declaration of Environmental Significance 3.6 DPW - Authorize a Reciprocal Easement Agreement with Ithaca City School District to Facilitate Construction of a Gymnasium for the Greater Ithaca Activities Center 3.7 Ordinance Amending Ithaca City Code Chapters 146, “Building Code Enforcement,” and 181, “Fire Prevention,” to Conform with Revised 19 NYCRR Part 1203 3.8 An Ordinance Amending the Ithaca City Code Section 346-6, Speed Limits – Declaration Of Lead Agency 3.9 An Ordinance Amending the Ithaca City Code Section 346-6, Speed Limits – Negative Declaration Of Lead Agency 3.10 An Ordinance Amending the Ithaca City Code Yes Common Council 5 Mins Item Voting Item Presenter(s) Time Allotted Section 346-6, “Speed Limits” 3.11 DPW – Provide Funds for the Replacement of Speed Limit Signs 3.12 Finance – Authorization to Cover Red Accounts -Resolution 3.13 Finance – Approval of 2022-2023 Civil Service Agreement with the Ithaca city School district – Resolution 3.14 Finance – Approval of NYCLASS Municipal Cooperation – Resolution PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 4.1 City of Ithaca CCA Local Law – from October 2022 PEDC Meeting 4.2 Public Safety Facility – Allocation of Funding for Property Acquisition and Associated Costs Yes Yes Sustainability Planner Rebecca Evans Director of Planning and Development/ Lisa Nicholas and City Attorney Ari Lavine 15 Mins 10 Mins EXECUTIVE SESSION 5.1 Motion to Enter into Executive Session to Discuss Personnel Matters No Mayor Elect Lewis 30 Min CITY ADMINISTRATION COMMITTEE 6.1 DPW- Request an Increased Authorization for The Black Diamond Trail Bridge Over the Flood Control Channel Project CP#851-Resolution 6.2 IPD – Approval to Receive Grant Funds from U.S. Department of Homeland Security – Resolution 6.3 Funding for The Mayor to Retain Outside Council to Conduct Labor Relations Negotiations Contracts – Resolution 6.4 Finance – Approval of 2020 City Single Audit – Resolution 6.5 City Controller’s Report Yes Yes Yes Yes No Director of Engineering Tim Logue Acting Police Chief John Joly Mayor Elect Lewis Deputy Controller Scott Andrew Deputy Controller Scott Andrew 10 Mins 10 Mins 10 Mins 5 Mins 10 Mins MEMBER FILED RESOLUTIONS 7.1 Resolution Approving 2022 Workplan for Community Justice Center 7.2 Resolution Approving 2023 Workplan for Community Justice Center Yes Yes Mayor Elect Lewis Mayor Elect Lewis 5 Mins 10 Mins Item Voting Item Presenter(s) Time Allotted MAYOR’S APPOINTMENTS 8.1 Appointment to the Ithaca Landmarks Preservation Commission 8.2 Appointment to the Ithaca Housing Authority 8.3 Appointment to the Cable Access Oversight Committee Yes Mayor Elect Lewis 10 Mins REPORTS FROM COUNCIL & STAFF 9.1 Reports of Special Committees 9.2 Reports of Common Council Liaisons 9.3 Report of City Clerk 9.4 Report of City Attorney No Common Council and Staff 10 Mins NEW BUSINESS 10.1 None MEETING WRAP-UP 11.1 Adjournment No Mayor Elect Lewis 5 Mins Hybrid Meetings Common Council has resumed meeting in person; however, due to limited seating capacity in Common Council Chambers, city staff and members of the public are encouraged to participate remotely if they would like to. How to Participate in Public Comment Virtually Email Common Council Through the Agenda Link Written comments can be submitted to Common Council using this form: Common Council Public Comment Form 3.1 2023 SMART Grant – Resolution WHEREAS, The City of Ithaca seeks to improve the performance of public transit and emergency response, and WHEREAS, the Strengthening Mobility and Revolutionizing Transportation (SMART) grant would allow the City to support these goals, and WHEREAS, the SMART grant is fully reimbursable and requires no local match, and therefore, be it RESOLVED, That Common Council hereby authorizes spending in the first instance to support this grant in the amount of up to $1,782,310, and be it further RESOLVED, That Common Council hereby establishes capital project CP #918 SMART Grant in the amount not to exceed $1,782,310, contingent on grant approval, and be it further RESOLVED, That funds needed for said Transportation project shall be derived from the issuance of serial bonds with later repayment from grant funds. CITY OF ITHACA PARKING DIVISION c/o 108 E. Green Street Ithaca, New York 14850-6590 PARKING DIVISION LOCATION 202 E. Seneca Street Telephone: 607/882-2351 Fax: 607/274-6587 To: City Administration Committee Members From: Eric Hathaway, Director of Transportation and Parking Date: November 14, 2022 Re: SMART Grant Parking/Transportation staff recently submitted an application for the United States Department of Transportation’s (USDOT) Strengthening Mobility and Revolutionizing Transportation (SMART) grant. The grant would allow the City to work with The Ithaca City School District, Ithaca Fire Department and TCAT to enhance public transit and emergency response performance through the use of recent technological advances. The total amount being requested is $1,782,310 There is no local match requirement, so this request is for money to be reimbursed fully by the USDOT. The grant money would be used to equip City and New York State Department of Transportation traffic signals and IFD/TCAT vehicles with transit signal priority and preemption capabilities. This would allow buses and emergency response vehicles to request priority for green operation over other approaches, thereby reducing delay. This is consistent with City policies that seek to encourage public transportation and enhance safety. We thank you for your consideration of our request. Common Council – City Administration Committee November 2, 2022 3.2 2023 Parking Rates – Resolution WHEREAS, Common Council has considered the proposed 2023 rates for municipal parking facilities in order to meet the adopted 2023 budget revenue projection, and WHEREAS, parking rates have not been revised since 2020 except for contractual Consumer Price Index (CPI) changes, and WHEREAS, the Consumer Price Index since 2020 has increased by 13.9% (CPI-U, northeast region), and WHEREAS, the following chart contains the entire rate structure for all rates within the City for 2023, and therefore, be it RESOLVED, That Common Council hereby adopts the proposed 2023 parking rates as follows in the attached table; and, be it further, RESOLVED, That all rates shall go into effect January 1, 2023, and shall remain until Common Council directs otherwise. Monthly Permits Actual 2022 Rates Effective 1/1/22 Proposed 2023 Rates Effective 1/1/23 Amount Changed Seneca Garage, Day and Night All Levels, Full Access (24/7) $100.00/mo $105.00/mo 5% Increase Contract with Hotel1 $60.99/mo $62.82/mo 3% Increase Contract with Cascade Plaza, LLC $100.00/mo $105.00/mo 5% Increase Green Street Garage, Day and Night All Levels, Full Access $100.00/mo $105.00/mo 5% Increase Contract with Cascade Plaza, LLC2 $60.12/mo $68.48/mo 13.9% CPI increase Cayuga Street Garage, Day and Night All Levels, including long-term storage $75.00/mo $83.00/mo 10.6% Increase Worker’s Special (M-F/10 hrs/day, 210 hrs/mo) $62.00/mo $72.00/mo 16% Increase Contract Cornell Rate $59.91/mo $64.51/mo 7.7% Increase Contract with County (Library)3 $75.00/ mo $83.00/mo 10.6% Increase TC35 $68.84/mo $73.04/mo 88% of posted rate Premium Area Rates $135.00/mo $150.00/mo 18% Increase Dryden Road Garage Full Access (24/7) $200.00/mo $210.00/mo 5% Increase Worker’s Special (210 hrs/mo) $159.50/mo $167.47/mo 5% Increase Other Non-Meter Permit Parking Contract with County (DSS)3 $55.62/mo $58.40/mo 5% Increase 611 Buffalo St. Parking Lot Permit $30.00/mo $31.50/mo 5% Increase Weekly Rates Actual 2022 Rates Effective 1/1/22 Proposed 2023 Rates Effective 1/1/23 Amount Changed Seneca Garage, Day and Night $33.00 $35.00 6% Increase Green Street Garage, Day and Night $33.00 $35.00 6% Increase Dryden Road Garage, 24 Hours $61.00 $64.00 5% Increase Hourly Rates4 Actual 2022 Rates Effective 1/1/22 Proposed 2020 Rates Effective 1/1/23 Amount Changed Seneca, Green, Cayuga Street Garages5 Per hour $1/hour $1/hour No Change Maximum $10/day $10/day No Change Dryden Road Garage 0 – 24 $1/hour $1/hour No increase Maximum $15/day $15/day No Change Special Event Rate (weekend day entrance fee, 24 hour parking limit) Downtown garages $5 $5 No Change Parking Meters and Pay and Display Downtown $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. No Change Collegetown $1.50/hr 2 hr. max. $1.50/hr 2 hr. max. No Change Thurston & Stewart Ave. & Edgemoor $0.75/hr 9 hr. max. $0.75/hr 9 hr. max. No Change Foot Notes 1 – Volume discount rate for 104 spaces – see contract dated June 6, 2006. Rate adjustment annually on 8/1 based on average increase in other rates, but not more than 3% 2 – Up to 100 permits in Seneca Street Garage at posted rate (except handicap permits, are at special Cayuga Garage rate); up to 20 permits in Green Street Garage (these permits will not be usable at any other garage), up to 150 permits in Cayuga Street Garage, total not to exceed 250 permits. Right to purchase additional 150 permits at posted rates – see contract dated June 6, 2006. Rate to change for first 250 permits after August 1, 2007, “from time to time” based on percentage change in the CPI between adjustment dates. During reconstruction of the Green Street Garage (anticipated March 2021- September 2023) the three existing permit holders in Green Street garage will be permitted in the Seneca Street Garage for the Green Street Garage rate of $68.48/month. 3 – Commencing in 2015, the rate for County’s Mental Health and Library employees is 100% of the market rate. 4 – Fees charged: Downtown garages 2:00 a.m. to 11:00 p.m., Monday through Friday: Dryden Road garage, 24 hours / 7 days. 5 – The City has an agreement with TC3 that allows TC3 to issue passes for students, clients, and customers, for which the City charges TC3 88% of posted rates for the accumulated parking fees. CITY OF ITHACA PARKING DIVISION c/o 108 E. Green Street Ithaca, New York 14850-6590 PARKING DIVISION LOCATION 202 E. Seneca Street Telephone: 607/882-2351 Fax: 607/274-6587 To: City Administration Committee Members From: Eric Hathaway, Director of Transportation and Parking Date: November 8, 2022 Re: Resolution Regarding 2023 Parking Rates Attached is a resolution with proposed 2023 on-street and off-street rates for parking in the City of Ithaca. The City-owned garages (Seneca, Green, Dryden) will increase rates by five percent, as no public rate increases were introduced in 2021 or 2022. The proposed Cayuga Street Garage rates were suggested by the operators of the Cayuga Street Garage (All-Pro Parking) in an effort to bring their monthly rates closer to those at nearby downtown garages. There are other rates contracted with Cornell University and with the Hilton Garden Inn that have been adjusted per the maximum allowed annual increase. Thank you for your consideration and I welcome any questions. 3.3 Inter-City Bus Analysis – Resolution WHEREAS, The City of Ithaca seeks to improve operations of inter-city buses in downtown, and WHEREAS, the existing operations on E Green Street and E Seneca Street lack the ability to accommodate any future expansion of bus operation, have very little nearby parking for pick-up drop-off of passengers, offer no amenities or shelter for passengers and are close to adjacent high-traffic roadways, and WHEREAS, the City of Ithaca has collected permit fees from the bus operators for several years and these funds can be used for improvement of inter-city bus operations, and therefore, be it RESOLVED, That Common Council hereby authorizes up to $50,000 of the bus permit income to analyze up to four locations, including a rebuild of the Seneca Street Garage, for feasibility as an alternative to the existing inter-city bus operations on E Green and E Seneca Streets. CITY OF ITHACA PARKING DIVISION c/o 108 E. Green Street Ithaca, New York 14850-6590 PARKING DIVISION LOCATION 202 E. Seneca Street Telephone: 607/882-2351 Fax: 607/274-6587 To: City Administration Committee Members From: Eric Hathaway, Director of Transportation and Parking Date: November 15, 2022 Re: Resolution Regarding Inter-City Bus Analysis In the summer of 2018, the West State Street bus depot closed and city staff facilitated the relocation of the intercity buses to downtown. Initially, buses operated only at 131 E Green Street, which was already accommodating two intercity bus providers. Operation of inter-city buses has continued at that location since that time and one of the operators, OurBus, now operates at 130 E Seneca Street. The buses pay a permit to the City to operate their trips on our street network. The current inter-city bus locations on E Green Street and E Seneca Street lack the ability to accommodate any future expansion of bus operation, have very little nearby parking for pick-up drop-off of passengers, offer no amenities or shelter for passengers and is close to adjacent high-traffic roadways. However, the location in downtown has been a boost to local businesses and provides efficient transfers to TCAT operations. I request that Common Council allocate up to $50,000 of the received permit funds for development of planning level design documents to determine a viable alternative location for operation of the inter-city buses. One location will be the existing Seneca Street Garage, which will likely be redeveloped in the next 10 years. We will determine how a street-level bus operation would interact with public parking above and explore potential for multi-use development space. We will work with a consultant to identify up to three other locations (on or off-street) in the City of Ithaca to determine feasibility of accommodating inter-city bus operations. It should be noted that income from bus permits significantly exceed the requested funds. Thank you for your consideration of this request. 3.4 A Resolution to Authorize a Reciprocal Easement Agreement with Ithaca City School District and a Stormwater Easement with Founders Way – Declaration of Lead Agency WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Section 176-6 of the City Code, Environmental Quality Review, require that a lead agency be establishedfor conducting environmental review of projects in accordance with local and state environmentallaw, 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, Common Council proposes to authorize a reciprocal easement agreement between the City of Ithaca and the Ithaca City School District for the exchange of subsurface permanent easements on parcels of land located at 318 N. Albany Street (Tax Parcel 60.-2-7.1) and 308 N. Albany Street (Tax Parcel 60.-2-7.2), as well as for a temporary easement on ICSD property, and WHEREAS, Ithaca Neighborhood Housing Services, Inc. is the fee simple owner of certain parcels of real property located in the City of Ithaca and designated as tax parcels 60.-2-5.21, 60.-2-5.22, and 60.-2-5.26, subject to the Declaration of Condominium Establishing Founders WayCondominium as recorded in the Tompkins County Clerk’s Office on June 18, 2021 as InstrumentNumber 2021-06800 (“Founders Way”); and WHEREAS, Common Council also proposes to authorize a permanent stormwater easement through the Founders Way project to the west in order to provide drainage to the City’s stormwater system on North Plain Street, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance § 176-4 and the State Environmental Quality Review Act § 617.4 b. and is subject to environmental review, now, therefore, be it RESOLVED, that the City of Ithaca Common Council, as the agency having primary responsibility for approving and funding or carrying out the action does, by way of this resolution, declare itself Lead Agency in Environmental Review for the Reciprocal Easement Agreement with Ithaca City School District, a temporary construction easement with ICSD and a permanent stormwater easement with Founders Way. 3.5 A Resolution to Authorize a Reciprocal Easement Agreement with Ithaca City School District – Negative Declaration of Environmental Significance WHEREAS, Common Council proposes to authorize a reciprocal easement agreement between the City of Ithaca and the Ithaca City School District for the exchange of subsurface easements on parcels of land located at 318 N. Albany Street (Tax Parcel 60.-2-7.1) and 308 N. Albany Street (Tax Parcel 60.-2-7.2), and WHEREAS, Common Council proposes to accept a temporary construction easement on the Ithaca City’s School District’s property, and WHEREAS, Common Council proposes to authorize a permanent easement agreement with Ithaca Neighborhood Housing Services, subject to their Declaration of Condominium Establishing Founders Way Condominium, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b and is subject to environmental review, and WHEREAS, Common Council, as the agency having primary responsibility for approving and funding or carrying out the action did, on December 7, 2022, declare itself Lead Agency in Environmental Review, and WHEREAS, Common Council, acting as Lead Agency, has, on December 7, 2022, reviewed and accepted as complete a Short Environmental Assessment Form (“SEAF”) prepared by City staff and other related materials, and WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the Environmental Information and potential environmental impacts associated with the action, has determined, as more clearly elaborated in the SEAF, that the proposed action to accept and execute the above noted easements will not have any potentially significant adverse environmental impacts, now, therefore, be it RESOLVED, that Common Council determines that the proposed easements will result in no significant adverse impact on the environment and this resolution, which was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with CEQRO and SEQRA. 3.6 A Resolution to Authorize a Reciprocal Easement Agreement with Ithaca City School District to Facilitate Construction of a Gymnasium for the Greater Ithaca Activities Center WHEREAS, the City of Ithaca (“City”) holds title to parcels of land at 321 Court Street (Tax Parcel 60.-2-5.1) (“Gym Parcel”) and 318 N. Albany Street (Tax Parcel 60.-2-7.1) (“GIAC Parcel”), and WHEREAS, the Ithaca City School District (“ICSD”) holds title to a parcel of land at 308 N. Albany Street (Tax Parcel 60.-2-7.2) (“ICSD Parcel”), and WHEREAS, the City desires to renovate and expand a gymnasium located on the Gym Parcel for the use of the Greater Ithaca Activities Center, which will require the placement of certain subsurface improvements and utilities beneath the ICSD Parcel; and WHEREAS, the City desires to obtain, and ICSD is willing to grant, a permanent easement from ICSD for the purpose of locating said improvements and utilities and a temporary easement for the purpose of constructing the same; WHEREAS, ICSD desires to obtain, and the City is willing to grant, a permanent easement beneath the GIAC Parcel roughly equivalent in area to and on similar terms as the permanent easement sought by the City beneath the ICSD Parcel; and WHEREAS, General Municipal Law 72-h authorizes the exchange of real property and interests therein between cities and school districts; and WHEREAS, City staff and ICSD have negotiated a reciprocal easement agreement (“REA”) setting forth mutually agreeable terms for the exchange of easements on the ICSD Parcel and the GIAC Parcel, a copy of which is appended to this Resolution; and WHEREAS, Ithaca Neighborhood Housing Services, Inc. is the fee simple owner of certain parcels of real property located in the City of Ithaca and designated as tax parcels 60.-2-5.21, 60.-2-5.22, and 60.-2-5.26, subject to the Declaration of Condominium Establishing Founders Way Condominium as recorded in the Tompkins County Clerk’s Office on June 18, 2021 as Instrument Number 2021-06800 (Founders Way Parcel); and WHEREAS, the City desires to obtain, and INHS is willing to grant, a permanent stormwater easement through the Founders Way project to allow for stormwater drainage to the City’s stormwater drainage network in North Plain Street, and WHEREAS, on December 7, 2022, the Common Council of the City of Ithaca, acting as lead agency in environmental review, determined that the proposed action will result in no significant adverse impact on the environment; be it hereby RESOLVED, that the Mayor, in consultation with the City Attorney, is authorized to execute a reciprocal easement agreement in a form substantially similar as the draft appended hereto, and a temporary construction easement, as well as any such additional documents as shall be necessary to effectuate the transfer of the easements on the ICSD Parcel and GIAC Parcel, and, be it further RESOLVED, that the Mayor, in consultation with the City Attorney, is authorized to execute a permanent stormwater easement agreement in a form substantially similar as the draft appended hereto, as well as any such additional documents as shall be necessary to effectuate the easement on the Founders Way Parcel and GIAC Parcel 1 EASEMENT FOR STORMWATER DRAINAGE THIS EASEMENT FOR STORMWATER DRAINAGE (this “Easement”) is made and entered into this _____ day of ______, 2022, by and between the Board of Managers on behalf of the Founders Way Condominium (“Founders Way”) and the CITY OF ITHACA (the “City”), a municipal corporation organized under the laws of the State of New York. Founders Way and the City may be referred to herein individually as a “Party” and collectively as the “Parties”. Preliminary Statement WHEREAS, Ithaca Neighborhood Housing Services, Inc. is the fee simple owner of certain parcels of real property located in the City of Ithaca and designated as tax parcels 60.-2-5.21, 60.-2-5.22, and 60.-2-5.26, as more particularly described on Exhibit A to this Easement, subject to the Declaration of Condominium Establishing Founders Way Condominium as recorded in the Tompkins County Clerk’s Office on June 18, 2021 as Instrument Number 2021- 06800 (the “INHS Property”); and WHEREAS, the City is the fee simple owner of that certain parcel of real property located in the City of Ithaca and designated as tax parcel 60.-2-5.1, as more particularly described on Exhibit B to this Easement (the “City Property”); and WHEREAS, Founders Way desires to grant the City an easement for stormwater drainage and related facilities over, upon, across, under, and through a portion of the Parcels as more particularly described and depicted as the “Easement Area” on Exhibit C attached hereto (the “Easement Area”); NOW, THEREFORE, for and in consideration of the terms contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1.Stormwater Drainage Easement. Founders Way grants and releases unto the City,its successors and/or assigns, forever, a perpetual, nonexclusive easement for stormwater drainage over, upon, across, under, and through the Easement Area, for the benefit of the City and its employees, contractors, and agents for the purpose of constructing, reconstructing, operating, maintaining, repairing, replacing, and/or removing stormwater drainage facilities, for the flow of stormwater drainage through the Easement Area. Such facilities may include, but shall not be limited to, the placement of a perforated underdrain and drain inlets within the Easement Area. This Easement shall include the right to discharge stormwater from the City Property into any stormwater drainage facilities located on INHS Property. Any such stormwater drainage facilities located on INHS Property into which City stormwater is discharged pursuant to this easement shall be referred to as “Shared Stormwater Facilities.” This Easement shall further include the right of access over and across the INHS Property as reasonably necessary to access the Easement Area. 2.Costs and Maintenance. The City shall bear the costs of installation and maintenance of any stormwater drainage facilities in the Easement Area. The costs of 2 installation and maintenance of stormwater drainage facilities located on the INHS Property but located outside of the Easement Area shall be borne as follows: A.Founders Way shall bear the costs of installing and maintaining all facilities that are not Shared Stormwater Facilities as described in this Easement. B.Founders Way shall bear the costs of installing new Shared StormwaterFacilities unless otherwise agreed to by the Parties in writing. C.The cost of maintenance, repair, and/or replacement of Shared Stormwater Facilities shall be borne as follows: i.If the need for maintenance, repair, or replacement of the SharedStormwater Facility arises due to an event or condition that occurs on the City Property, the City shall bear the costs for such maintenance, repair, or replacement. ii.If the need for maintenance, repair, or replacement of the Shared Stormwater Facility arises due to an event or condition that occurs on the INHS Property, Founders Way shall bear the costs for such maintenance, repair, or replacement. iii.If the need for maintenance, repair, or replacement of the SharedStormwater Facility arises due to an event or condition that occurs in the Easement Area, or in the event that the cause of the need cannot be determined, the costs for such maintenance, repair, or replacement shall be split evenly between the City and Founders Way. The Party discovering the need for maintenance, repair, or replacement of Shared Stormwater Facilities shall notify the other Party of such need as soon as is reasonably practicable, and in no event any later than thirty days after discovery. The Parties shall cooperate in good faith to determine the origin of such need and to conduct any required repairs in a timely and cost-effective matter. 3.No Interference. No Party hereto shall erect, construct or develop any buildings,structures or improvements within the Easement Area that interfere with the exercise of the other’s rights hereunder or with the use of or access to the Easement Area, and no Party shall use the Easement Area or any part thereof in a manner that interferes with the exercise of the other’s rights hereunder or with the use of or access to the Easement Area. 4.Legal Action. In the event a Party is required to pursue legal action to enforce therights or obligations described herein, the prevailing Party shall be entitled to receive from the others (and a court order for) reimbursement of the value of prevailing Party’s reasonable attorneys’ fees and disbursements incurred in connection with the prosecution or defense of such claim, as the case may be. Each Party shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach, or enforce the observance of, the restrictions, obligations, covenants, and rights contained in this Easement in addition to all other remedies available at law or in equity. 5.Jury Trial. The Parties hereto waive all rights to a jury in any action brought under or in connection with this Easement. 3 6. Binding Effect. This Easement shall be binding upon and shall inure to thebenefit of each of the Parties hereto and their respective successors and assigns and shall burden and run with the title to the Parcels. 7. Amendment. This Easement may be amended, modified, or changed only bywritten instrument executed by all Parties. 8. Headings. Section and other headings contained in this Easement are forreference purposes only and are not intended to describe, interpret, define, or limit the scope, extent or intent of this Easement or any provision hereof. Every covenant, term, and provision of this Easement shall be construed simply according to its fair meaning and not strictly for or against any Party. 9.Severability. If any provision of this Easement or the application thereof to anyperson or circumstance for any reason and any extent shall be held invalid or unenforceable, the remainder of this Easement shall not be affected thereby, but rather is to be enforced to the greatest extent permitted by law. 10.Entire Agreement. This Easement represents the entire understanding andagreement among the Parties with respect to the subject matter hereof and supersedes all other negotiations, understandings, and representations (if any) made by and among such Parties. 11. Counterparts; Signatures. This Easement may be executed in any number of counterparts with the same effect as if all of the Parties hereto had signed the same document. All counterparts shall be construed together and shall constitute one agreement. 12. Governing Law. This Easement shall be governed by and construed inaccordance with the laws of the State of New York. [SIGNATURES ON FOLLOWING PAGE] 4 IN WITNESS WHEREOF, the Parties have executed, sealed, and delivered this Easement as of the day and year first above written. Board of Managers on behalf of the Founders Way Condominium By: Name: Title: Authorized Signatory CITY OF ITHACA By: Name: Title: STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS On the _____ day of __________, in the year 2022 before me, the undersigned, a Notary Public in and for said State, personally appeared _________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ____________________________________ Notary Public STATE OF NEW YORK ) COUNTY OF TOMPKINS ) SS On the _____ day of __________, in the year 2022 before me, the undersigned, a Notary Public in and for said State, personally appeared ____________________ personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument ____________________________________ Notary Public 5 EXHIBIT A DESCRIPTION OF THE INHS PROPERTY 6 EXHIBIT B DESCRIPTION OF THE CITY PROPERTY 7 EXHIBIT C DESCRIPTION AND DEPICTION OF THE EASEMENT AREA "An Equal Opportunity Employer with a commitment to workforce diversification." CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 Department of Public Works - Engineering Division Telephone: 607 / 274-6530 Fax: 607 / 274-6487 To: City Administration Committee From: Tim Logue, Director of Engineering Date: November 16, 2022 Re: GIAC teen center & gym project The City purchased the former Immaculate Conception gymnasium in April 2020 from Ithaca Neighborhood Housing Services (INHS) with the intention of expanding GIAC program spaces, particularly for the teen program. In schematic design for the building renovation, however, we came to realize that the existing building is not quite large enough to accommodate a full-size basketball court, let alone the needed program space for GIAC’s mission. So, we started looking at expanding the building, especially on the east and south sides of the building. In order to accommodate this expansion, we explored a path to purchase property from the Ithaca City School District, but, as you may know, the proposed sale failed at a public referendum in May. Since then, we have redesigned the project a bit and worked further with the school district to allow for an underground permanent easement swap that was recently approved by the District’s Board of Education. We now need Common Council to approve this easement swap and to authorize the Mayor to sign documents on behalf of the City. Similarly, when we purchased the property, it was not understood that there is not a storm sewer system in Court Street on the north side of the building. In order to drain the roof and a small patch of grass on the south side of the building, we have worked with INHS on an easement to allow a storm sewer connection through the Founder’s Way project (the former Immaculate Conception site) in order to reach the City storm sewer main on North Plain Street. We now need Common Council to approve this easement with Founder’s Way and to authorize the Mayor to sign documents on behalf of the City. Please find attached a draft resolution to allow this project to move forward. Also included is the environmental review forms & resolutions. Our intent is to bid this project this winter and get into construction next year. Page 1 of 3 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 government 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) ownedor controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, are adjoining or near the proposed action: 5.Urban Rural (non-agriculture) Industrial Commercial Residential (suburban) Aquatic Other(Specify):□Forest Agriculture □Parkland SEAF 2019 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 services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposedaction? 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 archaeological sites on the NY State Historic Preservation Office (SHPO) archaeological site inventory? NO YES 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, containwetlands 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 12.a. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site, or any portion of it, located in or adjacent to an area designated as sensitive for Page 3 of 3 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 orFederal government as threatened or endangered?NO YES 16.Is the project site located in the 100-year flood plan?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? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)?If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 18.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g., retention pond, waste lagoon, dam)?If Yes, explain the purpose and size of the impoundment:______________________________________________ ____________________________________________________________________________________________ _ 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 orcompleted) for hazardous waste?If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor/name: ____________________________________________________ __________________________ Signature: _____________________________________________________Title:__________________________________ 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 zoningregulations? 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 theestablishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic oraffect 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 incorporatereasonably 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 drainageproblems? 11.Will the proposed action create a hazard to environmental resources or human health? SEAF 2019 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: 2 14925613.3 the purpose of forever maintaining, repairing, replacing, enlarging or improving the whole or any portion of same from time to time as the City may decide or require, together with all of the rights, privileges and appurtenances incident and necessary to the enjoyment of this Utility Easement, and together with the right of ingress and egress to and from the City Easement Area over and across the District Parcel in order to carry out the purposes as set forth in this paragraph. 2.Easement for Encroachment The District hereby grants and conveys to the City and the City Parties a permanent, non-exclusive easement under the City Easement Area to install, maintain, use, repair and replace underground supports (footers) and associated drainage of the supports to the City's building located on the City Parcel (the "Encroachment Easement"), which the City intends to expand following the date of this Agreement. The underground supports (footers) and associated drainage of the supports shall not extend more than three (3) feet into the City Easement Area. The grant of this Encroachment Easement shall be together with all of the rights, privileges and appurtenances incident and necessary to the enjoyment of this Encroachment Easement, and together with the right of ingress and egress to and from the City Easement Area over and across the District Parcel in order to carry out the purposes as set forth in this paragraph. 3. Temporary Construction Easement. The District further grants and conveys to the City and City Parties a temporary construction easement (the "Temporary Construction Easement") over and upon the District Parcel together with the right of ingress and egress to and from, over, under and upon the area as depicted and defined in the attached Exhibit B (the "Construction Easement Area"), for all purposes set forth in paragraphs 1 and 2 of this Agreement and incidental thereto until such time as the City's required activities within the Construction Easement Area have been completed. At the termination of any temporary occupancy hereby authorized, the City will restore and replace, as applicable and as necessary, at its own expense, the District Parcel and any improvements thereon to as good of condition as before Grantee's disturbance of the same. 4.Grant of Easement from the City to the District. The City hereby grants and conveys to the District, its employees, agents, contractors, customers, invitees and licensees, a permanent, non-exclusive easement (the "District Easement") under the area as shown and described on the attached Exhibit A (the "District Easement Area"), for any purposes which the District deems necessary or proper, together with all of the rights, privileges and appurtenances incident and necessary to the enjoyment of this District Easement, and together with the right of ingress and egress to and from the District Easement Area over and across the City Adjacent Parcel in order to carry out the purposes as set forth in this paragraph. 5.Non-Exclusivity. 14925613.3 RECIPROCAL EASEMENT AGREEMENT This Reciprocal Easement Agreement (the "Agreement") is made as of this __day of __________, 2022 by and between the ITHACA CITY SCHOOL DISTRICT, a public school district organized under the laws of the State of New York having an address of 400 Lake Street, Ithaca, New York 14850 (the "District"), and THE CITY OF ITHACA, a municipal corporation having an address of 108 East Green Street, Ithaca, New York 14850 ("City"). RECITALS A.The District is the holder of fee simple title to the parcel of land commonlyknown as 308 Albany Street North, in the City of Ithaca, County of Tompkins and State of New York, having tax map identification number 60.-2-7.2 by virtue of a deed, a portion of such parcel being shown on the attached Exhibit A and Exhibit B. Such parcel shall hereinafter be referred to as the "District Parcel". B.The City is the holder of fee simple title to the parcel of land commonly known as 321 Court Street in the City of Ithaca, County of Tompkins and State of New York, having tax map identification number 60.