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HomeMy WebLinkAbout05-04-16 Common Council Meeting Agenda OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 4, 2016, 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: 3.1 Presentation of"Giving is Gorges Day" Proclamation 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Conservation Advisory Council Presentation on Their Draft Report Regarding Storm Water 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR—COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 GIAC - Request to Amend 2016 Roster- Resolution 8.2 Youth Bureau — Request to Amend 2016 Budget— Resolution 8.3 Ithaca Fire Department - Purchase of Fire Police Vehicle - Resolution 8.4 DPW—Approval of Boat Storage Rack Construction Funding - Resolution 8.5 DPW-Agreement with Tompkins County Soil and Water Conservation District for Coordination and Implementation of the Cayuga Lake Watershed Hydrilla Project in the Cayuga Inlet, Fall Creek and Southern Cayuga Lake for 2016 - Resolution 8.6 Ithaca Fire Department - Request to Establish Capital Project for Technical and Urban Search Rescue - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Working Group to Propose Restructuring of Boards and Committees - Resolution 9.2 DPW-Approval of Assessments for Sidewalk Construction Costs for Portions of Cornell Street and Hancock Street - Resolution 9.3 DPW- Establishment of a Capital Project and Funding to Replace a Portion of the Sanitary Sewer Main Along the South Hill Trail above Renzetti Place - Resolution Common Council Agenda May 4, 2016 Page 2 9. CITY ADMINISTRATION COMMITTEE (Continued): 9.4 DPW - Establishment of a Capital Project to Replace Water and Sanitary Sewer Mains on the 200 Block of Dryden Road 9.5 DPW - Additional Budget Authorization for Water Treatment Plant Improvement Project - Resolution 9.6 DPW - Request for Funding for Engineering Services Agreement for Mechanical Thickening, Grit Removal and Administration Building Improvements Design Study - Resolution 9.7 IFD - Approval of Staffing for Adequate Fire and Emergency Response (SAFER) Grant — Resolution 9.8 City Controller's Report NOTE:[Resolutions Pertaining to the 401 Lake Street Property have not been Included with this agenda, but will be included on the June agenda.] 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Water & Sewer Workshop 10.2 Resolution to New York State Concerning Property Taxes on Resale Restricted Homes 10.3 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning," To Establish the Cherry Artspace Planned Unit Development Zone 10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 entitled "Zoning", Article VA entitled "Telecommunications Facilities and Services", §325-29.9 related to the "Fall Zone and Setback Requirements for Tier Three Personal Wireless Service Facility's (PWSF), to Lower the Required Fall Zone to 120% of the Height of the Tower" A. Declaration of Lead Agency — Resolution B. Determination of Environmental Significance — Resolution C. Adoption of Ordinance 10.5 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 164, Entitled "Dogs and Other Animals" To Prohibit the Feeding of Waterfowl on City Property 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER — FILED RESOLUTIONS: 14. MAYOR'S APPOINTMENTS: 14.1 Appointment to Public Art Commission - Resolution Common Council Agenda May 4, 2016 Page 3 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 16.1 Announcement of the City of Ithaca Urban Renewal Agency Continuation Of the Selection Process for Projects that will be Funded by the 2012 Entitlement Grant Round 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the April 6, 2016 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, CIVIC City Clerk Date: April 28, 2016 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 GIAC - Request to Amend 2016 Roster - Resolution WHEREAS, the Greater Ithaca Activities Center (GIAC) has proposed to add two (2) full time (35-hours each) GIAC Program Leaders to the roster; and WHEREAS, these positions will provide opportunities for internal promotion for qualifying GIAC Program Assistants; and WHEREAS, the work performed by these positions will support GIAC programming effectively; and WHEREAS, GIAC's 2016 budget as approved includes funding for these positions; and WHEREAS, no additional funds are being requested for these positions; now, therefore be it RESOLVED, That the Personnel Roster of GIAC shall be amended as follows: Add —Two (2) GIAC Program Leader Positions (35-hours each) And, be it further, RESOLVED, That while the additional positions are filled via promotion, the 2 GIAC Program Assistant positions shall remain vacant; and, be it further RESOLVED, That said roster amendment will be made within the existing funds of the 2016 authorized GIAC budget. BACK-UP ITEM 8.1 CITY OF ITHACA 301 W. Court Street Ithaca, New York 14850 ••' faa �''�........ .r`'t� GRF:A'fER 1'1'}IAt'A ACTIVITIES UNTF.R ObAA'EEti Telephone: 60-2"2-362 2 Fax 60-2-2-0250 To: City Administration Committee From: Leslyn McBean-Clairborne, GIAC Directo Re: 2016 Roster Amendment Date: March 9, 2016 GIAC is requesting permission to add two (2) full-time Program Leader positions at 35-hours each to its 2016 roster. These positions will be promotional opportunities for current Program Assistants who have qualified on the Civil Service exams and who have been carrying out the duties of Program Leaders for years without the compensation associated with such positions. Funds are in the approved 2016 GIAC budget for these positions. ., 'S1n Equal t)pppz'tuniti Eanpfu}cr with a commitment to non-6hncc tlit•criticatiun" �� 8.2 Youth Bureau — Request to Amend 2016 Budget— Resolution WHEREAS, the Ithaca Youth Bureau has requested to amend the 2016 budget due to the award of a Tompkins County Tourism grant; and WHEREAS, the money received from this grant will be used to purchase equipment for Ithaca Bike Rental as proposed in the grant; and WHEREAS, this amendment requires no additional funds from the City; now, therefore be it RESOLVED, That Common Council hereby amends the 2016 Youth Bureau Budget as follows: Increase expenses: A7310-5460-1203 $5,000 Increase revenues A7310-2070-1203 $5,000 BACK-UP ITEM 8.2 "I Bur, Ithaca Youth Bureau 1? 1 James L.Gibbs Drive Ithaca, New York 14850 Phone: (607)273-8364 Fax: (607) 273-2817 "Building a foundation For a lifetime," RIiY� TO: City Administration Committee FROM: Liz Vance, Director RE: Amendment Youth Bureau 2016 Budget DATE: April 8,2016. We are requesting permission to amend the 2016 Youth Bureau budget due to the award of a Tompkins County Tourism Grant. The money will be used to purchase equipment for the Ithaca Bike Rental Program. Increase expenses: Account 4 A 7310-5460-1203 $5,000 Increase revenues Account #A7310-2070-1203 $5,000 This request does not require any additional funds from the City. Thank you. "An Equal Opportunity Employer with a commitment to workforce diversification." 8.3 Ithaca Fire Department - Purchase of Fire Police Vehicle - Resolution WHEREAS, the Ithaca Fire Police is a unit of the Ithaca Fire Department comprised of members of Neriton Fire Company No. 9; and WHEREAS, the Ithaca Fire Police Unit responds to emergencies requiring traffic and crowd control; and WHEREAS, the work of the Fire Police involves the use of barricades, flares, portable traffic control signs, scene lighting, and traffic cones; and WHEREAS, the Ithaca Fire Department does not have a vehicle to permanently store and make available for use for carrying traffic control equipment; and WHEREAS, the members of the Fire Police Unit currently use their personal vehicles to transport traffic control equipment to emergency incidents; and WHEREAS, Neriton Fire Company No. 9 has offered to fund the purchase of a vehicle, up to twenty thousand dollars ($20,000); and WHEREAS, Neriton Fire Company No. 9 has offered to provide funding for retrofitting, and major repairs of the Fire Police vehicle; and WHEREAS, the City Attorney has recommended that the Fire Police Vehicle be owned by the City of Ithaca for it to be eligible for insurance and registration under the City of Ithaca; and WHEREAS, the Fire Police Vehicle, when not in use, will be parked or stored on City owned property; and WHEREAS, the Fire Chief supports the request of Neriton Fire Company No. 9 to purchase a vehicle for the Fire Police Unit; now, therefore be it RESOLVED, The Common Council of the City of Ithaca approves the acceptance of funds from Neriton Fire Company No. 9 for the purchase of a vehicle for the Fire Police Unit; and, be it further RESOLVED, That the proceeds of the Fire Company No. 9 gift shall be placed in revenue Account A3410-2705-122050; and, be it further RESOLVED, The funds provided by Neriton Fire Company No. 9 for the purchase of a Fire Police Vehicle shall be transferred to appropriation Account A3410-5215- 12250; and, be it further RESOLVED, The funds provided by Neriton Fire Company No. 9 for retrofitting, and major repairs to the Fire Police Vehicle shall be transferred to appropriation Account A3410-5476-12250; and, be