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06-03-15 Common Council Meeting Agenda
OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, June 3, 2015, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation Regarding the Rollout of the City's Body Camera Program By City Attorney Lavine and Ithaca Police Chief Barber 5.2 Commons Project Update — Superintendent of Public Works & Staff 5.3 Dam Project Considerations — Superintendent of Public Works & Staff 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2015 Summer Concert Series on the Ithaca Commons — Resolution City Administration Committee: 8.2 Human Resources — Establishment of Wellness Advisory Committee - Resolution 8.3 Attorney - Request to Authorize Mayor to Submit Home Rule Request for Police Officer Retirement System Change - Resolution 8.4 Youth Bureau (Youth Employment Services) — Request to Amend 2015 Youth Bureau Budget - Resolution 8.5 Department of Public Works - Request to Amend Roster For Fiscal Manager Position - Resolution 8.6 Fire Department — Request to Establish Capital Project for Equipment Acquisition - Resolution 8.7 Fire Department — Request to Amend 2015 Budget for A Donation - Resolution Common Council Agenda June 3, 2015 Page 2 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning" In Order To Amend The Required Rear Yard Setback In The MH-1 Zoning District A. Designation of Lead Agency — Resolution B. Declaration of Environmental Significance — Resolution C. Adoption of Ordinance 9.2 Foreclosure Property: Resolution to, Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction A. Designation of Lead Agency — Resolution B. Declaration of Environmental Significance — Resolution C. Resolution 9.3 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1, 401 Lake Street from Public Auction —Action — Resolution A. Designation of Lead Agency — Resolution B. Declaration of Environmental Significance — Resolution C. Resolution 9.4 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-2, 401 Lake Street from Public Auction — Action - Resolution A. Designation of Lead Agency — Resolution B. Declaration of Environmental Significance — Resolution C. Resolution 9.5 Adoption of 2015 Action Plan — Housing and Urban Development (HUD) Entitlement Program - Resolution 9.6 Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake 10. CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law to Establish a Sustainable Energy Loan Program in the City of Ithaca 10.2 Authorizing a Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca - Resolution 10.3 Department of Public Works - Request to Fund Stewart Park Buildings Priority Plan - Resolution 10.4 Attorney - Request for Permanent Easement for 327 Eddy Street Proposed Encroachment - Resolution 10.5 Department of Public Works - Authorization of a New Master Agreement for the Cayuga Waterfront Trail — Phase 2 - Resolution 10.6 Mayor's Office — Request to Approve Funding Match for TIGER VII (Transportation Investment Generating Economic Recovery) Grant Application - Resolution 10.7 City Controller's Report Common Council Agenda June 3, 2015 Page 3 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Appointments to Various Boards and Committees — Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 6, 2015 Common Council Meeting Minutes — Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. Julie Conley Holcomb, CMC City Clerk Date: May 28, 2015 Last updated: n/a ITHACA POLICE DEPARTMENT GENERAL ORDER EFFECTIVE DATE SUBJECT GO-595 / /2015 ISSUED BY: Body-Worn Cameras # OF PAGES: John R. Barber 6 Chief of Police DATE OF REVIEW: Rescinds: Amends: LEAP: I. PURPOSE The purpose of this order is to establish the rules for the use and operation of body-worn cameras by members of the Ithaca Police Department, including the measures required to secure and safeguard digital evidence captured by the cameras. The use of cameras is intended to assist officers in the performance of their duties, increase transparency and accountability of IPD operations, and gather evidence for use in the prosecution of crimes. II. DEFINITIONS Law Enforcement Operations: includes Patrol Activities, responding to calls for service, traffic stops, arrests, searches, pursuits, physical or verbal confrontations, execution of warrants, and actively engaging in SWAT and/or CINT operations, but excludes training operations and those investigatory activities normally carried out exclusively by officers assigned to the Investigative Division. Patrol Activities. Those duties and responsibilities assigned to members of the Patrol Division in GO-3047 Patrol Operations, but only insofar as those duties and responsibilities involve purposeful interaction with one or more particular members of the public. III. POLICY It is the policy of the Ithaca Police Department for officers to activate the recording function of body-worn cameras when engaged in Law Enforcement Operations. A. Assignment of Cameras. 1 Every officer assigned to the Patrol Division must wear a body camera when on duty, and all other officers must wear a body camera when it is reasonably expected that the officer will engage in Law Enforcement Operations during the officer's shift. In addition, every IPD officer assigned to SWAT or CINT operations must wear a body camera when responding to a call for those services. An officer wearing a camera must activate the recording function of the camera as required by this General Order. An officer who is called in to work must first report to IPD to pick up a camera, or otherwise obtain a camera, if he or she reasonably expects to engage in Law Enforcement Operations in response to the call-in. Officers called in to respond to an emergency or when time is of the essence are not required to obtain a camera from IPD before responding if the officer being called in is so notified by his or her commanding officer. In the unlikely event that the Department is unable to make a functioning body camera available to an officer otherwise required by this General Order to wear a body camera, said officer may be excused from wearing a body camera only in writing (including by email) either (a) by the Chief or a Deputy Chief of Police for a narrowly-specified period of time, or (b) by said officer's shift commander, for a period not to exceed 18 hours, with simultaneous written notice to (i.e., copying on an email) the Chief or a Deputy Chief of Police. B. Maintenance of Cameras. If an officer is required to wear a body camera by this General Order, he or she must inspect the body camera and associated equipment prior to going into service. The officer must test the camera in accordance with manufacturer specifications and departmental training at the start of each shift. This testing includes: • Verifying that the camera is functional and the battery is charged. • Ensuring that the device is properly placed or affixed for use. After testing and evaluation, the Chief of Police will determine the body location where a body camera must be worn, and this General Order will be revised accordingly. At the end of the officer's shift, the camera must be secured and charged in accordance with manufacturer specifications and departmental training. If a camera is found to be malfunctioning, it must be removed from service and the shift commander notified as soon as reasonably possible. C. Activation of Recording. Unless an exception listed in this General Order applies, an officer must activate the recording function of the officer's camera at the beginning of each Law Enforcement Operation in which the officer engages. This General Order is not 2 intended to describe every situation in which a body camera may be used; unless recording is prohibited by this General Order, an officer may begin recording any time the officer believes it would be appropriate and/or valuable to do so. Informal, non-law enforcement interactions with members of the public (for example, interacting with a person asking for directions) are not Law Enforcement Operations and need not be recorded. However, if the interaction becomes problematic or adversarial, the officer must begin recording when it is safe to do so. When responding to a call for service, recording must begin when the officer starts to proceed to the call for service (for example, when the officer notifies dispatch that the officer is responding). Recording of other Law Enforcement Operations must begin at the beginning of the Operation. Recordings should be made on a per-Operation basis. Officers should not record between Operations. When an officer fails to activate or achieve the required duration of a recording in a circumstance where recording is required by this General Order, or experiences a camera malfunction that prevents recording, the officer must (i) promptly inform their commanding officer, (ii) document and explain the failure or malfunction in the police report for that incident and any others similarly impacted, and (iii) unless otherwise ordered by their commanding officer due to exigent circumstances, thereafter obtain a functioning body camera before engaging in additional Law Enforcement Operations. Officers are prohibited from recording: • Other IPD personnel during routine, non-Law Enforcement Operations • In IPD headquarters or the SWAT Command Center unless either: (i) recording is required by a court order or authorized as part of an administrative or criminal investigation; or (ii) the officer is actively engaging with a subject in custody, a complainant, or a witness. D. Duration of Recording. Once recording is required to begin, recording must continue until: (i) the conclusion of the officer's participation in the Operation, incident, or encounter, unless a supervisor authorizes on camera' that recording may cease on the basis that the supervisor reasonably concludes that the officer's upcoming participation will be non-substantive in nature for a sustained period of not less This requirement is satisfied where the camera captures the officer receiving via oral communication device (i.e., by phone or radio)the necessary supervisory authorization, including as necessary the officer repeating in real time for the camera's benefit the identity and approximate substance of the supervisor's oral communication. 3 than thirty minutest (for example, conducting traffic direction at a crime scene already brought under control); or (ii) one of the exceptions in this General Order applies. Recording may be discontinued at the officer's discretion when: • Interviewing a victim where the victim's privacy may be at issue, including but not limited to victims of rape and domestic abuse, or where the victim is non- or partially-clothed. Where this exception may apply, officers should consider seeking to divert the camera away from the victim or obscuring the lens, if the victim is agreeable to audio recording. • Interviewing a witness who fears retaliation for cooperating with police, or refuses to cooperate unless the camera is turned off. • Conducting investigative interviews with Confidential Informants. • The officer has completed his or her engagement with each subject at the scene, at least on an interim basis, and exited the vicinity of each subject. (This may apply where, for instance, the officer needs to discuss issues regarding the Operation with another officer in private.) In this case, recording must resume if the officer reenters the vicinity of a subject or otherwise resumes engaging with a subject. Before stopping a recording, the officer must state on the recording the reason(s) for stopping. This requirement is satisfied where the camera captures the officer informing dispatch of the completion of the call for service by radio or the Spillman record system. Officers are not required to inform members of the public that they are recording, but must disclose that they are recording if asked by any individual other than by a suspect or in the presence of a suspect. E. Maintenance of and Access to Videos. Once a camera and storage system is selected, this General Order will be revised to include additional details regarding the downloading and tagging of videos. All recordings made during an officer's shift shall be uploaded to the storage system at the end of an officer's shift, and shall be tagged by that officer within [96 hours] of upload. If there is a circumstance when this cannot be accomplished, a supervisor must be notified. In the event of an officer-involved shooting (whether the individual shot is an officer or non-officer), in-custody death, or other incident involving an officer that results in a non-officer's serious bodily harm or death or during which an officer discharges his or her weapon, the highest ranking officer at the scene (or such other person designated by the Chief of Police or his or her designee) is 2 The sustained period is as anticipated by the supervisor at the time of authorization. If an officer engages in substantive participation during or after that period of time, such participation shall constitute a Law Enforcement Operation, and the officer must resume recording. 4 responsible for taking possession of the cameras of all officers at the scene at the time of the incident at the conclusion of the recording by each camera as allowed by this General Order, and preserving the evidence on the cameras for later review. Video recordings from the cameras will be retained as follows. • All videos shall be retained for six months after the date of recording and then automatically deleted, unless this General Order requires a longer retention period. • Videos related to felonies. All footage associated with a felony shall be made part of the case investigative record, and retained in accordance with the MU-1 schedule promulgated by the New York State Department of Education ("MU-1 Schedule") (from 25 years to permanent, depending on the crime). • Videos related to misdemeanors. o All videos associated with misdemeanor arrests, and any non- arrest footage associated with DWI stops and sobriety tests, shall be made part of the case investigative record and retained for the five-year period required by the MU-1 Schedule. o Any other video associated with misdemeanors shall be made part of the case investigative record only if IPD personnel, designated by the Chief of Police or his or her designee, deem the video sufficiently probative of the misdemeanor to merit inclusion in the investigative record. • Videos associated with violations and traffic infractions. Such a video shall only be made part of the case investigative record if IPD personnel, designated by the Chief of Police or his or her designee, deem the video sufficiently probative of the matter to merit inclusion in the investigative record. Videos made part of a case investigative record shall be retained for the one-year period required by the MU-1 Schedule. • Videos related to investigations into officer handling of incidents (including in connection with a complaint filed before the Community Police Board). These videos shall be retained as long as any associated Community Police Board complaint is required to be retained, or if there is no such complaint, until the completion of any associated legal or administrative proceedings following the investigation. Videos will ordinarily be retained using an online cloud system, but may be maintained on other systems or media under IPD's control. Videos that are made part of a case investigative record may be removed from an online cloud system (a) upon the expiration of the required retention period, or (b) once burned on a disc or stored on other systems or media under IPD's control in order to minimize data storage costs. All recordings are the property of the City of Ithaca. Access to the videos, whether made part of a case investigative record or otherwise, shall be limited. IPD personnel are prohibited from accessing, tampering with, editing, copying, 5 and/or uploading to any device or website, any video except in accordance with the performance of their official duties. Notwithstanding other provisions of this General Order, access to videos related to an officer-involved shooting (whether the individual shot is an officer or non-officer), in-custody death, or other incident involving an officer that results in a non-officer's serious bodily harm or death or during which an officer discharges his or her weapon, or allegations of criminal actions or misconduct by an officer, shall be restricted to individuals authorized by the Mayor or Chief of Police. Except in accordance with the Freedom of Information Law or as required by other law of mandatory applicability, no other individuals shall have access to or be provided with any videos except for the Tompkins County District Attorney's Office and any individuals authorized by the Mayor or Chief of Police. When a video is responsive to a Freedom of Information Law request, it will be reviewed prior to release and may be withheld or redacted for the same reasons as other police records (including for reasons of personal privacy). An officer may review video footage prior to making a statement about a recorded incident that may be used in a legal or administrative proceeding. Recordings may be used in support of criminal or disciplinary charges, as well as for training or instructional purposes. F. Training. Standards for training officers and other IPD personnel in the use and maintenance of the cameras and related hardware and software will be developed. All officers and supervisors will be trained regarding the operation of body cameras. Supervisors are responsible for ensuring the cameras assigned to the officers reporting to them are in working order, and that each officer is using the camera and related software in accordance with departmental policy and training. This General Order shall be included in the training materials. Each officer shall sign a form acknowledging his or her participation in the training session and receipt of this General Order. Until he or she successfully completes the training, an officer may not wear or operate a body camera other than for training purposes, which training may not occur while the officer is engaged in Law Enforcement Operations. John R. Barber Chief of Police 6 8. CONSENT AGENDA ITEMS: Department of Public Information and TechnologV: 8.1 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2015 Summer Concert Series on the Ithaca Commons — Resolution WHEREAS, the City Clerk has received a request to allow the Downtown Ithaca Alliance to offer for sale and consumption wine and beer during the 2015 Summer Concert Series on the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2015 Summer Concert Series, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; now, therefore be it RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and consumption of wine and beer during the 2015 Summer Concert Series on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of$1,000,000.00, and shall provide evidence of such insurance to the City Clerk. 8. CONSENT AGENDA ITEMS — CONTINUED City Administration Committee: 8.2 Human Resources — Establishment of Wellness Advisory Committee - Resolution WHEREAS, physical health or wellness is a personal asset that frees one to concentrate on work, family, relationships, and hobbies; and WHEREAS, wellness is a dynamic process of learning new life skills and becoming aware of and making conscious choices toward a balanced and healthy lifestyle; and WHEREAS, wellness cannot be guaranteed by any set of actions, wellness can be improved and increased by personal choices; and WHEREAS, workplace environment, policies, and incentives can support and provide awareness for wellness choices; and WHEREAS, Article 47 of the New York State Insurance Law requires and envisions a partnership between employer and employees in directing their health insurance; and WHEREAS, employer and employees are collaborating to fund Health Insurance; and WHEREAS, the cost of health insurance and personal time lost in doctors' offices are both directly reduced when its members are in good health; now, therefore be it RESOLVED, That the City of Ithaca seeks to become an active partner with staff in raising healthy choice awareness, promoting healthy behaviors by providing information and opportunities, and facilitating wellness action steps; and, be it further RESOLVED, That the City of Ithaca establishes a Wellness Advisory Committee that shall consist of employee volunteers charged with promoting health and wellness of staff and their family through education and program initiatives that: • Encourage habits of wellness • Increase awareness of factors and resources contributing to well-being • Inspire and empower individuals to take responsibility for their own health • Recommend action steps to create a workplace culture that encourages environmental and social support for healthy lifestyle choices And, be it further RESOLVED, That the City of Ithaca's Human Resources Department oversees the Wellness Advisory Committee and will report progress and activities to the City Administration Committee on a quarterly basis. ' CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 OFFICE OF HUMAN RESOURCES /CIVIL SERVICE Telephone: 607/274-6539 Fax: 607/274-6574 E-mail: hrdept@cityofithaca.org To: City Administration From: Leslie A Moskowitz, Manager of Organizational Development Date: April 3, 2015 Re: Wellness Resolution One of the Greater Tompkins County Municipal Health Insurance Consortium's(GTMHIC) goals is to reduce costs by reducing health claims. Research has shown that this can be achieved by encouraging employees to make healthy lifestyle changes and by supporting an environment where employees can be healthy and productive. The Consortium's Board of Directors and its members embrace preventative health care as part of their strategic business plan. The Consortium's subcommittee"Owning Your Own Health"is encouraging all of its participating municipalities to adopt a resolution supporting workplace wellness. Adopting the resolution is the first step in ensuring organizational commitment to wellness and the first step in supporting a wellness culture. The proposed resolution creates an internal infrastructure by establishing a wellness committee and a reporting system. The GTMHIC adopted a wellness resolution at the Board of Director's meeting on August 8, 201.4. When creating an organizational culture of wellness and owning your own health, it is critical that the support come from a number of people within the organization. Promoting the wellness advisory committee at the start signals the Consortium's Board of Directors and the City of Ithaca's support for the culture change. In order for the wellness committee to be successful, it is essential that it be properly resourced and its action plan be supported by the elected officials and by management. Attached are the Greater Tompkins County Municipal Health Insurance Consortium's wellness resolution,the City of Ithaca's wellness resolution, and The Business Case for Wellness Programs in Public Employee Health Plans documents. Enclosures: GTMHIC Wellness Resolution City of Ithaca Wellness Resolution The Business Case for Wellness Programs in Public Employee Health Plans, Elizabeth Kellar, President& CEO, Center for State and Local Government Excellence Published September 2012 "An Equal Opportunity Employer with a commitment to workforce diversification." Greater Tompkins County Municipal Health Insurance Consortium Wellness Policy Resolution Whereas,claims are approximately 93%of the expenses of the GTCMHIC, and Whereas, claims costs are currently increasing at an average of 8.85% per year which is unsustainable in the municipal environment, and Whereas, claims cost increasing faster than inflation is the result of the new health care technologies, costs of service providers, and possibly behaviors of covered lives, and Whereas, of these three causes, only health and life style choices that reduce the need for medical care and prescriptions particularly high risk diseases are within our collective control, and Whereas, employers implementing a wellness policy that supports and raises awareness of wellness choices is in the best interest of both the employers and employees, and Whereas the GTCMHIC's Own Your Own Health Committee stands ready to support, inform, and find opportunities for collaboration in Wellness planning and implementation, Now Therefore Be It Resolved that the GTCMHIC Board of Directors urges its member municipality to adopt a wellness policy (an example is attached that has been vetted by the Own Your Own Health Committee) before the end of calendar year 2014, and Be It Further Resolved,that GTCMHIC Board of Directors urges the member municipalities to direct representatives of their respective Wellness Committees, to regularly attend the GTCMHIC's Own Your Own Health Committee to share questions, accomplishments, and strategies for developing a culture of wellness awareness. CITY OF ITHACA ! 