-2-5.1, as further described in a deed dated April 24, 2020 and recorded in the Tompkins County Clerk's Office on April 28, 2020 at Instrument Number 2020-03859, which parcel is adjacent to the District Parcel on the District Parcel's westerly border. Such parcel shall hereinafter be referred to as the "City Parcel". C.The City is also the holder of fee simple title to the parcel of land commonlyknown as 318 Albany Street North in the City of Ithaca, County of Tompkins and State of New York, having tax map identification number 60.-2-7.1, as further described in a deed dated July 7, 1981 and recorded in the Tompkins County Clerk's Office on October 2, 1981 in Book 586 of Deeds at page 15, which parcel is adjacent to the District Parcel on the District Parcel's easterly border. Such parcel shall hereinafter be referred to as the "City Adjacent Parcel". C.In connection with the developing uses of the District Parcel and the City Parcel,the District desires to grant to the City certain easements over the District Parcel for the benefit of the City Parcel and the City desires to grant the District an easement over the City Adjacent Parcel for the benefit of the District Parcel. NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, it is agreed as follows: 1.Grant of Utility Easement from the District to the City. The District hereby grants and conveys to the City, its employees, agents and contractors (the "City Parties"), a permanent, non-exclusive utility easement (the "Utility Easement") under the area depicted and described on the attached Exhibit A (the "City Easement Area") to construct, maintain, reconstruct, repair, use, lay, place and remove one or more lines of utilities, along with connections and appurtenances thereto (collectively, the "Utilities"), for the collection, transmission, transportation and distribution of utilities serving the City Parcel and for 3 14925613.3 The District and the City reserve the right to use and authorize others to use, respectively, the City Easement Area and District Easement Area for any and all uses which are not inconsistent with and which will not unreasonably interfere with the easements granted herein. 6.Maintenance and Repair. Subject to each party's responsibility to restore any land or improvements on the other's parcel as required herein, the District and the City shall be responsible for general maintenance of the easement areas on their own parcels; provided, however, each party shall be responsible for maintaining any improvements installed by it within the respective easement area on the other's parcel. Notwithstanding the foregoing, if maintenance or the need for repair is the direct result of the actions of the other party or its employees, agents, contractors, customers, invitees or licensees, the party causing such need for maintenance or repair shall be responsible for the cost thereof. 7.Indemnities. (a)The City covenants and agrees to save and keep harmless and indemnify the District of, from and against any and all liabilities, losses, damages, costs, expenses, causes of action, suits, penalties, claims, demands, and judgments of every kind and nature, including, without limitation, attorneys' fees and expenses of defense, arising out of or in connection with the use or occupancy of the City Easement Area and the Construction Easement Area by the City and any of its agents, employees, lessees, sublessees, contractors, subcontractors, licensees and invitees. The City shall defend and save the District harmless and indemnified from and against all injury, death, loss, claims, costs or damages, direct or indirect (including, without limitation, attorneys' fees and disbursements), to any person or property, arising from, related to, or in connection with the use or occupancy of City Easement Area and the Construction Easement Area by the City and any of its agents, employees, lessees, sublessees, contractors, subcontractors, licensees and invitees, unless caused by the willful acts or negligence of the District, its employees or agents. (b)The District covenants and agrees to save and keep harmless and indemnify the City of, from and against any and all liabilities, losses, damages, costs, expenses, causes of action, suits, penalties, claims, demands, and judgments of every kind and nature, including, without limitation, attorneys' fees and expenses of defense, arising out of or in connection with the use or occupancy of the District Easement Area by the District and any of its agents, employees, lessees, sublessees, contractors, subcontractors, licensees and invitees. The District shall defend and save the City harmless and indemnified from and against all injury, death, loss, claims, costs or damages, direct or indirect (including, without limitation, attorneys' fees and disbursements), to any person or property, arising from, related to, or in connection with the use or occupancy of the District Easement Area by the District and any of its agents, employees, lessees, sublessees, contractors, subcontractors, licensees and invitees, unless caused by the willful acts or negligence of the City, its employees or agents. 8.No Waiver. 4 14925613.3 Failure by any party to enforce any covenant, restriction or other provision of this Agreement or to seek redress for the breach of or default in performance under any such covenant, restriction or other provision of this Agreement shall in no way constitute a waiver of the right to enforce such covenant, restriction or provision of this Agreement or seek redress for the breach thereof. The waiver by any party hereto of a breach of any provision of this Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provision hereof. 9.Obligations to Run with the Land. (a)The rights and obligations of the City under the terms and conditions hereof andthe terms, rights, conditions, restrictions and limitations contained with respect thereto shall (i)burden and run with the District Parcel, (ii) be appurtenant to the City Parcel, and (iii) inure to the benefit and use of the City and any successor owner or owners of the City Parcel and its andtheir successors and assigns, as well as any agents, employees and business invitees thereof. (b)The rights and obligations of the District under the terms and conditions hereofand the terms, rights, conditions, restrictions and limitations contained herein with respect thereto shall (i) burden and run with the City Adjacent Parcel, (ii) be appurtenant to the District Parcel, and (iii) inure to the benefit and use of the District and any successor owner or owners of the District Parcel and its and their successors and assigns, as well as any agents, employees and business invitees thereof. 10.Enforcement. Enforcement of this Agreement may be by legal proceedings against any person violating any restriction, covenant, condition or agreement contained herein, either to restrain or enjoin such violation or to recover damages; provided, however, that no such covenant or any such similar right or privilege may be enforced by legal action or otherwise by any persons whatsoever except the owners and mortgagees of the District Parcel, the City Parcel, and the City Adjacent Parcel and their respective successors and assigns. The venue for any proceedings relating to this Agreement shall lie exclusively in a court of competent jurisdiction located in Tompkins County, New York. 11.Entire Agreement. This Agreement contains the entire agreement between the parties relating to the rights granted and the obligations assumed in connection with the subject matter herein. Any oral representations or modifications concerning this Agreement shall be of no force and effect. This Agreement may be modified or amended only in writing. The District and the City expressly agree and acknowledge that no other rights other than as set forth in this Agreement are granted to either party hereunder. 12. Counterparts. 5 14925613.3 This Agreement may be executed in any number of counterparts with the same effect as if the parties had all signed the same document. All counterparts shall be construed together and shall constitute one agreement. 13. Binding Effect. This Agreement shall bind and inure to the benefit of the respective successors and assigns of the parties to this Agreement. 14.Severability. In the event that any one or more of the provisions of this Agreement shall be determined to be void or unenforceable by a court of competent jurisdiction or by law, such determination will not render this Agreement invalid or unenforceable, and the remaining provisions hereof shall remain in full force and effect. 15. Governing Law. This Agreement shall be governed by, interpreted under and construed and enforced in accordance with the laws of the State of New York. [Signature Page to Follow] 6 14925613.3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. THE CITY OF ITHACA By: ______________________ Name: Title: STATE OF NEW YORK ) COUNTY OF ) SS: On the __ day of ______________, in the year 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared _______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _____________________________________ Notary Public 7 14925613.3 ITHACA CITY SCHOOL DISTRICT By: ______________________ Name: Title: STATE OF NEW YORK ) COUNTY OF ) SS: On the __ day of _____________, in the year 2022, before me, the undersigned, a Notary Public in and for said State, personally appeared _______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. _____________________________________ Notary Public 8 14925613.3 EXHIBIT A Legal Description of City Easement Area: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at a point in the south line of West Court Street, said point being located a distance of 265.2 feet more or less east of the east line of North Plain Street; RUNNING THENCE North 87°42'50" East along the south line of West Court Street for a distance of 10.00 feet to a point; RUNNING THENCE South 02°15'28" East through the lands of the Ithaca City School District for a distance of 127.14 feet to a point; RUNNING THENCE South 88°06'38" West for a distance of 10.00 feet to a point in the east line of the lands of the City of Ithaca; RUNNING THENCE North 02°15'28" West along the east line of the lands of the City of Ithaca for a distance of 127.07 feet to the point and place of beginning. Said Parcel contains 1,271 square feet. For a more particular description reference is made to a map entitled "Easement Map Showing Proposed Permanent Easements Over Lands of City of Ithaca and Ithaca City School District…" dated September 1, 2022 by T.G. Miller P.C. Legal Description of District Easement Area: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at a point in the south line of West Court Street, said point being located a distance of 172.6 feet more or less west of the west line of North Albany Street; RUNNING THENCE South 02°09'42" East through the lands of the City of Ithaca for a distance of 108.24 feet to a point in the south line of the lands of the City of Ithaca; RUNNING THENCE South 87°50'18" West along the south line of the City of Ithaca for a distance of 10.00 feet to a point at the southwest corner of the lands of the City of Ithaca; RUNNING THENCE North 02°09'42" West along the west line of the City of Ithaca for a distance of 108.22 feet to a point in the south line of West Court Street; 9 14925613.3 RUNNING THENCE North 87°42'50" East along the south line of West Court Street for a distance of 10.00 feet to the point and place of beginning. Said Parcel contains 1,082 square feet. For a more particular description reference is made to a map entitled "Easement Map Showing Proposed Permanent Easements Over Lands of City of Ithaca and Ithaca City School District…" dated September 1, 2022 by T.G. Miller P.C. 10 14925613.3 EXHIBIT B Legal Description of Construction Easement Area: ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at a point in the south line of West Court Street, said point being located a distance of 265.2 feet more or less east of the east line of North Plain Street; RUNNING THENCE North 87°42'50" East along the south line of West Court Street for a distance of 20.00 feet to a point; RUNNING THENCE South 02°15'28" East through the lands of the Ithaca City School District for a distance of 127.21 feet to a point; RUNNING THENCE South 88°06'38" West for a distance of 20.00 feet to a point in the east line of the lands of the City of Ithaca; RUNNING THENCE North 02°15'28" West along the east line of the lands of the City of Ithaca for a distance of 127.07 feet to the point and place of beginning. Said Parcel contains 2,542 square feet. For a more particular description reference is made to a map entitled "Easement Map Showing Proposed Temporary Easement to be granted by Ithaca City School District to City of Ithaca…" dated September 1, 2022 by T.G. Miller P.C. MEMO TO CITY ADMINISTRATION November 16, 2022 Proposed amendments to the Code of the City of Ithaca Overview of the Notice of Adoption filed by the Department of State 3.7 Ordinance Amending the Ithaca City Code Chapters 146, "Building Code Enforcement" & 181, "Fire Prevention", to Conform with Revised 19 NYCRR Part 1203 NOTICE OF ADOPTION 19 NYCRR Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement EFFECTIVE December 30, 2022 The Department of State has filed a Notice of Adoption of a rule repealing and replacing Part 1203 of Title 19 of the New York Codes, Rules and Regulations. The Notice of Adoption will appear in the December 29, 2021 edition of the State Register. On and after December 29, 2021, the Notice of Adoption can be viewed on the Department of State’s website at: https://dos.ny.gov/state-register. The rule will become effective on December 30, 2022. 19 NYCRR Part 1203 contains the “minimum standards” established by the Department of State pursuant to Executive Law § 381(1). Part 1203 requires each local government that administers and enforces the Uniform Code and Energy Code to establish a code enforcement program and to include certain features within that program. The Uniform Code and Energy Code were amended and became effective on May 12, 2020. Based on the new versions of the Uniform Code and Energy Code, corresponding changes were necessary to 19 NYCRR Part 1203 to coordinate these rules and regulations for administration and enforcement of the Uniform Code and Energy Code. Local governments will have until December 30, 2022 to update their code enforcement programs by local law, ordinance, or other appropriate regulation. A copy of the amended 19 NYCRR Part 1203 is being included with this memorandum for your reference. Proposed Amendments Please refer to the attached document, a proposed ordinance which would amend certain portions of Chapters 146 and 181 of the City Code to conform to the new requirements of 19 NYCRR Part 1203. Staff will be available at the November 30th City Administration meeting to answer any questions regarding the new state requirements or the proposed ordinance implementing them. Thank you for your consideration. “An Equal Opportunity Employer with a commitment to workforce diversification” CITY OF ITHACA 108 East Green Street Ithaca, NY 14850-5690 BUILDING DIVISION DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT 4th Floor City Hall Telephone: 607.274.6508 Fax: 607.274.6521 1   PROPOSED ORDINANCE Common Council December 7, 2022 An Ordinance Amending Ithaca City Code Chapters 146, “Building Code Enforcement,” and 181, “Fire Prevention,” to Conform with Revised 19 NYCRR Part 1203 WHEREAS, pursuant to Executive Law § 381(1) and Energy Law § 11-107, the Department of State is authorized to promulgate regulations establishing minimum standards for administration and enforcement of the Uniform Code and Energy Code, and, unless otherwise prescribed by the Secretary of State, Executive Law § 381(2) requires local governments to administer and enforce the Uniform Code and Energy Code, and WHEREAS, Part 1203 of Title 19 of the NYCRR sets minimum standards for administration and enforcement of the state Uniform Code and Energy Code, and WHEREAS, the December 29, 2021 issue of the State Register announced that a new version of Part 1203 has been adopted with an effective date of December 30, 2022, and WHEREAS, the revised Part 1203 requires municipalities to enact certain changes to local code enforcement provisions to conform with new requirements, and WHEREAS, the Common Council of the City of Ithaca desires to amend Chapters 146 and 181 of the Ithaca City Code to conform to the revised version of Part 1203; now, therefore ORDINANCE 2022-__ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council finds that the updates to Part 1203 of Title 19 of the NYCRR require certain amendments to Chapters 146 and 181 of the Ithaca City Code. The purpose of this ordinance is to amend those chapters such that the Ithaca City Code shall conform to the revised state requirements, and to make such other amendments as may be necessary to further the purposes of Chapters 146 and 181 of the Ithaca City Code. Section 2. Amendments to Chapter 146 of the Ithaca City Code The following portions of Chapter 146 of the Ithaca City Code are hereby amended as follows:1   1 Strikethrough indicates removals. Underlining indicates additions. Where applicable, the numbering of subsections of Chapter 146 shall also be amended to be consistent with this ordinance. An ellipsis (…) indicates that the portion(s) of the amended sections prior to or following (as applicable) the amendments remains unchanged. 2   §146-3 Definitions … REPAIR The patching, restoration, reconstruction, replacement, or renewal of any part of an existing building with the same or similar materials for the purpose of its maintenance or to correct damage. … §146-4 Administrative officers and functions. … K. Compliance orders. (1) The Director of Planning and Development or his/her designee is authorized to order in writing the remedying of any condition or activity found to exist in, on or about any building, structure, or premises in violation of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, or this chapter. Upon finding that any such condition or activity exists, the Director of Planning and Development or his/her designee shall issue a compliance order. Time for compliance with order to remedy shall be fixed at 30 days following the date of such order to remedy. The compliance order shall: (a) Be in writing; (b) Be dated and signed by the Director of Planning and Development or his/her designee; (c) Specify the condition or activity that violates the Uniform Code, the Energy Code, or this chapter; (d) Specify the provision or provisions of the Uniform Code, the Energy Code, or this chapter which is/are violated by the specified condition or activity; (e) Specify the period of time which the Director of Planning and Development or his/her designee deems to be reasonably necessary for achieving compliance; (fe) Direct that compliance be achieved within the specified period of time; and (gf) State that an action or proceeding to compel compliance may be instituted if compliance is not achieved within the specified period of time. … §146-5 Building permits. A. Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, hazardous materials abatement, removal, relocation or demolition of any building or structure or any portion thereof, and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit, as well as any conversion (as defined by Chapter 325, Zoning, of this Code, or by the Uniform Code). A building permit is required for any exterior work on a building or structure designated as a landmark structure or on a building or structure 3   located within an historic district (see Chapter 228). A building permit is required for any repair or other remedy to a parking garage as stipulated in an order to remedy issued by the Chief of the Fire Department or Fire Marshal in response to the information received in a condition assessment report. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department. B. Exemptions. No building permit shall be required for work in any of the following categories except where such work is located within a designated historic district or in a designated landmark structure or site (see Chapter 228): (1) Construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 144 square feet (13.38 square meters), no plumbing, electrical or heating equipment service or system is provided, and that the structure complies with the area and setback requirements of Chapter 325; (2) Installation of swings and other playground equipment; (3) Installation of swimming pools associated with one- or two-family dwellings or multiple single-family dwellings (townhouses) where such pools are designed for a water depth 24 inches or less and have a water surface area of 100 square feet or less, and are installed entirely above ground; (4) Installation of fences which are not part of an enclosure surrounding a swimming pool; (5) Construction of retaining walls less than four feet in height from grade to the top of the wall for the entire length of the wall unless such walls support a surcharge of soil or impound Class I, II or IIIA liquids; (2) Replacement of any equipment provided the replacement does not alter the equipment’s listing or render it inconsistent with the equipment’s original specifications (6)(3) Construction of temporary sets and scenery associated with motion-picture, television and theater stage sets and scenery uses remaining in place for fewer than 180 days; (7)(4) Installation of window awnings supported by an exterior wall of a one- or two- family dwelling or multiple single-family dwellings (townhouses), provided such awnings do not encroach on any right-of-way or project beyond property lines, and are in compliance with the setback requirements of Chapter 325; (8)(5) Installation of partitions or movable cases less than five feet nine inches in height; (9)(6) Painting, wallpapering, tiling, floor covering and other similar finish work; (10)(7) Installation of listed portable electrical, plumbing, heating, ventilation or cooling equipment or appliances where such installation requires no extension of permanently installed building electrical, plumbing or HVAC systems; or (11)(8) Repairs that use like material, provided that the repairs do not involve: (a) The removal or cutting away of a load-bearing wall, partition, or portion thereof, or of any structural beam or load-bearing component; 4   (b) The removal or change of any required stairs or means of egress, or the rearrangement of parts of a structure in a manner which affects egress; (c) Alteration of fire protections systems, or the removal from service of all or part of a fire protection system for any period of time; (d) The alteration or removal of required fire separations; (e) The installation, enlargement, alteration, relocation, or extension of electrical or plumbing systems; (f) The alteration, relocation or installation of solid-fuel-burning heating appliances and associated chimneys or flues; or (g) The removal or abatement of asbestos or other hazardous material except for paint. C. Exemption not deemed authorization to perform noncompliant work. The exemption from the requirement to obtain a building permit for work in any category set forth in Subsection B of this section shall not be deemed an authorization for work to be performed in violation of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement or other applicable codes and ordinances. D. Application for building permits. Applications shall be made in writing on a form provided by the Building DivisionDepartment. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner. The application shall include such information sufficient to permit a determination by code enforcement personnel that the intended work complies with all applicable requirements of the Uniform Code, the Energy Code, the City of Ithaca Zoning Ordinance, Ithaca Energy Code Supplement and other applicable codes and ordinances. The application shall include or be accompanied by the following information and documentation: (1) A description of the location, nature, extent, and scope of the proposed work; (2) The Tax Map number and street address of the premises where the work is to be performed; (3) The occupancy classification of any affected building or structure; (4) Where applicable, a statement of special inspections or certifications prepared in accordance with the provisions of the Uniform Code and/or Ithaca Energy Code Supplement; and (5) Where applicable, an Elevation Certificate; (6) At least two sets of cConstruction documents (drawings and/or specifications), in the format of one full-size paper set and one electronic (digital) set, which: (a) Define the scope of the proposed work; (b) Are prepared by a New York State registered architect or licensed professional engineer whose signature and seal of registration in New York State shall be legibly imprinted on the plans, where so required by the State Education Law licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice 5   guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number, or where in his/her discretion the Code Enforcement Officer, because of structural, public safety, or other concerns, requires such signed and sealed plans to be submitted, even though the cost or scope of the work may be below the minimum requirement of the State Education Law; (c) Indicate with sufficient clarity and detail the nature and extent of the proposed work, including: [1] The location, construction, size, and character of all portions of the means of egress; [2] A representation of the building thermal envelope; [3] Structural information including but not limited to braced wall designs; the size, section, and relative locations of structural members; design loads; and other pertinent information; [4] The proposed mechanical, plumbing, electrical, fire-protection, and other service systems of the building; [5] A written statement indicating compliance with the Energy Code; (d) Substantiate that the proposed work will comply with applicable codes and ordinances; and (e) Where construction of new buildings or accessory structures, or alterations that change the footprint of existing buildings or accessory structures is proposed, or where otherwise applicable, include a site plan that shows any existing and proposed buildings and structures on the site, the location of the intended work, and the distances between buildings and structures and lot lines, the established street grades and the proposed finished grades, and applicable flood hazard areas, floodways, and design flood elevations. In his/her discretion the Code Enforcement Officer may require a site survey prepared by a licensed land surveyor providing the above information. (7) Properly certified documentation of all required insurances, including but not limited to liability insurance and workers' compensation insurance. … § 146-8 Certificates of occupancy and certificates of completion. A. Certificate of occupancy. A certificate of occupancy shall be required for all structures, buildings, or portions thereof, which are newly constructed or are converted from one use or 6   occupancy classification or subclassification to another use or occupancy or subclassification. Permission to use or occupy a newly constructed or converted building or structure or portion thereof shall be granted only by the issuance of a certificate of occupancy. B. Certificate of completion. A certificate of completion shall be required for any work which is the subject of a building permit, other than building permits issued for projects subject to the provisions of Subsection A of this section. C. Issuance of certificates of occupancy and certificates of completion. The Director of Planning and Development or authorized code enforcement personnel shall issue a certificate of occupancy or certificate of completion if the work which was the subject of the building permit was completed in accordance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance and/or, if applicable, that the structure, building or portion thereof that was converted from one use or occupancy classification or subclassification to another complies with all provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement and the City of Ithaca Zoning Ordinance. The Code Enforcement Officer shall inspect the building, structure, or work prior to the issuance of a certificate of occupancy or certificate of completion. The Code Enforcement Officer shall, where applicable, verify the affixation of the appropriate seals, insignias, and manufacturer’s data plates as required for factory manufactured buildings and/or manufactured homes. In addition, where applicable, the following documents prepared in accordance with the provisions of the Uniform Code or other requirements set forth by applicable Code or provisions of this chapter by such person or persons as may be designated by or otherwise acceptable to the Code Enforcement Officer, at the expense of the applicant for a certificate of occupancy or a certificate of completion shall be provided to received and reviewed by the Code Enforcement Officer to determine such information adequately demonstrates compliance with applicable provisions of the relevant codes prior to the issuance of the certificate of occupancy or certificate of completion: (1) An application on a form provided by the Building Department stating the final project cost, and submitted at least seven working days before the certificate is desired; (2) All certifications and/or approvals required by the code enforcement personnel; (3) A written statement of structural observations and/or a final report of special inspections; and (4) Flood hazard certifications.; and (5) Written statements of the results of tests performed to show compliance with the Energy Code. D. Contents of a certificate of occupancy or certificate of completion. A certificate of occupancy or certificate of completion shall contain the following information: (1) The building permit number; (2) The date of issuance of the building permit; (3) The name, address and Tax Map number of the property; 7   (4) If the certificate of occupancy or certificate of completion is not applicable to the entire structure, a description of that portion of the structure for which the certificate is being issued; (5) The use and occupancy classification of the structure; (6) The type of construction of the structure; (7) The assembly occupant load of the structure, if any; (8) If an automatic sprinkler system is provided, a notation as to whether the sprinkler system is required; (9) Any special conditions imposed in connection with the issuance of the building permit or any variances pertaining thereto; (10) The signature of the Director of Planning and Development or authorized code enforcement personnel issuing the certificate of occupancy or certificate of completion and the date of issuance. E. Temporary certificates. (1) The Director of Planning and Development or authorized code enforcement personnel shall be permitted to issue a temporary certificate allowing the temporary occupancy of a building or structure, or a portion thereof, prior to completion of the work which is the subject of a building permit. However, in no event shall a temporary certificate be issued unless the Code Enforcement Officer determines that: (a) The building or structure or portion thereof covered by the temporary certificate may be occupied safely; (b) All Any required fire- and smoke-detecting or fire protection equipment has been installed, tested, and is operational; (c) All required means of egress from the building or structure have been provided; and (d) For projects subject to site plan review, all improvements required by the site plan approval, including any conditions placed on such approval, are installed, or until a sufficient guaranty, in the form of a performance bond, letter of credit, or other security is in place. (2) The Code Enforcement Officer may include in a temporary certificate such terms and conditions as he or she deems necessary or appropriate to ensure safety. A temporary certificate shall be effective for a period of time, not to exceed six months, which shall be determined by the Code Enforcement Officer and specified in the temporary certificate. During the specified period of effectiveness of the temporary certificate, the permit holder shall undertake to bring the building or structure into full compliance with all applicable provisions of the Uniform Code, the Energy Code, the Ithaca Energy Code Supplement, the City of Ithaca Zoning Ordinance[5] and the conditions of site plan approval, if any, and any additional requirements set forth by applicable Code or provisions of this chapter. Temporary certificates of occupancy may be renewed for one additional period of not more than six months upon application and payment of the fee provided for in § 146-5K at the discretion of the Code Enforcement Officer. 8   F. Revocation or suspension of certificates. If the Code Enforcement Officer determines that a certificate of occupancy or certificate of completion was issued in error because of incorrect, inaccurate or incomplete information, and if the relevant deficiencies are not corrected to the satisfaction of the Code Enforcement Officer within such period of time as shall be specified, the Code Enforcement Officer shall revoke or suspend the certificate. G. Fees. The fee specified in or determined in accordance with the provisions set forth in § 146- 5K must be paid at the time of the submission of an application for a certificate of occupancy or certificate of completion or temporary certificate of occupancy. Section 3. Amendments to Chapter 181 of the Ithaca City Code The following portions of Chapter 181 of the Ithaca City Code are hereby amended as follows: 2 § 181-7 Code enforcement official; inspectors. A. Enforcement. Pursuant to § 381 of the New York Executive Law, the City of Ithaca shall be the entity responsible for enforcement of the New York State Uniform Fire Prevention and Building Code (the Uniform Code) within the City of Ithaca. This article provides for the enforcement and administration of the Fire Code and the Property Maintenance Code of New York State. B. Code enforcement official. The Chief of the Fire Department or the Chief's designee shall be considered the code enforcement official for the Fire Code and Property Maintenance Code of New York State within the City of Ithaca. C. It shall be a violation of this section of the Ithaca City Code to violate any provision of the New York State Uniform Fire Prevention and Building Code (the Uniform Code), adopted pursuant to Article 18 of the Executive Law, including 19 NYCRR Part 1225 (Fire Prevention), 19 NYCRR Part 1226 (Property Maintenance) and NYCRR Part 1229 (Other Uniform Code Provisions).International Fire Code or the International Property Maintenance Code referenced in 19 NYCRR Part 1225.1. § 181-8 Fire Prevention Bureau. A. The Fire Prevention Bureau is a division of the Ithaca Fire Department designated by the Chief of the Fire Department for the enforcement and administration of this article. B. Fire Marshal. The Fire Marshal shall be designated by the Chief of the Fire Department. The Fire Marshal shall be an employee and fire officer within the Ithaca Fire Department. The Fire Marshal shall be in charge of the Fire Prevention Bureau; and, for the purpose of this article, he/she shall be the Fire Chief's designee as the cCode Enforcement Official.   2 Strikethrough indicates removals. Underlining indicates additions. Where applicable, the numbering of subsections of Chapter 181 shall also be amended to be consistent with this ordinance. An ellipsis (…) indicates that the portion(s) of the amended sections prior to or following (as applicable) the amendments remains unchanged. 9   C. Inspectors. The Chief of the Fire Department may designate such members of the Fire Department as inspectors as shall from time to time be necessary. Inspectors for the purpose of inspection of buildings or premises and ascertaining and causing to be corrected any violations of 19 NYCRR Part 1225 (Fire Prevention), 19 NYCRR Part 1226 (Property Maintenance), and 19 NYCRR Part 1229 (Other Uniform Code Provisions), along with the publications incorporated therein by reference, the Fire Code and Property Maintenance Code of New York State shall be the career Fire Department officers or members so designated by the Chief of the Fire Department. D. Report to Mayor. A report of the Fire Prevention Bureau shall be made annually and submitted to the Mayor. It shall contain all enforcement actions under the Uniform Code, with such statistics as the Chief of the Fire Department may deem necessary to include therein. The Chief of the Fire Department may also recommend any amendments to this article as he/she may deem to be desirable. § 181-9. Operating permits for certain uses and materials; fees. A. An operating permit issued by the Chief of the Fire Department or the Fire Marshal shall constitute permission to maintain, store or handle materials or to conduct processes and activities which produce conditions hazardous to life or property or to install equipment used in connection with such activities. Any person who proposes to undertake any new activity or to operate any type of new building listed in this section shall be required to obtain an operating permit prior to commencing such activity or operation. Such permit shall not take the place of any license otherwise required by law. It is not transferable, and any change in the use or occupancy of premises shall require a new permit. The Fire Chief or the Fire Marshall shall, in his/her discretion, determine the appropriate duration of an issued permit. Unless otherwise specified in this chapter, no permit shall be valid for a period of more than one year. B. Before an operating permit is issued, the Chief of the Fire Department or the Chief's designee shall inspect and approve the receptacles, vehicles, buildings or storage places to be used. In cases where laws or regulations enforceable by other departments other than the Fire Department are applicable, joint approval shall be obtained from all departments concerned. C. All applications for an operating permit required by this code shall be made to the office of the Fire Prevention Bureau in such form and detail as it shall prescribe. Applications for permits shall be accompanied by such plans as are required by the Chief of the Fire Department or the Fire Marshal. D. Operating permits shall at all times be kept on the premises designated therein and shall at all times be subject to inspection by any City of Ithaca fire inspector. The Chief of the Fire Department and the Fire Marshal shall have the authority to revoke a duly issued permit prior to the expiration thereof if there is a reasonable basis to believe that the permit holder is in violation of the provisions of this chapter regarding said permit, or that the permit holder has violated the terms of the permit. 