it further RESOLVED, The cost of registration, insurance, fuel and routine maintenance will be paid for out of existing Fire Department funding; and, be it further RESOLVED, The Common Council authorizes the purchase of a Fire Police Vehicle at a cost not to exceed funds provided by Neriton Fire Company No. 9; and, be it further RESOLVED, The Common Council authorizes the retrofitting and major repairs of the Fire Police Vehicle not to exceed funding provided by Neriton Fire Company No. 9. BACK-UP ITEM 8.3 CITY OF ITHACA ~ 310 West Green Street Ithaca, New York 14850-5497 ` OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 Memo To: Common Council From: Tom Parsons, Fire Chief Date: March 10, 2016 Re: Fire Police Vehicle Neriton Hose Company Number 9,which is the organization representing the volunteer members of the Ithaca Fire Department, has offered to fund the purchase a used "van type"vehicle for use by the Fire Police Unit. The vehicle will be used for storage and transportation of barricades, flares, portable traffic control signs, scene lighting, and traffic cones. The fire department has a pickup truck that the fire police can use for this purpose, but the vehicle cannot be dedicated to storage of this equipment as the vehicle is used for other transportation needs related to operations, training, and fire prevention. The proposal, which I support, is to use funds donated by Company No. 9 to purchase a used van type vehicle. Additional funding will be provided by Company No. 9 to paint, letter, and outfit with the vehicle with safety lighting. The vehicle would be owned by the City of Ithaca, insured under the Fire Department's Insurance Policy, and registered to the City of Ithaca. Routine maintenance and fuel for the vehicle will be provided by the fire department using current fire department funds. I anticipate the use and associated costs to maintain the vehicle to be fairly low and will not significantly impact our budget. The vehicle will be stored either at one of the Fire Stations or DPW and will be under the control of the Fire Department. If you have any questions, please don't hesitate to contact me. 8.4 DPW—Approval of Boat Storage Rack Construction Funding - Resolution WHEREAS, a proposal to install, maintain, and license 5 boat storage racks at a total of 4 locations within Stewart and Cass Parks was approved by Common Council on March 2, 2016; and WHEREAS, the capital cost to construct the boat storage racks is estimated to be $5,000 with a revenue stream to the City expected to be $6,000 per year; and WHEREAS, funds to pay for the initial installation will come from account A7111- 5483, Parks and Forestry Construction Supply, which were not anticipated in the 2016 Department of Public Works budget; now, therefore be it RESOLVED, That Common Council authorize the transfer of$5,000 from unrestricted contingency to account A7111-5483. 8.5 DPW -Agreement with Tompkins County Soil and Water Conservation District for coordination and implementation of the Cayuga Lake Watershed Hydrilla Project in the Cayuga Inlet, Fall Creek and Southern Cayuga Lake for 2016 - Resolution WHEREAS, the Tompkins County Soil and Water Conservation District (District) is working to eradicate the Invasive Hydrilla plant from the Cayuga Inlet, Fall Creek, adjacent tributaries, and the southeast corner of Cayuga Lake; and WHEREAS, the Finger Lakes-Lake Ontario Watershed Protection Alliance (FLLOWPA) has received NYSDEC administered grant funding (Aid to Localities Contract No. C304750) for hydrilla eradication efforts (including in-field management/treatment, extensive plant community and hydrilla tuber monitoring), and WHEREAS, NYSDEC requires a "full reimbursement" process for Hydrilla Project activities, including coverage of all up-front Project costs before NYSDEC funds can be accessed and reimbursement requested; and WHEREAS, the District does not have appropriate funding on hand to cover up-front Project costs, but must continue the coordination and implementation of critical Hydrilla Project activities with the Hydrilla Task Force to ensure Project success; and WHEREAS, in order to make this a possibility and cover the needed up front $300,000 project costs, the City of Ithaca has combined with Tompkins County to lead the funds with a later reimbursement; now, therefore be it RESOLVED, By the City of Ithaca that, 1.) The City of Ithaca enters into a contract with Tompkins County Soil and Water Conservation District to provide local funding support of$100,000 for Hydrilla Project activities for the 2016 treatment season. 