108 East Green Street Ithaca,New York 14850-5690 f OFFICE OF HUMAN RESOURCES/CIVIL SERVICE Aid Telephone: 607/274-6539 Fax: 607/274-6574 E-mail: hrdept@cityofithaca.org To: Common Council From: Leslie A Moskowitz, Manager of Organizational Development . Date: May 28,2015 Re: Wellness Resolution-Additional Information Requested The Greater Tompkins County Municipal Health Insurance Consortium(GTMHIC) subcommittee "Owning Your Own Health" is encouraging all of its participating municipalities to adopt a wellness resolution supporting workplace wellness. This information was presented at the last City Administration Committee. The City Administration Committee requested additional information on current wellness activities and initiatives in the City. The Human Resources Department has coordinated wellness activities since 2002 (flu shot clinics, educational sessions,health screenings,mini health fairs, and health challenges etc). Enclosed is information that outlines the GTMHIC initiative and wellness activities provided over the last two years in the City. "An Equal Opportunity Employer with a commitment to workforce diversification." Greater Tompkins County Municipal Health Insurance Consortium Initiative One of the Greater Tompkins County Municipal Health Insurance Consortium's (GTMHIC) goals is to reduce costs by reducing health claims. Research has shown that this can be achieved by encouraging employees to make healthy lifestyle changes and by supporting an environment where employees can be healthy and productive. The Consortium's subcommittee"Owning Your Own Health"is encouraging all of its participating municipalities to adopt a resolution supporting workplace wellness. Wellness Resolution Purpose Adopting the resolution is the first step in ensuring organizational commitment to wellness and the first step in supporting a wellness culture. The proposed resolution creates an internal infrastructure by establishing a wellness committee and a reporting system. Wellness Committee Functions The resolution recommends that there are representatives from a majority of the City departments to serve on the committee. The Wellness Committee serves as a communication and process conduit for the Greater Tompkins County Municipal Health Insurance Consortiums' strategic health initiatives. Members would help plan and implement programming, educational, and environmental change strategies. Current Wellness Activities in the City of Ithaca (prior to this Wellness Resolution) The City currently has a City Hall Wellness committee that coordinates communications, educational, and environmental initiatives specifically for City Hall under the Creating Healthy Places Worksite Wellness Grant sponsored by the Human Services Coalition. Members of this committee work in City Hall and volunteered to serve on the committee. While programming is targeted to City Hall staff the educational sessions and the health newsletter are offered to all employees in the City. The Creating Healthy Places grant will be finished in September 2015. City Hall Wellness Committee coordinated the following under the Creating Healthy Places Grant. Health Interest Survey Quarterly Newsletter Health Fair Healthy Snack Program New Vending Machines with healthier options Summer and Winter Community Supported Agriculture(CSA) Educational Sessions: Deskercise, Boosting your Immune System Naturally, Composting Spring4 Fitness Challenge Prediabetes Lifestyle Program Bulletin Boards Obtained equipment(weights, ergonomic tables. stretch bands, scale,pedometers) for City Staff use Consortium Activities Flu Shot Clinic program coordinated through ProACT and staff in the municipalities. Initiated the Ignite Health Screening Pilot(health risk assessment,height weight, glucose, cholesterol,blood pressure). Coordinated by Human Resources at the City. Human Resources Liaison to the Own Your Own Health sub committee for the GTMHIC Coordinated the grant requirements with HSC, facilitator and subject matter expert for the City Hall Wellness Committee Member of the County-Wide Wellness Coalition Coordinated ergonomics assessments and educational sessions in the City through a Department of Labor Grant Coordinate City-Wide wellness activities e.g. mini health fairs Communication conduit for other health related activities: e.g. Bike to Work promo, Way To Go, Finger Lakes Fitness and YMCA promotions, Blue Cross Blue Shield Updates IssuiE BRIEF (EXCELLENCE ENTER FOR STATE & OCAL GOVERNMENT The Business Case for Wellness Programs in Public Employee Health Plans September 2012 r` i 7 +c- he rate of health insurance cost increases has slowed—rising by just 2.8 percent in 2011, 3.9 percent in 2010, and 3.8 percent in 2009, according to the National Journal (McCarthy, September 14, 2012). While there may be many reasons for the slow down in expenditures, one factor could be the growth in wellness programs. As authors Robert L. Clarke and Melinda Sandler Morrill point out in this issue brief,many local and state governments have introduced wellness programs to improve employees' health and to reduce health insurance costs. The bottom line?Public sector wellness programs have reduced annual claims and also have shown promise in improving employee health. Even retirees can benefit from wellness programs,though they face some special issues. A study of the California Public Employees Retirement System found that retirees who participated in a health education program reduced health risk,used fewer medical services, and had lower claims costs than did the control group. The program is estimated to have saved $3.2 to $8 million in annual claims costs. Wellness programs that pay dividends are carefully designed and often include financial incentives to boost participation- Who can argue with better health and lower costs? The Center for State and Local Government Excellence gratefully acknowledges financial support from ICMA RC to undertake this research project. 04� IC W&4, Elizabeth K Kellar President and CEO Center for State and Local Government Excellence The Business Case for Wellness Programs in Public Employee ROBERT L. CLARK AND Health Plans MELINDA SANDLER MORRILL* Introduction 34 percent, while the percentage of workers in plans where the public sector employer paid the entire pre- Employers offering health plans to their active and mium for family coverage declined from 25 percent to retired workers face medical care cost inflation that 12 percent. As a result, monthly employee payments for continues to exceed the general rate of price inflation health insurance premiums for single worker coverage while also outpacing the rate of growth of total com- rose from an average of$31.94 to $90. 90, a three-fold pensation. Figure 1 shows that between 1999 and 2011, increase,while the cost of family plans increased from premiums for employer provided health insurance rose an average of$152.46 per month in 1998 to $397.32 by 160 percent while worker earnings increased 50 in 2011. In addition to higher premiums,public sector percent and general inflation increased only 38 percent. workers also faced much higher deductibles in these State and local governments have the same basic chal- plans. Deductibles for individual workers increased lenge as private sector employers—how to continue to from a median of$200 in 1998 to $500 in 2011, and provide adequate health insurance at reasonable cost. deductibles on family policies increased from a median Although cost shifting from the employing agency to of$400 to $1,000. In the face of higher employee costs, workers has been the primary means of slowing the the proportion of full-time employees participating in rate of growth of expenditures on health plans, more state and local government health plans declined from and more employers are turning towards wellness 86 percent to 82 percent. Thus, over the past decade, programs and preventative care policies aimed at longer deductibles have been raised, co-payments increased, term payoffs. These types of efforts have even more rel- and premiums have been introduced and increased. evance in the public sector,where workers tend to have These changes have slowed the growth of net income longer careers and it is still common to provide some to public employees, and in recent years, when there form of retiree health insurance,thus policies with long have been no increases in annual pay, take home term health benefits should reduce future expenditures income has actually declined. on health care utilization for many years. As the cost of providing health insurance contin- BLS (2012) reports the increase in employee cost for ues to rise, many state and local governments have health insurance offered by state and local governments introduced wellness programs in an effort to improve from 1998 to 2011 and how it has affected participation the health of their employees and to lower current in these plans. The proportion of full-time employees and future expenditures for health insurance. A major in plans where the public sector employer pays the concern for governments that are experiencing revenue entire premium for individual coverage fell from 49 to declines and trying to manage budget deficits is the immediate cost of wellness programs. The introduction of these programs typically requires upfront costs with benefits accruing in future years. In this issue brief,we •Robert L.Clark is professor of economics and of management inno- outline the business case of wellness programs within vation,and entrepreneurship in the College of Management,North health insurance plans for public sector employees. Carolina state University and Melinda Sandler Morrill is assistant Examples of wellness programs are presented and professor,Department of Economics,North Carolina state University. studies of the cost and benefits of these programs are 4 THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS Figure 1. Cumulative Increases in Health Insurance Premiums, Workers'Contributions to Premiums, Inflation, and Workers'Earnings, 1999-2011 180% 6890 160% —�►— 160% 140% 120% 100% 9a ro 80% 9396 60% 0% 40% 24% __ 20% _.._. 21% 0% 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 -i Health Insurance Premiums Source:Kaiser/HRET Survey of Employer-Sponsored Health Benefits, 1999-2011.Bureau of Labor Statistics,Consumer Price Index,U.S. Workers'Contribution to Premiums City Average of Annual Inflation(April to April),1999-2011:Bureau t Workers' Earnings of Labor Statistics,Seasonally Adjusted Data from the Current Employment Statistics Survey,1999-2011 (April to April). Overall Inflation examined. While we discuss individual components will use fewer medical services,thus reducing the of wellness programs, many public employers have employer's cost of providing health insurance to its adopted comprehensive plans that encompass a num- workers and raising overall employee productivity. Like- ber of these types of policies.' wise, healthier retirees will use fewer medical services, reducing retiree health insurance costs. Programs can be conducted with in-house personnel or outsourced Wellness Programs: Characteristics to gyms, clinics, and private companies that specialize and Value in wellness, counseling services, weight management, and other health-promoting services. Employee partici- Wellness programs come in many forms including pation can be encouraged through advertisement and weight management, physical fitness, tobacco cessa- marketing efforts,by directly subsidizing memberships lion, and regular health assessments. The objective of and services, or by offering financial incentives for these programs is to improve the health of workers by meeting wellness goals.Linnan, et al. (2008) describe promoting better nutrition, healthier lifestyles, and pre- the range of wellness programs provided at public and ventative care. The idea is to focus employee attention private worksites around the country based on the 2004 on certain actions that will improve their well-being National Worksite Health Promotion Survey. over their career and life, such as losing weight or quit- Methods for encouraging participation vary widely ting smoking. across the states and include restricting enrollment in The underlying business premise from the employ- less expensive health plans to those that participate in er's perspective is that workers who adopt healthier certain wellness activities, offering subsidies for enroll- lifestyles will become more productive workers who ment and participation, and imposing penalties for nonparticipation. Naturally,the cost per employee will ' The Affordable Care Act(ACA)includes a number of provisions that are aimed at promoting preventative care and improving overall 2 ACA changed the rules governing the extent to which employers health(Koh and Sebelius,2010).As the provisions of this legisla- can"discriminate"based on health behaviors,which has important tion are implemented,we anticipate that the incidence of wellness implications for the incentives to participate in workplace wellness programs will increase(Baicker,et al.,2010;Osilla,2012). programs(Koh and Sebelius,2010). THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS 5 depend on the type of program offered and the degree increase in well-being could be achieved through areas of employer subsidy. such as preventative medicine, diet, exercise, stress management, smoking cessation, drug and alcohol Types of Wellness Programs avoidance, and accident prevention. Further,the docu- ment argued that by creating a healthier workforce the Many state and local government employers have state will see higher quality work and productivity from adopted comprehensive wellness programs that address employees, improved morale, reduced absenteeism due to illness, and lower health care costs. California's a wide range of lifestyle, dietary, and health manage- Department of Personnel Administration (DPA) coordi- nates health and fitness promotion and illness preven- grams and focus on specific issues such as tobacco tion information. Executive Order W-119-95 directed cessation or weight loss. First, we will highlight some each state department to allocate resources to coordi- examples broad-based programs. We then describe nate participation in the California WorksWell Health more targeted efforts. Promotion Program (DPA Health Promotion Program) One example of a broad-based program is that to achieve the aforementioned goals of improving instituted by the state of Delaware.'Delaware adopted a employee health and well-being. California WorksWell comprehensive wellness program, "DeIaWELL,"whose now offers reduced membership rates at health clubs mission statement aims to "bring about awareness, and discounts for weight loss programs. The website knowledge, and ultimately changes in personal health for the program lists resources for disease prevention risk behaviors and overall well-being of employees, in and tips for a healthy lifestyle, including nutrition, order that the lives of state employees and the welfare weight management, and fitness resources. of the state as a whole will be significantly improved." The mission statement highlights both the value of Health Assessments and Preventative wellness to the individual employees,but also acknowl- Care edges that all citizens will benefit,presumably through lower costs of health care for workers. The DenverWellness program is an example of action Montana has also developed a comprehensive well- by a local government to enhance wellness of its ness program for state employees,the State of Montana employees.6 This program encourages employees to Healthy Employee Lifestyle Program (SOMHELP).° complete a series of wellness-related tasks aimed at The program includes a website for employees that improving their lifestyles. As an incentive, employees provides information on fitness,weight management, who completed the program in 2010 received$12 per and tobacco cessation. Employees also have access to month off of their premiums in 2011.According to the life coaches and receive health screening discounts. 2011 Benefits Guide,the city believes that one of the Similarly, Ohio has a program called "Take Charge Live main reasons for increased medical costs are the treat- Well,"whose mission statement includes the charge for ment of illnesses that can be directly attributable to state of Ohio employees and their families to "maintain unhealthy lifestyles (e.g., diabetes,high blood pres- optimal health, wellness, and productivity by taking sure,back pain).'One goal of this program is to help responsibility for their own health and use of the health decrease medical claims, and therefore reduce premi- care system."5 In order to achieve this, the program ums,by improving the lifestyles of employees.' focuses on providing health assessments,biometric At the state level, Oklahoma has a similar preven- screenings, and health coaches. The program includes five care plan called OK Health, introduced in 2005 monetary incentives for participation. to encourage health assessment and monitoring of Clark and Morrill (2011) describe the wellness employees.' Several full-time health educators conduct program in California. Executive Order W 119-95 was signed on April 4, 1995 recognizing the need for 6 For more information see the DenverWellness website: improved physical and mental well-being of the state http://www.denvergov.org/EmployeeResources/Wellness/ ProgramsandServices/tabid/432532/Default.aspx workforce.According to this document,the desired The 2011 Benefits Guide is available at:http://www.denvergov. org/Portals/671/documents/BenefitsLEnrollment/BenefitsGuide2011 3 See the DelaWELL website at:http://delawell.delaware.gov/, pdf 4 See Montana,Health Care and Benefits Division,http://benefits. 8 See Clark,Morrill,and Riche(2011)for a description of three mt.gov/default.mcpx. local health plans and their wellness efforts. 5 See Ohio Take Charge Live Well,accessed July 2012. 9 For more information,see:https://basweb.ebc.state.ok.us/. S THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS telephone interviews with employees during working or take steps on their own to improve their health. If hours. Employees complete a web-based health assess- they exhibited weight loss and improvements in health ment that includes a medical history, dietary habits, in future exams, they would not be charged. But if they and other factors that influence health status. Partici- did not,they had to pay starting in January 2011. pating employees are eligible for a visit to their primary care physician for various tests without being subject Physical Fitness and Exercise Programs to a co-pay. Results of these tests provide a baseline on employees' health risks. Employees are assigned to Exercise and training programs can promote weight loss, as well as improving overall physical fitness. mentor who is available for future telephone conversa- lions about weight management, stress, and exercise. Many government agencies have attempted to promote Additional financial incentives and discounts for vari- fitness through subsidized gym and spa member- ships, and on-site exercise facilities and walking trails. ous wellness programs are available to participants in OK Health. Athree-year review of the program by the Employees can be encouraged to meet with trainers Oklahoma State Department of Health found that there and life coaches and/or take exercise breaks during the day. Gainesville, Florida established its "LifeQuest" had been a 21 percent decrease in medical claims, 9 percent reduction in hospitalizations, and a 34 percent Program in 1992 to promote health, diet, and fitness at no cost to Gainesville employees,retirees, and their reduction in doctor's office visits (Center for State and families.11 "LifeQuest" operates several fitness centers Local Government Excellence,August 2010). where employees can meet with a trainer that will Weight Management and Obesity Programs provide injury assessments and information of rehabs problems. In addition,participants can arrange consul- One of the biggest health problems in America is tations with exercise physiologists who develop indi- obesity and its related health effects. Employers can vidualized exercise programs. About 90 percent of city promote weight loss through a variety of programs employees participate in "LifeQuest" and consultant including providing information about healthy diets, reports indicate that the city's costs and premiums are removing unhealthy items from cafeterias and break below average compared to comparable sized employ- rooms, and short-run campaigns and competitions. In ers (Center for State and Local Government Excellence, addition, government agencies can partner with com- 2009). panies promoting healthy diets and weight loss pro- grams such as Weight Watchers. Alabama, Delaware, Tobacco Cessation Programs and Virginia have all developed programs with Weight There is a well-known link between tobacco use and Watchers and report successful weight loss by their certain diseases,many of which result in lifelong rob- employees.10 lems and require expensive treatments. Employers can Kaufman et al. (2012) report how the fifty states encourage employees to stop using tobacco products by and the District of Columbia cover weight loss interven- having differential health plans or premiums based on lions in state health plans (also see National Council of whether the person is currently using tobacco prod- State Legislatures,2012). The report illustrates the wide ucts or has entered a cessation program. The National range of plans and subsidies that states offer to encour- age their employees to adopt and maintain a healthier Council of State Legislatures (2012) reported that at least 9 states now charge, or are authorized to charge, lifestyle. Some states have penalties if employees do lower premiums to nonsmokers and higher premiums not enroll in wellness plans. In one example,Ala- to smokers. As of March 2010, 39 states had adopted bama imposed fees on overweight state workers who tobacco cessation programs and policies aimed at did not participate in weight reduction programs. The State Employees' Insurance Board approved chargingreducing tobacco use by employees. One example is screenings. Virginia's "Quit for Life" program."In this program, employees if they did not get free health screen I individuals are given a coach who helps develop a plan f serious problems with blood pressure, cholesterol, for the participant to stop smoking. Individuals receive glucose or obesity were detected,workers had one year to see a doctor at no cost, enroll in a wellness program, 11 For more information,see:http://www.cityofgainesville.org/ GOVERNMENT/CityDepartmentsNZ/RiskManagmentDepartment/ 10 For a description of these programs and outcomes,see:http:// tabid/318/Default.aspx. www.weightwatchers.com/images/1033/dynamic/GCMSImages/ 12 For more information,see:http://commonhealth.virginia.gov/ WW Newsletter_Fall08-nobox-v2.pdf, [accessed July 2012]. quitforlife.htm. THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS 7 free nicotine replacement patches, gum, or smoking nies for several reasons. First,public employees tend to cessation gum as long as they stay active in the pro- have longer careers with the same employer compared gram for up to one year (Center for State and Local to private sector employees. Thus the gains from a Government Excellence, December 2009). Like many healthier worker can be expected to continue over more other public sector wellness programs, "Quit for Life" is years. Second, state and local governments tend to pro- but one component of a much more extensive wellness vide health insurance to retirees so that the benefits of initiative. healthier individuals may continue into the retirement years." To date, most studies evaluating workplace wellness Return on Investment in Wellness programs have focused on the private sector. Several review studies have been done that attempt to synthe- Programs size findings from individual programs and randomized clinical trials of worksite wellness programs (see, e.g., While the costs associated with identifying, implement- Baicker, et al., 2010; Berry, et al.,2010; Goetzel and ing, and maintaining a wellness program are generally Ozminkowski, 2008; Osilla, et al., 2012). A special issue straightforward to estimate,the benefits from wellness of the American Journal of Health Promotion on the programs are harder to measure, particularly in the financial impact of health promotion programs includes short run. There have been relatively few systematic both analyses of the issues surrounding health promo- studies of the return on investment (ROI) of wellness lion efforts and includes reviews of previously pub- programs in the public sector. Recognizing the need lished studies (Goetzel, 2001). Goetzel (2001) concludes for more rigorous research on ROI, the 2010 Affordable that while value has been demonstrated,more rigorous Care Act stipulates that the CDC should provide techni- research is required. From an extensive review of the cal assistance to evaluate employer-based wellness literature,Baicker, et al. (2010) provide an estimate that programs and should also conduct a survey of existing for every one dollar spent on wellness plans,there is a programs (Koh and Sebelius, 2010). return of three dollars in cost saving. The U.S. Depart- The expectation is that the behavioral changes ment of Health and Human Services issued a report encouraged by state and local government wellness in 2003 examining the wellness programs adopted by programs can be directly linked to improved health, some of the leading employers in America and pre- lower absenteeism, and greater productivity, as well sented statistics from these companies on the value as lower utilization of medical services and lower of the programs.14 For example,the wellness program expenditures on health insurance for public employees adopted by Motorola was estimated to have saved the and retirees. Those focusing solely on annual budgets company$3.93 for every$1 invested. In the first 24 and net expenditures may overlook the longer-term months after the adoption of Northeast Utilities We11A benefits of wellness programs such as lower growth in ware program,lifestyle and behavioral claims were the cost of health insurance. In addition, gains such as reduced by$1,400,000. Caterpillar's Healthy Balance increased worker productivity and worksite morale may program was estimated to produce savings of$700 mil- be difficult to capture on a balance sheet. Healthier lion by 2015.Johnson&Johnson's Health and Wellness workers and retirees will be less likely to use medical program lowered average annual health care cost by services and therefore,wellness programs should result $224.66 per employee.15 in lower insurance premiums for any given health plan In the public sector, there are several examples of offered to workers. Healthier workers should miss fewer successful workplace wellness programs that were days due to illness thus reducing productivity loss shown to have a positive ROI. King County, Washington from absenteeism. Healthier workers should feel better (2010) produced a detail study of its wellness program while on the job and therefore,have higher productiv- that was instituted in 2005. The study reported high ity during their work day. Of course,improved health of workers should also improve their well-being and 13 Clark and Morrill(2010)provide a detailed review of state and attitude,and they may feel better about their employer local retiree health plans and how the cost of these plans varies who promoted wellness and gave them the opportunity across the nation. to improve theirs. 