10   E. The following permits are required: (1) Explosives, ammunition and blasting agents. (a) An operating permit shall be obtained to: [1] Manufacture, possess, store, sell or otherwise dispose of explosives or blasting agents. [2] Transport explosives or blasting agents. [3] Use explosives or blasting agents. [4] Operate a terminal for handling explosives or blasting agents. [5] Deliver to or receive explosives or blasting agents from a carrier at a terminal between the hours of sunset and sunrise. (b) Transport blasting caps or electric blasting caps on the same vehicle with explosivesAn operating permit shall not be issued for: : [1] Liquid nitroglycerin. [2] Dynamite (except gelatin dynamite) containing over 60% of liquid explosive ingredient. [3] Dynamite having an unsatisfactory absorbent or one that permits leakage of a liquid explosive ingredient under any conditions liable to exist during storage. [4] Nitrocellulose in a dry and uncompressed condition in a quantity greater than 10 pounds net weight in one package. [5] Fulminate of mercury in a dry condition and fulminate of all other metals in any condition except as a component of manufactured articles not hereinafter forbidden. [6] Explosive compositions that ignite spontaneously or undergo marked decomposition, rendering the products or their use more hazardous, when subjected to 48 consecutive hours or less at a temperature of 167° F. [7] New explosives until approved by the United States Department of Transportation, except that permits are permitted to be issued to educational, governmental or industrial laboratories for instructional or research purposes. [8] Explosives condemned by the United States Department of Transportation. [9] Explosives not packed or marked in accordance with the requirements of the Department of Transportation. [10] Explosives containing an ammonium salt and a chlorate. (c) Nothing in this Subsection E(1) shall be construed as applying to: [1] The transportation of explosive materials when under the jurisdiction of and in compliance with the regulations of the Hazardous Materials Regulation Board of the United States Department of Transportation (DOT). It shall, however, apply to municipal supervision as to compliance with federal regulations within the jurisdiction of a municipality. [2] The transportation and use of military explosives by federal and state military departments, nor to the transportation and use of explosive 11   materials by federal, state and municipal governmental departments while in the normal and emergency performance of their duties. [3] The manufacture, under the regulations of the Department of Defense, of explosive materials for or their distribution to or storage or possession by the military or naval services or other agencies of the United States or to arsenals, navy yards, depots or other establishments owned by or operated by or on behalf of the United States. [4] The use of explosive materials in medicines and medicinal agents in the forms prescribed by the United States Pharmacopeia or the National Formulary. (2) Manufacture, sale, storage, and discharge of fireworks. (a) An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the manufacture and storage of fireworks. The Chief of the Fire Department or the Fire Marshal may restrict the quantity of fireworks that can be manufactured or stored. (b) The Chief of the Fire Department or the Fire Marshal may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, fire associations or groups of individuals. (c) Such permits can be granted upon application to the Chief of the Fire Department or the Fire Marshal and after approval of the Chief of Police. Applications for permits shall be made, in writing, at least 30 days in advance of the date of the display. No permit granted shall be transferable. (1) Operating Permits required by 19 NYCRR Part 1225, Fire Code of New York State, or 19 NYCRR Part 1203, Uniform Code: Minimum Standards for Administration and Enforcement, including any and all Operating Permits described therein whether or not otherwise required by this section. (2) Explosives and Fireworks. Permits shall be required for possessing, manufacturing, storing, handling, selling, or using explosives, fireworks, or other pyrotechnic special effects materials, except the outdoor use of sparkling devices as defined by Penal Law section 270, and regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 56. (a) The Chief of the Fire Department or the Fire Marshal may restrict the quantity of fireworks that can be manufactured or stored. (b) The Chief of the Fire Department or the Fire Marshal may adopt reasonable rules and regulations for the granting of permits for supervised public displays of fireworks by municipalities, fire associations, or groups of individuals. (c) Such permits may only be granted upon application to the Chief of the Fire Department or the Fire Marshal and after approval of the Chief of Police. Applications for permits shall be made in writing and at least 30 days in advance of the date of the display. No permit granted shall be transferable. (d) An operating permit for the use or storage of Explosives shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. 12   (e) An operating permit for the use or storage of Fireworks for public display shall be valid for a period not to exceed one month. An application for renewal must be made prior to the expiration of the current permit. (3) Pyrotechnic displays and devices inside buildings. A permit shall be obtained for the use of pyrotechnic devices in areas of public assembly, or in mercantile, business, industrial, or storage occupancies. The permit shall be valid for one a period not to exceed 30 days, and shall not be transferable to a different location. Applications for permits shall be made, in writing, at least 30 days in advance of the date of use. A demonstration of the pyrotechnic display and devices shall be witnessed by the Fire Department prior to use inside any buildingbefore a public gathering. (4) Hazardous materials. (a) An operating permit shall be required for the manufacturing, storing or handling of hazardous materials in quantities exceeding those listed in the tables contained in the applicable Maximum Allowable Quantity tables provided in 19 NYCRR Part 1225, Fire Code of New York State, Chapter 50.5003.1.1 (1), (2), (3) or (4) of the International Fire Code, incorporated by reference in 19 NYCRR Part 1225.1. (b) An operating permit shall be required for the storage or handling at any installation of radioactive materials having a radioactivity greater than one microcurie or any amount of radioactive material for which a specific license from the United States Nuclear Regulatory Commission is required so as to be reasonably safe to persons and property. A specific license for the radioactive material obtained from the United States Nuclear Regulatory Commission shall be evidence that such license represents reasonable procedures for safety to persons and property.hazardous processes and activities, including but not limited to commercial and industrial operations which produce combustible dust as a byproduct, fruit and crop ripening, and waste handling. (c) An operating permit shall be required for facilities that store, handle, or use hazardous production materials; [1] “Hazardous Production Materials” shall mean a solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of- hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. (d) Reports. [1] Before authorizing the issuance of any operating permit, the Chief of the Fire Department or the Fire Marshal is permitted to require the applicant to submit, in writing, one or more of the following: [a] A report from an approved testing laboratory for the physical and chemical properties of the chemical in question whenever such properties are not readily available in published reference or from other recognized sources. 13   [b] Evidence that the amount of manufacture, processing, storage, use or transportation of the hazardous chemicals in question is in accordance with nationally recognized safe practices and that no undue hazard to life or property is involved. [c] The qualification, experience and knowledge of the person who is to supervise the operations involving the particular material. [d] A hazardous materials inventory report for any building with a research or teaching laboratory containing hazardous materials. [e] A hazardous materials inventory report for any industrial facility using, storing, or producing hazardous materials [2] Reports concerning materials or processes are permitted to be marked for the confidential information of the Chief of the Fire Department or the Fire Marshal, who shall use the data contained therein to evaluate the fire and explosion hazard. (e) An operating permit for Hazardous Materials shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (5) Liquefied petroleum gases. (a) An operating permit shall be obtained for: [1] Each installation of liquefied petroleum gas employing a container or an aggregate of interconnected containers of over 21,000 gallons' water capacity used for refilling other gas cylinders. [2] Each temporary or permanent installation of liquefied petroleum gas, irrespective of the size of the containers, made at buildings or gatherings at which people congregate for civic, political, educational, religious, social or recreational purposes. Such buildings shall include but not be limited to schools, churches, health-care occupancies, hotels and restaurants, each having a capacity of 20 or more persons. This section shall not apply to one- or two-family dwellings utilizing appliances supplied with a single cylinder not exceeding 20 pounds' capacity. [3] Each temporary installation of liquefied petroleum gas, irrespective of the size of the containers, for the purpose of providing temporary heat for buildings or other structures under construction. [4] Each temporary installation of liquefied petroleum gas, irrespective of the size of the containers, for the purpose of providing temporary heat at an outdoor public gathering. (b) Where the nature of the adjoining occupancy, the proximity of adjacent buildings or unusual conditions indicate the need, the Chief of the Fire Department or Fire Marshal may require the submittal of plans to the Fire Prevention Bureau prior to making the installation; and if compliance with the requirements of this code is shown by said plans, an operating permit shall be issued. (c) Installers shall report all installations for which an operating permit is not required, not including installations of gas-burning appliances, but 14   including heater-container units, and have them available for inspection by the Bureau of Fire Prevention. (d) An operating permit for temporary installations of Liquid Petroleum Gases shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (6) Lumberyards and woodworking plants. An operating permit shall be required for the storage of lumber exceeding 100,000 board feet. (a) An operating permit for Lumberyards and Woodworking Plants shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (7) Combustible Dust-producing Operations. An operating permit shall be required for facilities where the operation produces combustible dust regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 22. (a) An operating permit for Combustible Dust-producing Operations shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (8) Flammable Finishes. An operating permit shall be required for operations utilizing flammable or combustible liquids or the application of combustible powders regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 24. (a) An operating permit for Flammable Finishes shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (9) Fruit and Crop Ripening. An operating permit shall be required for operating a fruit or crop ripening facility or conducting a fruit-ripening process using ethylene gas regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 25. (a) An operating permit for Fruit and Crop Ripening shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (10) Fumigation and Insecticidal Fogging. An operating permit shall be required for conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling, regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 26. (a) An operating permit for Fumigation and Insecticidal Fogging shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (11) Tents, Temporary Special Event Structures, and Other Membrane Structures. An operating permit shall be required for operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to 19 NYCRR 1225, Fire Code of New York State, Chapter 31. 15   (a) Any such operating permit shall be valid for a period not to exceed 180 days, and shall remain in effect until it expires or is reissued, renewed, or revoked. (b) An operating permit shall not be required under this subsection where a tent, temporary special event structure or other membrane structure is issued an appropriate permit, certificate of occupancy, and/or certificate of compliance by the Building Division pursuant to Chapter 146 and/or Chapter 210 of the Ithaca City Code. (12) High-Piled Combustible Storage. An operating permit shall be required for high-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 32. (a) An operating permit for High-Piled Combustible Storage shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (13) Tire Rebuilding and Tire Storage. An operating permit shall be required for operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant regulated by 19 NYCRR 1225, Fire Code of New York State, Chapter 34. (a) An operating permit for Tire Rebuilding and Tire Storage shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (14) Open Flame. An operating permit shall be required for removing paint with a torch, or using open flames, fire, and burning in connection with assembly occupancies or educational occupancies regulated by 19 NYCRR 1225, Fire Code of New York State, Section 308. (a) An operating permit for Open Flame shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (15) Open Burning, Recreational Fires and Portable Outdoor Fireplaces. An operating permit shall be required for conducting open burning regulated by 19 NYCRR 1225, Fire Code of New York State, Section 307. No person shall kindle or maintain any bonfire, recreational fire, or outdoor fireplace, or authorize any such fire to be kindled or maintained without an operating permit or other proper authorization. No permit shall be issued for and no open burning of trash, rubbish, construction materials, or demolition waste shall be allowed in the City of Ithaca. (a) This subsection shall not apply to portable outdoor fireplaces used at one- and two-family dwellings. (b) An operating permit for recreational fires using approved portable or approved permanently installed outdoor fireplaces shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (c) An operating permit for open recreational fires not contained in an approved fireplace shall be valid for a period not to exceed one day. An 16   application for renewal must be made prior to the expiration of the current permit. (16) Energy Storage Systems. An operating permit shall be required for energy storage systems, where the system exceeds the values shown in Table 1206.1 of 19 NYCRR Part 1225, Fire Code of New York State, or exceeds the permitted aggregate ratings in section R327.5 of 19 NYCRR Part 1220, Residential Code of New York State. (a) An operating permit for Energy Storage Systems shall be valid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit (17) Sugarhouse Alternative Activity Provisions. An operating permit is required for Sugarhouse Alternative Activity Provisions as regulated by Chapter 40 of 19 NYCRR Part 1225, Fire Code of New York State. (a) Any such operating permit shall be valid for a period not to exceed 60 days, and shall remain in effect until it expires or is reissued, renewed, or revoked. (18) Storage of readily combustible materials. An operating permit shall be required to store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels, or similar containers, rubber tires, rubber or cork or other similarly combustible material. (a) Storage requirements. Storage of readily combustible materials in buildings shall be orderly, shall not be within two feet of the ceiling, shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur, and shall not be so located as to endanger egress from the building. Storage in the open shall be so located with respect to adjacent buildings as not to constitute a hazard and shall be compact and orderly. (b) An operating permit for readily combustible materials shall be effective for a period not to exceed three years. An application for renewal must be made prior to the expiration of the current permit. (19) General precautions against fire. (a) Bonfires, recreational fires, and outdoor rubbish fires. No person shall kindle or maintain any bonfire, recreational fire or rubbish fire or authorize any such fire to be kindled or maintained without an operating permit or other proper authorization. During construction or demolition of buildings or structures, no waste materials or rubbish shall be disposed of by burning on the premises or in the immediate vicinity without having obtained an operating permit or other proper authorization. (b) Matches. No person shall manufacture matches without an operating permit. No person shall store matches exceeding in aggregate 25 cases of matches without an operating permit. (c) Storage of readily combustible materials. [1] Permit required. No person shall store in any building or upon any premises in excess of 2,500 cubic feet gross volume of combustible empty packing cases, boxes, barrels or similar containers, rubber tires, 17   rubber or cork or other similarly combustible material without an operating permit. (a) Storage requirements. Storage in buildings shall be orderly, shall not be within two feet of the ceiling, shall be separated from heaters or heating devices by distance or shielding so that ignition cannot occur and shall not be so located as to endanger exit from the building. Storage in the open shall be so located with respect to adjacent buildings as not to constitute a hazard and shall be compact and orderly. (19) Hot work., acetylene generators, calcium carbide and acetylene cylinder charging plants.O An operating permit is required for Welding or other Hhot wWork regulated by 19 NYCRR 1255, Fire Code of New York State, Chapter 35. This includes operations such as cutting, welding, thermal welding, brazing, soldering, grinding, thermal spraying, thawing pipe, installation of torch-applied roof systems, use of calcium carbide systems, use of acetylene generators, or any other similar activity. (a) An operating permit shall be required of each company, corporation, co- partnership or owner/operator performing hot work operations, except as provided below in Subsection E(8)(a)[2]. This permit shall not be required for each hot work job location. The company, corporation, co-partnership or owner/operator shall notify the Fire Chief or the Fire Marshal in advance where such work is done in response to an emergency call that does not allow time to issue the necessary permit. (b) An operating permit shall not be required of any company, corporation, co- partnership or owner/operator: [1] Where the hot work is performed in areas approved for the purpose; or [2] Having an approved permit system established for control of the fire hazards involved. (c) Application for an operating permit required by this article shall be made by the company, corporation, co-partnership or owner/operator performing the welding or cutting operation or by his/her duly authorized agent. (d) An operating permit for welding or cutting operations shall not be issued unless the individuals in charge of performing such operations are capable of doing such work in a safe manner. Demonstration of a working knowledge of the provisions of this article shall constitute acceptable evidence of compliance with this requirement. (e) Companies, corporations, copartnerships and owner/operators required to have an operating permit shall maintain a record of all locations where welding or cutting operations are performed and have it available for inspection by the Fire Prevention Bureau. (f) Operating permit required for cylinder and container storage. An operating permit shall be required for the storage of cylinders or containers used in conjunction with welding or cutting operations when more than 2,000 cubic feet of flammable compressed gas, other than liquefied petroleum gas, or a total water capacity of 735 pounds of liquefied petroleum gas or methylacetylene-propadiene, stabilized, or 6,000 cubic feet of nonflammable compressed gas is stored. 18   (g) An operating permit for Welding or Other Hot Work shall be effective for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (h) Operating permit required for acetylene generators. No person shall operate an acetylene generator having a carbide capacity exceeding five pounds without an operating permit. (i) Operating permit required for storage of calcium carbide. An operating permit shall be required to store or keep calcium carbide in excess of 200 pounds. (20) Asphalt kettles. (a) An operating permit shall be required for asphalt kettles. Such permit shall be obtained prior to the issuance of any building permit for the construction or reconstruction of any roof and prior to operation of the kettle on the site. (b) An operating permit shall be obtained for each kettle to be used, even if more than one will be used at one site. (c) Regulations governing the operation and use of asphalt kettles shall be as specified in the Fire Code of New York State. (d) An operating permit for Asphalt Kettles shall be effective for a period not to exceed ninety days. An application for renewal must be made prior to the expiration of the current permit. (21) Areas of public assembly (Assembly Group A Occupancies). (a) Definition. Areas of public assembly are those areas set forth as such and defined in the Uniform Code as "Assembly Group A Occupancies." These assembly areas include buildings and portions of buildings used for gathering together 50 or more persons for purposes of amusement, athletics, civic purposes, dining, education, entertainment, or patriotic, political, recreational, religious, or other social purposes. Examples of such buildings include but are not limited to: nightclubs, restaurants, art galleries, bowling alleys, churches, community halls, funeral parlors, lecture halls, libraries, museums, passenger stations, and skating rinks. (b) An operating permit shall be obtained from the Chief of the Fire Department or the Fire Marshal for the operation of an area of public assembly prior to such operation. (c) 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 the submittal of plans and/or specifications for such space, and requiring the submittal of installation and/or testing records for fire protective equipment or systems in use in said area of assembly. (d) Upon receipt of such application, the Chief of the Fire Department or the Fire Marshal shall cause the area of public assembly to be inspected. Such inspection shall include measuring and calculating maximum occupancy load(s) for the space and determining whether or not the space is in compliance with the Uniform Fire Prevention and Building Code of New York State. 19   (e) No permit for an area of public assembly shall be granted if, in the opinion of the Chief of the Fire Department or the Fire Marshal, such space is not in compliance with the Uniform Fire Prevention and Building Code. (f) An operating permit for an area of public assembly shall be effectivevalid for a period not to exceed one year. An application for renewal must be made prior to the expiration of the current permit. (g) An operating permit for an area of public assembly 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 Fire Code or Property Maintenance Code of New York State resulting in immediate danger to the life or health of occupants thereof. (h) In the event that an on-premises inspection organization exists which may provide third-party inspection and certification of compliance, such fees as required for this section shall be adjusted to reflect the actual time spent by the Fire Department required to assure compliance with the intent of this part. (i) Fees for an operating permit for an area of public assembly or for renewal of such permit shall be established by the Fire Chief, according to § 181- 9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel. An estimate of these costs shall be provided to the applicant upon preliminary approval of the application for said permit. (22) Fire protective systems. (a) An operating permit shall be required to install or substantially repair a fire detection, alarm or fire suppression system as such is defined in the New York State Uniform Fire Prevention and Building Code. (b) The permit required in Subsection E(11)(a) above shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department. (c) Prior to the issuance of an installation permit, the Chief of the Fire Department or the Fire Marshal shall review said application along with the associated building permit to ensure compliance with applicable codes, rules and regulations. (d) Upon completion of installation or repair work, an applicant shall conduct an acceptance test of the full system, which test shall be observed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief's designee with a system test record describing the system to be tested and its components. The test shall be conducted in accordance with the standards prescribed (e) by the National Fire Protection Association or other appropriate standard- setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory. 20   (f) Fees. Fees for an installation or repair permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel. (g) An operating permit for Fire Protection Installation shall be valid for a period not to exceed the duration of the building permit issued for the building. An application for renewal must be made prior to the expiration of the current permit. (23) Elevators. (a) An operating permit shall be required to operate an existing or install a new elevator or conveying system as defined by the New York State Uniform Fire Prevention and Building Code. A separate operating permit is required for each elevator or conveying system. (b) The operating permit required in Subsection E(12)(a) shall be obtained from the Chief of the Fire Department or the Fire Marshal. This permit is separate from, and shall be required in addition to, any building permit issued by the Building Department. (c) The installation or repair of elevators and other conveyances shall be performed by persons qualified and licensed by the New York State Department of Labor for the specific type of work performed. (d) Prior to the issuance of an operating permit, the Chief of the Fire Department or the Fire Marshal shall review said application along with the associated inspection reports to ensure compliance with the applicable codes, rules, and regulations. (e) New installations. Upon completion of the installation of a new elevator or conveying system, an applicant shall conduct an acceptance test of the elevator or conveying system. The acceptance test shall be witnessed by a qualified elevator inspector, as defined in Subsection E(12)(f), and shall also be witnessed by the Chief of the Fire Department or the Chief's designee. The applicant shall provide the Chief of the Fire Department or the Chief's designee with a system test record that describes the system to be tested and its components. The acceptance test shall be conducted in accordance with the standards prescribed by the American Society of Mechanical Engineers (ASME) or other appropriate standard-setting organization as determined by the Chief of the Fire Department or the Fire Marshal. If it is satisfied that the installation work meets the prescribed standards, the Chief of the Fire Department or the Fire Marshal shall certify the work as complete and satisfactory. (f) Fees. Fees for an operating permit shall be established by the Fire Chief in accordance with § 181-9F(1) of this article. Such fees shall be the actual costs incurred to do the work. The personnel costs included shall be based on the average hourly rate plus expenses for Fire Department personnel. (g) Qualified elevator inspector (QEI). Elevator inspectors shall be required to providepossess a current Elevator Inspection Contractor License issued by the NYS Department of Labor to be considered a QEI.certification from an 21   ASME accredited organization to the Chief of the Fire Department or the Fire Marshal. The Chief of the Fire Department or the Fire Marshal shall maintain a list of QEI's who are authorized to perform periodic inspections of elevators in the City of Ithaca. (h) Periodic inspections. Periodic inspections of elevators or conveying systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be made by a qualified elevator inspector. Inspection reports shall be filed with Fire Department within 30 days of the inspection by the QEI. The owner of the building shall provide documentation to the Fire Department from an elevator service contractor that states the violations have been abated. (i) Periodic tests. Periodic tests of elevators or conveying systems, as required by the New York State Uniform Fire Prevention and Building Code, shall be witnessed by a qualified elevator inspector. The building owner or the owner's authorized agent shall have all tests required by the Uniform Code made by persons qualified to perform such service in the presence of a qualified elevator inspector authorized by the Chief of the Fire Department or the Fire Marshal. The qualified elevator inspector witnessing the periodic test shall not possess a financial interest with parties performing service or testing of the elevator or conveying system that is being tested. (j) Frequency of inspection and testing. The frequency of inspection and testing is determined by the New York State Uniform Fire Prevention and Building Code. (k) Expiration of operating permit. An operating permit for an elevator or conveying system shall be valid for a period no greater than three years. The operating permit will be automatically renewed upon a fire safety and property maintenance inspection as required by § 181-16. (l) Validity of operating permit. An operating permit for an elevator or conveying system shall be valid for three years, provided that the elevator or conveying system is operated, maintained, tested, and inspected in accordance with the requirements of this article and the Uniform Code. (m) The operating permit issued by the Ithaca Fire Department shall be posted in every passenger car, freight car and elevator machine room for which the operating permit was issued. (24) Food trucks and other mobile or temporary cooking operations. (a) A "mobile or temporary cooking operation," as used in this chapter, is defined as any cooking facility, apparatus or equipment, being operated on a one-time or interim basis, or for less than 90 days in the same location, other than at a fixed location, building or structure which has been inspected and permitted under another section of this Code, regulation or statute, inclusive of self-propelled trucks and vehicles, trailered units, push carts, equipment located under cover of awnings, canopies or pop-up tents, or other structures for which a building permit has not been issued. (b) A "food truck," as used in this chapter, is defined as any motor vehicle, trailer or enclosed cart, which a person or persons may enter and work inside, and from which food is prepared, cooked and served. 22   (c) Any food truck used for the preparation and serving of food within the City of Ithaca must obtain and display an operating permit as described in this chapter. (d) The required operating permit shall be obtained from the Chief of the Fire Department or the Chief's designee. This food truck operating permit is separate from, and shall be obtained in addition to, any other permit that may be required or issued by New York State, Tompkins County, or the City of Ithaca. (e) Regulations governing the operation and use of mobile or temporary cooking operations, and specifically food trucks, shall be as specified in (f) § 81-10 of this article, the Uniform Fire Code of New York State, and the International Fire Code. (g) Validity of operating permit. An operating permit for a food truck shall expire on December 31 of the year of issuance, provided that the food truck is operated, maintained, tested, and inspected in accordance with the requirements of this article. (h) The operating permit issued by the Ithaca Fire Department shall be posted in public view from the exterior of the food truck for which the operating permit was issued. (25) Parking garages as defined in § 181-18A. (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 valideffective for a period not to exceed three years.one year. 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. 23   (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. (26) Outdoor Assembly Events (a) In accordance with 19 NYCRR Part 1225, Fire Code of New York State, an operating permit shall be required for an Outdoor Assembly Event where the Fire Chief or Fire Marshal determines that an outdoor gathering of persons has an adverse impact on public safety through diminished access to buildings, structures, fire hydrants, and/or fire access roads, or where such gatherings adversely affect public safety services of any kind. [1] An operating permit shall not be required under this subsection for Outdoor Assembly Events of fewer than 1000 persons or for gatherings of people exclusively under a temporary structure that has been issued an appropriate permit, certificate of occupancy, and/or certificate of compliance by the Building Division pursuant to Chapter 146 and/or Chapter 210 of the Ithaca City Code, as applicable. (b) The event organizers shall submit an application for review by the Chief of the Fire Department or the Fire Marshal prior to the issuance of any permit under this subsection. This permit application is separate from, and shall be required in addition to, any Building Permit Application, City of Ithaca Special Events Application, Department of Health Permit Application, or any other permit or other application that may be required for the type of event proposed. (c) Upon application for an operating permit, the Chief of the Fire Department or the Fire Marshal shall have the authority to order the development of or to prescribe a public safety plan that provides an appropriate level of public safety, to be determined by the Chief of the Fire Department or Fire Marshal in their sole discretion. (d) Prior to the issuance of an operating permit, the Chief of the Fire Department or the Fire Marshal shall review the permit application along with any associated Building Permits and Health Department Permits to ensure compliance with applicable City and state codes, rules, and regulations. (e) An operating permit for an Outdoor Assembly Event shall be effective for a period not to exceed one year for a designated location. Operating permits for Outdoor Assembly Events are not transferrable to alternate locations, events, or organizers. An application for renewal must be made prior to the expiration of the current permit. F. Permit fees. (1) The Chief of the Fire Department or the Fire Marshal shall promulgate an operating permit fee schedule applicable to the permits required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said permits. 