14 The report is available at:http://www.aspe.hhs.gov/health/ prevention/. The benefits of wellness programs to public employ- is Aldana(2001)also provides a meta-analysis of published articles ers likely will exceed the value to private sector compa- describing private sector workplace wellness programs. S THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS participation rates in the wellness program and found One of the committee's recommendations was to that by 2009, county employees had made improve- establish a wellness program that gave employees ments on 12 out of 14 health risk factors since the financial incentives of$200 to $500 if they take ini- program began in 2005. Actual health care costs were tial and annual health risk assessments and take part $26 billion less than expected expenditures based on in key program activities,including physical fitness, cost trends prior to 2005. education, and preventive care. The results have been The Austin, Texas, Capital Metropolitan Transporta- dramatic with 75 percent of the workforce participating tion Authority16 adopted a wellness program in 2003 for in the wellness program:between 2007 and 2008, aver- its 1,075 employees.The program consisted of access age annual medical claims dropped from $2,437.44 per to 24-hour fitness centers; personal trainers, well- person to $2,262.57, and the use of sick days decreased ness coaches;full body assessments; on-site dietician; by 6 percent. Weight Watchers classes,healthy eating workshops; Other health improvements that are expected to walking club,bike loan program; and cash incentives pay dividends have been decreases in blood pressure, for losing weight and quitting smoking. The program cholesterol, smoking, and obesity. Tobacco use among also offers weekly discount coupons to be used toward participants fell from 32 percent to 16 percent. Those purchasing healthy cafeteria food and ensures that with blood pressure greater than 140/90 dropped from at least 60 percent of vending machine offerings are 62 percent to 32 percent;those with total cholesterol healthy choices. Smoking cessation classes, free flu above 200 dropped from 44 percent to 14 percent; shots, and stress reduction workshops are also offered. and those with a body mass index of greater than 25 Evaluation of the program indicated a savings of$2.43 percent declined from 97 percent to 76 percent. Alco- for every dollar spent on the program since 2003 and hol use also declined with participants who had more found that health care costs,which had been rising than two drinks per day dropping from 27 percent to 11 precipitously before 2003, slowed and then fell by 4 percent. percent in both 2007 and 2008, and 5 percent in 2009. Between 2003 and 2009, they saw a 24 percent net Retirees increase in health care costs instead of the projected 49 percent increase. Absenteeism,rising prior to 2003, In most state and local government health plans, fell in each of past five years. Absenteeism rates are 37 percent lower in 2009 than in 2003. retirees and active workers have access to identical Montgomery,Ohio, found that its employee health health insurance plans, so will therefore qualify for care costs made up 3 percent of the city's annual bud- the same wellness initiatives. However, even in states get in 1999 and were rapidly increasing.A Health Care where retirees are pooled with active workers, addi- Benefits Committee was established to represent the tional wellness programs targeted to retirees have been employees' health care concerns and to negotiate with implemented. For example,in New Jersey, retirees must insurance providers, maintain comprehensive cover- Participate in a Retiree Wellness program or pay 1.5 age, and communicate with each work group about key Percent of 50 percent of their highest monthly salary to health care issues. Four of the committee's members be eligible for the state health plan. Retirees can instead represent the primary work groups within city govern- sign a"Pledge for Health Living" and complete the ment and the fifth represents management. requirements associated with this pledge to have the premium waived." Similarly, the Ohio Public Employees Retirement 16 Capital Metropolitan Transportation Authority:Kim Peterson, System (OPERS) also has a separate wellness program employee relations manager,and Michael Nyren,risk manager, for retirees."Retirees that participate in the OPERS Capital Metropolitan Transportation Authority;Capital Metropolitan personal health management program earn up to $100 Transportation Authority,"Capital Metro Wellness Program Recog- nized for Improving Employee Health and Reducing Costs,"Aus- tin,Texas,June 4,2009;and U.S.Centers for Disease Control and 17 A copy of the letter sent to new retirees and health pledge can Prevention,A Comprehensive Worksite Wellness Program in Austin, be seen at:http://www.state.nj.us/treasury/pensions/shbp-wellness- Texas:Partnership Between Steps to a Healthier Austin and Capital program.shtml;the brochure describing the program and its require- Metropolitan'l1ansportation Authority,"by Lynn Davis,Karina Loyo, ments can be found at:http://www.state.nj.us/treasury/pensions/ Aerie Glowka,Rick Schwertfeger,Lisa Danielson,Cecily Brea,Alyssa pdf/hb/njdirect-wellness-brochure-revised-hat-2011.pdf. Easton,and Shannon Griffin-Blake,Preventing Chronic Disease:Pub- 18 For more information,see:https://www.opers.org/healthcare/ lic Health Research,Practice,and Policy(April 2009),pp.1-5. wellness/. THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS J to deposit in their retiree medical account (AMA). form of subsidized programs offered at the workplace Individuals earn $50 for completing each of the follow- or small cash incentives to enroll in various programs. ing activities (up to the$100 maximum): complete a Penalties can be in the form of limiting access to lower health assessment, undergo an annual physical exam, cost health care plans or direct fees for nonparticipa- complete a wellness program, and successfully partici- tion. We have reviewed a series of programs adopted by pate in a disease management program. Funds from the state and local governments. RMA can be used for qualified health expenses includ- Most of the evidence provided by various gov- ing medical, dental, and vision as allowed by the IRS ernment agencies indicates that these programs are and thus are not subject to personal income tax (see successful in improving the health status of employees Clark and Morrill,2011). and slowing the growth of health care expenditures Public sector employers may find that special issues by the employer. However,relatively few agencies face retiree populations and that specialized programs have conducted detailed and systematic assessments may be important. Since older individuals typically of these plans. More studies of the costs and benefits have higher costs,factors facing retirees may be par- of wellness programs are needed to convince skepti- ticularly important for plans that pool costs for retirees cal lawmakers of the need to fund innovative wellness and active workers. Retirees face more serious health Programs. Wellness programs are not costless but they concerns and are often taking multiple, expensive can have long-run benefits that make them effective prescription drugs. Wellness programs in the workplace Public policies. might not have a relevant counterpart for retirees,who are not located on-site. While the cost savings associ- References ated with lower medical spending for healthier mem- bers are still important for retirees,improvements in Aldana S. 2001. "Financial impact of health promotion health of retirees do not provide the same productivity programs: a comprehensive review of the literature." gains to employers. Still, studies suggest investing in American Journal of Health Promotion, May-Jun retiree wellness programs is cost effective. For example, 15(5):296-320. Fries et al. (1994) reported results from a randomized Baicker, Katherine, David Cutler and Zirui Song. 2010. controlled trial of a health education program in the "Workplace Wellness Programs Can Generate Savings," California Public Employees Retirement System (Ca1P- Health Affairs, 29:2, pp. 304-311. ERS). The study found that participants had a reduc- tion in health risk,lower medical utilization relative to Berry L.L., A.M. Mirabito, W.B. Baun. 2010. "What's baseline, and a decrease in claims cost growth relative the Hard Return on Employee Wellness Programs?" to the control group. They estimated that annual claims Harvard Business Review, 88(12):104-112. costs were approximately$3.2 to $8.0 million lower Bureau of Labor Statistics. 2012. "How have health due to the program. benefits changed in state and local governments from 1998 to 2011?"Beyond the Numbers:Pay and Benefits, Vol. 1, No. 5. http://www.bls.gov/opub/btn/volume-l/ Discussion and Conclusions how-have-health-benefits-changed-in-state-and-local- governments-from-1998-to-2011.htm, [Accessed July 11, The analysis in this issue brief has shown that many 2012]. states and local governments have adopted various pol- icies to encourage healthy lifestyles for their employees. Center for State and Local Government Excel- These policies include encouraging weight loss through lence. 2009. "A Comprehensive Wellness Program in group programs sponsored by the employer and better Gainesville, Florida,"August 2009. http://slge.org/ Publications/a-comprehensive-wellness-program-in- eating habits and healthier food in employee cafeterias. gainesville-florida, [Accessed July 11,2012]. Regular health exams and physical fitness programs are often components of these programs along with policies Center for State and Local Government Excellence. to encourage employees to stop all tobacco use. 2010. "OK Health, Health Improvement, and Wellness All of these programs can be encouraged by finan- for Oklahoma State Employees."August 2010. http:// vial incentives to change behavior or cash penalties if slge.org/publications/ok-health-health-improvement- the employee does not take advantage of the opportu- and-wellness-for-oklahoma-state-employees, [Accessed nity to change lifestyles. Incentives typically take the July 27,2012]. 10 THE BUSINESS CASE FOR WELLNESS PROGRAMS IN PUBLIC EMPLOYEE HEALTH PLANS Center for State and Local Government Excellence. It So Hard To Prove Value?"American Journal of Health December 2009. "Employee Wellness in the Com- Promotion, Special Issue on the Financial Impact of monwealth of Virginia,"http://slge.org/publications/ Health Promotion Programs, 15(5): 277-280. employee-wellness-in-the-commonwealth-of-virginia, Goetzel, Ron Z., and Ronald J. Ozminkowski. 2008. [Accessed July 27, 2012]. "The Health and Cost Benefits of Work Site Health- Clark, Robert and Melinda Morrill. 2011. "Health Insur- Promotion Programs,"Annual Review of Public Health, ance for Active and Retired State Employees: California, 29: 303-323. North Carolina, and Ohio." Center for State and Local Koh, Howard K., and Kathleen G. Sebelius. 2010. Government Excellence, June 2011. http://sige.org/ "Promoting Prevention through the Affordable Care publications/health-insurance-for-active-and-retired- Act," The New England Journal of Medicine, 363(14): state-employees-california-north-carolina-and-ohio 1296-1299. Clark, Robert,Melinda Morrill, and Stephanie Riche. Linnan, Laura, Mike Bowling, Jennifer Childress, 2011. "Health Insurance for Active and Retired Garry Lindsay, Carter Blakey, Stephanie Pronk, Sharon City Employees: Asheville, Denver, and Oklahoma Wieker and Penelope Royall. 2008. "Results of the 2004 City." Center for State and Local Government Excel- National Worksite Health Promotion Survey,"American lence. September 2011. http://slge.org/wp-content/ Journal of Public Health, August, 09:8,pp. 1503-1509. uploads/2012/01/NC-State-brief_Health-Insurance_ Cities_12-068.pdf National Council of State Legislatures. 2012. "State Employee Health Benefits," http://www.ncsl.org/ Kaufman, Nicole,Kristin Younger, Stephanie David, issues-research/health/state-employee-health-benefits- Christina Hertzog, Orriel Richardson, Jennifer Sheer, ncsl.aspx#wellness, [Accessed July 11, 2012]. Erica Breese, Brittany Plavchak, Chelsi Stevens,Anna Stoto. 2012. "State Employee Health Benefits Cov- Osilla, Karen Chan, Kristin Van Busum, Christopher erage for Weight Loss Interventions," Department Schnyer,Jody Wozar Larkin, Christine Eibner, Soeren of Public Health, George Washington University. Mattke. 2012. "Systematic Review of the Impact of http://www.stopobesityalliance.org/wp-content/ Worksite Wellness Programs,"American Journal of themes/stopobesityalliance/pdfs/State_Employee_ Managed Care, 18(2): e68-e81. Health-Benefits-Plans-Treatment-of-Obesity- U.S. Department of Health and Human Services. 2003. Interventions.pdf, [Accessed July 11, 2012]. "Prevention Makes Common "Cents,"Accessed July 11, Goetzel, Ron Z. 2001. "The Financial Impact of Health 2012. http://www.aspe.hhs.gov/health/prevention/ Promotion and Disease Prevention Programs—Why Is (EXCELLENCE NTER FOR STATE & CAL GOVERNMENT BOARD OF DIRECTORS Robert J.O'Neill,Chair Executive Director, ICMA Joan McCallen,Vice Chair President and Chief Executive Officer, ICMA-RC The Honorable Ralph Becker Mayor,Salt Lake City Donald J. Borut Executive Director, National League of Cities Gall C.Christopher,DN Vice President for Programs,W.K. Kellogg Foundation Gregory J.Dyson Senior Vice President and Chief Operations and Marketing Officer, ICMA-RC Jeffrey L.Esser Executive Director, Government Finance Officers Association Peter A.Harkness Founder and Publisher Emeritus,Governing Magazine William T.Pound Executive Director, National Conference of State Legislatures Raymond C.Scheppach,PhD Professor, University of Virginia Frank Batten School of Leadership and Public Policy; Former Executive Director, National Governors Association SLGE STAFF Elizabeth K. Kellar President and CEO Joshua M. Frenzel,PhD Vice President, Research Amy M. Mayers Communications Manager Bonnie J.Faulk Program Assistant CENTER FOR STATE & LOCAL GOVERNMENT EXCELLENCE Helping state and local governments become knowledgeable and competitive employers About the Center for State and Local Government Excellence The Center for State and Local Government Excellence helps state and local governments become knowledgeable and com- petitive employers so they can attract and retain a talented and committed workforce.The Center identifies best practices and conducts research on competitive employment practices,workforce development, pensions, retiree health security, and financial planning.The Center also brings state and local leaders together with respected researchers and features the latest demographic data on the aging work force,research studies, and news on health care,recruitment, and succession planning on its web site,www.sige.org. The Center's five research priorities are: • Retirement plans and savings • Retiree health care • Financial education for employees • Talent strategies and innovative employment practices • Workforce development 777 N.Capitol Street NE I Suite 500 1 Washington DC 20002-4201 1 202 682 6100 1 info@slge.org 8.3 Attorney - Request to Authorize Mayor to Submit Home Rule Request for Police Officer Retirement System Change - Resolution WHEREAS, the Common Council unanimously passed a resolution on March 4, 2015, authorizing the Mayor to submit a home rule request in support of legislation in the New York State Assembly and New York State Senate that would allow Officer Christopher Cady to change his enrollment in the Police and Fire Retirement System from a Tier 6 member in the Section 384-d Plan, to a Tier 3 member in the Section 384 Plan; and WHEREAS, legislation to permit this change has been subsequently introduced as Assembly Bill A6781 and Senate Bill S4645, and the fiscal note provided by the Retirement System does not impose any cost on the City in connection with this legislation; and WHEREAS, on May 18, 2015, the office of Senator Thomas F. O'Mara requested that Council pass a resolution authorizing the Mayor to submit the home rule request now that the state legislation has been introduced; and WHEREAS, additional background information is contained in the March 4, 2015, resolution; now, therefore be it RESOLVED, That the Mayor is authorized to request that the New York State Assembly and the New York State Senate enact the legislation as previously introduced; and, be it further RESOLVED, That the Mayor or his designee is authorized to sign and submit any documentation or related paperwork that may be required to secure this home rule legislation and allow Officer Cady to change to the Section 384 plan. 8.4 Youth Bureau (Youth Employment Services) — Request to Amend 2015 Youth Bureau Budget - Resolution WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $151,558.74 in new funding for the Tompkins County Summer Youth Employment Services Program; and WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2015 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board: A7310-4820-1200 Youth Development Administration $1,000.00 A7310-4820-1202 Youth Employment Service $142,845.64 A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: A7310-5460-1202 Program Supplies $1,000.00 A7310-5120-1202 Part time/Seasonal $117,838.25 A7310-5125-1202 Overtime $5,000.00 A7310-5425-1202 Office Supplies $1,125.30 A7310-5445-1202 Travel & Mileage $500.00 A7310-5460-1202 Program Supplies $1,532.00 A7310-5120-1400 Part time/Seasonal $849.00 A7310-5405-1400 Telephone $777.00 A7310-5420-1400 Gas & Oil $500.00 A7310-5425-1400 Office Expense $700.00 A7310-5437-1400 Merchant Service $750.00 A7310-5460-1400 Program Supplies $2,090.00 A7310-5476-1401 Equipment Maintenance $401.00 A7310-5480-1401 Building Maintenance $1,507.20 A7310-9030 FICA/Medicaid $9,465.00 A7310-9040 Workers' Compensation $523.99 Total $151,558.74 �0vkb Bu`ep41 Ithaca Youth Bureau o • 1 James L. Gibbs Drive w' a 1 Ithaca, New York 14850 a s Phone: (607) 273-8364 Fax: (607) 273-2817 "Building a foundation for a lifetime." m�tti To: City Administration Committee From: Suki Tabor, Deputy Director Liz Vance, Director Re: Youth Bureau Budget Amendment Date: May 15, 2015 We have been advised,by the Tompkins County Workforce Investment Board that we will receive $151,558.74 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final confirmation, we are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2015 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board Account #A7310-4820-1200 Youth Development Administration $1,000.00 Account #A7310-4820-1202 Youth Employment Service $142,845.64 Account #A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: Account #A 7310-5460-1200 Program Supplies $1,000.00 Account #A 7310-5120-1202 Part time/Seasonal $117,838.25 Account #A 7310-5125-1202 Overtime $5,000.00 Account #A 7310-5425-1202 Office Supplies $1,125.30 Account #A 7310-5445-1202 Travel &Mileage $500.00 Account #A 7310-5460-1202 Program Supplies $1,532.00 Account #A 7310-5120-1400 Part time/Seasonal $849.00 Account #A 7310-5405-1400 Telephone $777.00 Account #A 7310-5420-1400 Gas & Oil $500.00 Account #A 7310-5425-1400 Office Expense $700.00 Account #A 7310-5437-1400 Merchant Service $750.00 Account #A 7310-5460-1400 Program Supplies $2,090.00 Account #A 7310-5476-1401 Equipment Maintenance $401.00 Account #A 7310-5480-1401 Building Maintenance $1,507.20 YES Fringe Benefits $16,850.09 Admin. Fringe Benefits $138.90 Total $151,558.74 Thank you. "An Equal Opportunity Employer with a commitment to workforce diversification." 