24   (2) Permit Fees do not include fees for inspections or safety plan review in excess of one hour. Fire Safety, operations, and fire protection system plan review in excess of one hour will be charged to the applicant at an hourly rate promulgated by the Chief of the Fire Department, subject to approval by Common Council. (3) Such scheduleThe schedule of fees and any changes to fees proposed thereto shall be submitted to the Common Council for adoption prior to collection of such fees. (4) The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties. § 181-16. Fire safety and property maintenance inspections. A. Inspections required. Fire safety and property maintenance inspections of buildings and structures as required by 19 NYCRR 1203 shall be performed by the Chief of the Fire Department or the Chief's Designee at the following intervals: (1) Fire safety and property maintenance inspections of buildings or structures which contain an area of public assembly shall be performed at least once every 12 months as required in § 181-9 by the Fire Department. (2) Fire safety and property maintenance inspections of buildings or structures being occupied as dormitories public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining, or recreational facilities shall be performed at least once every 12 months. (a) The code enforcement officials of the Building Department shall perform fire safety and property maintenance inspections of dormitories inspected per the requirements of Chapter 210. (3) Fire safety and property maintenance inspections of all multiple dwellings not included in Subsection A(1) or (2) shall be performed at least once every 36 months. (a) The code enforcement officials of the Building Department shall perform fire safety and property maintenance inspections of multiple dwellings inspected per the requirements of Chapter 210. (b) Buildings or structures with mixed occupancies containing residential dwelling units and nonresidential buildings, structures, uses and occupancies shall be inspected by the Fire Department, except those areas of the building or structure inspected per the requirements of Chapter 210 by the Building Department. (4) Fire safety and property maintenance inspections of all nonresidential buildings, structures, uses and occupancies not included in Subsection A(1), (2), or (3) shall be performed at least once every 36 months by the Fire Department. (5) Remote inspections. At the discretion of the Chief of the Fire Department or the Fire Marshal, a remote inspection by a Fire Inspector may be 25   performed in lieu of an in-person inspection when, in the opinion of the Fire Marshal or such authorized Fire Inspector, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the Fire Marshal or such authorized Fire Inspector that the premises conform with the applicable provisions of 19 NYCRR Part 1225 and the publications incorporated therein by reference and the applicable provisions of 19 NYCRR Part 1226 and the publications incorporated therein by reference. Should a remote inspection not afford the Fire Marshal or such authorized Fire Inspector sufficient information to make a determination, an in-person inspection shall be performed. B. Inspections permitted. In addition to the inspections required by § 181-16A, a fire safety and property maintenance inspection of any building, structure, use, or occupancy, or of any dwelling unit, may also be performed by the code enforcement official at any time upon: (1) The request of the owner of the property to be inspected or an authorized agent of such owner; (2) The receipt by the code enforcement official of a written statement alleging that conditions or activities failing to comply with the Uniform Code or Energy Code exist; or (3) The receipt by the code enforcement official of any other information, reasonably believed by the code enforcement official to be reliable, giving rise to reasonable cause to believe that conditions or activities failing to comply with the Uniform Code or Energy Code exist. Nothing in this subdivision shall be construed as permitting an inspection under any circumstances under which a court order or warrant permitting such inspection is required unless such court order or warrant shall have been obtained. C. Fees (1) The Chief of the Fire Department or the Fire Marshal shall promulgate a fee schedule applicable to inspections required herein. Fees established in the fee schedule shall reasonably reflect the cost of receiving, investigating, processing and issuing each of said inspections. (2) Such schedule and any changes proposed thereto shall be submitted to the Common Council for adoption prior to collection of such fees. (3) The fee schedule shall be posted at the Fire Chief's office and distributed to any interested parties Section 3. Severability Clause 26   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 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. RULE TEXT (19 NYCRR Part 1203) Part 1203 of Title 19 of the NYCRR is repealed and a new Part 1203 is added to read as follows: Part 1203 Uniform Code and the Energy Code: Minimum Standards for Administration and Enforcement Section 1203.1 Introduction and definitions. (a) Introduction. Section 381 of the Executive Law directs the Secretary of State to promulgate rules and regulations for administration of the New York State Uniform Fire Prevention and Building Code and the New York State Energy Conservation Construction Code. (b) Definitions. Unless otherwise expressly stated, for the purposes of this Part, the following terms shall be deemed to have the meanings shown in this subdivision: (1) Assembly area. An area in any building, or in any portion of a building, that is primarily used or intended to be used for gathering fifty or more persons for uses including, but not limited to, amusement, athletic, entertainment, social, or other recreational functions; patriotic, political, civic, educational, or religious functions; food or drink consumption; awaiting transportation; or similar purposes. (2) Authority having jurisdiction. Any city, town, village, county, state agency, or other governmental unit or agency responsible for administration and enforcement of either or both of the Codes. (3) Building permit. A building permit, construction permit, demolition permit, or other permit that authorizes the performance of work. (4)Certificate of compliance. A document issued by the authority having jurisdiction stating that work was done in compliance with approved construction documents and the Codes. (5) Certificate of occupancy. A document issued by the authority having jurisdiction certifying that the building or structure, or portion thereof, complies with the approved construction documents that have been submitted to, and approved by the authority having jurisdiction, and indicating that the building or structure, or portion thereof, is in a condition suitable for occupancy. (6)Codes. The Uniform Code and Energy Code. (7)Energy Code. The New York State Energy Conservation Construction Code, Subchapter B of Chapter XXXIII of this Title, adopted pursuant to Article 11 of the Energy Law. (8)FCNYS. The 2020 Fire Code of New York State as currently incorporated by reference in Part 1225 of this Title. (9)Fire safety and property maintenance inspection. An inspection performed to determine compliance with the applicable provisions of Part 1225 of this Title and the publications incorporated therein by reference and the applicable provisions of Part 1226 of this Title and the publications incorporated therein by reference. (10) Hazardous production materials. A solid, liquid, or gas associated with semiconductor manufacturing that has a degree-of-hazard rating in health, flammability, or instability of Class 3 or 4, as ranked by NFPA 704 (Standard Systems for Identification of the Hazards of Materials for Emergency Response), and which is used directly in research, laboratory, or production processes which have, as their end product, materials that are not hazardous. (11) Mobile food preparation vehicles. Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles. (12)PMCNYS. The 2020 Property Maintenance Code of New York State as currently incorporated by reference in Part 1226 of this Title. (13)RCNYS. The 2020 Residential Code of New York State as currently incorporated by reference in Part 1220 of this Title. (14) Repair. The reconstruction, replacement, or renewal of any part of an existing building for the purpose of its maintenance or to correct damage. (15) Sugarhouse. A building used, in whole or in part, for the collection, storage, or processing of maple sap into maple syrup and/or maple sugar. (16)Uniform Code. The New York State Uniform Fire Prevention and Building Code, Subchapter A of Chapter XXXIII of this Title, adopted pursuant to Article 18 of the Executive Law. Section 1203.2 Program for administration and enforcement. (a) Every city, village, town, and county responsible for administration and enforcement of either or both of the Codes shall establish a code enforcement program to provide for such administration and enforcement by local law, ordinance, or other appropriate regulation. Such code enforcement program shall include the features and provisions described in section 1203.3 of this Part. (b)Where the State is responsible under section 1201.2 (d) of Part 1201 of this Title for administration and enforcement of the Uniform Code, the state agency or agencies determined in accordance with the provisions of Part 1204 of this Title shall administer and enforce the Codes in accordance with Part 1204 of this Title and section 1203.3 (j) of this Part. For the purposes of section 1203.3 (j)(5) of this Part, the period fixed by the code enforcement program of such state agency, as the interval between periodic condition assessments, shall not exceed three years. (c) Every state agency responsible under section 1201.2 of this Title for administration and enforcement of the Uniform Code and not otherwise included in subdivisions (a) and (b) of this section shall provide for administration and enforcement of the Codes in regulation. Any such regulation shall include the features described in section 1203.3 of this Part. (d) Every authority having jurisdiction responsible for administration and enforcement of the Uniform Code shall exercise its powers in due and proper manner so as to extend to all people of the State protection from the hazards of fire and inadequate building construction. Every authority having jurisdiction responsible for administration and enforcement of the Energy Code shall exercise its powers in due and proper manner so as to further the purposes of Article 11 of the Energy Law, as applicable. (e)An authority having jurisdiction may contract directly with an individual or business entity to perform “building safety inspector enforcement activities” or “code enforcement official enforcement activities” (as those terms are defined in Part 1208 of this Title) on behalf of the authority having jurisdiction, subject to the following conditions: (1)Where an authority having jurisdiction contracts directly with an individual or a business entity to perform any building safety inspector enforcement activities on behalf of such authority having jurisdiction, the authority having jurisdiction shall satisfy itself that each individual performing such contracted-for building safety inspector enforcement activities has qualifications comparable to those of a person who has met the requirements of Part 1208 of this Title applicable to building safety inspectors. (2) Where an authority having jurisdiction contracts directly with an individual or a business entity to perform any code enforcement official enforcement activities on behalf of such authority having jurisdiction, the authority having jurisdiction shall satisfy itself that each individual performing such contracted-for code enforcement official enforcement activities has qualifications comparable to those of a person who has met the requirements of Part 1208 of this Title applicable to code enforcement officials. (3)No agreement shall be made by which building permits, certificates of occupancy, temporary certificates of occupancy, certificates of compliance, orders, appearance tickets, or other similar documents related to administration and enforcement of either or both of the Codes are issued by other than public officers of the authority having jurisdiction. (4)“Special inspections” (as defined in the Uniform Code), including but not limited to, electrical inspections, elevator inspections, welding inspections, and smoke control system inspections are not considered to be building safety inspector enforcement activities or code enforcement official enforcement activities (as defined in Part 1208 of this Title). Accordingly, a special inspector performing a special inspection is not performing a building safety inspector enforcement activity or a code enforcement official enforcement activity and is not required to have qualifications comparable to those of a person who has met the requirements of Part 1208 of this Title. However, an authority having jurisdiction shall not accept or rely upon a special inspection unless the person performing such special inspection (i) is a qualified person employed or retained by an agency that has been approved by the authority having jurisdiction and (ii) has been approved by the authority having jurisdiction as having the competence necessary to inspect a particular type of construction requiring such special inspection. (f) The persons, offices, departments, agencies, or combinations thereof, authorized and responsible for administration and enforcement of either or both of the Codes, or any portion thereof, shall be clearly identified. Section 1203.3 Minimum features of a program for administration and enforcement. A program for administration and enforcement of either or both of the Codes shall include all features and provisions described in this section 1203.3. Each authority having jurisdiction must provide for each of the listed features through local law, ordinance, or appropriate regulation. Such authority having jurisdiction may adopt provisions for administration and enforcement that are more stringent than the minimum standards set forth in this section. (a) Building permits. (1)Each authority having jurisdiction shall include in its code enforcement program provisions requiring building permits to be required for work that must conform to either or both of the Codes. Where expressly set forth in their code enforcement program, an authority having jurisdiction may exempt from the requirement for a building permit any one or more of the categories of work listed in section 1203.3 (a)(1)(i) through (viii). An exemption from the requirement to obtain a building permit shall not be deemed an authorization for work to be performed in violation of either or both of the Codes. The following categories of work may be exempted from the requirement for a building permit: (i) construction or installation of one-story detached structures associated with one- or two-family dwellings or multiple single-family dwellings (townhouses), which are used for tool and storage sheds, playhouses, or similar uses, provided the gross floor area does not exceed 144 square feet; (ii) construction of temporary sets and scenery associated with motion picture, television, and theater uses; (iii) installation of window awnings supported by an exterior wall of a one-or two-family dwelling or multiple single-family dwellings (townhouses); (iv) installation of partitions or movable cases less than 5′-9″ in height; (v) painting, wallpapering, tiling, carpeting, or other similar finish work; (vi) installation of listed portable electrical, plumbing, heating, ventilation, or cooling equipment or appliances; (vii) replacement of any equipment provided the replacement does not alter the equipment's listing or render it inconsistent with the equipment's original specifications; and (viii) repairs, provided that the work does not have an impact on fire and life safety, such as: (a) any part of the structural system; (b) the required means of egress; or (c) the fire protection system or the removal from service of any part of the fire protection system for any period of time. (2)Each authority having jurisdiction shall include in its code enforcement program provisions requiring an application for a building permit, or an amendment thereto, to include information sufficient to enable the authority having jurisdiction to determine that the intended work accords with the requirements of the Codes. An application for a building permit shall include, but not be limited to, the following information and documentation: (i) a description of the location, nature, extent, and scope of the proposed work; (ii) the tax map number and the street address of any affected building or structure; (iii) the occupancy classification of any affected building or structure; (iv) where applicable, a statement of special inspections to be prepared in accordance with the provisions of the Uniform Code; (v) construction documents (drawings and/or specifications), in the format and quantity acceptable to the authority having jurisdiction, prepared in compliance with section 1203.3 (a)(3); (vi) any additional submittal documents in the format and quantity acceptable to the authority having jurisdiction as required by the applicable provisions of the Codes; (vii) any other information and documentation that the authority having jurisdiction may deem necessary to allow the authority having jurisdiction to determine that the proposed work conforms to the Codes. (3)Each authority having jurisdiction shall include in its code enforcement program provisions requiring construction documents submitted as part of an application for a building permit to be drawn to scale on suitable material or in electronic media. The authority having jurisdiction shall not approve required construction documents unless they show in sufficient detail that they contain the information and/or documentation required by the applicable provisions of either or both of the Codes, and including but not limited to the following, where applicable: (i)describing the location, nature, extent, and scope of the proposed work; (ii)showing that the proposed work will conform to the applicable provisions of the Codes; (iii)showing the location, construction, size, and character of all portions of the means of egress; (iv) showing a representation of the building thermal envelope; (v)showing structural information including but not limited to braced wall designs; the size, section, and relative locations of structural members; design loads; and other pertinent structural information; (vi)showing the proposed structural, electrical, plumbing, mechanical, fire-protection, and other service systems of the building; (vii)a written statement indicating compliance with the Energy Code; (viii)a site plan, drawn to scale and drawn in accordance with an accurate boundary survey, showing the size and location of new construction and existing structures and appurtenances on the site; distances from lot lines; the established street grades and the proposed finished grades; and, as applicable, flood hazard areas, floodways, and design flood elevations; (ix)evidence that the documents were prepared by a licensed and registered architect in accordance with Article 147 of the New York State Education Law or a licensed and registered professional engineer in accordance with Article 145 of the New York State Education Law and practice guidelines, including but not limited to the design professional’s seal which clearly and legibly shows both the design professional’s name and license number and is signed by the design professional whose name appears on the seal in such a manner that neither the name nor the number is obscured in any way, the design professional’s registration expiration date, the design professional’s firm name (if not a sole practitioner), and, if the documents are submitted by a professional engineering firm and not a sole practitioner professional engineer, the firm’s Certificate of Authorization number; and (x)include any other information and documentation that the authority having jurisdiction may deem necessary to allow the authority having jurisdiction to determine that the proposed work conforms to the Codes. (4)Each authority having jurisdiction shall include in its code enforcement program provisions requiring the authority having jurisdiction, or an individual or entity contracted by the authority having jurisdiction and satisfying the requirements set forth in section 1203.2 (e)(2), to examine applications for a building permit or for an amendment thereto to ascertain whether the proposed work is in conformance with the requirements of the Codes. Construction documents and any other submittal documents approved as part of a building permit application shall be so marked in writing and by stamp, or in the case of electronic media, an electronic marking. One complete set of approved construction documents and other submittal documents shall be retained by the authority having jurisdiction. One complete set shall be returned to the applicant to be available at the work site for use by the authorized representatives of the authority having jurisdiction. (5)Each authority having jurisdiction shall include in its code enforcement program provisions requiring building permits to contain a statement indicating that all work shall be performed in accordance with the approved building permit application including any supporting information and documentation, such as construction documents, written statements, submittal documents, etc. In addition, a building permit shall include a directive indicating that the building permit holder must notify the authority having jurisdiction immediately in the event of changes occurring during construction. (6)Each authority having jurisdiction shall include in its code enforcement program provisions requiring building permits to be issued with a specific expiration date. The authority having jurisdiction may provide that a building permit shall become invalid unless the work authorized is commenced within a specified period following issuance. (7)Each authority having jurisdiction shall include in its code enforcement program provisions requiring that when a building permit has been issued in error because of incorrect, inaccurate, or incomplete information, or the work for which the building permit was issued violates either or both of the Codes, such building permit shall be revoked or suspended until such time as the building permit holder demonstrates that all work completed and all work proposed shall be in compliance with applicable provisions of the Codes. (8)Each authority having jurisdiction shall include in its code enforcement program provisions requiring building permits to be visibly displayed at the worksite and to remain visible until the project has been completed. (b) Construction inspections. (1)Each authority having jurisdiction shall include in its code enforcement program provisions requiring the authority having jurisdiction, or an individual or entity contracted by the authority having jurisdiction and satisfying the requirements set forth in section 1203.2 (e)(2), to perform construction inspections required by the Codes including those listed in this paragraph, either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the authority having jurisdiction, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the authority having jurisdiction that the elements of the construction process conform with the applicable requirements of the Codes. Should a remote inspection not afford the authority having jurisdiction sufficient information to make a determination, an in-person inspection shall be performed. Inspections shall include but not be limited to the following elements of the construction process, where applicable: (i) worksite prior to the issuance of a permit; (ii) footing and foundation; (iii) preparation for concrete slab; (iv) framing; (v)structural, electrical, plumbing, mechanical, fire-protection, and other similar service systems of the building; (vi) fire resistant construction; (vii) fire resistant penetrations; (viii) solid fuel-burning heating appliances, chimneys, flues, or gas vents; (ix)inspections required to demonstrate Energy Code compliance, including but not limited to insulation, fenestration, air leakage, system controls, mechanical equipment size, and, where required, minimum fan efficiencies, programmable thermostats, energy recovery, whole-house ventilation, plumbing heat traps, high-performance lighting, and controls; (x)installation, connection, and assembly of factory manufactured buildings and manufactured homes; and (xi) a final inspection after all work authorized by the building permit has been completed. (2) Each authority having jurisdiction shall include in its code enforcement program provisions requiring work for which a permit has been issued to remain accessible and exposed until inspected and accepted by the authority having jurisdiction and requiring building permit holders to notify the authority having jurisdiction when construction work is ready for inspection. (3)Each authority having jurisdiction shall include in its code enforcement program provisions requiring that after each inspection, the authority having jurisdiction shall note the work or a portion thereof to be satisfactory as completed, or the building permit holder shall be notified as to the manner in which the work fails to comply with either or both of the Codes, including a citation to the specific code provision or provisions that have not been met. The code enforcement program shall also include provisions requiring work not in compliance with applicable provisions of either or both of the Codes to remain exposed until it has been brought into compliance with the Codes, re-inspected, and found satisfactory as completed. (c) Stop work orders. Each authority having jurisdiction shall include in its code enforcement program provisions for the authority having jurisdiction to issue stop work orders to halt work that is determined to be contrary to provisions of either or both of the Codes, is being conducted in a dangerous or unsafe manner, is being performed without obtaining a required building permit, or when a building permit has been issued in error. A stop work order shall state the reason for its issuance and the conditions which must be satisfied before work will be allowed to resume. (d) Certificates of occupancy, certificates of compliance, and temporary certificates of occupancy. (1)Each authority having jurisdiction shall include in its code enforcement program provisions for the authority having jurisdiction to issue a certificate of occupancy or a certificate of compliance for any work which is the subject of a building permit and required to comply with either or both of the codes and for all structures, buildings, or portions thereof, which are converted from one use or occupancy classification or subclassification to another. The code enforcement program shall provide that, except as provided in section 1203.3 (d)(4), permission to use or occupy a building or structure, or portion thereof, for which a building permit was previously issued, or which has been converted from one use or occupancy classification or subclassification to another, shall be granted only by issuance of a certificate of occupancy or a certificate of compliance. (2)Each authority having jurisdiction shall include in its code enforcement program a provision that precludes the authority having jurisdiction from issuing a certificate of occupancy or a certificate of compliance until the authority having jurisdiction shall have: (i) inspected the building, structure, or work and determined that the building, structure, or work is in compliance with all applicable provisions of the Codes; (ii) where applicable, received and reviewed each written statement of structural observations and/or a final report of special inspections required by any applicable provisions of the Uniform Code and determined that the information in such written statement or report adequately demonstrates compliance with the applicable provision of the Uniform Code; (iii)where applicable, received and reviewed flood hazard certifications required by any applicable provisions of the Uniform Code and determined that the information in such certifications adequately demonstrates compliance with the applicable provision of the Uniform Code; (iv) where applicable, received and reviewed each written statement of the results of tests performed to show compliance with the Energy Code and determined that the information in such statements adequately demonstrates compliance with the applicable provision of the Energy Code; and (v)where applicable, verified the affixation of the appropriate seals, insignias, and manufacturers’ data plates as required for factory manufactured buildings and/or manufactured homes. (3)Each authority having jurisdiction shall include in its code enforcement program provisions requiring a certificate of occupancy or certificate of compliance to contain the following information: (i) the building permit number, if any; (ii) the date of issuance of the building permit, if any; (iii) the name, address, and tax map number of the property; (iv) if the certificate of occupancy or certificate of compliance is not applicable to an entire structure, a description of that portion of the structure for which the certificate of occupancy or certificate of compliance is issued; (v) the use and occupancy classification of the structure; (vi) the type of construction of the structure; (vii) the occupant load of the assembly areas in the structure, if any; (viii) any special conditions imposed in connection with the issuance of the building permit; (ix) the signature of the official issuing the certificate of occupancy or certificate of compliance; and (x)the date of issuance of the certificate of occupancy or certificate of compliance. (4)Each authority having jurisdiction shall include in its code enforcement program provisions allowing the authority having jurisdiction to issue a temporary certificate of occupancy prior to the completion of the work that is the subject of a building permit. The code enforcement program shall provide that: (i)A temporary certificate of occupancy shall be limited to a specified period of time during which the building permit holder shall undertake to bring the structure into full compliance with applicable provisions of the Codes. (ii)The temporary certificate of occupancy shall specify the portion or portions of the building or structure that may be occupied pursuant to the temporary certificate of occupancy, and any special terms or conditions of such occupancy that the authority having jurisdiction may deem to be appropriate to ensure the health and safety of the persons occupying and using the building or structure and/or performing further construction work in the building or structure. (iii)The temporary certificate of occupancy shall also include the information mentioned in section 1203.3 (d)(3). (iv)An authority having jurisdiction shall not issue a temporary certificate of occupancy until it determines that the following conditions are met: (a)the structure or portions thereof may be occupied safely; (b)any required fire and life safety components, such as fire protection equipment and fire, smoke, carbon monoxide, and heat detectors and alarms are installed and operational; and (c) all required means of egress from the structure have been provided. (5)Each authority having jurisdiction shall include in its code enforcement program provisions requiring a certificate of occupancy, certificate of compliance, or temporary certificate of occupancy issued in error or on the basis of incorrect information to be suspended or revoked by the authority having jurisdiction if the relevant deficiencies are not corrected within a specified period of time. (e) Notification regarding fire or explosion. Each authority having jurisdiction shall include in its code enforcement program procedures t for the chief of any fire department providing firefighting services for a property to notify the authority having jurisdiction of any fire or explosion involving any structural damage, fuel-burning appliance, chimney or gas vent. (f)Unsafe structures and equipment and conditions of imminent danger. Each authority having jurisdiction shall include in its code enforcement program procedures for the authority having jurisdiction to identify and address unsafe structures and equipment and conditions of imminent danger consistent with the requirements of the Uniform Code. (g) Operating permits. (1)Each authority having jurisdiction shall include in its code enforcement program provisions requiring operating permits for conducting any process or activity or for operating any type of building, structure, or facility listed in this paragraph as follows: (i) manufacturing, storing, or handling hazardous materials in quantities exceeding those listed in the applicable Maximum Allowable Quantity tables found in Chapter 50 of the FCNYS; (ii)buildings, structures, facilities, processes, and/or activities that are within the scope and/or permit requirements of the chapter or section title of the FCNYS listed and described in section 1203.3 (g)(1)(ii) as follows: (a) Chapter 22, “Combustible Dust-Producing Operations.” Facilities where the operation produces combustible dust; (b) Chapter 24, “Flammable Finishes.” Operations utilizing flammable or combustible liquids, or the application of combustible powders regulated by Chapter 24 of the FCNYS; (c) Chapter 25, “Fruit and Crop Ripening.” Operating a fruit- or crop-ripening facility or conducting a fruit-ripening process using ethylene gas; (d) Chapter 26, “Fumigation and Insecticidal Fogging.” Conducting fumigation or insecticidal fogging operations in buildings, structures, and spaces, except for fumigation or insecticidal fogging performed by the occupant of a detached one-family dwelling; (e) Chapter 31, “Tents, Temporary Special Event Structures, and Other Membrane Structures.” Operating an air-supported temporary membrane structure, a temporary special event structure, or a tent where approval is required pursuant to Chapter 31 of the FCNYS; (f)Chapter 32, “High-Piled Combustible Storage.” High-piled combustible storage facilities with more than 500 square feet (including aisles) of high-piled storage; (g) Chapter 34, “Tire Rebuilding and Tire Storage.” Operating a facility that stores in excess of 2,500 cubic feet of scrap tires or tire byproducts or operating a tire rebuilding plant; (h) Chapter 35, “Welding and Other Hot Work.” Performing public exhibitions and demonstrations where hot work is conducted, use of hot work, welding, or cutting equipment, inside or on a structure, except an operating permit is not required where work is conducted under the authorization of a building permit or where performed by the occupant of a detached one- or two-family dwelling; (i) Chapter 40, “Sugarhouse Alternative Activity Provisions.” Conducting an alternative activity at a sugarhouse; (j) Chapter 56, “Explosives and Fireworks.” Possessing, manufacturing, storing, handling, selling, or using, explosives, fireworks, or other pyrotechnic special effects materials except the outdoor use of sparkling devices as defined by Penal Law section 270; (k)Section 307, “Open Burning, Recreational Fires and Portable Outdoor Fireplaces.” Conducting open burning, not including recreational fires and portable outdoor fireplaces; (l) Section 308, “Open Flames.” Removing paint with a torch, or using open flames, fire, and burning in connection with assembly areas or educational occupancies; and (m)Section 319, “Mobile Food Preparation Vehicles.” Operating a mobile food preparation vehicle. (iii)energy storage systems, where the system exceeds the values shown in Table 1206.1 of the FCNYS or exceeds the permitted aggregate ratings in section R327.5 of the RCNYS. (iv) buildings containing one or more assembly areas; (v)outdoor events where the planned attendance exceeds 1,000 persons; (vi)facilities that store, handle or use hazardous production materials; (vii)parking garages as defined in section 1203.3 (j); (viii)buildings whose use or occupancy classification may pose a substantial potential hazard to public safety, as determined by the authority having jurisdiction; and (ix) other processes or activities or for operating any type of building, structure, or facility at the discretion of the authority having jurisdiction. (2)Where specifically identified in their code enforcement program, an authority having jurisdiction may exempt from the requirement for an operating permit the processes or activities, or the buildings, structures, or facilities listed in section 1203.3 (g)(1), provided that the use is expressly authorized by a certificate of occupancy or certificate of compliance, fire safety and property maintenance inspections are performed in accordance with section 1203.3 (h), and condition assessments are performed in compliance with section 1203.3 (j), as applicable. Neither this paragraph nor the provisions of the code enforcement program of the authority having jurisdiction that implement this paragraph shall limit or impair the right of the authority having jurisdiction to take any other enforcement action, including but not limited to those specified in section 1203.5 of this Part, as may be necessary or appropriate in response to any citation of non-compliance found during a fire safety and property maintenance inspection. (3)Each authority having jurisdiction shall include in its code enforcement program provisions requiring parties who propose to undertake the types of activities or operate the types of buildings listed in section 1203.3 (g)(1), and not otherwise exempted by section 1203.3 (g)(2), to obtain an operating permit prior to commencing such activity or operation. The code enforcement program shall also include provisions requiring an application for an operating permit to contain sufficient information to enable a determination that quantities, materials, and activities conform to the requirements of the Uniform Code. Tests or reports necessary to verify conformance shall be required. (4)Each authority having jurisdiction shall include in its code enforcement program provisions requiring the authority having jurisdiction, or an individual or entity contracted by the authority having jurisdiction and satisfying the requirements set forth in section 1203.2 (e)(2), to perform an inspection of the premises prior to the issuance or renewal of an operating permit. Such inspections shall be performed either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the authority having jurisdiction, the remote inspection can be performed to the same level and quality as an in- person inspection and the remote inspection shows to the satisfaction of the authority having jurisdiction that the premises conform with the applicable requirements of the Uniform Code and the code enforcement program. Should a remote inspection not afford the authority having jurisdiction sufficient information to make a determination, an in-person inspection shall be performed. After inspection, the premises shall be noted as satisfactory and the operating permit shall be issued, or the operating permit holder shall be notified as to the manner in which the premises fails to comply with either or both of the Uniform Code and the code enforcement program, including a citation to the specific provision or provisions that have not been met. (5)Where specifically identified in their code enforcement program, an authority having jurisdiction may allow a single operating permit to apply to more than one hazardous activity. (6)Each authority having jurisdiction shall include in its code enforcement program provisions for operating permits to remain in effect until reissued, renewed, or revoked and shall be issued for a specified period of time consistent with local conditions, but in no event to exceed: (i)180 days for tents, special event structures, and other membrane structures; (ii)60 days for alternative activities at a sugarhouse; (iii)three years for the activities, structures, and operations determined per section 1203.3 (g)(1)(ix), and (iv)one year for all other activities, structures, and operations identified in section 1203.3 (g)(1). (7)Each authority having jurisdiction shall include in its code enforcement program provisions requiring the authority having jurisdiction, or an individual or entity contracted by the authority having jurisdiction and satisfying the requirements set forth in section 1203.2 (e)(1) or 1203.2 (e)(2), to revoke or suspend an operating permit where a process or activity, or the operation of any type of building, structure, or facility does not comply with applicable provisions of the Uniform Code. (h) Fire safety and property maintenance inspections. (1)Each authority having jurisdiction shall include in its code enforcement program provisions requiring the authority having jurisdiction, or an individual or entity contracted by the authority having jurisdiction and satisfying the requirements set forth in section 1203.2 (e)(1) or 1203.2 (e)(2), to perform fire safety and property maintenance inspections either in-person or remotely. Remote inspections in lieu of in-person inspections may be performed when, at the discretion of the authority having jurisdiction, the remote inspection can be performed to the same level and quality as an in-person inspection and the remote inspection shows to the satisfaction of the authority having jurisdiction that the premises conform with the applicable requirements of the Codes. Should a remote inspection not afford the authority having jurisdiction sufficient information to make a determination, an in-person inspection shall be performed. Fire safety and property maintenance inspections shall be performed at intervals consistent with local conditions, but in no event shall such intervals exceed: (i)one year for buildings which contain an assembly area; (ii) one year for public and private schools and colleges, including any buildings of such schools or colleges containing classrooms, dormitories, fraternities, sororities, laboratories, physical education, dining or recreational facilities; and (iii)three years for multiple dwellings and all nonresidential occupancies. (2)Each authority having jurisdiction shall include in its code enforcement program provisions requiring that after each inspection, the authority having jurisdiction shall note the premises as satisfactory, or the owner and operator shall be notified as to the manner in which the premises fails to comply with the Uniform Code, including a citation to the specific Uniform Code provision or provisions that have not been met. (3)Nothing in this subdivision shall require or be construed to require regular, periodic inspections of (A) owner-occupied one and two-family dwellings, or (B) agricultural buildings used directly and solely for agricultural purposes, provided, however, that this shall not be a limitation on inspections conducted at the invitation of the owner or occupant, or where conditions on the premises threaten or present a hazard to public health, safety, or welfare. (4)In the case of a building referred to in section 1203.3 (h)(1)(ii), an authority having jurisdiction may accept an inspection performed by the Office of Fire Prevention and Control or other authorized entity pursuant to sections 807-a and 807-b of the Education Law and/or section 156-e of the Executive Law, in lieu of an inspection performed by the authority having jurisdiction or an individual or entity contracted by the authority having jurisdiction, provided that (i) the authority having jurisdiction satisfies itself that the individual performing such inspection satisfies the requirements set forth in section 1203.2 (e)(1) or 1203.2 (e)(2); (ii) the authority having jurisdiction satisfies itself that such inspection covers all elements required to be covered by a fire safety and property maintenance inspection; (iii) such inspections are performed no less frequently than once a year; (iv) a true and complete copy of the report of each such inspection is provided to the authority having jurisdiction; and (v) upon receipt of each such report, the authority having jurisdiction takes the appropriate action prescribed by paragraph (2) of this subdivision or verifies the authorized entity performing the inspection has taken the appropriate action consistent with paragraph (2) of this subdivision. (i) Procedure for complaints. Procedures shall be established for addressing bona fide complaints which assert that buildings, structures, conditions, or activities fail to comply with either or both of the Codes or with local laws, ordinances, or regulations adopted for administration and enforcement of the either or both of the Codes. The process for responding to such complaints shall include, when appropriate, provisions for inspection of the buildings, structures, conditions, and/or activities alleged to be in violation. (j) Condition assessments of parking garages. (1) General. Each authority having jurisdiction shall include in its code enforcement program provisions requiring condition assessments of parking garages. Such provisions shall include, at a minimum, the requirements and features described in this subdivision. (2) Definitions. For the purposes of section 1203.3 (j), the following terms shall be deemed to have the meanings shown in this paragraph: (i)Condition assessment. 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. (ii)Deterioration. 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. (iii)Parking garage. Any building or structure, or part thereof, in which any structural level, or part thereof 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 entirely supported on soil or engineered fill, and not supported on structural framing; (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. (iv)Professional engineer. 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. (v)Responsible professional engineer. 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. (vi)Unsafe condition. The conditions identified as unsafe in sections 304.1.1, 305.1.1, and 306.1.1 of the PMCNYS. (vii)Unsafe structure. 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. (3)Condition assessments – general requirements. The owner or operator of each parking garage shall cause such parking garage to undergo an initial condition assessment as described in section 1203.3 (j)(4), periodic condition assessments as described in section 1203.3 (j)(5), and such additional condition assessments as may be required under section 1203.3 (j)(6). Each condition assessment shall be conducted by or under the direct supervision of a responsible professional engineer. A written report of each condition assessment shall be prepared and provided to the authority having jurisdiction, in accordance with the requirements of section 1203.3 (j)(7). 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. (4) Initial condition assessment. Each parking garage shall undergo an initial condition assessment as follows: (i)Parking garages constructed on or after August 29, 2018, shall undergo an initial condition assessment following construction and prior to a certificate of occupancy or certificate of compliance being issued for the structure. (ii)Parking garages constructed prior to August 29, 2018, 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 August 28, 2018, then prior to October 1, 2021. (5) 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 the lesser of: (i) three years; or (ii) at such shorter period as may be fixed by the authority having jurisdiction in its code enforcement program. (6) Additional condition assessments. (i) 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 section 1203.3 (j)(5), the authority having jurisdiction 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. (ii) If the authority having jurisdiction becomes aware of any new or increased deterioration which, in the judgment of the authority having jurisdiction, 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 section 1203.3 (j)(5), the authority having jurisdiction 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 authority having jurisdiction to be appropriate. (7) 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 authority having jurisdiction within such time period as fixed by the authority having jurisdiction. Such condition assessment report shall be sealed and signed by the responsible professional engineer, and shall include: (i) an evaluation and description of the extent of deterioration and conditions that cause deterioration that could result in an unsafe condition or unsafe structure; (ii) 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; (iii) an evaluation and description of the unsafe conditions; (iv) an evaluation and description of the problems associated with the deterioration, conditions that cause deterioration, and unsafe conditions; (v) an evaluation and description of the corrective options available, including the recommended timeframe for remedying the deterioration, conditions that cause deterioration, and unsafe conditions; (vi) an evaluation and description of the risks associated with not addressing the deterioration, conditions that cause deterioration, and unsafe conditions; (vii) the responsible professional engineer’s recommendation regarding preventative maintenance; (viii) 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 (ix) 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. (8) The authority having jurisdiction shall review each condition assessment report. The authority having jurisdiction 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 authority having jurisdiction shall, by order to remedy or such other means of enforcement as the authority having jurisdiction 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 section 1203.3 (j)(7)(ii) and section 1203.3 (j)(7)(iii). All repairs and remedies shall comply with the applicable provisions of the Uniform Code. Neither this paragraph nor the provisions of the code enforcement program of the authority having jurisdiction that implement this paragraph shall limit or impair the right of the authority having jurisdiction to take any other enforcement action, including but not limited to placing a do not occupy order or 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. (9) The authority having jurisdiction 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 authority having jurisdiction with a written statement attesting to the fact that he or she has been so engaged, the authority having jurisdiction shall make the previously prepared condition assessment reports for such parking garage (or copies of such reports) available to such professional engineer. The authority having jurisdiction 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. (10) Neither this subdivision nor the provisions of the code enforcement program of the authority having jurisdiction that implement this subdivision shall limit or impair the right or the obligation of the authority having jurisdiction: (i) to perform such construction inspections as are required by the stricter of section 1203.3 (b) or the code enforcement program of the authority having jurisdiction; (ii) to perform such periodic fire safety and property maintenance inspections as are required by the stricter of section 1203.3 (h) or the code enforcement program of the authority having jurisdiction; and/or (iii) 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 authority having jurisdiction 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. (11) The use of the term responsible professional engineer in this subdivision 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. (k) Climatic and Geographic Design Criteria. The city, town, and village responsible for administration and enforcement of the Uniform Code shall establish and make available climatic and geographic design criteria as required by the Uniform Code. This includes, but is not limited to: (1)Establishing design criteria to include ground snow load; wind design loads; seismic category; potential damage from weathering, frost, and termite; winter design temperature; whether ice barrier underlayment is required; the air freezing index; and the mean annual temperature; (2)Establishing heating and cooling equipment design criteria for structures within the scope of the RCNYS. The design criteria shall include the data identified in the Design Criteria Table found in Chapter 3 of the RCNYS; and (3)Establishing flood hazard areas, flood hazard maps, and supporting data. The flood hazard map shall include, at a minimum, special flood hazard areas as identified by the Federal Emergency Management Agency in the Flood Insurance Study for the community, as amended or revised with: (i)the accompanying Flood Insurance Rate Map (FIRM); (ii)Flood Boundary and Floodway Map (FBFM); and (iii) related supporting data along with any revisions thereto. (l) Recordkeeping. A system of records of the features and activities specified in section 1203.3 (a) through section 1203.3 (k) and of fees charged and collected, if any, shall be established and maintained. Section 1203.4 Program review and reporting. (a) Every city, village, town, and county charged under subdivision 2 of section 381 of the Executive Law with administration and enforcement of the Uniform Code shall annually submit to the Secretary of State, on a form prescribed by the Secretary of state, a report of its activities relative to administration and enforcement of the Codes. (b) Upon request of the Department of State, every authority having jurisdiction shall provide to the Department of State true and complete copies of the records and related materials such authority having jurisdiction is required to maintain; true and complete copies of such portion of such records and related materials as may be requested by the Department of State; and/or such excerpts, summaries, tabulations, statistics, and other information and accounts of its activities in connection with administration and enforcement of either or both of the Codes as may be requested by the Department of State. Failure to produce the requested materials within a reasonable timeframe shall permit an inference that the minimum standards of this Part have not been met. No such inference shall be based on the failure to provide copies of records if such records were, prior to a request for copies, disposed of pursuant to the applicable records retention and disposition schedules established by the authority having jurisdiction or pursuant to the Arts and Cultural Affairs Law. Section 1203.5 Compliance with an order to remedy. (a)Introduction and purpose. Section 381 of the Executive Law provides for the administration and enforcement of the Codes and authorizes the Secretary of State to promulgate regulations establishing minimum standards for such administration and enforcement. In addition, subdivision 2 of section 382 of the Executive Law provides, in part, that any person, having been served, either personally or by registered or certified mail, with an order to remedy any condition found to exist in, on, or about any building in violation of the Uniform Code, who shall fail to comply with such order within the time fixed by the regulations promulgated by the Secretary of State pursuant to subdivision 1 of section 381 of the Executive Law, such time period to be stated in the order, shall be punishable by a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both. The purpose of this section is to fix, for the purposes of subdivision 2 of section 382 of the Executive Law, the time within which a person or entity served with an order to remedy is required to comply with such order to remedy. (b)Definitions. In this section, the following terms shall have the following meanings: (1)Order to remedy. An order to remedy any condition found to exist in, on, or about any building in violation of the Uniform Code. (2)Comply with an order to remedy. To remedy completely each violation described in the order to remedy. (c)Time for compliance with order to remedy. For the purposes of subdivision 2 of section 382 of the Executive Law, the time within which a person or entity served with an order to remedy is required to comply with such order to remedy is hereby fixed at 30 days following the date of such order to remedy. (d)Statement to be included in order to remedy. For the purpose of complying with that part of subdivision 2 of section 382 of the Executive Law that provides “such time period to be stated in the order,” an order to remedy shall include a statement substantially similar to the following: “The person or entity served with this Order to Remedy must completely remedy each violation described in this Order to Remedy by _____ [specify date], which is thirty (30) days after the date of this Order to Remedy.” (e) Service. An order to remedy shall be served personally or by certified or registered mail within five days of the date of the order. For the purposes of this section: (1) if an order to remedy is served personally by any authorized means that requires more than one action by the person effecting service (such as service by “delivery and mail” similar to that authorized by CPLR 308[2]), the order to remedy shall be deemed to be served on the date on which the last required action is taken; and (2) an order to remedy served by certified or registered mail shall be deemed to be served on the date it is mailed. (f)Requiring immediate commencement of corrective action. Nothing in this section shall be construed as prohibiting any authority having jurisdiction that issues an order to remedy from including in such order to remedy provisions ordering the person or entity served with such order to remedy: (1) to begin to remedy the violations described in the order to remedy immediately, or within some other specified period of time which may be less than 30 days; to continue diligently to remedy such violations until each such violation is fully remedied; and, in any event, to complete the remedying of all such violations within 30 days of the date of such order to remedy; and/or (2) to take such other protective actions (such as vacating the building or barricading the area where the violations exist) which are authorized by the code enforcement program of the authority having jurisdiction or by any other applicable statute, regulation, rule, local law or ordinance, and which the authority having jurisdiction may deem appropriate, during the period while such violations are being remedied. (g)Other means of enforcing the Uniform Code. Nothing in this section shall be construed as requiring an authority having jurisdiction to issue an order to remedy in a given situation where violations of the Uniform Code are found to exist if, in the judgment of the authority having jurisdiction, such violations can be addressed adequately by the use of other enforcement tools or by other means. Nothing in this section shall be construed as limiting the authority of an authority having jurisdiction to employ any other means of enforcing either or both of the Codes, including, but not limited to: (1)issuing notices of violation; (2) issuing appearance tickets; (3) commencing and prosecuting an appropriate action or proceeding pursuant to that part of subdivision 2 of section 382 of the Executive Law that provides that any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the “construction” (as defined in subdivision 4 of section 372 of the Executive Law) of any building who shall knowingly violate any of the applicable provisions of the Uniform Code or any lawful order of a city, village, town, county, state agency or the Secretary of State made thereunder regarding standards for construction, maintenance, or fire protection equipment and systems, shall be subject to a fine of not more than $1,000 per day of violation, or imprisonment not exceeding one year, or both for the first 180 days, and for the following 180 days shall be punishable by a fine of no less than $25 and not more than $1,000 per day of violation or imprisonment not exceeding one year, or both and thereafter shall be punishable by a fine of no less than $50 and not more than $1,000 per day of violation or imprisonment not exceeding one year, or both; (4) commencing and prosecuting an appropriate action or proceeding pursuant to subdivision 3 of section 382 of the Executive Law which seeks, in a case where the construction or use of a building is in violation of any provision of the Uniform Code or any lawful order obtained thereunder, an order from a Justice of the Supreme Court, New York City civil court, a city court, district court, or county court directing the removal of the building or an abatement of the condition in violation of such provisions; (5)commencing and prosecuting an appropriate action or proceeding pursuant to subdivision 4 of section 382 of the Executive Law that provides that where a building has been altered in violation of any provision of the uniform code or any lawful order obtained thereunder, and such alteration impedes a person's egress from such building during a fire or other emergency evacuation, the owner of such building who has knowledge of such alteration or should have had knowledge of such alteration shall be subject to a civil penalty of up to $7,500; (6) issuing stop work orders; (7) revoking or suspending building permits, operating permits, and/or certificates of occupancy pursuant to the procedures established in the code enforcement program of the authority having jurisdiction or pursuant to any other applicable statute, regulation, rule, local law or ordinance; (8) commencing and prosecuting an appropriate action or proceeding to impose such criminal and/or civil sanctions as may be provided in any applicable statute, regulation, rule, local law or ordinance; (9) condemning and/or placarding a building in accordance with the applicable provisions of the Uniform Code; (10) taking any action authorized by the procedures for identifying and addressing unsafe structures and equipment as established in the code enforcement program of the authority having jurisdiction or by any other applicable statute, regulation, rule, local law or ordinance; or (11) issuing orders to remedy violations of the Energy Code pursuant to subdivision (1) of section 11- 108 of the Energy Law. (h)Office of Fire Prevention and Control. For the purposes of this section, the term order to remedy shall not include any order issued by the Office of Fire Prevention and Control pursuant to section 156-e of the Executive Law (or pursuant to any regulation promulgated thereunder) requiring the remedying of any condition found to exist in, on or about any building under the jurisdiction of a public college or independent college (as these terms are defined in section 807-b of the Education Law) which violates the Uniform Code. Nothing in this section shall be construed as fixing the time within which a public college or independent college shall have to comply with any such order, or as requiring any such order to include the statement prescribed in section 1203.5 (d). PROPOSED RESOLUTION City Administration Committee November 30, 2022 3.8 An Ordinance Amending Ithaca City Code Section 346-6, Speed Limits - Declaration of Lead Agency WHEREAS, 6 NYCRR Part 617 of the State Environmental Quality Review Law and Section 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, Common Council proposes to amend City Code Section 346-6 to lower the citywide speed limit from 30 mph to 25 mph, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance § 176-4 and the State Environmental Quality Review Act § 617.4 b. and is subject to environmental review, now, therefore, be it RESOLVED, that the City of Ithaca Common Council, as the agency having primary responsibility for approving and funding or carrying out the action does, by way of this resolution, declare itself Lead Agency in Environmental Review for the proposed Ordinance Amending Ithaca City Code Section 346-6, Speed Limits. PROPOSED RESOLUTION City Administration Committee November 30, 2022 3.9 An Ordinance Amending Ithaca City Code Section 346-6, Speed Limits – Negative Declaration of Environmental Significance WHEREAS, Common Council proposes to amend City Code Section 346-6 to lower the citywide speed limit from 30 mph to 25 mph, and WHEREAS, this is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO”) §176-4 and the State Environmental Quality Review Act (“SEQRA”) §617.4 b and is subject to environmental review, and WHEREAS, Common Council, as the agency having primary responsibility for approving and funding or carrying out the action did, on December 7, 2022, declare itself Lead Agency in Environmental Review, and WHEREAS, Common Council, acting as Lead Agency, has on December 7, 2022, reviewed and accepted as complete a Short Environmental Assessment Form (“SEAF”) prepared by City staff and other related materials, and WHEREAS, Common Council, acting as Lead Agency, after completing a thorough analysis of the Environmental Information and potential environmental impacts associated with the action, has determined, as more clearly elaborated in the SEAF, that proposed amendment will not have any potentially significant adverse environmental impacts, now, therefore, be it RESOLVED, that Common Council determines that the proposed amendment will result in no significant adverse impact on the environment and this resolution, which was adopted by a majority vote of Council, shall serve as the Negative Declaration (as defined in 6 N.Y.C.R.R. 617.2) for the action, and is issued by Common Council, acting as Lead Agency pursuant to and in accordance with CEQRO and SEQRA. PROPOSED ORDINANCE City Administration Committee November 30, 2022 3.10 An Ordinance Amending Ithaca City Code Section 346-6, “Speed Limits” WHEREAS, in August 2022, the Governor signed into law Assembly Bill A1007A, amending section 1643 of the state Vehicle and Traffic Law to, among other things, authorize cities to reduce speed limits to twenty-five miles per hour, and WHEREAS, Section 346-6(A) of the Ithaca City Code previously set the citywide speed limit on streets and highways within the City at 30 miles per hour (subject to certain exceptions), WHEREAS, the Common Council of the City of Ithaca desires to lower the citywide speed limit to twenty-five miles per hour for the reasons and on the basis of the findings set forth in this Ordinance; now, therefore ORDINANCE 2022-__ BE IT ORDAINED AND 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. Reduced vehicle speeds reduce the likelihood of injuries and fatalities of pedestrians from vehicle-on-pedestrian collisions; 2. Reduced vehicle speeds narrow the difference in operating speeds of motor vehicles and bicycles, improving safety for cyclists; 3.Studies show that citywide speed limit reductions result in overall lower speeds, such as a study by the Insurance Institute for Highway Safety of a citywide speed limit reduction in Boston lowering the limit from 30 to 25 miles per hour; 4.A speed limit reduction from 30 to 25 miles per hour represents an average increase in travel times of only 24 seconds per mile; 5. For the types of roadways most common in the City of Ithaca, the Federal Highway Administration recommends speed limits of no greater than 25 miles per hour; 6. Lower speed limits provide greater flexibility in roadway design; 7. Lowering the speed limit to 25 miles per hour will benefit the City of Ithaca by improving safety for pedestrians, cyclists, and motorists with only minor increases to travel times. Section 2. Code Amendment. Section 346-5(A) of the Ithaca City Code is hereby amended as follows: § 346-6 Speed limits. A. The maximum speed at which vehicles may proceed on or along any streets or highways within the City is hereby established at 30 25 miles per hour, except as otherwise posted, and that the speed limit for vehicles proceeding on or along those streets or parts of streets described inSchedule II of the traffic regulations of the Board of Public Works shall be as indicated in saidschedule. This provision shall not apply to ambulances, fire vehicles or police vehicles when onemergency trips. … Section 3. 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 4. Effective Date This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 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 zoningregulations? 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 theestablishment of a Critical Environmental Area (CEA)? 5.Will the proposed action result in an adverse change in the existing level of traffic oraffect 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 incorporatereasonably 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 drainageproblems? 11.Will the proposed action create a hazard to environmental resources or human health? SEAF 2019 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: STATE OF NEW YORK ________________________________________________________________________ 1007--A 2021-2022 Regular Sessions IN ASSEMBLY January 7, 2021 ___________ Introduced by M. of A. PAULIN, DINOWITZ, JACOBSON, WOERNER, THIELE, WALCZYK, MORINELLO, BYRNES, GOTTFRIED, McDONOUGH, RA, SMULLEN, FAHY, STECK, KELLES, DURSO, McMAHON, FORREST, HEVESI, SIMON, BURDICK, FRON- TUS, CRUZ, GLICK, NORRIS, SALKA, DE LOS SANTOS, GONZALEZ-ROJAS -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Transportation -- recommitted to the Committee on Trans- portation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the vehicle and traffic law, in relation to authorizing cities, villages and towns to reduce the speed limit to twenty-five miles per hour The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1643 of the vehicle and traffic law, as amended by 2 chapter 412 of the laws 2012, is amended to read as follows: 3 § 1643. Speed limits on highways in cities and villages. The legisla- 4 tive body of any city or village with respect to highways (which term 5 for the purposes of this section shall include private roads open to 6 public motor vehicle traffic) in such city or village, other than state 7 highways maintained by the state on which the department of transporta- 8 tion shall have established higher or lower speed limits than the statu- 9 tory fifty-five miles per hour speed limit as provided in section 10 sixteen hundred twenty of this title, or on which the department of 11 transportation shall have designated that such city or village shall not 12 establish any maximum speed limit as provided in section sixteen hundred 13 twenty-four of this title, subject to the limitations imposed by section 14 sixteen hundred eighty-four of this title may by local law, ordinance, 15 order, rule or regulation establish maximum speed limits at which vehi- 16 cles may proceed within such city or village, within designated areas of 17 such city or village or on or along designated highways within such city EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics [ ] is old law to be omitted. LBD02142-02-2 A. 1007--A 2 1 or village higher or lower than the fifty-five miles per hour maximum 2 statutory limit. No such speed limit applicable throughout such city or 3 village or within designated areas of such city or village shall be 4 established at less than [ ] miles per hour; exceptthirtytwenty-five 5 that in the city of Long Beach, in the county of Nassau, speed limits 6 may be established at not less than fifteen miles per hour on any 7 portion of the following highways in such city: Cleveland avenue, Hard- 8 ing avenue, Mitchell avenue, Belmont avenue, Atlantic avenue, Coolidge 9 avenue, Wilson avenue and Taft avenue. No such speed limit applicable on 10 or along designated highways within such city or village shall be estab- 11 lished at less than twenty-five miles per hour, except that school speed 12 limits may be established at not less than fifteen miles per hour, for a 13 distance not to exceed one thousand three hundred twenty feet, on a 14 highway passing a school building, entrance or exit of a school abutting 15 on the highway and except that within the cities of Buffalo and Roches- 16 ter speed limits may be established at not less than fifteen miles per 17 hour for any portion of a highway within a city park. No speed limits 18 shall be established pursuant to the provisions of this section except 19 in accordance with the engineering considerations and factors for speed 20 limits set forth in the manual and specifications for a uniform system 21 of traffic control devices maintained by the commissioner of transporta- 22 tion pursuant to section sixteen hundred eighty of this title, as such 23 manual and specifications may be amended from time to time, certified by 24 a licensed professional engineer who specializes in traffic operations. 25 § 2. Section 1662-a of the vehicle and traffic law, as amended by 26 chapter 405 of the laws of 2012, is amended to read as follows: 27 § 1662-a. Speed limits in certain towns. The town board of any subur- 28 ban town governed pursuant to article three-A of the town law and the 29 town board of any other town having a population exceeding fifty thou- 30 sand, with respect to highways (which term for the purposes of this 31 section shall include private roads open to public motor vehicle traf- 32 fic) in such towns outside any village, other than state highways main- 33 tained by the state on which the department of transportation shall have 34 established higher or lower speed limits than the statutory fifty-five 35 miles per hour speed limit as provided in section sixteen hundred twenty 36 of this title, or on which the department of transportation shall have 37 designated that such towns shall not establish any maximum speed limit 38 as provided in section sixteen hundred twenty-four of this title, 39 subject to the limitations imposed by section sixteen hundred eighty- 40 four of this title may by local law, ordinance, order, rule or regu- 41 lation establish maximum speed limits at which vehicles may proceed 42 within such towns, within designated areas of such towns or on or along 43 designated highways within such towns lower than the fifty-five miles 44 per hour maximum statutory limit. No such speed limit applicable 45 throughout such towns or within designated areas of such towns shall be 46 established at less than [] miles per hour, exceptthirtytwenty-five 47 that in the town of Hempstead speed limits may be established at not 48 less than fifteen miles per hour on any portion of a highway in the 49 community known as Point Lookout and on all or any portion of the 50 following highways in the community known as Lido Beach: Ocean Boule- 51 vard, Allevard Street, Bath Street, Buxton Street, Cheltenham Street, 52 Pinehurst Street, Harrogate Street, Matlock Street, Nantwick Street, 53 Biarritz Street, Royat Street, Luchon Street, Woodhail Street, Leaming- 54 ton Street, Saratoga Street, Kensington Street, and Prescott Street; 55 provided, however, that no such speed limit in such town may be estab- 56 lished unless a majority of the residents of each such community file a A. 1007--A 3 1 petition with the town board of such town requesting such speed limit. 2 No such speed limit applicable on or along designated highways within 3 such towns shall be established at less than twenty-five miles per hour, 4 except that school speed limits may be established at not less than 5 fifteen miles per hour, for a distance not to exceed one thousand three 6 hundred twenty feet, on a highway passing a school building, entrance or 7 exit of a school abutting on the highway, and except further that in the 8 town of Hempstead speed limits may be established at not less than 9 fifteen miles per hour on any portion of a highway in the communities 10 known as Point Lookout and Lido Beach; provided, however, that no such 11 speed limit in such town may be established unless a majority of the 12 residents of each such community file a petition with the town board of 13 such town requesting such speed limit. No speed limits shall be estab- 14 lished pursuant to the provisions of this section except in accordance 15 with the engineering considerations and factors for speed limits set 16 forth in the manual and specifications for a uniform system of traffic 17 control devices maintained by the commissioner of transportation pursu- 18 ant to section sixteen hundred eighty of this title, as such manual and 19 specifications may be amended from time to time, certified by a licensed 20 professional engineer who specializes in traffic operations. 