8.5 Department of Public Works - Request to Amend Roster - Fiscal Manager Position - Resolution WHEREAS, the Department of Public Works is the largest department in the City of Ithaca, with a complex funding and accounting structure including six (6) funds (General Fund, Water Fund, Sewer Fund, Solid Waste Fund, Sidewalk Fund and Stormwater Fund) and 62 separate accounts throughout its four divisions; and WHEREAS, the Department of Public Works receives various revenue streams from Water and Sewer billings, Streets and Facilities billings, Newman Golf Course, and parking revenues, and from outside sources such as the Consolidated Highway Improvement Program (CHIPS); and WHEREAS, the Department of Public Works is currently supported by one Administrative Coordinator, one Financial Clerk, and two Financial Management Assistants, with one open funded position previously held by a recently retired Financial Management Assistant; and WHEREAS, the Superintendent of Public Works has identified the need for developing consistent financial and accounting procedures within its four divisions for matters concerning billing, budget preparation, cost tracking, cost reporting, payroll, and budget planning, and that this consistency can be achieved through a Fiscal Manager position to supervise existing financial and accounting staff; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Fiscal Manager Delete: One (1) Financial Management Assistant And, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. o sr CITY OF ITHACA ,.., 9 108 East Green Street, Ithaca,New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J.Thorne,P.E.,Superintendent PoR4X .. Telephone: 607/274-6531 Fax: 607/274-6587 TO: Common Council Svante Myrick Steve Thayer FROM: Michael J. Thorne, P.E. Superintendent of Public Works DATE: May 20, 2015 RE: Fiscal Manager Position for Department of Public Works Dear Council Members, A recent employee retirement has opened up a Financial Management Assistant position in our Streets and Facilities division. However, due to the complexity of the Department of Public Works organization, its budget, funding sources, revenue sources, and operating accounts, I would like to replace this position with the higher level position of Fiscal Manager. There are several reasons for this request: The DPW has six funding sources to manage: 1) General Fund, 2) Water Fund, 3) Sewer Fund, 4) Solid Waste Fund, 5) Sidewalk Improvement District Funds, and 6) Stormwater Fund. Most of these funds have special accounting requirements, and are intertwined within the 62 operating accounts that DPW manages. Other than myself, there is no single position within the DPW to oversee our entire financial picture. In addition to the funding sources, the Department has various revenue streams and State funding sources that need to be accounted for, including revenue from departmental billings, Golf Course, parking, and CHIPS funding. Because there is not a single point of contact for financial matters in the Department, there is a lack of consistency in how each division (Streets and Facilities, Water and Sewer, Engineering, and Parking)bills work, prepares budgets, tracks budgets and job costs, and collects cost data for future budget planning. Currently, Water and Sewer(W&S) has three employees that work on financial issues: 1 Administrative Coordinator and 2 Financial Management Assistants. Streets and Facilities (S&F) has 1 Financial Clerk and 1 open Financial Management Assistant. Our current proposal would move 1 Financial Management Assistant from W&S to cover the open position in S&F. The Fiscal Manager would then oversee 1 Administrative Coordinator and 1 Financial "An Equal Opportunity Employer with a commitment to workforce diversification." Page 2 May 20,2015 RE: Fiscal Manager Position for DPW Management Assistant in W&S, and 1 Financial Management Assistant and 1 Financial Clerk in S&F. The Fiscal Manager would support the Assistant Superintendents in W&S and S&F, but report directly to the Superintendent of Public Works. Funding for the Fiscal Manager fits into the DPW's current budget. Our recently retired Financial Management Assistant was paid near the top of the pay grade at approximately $45,000. The entry level salary range for a Fiscal Manager is between$43,000 and$48,000. 8.6 Fire Department — Request to Establish Capital Project for Equipment Acquisition - Resolution WHEREAS, the Ithaca Fire Department has applied for and received notice of award of a grant through the U.S. Department of Homeland Security under the 2014 Assistance to Firefighters Grant Program in the amount of $455,000.00; and WHEREAS, the grant requires the City to contribute a local cost of$41,363.00, with the Federal cost share of$413,637.00; and WHEREAS, the grant will provide funding to purchase 65 Self-Contained Breathing Apparatus (SCBA) for the Fire Department; and WHEREAS, the 2015 authorized Fire Department budget included $44,850.00 for the purchase of SCBA and will be used for the local grant match; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #819 Fire Department Equipment Acquisition in the amount of $455,000.00 for the purpose of said SCBA purchase; and, be it further RESOLVED, That the sources of funds for said Capital Project shall be: A3410-5225-12250 Fire Dept. Other Equipment $41,363.00 US Department of Homeland Security Assistance to Fire fighters Grant $413,63.00 $455,000.00 U.S.Department of Homeland Security Washington,D.C.20472 a} s% FEMA W .�.f N, ND Mr. C Thomas Parsons City of Ithaca Fire Department 108 E Green St Ithaca, New York 14850-5614 Re: Award No.EMW-2014-FO-04197 Dear Mr. Parsons: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year(FY) 2014 Assistance to Firefighters Grant has been approved in the amount of $413,637.00. As a condition of this award, you are required to contribute a cost match in the amount of $41,363.00 of non-Federal funds, or 10 percent of the Federal contribution of$413,637.00_ Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the Assistance to Firefighters Grant Programs' a-grant system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Summary Award Memo • Agreement Articles(attached to this Award Letter) • Obligating Document(attached to this Award Letter) • FY 2014 Assistance to Firefighters Grant Funding Opportunity Announcement. Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Prior to requesting Federal funds, all recipients are required to register in the System for Award Management(SAM.gov).As the recipient, you must register and maintain current information in SAM.gov until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that the recipient review and update the information annually after the initial registration, and more frequently for changes in your information. There is no charge to register in SAM.gov. Your registration must be completed on-line at https://www.sam.gov/portal/l)ublic/SAM/. It is your entity's responsibility to have a valid DUNS number at the time of registration. In order to establish acceptance of the award and its terms, please follow these instructions: Step 1: Please go to https://portal.fema.gov to accept or decline your award. This will take you to the Assistance to Firefighters eGrants system_ Enter your User Name and Password as requested on the login screen. Your User Name and Password are the same as those used to complete the application on-line. Once you are in the system, the Status page will be the first screen you see. On the right side of the Status screen, you will see a column entitled Action. In this column, please select the View Award Package from the drop down menu. Click Go to view your award package and indicate your acceptance or declination of award. PLEASE NOTE: your period of performance has begun. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. Step 2: if you accept your award, you will see a link on the left side of the screen that says "Update 1199K in the Action column. Click this link. This link will take you to the SF-1199A, Direct Deposit Sign-up Form. Please complete the SF-1199A on-line if you have not done so already. When you have finished, you must submit the of 23 4/24/2015 11:35 AM Tew Award Package https://eserviers.fenia.gov/FemaFircGrant/firegrant/jsp/Ere—ad, Summary Award Memo SUMMARY OF ASSISTANCE ACTION ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM Application INSTRUMENT: GRANT AGREEMENT NUMBER: EMW-2014-FO-04197 GRANTEE: City of Ithaca Fire Department DUNS NUMBER: 075814608 AMOUNT. $455,000.00, Operations and Safety Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application, and detailed in the project narrative as well as the request details section of the application- including budget information-was consistent with the Assistance to Firefighters Grant program's purpose and worthy of award. The projects approved for funding are indicated by the budget or negotiation comments below. The recipient shall perform the work described in the grant application for the recipient's approved project or projects as itemized in the request details section of the application and further described in the grant application narrative. The content of the approved portions of the application—along with any documents submitted with the recipient's application- are incorporated by reference into the terms of the recipient's award. The recipient may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval, via amendment request, from FEMA. Period of Performance 15-APR-15 to 14-APR-16 Amount Awarded The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this grant (including Federal share plus recipient match): Personnel: $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $455,000.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 :)f23 4/?4/?015 1 1.1'5 AM -'ard Package https://eservices.t6ma.gov/1,emal-ireuranvnregranvjspitire_acmun/aw... State Taxes $0.00 Total $455,000.00 NEGOTIATION COMMENTS IF APPLICABLE(max 4000 characters) The Program Office has made the following reductions to your grant: The approved cost for SCBA is$7,000,not $7,191. Therefore, they have recommended the award at this level: Total budget$455,000 Federal share$413,637 Applicant share$41,363 Any questions pertaining to your award package,please contact your GPD Grants Management Specialist:Nancy Cannon at Nancy.Cannon@dhs.gov. FEMA Officials Program Officer: The Program Specialist is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application.If you have any programmatic questions regarding your grant,please call the AFG Help Desk at 866-274-0960 to be directed to a program specialist. Grants Assistance Officer: The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. The Officer conducts the final business review of all grant awards and permits the obligation of federal funds. If you have any questions regarding your grant please call ASK--GMD at 866-927-5646 to be directed to a Grants Management Specialist. Grants Operations POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this grant award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. ADDITIONAL REQUIREMENTS(IF APPLICABLE) (max 4000 characters) The Program Office has made the following reductions to your grant: The approved cost for SCBA is$7,000,not $7,191. Therefore, they have recommended the award at this level: Total budget$455,000 Federal share$413,637 Applicant share $41,363 Any questions pertaining to your award package,please contact your GPD Grants Management Specialist:Nancy Cannon at Nancy.Cannon@dhs.gov. ,)f23 4/24/2015 11:35 AM /iew Awara racKage rrttps://eservices.tema.gov/pemai ire(-cant/firegranvjsp/lire_admin/ w,.. FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 1 a.AGREEMENT NO. 2.AMENDMENT 3.RECIPIENT NO. 4.TYPE OF 5.CONTROL NO. EMW-2014-FO-04197 NO. 15-6000407 ACTION W494333N 0 AWARD 6,RECIPIENT NAME AND 7.ISSUING OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS ADDRESS Grant Programs Directorate FEMA,Financial Services Branch City of Ithaca Fire 500 C Street,S.W. 500 C Street,S.W.,Room 723 Department Washington DC,20528-7000 Washington DC,20472 310 W Green St POC:Rosalie Vega Ithaca New York,14850-5424 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 6072721234 Catherine Patterson 1-866-274-0960 C Thomas Parsons 11.EFFECTIVE DATE OF 12.METHOD OF 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:15 APR-15 To:14-APR-16 15-APR-15 SF-270 Budget Period From:23-JAN-15 To:30SEP-15 15.DESCRIPTION OF ACTION a.(Indicate funding data forawards orfinancial changes) PROGRAM CFDA NO, ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE NAME (ACCS CODE) TOTAL AWARDED THIS TOTAL ACRONYM xxxx-xxx-xxxxxx- AWARD ACTION AWARD NON- xxxxx-xxxx-xxxx x +OR(-} FEDERAL COMMITMENT AFG 97.044 2015-F4- $0.00 $413,637.00 $413,637.00 $41,363.00 C111-P4310000-4101-D TOTALS $0.00 $413,637.00 $413,637.00 $41,363.00 b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16a.FOR NON-DISASTER PROGRAMS:RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORYOFFICIAL(Name and Tifle) DATE N/A N/A 18.FEMA SIGNATORY OFFICIAL(Name and Title) DATE Rosalie Vega 07-APR-15 of23 4/24/2015 11:35 AM 8.7 Fire Department — Request to Amend 2015 Budget for Donation - Resolution WHEREAS, the Ithaca Fire Department has received an anonymous donation in the amount of $24,000.00 to be used by the department to purchase a Fire Suppression Skid Unit; and WHEREAS, this firefighting vehicle will be used in various aspects of the department's operations and has an estimated cost of $27,000.00; and WHEREAS, the additional funds needed of $3,000.00 will be derived from existing equipment funds in the Fire Department's 2015 authorized operating accounts; now, therefore be it RESOLVED, That Common Council hereby accepts the $24,000.00 anonymous donation and amends the 2015 authorized Fire Department budget for the purchase of said firefighting vehicle as follows: Increase Revenue Account: A3410-2705 Gifts and Donations $24,000.00 Increase Appropriation Account: A3410-5225-12250 Other Equipment $24,000.00 And, be it further RESOLVED, That the additional $3,000.00 needed to purchase the firefighting vehicle shall be derived from existing equipment funds in the Fire Department's 2015 authorized budget; and, be it further RESOLVED, That Common Council hereby gives a heartfelt "Thank You" to the anonymous donor for the funds. CITY OF ITHACA U rr 310 West Green Street Ithaca, New York 14850-5497 y OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 Proposal to Amend the Fire Department Budget: The Ithaca Fire Department is need of a new Fire Suppression Skid Unit, which will replace the portable pump and tank skid unit that members of the department built about 15 years ago. The skid unit is carried inside the body of a four-wheel drive pickup truck. It is used seasonally for grass, brush and forest fires, as well as fires that occur in remote locations not accessible by a larger fire truck. The fire pump used with the current unit is in need of replacement. Also,the water tank used with the current unit is a non-baffled and was not designed to carry water in a mobile application. The unbaffled tank causes the vehicle, which carries the unit, more difficult to drive because of the water movement inside the tank. The department was notified that it will be receiving a private grant in the amount of$24,000. The amount received by the grant in combination with$3000 of reallocated funds from A3410 5225 account will allow the department to purchase a new skid unit in the amount of$27,000. Increase the A3410 5225 program account by$24,000, and increase the revenue account A3410 2705 Gifts and Donations by$24,000. 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning" In Order To Amend The Required Rear Yard Setback In The MH- 1 Zoning District A. Designation of Lead Agency — Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an "Unlisted" Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning District in Order to Reduce the Rear Yard Setback Requirement to 10' and to Eliminate the Requirement that States that No Mobile Home May Locate Within 50' of Any Existing Right of Way or Within 30 Feet of Any Other Property Line. B. Declaration of Environmental Significance — Resolution WHEREAS, The Common Council is considering to amend the MH-1 zoning district in order reduce the rear yard setback requirement to 10' and to eliminate the requirement that states that no mobile home may locate within 50' of any existing right of way or within 30' of any other property line, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated April 22, 2015, and WHEREAS, the proposed action is a "Unlisted" Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated April 22, 2015, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk's Office, and forward the same to any other parties as required by law. C. Adoption of Ordinance WHEREAS, the City of Ithaca has one area zoned for mobile homes, Nate's Floral Estates, located in the Southwest Area of the City, and WHEREAS, the current MH-1 Zoning District restricts mobile home parks from locating any new mobile homes within 50 feet on any existing public way or within 30 feet of any other existing property line, and WHEREAS, when the MH-1 district was established the required setback was intended to create a visual buffer between the commercial property and the mobile home residential area, and WHEREAS, as a part of the approved site plan for Lowe's, Benderson, the property owner, was required to place and maintain a wood fence along the property line between Nates Floral Estate, with an additional 60 foot vegetative storm water retention swale on the commercial side of the fence, and WHEREAS, the vegetated swale and fence create a visual buffer between the commercial property and Nate's, and WHEREAS, increased property taxes, the scarcity of quality affordable housing, and the desire to live in the City, have created a renewed interest and demand for mobile home sites, and WHEREAS, given that physical buffers exist to provide visual protection to the residential area from the commercial district, and given that there is a high demand for additional mobile homes on the one mobile home park in the City, Planning staff has recommended removing the additional setback requirement and reducing the rear yard setback requirement to 10', therefore ORDINANCE NO. BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-8, of the Municipal Code of the City of Ithaca is hereby amended in order to amend the district regulations chart, column 11, yard dimensions, in order to eliminate the front yard setback requirement in the MH-1 district, that states that no mobile home may be located within 50 feet of any existing public right of way or within 30 feet of any other property line; and to amend column 14/15, rear yard setback in order to reduce the required setback from 20% or 25' to 10' in the MH-1 zoning district. Section 2. Severability. 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 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. o4`taKq�: BACK-UP ITEM 9.1 CITY OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) �'�AYO_RA14�1�� = Project Information (to be completed by applicant or project sponsor) 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Amendment to Setback Requirements in MH-1 Zoning District 3. Project Location: MH-1 Zoning District 4. Is Proposed Action: 71 New O Expansion 0 Modification/Alteration 5. Describe project briefly: Proposed amendment is to eliminate the front yard setback requirement in the MH-1 district that states that mobile homes cannot locate within 50 feet of any public right of way or within 30 feet of any other existing property line; and to also reduce the rear and setback to a 10-foot minimum 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): MH-1 Zoning District 7. Amount of Land Affected: Initially: -30 Acres Ultimately: --30 Acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? O Yes 0 No If no, describe briefly: Action is an amendment to the current zoning requirements 9. What is present land use in vicinity of project: ❑ Residential 0 Industrial 71 Agricultural ❑ Parkland/Open Space 0 Commercial O Other Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): 0 Yes O No If yes, list agency name and permit/approval type: Common Council Adoption 11. Does any aspect of the action have a currently valid permit or approval? [] Yes 0 No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? O Yes 2 No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: - DATE: 4/22/15 PREPARER'S TITLE: Senior Planner REPRESENTING: City of Ithaca SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Sta In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Yes No 1. Will project result in a large physical change to the project site or physically alter ❑ X more than one acre of land? 2. Will there be a change to any unique or unusual land form found on the site or to any ❑ X site designated a unique natural area or critical environmental area by a local or state agency? 3. Will the project alter or have any effect on an existing waterway? ❑ X 4. Will the project have an impact on groundwater quality? ❑ X 5. Will the project affect drainage flow on adjacent sites? ❑ X 6. Will the project affect any threatened or endangered plant or animal species? ❑ X 7. Will the project result in an adverse effect on air quality? ❑ X 8. Will the project have an effect on visual character of the community or scenic views ❑ X or vistas known to be important to the community: 9. Will the project adversely impact any site or structure of historic, pre-historic, or ❑ X paleontological importance or any site designated a local landmark or in a landmark district? 10. Will the project have an effect on existing or future recreational opportunities? ❑ X 11. Will the project result in traffic problems or cause a major effect to existing ❑ X transportation systems? 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical ❑ X disturbance as a result of the project's operation during construction or after completion? 13. Will the project have any impact on public health or safety? ❑ X 14. 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Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca, New York 14850 Edward C. Marx,AtCP Telephone(607) 274-5560 Commissioner or Planning Fax(607) 274-5S78 May 7,201 S Jennifer Kuszrtir, Economic Development Planner Department of Planning and Development City of Ithaca 108 Fast Green Street Ithaca,NY 14850 Re: Review Pursuant to §239-1 anti-in of the New pork State General Municipal Law Action: Proposal to Amend Setback Requirements in HH-1 Zoning District Dear Ms. Kusznir: This letter acknowledges your referral of'the proposat identified above for review and comment by the Tompkins County Planning Department pursuant to §239-1 and -:m of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted, and has determined that it has no negative inter- community,or county-wide impacts, Please inform us of your decision so that we can make it a part of the record. Sincerely, i Edward C. Marx, AICP Commissioner of Planning Inclusion through Diversity 9.2 Foreclosure Property: Resolution to Withhold Tax Parcel #110.-5-9, Mulberry Street from Public Auction A. Designation of Lead Agency — Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.4-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.4-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, due to its location within the Six Mile Creek Natural Area and close proximity to Six Mile Creek, action to acquire or sell the Mulberry Street parcel is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #110.-5- 9, Mulberry Street, from the public auction. B. Declaration of Environmental Significance — Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #110.-5-9, Mulberry Street, from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. Tax Foreclosure Property: Resolution to Withhold Tax Parcel #110.-5-9, Mulberry Street from Public Auction WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located within the Six Mile Creek Natural Area, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City's advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #110.-5-9, Mulberry Street, from the auction and retain it for "public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area", and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #110.-5-9, Mulberry Street, from the public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Six Mile Creek Natural Area, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #110.-5-9, Mulberry Street. BACK-UP ITEM 9.2 ,9.3, and 9.4 Natural Areas Commission Recommendation to Withhold Certain Properties Acquired Through Tax Foreclosure from Public Auction (Approved Unanimously on May 5, 2015) WHEREAS, the Natural Areas Commission (NAC) for the City of Ithaca is charged with advising various City entities (including "the appropriate committee of Common Council") of threats to the natural areas of the City, as well as opportunities to improve their protection; and WHEREAS, the NAC is aware that three properties adjacent to designated natural areas in the City are subject to imminent foreclosure for non-payment of taxes: - Tax Parcel 110-5-9 (vacant; entirely surrounded by the Six Mile Creek Natural Area); - Tax Parcel 12-1-1 (vacant; adjacent to Lake Street and the Ithaca Falls Natural Area); and - Tax Parcel 12-1-2 (includes house; adjacent to Lake Street and the Ithaca Falls Natural Area); and WHEREAS, regarding the properties adjacent to the Ithaca Falls Natural Area, the NAC has concerns based on the following: 1. Ithaca Falls is the City's iconic front door- a premier natural attraction and a perennial favorite destination for neighbors, other local residents, visitors and tourists. 2. The City is in process of undertaking enhancements intended to improve the accessibility and functionality of the Lake Street entrance to the Ithaca Falls area. Proposed work includes adding a concrete walkway and falls overlook, installing metal guardrails behind the existing stone retaining wall, installing a movable gate to discourage access to the Falls itself during times when it could be unsafe, replacing the existing bike racks, adding an accessible curb ramp, improving the landscaping, and other site improvements. In order to secure this investment, the immediately surrounding and visible land should be protected, including the viewshed of the Falls overlook. 