21 § 3. Subdivision 2 of section 1622 of the vehicle and traffic law, as 22 amended by chapter 83 of the laws of 1969, is amended to read as 23 follows: 24 2. Establish maximum speed limits at which vehicles may proceed on or 25 along all such highways lying within an area or areas as designated by a 26 description of the boundaries of such area or areas submitted by the 27 county superintendent of highways of a county and the town board of the 28 town or towns affected lower than fifty-five miles per hour statutory 29 maximum speed limit. No such limit shall be established at less than 30 [] miles per hour.thirty twenty-five 31 § 4. This act shall take effect immediately. PROPOSED RESOLUTION City Administration Committee November 30, 2022 3.11 A Resolution to Provide Funds for the Replacement of Speed Limit Signs WHEREAS, Common Council is considering an ordinance amending Ithaca City Code Section 346-6, “Speed Limits,” to reduce the citywide speed limit from 30 miles per hour to 25 miles perhour, and WHEREAS, in connection with the reduction of the citywide speed limit, approximately 135 existing speed limit signs will need to be replaced, and WHEREAS, the cost of replacement of the signs is estimated to be $30,000, now, therefore, be it RESOLVED, That Common Council hereby authorizes the transfer of an amount not to exceed $30,000 from Account A1990 Unrestricted Contingency to Account A3311-5435 DPW Traffic Control contracts for the purpose of funding the replacement of speed limit signs in connection with the citywide speed limit reduction. CITY OF ITHACA PARKING DIVISION c/o 108 E. Green Street Ithaca, New York 14850-6590 PARKING DIVISION LOCATION 202 E. Seneca Street Telephone: 607/882-2351 Fax: 607/274-6587 To: City Administration Committee Members From: Eric Hathaway, Director of Transportation and Parking Date: November 17, 2022 Re: Ordinance and Resolution Regarding City-Wide Speed Limit Change On August 12, 2022 Governor Hochul signed the attached legislation (A.1007-A/S.2021-A) allowing municipalities to set area-wide speed limits as low as 25 miles per hour. Previously, 30 mph was the minimum speed limit for cities and villages with populations under 1,000,000. In 2019, Common Council officially supported my efforts to work towards changing the State Vehicle and Traffic Code to permit lower speed limits through a resolution (see attached). We had hoped to achieve 20 mph as a minimum, but still see this as a significant win for transportation safety in New York State. Now that we are permitted to set area-wide speed limits of 25 mph, we wish to move in this direction as the default speed limit in Ithaca. We have performed several analyses using the nationally recognized standards for speed limit setting (USLimits2) of roadways in the City and have found that 25 mph is generally the recommended speed limit. Lowering area-wide speed limits is also consistent with our goals to reduce severe injury crashes and deaths, per our Vision Zero initiative. There are several other justifications for the 25 mph speed limit included in the attached materials. It should be noted that large portions of Route 13, 79, 96 and 89 in the City of Ithaca are owned by the New York State Department of Transportation (NYSDOT), so we are unable to make changes to speed limits on these roadways. We have formally requested that NYSDOT assess Seneca and Green Streets for a speed limit reduction from 30 mph to 25 mph. To achieve the new area-wide speed limit, we need approval of the attached amendment to the City Code. Further, we will need funding to replace approximately 135 existing 30 mph speed limit signs throughout the City. We will need to hire a contractor to do this work, due to existing workloads at Streets and Facilities. From our preliminary research, it may be challenging to find a contractor to do this work, but we estimate it may cost about $30,000. I ask for your approval of the attached City code change and funding from the Common Council discretionary spending of up to $30,000 to accomplish this change. Thank you for your consideration. 3.12 Finance – Authorization to Cover Red Accounts RESOLVED, That the City Controller be empowered to make transfers within the 2022 budget appropriations, as needed, for the remainder of the 2022 Fiscal Year. 3.13 Finance – Approval of 2022-2023 Civil Service Agreement with the Ithaca City School District RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period July 1, 2022, to June 20, 2023, in an amount of $65,137 payable to the City of Ithaca on or before December 31, 2022. 3.14 Finance – Approval of NYCLASS Municipal Cooperation Resolution WHEREAS, New York Cooperative Liquid Assets Securities System (NYCLASS) is short-term, liquid investment fund designed specifically for the public sector, and WHEREAS, NYCLASS provides the opportunity to invest funds on a cooperative basis in short-term investments that are carefully chosen to yield favorable returns while striving to provide maximum safety and liquidity, and WHEREAS, New York General Municipal Law, Article 5-G, Section 119-o empowers municipal corporations to enter into, amend, cancel, and terminate agreements for the performance among themselves of their respective functions, powers, and duties on a cooperative basis, and WHEREAS, the City of Ithaca wishes to invest portions of its available investment funds in cooperation with other corporation and/or districts pursuant to the NYCLASS Municipal Cooperative Agreement Amended and Restated as of March 28, 2019, and WHEREAS, the City of Ithaca wishes to satisfy the safety and liquidity needs of their funds, now therefore be it RESOLVED, That the City Controller is hereby authorized to participate in the NYSCLASS program under the terms of the NYCLASS Municipal Cooperation Agreement Amended and Restated as of March 28, 2019. City of Ithaca CCA Local Law 1 4.1 City of Ithaca CCA Local Law- from October 2022 PEDC Meeting WHEREAS, the City of Ithaca has demonstrated its commitment to implement the IGND, approved on June 5, 2019; and WHEREAS, the IGND requires the implementation of strategies to reduce carbon emissions from buildings, transportation, waste and the electricity use, both community-wide and from municipal operations; and WHEREAS, the City of Ithaca Common Council authorized in May 2022 the development of a Community Choice Aggregation implementation plan as a strategy to reduce carbon emissions from electricity use; and WHEREAS, to develop a Community Choice Aggregation Implementation Plan the City of Ithaca requires the adoption of a Community Choice Aggregation enabling Local Law, per PSC CCA Order; now, be it LOCAL LAW NO. 2022-XX A LOCAL LAW TO ENABLE A COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM IN THE CITY OF ITHACA Be it Enacted by the Common Council of the City of Ithaca as follows: The Code of the City of Ithaca is hereby amended to add a new Chapter XX entitled “COMMUNITY CHOICE AGGREGATION (ENERGY) PROGRAM.” Such Article shall read as follows: §1. Legislative Findings; Intent and Purpose; Authority. A.The City of Ithaca has long demonstrated its commitment to sustainability andcommunity-wide greenhouse gas reduction from energy use, transportation, land use andwaste management. B.On June 5, 2019, the City established a goal of achieving a carbon neutral city by 2030,including requirements to eliminate greenhouse gas emissions from energy use andelectricity generation. C.On May 5, 2021, the City adopted a new Energy Code Supplement. D.On November 3, 2021, the City established a goal to increase energy efficiency andreduce greenhouse gas emissions from energy use in existing buildings by promoting city-wide Energy Efficiency Retrofitting and Thermal Load Electrification. E.Following electrification of thermal loads, electricity use will become one of the mostsignificant contributor to local greenhouse gas emissions in new and existing buildings. City of Ithaca CCA Local Law 2 F.For the City to reduce greenhouse gas emissions from electricity use in existing buildingsit is necessary to enable access to reliable and affordable “24/7 carbon-free electricity (“CFE”).” G.For the City to promote access to CFE, it may choose to accelerate the deployment ofDistributed Energy Resources (“DER”) such as solar photovoltaic panels and energystorage systems, as well as to examine the retail energy markets and increase participation of “Eligible Consumers” in those markets. H.Among the foremost policies and models to increase access to affordable CFE in the stateof New York is Community Choice Aggregation (“CCA”), which allows localgovernments to determine the supplier(s) of electricity on behalf of Eligible Consumers. I.CFE through CCA, as authorized by the PSC, has the potential to enable greenhouse gasreductions from electricity use in existing buildings while at the same time guaranteeing affordability and minimizing risk associated with price volatility to Eligible Consumers. J.The purpose of CCA is to allow participating local governments to procure electricity andgas supply service for Eligible Consumers, while maintaining transmission anddistribution service from the existing Distribution Utility. K.The CCA Administrator will administer energy services in a manner that expands accessto solar and other Distributed Energy Resources by offering optional enrollment ofEligible Customers in voluntary investments in DER. The CCA Administrator should administer a bookkeeping, financing and Customer engagement umbrella for any resident, business or municipality joining the regional aggregation. L.This Chapter establishes a program (“CCA Program”) that enables the City of Ithaca, inconjunction with the Town of Ithaca and any other municipal governments in Tompkins County who may elect to join the CCA program at a later date, to work together using a shared purchasing model to put out for bid the total amount of electricity and natural gasbeing purchased by Eligible Consumers within the jurisdictional boundaries ofparticipating municipalities. The program will offer service to every Eligible Consumer inits service territory, including Municipal Accounts. M.To create the necessary capacity to run the program, this Chapter establishes a third party-based process, using a CCA Administrator to manage a community-wide energytransition, administer multiple suppliers and community-owned DERs on a citywide,building-by-building and block-by-block level in the City of Ithaca, and offer support to other subsequent municipalities that join the CCA program, to facilitate enrollment, reporting and bill processing for voluntary investment by residents and businesses withintheir jurisdictional boundaries. N.The City of Ithaca is authorized to implement this CCA Program pursuant to Section 10(1)(ii)(a)(12) of the New York Municipal Home Rule Law; and State of New York Public Service Commission Case No. 14-M-0224, Proceeding on Motion of the City of Ithaca CCA Local Law 3 Commission to Enable Community Choice Aggregation Programs (issued April 21, 2016) as may be amended, including subsequent orders of the Public Service Commission (PSC) issued in connection with or related to Case No. 14-M-0224, to the extent that orders related to Case No. 14-M-0224 enable actions by the City of Ithaca. O.Furthermore, the CCA Administrator may provide direct technical support to othermember municipalities who need assistance analyzing data, identifying DER sites,engaging customers in voluntary investment, and prequalifying contractors to bid on projects. P.This Chapter shall be known and may be cited as the COMMUNITY CHOICEAGGREGATION (ENERGY) PROGRAM Law of the City of Ithaca. §2. Definitions. For purposes of this Chapter, and unless otherwise expressly stated or unless the context otherwise requires, the terms in this Chapter shall have the meanings employed in the State of New York Public Service Commission’s Uniform Business Practices or, if not so defined there, as indicated below: ADDRESSABLE CARBON shall mean greenhouse gas emissions from electricity, heating, cooling, hot water, transportation vehicles, sewer waste and solid waste. AGGREGATED DATA shall mean aggregated and anonymized information including the number of Eligible Consumers by service class, the aggregated peak demand (kW) (for electricity) by month for the past twelve (12) months, by service class, and the aggregated energy (kWh) for electricity or volumetric consumption for gas by month for the past twelve (12) months by service class. ASSISTANCE PROGRAM PARTICIPANTS (APPs) shall mean Low-to-Moderate-Income residents so designated by the Tompkins County Department of Social Services. BASIC SERVICE shall mean the default retail electricity and/or natural gas product received by all customers who do not opt-out of the CCA program. CARBON FREE ELECTRICITY (CFE) shall mean electricity generated without combustion of fossil fuels, including solar, wind, nuclear, hydropower, organic waste, hydrogen and geothermal energy. CCA ADMINISTRATOR shall mean a third party designated by the City which shall be duly authorized to put out for bid the total amount of electricity and natural gas being purchased by Eligible Consumers and the DERs that will be incorporated into the CCA program. The CCA Administrator shall be responsible for CCA program organization, public outreach, data, administration, procurement and communications. COOPERATIVE shall mean a group formed by building owners and residents who are Customers to invest mutually in DERs. City of Ithaca CCA Local Law 4 CLIMATE BOND shall mean a fixed-income financial instrument used to fund projects that have positive climate impacts. CUSTOMER shall mean an Eligible Consumer who has elected to receive Basic Service from the CCA program. CUSTOMER SPECIFIC DATA shall mean energy account-specific information, personal data and utility data for all Eligible Consumers in the municipality eligible for opt-out enrollment based on the terms of PSC CCA Order, and the CCA program design, including the customer of record’s name, mailing address, telephone number, account number, and primary language, if available, and any customer-specific alternate billing name, address, and phone number. DATA SECURITY AGREEMENT shall mean an agreement between the Distribution Utility and the City of Ithaca that obligates each party to meet, collectively, (i) all national, state and local laws, regulations or other government standards relating to the protection of information that identifies or can be used to identify an individual Eligible Consumer with respect to the CCA Administrator or its representative’s processing of confidential utility information; (ii) the Distribution Utility’s internal requirements and procedures relating to the protection of information that identifies or can be used to identify individual Eligible Consumer with respect to the CCA Administrator or its representative’s processing of confidential utility information; and (iii) the PSC CCA Order and PSC rules, regulations and guidelines relating to confidential data. DEFAULT SERVICE shall mean supply service provided by the Distribution Utility to Eligible Consumers who are not currently receiving service from an energy service company (ESCO). Eligible Consumers eligible for opt-out enrollment within the City of Ithaca that receive Default Service, and have not opted out, will be enrolled in the CCA Program as of the Effective Date. Eligible Consumers eligible for opt-in enrollment will be enrolled in the program according to its scheduled energy supply contract renewals. DISTRIBUTED ENERGY RESOURCES (DER) shall mean local renewable energy projects and energy efficiency measures, shared renewables like community solar and renewable cooperatives, renewable heat and hot water systems, energy management, energy storage, energy efficiency, microgrid projects, geothermal heat loop projects, electric vehicles and charging systems, local renewable hydrogen fuel cells, and other innovative Reforming the Energy Vision (REV) initiatives that optimize system benefits, target and address load pockets/profile within the CCA’s zone, and reduce cost of service for Customers. DISTRIBUTION UTILITY shall mean New York State Electric and Gas Corporation (NYSEG), or any successor thereto. ELIGIBLE CONSUMERS shall mean consumers of electricity and/or natural gas who receive Default Service from the Distribution Utility as of the Effective Date, or New Consumers that subsequently become eligible to participate in the CCA Program, at one or more locations within the geographic boundaries of the CCA, except those consumers currently receiving Default Service that have requested not to have their account information shared by the Distribution Utility. All Eligible Consumers must reside or be otherwise located within the geographic boundaries of the CCA, as such boundaries exist on the effective City of Ithaca CCA Local Law 5 date of the Energy Supply Agreement, where they will be offered basic service through several enrollment mechanisms based on Public Service Commission rules, including opt-out and opt-in depending on account size and type, and also be offered additional services requiring an affirmative choice to invest in a local DER project. ENERGY EFFICIENCY RETROFITTING AND THERMAL LOAD ELECTRIFICATION PROGRAM shall mean the City of Ithaca’s program with financial partners to determine potential energy efficiency improvements on residential and commercial buildings, and provide financing for voluntary loans and leasing programs that building owners may use to pay for efficiency and electrification projects, with emphasis on serving disadvantaged communities. ENERGY SERVICES COMPANY (ESCO) shall mean an entity duly authorized to conduct business in the State of New York as an ESCO. ENERGY SUPPLY AGREEMENT shall mean an agreement between an energy customer and an Energy Services Company (ESCO) to provide electricity or gas service to the customer for a fixed or variable price. For purposes of this Local Law, the CCA Administrator would conduct a competitive procurement on behalf of all Eligible Consumers, and would enter into such agreement(s) with an ESCO to provide power to all such Eligible Consumers in the community that elect to receive service. EQUITY shall mean ownership benefits, financial and/or physical, from participating in voluntary investments in local DER. MUNICIPAL ACCOUNTS shall mean the electricity and gas accounts that serve municipal government-related operations. NEW CONSUMERS shall mean consumers of electricity that become Eligible Consumers after the effective date of the Energy Supply Agreement, including those that opt in or move into the City of Ithaca. OPT-UP shall mean an affirmative decision of an Eligible Consumer, in addition to not opting-out of the CCA program as per Public Service Commission rules, to select a premium rate in order to voluntarily invest in a local DER project in the form of Shares. OPT-WITH shall mean an affirmative decision of an Eligible Consumer, in addition to not opting-out of the CCA program as per Public Service Commission rules, to select a premium rate in order to voluntarily invest in a local DER project in the form of Cooperatives. PARTICIPATING CONSUMERS shall mean Eligible Consumers enrolled in the Program, either because they are consumers who receive Default Service from the Distribution Utility as of the Effective Date and have not opted out or are New Consumers. PROGRAM ORGANIZER shall mean a designated local non-profit organization responsible for educating energy users about participation in the CCA as municipalities, and about City of Ithaca CCA Local Law 6 participation in the program’s voluntary investment opportunities, as well as supporting the organization of cooperatives by neighbors. This group will typically secure participation from local governments and engage in preliminary outreach and education around CCA. PSC CCA ORDER shall mean the PSC’s Order Authorizing Framework for Community Choice Aggregation Opt-Out Program, issued on April 21, 2016 in Case 14-M-0224, “Proceeding on Motion of the Commission to Enable Community Choice Aggregation Programs.” PUBLIC SERVICE COMMISSION or PSC shall mean New York State Public Service Commission. SHARES shall mean units of ownership by a Customer in local DERs, whether in a nearby building through individual enrollment in a designated CCA premium rate and Energy Loan Account, or onsite through a Cooperative enrollment in a designated CCA premium rate and Energy Loan Account. SUPPLIERS shall mean (1) ESCOs that procure electric power and natural gas for Eligible Consumers in connection with this Chapter, (2) developers and operators of DERs, or other entities who procure and resell electricity or natural gas, or who are involved in aspects of DERs. §3. Establishment of a Community Choice Aggregation (Energy) Program. A.A Community Choice Aggregation (Energy) Program is hereby established by the City ofIthaca, whereby the City of Ithaca may implement a CCA Program to the full extent permitted by the PSC CCA Order and Local Law, as set forth more fully herein. B.The City of Ithaca may act as aggregator for the sale of electric supply, gas supply, or bothto Eligible Consumers, and may enter into contracts with one or more Suppliers for energysupply and other services on behalf of Eligible Consumers. C.The City of Ithaca may select a third party as CCA Administrator such purpose to the fullextent permitted by the Order, as set forth more fully herein, and shall include a processfor other municipalities in Tompkins County to join the CCA. D.The City of Ithaca may enter into an intermunicipal agreement with the Town of Ithacaand other municipalities in Tompkins County who join the CCA program, for the purposeof sharing administrative resources to support Eligible Consumers’ access to the City’sSolar Access, Building Electrification and Decarbonization program resources such purpose, as set forth more fully herein, and shall include a process for other municipalities in Tompkins County to offer their Eligible CCA customers such resources join the CCA. E.The CCA Administrator, may act as Energy Loan Account administrator to engage,prequalify, list, and track the performance of the loan accounts of Eligible Consumers who elect to voluntarily invest in DERs. City of Ithaca CCA Local Law 7 F. The CCA Administrator may directly administer opt-out notification communications to Eligible Consumers, or and may offer in addition to the option of opting out, two additional options; (i) to “opt-up” for a loan to purchase Shares in a neighborhood DER project, and (ii) an option to “opt-with” neighbors in a Cooperative to own and operate onsite DERs. G. The CCA Administrator may offer a DER project or product to any Eligible Consumer to purchase Shares in DERs or to join with neighbors to form a Cooperative to directly own and operate DERs. H. The CCA Administrator may create a system of credits or direct payments to compensate each participant for such equity, and may transfer collected premium payments into the Customer’s Energy Loan Account. I. The CCA Administrator may organize and administer low-cost financing options for all Eligible Consumers, including the partners enrolled in City of Ithaca’s Energy Efficiency Retrofitting and Thermal Load Electrification Program, and may offer other approved sources of financing, such as Climate Bonds. J. The City of Ithaca may include, at the nearest possible date, the accounts of all its electricity and gas accounts in CCA service. K. The CCA Administrator may engage one or more Program Organizers to assist in the education and engagement of Eligible Consumers and municipalities in Tompkins County to participate in the CCA program. L. The operation and ownership of the utility service shall remain with the Distribution Utility. The City of Ithaca’s participation in a CCA Program constitutes neither the purchase of a public utility system, nor the furnishing of utility service. The City of Ithaca shall not take over any part of the electric or gas transmission or distribution system and will not furnish any type of utility service, but will instead negotiate with Suppliers on behalf of Eligible Consumers. §4. Eligibility. A. All consumers within the City of Ithaca, including residential and non-residential, regardless of size, shall be eligible to participate in the CCA Program’s Basic Service, which requires different methods of enrollment to be used for different NYSEG customer classifications. B. All Participating Consumers that are members of New York State Electric & Gas (NYSEG) SC 1 Residential Service, SC 6 General Service and Gas SC 1 Residential Service, SC 2 General Service shall be enrolled on an opt-out basis except for consumers (i) that are already taking service from an ESCO, (ii) that have placed a freeze or block on their account, or (iii) for whom inclusion in the CCA Program will interfere with a choice the customer has already made to take service pursuant to a special rate. Those electricity consumers may be enrolled on an opt-in basis, alongside all other NYSEG service City of Ithaca CCA Local Law 8 classifications, including (i) for electricity service, SC2 General Service with Demand Metering, SC3 Primary Service 25 KW of more, SC5 Outdoor Lighting Service, SC7 Large General Service with Time-of-Use Metering, SC8 Residential - Day Night Service, SC9 General Service - Day Night Service, SC10 Cogeneration or Small Power Production/Sale of Energy to the Corporation, SC11 Standby Service, SC12 Residential Service with Time-of-Use Metering, SC13 Competitive Alternative Industrial Service , and SC14 Large Economic Development Service; and (ii), for gas service, SC3 Interruptible Sales Service, SC4 Natural Gas Motor Vehicles, SC5 Seasonal Gas Cooling Service, SC6 Standby Sales Service, SC10 Non-Residential Distributed Generation Firm Sales Service, SC11 Residential Distributed Generation Firm Sales Service. The City of Ithaca will include all of its electricity and natural gas accounts to participate as an opt-in customer in the CCA program at the earliest possible date. C. New Consumers whose electric and/or gas NYSEG meters are eligible for opt-out enrollment, including SC1 Residential Service 1 and SC6 General Services 6 shall be enrolled in Basic Service on an opt-out basis. New Consumers whose meters are eligible for opt-in service shall be offered service and enrolled on an opt-in basis. D. The City of Ithaca will actively seek to offer service to Low- to Moderate-Income residents who are Assistance Program Participants (APPs) and are enrolled in products that comply with requirements for ESCO service of APPs at the time of enrollment, and will be enrolled on an opt-out basis. The CCA Administrator will consult with local and state social services program administrators in considering whether and how to include APPs, specifically for programs where social services organizations receive and pay the resident’s energy bill. E. The CCA Administrator, on behalf of the City of Ithaca and participating municipalities, shall issue one or more requests for proposals to Suppliers to provide energy and related services to participants and may then award a contract in accordance with the CCA Program. F. The CCA Administrator will then request individual customer data for the accounts of Eligible Consumers located within the jurisdictional boundaries of the City of Ithaca from the Distribution Utility in accordance with the CCA Program. G. The CCA Administrator and the selected energy Supplier will then notify Eligible Consumers of the contract terms and their opportunity to opt out of the CCA Program. H. In accordance with and for purposes of the Order, the existing Distribution Utility, New York State Electric & Gas Corporation, will provide to the CCA Administrator aggregate and customer-specific data (including usage data, capacity tag obligations, account numbers, and service-addresses) of all Bundled Customers in the Town of Ithaca not currently enrolled with an ESCO. I. The CCA Administrator and the City of Ithaca will protect customer information as required by law, subject to the Order and the limitations of the New York State Freedom of Information Law. City of Ithaca CCA Local Law 9 §5. Opt-Out Process and inclusion of Opt-Up and Opt-With options in Opt-Out notification. A. An opt-out letter, printed on municipal letterhead, shall be mailed to Eligible Consumers at least 30 days prior to Eligible Consumer enrollment. The opt-out letter shall include information on the CCA program and the contract signed with the selected ESCO and/or DER provider(s), including specific details on rates, fees, services, contract terms, cancellation fee, and methods for opting out of the CCA program. The letter shall explain that Eligible Consumers that do not opt out will be enrolled in the CCA program under the contract terms and that information on those Eligible Consumers, including energy usage data and Assistance Program Participant (APP) status, will be provided to the ESCO and/or the DER provider(s). The opt-out letter shall also explain that the CCA Administrator will be authorized to enroll Customers in DER projects through an Opt-Up and Opt-With process as defined by this Local Law, and communicate such enrollment to the Distribution Utility under relevant PSC-approved rules and tariffs, so that Customers signing up to participate in investment may receive applicable billing and credits from the Distribution Utility, and communicate Opt-Up and Opt-With enrollment information to the CCA Administrator for Energy Loan account processing and management.. B. All Eligible Consumers shall have the option to opt-out of the CCA Program. Per the Public Service Commission’s CCA Framework Order, Customers will be permitted to cancel CCA service any time before the end of the third billing cycle of a new contract period without penalty or other charges. C. Termination fees shall not be charged to Customers that cancel their CCA service as a result of moving out of the service territory of the CCA program. §6. Opt-In Process. Eligible Consumers with electric and/or gas accounts that are eligible for opt-in enrollment may be offered service on an opt-in basis, based on capacity and opportunity, according to the supply contract renewal schedule of the CCA program. §7. Voluntary Investment Enrollment Process. Eligible Consumers with electric and/or gas accounts that choose to enroll in Basic Service may be offered a Shares service on an “Opt-Up” basis, based on availability of DER projects, or in a Cooperative Microgrid service on an “Opt-With” basis, according to the availability of participating neighbors and building owners. Both Shares and Cooperative Service offerings will appear for voluntary enrollment on CCA opt-out notifications. A choice to “Opt-Up” for Shares will place a consumer on a list to participate financially in a nearby DER project once it is available. Acceptance will include a loan and bill credit or direct payment schedule, as appropriate. Enrollment in Shares will thus occur following the Customer’s signature on an Energy Loan agreement. A choice to “Opt-With” neighbors and building owners to form a Cooperative will place a consumer on a list to participate physically in an onsite DER project once it is available, followed by processing of a Cooperative agreement on behalf of the applicants by the CCA Administrator. Acceptance in Cooperative Service will include a loan and City of Ithaca CCA Local Law 10 repayment schedule with each Customer. Enrollment in Cooperative Service will occur following execution of loan agreements with prequalified lenders. §8. Customer Service. Customers shall be provided customer service by the CCA Administrator, including a toll-free telephone number available during normal business hours (9:00 A.M.- 5:00 P.M. Eastern Time, Monday through Friday) to resolve concerns, answer questions, and transact business with respect to the service received from the Supplier, as well as a secure customer-specific online account, scheduled direct mail, and messages inserted into scheduled City of Ithaca direct mail and public notices. §9. Data Protection Requirements. A.The City of Ithaca and other CCA member municipalities joining the CCA program, willshare energy data and other data with the CCA Administrator to tailor DER products toEligible Customers, to facilitate customer engagement, program administration, operation,billing and collection. B.Through the CCA Administrator, the City of Ithaca may request Aggregated Data andCustomer-Specific Data from the Distribution Utility, provided that the request forCustomer Specific Data is limited to only those Eligible Consumers who did not opt-outonce the initial opt-out period has closed. C.Customer-Specific Data shall be protected in a manner compliant with, collectively, (i) allnational, state and local laws, regulations or other government standards relating to theprotection of information that identifies or can be used to identify an individual that apply with respect to the City of Ithaca or its representative’s processing of confidential utility information; (ii) the utility’s internal requirements and procedures relating to theprotection of information that identifies or can be used to identify an individual that applywith respect to the City of Ithaca or its representative’s processing of confidential utilityinformation; and (iii) the PSC CCA Order and PSC rules, regulations and guidelines relating to confidential data. D.The City of Ithaca must enter into a Data Security Agreement with the Distribution Utilityfor the purpose of protecting customer data. §10. CCA Advisory Group. A.A CCA Advisory Group is hereby established to develop and review CCA relatedproposals, act as the City of Ithaca’s agent in awarding said proposals, and forwardinformation regarding such awards to the Common Council for ratification. B.Membership to the CCA Advisory Group shall include City Staff and City of IthacaCommon Council. §11. Administration Fee. City of Ithaca CCA Local Law 11 The City of Ithaca may collect, or cause to be collected, funds from Customer payments to pay the designated CCA Administrator for administrative costs associated with running the CCA program. §12. Loan Account Management Fee. The CCA Administrator and/or the City of Ithaca may collect, or cause to be collected, funds from customer payments to pay the designated CCA Administrator for administrative costs associated with running the Energy Loan service. §13. Reporting. A. Annual reports shall be filed with the City Council of the City of Ithaca by March 31 of each year and cover the previous calendar year. B.Annual reports shall include, at a minimum: number of Customers served; number ofCustomers canceling during the year; number of complaints received; commodity pricespaid; value-added services provided during the year (e.g. installation of DER or other clean energy services); and administrative costs collected. Information shall be brokendown by municipality, where applicable. The first report shall also include the number ofCustomers who opted-out in response to the initial opt-out letter or letters. C.If a CCA supply contract will expire less than one year following the filing of the annual report, the report must identify current plans for soliciting a new contract, negotiating anextension, or ending the CCA program. §14. Severability. The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or phrase of the aforementioned sections, as declared by the valid judgment of any court of competent jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section, subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect. §15. Effective Date. This local law shall take effect upon filing with the Secretary of State. 4.2 Public Safety Facility- Allocation of Funding for Property Acquisition and Associated Costs Authorizing the Establishment of a Capital Project for a Public Safety Facility WHEREAS, in 2016 a Facilities Master Planning Working Group was formed to evaluate City facilities, and WHEREAS, in 2017 the facilities working group recommended hiring Kingsbury Architects, to evaluate all City facilities to determine current and future space needs and to assess current building conditions and capacities, and WHEREAS, Kingsbury Architects toured each of the City facilities, interviewed key staff, researched space needs for various job functions, and produced an inventory of space needs for various City Departments, and WHEREAS, the report findings showed various costly repairs and safety improvements needed for the Police facility, and an immediate need for additional space to house current staff that could not be accommodated in the existing facility, and WHEREAS, the existing facility is not large enough to accommodate the existing and future needs of the Public Safety Department, and WHEREAS, Mitchell Associates was hired in 2022 to review the previous reports and develop a site plan, and WHEREAS, Mitchell Associates determined that expansion on the existing site would not be feasible, and WHEREAS, based on size and location requirements, staff estimates site acquisition and associated costs to be between $3-4 million dollars, and now therefore be it RESOLVED, that Common Council does hereby establish capital project #917 for a public safety facility in an initial amount not to exceed four million dollars, and be it further RESOLVED, that such funds shall be derived from the issuance of serial bonds. 1 | Page TO: Planning and Economic Development Committee FROM: Jennifer Kusznir, Senior Planner DATE: November 9, 2022 RE: Request to Establish a Capital Project to Fund Land Acquisition and Associated Costs for a New Public Safety Facility The purpose of this memo is to provide information about a proposal to establish and fund a 4-million-dollar capital project for a new Public Safety Facility. In 2016, a Facilities Master Planning Working Group was formed to evaluate City facilities and establish priorities for repairs, renovations, and replacements of facilities. As part of that process, Kingsbury Architects was hired in 2017 to evaluate all City facilities to determine current and future space needs and to assess current building conditions and capacities. The working group and the consultants toured each of the City facilities, interviewed key staff, researched space needs for various job functions, and produced an inventory of space needs for various City Departments. After reviewing the needs of all the facilities, the working group determined that a new Public Safety Facility was the highest priority due to the deteriorated condition of the current Police Facility and its severely inadequate space and storage capacity for current and future needs. The Kingsbury Report findings showed various costly repairs and safety improvements needed for the Police Facility, and an immediate need for additional space to house current staff that could not be accommodated in the existing facility. In 2022, the Facilities Group engaged Mitchel Associates to review the previous findings and evaluate options for a new facility. Among the options considered were renovations of the existing facility, reconstruction of a new facility on the parking lot across the street, or relocation and reconstruction of a new facility at a new location. After considering all options, Mitchel Associates determined that expansion on the existing site would not be feasible and that the adjacent parking lot is too small to accommodate a new building. They further noted that renovation on the current site was not feasible due to a comparable cost to reconstruction, the need to temporarily relocate the existing department during reconstruction or renovation and a result that would not provide adequate space needs for existing or future expansion of the department. As a result of these factors the Facilities Group is recommending a new facility at a new location, the cost of which is estimated to be between $20-$30 million dollars. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT Lisa Nicholas, AICP, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org 2 | Page The first step in building new facility is to acquire a suitable site. Based on size and location requirements, staff estimates site acquisition and associated costs to be between $3-4 million dollars. Staff is requesting to establish a capital project to begin the process of acquisition for this project. If you have any questions, please contact Jennifer Kusznir, Senior Planner, at jkusznir@cityofithaca.org. 6.1 A Draft Resolution to Request an Increased Authorization for the Black Diamond Trail Bridge over the Flood Control Channel Project – CP 851 WHEREAS, a Project for the Black Dimond Trail Bridge over the Flood Control Channel, P.I.N. 395075 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the new bridge across the Flood Control Channel, approximately in line with Cecil A. Malone Drive, would significantly improve mobility for people walking between West Hill and the Southwest area as well as between the Southside neighborhoods and the Black Diamond and Cayuga Waterfront trails; and WHEREAS, in July 2018, Common Council authorized $1,500,000 (80% Federal and 20% Local Share) of Transportation Alternatives Program (TAP) grant that was made available by the New York State Department of Transportation for Project to cover the cost of design and construction; and WHEREAS, two bids were received for the Project on November 1st, 2022; and WHEREAS, Economy Paving Inc., 1819 NY-13, Cortland, NY, submitted the low bid for the Project in the amount of $1,519,595.95; and WHEREAS, the in order to award the construction contract, the budget authorization must be increased and staff has recommended an increase of $542,000 to cover total project costs; and WHEREAS, the City of Ithaca is responsible for all costs of the Project which exceed the amount of the TAP Grant awarded to the City of Ithaca; and, be it further RESOLVED, that Common Council hereby approves an increase of Capital Project #851 by an amount not to exceed $542,000 for a total project authorization of $2,042,000; and be it further RESOLVED, that funds needed for said $542,000 amendment shall be derived from serial bonds (or ARPA funds, or some combination), and be it further RESOLVED, that in the event of full federal and non-federal share cost of the Project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and it is further RESOLVED, that the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary agreements, and the Superintendent of Public Works is hereby authorized to execute all the necessary Certifications or reimbursement requests for Federal Aid and /or State-Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, That the Superintendent of Public Works is hereby authorized to award the construction contract for the Project to Economy Paving Inc., 1819 NY-13, Cortland, NY for its low bid of $1,519,595.95, contingent upon New York State Department of Transportation approval, and be it further RESOLVED, that a certified copy of this Resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and it is further RESOLVED, this Resolution shall take effect immediately "An Equal Opportunity Employer with a commitment to workforce diversification." CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-5690 Department of Public Works - Engineering Division Telephone: 607 / 274-6530 Fax: 607 / 274-6487 To: City Administration and Common Council From: Tim Logue, Director of Engineering Date: November 15, 2022 Re: Black Diamond Trail Bridge over the Flood Control Channel I have attached a resolution seeking Common Council authorization to increase the budget for the project to build the Black Dimond Trail bridge over the Flood Control Channel and to award the contract to the lowest responsible bidder, contingent upon New York State Department of Transportation approval. In July 2018, Council authorized a grant application to the Transportation Alternatives program, which was submitted in August, and in April 2019, we received the letter of award. The Project constructs a new multi-use trail over the Flood Control Channel, making a non-vehicular connection between the intersection of Cecil Malone Drive/Cherry Street on the east side of the channel to the Floral Avenue Trail on the west side of the channel. This bridge is a component of the over-all Black Diamond Trail, but it also makes an important walking/biking connection for West Hill residents trying to reach the Southwest area, as well as for Southside/South of the Creek residents trying to reach West Hill or the trail system. On November 1st, 2022, we opened bids for the Project. We received two bids. Economy Paving Inc. from Cortland submitted the low bid in the amount of $1,519,595.95. We have already committed $269,000 in design and engineering and we are looking at construction inspection costs of approximately $180,000. Based on the construction bid, I would recommend carrying an overall project budget of $2,042,000 to give us a little contingency to carry into construction. Our current authorization, including all phases of the project is $1,500,000. The additional authorization needed is thus $542,000. We are disappointed with a budget gap this large but there are some explanations. The largest one is the cost of the bridge structure itself. In the summer of 2018 when we were writing the grant, we inquired with bridge fabricators to get a sense of cost for a pre-fabricated bridge of the needed length and width, delivered to the site. We were hearing numbers around $400K to $450K, so we rounded up to $500K. The low bidder’s "An Equal Opportunity Employer with a commitment to workforce diversification." price for this item is about $800K. The other bidder had it as $1.2M. I think this is just a reflection of time, a pandemic and the inflation we are seeing in the country, especially in steel construction materials. Many of the other items in the bid seem more or less in line with our grant application. Some things are just more expensive in 2022 than in 2018 and, though we included an inflation factor, it was 2%/year, not what we are seeing today. We also expected to be in construction for this bridge in 2021 and now, due primarily to the pandemic and the extensive coordination with NYSDEC, the Army Corps and the US Coast Guard, it will now be 2023. I wouldn’t be surprised if this two-year delay is worth $100,000 by itself. Other differences can be attributed to the fact that when you write the grant application, you haven’t engineered the project, so you are making planning level estimates and doing your best to define the scope of work. As you get into design, those things gain definition, and some things change. For one thing, we didn’t anticipate the extent of earth work and trail reconstruction on the west side of the channel that would be required in order to get the bridge high enough to match the downstream bridge at West State Street. This ran our costs up a bit to be sure. All that said, I do think the low bid is a competitive bid and is worth awarding. The next higher bid was from Vector Construction Corporation out of Cicero in the amount of $1,957,503, about $450,000 more. I don’t think rebidding this project would be likely to get us lower prices. We did originally submit this project as a capital project request for 2023; however, we decided to withdraw it so that we could make the request for the right amount, based on an actual bid and not on an estimate. You are now getting that request. Unfortunately, there are few choices on how to make up the needed $542,000. The project is not CHIPs eligible as a “bicycle access project not a street right of way.” It would be eligible for American Rescue Plan Act (ARPA) funds, but otherwise would need additional authorization for serial bonds in the General Fund. Staff recommends award of contract to Economy Paving Inc. for its low bid of $1,519,595.95 contingent upon New York State Department of Transportation approval. 6.2– Authorization to Receive a Grant from Homeland Security and Emergency Services WHEREAS, the City of Ithaca Police Department has demonstrated its desire and commitment to be a leader within the state of New York to combat counter terrorism; and WHEREAS, the Ithaca Police Department has been awarded funding from the FY2020 Tactical Team Grant Program; therefore, be it RESOLVED, That Common Council authorizes Ithaca Police Department to receive a $75,000 grant (FY2020 Tactical Team Grant Program) from the U.S. Department of Homeland Security’s (DHS) State Homeland Security Grant Program (SHSP) and is administered by the New York State Division of Homeland Security and Emergency Services (DHSES), with the purpose of funding the following activities: •Improve tactical team capabilities through equipment, training, exercise, and planning projects that support counter terrorism missions deployable throughout the jurisdiction and nationally per federal guidelines. KATHY HOCHUL Governor JACKIE BRAY Commissioner 1220 Washington Avenue, Bldg. 7A, Fl. 7, Albany, NY 12226 │ 518.242.5000 │www.dhses.ny.gov September 29, 2022 The Honorable Laura Lewis Mayor, City of Ithaca 108 E Green Street Ithaca, NY 14850 Dear Mayor Lewis: I am pleased to announce that the City of Ithaca has been awarded $75,000 in federal funding under the FY2020 Tactical Team Grant Program. Funding for this initiative is provided by the U.S. Department of Homeland Security’s (DHS) State Homeland Security Grant Program (SHSP) and is administered by the New York State Division of Homeland Security and Emergency Services (DHSES). The performance period for this award is October 1, 2022 through August 31, 2023. As outlined in your application, this funding is provided to improve and develop tactical team capabilities through equipment, training, exercise, and planning projects that support counter terrorism missions in your jurisdiction as well as your team’s sustainment of the New York State Division of Criminal Justice Services (DCJS) SWAT Team Standards. Additionally, all capabilities developed through federal FY2020 SHSP funding are required to be deployable regionally and nationally per the federal guidelines. All funding through this grant program is subject to both New York State and federal guidelines and regulations. Finally, all training that is funded through this grant program must be submitted to DHSES within six (6) months of the date of this letter for review and approval. In order to ensure these funds are made available as quickly as possible, a representative from DHSES’ Grants Program Administration Unit will be reaching out to your grant point of contact. If you have any questions about this program, please contact my Director of Grants Program Administration, Eric Abramson, at (518) 402-2123. Congratulations on your award and I look forward to working with you to administer this program. Sincerely, Jackie Bray Commissioner 6.3- Resolution – Funding for Mayor to Retain Outside Counsel to Conduct Labor Contract Negotiations WHEREAS, in recent decades, labor contract negotiations have predominantly been undertaken on the City’s behalf by the City Attorney, the Director of Human Resources, and the City Controller, at the direction of the Mayor; and WHEREAS, in light of recent events, the City Attorney has recommended that it would be in the City’s best interests for the Mayor to retain outside counsel to conduct labor contract negotiations, a recommendation that the Mayor shares; and WHEREAS, the City Attorney’s Office will continue with its many other responsibilities, which will easily continue to fill that office’s capacity; now, therefore, be it RESOLVED, that Common Council hereby transfers an amount not to exceed $110,000 from Account A1990 Unrestricted Contingency to Account A1210-5435 Mayor contracts for the purposes of funding— in conjunction with approximately $35,000 per year already budgeted for the purpose—and hiring outside counsel to conduct labor contract negotiations, including ensuing contract settlement processes (i.e., mediation, arbitration as applicable, etc.) and associated responsibilities as assigned, for all bargaining units, and be it further RESOLVED, That the newly allocated funding be allocated $10,000 for 2022 and $100,000 for 2023 and Common Council directs the City Controller to encumber any possible funds from 2022 to help reduce the need to transfer a total of $110,000 from the 2023 Unrestricted Contingency account. [Grab your reader’s attention with a great quote from the document or use this space to emphasize a key point. To place this text box anywhere on the page, just drag it.] Memorandum To: City Administration Committee (for the November 30 committee meeting) From: Ari Lavine, City Attorney Date: November 16, 2022 Re: Outside Counsel to Conduct Labor Contract Negotiations In recent decades, labor contract negotiations have predominantly been undertaken on the City’s behalf by the City Attorney, the Director of Human Resources, and the City Controller. That model continued during the past decade during which I have been City Attorney, resulting in numerous successful labor contracts, across all bargaining units, that have delivered value to our employees while crucially adjusting underlying City cost structures. Nonetheless, in light of recent events, I do not believe that it is in the City’s best interests for labor contract negotiations to be led by the City Attorney going forward. To that end, the proposed resolution—that will be included in the upcoming agenda of the City Administration Committee— provides Council with an opportunity to provide funding that we believe will be adequate to enable the Mayor to retain outside counsel to conduct labor contract negotiations in my place, with the continued collaboration of the Director of Human Resources and the City Controller. I and my office will continue with our many other responsibilities—which will easily continue to fill our time—from defending the City in litigation to supporting the City’s zoning functions, real estate deals to commercial contracts, inter-municipal MOUs to legislative support, and much more. ` CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Maury B. Josephson, Assistant City Attorney Paul M. O’Brian, Assistant City Attorney Victor J. Kessler, Assistant City Attorney Jody Andrew, Executive Assistant 6.4 Approval of 2020 City Single Audit RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2020 through December 31, 2020, prepared by the accounting firm of Insero & Company CPA’s LLP, be accepted to comply with all the City’s applicable Government Accounting Standards Board (GASB) Statement 34 and other related audit and single-audit requirements. 1 7.1 Resolution Approving 2022 Workplan for Community Justice Center WHEREAS, following on the Governor’s Executive Order 203, one of the many steps identified for potential City action was the creation of the Community Justice Center (CJC) as a jointly funded City/County collaborative department to: determine implementation priorities; develop budget impacts for the implementation of plan elements; manage the implementation of the joint plan elements as approved by the City of Ithaca and Tompkins County; receive, manage, and analyze data; provide coordination of the operation of the policing systems in our community; and provide reports to the City and County regarding the progress in implementing these changes, and WHEREAS, the City of Ithaca and Tompkins County agreed to the terms of a contract approved by Common Council on July 27, 2022 that the CJC would develop a workplan and deliver it to the City of Ithaca Common Council no later than September 15th, 2022 for approval, and RESOLVED, That Common Council authorizes the CJC to move forward with the 2022 CJC Workplan. 7.2 Resolution Approving 2023 Workplan for Community Justice Center WHEREAS, following on the Governor’s Executive Order 203, one of the many steps identified for potential City action was the creation of the Community Justice Center (CJC) as a jointly funded City/County collaborative department to: determine implementation priorities; develop budget impacts for the implementation of plan elements; manage the implementation of the joint plan elements as approved by the City of Ithaca and Tompkins County; receive, manage, and analyze data; provide coordination of the operation of the policing systems in our community; and provide reports to the City and County regarding the progress in implementing these changes, and WHEREAS, the City of Ithaca and Tompkins County agreed to the terms of a contract approved by Common Council on July 27, 2022 that the CJC would develop a workplan and deliver it to the City of Ithaca Common Council no later than September 15th, 2022 for approval, and RESOLVED, That Common Council authorizes the CJC to move forward with the 2022 CJC Workplan. Community Justice Center 2022 Workplan Page 1 2022 CJC Workplan Document – Joint Tompkins County / City of Ithaca Reimagining Public Safety Plans Summary of work, January-August 2022: January 2022: • Hire and onboard Community Justice Center Project Director • Recruit for Data Analyst • Plan and begin community healing sessions with Black and brown community members, begin planning for law enforcement healing sessions • Prepare other joint plans for launch including Alternative Response, Officer Wellness • Media relations and communications efforts related to the naming of Monalita Smiley as inaugural CJC Project Director • Continue development of publicsafetyreimagined.org website, import plan information, encourage community input February 2022: • Continue Project Director onboarding, begin organizational and community meet and greets • Train Project Director on plan documents, website tool • Complete media availabilities with Project Director, additional community and staff meet and greets • Develop Reimagining Public Safety branding guidelines • Continue to develop and host community healing sessions with Black and brown community members • Assist in development of CJC Advisory Board report and recommendations • Prepare for presentation segment to Common Council and TC Legislature on scope of Reimagining Plans, progress to-date March 2022: • Present to Tompkins County Council of Governments on Reimagining Public Safety plans and progress to-date • Re-open Data Analyst search • Begin forming relationship with LEAD program • Host Southside youth group at CJC for initial discussions on community healing • Community healing plan session, pre-work, plan law enforcement engagement • Review “sequential mapping” of community mental health system and criminal justice impacts as part of preparation for Alternative Response plan Community Justice Center 2022 Workplan Page 2 • Continue to assist with development of CJC Advisory Board report and recommendations April 2022: • Review Data Analyst applications, prepare for hire • Community healing plan session, pre-work, plan law enforcement engagement o 3 total sessions held, 60+ total participants across all three sessions • Convene stakeholder group for Alternative Response Plan • Participate on interview committee for TCSO Clerks • Evaluate Officer Wellness options • Continue to assist with development of CJC Advisory Board report and recommendations May 2022: • Interview Data Analyst candidates • Continue Community Healing Plan sessions (on hold for CJC contract) • Present on plans for Alternative Response Plan implementation to City Administration and County Public Safety Committees • Assist County with planning for Reimagining update to local municipalities • Continue to assist with development of CJC Advisory Board report and recommendations • Prepare and deliver presentation to Rotary Club on Reimagining plans and progress June 2022: • Prepare and develop plans (both public facing and draft) on RPS website • Begin development of 2023 work plan • Participate in initial planning for County Data Disclosure Plan July 2022: • Continue assessment of models for community healing plan • Await finalization of CJC contract • Draft 2023 work plan • Prepare for re-posting of Data Analyst role Community Justice Center 2022 Workplan Page 3 Sequence Gantt Chart for 2022 Plan Activities Color Code Key Kickoff Planning Group Key Activity/Milestone Deliverable Plan Implemented Community Justice Center 2022 Workplan Page 4 Planned Work – August 2022-December 2022 Establishment of Community Justice Center Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder(s ) Deliverables Implementati on Dates Furnish CJC Offices Order furniture for Project Director, Data Analyst and Admin. Assistant offices $4,306.59 (COUNTY ONLY) 0 Monalita CJC Project Director, TC Admin Provide adequate furnishing for CJC staff to work effectively. 1/10/2022- 8/31/2022 Upgrade and continue Project Management Software Draft, develop, and launch plans for community input and project manageme nt $21,000 (COUNTY ONLY) 0 Dominick Recckio Plan implementatio n teams Ongoing Hire Data Analyst Advertise and interview candidates. Hire best candidate Prorated September – December 2022: Salary - $12,476 Fringe - $5,864 Prorated September – December 2022: Salary - $12,476 Fringe - $5,864 Monalita CJC Project Director, TC Admin, City of Ithaca, TC Human Resources Review, analyze and organize data to support the implementatio n of RPS 9/1/2022 - ongoing Community Justice Center 2022 Workplan Page 5 Hire Part Time Admin Assistant Pull from Civil Service list Prorated September – December 2022: Salary - $3,330.5 Fringe - $1,471.5 Prorated September – December 2022: Salary - $3,330.5 Fringe - $1,471.5 Monalita CJC Project Director, TC Human Resources, City of Ithaca Provide administrative support to the CJC 9/1/2022 Project Director 2022 Salary - $45,136 2022 Fringe - $18,893 2022 Salary - $45,136 2022 Fringe - $18,893 TC Administration Oversee and guide the implementatio n of the Collaborative RPS plans 1/1/2022 - 1/10/2022 Budget Narrative and Breakdown: Refer to City / County Community Justice Center Contract. Community Justice Center 2022 Workplan Page 6 Planned Work – August 2022-December 2022 Evaluate existing models and implement an alternative to law enforcement response system for crisis intervention and wraparound health and human services delivery. Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder( s) Deliverables Implementati on Dates Evaluate Alternative Response Model Prepare to review TCHD / TCSO proposal Develop budget and plan for evaluation of TCHD/TCSO proposal implementati on Re-engage planning and implementati on group $0 $0 RPS Management Team TCSO, TCMH, DOER, IPD, City of Ithaca Fire Dept., 988 Rep, University Rep, Family and Children’s, LEAD, Reach Medical, Advocacy Center Deliver results based on outcomes of pilot program 11/2022 - 12/2023 Community Resource Hubs Begin planning for 2023 pilot resource hubs $0 $0 CJC Project Director Bring City resources to Rural areas for convenience and access. Budget Narrative and Breakdown: Community Justice Center 2022 Workplan Page 7 $25,000 was budgeted for 2022 (50% Tompkins County, 50% City of Ithaca), but will not be used this year. In 2023 funds will be requested for analyzing the impending TCSO/Mental Health collaborative effort to offer a co-response model. Community Justice Center 2022 Workplan Page 8 Planned Work – August 2022-December 2022 Develop a comprehensive community healing plan to address trauma in the relationship between residents and law enforcement Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder(s ) Deliverables Implementation Dates Offer “Train the Trainer” sessions engaging local facilitators for 2023 healing work. Identify and contract facilitator to provide training for train the trainer model $15,000 $15,000 Trauma and healing expert Tompkins County, City of Ithaca, Dr. Acosta, BIPOC Community Members Provide the necessary training of facilitator for ongoing community engagement and healing sessions 9/2022 - 10/2022 Budget Narrative and Breakdown: The Community Justice Center will contract for facilitation of training local individuals to hold community healing sessions in 2023. Training includes the development of a training guide and comprehensive training to support selected members to learn how to hold space and facilitate community grounding sessions. It is anticipated that two training sessions would be held in addition to the training guide. This work with pre-work and de-briefing around each session is estimated at $8,000 per session for an estimated total of $16,000. The Community Justice Center will contract for two additional community healing sessions with a trauma and healing expert to continue the work done in Q1 of 2022. This work with pre-work and de-briefing is estimated at $6,000 per session for an estimated total of $12,000. The Community Justice Center will retain the contracted trauma and healing expert for additional resources and support for locally trained individuals based upon emergent needs. It is estimated that each facilitator may need up to four additional coaching sessions with the expert, which are estimated at $500 each, for an estimated total of $6,000 Train the Trainer Sessions, pre-work, and de-briefing with Community Justice Center - $16,000 Community Justice Center 2022 Workplan Page 9 Additional Community Healing Sessions - $12,000 Additional Resources and Support - $6,000 2022 Total: $30,000 Community Justice Center 2022 Workplan Page 10 Planned Work – August 2022-December 2022 Develop a County-wide program to promote and support holistic officer wellness Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder( s) Deliverables Implementati on Dates Prepare for working group kickoff Recruit working group $0 $0 CJC Mental Health TCSO IPD CJC DoER Working Group Framework and Timeline 9/2022/- 12/2022 Budget Narrative and Breakdown: $40,000 was budgeted for 2022 (50% Tompkins County, 50% City of Ithaca), but will not be used this year. In 2023 funds will be requested for activities related to supporting holistic officer wellness. Peer support models, clinical therapy, and physical fitness are all elements of the plan that will be reviewed by the working group starting in 2022 and begin implementation in 2023. Community Justice Center 2022 Workplan Page 11 Planned Work – August 2022-December 2022 Culturally Responsive Training Program Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder(s) Deliverables Implementation Dates Assessment of Current Training Offerings and Development of New Curriculum Procurement of consultant (including RFP), execution of contract $20,000 (½ of consultant costs) $20,000 (½ of consultant costs) CJC Human Resources TCSO IPD CJC Assessment & Curriculum Report 9/2022/- 12/2022 Budget Narrative and Breakdown: $40,000 was budgeted for in 2022 (shared 50/50 by the City and County) and will be used to hire a consultant who will complete and publish an assessment of current training offerings made by the City of Ithaca Police Department and the Tompkins County Sheriff’s Office, as well as use that analysis to develop a new, more culturally responsive training curriculum. The curriculum will be implemented in 2023 and new trainings will be paid for with the 2023 budget associated with this plan. Total Costs for Consultant / Delivery of Assessment and New Curriculum - $40,000 Community Justice Center 2022 Workplan Page 12 Planned Work – August 2022-December 2022 Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder( s) Deliverables Implementa tion Dates Strategy development Issue RFP, assess responses, hire local consultant to produce strategy report $7,500 (½ of consultant costs) $7,500 (½ of consultant costs) TC and City of Ithaca human Resource Dept., RPS Management Team BIPOC Community members, IPD, TCSO, Human Resources/Ci vil Service officials for TC and City of Ithaca, local Colleges Provide recommendatio ns and recruitment strategies to attract a diverse and talented pool of applicants for law enforcement and corrections officers. 10/2022 - 1/2023 Budget Narrative and Breakdown: $35,000 was previous budgeted for this work in 2022, though only $15,000 is being requested (additional funds will be requested in 2023 for execution of strategy). The $15,000 will be used to hire a consultant who will deliver recommendations on recruitment strategies for the Ithaca Police Department and Tompkins County Sheriff’s Office to attract a diverse and talented pool of applicants for law enforcement and corrections officers. This strategy will include recommendations for advertising locations and tactics and events that will bring in interested minoritized populations. Total Costs for Consultant / Delivery of Recruitment Strategy - $15,000 Community Justice Center 2022 Workplan Page 13 Planned Work – August 2022-December 2022 Traffic Calming and Control Study to Support the Assessment of Officer-Initiated Traffic Enforcement Plan Element Action Steps 2022 County Budget 2022 City Budget Responsible Party Stakeholder(s ) Deliverables Implementati on Dates Study Draft RFP, issue and hire consultant, begin work of study as described in RPS plan documents $80,000 (½ of consultant costs) $80,000 (½ of consultant costs) RPS Management Team, Planning Group and Stakeholders TCSO, TC Admin, TC Dept. Planning & sustainability, TC Transportation Council and BIPOC Community Members Reduction in Officer-initiated traffic stops that will also reduce officer interactions with the public as well as free up more officer time and department resources for priority activities. 8/2022 - 11/2022 Budget Narrative and Breakdown: $160,000 was budgeted in 2022 for hiring a consultant to run a “Traffic Calming and Control Study.” The proposed study would fund the hiring of a consultant(s) who would work with staff from the City and County, including the Community Justice Center; the Tompkins County Sheriff's Office; the City of Ithaca Police Department; other police agencies operating in Tompkins County; the Ithaca-Tompkins County Transportation Council; the City of Ithaca Engineering Division; the Department of Planning and Sustainability; and the County's Geographic Information Services Division. The study will rely on existing data, and will be supplemented by information from police agencies regarding types of traffic violations that may be mitigated by implementing traffic calming measures or changes to traffic control devices and by information from the Community Justice Center 2022 Workplan Page 14 public on their experiences as drivers, pedestrians and cyclists (with a focus on low-income neighborhoods and neighborhoods with a high proportion of racial/ethnic minorities) to identify the most dangerous intersections and road segments. A representative selection of locations will be chosen to prepare a high-level analysis of types of areas that might benefit from changes to traffic control measures or from the addition of traffic calming measures. These areas will then be used to identify and recommend the types of measures that would be most appropriate and effective in improving public safety. Total Costs for Consultant(s) / Delivery of Study - $160,000 Community Justice Center 2023 Workplan Page 1 2023 CJC Workplan Document – Joint Tompkins County / City of Ithaca Reimagining Public Safety Plans Sequence Gantt Chart for 2022 & 2023 Plan Activities Community Justice Center 2023 Workplan Page 2 Establishment of Community Justice Center Plan Element Action Steps 2023 County Budget 2023 City Budget Project Director Salary & Fringe 2023 Salary - $46,488 2023 Fringe - $20,534 2023 Salary - $46,488 2023 Fringe - $20,534 Data Analyst Salary & Fringe 2023 Salary - $38,403 2023 Fringe - $16,963 2023 Salary - $38,403 2023 Fringe - $16,963 Admin Assistant Salary & Fringe 2023 Salary - $10,249.5 2023 Fringe - $4,527.5 2023 Salary - $10,249.5 2023 Fringe - $4,527.5 Budget Request Narrative Refer to the City / County CJC Contract for narrative information regarding the Community Justice Center. Community Justice Center 2023 Workplan Page 3 Develop a comprehensive community healing plan to address trauma in the relationship between residents and law enforcement Plan Element Action Steps 2023 County Budget 2023 City Budget Responsibl e Party Stakeholder(s) Deliverables Implementati on Dates Re-engagement of Community Healing Offer “Train the Trainer” sessions engaging local facilitators for 2023 healing work. $5,400 - (½ cost of 3 facilitators, 3 hours / month, 12 months, $100/hr) $5,400 - (½ cost of 3 facilitators, 3 hours / month, 12 months, $100/hr) Expert in Trauma and healing Tompkins County and City of Ithaca Initial session of local facilitation for ongoing community engagement and healing sessions 1/1/2023- 12/31/2023 Re-engagement of Community Healing Ideas Into Action Programming (Using community ideas submitted on website to further work of healing) $5,000 $5,000 Dominick Recckio, City Rep, and Monalita Smiley Tompkins County and City of Ithaca Utilize RPS website to gain input from the community. 9/1/2022- 12/31/2023 Re-engagement of Community Healing Southside Black Girl Alchemists Mosaic $5,000 (½ cost of artist and supplies and Southside Programming Supervision) $5,000 (½ cost of artist and supplies and Southside Programming Supervision) Monalita Smiley CJC, Southside Community Center, Local Artist (Ann Marie Zwack), Cityof Ithaca, Tompkins County Healing through Art and relationship building with local artist and BIPOC community members 1/1/2023 - 4/30/2023 Budget Request Narrative – Shared Cost, Tompkins County & City of Ithaca This over target request is for the second year of the Community Healing Plan under the Reimagining Public Safety Collaborative (p.39 of Public Safety, Reimagined report). The total 2023 program cost will be $30,800, with one half of the funds being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center contract. The programming will include three local facilitators who will be contracted to hold a series of sessions with community members impacted by criminal Community Justice Center 2023 Workplan Page 4 justice and policing in Ithaca and Tompkins County, which are expected to engage law enforcement officers, marginalized community members and specifically community members of color, and the broader community. Programming will also include a healing project with the Southside Community Center Black Girl Alchemists group, who will participate in programming about policing and reimagining public safety, i.e. “What does community justice mean to me,” which will result in a mosaic being produced for the Center and multimedia for wider community consumption based on the Girls’ experiences. Funding is also being requested to implement ideas brought forth by community members through the RPS website and other avenues, this will allow the CJC to be responsive to ideas brought forth by community members. • 3 trained, contracted, local facilitators, @3 hours / month, 12 months, $100/hr. $10,800 • Ideas Into Action Programming (Using community ideas submitted on website to further work of healing) $10,000 • Southside Black Girl Alchemists Mosaic and Healing Through Art Program $10,000 for artist and supplies and Southside Programming Supervision Community Justice Center 2023 Workplan Page 5 Alternative Response & Wraparound Services Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementation Dates Evaluate existing models and implement an alternative to law enforcement response system for crisis intervention and wraparound health and human services delivery Evaluate TCSO and TCMH Co- response model $12,500 $12,500 Planning Group and Stakeholders Members from Marginalized Communities City/County Elected Leaders IPD, TCSO, TCMH, DOER, Cayuga Health System IFD, 988 Representative University Representatives Family and Children’s Services LEAD Reach Medical Advocacy Center Results of pilot co-response plans effectiveness 11/1/2022-12/31/2023 Pilot Community Resource Hubs located in already-existing community centers and include physical materials on local resources and space for other practitioners like social workers to be present in the space. $10,000 $10,000 CJC, Planning group and Stakeholders Members from Marginalized Communities City/County Elected Leaders IPD, TCSO, TCMH, DOER, Cayuga Health System IFD, 988 Representative University Representatives Family and Children’s Services LEAD Reach Medical Provide marginalized communities more direct access to information and resources already offered by the County and partner organizations. 