3. The City, Tompkins County and New York State have all recognized the value, importance and ecological sensitivity of Ithaca Falls and the broader Fall Creek corridor, by supporting designation of the corridor as a Recreational River, by designating much of the corridor as a Unique Natural Area, and, in the City's case, by purchasing or otherwise acquiring a number of properties within the corridor, including the dramatic overlook area to be created on the "island" between Fall Creek and the former raceway, on the former Ithaca Gun site. In addition, The 2020 Tompkins County Strategic Tourism Plan emphasizes the key role that local gorges, creeks and waterfalls play in bolstering the local tourism economy. 4. The City's draft, new Comprehensive Plan calls for the entire Ithaca Falls/Recreational River area — including both parcels in question - to be part of a new, Conservation District for environmentally sensitive areas. [Page 17] The draft Plan calls for gorges throughout the City to be protected "to ensure their continuation as critical natural assets for current and future use," for steep slopes (which are a prominent feature of Parcel 12-1-1) to be preserved to protect environmentally sensitive areas and to enhance the character and aesthetics of the city," and for "opportunities for additional green space [in the City] to be strategically considered." [Page 54] 5. The two tax-delinquent parcels in question are both within the designated Recreational River corridor for Fall Creek; Parcel 12-1-1 is within the Unique Natural Area. 6. The City has not fulfilled its obligation to produce and adopt a management plan for the Fall Creek Recreational River corridor, as required by the Department of Environmental Conservation (DEC). 7. Since the Recreational River designation of Fall Creek appears to be unique - with responsibility for administration of the designated area being delegated to the City (rather than the DEC, as is typical), and in the absence of a management plan, it is not clear whether the regulations to be enforced for the corridor are the same as those used by the DEC. Even if the DEC's regulations are applicable, an area-type variance, and/or a use-type variance, from those regulations, could be granted by the City's Planning and Development Board. 8. The NAC is concerned that inappropriate new development that would have a negative impact on the beauty and character of the resource could occur on one or both parcels. It seems likely that a new buyer would wish to redevelop the properties, in a more intensive way (e.g., consistent with their current zoning as R- 3b). 9. The NAC believes that the existing, one-bedroom house at 410 Lake Street, while of relatively modest size, already detracts from the beauty and character of the Ithaca Falls Natural Area, by inserting a highly visible, inconsistent, non-natural element into the otherwise spectacular viewshed (from Lake Street, from the entrance area of the Natural Area, and from vantage points and overlooks upstream, including the one to be developed by the City at the "island" site). 10. Assuming that the properties are not redeemed prior to foreclosure, this situation presents a unique and historic opportunity for the City to gain proactive control over the future of these parcels (and the character and potential of the Ithaca Falls area, for the benefit of future generations), at a fraction of the parcels' value. 11. Allowing one or both of the Fall Creek parcels to be auctioned to the highest bidder at the 2015 tax auction (tentatively scheduled for June) effectively eliminates the option of having no building on these parcels, and does not provide adequate time for either the public to learn about and offer informed feedback on this important issue, or for Common Council and the City to study and consider carefully the situation, and to evaluate the options and their long-term implications. 12. The high cultural, economic, natural area value, and sensitive location of these parcels signifies the importance of this land and warrants designation as parkland, with the overlay of natural area designation. It is clear from the Recreational River Designation that the City has recognized the importance of this land. Parkland designation offers the most protective, long-term approach to maintaining the natural character of a resource as it cannot be "alienated" (i.e., used for or converted to non- park purposes) without an act of the State legislature. A natural area designation is not as protective and can be changed or revoked at any time by Common Council, with no requirement for replacement. and WHEREAS, in preliminary discussions, the County has indicated it may agree to forego taxes due on these parcels if retained by the City for public use, in the total amount of$2,696. (12.-1-1 (vacant) - $900.07; 12.-1-2, (house) - $1,795.94); and WHEREAS, the NAC offers to work with the City to try to find other, creative ways to reduce potential costs associated with City ownership of the properties; NOW THEREFORE, the Natural Areas Commission strongly urges the Planning and Economic Development Committee and the Common Council to take the following steps, as to the three, afore-mentioned properties: 1. Withhold all three properties from the upcoming tax auction. 2. Retain Parcel 110-5-9 for public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area. 3. Retain Parcel 12-1-1 for public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area. 4. As for Parcel 12-1-2 (which includes the house at 410 Lake Street), use the period up until the 2016 tax auction to gather public input and to study and consider the City's options for this property, including parkland designation and/or inclusion in the Ithaca Falls Natural Area. 0 CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAT) Purpose: This Full Environmental Assessment Dorm (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer, FrNuently, there are aspects of a proposed action that are subjective or imineasurable. It is also understood those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FFAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action, FEAF Components: Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the Impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE 1 AND UNLISTEi)ACTIONS Identify the portions of FEAF completed for this action: ®Part 1 Part 2 7Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3, if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that. ®A. The Proposed Action will not result in any large and important impact(s)and will not have a.significant impact on the environment;therefore, A NEGATIVE,DECLARATION WILL BE PREPARED. F�B. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action,because the mitigation measures described in PART 3 have been rewired,therefore.A CONDITIONED NEGATIVE DECLARATiON WILL BE PREPARED. QC. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED. *A Conditioned Negative Declaration is only valid for Untisled Actions. Name of Action: Withhold Tax Parcel 110.-S-9, Mulberry Street, from Public Auction Name of Lead Agency: City of Ithaca Common Council Name and Title or Responsible Officer in Lead Agency: Nels Kohn IURA Director of CD Signature of Responsible Officer in Lead Agency: Signature of Preparer: -- bate: May i, 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FART I—PROJECT INFORMATION (prepared by project sponsor/applicant) NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the FEAF will depend on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Withhold Tax Parcel#110.-5-9, Mulberry Street, from Public Auction Location of Action: Tax Parcel #110.-5 9, Mulberry Street Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 Name of Owner(if different): Same Address: City/TownNillage: State: ZIP: Business Phone: 2 Description of Action: City is considering retention of the following parcels scheduled to be acquired through 2015 foreclosure proceedings for nonpayment of taxes and fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.7-9 #12.-1-2 401 Lake St. vacant single Z400 $110,000 $18,382.28 family dwelling Tax Parcel #110.-5-9, Mulberry Street is proposed to be withheld from the public auction and designated for inclusion in the Six Mile Creek Natural Area. 3 Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban 0 Industrial Commercial 0 Public FK—]I Forest Agricultural a Other: 2. Total area of project area: acres 5,000 square feet (Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently [After Completion 11 2a. Meadow or Brushland (non-agricultural) 2b.Forested F 5,000 5,000 2e. Agricultural 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] 2e. Water Surface Area 2f. Public 2g. Water Surface Area 2h.Unvegetated (rock, earth, or fill) 2i. Roads, buildings, and other paved surfaces 2j. Other (indicate type) --I 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Unmapped 3b. Soil Drainage: Well-Drained % of Site Moderately Well-Drained 100 % of Site Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? Yes ONo L]N/A 4b. What is depth of bedrock? <1 (feet) 4c. What is depth to the water table? 3+ (feet) 5. Approximate percentage of proposed project site K 0-10% 30 % X 10-15% 70 % with slopes: 15% or greater % 6a. Is project substantially contiguous to, or does it Yes ?C o /A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? r�_, local Or a designated local landmark or located in a DYes %]No L]N/A landmark district? 7. Do hunting and/or fishing opportunities currently exist in the project area? OYes �io �N/A If yes, identify each species: Six Mile Creek 4 SITE DESCRIPTION concluded 8. Does project site contain any species of plant ❑Yes ®No LJN/A and/or animal life identified as threatened or endangered? According to: UNA-156 Identify each species: 9. Are there any unique or unusual landforms on the ®Yes ❑No []N/A s __ project site(i.e., cliffs, other geological formations)? Describe: Six Mile Creek corridor 10. Is project site currently used by the community or ❑Yes [KNo []N/A neighborhood as an open space or recreation If yes, explain: area? 11. Does present site offer or include scenic views ®Yes []No �[JN/A g known to be important to the community? Describe: Six Mile Creek Natural Area 12. Is project within or contiguous to a site Yes L]No []N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: Parcel is located within UNA-156—Six agency? Mile Creek Valley. 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s)to which it is a tributary: Fall Creek 14. Lakes,ponds, or wetland areas within or a. Name(s): NA contiguous to project area: 1b. Size(s) (in acres): 15. Has site been used for land disposal of solid QYes [KNo L]NUA and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? Yes 0 No ON/A a. If Yes, does sufficient capacity exist to allow connection? ®Yes ONo []N/A b. If Yes, will improvements be necessary to ❑Yes ONo QN/A allow connection? 5 B. PROJECT DESCRIPTION FL-Physical dimensions and scale of project(fill in dimensions as appropriate): acquisition of vacant land la. Total contiguous area owned by project sponsor in acres: or square feet: _5,000 SF lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 lc. Project acreage to remain undeveloped: 5,000 SF Id.Length of project in miles (if appropriate): NA or feet: le. If project is an expansion, indicate percent of change proposed: NA If. Number of off-street parking spaces existing: 0 proposed: 0 Lr.—Maximum vehicular trips generated (upon completion of project)per day: NA and per hour: lh.Height of tallest proposed structure in feet. 0 lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 0 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 rSpecify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project? No 5. Are there any plans for re-vegetation to replace vegetation removed during construction? No 6. If single-phase project, anticipated period of construction: NA months (including demolition) 7. If multi-phased project, anticipated period of construction: months (including demolition) 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: July month 2015 year(including demolition) 7c. Approximate completion date of final phase: July month 2015 year. 7d.Is phase one financially dependent on subsequent phases? Yes ❑No �t /A 8. Will blasting occur during construction? ❑Yes ®No�/A If yes, explain: 19. Number of jobs generated during construction: 0 After project is completed: 0 10.Number of jobs eliminated by this project: 0 Explain: 11. Will project require relocation of any projects or facilities?❑Yes �o❑N/A If yes, explain: 112a. Is surface or subsurface liquid waste disposal involved?❑Yes �o ON/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? 13. Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal? ❑Yes X— o M/A If yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year flood plain?❑Yes Wo E N/A 6 PROJECT DESCRIPTION concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creels, Cayuga Lake, Six Mile Cree or Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 of the ECL? [3Yes �o [3N/A; F4d. If 414a., b., or c. is yes, explain: Parcel is located within the Six Mile Creek Natural Area 15a. Does project involve disposal of solid waste? OYes �o /A 1-15-b. If#15a. is yes, will an existing solid waste disposal facility be used? Mes ONo /A 115c. If#15b. is yes, give name of disposal facility: and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? ❑Yes 2 o ON/A If yes, explain: 15e. Will any solid waste be disposed of on site? Yes ❑% No [3N/A If yes, explain: 16. Will project use herbicides or pesticides? OYes �o M/A If yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? ®Yes �o ON/A; if yes, explain: 18. Will project produce odors? ©Yes �o M/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ■Yes �o M/A After construction?OYes E o ON/A 20. Will project result in an increase of energy use?OYes �o M/A If yes, indicate type(s): Fl. Total anticipated water usage per day in gals./day: 0 Source of water: 7 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? ❑Yes �o ❑N/A If yes, indicate the decision required: Zoning Amendment ❑Zoning Variance ❑New/Revision of Master Plan ❑ Subdivision ❑ Site Plan ❑ Special Use Permit FC-J]Resource Management Plan ❑Other: 2. What is the current zoning classification of site? P-1 3. If the site is developed as permitted by the rn esent zoning, what is the maximum potential development? Municipal buildings and facilities; residential development is not permitted in the P-1 district. [4, Is proposed use consistent with present zoning? WYes ONO ❑N/A 5. If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NA 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? Yes ONO EC /A If no, explain: 8. What is the dominant land use and zoning classification within a I/4 mile radius of the project? (e.g., R-la or R-lb) P-1. 9. Is the proposed action compatible with adjacent land uses? M% Yes ®No [O]N/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? NA 10b. What is the minimum lot size proposed? NA 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education,police, fire protection, etc.)? ®Yes ❑% No M/A Explain: If yes, is existing capacity sufficient to handle projected demand? ❑Yes ONO ❑N/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? ®Yes ONO /A If yes, is existing road network adequate to handle additional traffic? ❑Yes Mo ❑JN/A Explain: 8 D. APPROVALS 1. Approvals: Common Council approval required to withhold tax-foreclosed property from sale at public auction 2a. _ Is any Federal permit required? ❑Yes �o /A Specify: 2b. Does project involve State or Federal funding or financing? Yes M o /A If Yes, Specify: 2e. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council Yes Authorize retention 4/15 6/15 Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation Commission (ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 9 E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal,please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Nels Bohn Signature: Title: IURA Director of Community Development YYYYXY�C'YY�C'XYYYXXY END OF PART RT I 7CYXYYXXXXXXYXXXXX 10 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ❑ No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ® No A 10% increase or decrease in surface area of any body of ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ El ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ® No Project would impede floodwater flows. ❑ ❑ ❑ Yes ❑ No Project is likely to cause substantial erosion. ❑ ❑ ❑ Yes ❑ No Project is incompatible with existing drainage patterns. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ❑ No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ❑ No Reduction of any species, listed on New York or Federal list, ❑ ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year El ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any El ❑ ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/2 acre of El ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑ Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ El ❑ Yes ❑ No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? [:] Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located El ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes ❑ No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ❑ Yes ❑ No The permanent foreclosure of a future recreational ❑ ❑ Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): Proposed public ownership of this parcel will protect the natural area and expand recreational opportunities. ® ❑ ® Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑ Yes ❑ No Proposed action to locate within a UNA or CEA? ® ❑ ® Yes ❑ No Proposed action will result in reduction in the quality of the ❑ ❑ ❑ Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the resource. Proposed public ownership of this parcel included in ® ❑ ® Yes ❑ No UNA-156, Six Mile Creek Valley, will positively impact and protect the UNA and expand opportunities for enjoyment of the resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ❑ No Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? ❑ Yes ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ❑ No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ ❑ Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ ❑ Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ Yes ❑ No more businesses. 10 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — 11 of 11 5/8/2015 Tompkins County Property Viewer 209 207 109-111 1104-06 211-13 88.-2-3 88. 2 4 88.-2-7.2 I' 111. 1 1 107 88.-2-2 ''"" .-Y-:---.-.�-----~ - 1025-27 r ~~ 1108-10 111 ~ f 504-08 88. 2-7.12 111.-1-2 111.-2-2 _a Legend 8 8.-2 16 9 107 10 88.-2-7.12 ` 119 4 - Address .................................. :..--:.-..-..-.- Ill.-2-3 _ 110-1-2 ", curbs Parcels 108 710 ... -.. Ill.-1-5 - - ~ 110.-1,.10 110.-2-4 11 41 Hydrology _ 15 Tax Map 1107 Intermittent Streams 202~ a• Perennial Streams 110.-16 110.-3-4 1109 - Muni �~ Citations 111 i ations 806 110.-3-5 p ` 705 _ 110.-5-2.2 x 210 - �r 10. 906 .- 110.-4-2 '{ �- 501 03 � ., 912 1005 o 109.-2 2 110.-4-4 111.-10-6 : 310 501-03 1001 1215 109.-1 3 109.-2-2 111.-9-1 111.-9-6 1105 110.-5-9 �I Ill.-9-3 1303-05 I . 111.-9-9.2 1529 1529 F: 5 s 55.-1-1 55.-1-1 - 1:2,257 58.-1-6.2 " 376.2 0 188.08 376.2 Feet ;j Notes This map was automatically generated WGS_1984_Web-Mercator_Auxiliary_Sphere using Geocortex Essentials.Your tax ©Tompkins County GIS Map is user generated and is to be used as a reference only.Data layers are not guranteed to be accurate or up-to-date. DO NOT USE FOR CONVEYANCE OR NAVIGATION dollars at work! 9.3 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1, 401 Lake Street from Public Auction — Action — Resolution A. Designation of Lead Agency — Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, action to acquire or sell #12.-1-1 is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #12.-1-1, Lake Street, from the public auction. B. Declaration of Environmental Significance — Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #12.-1-1, Lake Street, from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1 from Public Auction - Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City's advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #12.-1-1 from the auction and retain it for "public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area", and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #12.-1-1, Lake Street, from the public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-1, Lake Street. 0 CITE' OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This Full Environmental Assessment Form(FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who determine significance may have little or no formal knowledge of the environment or may not be aware or the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. FEAF Components.- Part I: Provides objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Fart 2: Focuses on identifying the range of possible impacts that may occur ftom a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE,ONLY DETERMINATION OF SIGNIFICANCE,--TYPE i AND UNLISTED ACTIONS Identify the portions of FEAF completed for this action: Part 1 F73CPart 2 ❑Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3, if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that: [FA. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. OB. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action,because the mitigation measures described in PART 3 have been required;therefore,A W CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. LJC. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment; therefore,A POSITIVE DECLARATION WILL BE PREPARED. R Conditioned Negative Declaration is only valid far Unlisted Actions. Name of Action: Withholding Tax Parcel 12.4-1, Lake Street from Public Auction Name of Lead Agency:- City of Ithaca Common Council Nance and Title of Responsible Officer in Lead Agency: Nels Rohn, IURA Director of CD Signature of Responsible 0— r in Lead Agency: _ Signature of Preparer: t f . Date: May 7, 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION (prepared by project sponsor/applicant) NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire farm, Parts A through E. Answers to these questions will be considered part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the FEAF will depend on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. [Name of Action: Withhold Tax Parcel 12.4-1, Lake Street,from Public Auction Location of Action: Tax Parcel #12. 1 9, Lake Street Name of Applicant/Sponsor: City of Ithaca Address: 148 E. Green Street City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: (607) 274-6550 Name of Owner (if different): Same Address: City/Town/Village: State: ZIP: iF—Business Phone: 2 Description of Action: City is considering retention of the following parcels scheduled to be acquired through 2015 foreclosure proceedings for nonpayment of taxes and fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) Value of 4130115 #110.-5-9 Mulberry St. vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling Tax Parcel #12.-1-1 is proposed to be withheld from the public auction and designated for inclusion in the Ithaca Falls Natural Area. 3 Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: Urban Industrial Commercial Public Forest ®Agricultural [] Other: 2. Total area of project area: acres 28,000 square feet (Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b.Forested �28,000 28,000 2e. Agricultural 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)l 2e. Water Surface Area -�� 2f. Public 2g. Water Surface Area 2h.Unvegetated (rock, earth, or fill) 2i. Roads, buildings, and other paved surfaces m� 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Unmapped 3b. Soil Drainage: El Well-Drained % of Site . Moderately Well-Drained 100 % of Site Poorly Drained %of Site 4a. Are there bedrock outcroppings on project site? DYes [:]No [:]N/A 4b. What is depth of bedrock? <1 (feet) 4c. What is depth to the water table? 3+ (feet) 5. Approximate percentage of proposed project site K 0-10% 10 % X 10-15% 50 % 4 with slopes: L#J 15% or greater 40 % 6a. Is project substantially contiguous to, or does it Yes XC o /A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? 6b. ...Or a designated local landmark or located in a ❑Yes [k]No []N/A landmark district? 