11/1/2022-12/31/2023 Community Justice Center 2023 Workplan Page 6 Advocacy Center Re-engage stakeholder group to form a working group. (i.e., review stakeholder notes and send a follow-up to the stakeholder group. Schedule a stakeholder meeting to communicate the process and receive feedback and provide list of names to begin the planning process.) Develop evaluation criteria for alternative response models No anticipated Budget No anticipated Budget CJC, Planning group and Stakeholders Members from Marginalized Communities City/County Elected Leaders IPD, TCSO, TCMH, DOER, Cayuga Health System IFD, 988 Representative University Representatives Family and Children’s Services LEAD Reach Medical Advocacy Center Finalized rubric for process 11/1/2022-12/31/2023 Implement Alternative Response Model 2 TCMH Licensed Clinical Therapists (TCMH) Salaries - $168,949 Fringe - $74,625 Overtime - $15,000 Frank Kruppa, Harmony Ayers- Friedlander Hiring, training, and program launch Q1 2023 Implement Alternative Response Model 1 TCSO Deputy Salary – $80,435 Fringe - $35,528 Shift - $2,000 Phone - $500 Auto - $2,000 Overtime Costs - $8,000 Clothing - $4,000 Derek Osborne Hiring, training, and program launch Q1 2023 Implement Alternative Response Model 1 IPD Officer Total Cost - $91,000 IPD Chief, Mayor Hiring, training, and program launch Q1 2023 Community Justice Center 2023 Workplan Page 7 Budget Request Narrative - Shared Cost, Tompkins County & City of Ithaca Piloting Co-Response Model (Narrative from TCSO / TCMH) - This OTR would pilot an alternative response system for crisis intervention & health and human service delivery by creating two teams of two, each staffed by one TCMH Licensed Clinical Therapist (LCT) and one TCSO Deputy or Ithaca Police Department (IPD) Officer. The current Mobile Crisis Team at TCMH is unable to sustain the demand for services. The existing system uses clinic LCTs on an on-call basis 24/7 and the majority of calls come during the day and early evening hours. These calls are pulling the LCTs from their existing appointments and other duties throughout the day which affects the quality of service we can provide in the clinic. The OTR would remove the daytime responsibilities from clinic LCTs and replace them with two dedicated co-response teams. Each licensed clinician would be assigned to work with one designated law enforcement officer on a team dedicated to respond to calls involving mental health crises. Since the number and frequency of mental health crisis response calls are divided roughly evenly between the City of Ithaca and the rest of the County, this plan calls for one dedicated Sheriff’s Deputy and one Ithaca Police Department Officer dedicated to the Co- Response Pilot Program. If this is unattainable due to staffing issues, the City and County will consider an inter-municipal agreement to address jurisdictional issues and fund the law enforcement personnel needed to execute this plan. TCSO and IPD recognize that not all responses require involvement with the criminal justice system. Law Enforcement and Mental Health workers have unique skill sets that are very complimentary to each other in crisis situations. Calls involving those in crisis have the potential to be volatile and dangerous to those responding. The time necessary for Law Enforcement to connect to a separate Mental Health unit during times of crisis can prove to be disjointed and less effective. Calls to dispatch do not typically get reported as mental health complaints, it is discovered as a contributing factor upon police arrival. The ability to share information and transition service delivery quickly and efficiently significantly improves the potential for positive outcomes. A joint response is preferable as police are specialists in handling situations that involve violence and potential injury, while mental health professionals are specialists in providing mental health consultation to officers and mental health care to individuals in crisis (Shapiro, Cusi, Krst, et al. 2015)- Vera Institute). TCSO recognizes that many in the community are calling for a Cahoots or Denver STAR model, which are staffed completely by non-uniformed staff. These programs evolved from and currently co-exist alongside a co-response model in their respective jurisdictions. The formation of this pilot unit, in consultation with the Mental Health Department, will serve as the vehicle to evaluate and implement future specific plans. • Tompkins County Costs o LCTs - $258,574 o TCSO Deputy - $132,463 Community Justice Center 2023 Workplan Page 8 • City of Ithaca Costs o IPD Officer - $91,000 Program Evaluation and Resource Hubs - This OTR is for the second year of the Alternative to Law Enforcement Response System for Crisis Intervention and Wraparound Health and Human Services Delivery plan under the Reimagining Public Safety Collaborative (p. 36 of Public Safety, Reimagined report). The total 2023 program cost under County Administration will be $45,000, with one half of the funds being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center Contract. This OTR will pay for the evaluation of the Tompkins County Sheriff and Mental Health Mobile Crisis Plan which can be found in other OTRs (i.e., consultant, academic study, or internal data analysis with software and tools). Evaluation will begin at the onset of the program, and track outcomes and impact concurrent with the program’s first year in effect. Evaluation funds at the same amount were budgeted in 2022 but unused, so the same amount is being requested for 2023 for this programming. In addition, the program will include a pilot of ‘community resource hubs’ in populated rural areas. Community resource hubs are a model planned in the original Public Safety, Reimagined report and would provide marginalized communities more direct access to information and resources already offered by the County and partner organizations. The hubs would be located in already-existing community centers and include physical materials on local resources and space for other practitioners like social workers to be present in the space. CJC staff would be present in the space to hold “office hours” and engage the community to help make people aware of the resources available there. Relationships built in rural communities will help inform more engagement with law enforcement which will also take place in the hub. Additional services offered could include social supports, housing resources, food (SNAP, WIC) and mental health services, telehealth appointment access, as well as the use of telephone services for scheduling follow up calls and printers for individuals to print materials, applications, appointment follow ups, etc. . The budget would include technology (computers, printer, tele-appointment technology, telephone, etc.), supplies and physical materials, and advertising of the hubs. • 2 hubs, $10,000/hub. • Evaluation on TCSO/TCMH Mobile Crisis Plan, $25,000 Community Justice Center 2023 Workplan Page 9 Develop a County-wide program to promote and support holistic officer wellness Plan Element Action Steps 2023 Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementatio n Dates City of Ithaca and Tompkins County should create an officer wellness program that includes peer support, officer mental health wellness, and physical wellness. Identify composition of planning implementation group and Launch Planning Group No anticipated cost at this time No anticipated cost at this time Dominick Recckio, Monalita Smiley Bridgette Nugent City Rep TCSO, IPD, Micael Stitley, Pat Mason, Dominick Recckio, Bridgette Nugent, Monalita Smiley, Harmony Ayers- Friedlander and Frank Kruppa Meeting Notes from meeting launch 9/1/2202 - 10/1/2022 City of Ithaca and Tompkins County should create an officer wellness program that includes peer support, officer mental health wellness, and physical wellness. Assessment of current services No anticipated cost at this time No anticipated cost at this time Dominick Recckio, Monalita Smiley Bridgette Nugent City Rep TCSO, IPD, Micael Stitley, Pat Mason, Dominick Recckio, Bridgette Nugent, Monalita Smiley, Harmony Ayers- Friedlander and Frank Kruppa Knowledge of what is currently available to not duplicate services 10/1/2022- 12/31/2022 City of Ithaca and Tompkins County should create an officer wellness program that includes peer support, officer mental health wellness, and physical wellness. Best practice research and implementation – peer support models, phone apps and other resources $37,500 $37,500 Dominick Recckio, Monalita Smiley Bridgette Nugent City Rep TCSO, IPD, Micael Stitley, Pat Mason, Dominick Recckio, Bridgette Nugent, Monalita Smiley, Harmony Ayers- Friedlander and Frank Kruppa 2/1/2023 - 3/31/2023 Community Justice Center 2023 Workplan Page 10 City of Ithaca and Tompkins County should create an officer wellness program that includes peer support, officer mental health wellness, and physical wellness. Identify new strategies for implementation and review resources sent by regional CIT expert No anticipated cost at this time No anticipated cost at this time Stakeholders TCSO, IPD, Micael Stitley, Pat Mason, Dominick Recckio, Bridgette Nugent, Monalita Smiley, Harmony Ayers- Friedlander and Frank Kruppa Delivery of innovative methods to implement the plan 3/1/2023 -4/30/2023 City of Ithaca and Tompkins County should create an officer wellness program that includes peer support, officer mental health wellness, and physical wellness. Identify additional Funding (if needed) No anticipated cost at this time No anticipated cost at this time Dominick Recckio, Monalita Smiley Bridgette Nugent City Rep TCSO, IPD, Micael Stitley, Pat Mason, Dominick Recckio, Bridgette Nugent, Monalita Smiley, Harmony Ayers- Friedlander and Frank Kruppa 2/1/2023 - 8/31/2023 City of Ithaca and Tompkins County should create an officer wellness program that includes peer support, officer mental health wellness, and physical wellness. Community engagement as appropriate No anticipated cost at this time No anticipated cost at this time Monalita Smiley TCSO, IPD, Micael Stitley, Pat Mason, Dominick Recckio, Bridgette Nugent, Monalita Smiley, Harmony Ayers- Friedlander and Frank Kruppa Engagement in the process while being given the tools to contribute. 2/1/2023 - 8/31/2023 Budget Request Narrative This OTR is for the second year of the Officer Wellness Program Development plan under the Reimagining Public Safety Collaborative (p.41 of Public Safety, Reimagined report). The total 2023 program cost will be $75,000, with one half of the funds Community Justice Center 2023 Workplan Page 11 being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center Contract. Programming for this plan will be developed in conjunction with officers and law enforcement leadership, though during the initial report development it was learned that mental and physical wellness supports are needed to ensure healthy officers and trauma- informed care due to the high-stress nature of their jobs. The funds made available through this OTR will be used to support the aspects of the Officer Wellness Plan following a planning group effort that has begun in 2022. The planning group is assessing models of supporting the physical and mental wellness of officers and other first responders, and will deliver plans for programming. The costs for this programming may include coordination of mental health service delivery and peer support programming in conjunction with the Department of Emergency Response and Tompkins County Mental Health. $40,000 was budgeted for a study in 2022, though will not be used for that purpose, that amount is being requested as part of the new programming described above. • Officer Wellness Plan Programming - $75,000 Community Justice Center 2023 Workplan Page 12 Inclusive and Innovative Recruitment Strategies Plan Element Action Steps 2023 County Budget 2023 City Budget Responsibl e Party Stakeholder(s ) Deliverables Implementatio n Dates Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers. Develop Budget $10,000 (Detailed in 2 rows below) $10,000 (Detailed in 2 rows below) RPS Management Team and Stakeholders Community, IPD, Sheriff, Colleges, External/Marketing, Communications, Human Resources/Civil Service Officials for City and County, Cassandra Joseph Provide structure to the planning process and to allocate resources for implementation. 10/1/2022 - 1/31/2023 Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers. Significantly enhance the advertising $7,500 $7,500 RPS Management Team and Stakeholders Community, IPD, Sheriff, Colleges, External/Marketing, Communications, Human Resources/Civil Service Officials for City and County, Cassandra Joseph Utilize the connection to and knowledge of the community while providing expertise in new strategies of recruitment. 10/1/2022 - 1/31/2023 Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers Travel $2,500 $2,500 RPS Management Team and Stakeholders Community, IPD, Sheriff, Colleges, External/Marketing, Communications, Human Resources/Civil Service Officials for City and County, Cassandra Joseph direct recruiting activities in non- traditional spaces or spaces that may attract a more diverse set of applicants. 10/1/2021 - 1/31/2023 Community Justice Center 2023 Workplan Page 13 Develop a comprehensive, inclusive, and innovative recruitment strategy for law enforcement and corrections officers. Community Engagement No anticipated Budget at this time No anticipated Budget at this time RPS Management Team Community, IPD, Sheriff, Colleges, External/Marketing, Communications, Human Resources/Civil Service Officials for City and County, Cassandra Joseph Engage community in all aspects of the process to improve the decision-making, legitimacy, and competitiveness. 10/1/2022 - 1/31/2023 Budget Request Narrative This OTR is for the second year of the Inclusive and Innovative Recruitment plan under the Reimagining Public Safety Collaborative (p.41 of Public Safety, Reimagined report). The total 2023 program cost will be $20,000, with one half of the funds being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center Contract. In 2022, $15,000 of the budgeted amount for that year was spent on services to develop the tenets of the strategy. In 2023 the programming costs of $20,000 will be spent to significantly enhance the advertising of open positions in the Ithaca Police Department and Tompkins County Sheriff’s Office to a diverse set of potential applicants. The funding will be used for advertising placement, development, and materials, as well as for travel to locations and/or events for direct recruiting activities in non-traditional spaces or spaces that may attract a more diverse set of applicants. • Advertising - $15,000 • Travel - $5,000 Community Justice Center 2023 Workplan Page 14 Culturally Responsive Training for Law enforcement Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementation Dates Identify new curriculum, redesign and implement a culturally responsive training program that incorporates de- escalation and mental health components into a comprehensive response for law enforcement. Identify RPS communities No anticipated budget currently No anticipated budget currently Planning Group Sheriff, IPD, Director of Human Resources, Human Resources Commissioner, Chief Equity and Diversity Officer, CJC, CJC Advisory Board, City and County police bargaining units, Community, Division of Criminal Justice Services, Vendors, NYS Police Academy, Community College, Villages, Training Coordinator Report on implementation and success from other RPS communities 2/2023 - 4/2023 Identify culturally responsive approach and create curriculum No anticipated budget currently No anticipated budget currently Stakeholders Provide vision of an organized path to show progress 2/2023 - 4/2023 Develop and prioritize expenses for training $40,000 TCSO $40,000 IPD Planning Group Direct and indirect cost for development and implementation 2/2023 - 4/2023 Identify timeframe No anticipated budget currently No anticipated budget currently Planning Group Strategically identify process 2/2023 - 4/2023 Community Justice Center 2023 Workplan Page 15 needed to achieve plan and steps towards completion Budget Request Narrative This OTR is for the second year of the Culturally Responsive Training plan under the Reimagining Public Safety Collaborative (p.38 of Public Safety, Reimagined Report). The total 2023 program cost will be $75,000, with half the funds being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center Contract. The programming will include training on de-escalation, anti-racism, anti-bias, history of policing and mental health first-aid and others as identified. This training will be done by hired professionals with expertise in the areas of de-escalation, anti-racism, anti-bias, history, and mental health first aid. This funding will be used to cover the cost of Crisis Intervention Team (CIT) training to a minimum of 20 percent of sworn officers (and selected non-sworn staff); and Mental Health First Aid training (or equivalent) to the remaining sworn officers (and selected non- sworn staff) not receiving CIT training. • $40,000 to increase the Sheriff’s Office training budget from $10,000 to $50,000 to include $20,000 for Road Patrol, $20,000 for the Jail and establish mechanisms to evaluate the effectiveness of training. • $40,000 for the City IPD’s training budget. Community Justice Center 2023 Workplan Page 16 Results of Officer-Initiated Traffic Stop Enforcement Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s ) Deliverables Implementation Dates Collect and evaluate the results of officer- initiated traffic stop enforcement. No anticipated Budget at this time No anticipated Budget at this time Stakeholders TCSO, TC Admin, TC Dept. Planning and Sustainability and Transportation Council, BIPOC Community Member Gather information on measures already completed with results 8/1/2022 -6/30/2023 Collect and evaluate the results of officer- initiated traffic stop enforcement. Gather stakeholders to review the recommendatio n (Include towns and villages) No anticipated budget currently No anticipated Budget at this time RPS Management Team TCSO, TC Admin, TC Dept. Planning and Sustainability and Transportation Council, BIPOC Community Member List of Members 8/1/2022 - 9/30/2022 Collect and evaluate the results of officer- initiated traffic stop enforcement. Review prior year's data and assess traffic stop results No anticipated budget currently No anticipated Budget at this time Planning Group TCSO, TC Admin, TC Dept. Planning and Sustainability and Transportation Council, BIPOC Community Member Understanding of results based on previous year's data 8/1/2022 - 9/30/2022 Collect and evaluate the results of officer- initiated traffic stop enforcement. Identify current processes and data collection capabilities No anticipated budget currently No anticipated Budget at this time Planning Group TCSO, TC Admin, TC Dept. Planning and Sustainability and Transportation Council, BIPOC Community Member Identify resources and services for recommendations to collecting data 9/1/2022- 10/31/2022 Community Justice Center 2023 Workplan Page 17 Collect and evaluate the results of officer- initiated traffic stop enforcement. Identify community members (consider intersectionalit y) No anticipated budget currently No anticipated Budget at this time RPS Management Teams TCSO, TC Admin, TC Dept. Planning and Sustainability and Transportation Council, BIPOC Community Member Investment in process and engagement 8/1/2022 - 9/30/2022 Collect and evaluate the results of officer- initiated traffic stop enforcement. Provide recommendatio n on where, when and how to reduce safety concerns No anticipated budget currently No anticipated Budget at this time Planning Group TCSO, TC Admin, TC Dept. Planning and Sustainability and Transportation Council, BIPOC Community Member Officer-initiated traffic stops will reduce officer interactions with the public as well as free up more officer time and department resources for priority activities. 6/1/2023 –6/30/2023 Budget Request Narrative There is no anticipated budget for 2023. Community Justice Center 2023 Workplan Page 18 Standardized Data Entry Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementatio n Dates Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources. Identify data entry challenges including incomplete data No anticipated Budget Currently No anticipated Budget Currently Planning Group Sheriff, IPD, IT, CPE, County Admin, City Admin, City Admin Chair, CJC, Community, Department of Emergency Response, Budget Committees, Villages and Towns PDs, Dashboard Data will be reviewed and analyzed from previous years. 2/1/2023 - 6/30/2023 Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources. Identify communities with similar demographics to research No anticipated Budget Currently No anticipated Budget Currently Planning Group Sheriff, IPD, IT, CPE, County Admin, City Admin, City Admin Chair, CJC, Community, Department of Emergency Response, Budget Committees, Villages and Towns PDs, Dashboard Gain knowledge of examples of work to be completed. 2/1/2023 - 6/30/2023 Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources. Develop criteria with specifics on what types of data should be collected to review and assess disproportionat $25,000 $25,000 Planning Group Sheriff, IPD, IT, CPE, County Admin, City Admin, City Admin Chair, CJC, Community, Department of Emergency Response, Budget Committees, knowledge of disproportionate minoritized types of data and how to properly assess the information for training purposes. 2/1/2023 - 6/30/2023 Community Justice Center 2023 Workplan Page 19 e minoritized contact (Training) Villages and Towns PDs, Dashboard Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources. Determine what changes and what systems, policy, process, and procedure issues need to change No anticipated Budget Currently No anticipated Budget Currently Planning Group Sheriff, IPD, IT, CPE, County Admin, City Admin, City Admin Chair, CJC, Community, Department of Emergency Response, Budget Committees, Villages and Towns PDs, Dashboard Provide working relationship with ability to communicate effectively 2/1/2023 - 6/30/2023 Standardize data entry and review existing data sets for more actionable insights and allocation of public safety resources. Identify community engagement process No anticipated Budget Currently No anticipated Budget Currently Planning Group Sheriff, IPD, IT, CPE, County Admin, City Admin, City Admin Chair, CJC, Community, Department of Emergency Response, Budget Committees, Villages and Towns PDs, Dashboard Engage community in all aspects of the process to improve the decision-making, legitimacy, and competitiveness. 2/1/2023 - 6/30/2023 Budget Request Narrative This OTR is for the first-year implementation of the Standardized data review plan under the Reimagining Public Safety Collaborative (p.39 of Public Safety, Reimagined report). The total 2023 program cost will be $50,000, with one half of the funds being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center Contract. The programming will include efforts to professionally organize existing datasets used by law enforcement, and to develop standardized data entry training and documentation for law enforcement personnel and execute training annually. Programming may also include activities to ensure the consistent collection of new data (I.e. demographic data) consistently across agencies. It is anticipated that there will be Community Justice Center 2023 Workplan Page 20 associated costs with additional training of staff and technology to expand the current system as well as annual subscription/maintenance fees. • Data tools, module upgrades, annual training, and materials - $50,000 Community Justice Center 2023 Workplan Page 21 Real-Time Public Safety Community Dashboard Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementati on Dates Develop a real-time public safety community dashboard Identify impact points for data collection No anticipated budget No anticipated budget Stakeholders and Planning Group IT, Community, DoER, County Admin, Sheriff and IPD, Attorneys Use data results as a basis for identifying needed software 8/1/2023 - 12/31/2023 Develop a real-time public safety community dashboard Select a software/vendo r including funding $13,500 $13,500 Planning Group IT, Community, DoER, County Admin, Sheriff and IPD, Attorneys Provide the cost and the technology to expand the current system as well as annual subscription/ maintenance where a user interface would be provided for the public to input Information into the system. 8/1/2023 - 12/31/2023 Develop a real-time public safety community dashboard Outreach to the villages/towns No anticipated budget No anticipated budget Planning group and Project Director IT, Community, DoER, County Admin, Sheriff and IPD, Attorneys Inclusion in all aspects of the plan. 8/1/2023 - 12/31/2023 Develop a real-time public safety community dashboard Identify community stakeholders No anticipated budget No anticipated budget Planning Group and Project Director IT, Community, DoER, County Admin, Sheriff and IPD, Attorneys Engage community in all aspects of the process to improve the decision- making, legitimacy, and competitiveness. 8/1/2023 - 12/31/2023 Community Justice Center 2023 Workplan Page 22 Develop a real-time public safety community dashboard Identify facilitators No anticipated budget No anticipated budget Planning Group IT, Community, DoER, County Admin, Sheriff and IPD, Attorneys Provide role of leadership and oversight for implementation of the plan. 8/1/2023 - 12/31/2023 Budget Request Narrative This OTR is for the first-year implementation of the Public Safety Community Dashboard plan under the Reimagining Public Safety Collaborative (p.40 of Public Safety, Reimagined report). The total 2023 program cost will be $27,000, with one half of the funds being contributed by the City of Ithaca as part of the collaborative and as supported by the Community Justice Center Contract. These funds will be used to purchase expanded system module(s) which allow for the real-time data integration needed including a user interface for the public to input information into the system to effectuate a dashboard as described in the plan. Ideally this plan will begin following the completion of the Standardized Data Entry plan. This funding was previously budgeted for 2022 but was unused and is being requested for use in 2023 instead. • Data tools & module upgrades - $27,000 Community Justice Center 2023 Workplan Page 23 NYS Troopers Collaboration Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementati on Dates Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County Identify NYS presence in TC No anticipated budget No anticipated budget Planning Group Community, IPD, Sheriff, State Patrol, State Troopers, Villages PD 12/1/2023 - 12/31/2023 Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County Identify current Collaborative efforts No anticipated budget No anticipated budget Planning Group Community, IPD, Sheriff, State Patrol, State Troopers, Villages PD Possess knowledge of what is currently being accomplished. 12/1/2023 - 12/31/2023 Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County Develop communication process to share information No anticipated budget No anticipated budget Communications Director Community, IPD, Sheriff, State Patrol, State Troopers, Villages PD 12/1/2023 - 12/31/2023 Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County Start identifying ways to collaborate (ie. Training) No anticipated budget No anticipated budget Planning Group Community, IPD, Sheriff, State Patrol, State Troopers, Villages PD Possess knowledge of what is currently being accomplished. 12/1/2023 - 12/31/2023 Seek ongoing and responsive collaboration from Identify community involvement No anticipated budget No anticipated budget Planning Group Community, IPD, Sheriff, State Patrol, Engage community in all aspects of the process to improve 12/1/2023 - 12/31/2023 Community Justice Center 2023 Workplan Page 24 New York State Troopers operating in Tompkins County State Troopers, Villages PD the decision- making, legitimacy, and competitiveness. Seek ongoing and responsive collaboration from New York State Troopers operating in Tompkins County Identify facilitator No anticipated budget No anticipated budget Planning Group Community, IPD, Sheriff, State Patrol, State Troopers, Villages PD Provide role of leadership and oversight for implementation of the plan. 12/1/2023 - 12/31/2023 Budget Request Narrative There is no anticipated budget. Community Justice Center 2023 Workplan Page 25 Review of SWAT Callouts Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementation Dates Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use and to assess the process for callouts. No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area villages and higher education institutions. 2/1/2023 - 6/30/2023 Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use and to assess the process for callouts. Review data for SWAT including number of calls, types, follow up response and locations No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area villages and higher education institutions. Knowledge of protocols and procedures currently being conducted by SWAT 2/1/2023 - 3/30/2023 Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use and to assess the process for callouts. Identify village, town, and city collaboration No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area villages and higher education institutions. Provide transparency and inclusion for community involvement 3/1/2023 - 6/30/2023 Community Justice Center 2023 Workplan Page 26 Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use and to assess the process for callouts. Review policy for updates No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area villages and higher education institutions. Make necessary changes of policy for improvement. 3/1/2023 - 6/30/2023 Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use and to assess the process for callouts. Draft a recommended report for potential other uses No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area villages and higher education institutions. Formal report for future use and reference 3/1/2023 - 6/30/2023 Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use and to assess the process for callouts. Identify Community engagement No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area villages and higher education institutions. Engage community in all aspects of the process to improve the decision-making, legitimacy, and competitiveness 2/1/2023 - 3/30/2023 Conduct a review of the past 3 years of SWAT (Special Weapons and Tactics) callouts to determine the frequency of use Identify facilitator No anticipated budget No anticipated budget Planning group and Stakeholders TCSO, DoER, IPD, City and County Administration, marginalized community members, area Provide role of leadership and oversight for implementation of the plan. 2/1/2023 - 3/30/2023 Community Justice Center 2023 Workplan Page 27 and to assess the process for callouts. villages and higher education institutions. Budget Request Narrative There is no anticipated budget. Community Justice Center 2023 Workplan Page 28 Advocate for Revised Civil Service Exam Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementation Dates Revise the Civil Service exam process to diversify law enforcement personnel. Contact the State Civil Service Department No anticipated budget No anticipated budget County/ City HR HR, City and Labor Attorney, State Civil Service, Elected Officials Initiate the review of the exam process to discover alternative methods of increasing diversity in law enforcement personnel. 4/1/2023 - 4/30/2023 Revise the Civil Service exam process to diversify law enforcement personnel. Review current service legislation No anticipated budget No anticipated budget Stakeholders HR, City and Labor Attorney, State Civil Service, Elected Officials Knowledge of current civil service legislation 5/1/2023 - 8/30/2023 Revise the Civil Service exam process to diversify law enforcement personnel. Develop an Advocacy plan No anticipated budget No anticipated budget Stakeholders HR, City and Labor Attorney, State Civil Service, Elected Officials Facilitation of the development and change in areas of new policies 5/1/2023 - 8/30/2023 Revise the Civil Service exam process to diversify law enforcement personnel. Convene impacted stakeholders No anticipated budget No anticipated budget Stakeholders HR, City and Labor Attorney, State Civil Service, Elected Officials Review of policies and legislation 4/1/2023 - 4/30/2023 Revise the Civil Service exam process to diversify law enforcement personnel. Develop an advocacy strategy to change exams and reduce No anticipated budget No anticipated budget Stakeholders HR, City and Labor Attorney, State Civil Service, Elected Officials Create recommendation to change Civil Service exam process 5/1/2023 - 8/30/2023 Community Justice Center 2023 Workplan Page 29 barriers to diversity Budget Request Narrative There is no anticipated budget. Community Justice Center 2023 Workplan Page 30 Advocate for NYS Continuous Recruitment Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s ) Deliverables Implementati on Dates Advocate for New York State to enact "continuous recruitment" of eligible candidates for law enforcement personnel Contact the State Civil Service Department No anticipated budget No anticipated budget City/ County HR HR Civil Service, elected officials, Labor attorney 04/01/2023 - Advocate for New York State to enact "continuous recruitment" of eligible candidates for law enforcement personnel Review current service legislation No anticipated budget No anticipated budget Stakeholders HR Civil Service, elected officials, Labor attorney Knowledge of current civil service legislation 5/1/2023 - 7/31/2023 Advocate for New York State to enact "continuous recruitment" of eligible candidates for law enforcement personnel Develop an advocacy plan No anticipated budget No anticipated budget Stakeholders HR Civil Service, elected officials, Labor attorney Facilitation of the development and change in areas of new policies 5/1/2023 - 7/31/2023 Advocate for New York State to enact "continuous recruitment" of eligible candidates for law enforcement personnel Convene impacted stakeholders No anticipated budget No anticipated budget Stakeholders HR Civil Service, elected officials, Labor attorney Review of policies and legislation 5/1/2023 - 7/31/2023 Community Justice Center 2023 Workplan Page 31 Advocate for New York State to enact "continuous recruitment" of eligible candidates for law enforcement personnel Develop an advocacy strategy No anticipated budget No anticipated budget Stakeholders HR Civil Service, elected officials, Labor attorney Plan for implementation 5/1/2023 - 7/31/2023 Budget Request Narrative There is no anticipated budget. Community Justice Center 2023 Workplan Page 32 Advocate for Reform of Disciplinary Procedures Plan Element Action Steps 2023 County Budget 2023 City Budget Responsible Party Stakeholder(s) Deliverables Implementation Dates Urge Gov. of New York /New York State Legislature to reform disciplinary procedures for law enforcement personnel under Civil Service Law Section 75. Contact the State Civil Service Department No anticipated Budget No anticipated Budget Stakeholders City Attorney, City Admin, County Admin, Common Council, Union, City of Ithaca Mayor, State Civil Service, NYSUPA? Connection to State Legislature to begin reform discussion 4/1/2023 - 4/30/2023 Urge Gov. of New York /New York State Legislature to reform disciplinary procedures for law enforcement personnel under Civil Service Law Section 75. Review current service legislation No anticipated Budget No anticipated Budget Stakeholders City Attorney, City Admin, County Admin, Common Council, Union, City of Ithaca Mayor, State Civil Service, NYSUPA? Understanding of current service legislation 5/1/2023 - 8/31/2023 Urge Gov. of New York /New York State Legislature to reform disciplinary procedures for law enforcement personnel under Civil Service Law Section 75. Convene impacted stakeholders No anticipated Budget No anticipated Budget Stakeholders City Attorney, City Admin, County Admin, Common Council, Union, City of Ithaca Mayor, State Civil Service, NYSUPA? Review of policies and legislation 5/1/2023 - 8/31/2023 Community Justice Center 2023 Workplan Page 33 Urge Gov. of New York /New York State Legislature to reform disciplinary procedures for law enforcement personnel under Civil Service Law Section 75. Develop an advocacy strategy No anticipated Budget No anticipated Budget Stakeholders City Attorney, City Admin, County Admin, Common Council, Union, City of Ithaca Mayor, State Civil Service, NYSUPA? Create recommendation to make changes to reform disciplinary procedures 5/1/2023 - 8/31/2023 Budget Request Narrative There is no anticipated budget. 8.1 Recommendation for Appointment to the Ithaca Landmarks Preservation Commission RESOLVED, That Janet Smith be appointed to the Ithaca Landmarks Preservation Commission with a term to expire December 31, 2025. 8.2 Recommendation for Appointment to the Ithaca Housing Authority RESOLVED, That Leon Porter be appointed to the Ithaca Housing Authority with a term to expire December 31, 2025. 8.3 Recommendation for Appointment to Cable Access Oversight Committee RESOLVED, That Paul Smith be appointed to the Cable Access Oversight Committee with a term to expire December 31, 2025.