7. Do hunting and/or fishing opportunities currently exist in the project area? DYes �10 �N/A If yes, identify each species: Fall Creek 4 SITE DESCRIPTION concluded 8. Does project site contain any species of plant DYes []No ❑N/A Unknown and/or animal life identified as threatened or endangered? According to: UNA-134 Identify each species: Canadian Primrose, Bird's Eye Primrose 9. Are there any unique or unusual landforms on the % Yes ❑No ❑N/A { project site (i.e., cliffs, other geological formations)? Describe: Fall Creek Gorge cliffs overlooking Ithaca Falls, Recreational River corridor 10. Is project site currently used by the community or ❑yes FX-]No ❑N/A neighborhood as an open space or recreation If yes, explain: area? 11. Does present site offer or include scenic views ❑%yes ❑No ❑N/A known to be important to the community? Describe: High Quality Views of Ithaca Falls 12. Is project within or contiguous to a site Yes ❑No ❑N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: Lake St. Parcel#12.-1-1 is located within agency? UNA-134- Fall Creek Gorge, Ithaca Falls. 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s) to which it is a tributary: Fall Creek 14. Lakes, ponds, or wetland areas within or a. Name(s): NA contiguous to project area: 1b. Size(s) (in acres): 15. Has site been used for land disposal of solid ❑yes [X]No ❑N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? DYes ❑No ❑N/A a. If Yes, does sufficient capacity exist to allow connection? DYes QNo []N/A b. If Yes, will improvements be necessary to ❑yes ONo ❑N/A allow connection? 5 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate): acquisition of vacant land Fla. Total contiguous area owned by project sponsor in acres: or square feet: _28,000 SF lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 lc. Project acreage to remain undeveloped: 28,000 SF ld.Length of project in miles (if appropriate): NA or feet: le. If project is an expansion, indicate percent of change proposed: NA lf. Number of off-street parking spaces existing: 0 proposed: 0 lg. Maximum vehicular trips generated (upon completion of project)per day: NA and per hour: lh.Height of tallest proposed structure in feet. 0 lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 0 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 3. Specify what type aof vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project? No 5. Are there any plans for re-vegetation to replace vegetation removed during construction? No 6. If single-phase project, anticipated period of construction: NA months (including demolition) 7. If multi-phased project, anticipated period of construction: months (including demolition) 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: July month 2015 year(including demolition) 7c. Approximate completion date of final phase: July month 2015 year. 7d.Is phase one financially dependent on subsequent phases? ❑Yes ❑No E /A 8. Will blasting occur during construction? Yes ❑No�/A If yes, explain: 9. Number of jobs generated during construction: 0 After project is completed: 0 10.Number of jobs eliminated by this project: 0 Explain: Ill. Will project require relocation of any projects or facilities?[3Yes �o❑ /A If yes, explain: F12a. Is surface or subsurface liquid waste disposal involved?❑Yes �o❑N/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal,where specifically will effluent be discharged? 13. Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal? ®Yes �o M/A If yes, explain: ffplain? Willproject or any portion of project occur wholly or partially within or contiguous to the 100-year floo MYes©No❑N/A Site is located adjacent to a floodway, but site is not in a flood zone 6 PROJECT DESCRIPTION concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Cree , Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 of the ECL? ElYes MNo ON/A; 14d. If#14a., b., or c. is yes, explain: lake St. parcel is located adjacent to Fall Creek 15a. Does project involve disposal of solid waste? UYes �o /A 115b. If#15a. is yes, will an existing solid waste disposal facility be used? OYes ONo 0�1/A 115c. If#15b. is yes, give name of disposal facility: and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? ❑Yes �o ON/A If yes, explain: 15e. Will any solid waste be disposed of on site? FED Yes �o M/A If yes, explain: 16. Will project use herbicides or pesticides? Yes �o J3N/A If yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? ®Yes %MNo M/A; if yes, explain: 18. Will project produce odors? [3Yes K o M/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? ❑Yes — o M/A After construction? OYes 2 o ON/A 20. Will project result in an increase of energy use?OYes �o M/A If yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: 0 Source of water: 7 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? ❑Yes �o M/A If yes, indicate the decision required: Zoning Amendment FO—]Zoning Variance ❑New/Revision of Master Plan ❑ Subdivision Site Plan ❑ Special Use Permit Resource Management Plan ❑Other: 2. What is the current zoning classification of site? R-3b &with Recreational River Overlay; 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek. No portion of the parcel is greater than 150 feet from Fall Creek,therefore no new residential development is permitted on parcel #12.4-1. 4. Is proposed use consistent with present zoning? 2 Yes ❑No ❑N/A 5. If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NA rIs the proposed action consistent with the recommended uses in adopted local land-use plans? ❑Yes ❑No a/A If no, explain: 8. What is the dominant land use and zoning classification within a 1/4 mile radius of the project? (e.g., R-la or R-lb) R-3b and P-1. In addition, Recreational River Corridor overlay regulations extend along the Fall Creek corridor. 9. Is the proposed action compatible with adjacent land uses? MYes ❑No /A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? NA 10b. What is the minimum lot size proposed? NA 11. Will the proposed action create a demand for any community-provided services? (e.g.,recreation, education,police, fire protection, etc.)? Yes �o ❑N/A Explain: If yes, is existing capacity sufficient to handle projected demand? ❑Yes ❑No ❑N/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes �o ❑N/A If yes, is existing road network adequate to handle additional traffic? LOYes ❑ o ❑N/A Explain: s i A APPROVALS 1. Approvals: Common Council proval required to withhold tax-foreclosed property from sale at public auction 2a. Is any Federal permit required? OYes �o M/A Specify: b. Does project involve State or Federal funding or financing?oYes W�o F[-]]N/A If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date hate Common Council Yes Authorize retention 4/15 6/15 Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation Commission (ILPC) Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 9 E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal,please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Nels Bohn Signature: Title: IURA Director of Community Development YXXXYXYKYY�CX�C�C K�C�C END OF PART I XXYX�CXYKXXYX?�C K?�CXX 10 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ ❑ Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ ❑ Yes ❑ No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ Yes ❑ No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ Yes ❑ No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ ❑ Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ❑ No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ ❑ Yes ❑ No Dredging more than 100 cubic yards of material from channel ❑ ❑ Yes ❑ No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ® No A 10% increase or decrease in surface area of any body of ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ Yes ❑ No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 2of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ ❑ Yes ❑ No Project requires use of source of water that does not have ❑ ❑ Yes ❑ No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ Yes ❑ No public water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ No Liquid effluent will be conveyed off the site to facilities which ❑ El ❑ Yes ❑ No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ Yes ❑ No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ ❑ Yes ❑ No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ® No Project would impede floodwater flows. ❑ ❑ ❑ Yes ❑ No Project is likely to cause substantial erosion. ❑ ❑ ❑ Yes ❑ No Project is incompatible with existing drainage patterns. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ❑ No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ Yes ❑ No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ Yes ❑ No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ ❑ Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 4of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ❑ No Reduction of any species, listed on New York or Federal list, ❑ ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year El ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any El ❑ ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/2 acre of El ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 5of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑ Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ ❑ Yes ❑ No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ Yes ❑ No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ El ❑ Yes ❑ No of scenic views known to be important to the area. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? [:] Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ ❑ Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located El ❑ Yes ❑ No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes ❑ No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ❑ Yes ❑ No The permanent foreclosure of a future recreational ❑ ❑ Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): Proposed public ownership of this parcel will protect the natural area and expand recreational opportunities. ® ❑ ® Yes ❑ No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑ Yes ❑ No Proposed action to locate within a UNA or CEA? ® ❑ ® Yes ❑ No Proposed action will result in reduction in the quality of the ❑ ❑ ❑ Yes ❑ No resource. Proposed action will impact use, function, or enjoyment of the resource. Proposed public ownership of this parcel included in ® ❑ ® Yes ❑ No UNA-134, Ithaca Falls Gorge, will positively impact and protect the UNA and expand opportunities for enjoyment of the resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ❑ No Alteration of present patterns of movement of people and/or ❑ ❑ ❑ Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ® No Proposed action causing greater than 5% increase in any ❑ ❑ ❑ Yes ❑ No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ ❑ Yes ❑ No or two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 8of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? ❑ Yes ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ Yes ❑ No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ ❑ Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as ❑ ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ❑ No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ ❑ Yes ❑ No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ ❑ Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ ❑ Yes ❑ No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ Yes ❑ No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ ❑ Yes ❑ No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ ❑ Yes ❑ No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes ❑ No goals. Proposed action will cause a change in the density of land ❑ ❑ ❑ Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ Yes ❑ No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ Yes ❑ No more businesses. 10 of 11 5/8/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — 11 of 11 5/8/2015 City of Ithaca, NY 2014 CLIFFSVE TERRACE y LEGEND A PITS-A&B HACA HIGH CLIFF51[:,,T:P.RACE �I R-2a ❑ Tax Parcels SCH0€�L qp 5_i � — Primary Commons Zone Secondary Commons Zon( - ❑ Historic District P-1 ❑ Zoning District R-3�k) Certificate of AppropriatenE Buildings + Railroad Parcel Border Parcels Scheduled for ax waterway Park 401 P-1 0 02 504' 312Ri -;316 318 322 324 326 508310 ��- Ithaca Fall3 NaturalArea F FALLS ST P-1 300 30973137317 I 321 LM 305 I -- U09 7 303 5 L 3 — rn i R I h r - I I FALL CRE It 4121 30 2_a LI S 414 402 I 410 I 418418 302 I _ 408 �Printed: 4/6/2015 http://geo.tompkins-co.org/SL/Viewer.html? 1-1,493 171.08 Feet Viewer=cityproperties Data contained on this map was provided or derived from data developed or 401 Lake Street compiled by the City of Ithaca,and is the best available to date. The originators do not warrant the accuracy or completeness of the information portrayed by the data. 9.4 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-2, 401 Lake Street from Public Auction — Action - Resolution A. Designation of Lead Agency — Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, the proposed sale of 401 Lake Street is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review; and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law; and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action; and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of 401 Lake Street, #12.-1-2, from the public auction. B. Declaration of Environmental Significance — Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1, Part 2 and Part 3, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of 401 Lake Street (#12.-1-2) from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. Tax Foreclosure Property, Withhold 401 Lake Street from Public Auction - Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Assesse Total Due Size d Value as of (sq. ft.) 4130115 #110.-5-9 Mulberry Vacant 5,000 $2,000 $1,101.92 St. #12.-1-1 Lake St. Vacant 28,000 $55,800 $6,991.79 #12.-1-2 401 Lake vacant single 2,400 $110,000 $18,382.28 St. family dwelling and, WHEREAS, 401 Lake Street (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, 410 Lake Street is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek for parcels located within the Recreational River boundary area, effectively prohibiting new residential construction on the parcel, and WHEREAS, Recreation River regulations authorize rehabilitation, restoration, replacement or reconstruction of lawfully existing residential structures and expansion of up to 500 square feet of such residential structures, and WHEREAS, the vacant, boarded-up, single family dwelling at 401 Lake Street is a lawfully existing residence, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, should the City retain 401 Lake Street it will forego approximately $18,000 in taxes due, incur an additional $5,400 in future taxes due until tax-exempt status is established, and need to make decisions about the future of the vacant residence, and WHEREAS, to return the site to a natural character would require demolition, clearance and site restoration at an estimated cost of up to $40,000, depending on the presence of asbestos, and WHEREAS, the Natural Areas Commission (NAC) is the City's advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends withholding 401 Lake Street from the tax auction and "use the period up until the 2016 tax auction to gather public input and to study and consider the City's options for this property, including parkland designation and inclusion in the Ithaca Falls Natural Area", and WHEREAS, the decision to retain or sell this parcel sets public objectives to maximize tax collection, expand the property tax base and increase housing choices against competing objectives to protect the integrity of a Natural Area and support the tourism industry, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby directs the City Chamberlain to withhold property located at 401 Lake Street, tax map parcel #12.-1-2, from public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That staff is directed to begin the process to consider rezoning the parcel to a P-1 zoning district, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-2, 401 Lake Street. i q �„� CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This Full Environmental Assessment Form(FEAF) is designed to help applicants and agencies determine, in an orderly manner,whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. frequently, there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been orderly,comprehensive in nature,yet flexible enough to allow introduction of information to tit a project or action. FEAF Components: Part 1: Provides objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Pail 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I AND UNLISTED ACTIONS Identify the portions of FEAF completed for this action: Wart I Part 2 ®Part 3 Upon review of the information recorded on this FEAF(Parts,2,and 3,if appropriate),and any other supporting information,and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that; ®A. The Proposed Action will not result in any Iarge and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL HE PREPARED. F-113. Although the proposed action could have a significant impact on the environment,there will not be a significant effect for this Unlisted Action,because the mitigation measures described in PART 3 have been required;therefore,A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. QC. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment;therefore,A POSITIVE[DECLARATION WILL BE PREPARED. A Conditioned Negative Declaration is only valid.for Unlisted AcYlons. Name of Action: Se4Withhuld tax map parcel#12.-1-2 401 Lake Street atfrom Public Auction Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in bead Agency: Nels Bohn, IIJRA Director of CD Signature of Responsible Of icer in Lead Ag ney- Signature of Preparers f Date; May 7 2015 reprised May 18 2015 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) FART I---PROJECT INFORMATION (prepared by project sponsor/applicant) NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Pants A through E. Answers to these questions will be considered part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the FEAT will depend on information currently available and will not involve new studies, research, or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: ""Withhold tax map parcel#12.-1-2,401 Lake Street atfrom Public Auction Location of Action: Tax Map#12.-1-2,401 Lake Street Name of Applicant/Sponsor: City of Ithaca Address: 108 E. Green Street E--city/Town/Village: Ithaca State: IVY ZIP: 14850 Business Phone: (607) 274-6550 Name of fawner(if different): Same Address: City/Town/Village: State: ZIP: Business Phone: 2 Description of Action: City is considering retention of the following parcels scheduled to be acquired through 2015 foreclosure proceedings for nonpayment of taxes and fees: Tax Map Address Use Approx. Size Assessed Total Due as (sq.ft.) value of 4130115 #110.-5-9 Mulberry 5t. vacant 5,000 $2,000 $1,10.1,92 #12.-1-1 Lake St. vacant 28,000 $55,800 $6,991.79 ##12.-1-2 401 Lake St. vacant single 2,400 $110,000 $18,382.28 family dwelling Per City policy,tax foreclosed properties are sold via public auction unless the Common Council directs staff to follow a different course of action. Tax map parcel 412.-1-2, 401 Lalce Street is proposed to be withheld from for public auction and designated for inclusion in the Ithaca Falls Natural Area. 3 Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overall project,both developed and undeveloped areas. 1. Present Land Use: 01 Urban 0 Industrial D Commercial OPublic Forest �]Agricultural R3 Other: 2. Total area of project area: acres 2,400 square feet(Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b.Forested 1,200 1,200 2c. Agricultural IF 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] 2e. Water Surface Area _ 2f. Public 2g. Water Surface Area P2h.Unvegetated (rock, earth, or fill) 2i. Roads,buildings, and other paved surfaces 1,200 1,200 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Unmapped 3b. Soil Drainage: Well-Drained % of Site Moderately Well-Drained 100 % of Site Poorly Drained % of Site 4a. Are there bedrock outcroppings on project site? DYes []No -I1V/A 4b. What is depth of bedrock? <1 (feet) 4c. What is depth to the water table? 3+ (feet) 5. Approximate percentage of proposed project site X 0-10% 40 10-15% 40 % with slopes: 015% or greater 20 % 6a. Is project substantially contiguous to, or does it Yes [X]No /A contain a building, site or district, listed on or eligible for the National or State Register of Historic Places? 6b. ...Or a designated local landmark or located in a ❑Yes %�No []N/A local landmark district? 7. Do hunting and/or fishing opportunities currently Dexist in the project area? yes ONo �N/A If yes, identify each species: Fall Creek 4 SITE DESCRIPTION concluded 8. Does project site contain any species of plant []Yes ❑No ❑N/A Unknown and/or animal life identified as threatened or endangered? According to: UNA-134 Identify each species: Canadian Primrose, Bird's Eye Primrose are identified in the adjacent UNA 9. Are there any unique or unusual landforms on the % Yes ❑No ❑N/A project site (i.e., cliffs, other geological formations)? Describe: Fall Creek Gorge cliffs overlooking Ithaca Falls, Recreational River corridor 10. Is project site currently used by the community or ❑yes [X]No ❑N/A neighborhood as an open space or recreation If yes, explain: area? 11. Does present site offer or include scenic views ®yes []No ❑N/A known to be important to the community? Describe: High quality views of Ithaca Falls 12. Is project within or contiguous to a site yes ❑No ❑N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: Lake St. Parcel #12.-1-2 is located agency? contiguous to UNA-134. 13. Streams within or contiguous to project area: a. Names of stream(s) or name(s) of river(s)to which it is a tributary: Fall Creek 14. Lakes,ponds, or wetland areas within or a. Name(s): NA contiguous to project area: �Ib. Size(s) (in acres): 15. Has site been used for land disposal of solid ❑yes ❑X No ❑N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? [KYes ❑No ❑N/A a. If Yes, does sufficient capacity exist to allow connection? ' [KYes QNo ❑N/A b. If Yes, will improvements be necessary to ❑yes ❑% No QN/A allow connection? 5 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate): 40' x 60' la. Total contiguous area owned by project sponsor in acres: or square feet: _2,400 SF lb.Project acreage developed: 0 Acres initially: 0 Acres ultimately: 0 lc. Project acreage to remain undeveloped: 2,400 SF Id.Length of project in miles (if appropriate): NA or feet: le. If project is an expansion, indicate percent of change proposed: NA If. Number of off-street parking spaces existing: 1 proposed: 1 LrMaximum vehicular trips generated (upon completion of project)per day: NA and per hour: lh.Height of tallest proposed structure in feet. 0 No new structures proposed lj. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 0 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: 0 or added to the site: 0 3. Specify what type of vegetation(trees, shrubs, ground cover) and how much will be removed from the site: acres: 0 type of vegetation: 4. Will any mature trees or other locally important vegetation be removed for this project? No 5. Are there any plans for re-vegetation to replace vegetation removed during construction? No 6. If single-phase project, anticipated period of construction: NA months (including demolition) 7. If multi-phased project, anticipated period of construction: months(including demolition) 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: July month 2015 year(including demolition)] 7c. Approximate completion date of final phase: July month 2015 year. 7d.Is phase one financially dependent on subsequent phases? ©Yes ONo A 8. Will blasting occur during construction? DYes ONo MN/A If yes, explain: KNumber of jobs generated during construction: 0 After project is completed: 0 10.Number of jobs eliminated by this project: 0 Explain: Ill. Will project require relocation of any projects or facilities?®Yes �o ON/A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?®Yes �o ON/A; if yes, explain: 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal,where specifically will effluent be discharged? 13. Will surface area of existing lakes,ponds, streams, or other surface waterways be increased or decreased by proposal? OYes �t o ON/A If yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100-year floo plain?[@Yes ONo ON/A Site is located adjacent to a floodway, but site is not in a flood zone 6 PROJECT DESCRIPTION concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Cree Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek? (Circle all that apply.) 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 of the ECL? []Yes �o M/A; [14d. If#14a., b., or c. is yes, explain: Parcel is located adjacent to Fall Creek 15a. Does project involve disposal of solid waste? ❑Yes �o ❑N/A 115b. If 415a. is yes, will an existing solid waste disposal facility be used? F01yes ONo M /A 115c. If#15b. is yes, give name of disposal facility: and its location: 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? ■Yes �o ❑N/A If yes, explain: 15e. Will any solid waste be disposed of on site? Yes �o [3 N/A If yes, explain: 16. Will project use herbicides or pesticides? ❑Yes 2]No ❑N/A If yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district? DYes �o M/A; if yes, explain: 18. Will project produce odors? ®Yes � o ❑N/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? MYes % o ON/A After construction?OYes o ❑N/A 20. Will project result in an increase of energy use?❑®Yes �o [3N/A If yes, indicate type(s): �21. Total anticipated water usage per day in gals./day: 0 Source of water: 7 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? [ ]Yes �o [3N/A If yes, indicate the decision required: 0 Zoning Amendment [3 Zoning Variance 0 New/Revision of Master plan [3 Subdivision ®Site Plan t3 Special Use Permit [3 Resource Management Plan ®Other: 2. What is the current zoning classification of site? R-3b&with Recreational diver Overlay 3. If the site is developed as permitted by the rn esen zoning,what is the maximum potential development? Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek, but allow legally existing residential structures to remain and be expanded by up to 500 sq.ft.Therefore, present zoning allows a 500 sq.ft. expansion of the existing 800 sq.ft. residential structure. 4. Is proposed use consistent with present zoning? Fa--]]Yes [3No FON/A . If#4 is no, indicate desired zoning: 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? NAB 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? C3Yes allo ® /A If no, explain: S. What is the dominant land use and zoning classification within a Y4 mile radius of the project? (e.g., R-la or R-lb) R-3b and P-I 4. Is the proposed action compatible with adjacent land uses? ®Yes ONo EIN/A Explain: { 10a. If the proposed action is the subdivision of land,how many lots are proposed? NA 10b. What is the minimum lot sizeproposed? NA 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education, police, fire protection, etc.)? FYes o ]N/A Explain: If yes, is existing capacity sufficient to handle projected demand? 13Yes ®No I—EIN/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes o FoJIN/A LIf es, is existin road network adequate to handle additional traffic? Eyes Mo K3N/A Explain: 8 D. APPROVALS 1. Approvals:. Common Council approval is required to withhold tax-foreclosed property from sale at public auction 2a. Is any Federal permit required? [3Yes o ''1/A Specify: b. Does project involve State or Federal funding or financing?[]Yes E) o ON/A If Yes, Specify: 2e. Local and Regional approvals: - - Type of Submittal Approval Agency_ Yes or No Approval Required hate Date Common Council - Yes Authorize sal retention 4/15 - 6/15 Board of Zoning Appeals (BZA) No Planning& Development Board No Ithaca Landmarks Preservation Commission QLPQ Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) 9 E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: Nels Bohn Signature: Title: IURA Director of Community Development xxxxxxxxxxXXXxxxx END OF PART 1 xXXxxXxxXxxxxXXxx 10 City of Ithaca , NY 2014 LEGEND ❑ Tax Parcels Primary Commons Zone Secondary Commons ZonE ❑ Historic District ❑ Zoning District r Certificate of AppropriatenE 1 Railroad Parcel Border 0 -i { a k - 3 , 74 Printed: 4/6/2015 http://geo.tompkins-co.org/SL/Viewer.html? 1-747 85.54 Feet Viewer=cityproperties Data contained on this map was provided or derived from data developed or 401 Lake Street-aerial photo compiled by the City of Ithaca, and is the best available to date. The originators do not warrant the accuracy or completeness of the information portrayed by the data. City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? ❑ Yes ❑No Any construction on slopes of 15% or greater(1 5-footrise per 100 feet of length) or where general slope in the project ❑ ❑ [:] Yes ❑ No exceeds 10%. Construction on land where depth to the water table is less ❑ ❑ [:] Yes ❑ No than 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ [:] Yes ❑ No Construction on land where bedrock is exposed or generally ❑ ❑ [:] Yes No within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ ❑ [:] Yes [:] No more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ ❑ [:] Yes No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. ❑ ❑ [:] Yes ❑ No Construction in designated floodway. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ [:] Yes ❑ No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? ❑ Yes ® No Specific land forms (if any): ❑ ❑ ❑ Yes ❑ No 1 of 11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? ❑ Yes ® No Developable area of site contains protected water body. ❑ ❑ [:] Yes [:] No Dredging more than 100 cubic yards of material from channel ❑ ❑ [:] Yes [:] No of protected stream. Extension of utility distribution facilities through protected ❑ ❑ [:] Yes ❑ No water body. Construction in designated freshwater wetland. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ [:] Yes ❑ No 4. Will project affect any non-protected existing or new body of water? ❑ Yes ❑ No A 10% increase or decrease in surface area of any body of ❑ ❑ Yes ❑ No water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ ❑ ❑ Yes [:] No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, ❑ ❑ ❑ Yes ❑ No Cayuga Lake, or Cayuga Inlet? Other impacts (if any): ❑ ❑ [:] Yes [:] No 2of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ❑ Yes ® No Project will require discharge permit. ❑ ❑ [:] Yes [:] No Project requires use of source of water that does not have ❑ ❑ ❑ Yes [:] No approval to serve proposed project. Construction or operation causing any contamination of a ❑ ❑ [:] Yes [:] No public water supply system. Project will adversely affect groundwater. ❑ ❑ [:] Yes [:] No Liquid effluent will be conveyed off the site to facilities which ❑ ❑ [:] Yes [:] No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ ❑ [:] Yes [:] No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an ❑ ❑ [:] Yes [:] No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ ❑ ❑ Yes ❑ No products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 3of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? ❑ Yes ❑ No Project would impede floodwater flows. ❑ ❑ [:] Yes [:] No Project is likely to cause substantial erosion. ❑ ❑ [:] Yes [:] No Project is incompatible with existing drainage patterns. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): ❑ ❑ [:] Yes [:] No IMPACT ON AIR 7. Will project affect air quality? ❑ Yes ® No Project will induce 500 or more vehicle trips in any 8-hour ❑ ❑ [:] Yes No period per day. Project will result in the incineration of more than 2.5 tons of ❑ ❑ [:] Yes No refuse per 24-hour day. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million ❑ ❑ [:] Yes ❑ No BTUs per hour. Other impacts (if any): ❑ ❑ [:] Yes ❑ No 4of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? ❑ Yes ® No Reduction of any species, listed on New York or Federal list, ❑ ❑ Yes ❑ No using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife ❑ ❑ Yes ❑ No habitat. Application of pesticide or herbicide more than twice a year ❑ ❑ ❑ Yes ❑ No other than for agricultural purposes. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 9. Will proposed action substantially affect non-threatened or non-endangered species? ❑ Yes ❑ No Proposed action would substantially interfere with any ❑ ❑ ❑ Yes ❑ No resident or migratory fish, or wildlife species. Proposed action requires removal or more than '/2 acre of ❑ ❑ ❑ Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ [—] Yes ❑ No 5of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? ❑ Yes ❑ No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current ❑ ❑ [:] Yes [:] No surrounding land use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or ❑ ❑ [:] Yes [:] No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening ❑ ❑ [:] Yes [:] No of scenic views known to be important to the area. Other impacts (if any): The existing residential structure on the parcel is located immediately adjacent to the Fall Creek cliff and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded- ® ❑ ❑ Yes [:] No up residential structure detracts from the quality of the scenic views. RetentionSale of the property will not directly affect existing scenic views. IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? [—] Yes ❑ No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the ❑ ❑ [:] Yes ❑ No National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located ❑ ❑ [:] Yes [:] No within the project site. Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a ❑ ❑ ❑ Yes [:] No landmark district. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 6of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? ❑ Yes ❑ No The permanent foreclosure of a future recreational ❑ ❑ ❑ Yes ❑ No opportunity. A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts (if any): The existing residential structure on the parcel is located immediately adjacent to the Fall Creek cliff and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded- up residential structure detracts from the quality of the ❑ ❑ ❑ Yes ❑ No adjacent open space. SaleRetention of the property will not directly affect existing character of the area. IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? ❑ Yes [—] No Proposed action to locate within a UNA or CEA? ❑ ❑ [—] Yes ❑ No Proposed action will result in reduction in the quality of the resource. (visual quality and character of Fall Creek ® ❑ ® Yes ❑ No Gorge could be improved by removal or rehabilitation of the residential structure. Proposed action will impact use, function, or enjoyment of the El ❑ ❑ Yes ❑ No resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 7of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? ❑ Yes ® No Alteration of present patterns of movement of people and/or ❑ ❑ [:] Yes ❑ No goods. Proposed action will result in major traffic problems. ❑ ❑ ❑ Yes ❑ No Other impacts: ❑ ❑ ❑ Yes ❑ No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? ❑ Yes ❑ No Proposed action causing greater than 5% increase in any ❑ ❑ [:] Yes [:] No form of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- ❑ ❑ [:] Yes [:] No or two-family residences. Other impacts (if any): ❑ ❑ [:] Yes ❑ No 8of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? ❑ Yes ® No Blasting within 1,500 feet of a hospital, school, or other ❑ ❑ [:] Yes [:] No sensitive facility? Odors will occur routinely(more than one hour per day). ❑ ❑ [:] Yes [:] No Proposed action will produce operating noise exceeding local ❑ ❑ [:] Yes [:] No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as El ❑ ❑ Yes ❑ No noise screen. Other impacts (if any): ❑ ❑ [:] Yes [:] No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ❑ Yes ® No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, ❑ ❑ ❑ Yes ❑ No radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in any form (i.e., toxic, poisonous, highly reactive, radioactive, ❑ ❑ ❑ Yes ❑ No irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of ❑ ❑ [:] Yes [:] No solid or hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, ❑ ❑ [:] Yes ❑ No radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: S"Withhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 517115, revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. ❑ ❑ [:] Yes [:] No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any ❑ ❑ [:] Yes [:] No residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? ❑ Yes ❑ No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human ❑ ❑ [:] Yes [:] No population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of ❑ ❑ [:] Yes [:] No this proposed action. Proposed action will conflict with officially adopted plans or ❑ ❑ ❑ Yes [:] No goals. Proposed action will cause a change in the density of land ❑ ❑ [:] Yes ❑ No use. Proposed action will replace or eliminate existing facilities, ❑ ❑ [:] Yes [:] No structures, or areas of historic importance to the community. Development will create demand for additional community ❑ ❑ [:] Yes ❑ No services (e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future ❑ ❑ [:] Yes ❑ No actions. Proposed action will relocate 15 or more employees in one or ❑ ❑ [:] Yes ❑ No more businesses. 10 of 11 5/18/2015 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15 revised 5/18/15 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 19. Is there public controversy concerning the proposed action? ❑ Yes ❑ No ❑ Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — 11 of 11 5/18/2015 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM - Part III Se4Withhold Tax Map Parcel 12.4-2,401 Lake Street atfrom Public Auction May 7,2015, revised 5/18/15 PROJECT DESCRIPTION By standing City policy, properties acquired through tax foreclosure are sold to the highest bidder through the annual tax foreclosure auction, unless Common Council directs the City Chamberlain to take an alternative course of action. 401 Lake Street (#12.-1-2) contains a vacant, small residential structure, located adjacent to Fall Creek and the Ithaca Falls Natural Area. The house is currently unoccupied and boarded-up. This parcel is proposed to be withheld from offered for sale to the highest bidder at public auction. This action is a type I classification is due to the site's location contiguous to Fall Creek and the Ithaca Falls Natural Area. Public Comment The City of Ithaca Natural Areas Commission submitted comment dated 5/5/15 that recommends that this parcel be withheld from the tax auction and "use the period up until the 2016 tax auction to gather public input and to study and consider the City's options for the property, including parkland designation and/or inclusion in the Ithaca Falls Natural Area". The City of Ithaca Planning& Development Board submitted comment dated 5/5/15. The Board urges Common Council to retain#12.-1-2,401 Lake Street, as well as the adjacent parcel#12.-1-1 in city ownership for the purpose of expanding and protecting Fall Creek Gorge and Natural Area. The Board notes that acquiring both parcels (#12.-1-1 and#12.-1-2) is a rare opportunity that will have a lasting benefit to the community—far outweighing any possible cost offset of selling 401 Lake Street. Aesthetic&Open Space Resources The existing residential structure on the parcel is located immediately adjacent to Fall Creek and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded-up residential structure on the site detracts from the quality of the scenic views and open space character. Future use of the parcel will impact aesthetic and open space resources. Scenic views and community character could be improved if the structure were removed or rehabilitated. AS the hause WaS been in place f9F at least 50 yeaFs, sale of the pFepeFty to Feeaver _haek taxes Will REA Sa4eRetention of the property will not have a significant impact on existing the scenic or open space resources. Prepared by: Nels Bohn, Director of Community Development, IURA 5/18/2015 Page 1 of 1 9.5 Adoption of 2015 Action Plan — Housing and Urban Development (HUD) Entitlement Program - Resolution WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program funding sources, and WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City's HUD Entitlement program in compliance with all applicable regulations, and WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD Entitlement program funding allocated to the City, and WHEREAS, the 2015 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2015 HUD Entitlement program allocation and associated funds administered by the IURA, and WHEREAS, funding available to be allocated through the 2015 Action Plan funding process is anticipated to include the following: $671,646.00 CDBG 2015 allocation $37,868.27 CDBG 2013 carryover $6,000.00 CDBG 2013 recaptured funds $11,636.61 CDBG 2014 carryover program income $120,000.00 CDBG 2015 projected program income $368,661.00 HOME 2015 allocation $1,215,811.88 Total and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2015 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, at their April 2, 2015 meeting, the IURA adopted a recommended 2015 Action Plan; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA- recommended 2015 Action Plan, dated April 2, 2015 for allocation of the City's 2015 HUD Entitlement Program award along with additional funds listed above totaling $1,215,811.88, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2015 Action Plan. DRAFT Action Plan 2015 HUD Entitlement Program, City of Ithaca, NY Last updated 5/13/15 Funding ibl11i 0I bill,it F-IL71FIl Project Sponsor Request Match 2015 CDBG 2013 CDBG 2014 CDBG PI 2015 CDBG PI 2015 HOME Total Summary Description $671,646 $43,868.27 $11,636.61 $120,000.00 $368,661 $1,215,812 # Housing 1 210 Hancock Street Ithaca Neighborhood $457,326 $16,828,299 $140,158.68 $120,000.00 $197,167.32 $457,326.00 Construct 11 new affordable rental housing units as part of a planned 53 unit project Housing Services(INHS) 2 Mini Repair Program 2015 INHS $35,000 $58,128 $35,000.00 $35,000.00 Small emergency repairs for 45 low-income seniors and people with disabilities 3 Security Deposit Assistance Program Catholic Charities $41,832 $0 $40,000.00 $40,000.00 70 security deposits for low-Income tenants 4 Housing Scholarship Program Learning Web $24,600 $55,300 $24,600.00 $24,600.00 Tenant-based rental assistance for 8 homeless youths 5 Housing First TCAction $30,000 $10,922 $30,000.00 $30,000.00 Security deposit,rental and utility assistance for 4 homeless households 6 Temporary Ramp Loan Program Finger Lakes Ind Ctr $10,000 $7,000 $20,000.00 $20,000.00 Ramps to provide access for 6 disabled households 3.a. HOME unit inspections for Security Deposits TCAction $0 $4,000.00 $4,000.00 HQS inspections for 35,non-section 8 units receiving security deposit assistance Economic Development 7 Hospitality Employment Training Program Greater Ithaca Activities $109,417 $15,545 $73,912.12 $23,868.27 $11,636.61 $109,417.00 Job training and paid work experience for 16 individuals with employment barriers,job Center(GIAC) placements for at least 4 individuals 8 Work Preserve Job Training Program Historic Ithaca $87,500 $75,500 $87,500.00 $87,500.00 Training in job readiness skills for 20 individual,entry level job placements forat least 3 individuals Public Facilities 9 Spencer Road Sidewalks City of Ithaca $100,000 $90,000 $100,000.00 $100,000.00 Provide a safe pedestrian connection from Spencer Rd to the City's network of sidewalks Public Services 10 2-1-1/I&R Service Human Services Coalition $20,000 $201,830 $20,000.00 $20,000.00 Support for the 2-1-1 Call Center 11 Building for the Future Southside Comm Ctr $28,292 $16,000 $23,577.00 $23,577.00 Provide hardware and software for computers used in computer lab to serve 25 LMI individuals 12 Immigrant Services Catholic Charities $16,000 $21,455 $16,000.00 $16,000.00 Case management for 80 immigrants to access employment,services,legal aid,etc 13 A+Tuition Assistance BJM Enrichment Program $27,410 $131,875 $17,410.00 $17,410.00 Scholarships for 10 academically vulnerable BJM students to attend Academic Plus 14 ReSET Job Training Expansion Finger Lakes ReUse $75,015 $154,447 $23,759.00 $23,759.00 Training for 45 individuals in basic skills in technology and construction fields,paid apprenticeships for 3 individuals Administration 15 CDBG Admin. IURA $134,329.20 $0 $134,329.20 $134,329.20 Planning,administration and monitoring for the CDBG program 16 HOME Admin. IURA $36,866.10 $0 $36,866,10 $36,866.10 Planning,administration and monitoring for the HOME program Totals: 1 $1,233,587 1 $17,666,301 $671,646.00 $43,868.27 $11,636.61 $120,000.00 $332,633.42 $1,179,784.30 Minimum Required Set-aside of HOME funds for CHDO Activities: $55,299.15 CDHO Set-aside Funding(INNS 210 Hancock): $197,167.32 CHDO Setaside compliance: Y/N 9.6 Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake WHEREAS, the City of Ithaca Common Council recognizes the importance of the Finger Lakes region as a whole and its economy, tourism, and watershed to the vitality of Tompkins County; and WHEREAS, the City of Ithaca Common Council is aware of the critical role played by Seneca Lake in particular for its designation as a scenic byway, its role as a recreational asset and in promotion of tourism and viticulture, its importance to fish and wildlife, and for its role in providing drinking water for large segments of the adjacent population; and WHEREAS, the City of Ithaca Common Council has become aware that plans have been proposed for storage of liquefied propane gas and additional compressed natural gas in large quantities in abandoned salt caverns, never designed for such purposes, adjacent to Seneca Lake; and WHEREAS, it is the opinion of the City of Ithaca Common Council that the proposed industrialization of the west shore of Seneca Lake would adversely affect the economic future of the viticulture, tourism, and agricultural-based economy of the Finger Lakes region as a whole including those of Tompkins County; now, therefore be it RESOLVED, on recommendation of the Planning & Economic Development Committee, that the City of Ithaca Common Council joins other municipalities in respectfully requesting that the New York State Department of Environmental Conservation withhold or rescind approval of any plan for gas storage adjacent to Seneca Lake; and, be it further RESOLVED, That a copy of this resolution be forwarded to the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, United States Senator Charles Schumer, United States Senator Kirsten Gillibrand, New York Governor Andrew Cuomo, New York Senate Leaders Dan Skelos, Jeff Klein, and Andrea Stewart-Cousins, New York Assembly Leaders Sheldon Silver and Brian Kolb, New York State Senators Michael Nozzolio, Thomas O'Mara, and James Seward, New York State Assemblyperson Barbara Lifton, Seneca County Board of Supervisors, Village of Watkins Glen Mayor and Trustees, and to the Tompkins County Council of Governments. 10. CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law to Establish a Sustainable Energy Loan Program in the City of Ithaca LOCAL LAW NO. 2015-- BE IT ENACTED by the Common Council of the City of Ithaca follows: Section 1. Chapter 4 of the City of Ithaca Municipal Code entitled "Administration of Government" is hereby amended by adding and Article VII entitled "Energize NY Benefit Financing Program," to read as follows: ARTICLE VII §4-33. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Ithaca (hereinafter, "City") and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation ("EIC"), a local development corporation, acting on behalf of the City, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose. B. The City is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law. C. This chapter shall be known and may be cited as the "Energize NY Benefit Financing Program Law of the City of Ithaca". §4-34. Definitions For purposes of this Article, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Authority — The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities law, or its successor. EIC — the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the City to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the City tax collector as a charge to be levied on the real property and collected in the same manner and same form as the City taxes. Energy Audit — A formal evaluation or "assessment" of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement — Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner — An owner of residential or commercial real property located within the boundaries of the City that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter. Renewable Energy System — An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study — A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. §4-35. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the City, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4-36. Procedures for eligibility A. Any property owner in the City may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the City, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §4-37. Application criteria A. Upon the submission of an application, EIC acting on behalf of the City, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: 1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority; 2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments; 3. Sufficient funds are available to provide to the property owner; 4. The property owner is current in payments on any existing mortgage; 5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and 6. Such additional criteria, not inconsistent with the criteria set forth above, as the City, or EIC acting on its behalf, may set from time to time. §4-38. Opt-in, Energize Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City. B. Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met. C. The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter. §4-39. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §4-40. Terms and conditions of repayment The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on its City tax bill and shall be levied and collected at the same time and in the same manner as City property taxes, provided that such charge shall be separately listed on the tax bill. The City shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the City tax due date. B. The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City . C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at the time the Energize Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §4-41. Verification and report A. EIC shall be responsible for verifying and reporting to the City on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program. B. The City shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3.This local law shall take effect upon filing with the Secretary of State. 10.2 Authorizing a Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca - Resolution WHEREAS, by Local Law No. 2015-_, the City of Ithaca created the Energize NY Benefit Financing Program within the city that utilizes the Energy Investment Corporation (EIC), a local development corporation acting on behalf of the City, to provide Property Assessed Clean Energy (PACE) financing to assist qualified property owners who undertake energy-efficiency measures and install renewable-energy systems; and WHEREAS, a Municipal Agreement is required to establish the roles, responsibilities, and obligations of the EIC and the City in the administration of the Energize NY Benefit Financing Program; and WHEREAS, currently, Federal practice fails to enable participation by individual residential property owners; now, therefore, be it RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to enter into a Municipal Agreement with the Energy Improvement Corporation that shall set forth the duties and obligations of each party in connection with the City's participation in the Energize NY Benefit Financing Program; and, be it further RESOLVED, That when Federal practice enables individual property owners to participate in this program, the City will allow participation as well. CITY OF ITHACA .{ -• 108 East Green Street Ithaca, New York 14850-5690 MAYOR'S OFFICE ! i SVANTE L.MYRICK,MAYOR Telephone: 607-274-6501 Email: mayor@cityofithaca.org Fax: 607-274-6526 MEMORANDUM To: Common Council From: Kevin Sutherland,Chief of Staff CC: Svante Myrick,Mayor,Steven Thayer,City Controller,Joe Del Sindaco,Energize NY Date: May 8,2015 Re: EnergizeNY Q&A from City Administration Committee meeting on 4/15/15 Several questions were raised at the last CA meeting regarding the EnergizeNY loan program and the two resolutions related to it were tabled. I've spoken to Joe Del Sindaco from EnergizeNY and below are the questions raised and the responses I have come up with. Joe,if I've misinterpreted what we talked about,please let me know. What about properties with known contamination? At the request of the city,EnergizeNY will not finance projects with known contamination. This can be a part of the mutual agreement.However,the responsibility of informing EnergizeNY of contaminated sites will fall to the city, as EnergizeNY does not have this information. Churches and not for profits-are counties/cities saying they don't want to foreclose on these types of establishments? This is a really good question. If these entities take advantage of the loan program,they could be foreclosed on if they do not make their annual payments. Are elected officials prepared to foreclose on a not-for-profit? That's a question you have to ask yourself. The local law refers to both residential and commercial,yet EnergizeNY is stating they will only finance commercial. When the state law was enacted allowing for this,they had assumed residential homes could participate as well as commercial. The Federal home loan programs (Freddie Mae and Freddie Mac)have not allowed PACE financing and therefor Energize NY will not provide loans to residential properties for the time being. There is a bill in Congress. It is currently stalled,but if and when it does go through,the State of New York already has a law on the books allowing for it. At that time EnergizeNY will be allowed to provide this service to home owners. Also,commercially owned includes LLC's. If an LLC owns a single family home property it will be eligible. Is the city the Primary or Secondary lien to be made whole? The city is the primary lien holder. The EnergizeNY payment is an additional line item on the tax bill and treated with the same primary status as all other lines on the tax bill. I went to the county legislative meeting earlier this week in which they voted unanimously to approve the local law. This means business owners in Tompkins County with property outside of the City of Ithaca can now partake in this program. I hope the City Administration Committee will consider bringing these resolutions back to the floor so that businesses in the city may participate in the program as well. 10.3 Department of Public Works - Request to Fund Stewart Park Buildings Priority Plan - Resolution WHEREAS, the Ithaca community values Stewart Park and its buildings as a unique resource worthy of preservation and revitalization; and WHEREAS, a benchmark document summarizing the condition of the various buildings at the park will prove a useful tool for program planning, fund raising, and preservation of the Stewart Park buildings; and WHEREAS, the cost for a benchmark document, including material testing is estimated at $40,000.00; and WHEREAS, programming interests of all stakeholders should be considered during the planning process; and WHEREAS, the Friends of Stewart Park and the City of Ithaca have collaborated in applying for funding for a Tourism Capital Grant for assessment of the buildings and program planning at Stewart Park; and WHEREAS, the Stewart Park Buildings Priority Plan has been awarded a $20,000.00 Tourism Capital Grant; and WHEREAS, the additional $20,000.00 needed for the Stewart Park building assessment can be funded from Capital Reserve #11, Parks, which has a current balance of $108,000.00; now, therefore be it RESOLVED, That Common Council authorizes expenditure not to exceed $40,000.00 for undertaking a Stewart Park Buildings Priority Plan; and, be it further RESOLVED, That Common Council hereby amends the 2015 Authorized Budget to account for the receipt and expense of said tourism Capital Grant as follows: Increase Revenue Account: A7111-2705 Parks and Forestry Gifts/Donations $20,000.00 A0001-2806 Transfer from Capital Reserve $20,000.00 Increase Appropriations Account: A7111-5435 Parks and Forestry Contracts $40,000.00 and, be it further RESOLVED, That Common Council hereby authorizes the additional $20,000.00 needed for said assessment study be derived from Capital Reserve #11, Parks. 10.4 Attorney - Request for Permanent Easement for 327 Eddy Street Proposed Encroachment - Resolution WHEREAS, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record, hereinafter "Applicant"), has requested a permanent easement from the City into the adjacent Eddy Street right-of-way; and WHEREAS, applicant requests an easement to permit the following encroachment into the City's right-of-way: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS, the Planning and Development Board has, as part of the site plan review process, expressed its desire that the applicant include the architectural feature that will be enabled by this easement; and WHEREAS, it appears that the proposed encroachment into the City's airspace will not interfere with the right-of-way as currently constituted; and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the future with public works uses or needs and the Board of Public Works by resolution on May 11, 2015, recommended that Common Council authorize granting this easement under the terms described in this resolution; now, therefore be it RESOLVED, That the fee for this permanent easement shall be $3,073.84.00, based on the Pomeroy Appraisal value of$75.77 for one year of use at the current appraisal rate in Collegetown of$2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation; and, be it further RESOLVED, That the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents to grant the easement requested by applicant and described above. SIT CITY OF ITHACA 108 East Green Street Ithaca New York 14850-5690 a a OFFICE OF THE CITY ATTORNEY ° Aaron O. Lavine, City Attorney Telephone: 607/274-6504 emoo�e Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 AT Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant MEMORANDUM To: City Administration Committee From: City Attorney's Office Date: May 1, 2015 Subject: Request for permanent easement into Eddy Street right of way Steve Fontana, as representative of the owner of the property located at 327 Eddy Street, has requested a permanent easement into the City's air space over the Eddy Street right of way. Mr. Fontana proposes constructing a five story building with a portion bumped-out from the building face on the fifth floor, 24 square feet of such bumped-out portion would be within the City's air space. A depiction of the fifth floor lay out, and where it encroaches over City air space is attached with this memo and the proposed resolution. Public Works staff and the Board of Public Works have concluded that this proposal would not impede the City's use or planned use of its right of way. The fee proposed in this resolution, $3,073.84, is based on the Pomeroy appraisal values for Collegetown square footage, which the City uses to assess annual license fees. In collaboration with the Office of the City Controller, we estimated a future value of license payments calculated out for 30 years, the standard depreciation period used by the City for buildings under State Finance Law. To factor in the yearly adjustments the City makes for consumer price index increases on a yearly license fee, we assumed a two percent rate of inflation. "An Equal Opportunity Employer with a commitment to workforce diversification." - r, � m 1m o r ' D CA O O w 0 2'-11" 11'-11" 12'-3" z IV D N ca W cn Z7 I' C�' m w w D _ 2'-0" N o 03 �� �CD T W cfl T W --�- E 21 OIOI� ��IOIO IL _J m I Ln -- -- N n O J L ^m^ zOI O OI O N D O to .. z _- T � N O Cn �J 0 z m D z D 2'-11" w m N W m c (n N m o m 1 GD i cn City Administration Committee Agenda Item Proposed Resolution Request for Permanent Easement for 327 Eddy Street Proposed Encroachment WHEREAS, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record, hereinafter"Applicant"), has requested an encroachment agreement/license from the City into the adjacent Eddy Street right-of-way; and WHEREAS,Applicant requests an easement to permit the following encroachment into the City's right of way: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS,the Planning Board has, as part of the site plan review process, expressed its desire that the applicant include the architectural feature that will be enabled by this easement; and WHEREAS, it appears that the proposed encroachment into the City's airspace will not interfere with the right of way as currently constituted; and WHEREAS,the Superintendent of Public Works does not anticipate any conflicts in the future with public works uses or needs and Board of Public Works by resolution on May 11, 2015 recommended that Common Council authorize granting this easement under the terms described in this resolution, now therefore be it RESOLVED, That the fee for this permanent easement shall be $3,073.84, based on the Pomeroy appraisal value of$75.77 for one year of use at the current appraisal rate in Collegetown of$2.87 per square foot, calculated out for a thirty year depreciation period and 2%rate of inflation; and RESOLVED, That the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents to grant the easement requested by Applicant and described above. 10.5 Department of Public Works - Authorization of a New Master Agreement for the Cayuga Waterfront Trail — Phase 2 - Resolution WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL — PHASE 2, P.I.N. #395047 (the "Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on June 13, 2001, Common Council authorized and established Capital Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000.00, to design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two-mile loop in Cass Park, which has now been completed); and WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the Cayuga Waterfront Trail, then known as PIN #395024, (which would connect Cass Park to the Ithaca Farmers Market) from the same Capital Project as Phase 1, authorized the addition of$677,724.00 to Capital Project #445, for the costs of design, right-of-way acquisition and construction of Phase 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 (through the Transportation Enhancement Program) and to provide for the administration of Phase 2 and the funding of the local share; and WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development Board, the designated lead agency for such review, and site plan approval for Phase 2 was granted; and WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by adding $50,000.00 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from the Ithaca Farmers Market to Stewart Park and the Visitors Center), half of which amount was to be derived from a New York State Environmental Protection Fund grant, and $10,000.00 of which amount was to be derived from non-City funds to be raised by the Cayuga Trails Initiative; and WHEREAS, on November 1, 2006, Common Council re-approved Phase 2 of the Trail, added $480,000.00 to Capital Project #445, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project (through a SAFETEA-LU member item) and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 80% federal and 20% local); and WHEREAS, on June 6, 2007, Common Council again approved the Project, now including Phase 3, subject to environmental review (of that phase), added $720,000.00 to Capital Project #445 to cover the combined cost of the three phases, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project will be roughly 80% federal and 20% local); and WHEREAS, as part of the 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN #395024) for administrative purposes; and WHEREAS, on May 9, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail; and WHEREAS, the City of Ithaca Planning & Development Board, acting as lead agent for environmental review of Phase 3 of the Trail, voted on July 28, 2009, to determine that Phase 3 of the project would have no significant impact on the environment and that a Negative Declaration be filed in accordance with the State Environmental Quality Review Act and the City's Environmental Quality Review Ordinance; and WHEREAS, as part of the 2010 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of$215,000.00, with the intent that it would be a match for additional federal funding being sought at that time; and WHEREAS, in the summer of 2010, Phase 3 of the trail was constructed by contract; and WHEREAS, on October 6, 2010, Common Council passed a resolution approving a Supplemental Agreement for the Project, added $857,000.00 to Capital Project #445, to be matched by funds in the 2010 approved Capital Budget, with the understanding that the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on March 6, 2012, at the request of the New York State Department of Transportation, and through an action of the Ithaca-Tompkins County Transportation Council, Phase 2 and Phase 3 of the Project were separated into two projects again for administrative purposes, specifically to address administration of Right-of-Way Acquisition; at that meeting Phase 3 was given PIN #395024 and a new PIN was created for Phase 2, PIN #395047; and WHEREAS, as part of the 2014 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $300,000.00, but did not authorize funding in the first instance for the federal share of funding approved at the Ithaca-Tompkins County Transportation Council on June 18, 2013 in the amount of $752,400.00; and WHEREAS, in 2015, the New York State Department of Transportation provided two new Master Agreements for the Project for the City to review and approve: one agreement for the final design, construction and construction inspection of Phase 2, D034161, with a total authorization of$2,487,524.00; and one agreement for the Right- of-Way Incidentals and Acquisition of Phase 2, D034163, with a total authorization of $510,500.00 (with the understanding that the apportionment of the costs for these portions of the project would be 80% federal and 20% local); and WHEREAS, the City of Ithaca desires to be reimbursed for the federal share of the remaining phase of the Cayuga Waterfront Trail project (i.e., Phase 2); now, therefore, be it RESOLVED, That Common Council hereby re-approves the above-subject Project; and, be it further RESOLVED, That Common Council hereby re-authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Design, Right-of- Way, Construction, Construction Inspection and Supervision work for the Project or portions thereof; and, be it further RESOLVED, That Common Council hereby amends Capital Project #445, Cayuga Waterfront Trail (formerly known as Cass Park trail) in the amount of $752,400.00, with the understanding that this represents a portion of the federal share and will be fully reimbursed to the City, for a total project cost of $4,385,956.37, which represents Phase 1, Phase 2, and Phase 3 of the three-phase project; and, it is further RESOLVED, That the sum of $752,400.00 is hereby appropriated from the issuance of serial bonds, for a total authorization of $4,385,956.37, and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, That as noted in the abovementioned authorizations, the total project authorization is $4,385,956.37, and shall be made available to cover the cost of participation in the above phases of the Project; and, it is further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of 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, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute new Master Agreements for the Cayuga Waterfront Trail — Phase 2, including one for Design, Construction and Construction Inspection; and one for Right-of-Way Incidentals and Acquisitions; and, be it further RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca, with the New York State Department of Transportation, in connection with the advancement or approval of Phase 2 or Phase 3 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-eligible Project costs and all other Project costs within the appropriations therefore that are not so eligible; and, be it further 10.6 Mayor's Office — Request to Approve Funding Match for TIGER VII (Transportation Investment Generating Economic Recovery) Grant Application - Resolution WHEREAS, the United States Department of Transportation (USDOT) has announced the availability of 500 million dollars in the Transportation Investment Generating Economic Recovery (TIGER) 2015 Discretionary Grants (TIGER FY 2015) program, which notice was published in the Federal Register on April 03, 2015; and WHEREAS, in 2012, City staff identified the Inter-Modal Transportation Hub - Accelerating Community Access (ITH-ACA) project, which included a complete reconstruction of the Ithaca Commons as the major inter-modal transportation hub in the area; and WHEREAS, in 2012 the City applied for and was successful in obtaining a Federal Transit Agency State of Good Repair grant, in the amount of 4.5 million dollars, and a New York State Empire State Development Grant in the amount of 1.8 million dollars, to begin Phase 1 of the ITH-ACA project; and WHEREAS, the City is currently undertaking Phase I Commons Reconstruction, and is continuing to develop plans for subsequent phases of the ITH-ACA project in order to enhance the transit network, improve interconnectivity between the downtown transit hub and Cornell, the region's major educational and employment center, as well as facilitate economic development, improve public transit reliability, and make transportation more accessible for all economic classes; and WHEREAS, the City is interested in applying for a TIGER FY 2015 grant in order to obtain funding for the second phase of the ITH-ACA project; and WHEREAS, City Planning and Engineering staff are preparing an application that will include, but not be limited to, the following components: • Upgrades to the public transit network that include intelligent transportation system (ITS) upgrades which would allow for remote real-time transit information, and • A complete reconstruction of College Avenue and Cayuga Street, including, wider sidewalks, enhanced opportunities for outdoor commerce, and safer transit routes that reduce conflicts of parked vehicles, bus, and vehicular traffic, and • Enhancements to the Transit Network, including new bus shelters at the Albany Street and State Street Stations, queue jumping, signal pre-emption, upgrades to buses, and signals that allow for more reliable bus route times; and • A complete reconstruction of the major transit routes along the Stewart Avenue Corridor and Albany Street. And WHEREAS, the Phase II components of the ITH-ACA project are expected to represent a large investment in the transportation system that will help maintain a state of good repair for major transit routes, enhance pedestrian networks, increase livability and sustainability, encourage and support economic growth and activity, and improve and enhance connectivity between downtown and Cornell University; and WHEREAS, State of New York and City of Ithaca environmental quality review laws and regulations define as "Type II" (i.e., exempt from environmental review) actions that involve "conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action"; now, therefore be it RESOLVED, That, as a preliminary step intended to determine the economic feasibility of transportation improvements, including those listed above, the Mayor of the City of Ithaca, or his designee, is hereby authorized to submit a TIGER FY 2015 application for funding to the United States Department of Transportation (USDOT) in accordance with the provisions of the Notice of Funds Available; and, be it further RESOLVED, That, upon approval of such request, the City shall conduct environmental review as required, for the projects proposed to be undertaken pursuant to the TIGER FY 2015 grant; and, be it further RESOLVED, That, upon approval of said TIGER FY 2015 grant to the City, or any portion thereof, and upon completion of all necessary environmental review of the components of said project and approval of the same by Common Council, the Mayor, or his designee, is hereby authorized to enter into and execute a project agreement with the USDOT, or its designee, for the construction, and construction inspection of the TIGER FY 2015 application as submitted by the Mayor, approved by the USDOT, and as approved and/or modified by environmental review and any other applicable City of Ithaca review process; and, be it further RESOLVED, That Common Council hereby confirms its intention to commit funds in an amount not to exceed $2,500,000.00 (to be derived from serial bonds), contingent upon an award of funds from the TIGER FY 2015 program and completion of environmental review. RESOLVED, That except as explicitly amended in this resolution, Common Council's previous resolutions concerning the Project, as referenced above, still remain in full force and effect; and, be it further RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary agreements in connection with the Project; and, be it further RESOLVED, That this resolution shall take effect immediately. 14. MAYOR'S APPOINTMENTS: 14.1 Appointment to Bicycle Pedestrian Advisory Council — Resolution RESOLVED, That Katrina Moraine be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2015, and be it further 14.2 Appointment to Plannnq and Development Board — Resolution RESOLVED, That Robert Aaron Lewis be appointed to the Planning and Development Board to fill a vacancy with a term to expire December 31, 2015, and be it further 14.3 Appointments to Youth Bureau Advisory Board — Resolution RESOLVED, That Mary Klippel be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2016; and, be it further RESOLVED, That Jason Hecht be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2017; and, be it further RESOLVED, That Marc Vesci be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2017.