2.) The Tompkins County Soil and Water Conservation District (on behalf of the Hydrilla Task Force of the Cayuga Lake Watershed), will secure sub- contracts with Project contractors in order to implement necessary in-field Hydrilla Project activities, including hydrilla management and eradication treatments, and plant community and hydrilla tuber monitoring. 3.) Tompkins County Soil and Water Conservation District will submit reimbursement requests to NYSDEC via FLLOWPA for Project costs incurred during the 2016 treatment season. Reimbursement requests will be submitted on a quarterly basis (per NYSDEC contract terms). Reimbursement funds will be sent to TCSWCD, which will then be sent to the City of Ithaca. BACK-UP ITEM 8.5 GpUN�Ygp Tompkins County Soil and Water Conservation District 4�` Z 170 Bostwick Road—Ithaca,NY 14850 0 a Telephone: (607)257-2340 Fax: (607)257-7896 Dear Mayor Myrick, The Hydrilla Task Force of the Cayuga Lake Watershed(HTF)has been responsible for coordinating and implementing the Cayuga Lake Watershed Hydrilla Project(Project) since the discovery of the highly invasive aquatic plant species Hydrilla(Hydrilla verticillaia) in the Cayuga Inlet in August of 2011. Project activities fall into three primary components: 1. Hydrilla management and eradication treatments 2. Plant community, hydrilla tuber, and water quality monitoring 3. Public education and outreach These critical Project initiatives have been funded through multiple grants from state and Federal sources, including: • Fish and Wildlife Service-Aquatic Nuisance Species Grant (FWS-ANS. Federal) • National Fish and Wildlife Foundation-Pulling Together Initiative(NFWF-PTI. Federal) • NYS Department of Environmental Conservation(NYSDEC. State) • NYS Office of Parks, Recreation and Historic Preservation (NYS Parks. State) The NYSDEC grant remains a"full reimbursement"process,requiring that all Project expenses be covered up- front before funding can be accessed and reimbursement requested. At this time.the Tompkins County Soil and Water Conservation District(TCSWCD), a primary stakeholder and permit/contract holder for the HTF, does not have the available funds on hand to cover up-front Project costs. This continues to create a scenario where the HTF is unable to access the much needed NYSDEC funding to help cover the costs of critical Project activities. Given the annual funding needs for the Project and the current constraints put in place by the NYSDEC grant contract,the Tompkins County Soil and Water Conservation District is requesting the Citv of Ithaca provide local funding support for the Project in the form of a $100,000 "bridge loan."A similar request has also been made to Tompkins County for local funding support of$200,000 for the Project in 2016, and a contract between the County and TCSWCD is now in place. Similar to the local funding agreement between the City and TCSWCD in 2015 (for$100,000),these local funds will be utilized to cover the up-front costs of the most critical Project components during the 2016 treatment season(June 2016—December 2016). This includes in-field management and eradication treatments, and extensive monitoring and sampling of hydrilla/plant communities. Following payment of up-front Project costs using local funds,reimbursement requests will be made to NYSDEC at the end of the Third and Fourth Quarters of 2016(September 30 and December 31,respectively). A full contract already exists between FLLOWPA and NYSDEC for allocated Hydrilla Project funding(Aid to Localities Contract No.: C304750). TCSWCD will submit reimbursement requests to FLLOWPA for Project costs incurred in 2016. FLLOWPA and NYSDEC will process these requests,release funds,and send payment to TCSWCD. TCSWCD will then replenish the local funding provided by the City of Ithaca. Current and anticipated grant funding from FWS-ANS and NYS Parks for 2016 will be used to fill any gaps not covered by NYSDEC funds. Any questions or requests for additional information can be directed to: James Balyszak (Program Manager, Hydrilla Task Force) 170 Bostwick Road Ithaca,NY 14850 Phone: 607-254-1715 Email: 4R Jon Negley(District Manager,Tompkins County Soil& Water Conservation District 170 Bostwick Road Ithaca,NY 14850 Phone: 607-254-1718 Email: The Hydrilla Task Force and its stakeholders greatly appreciate the City of Ithaca's continued interest and willingness to support the ongoing Cayuga Lake Watershed Hydrilla Project. We look forward to continuing local collaborative efforts, which will help to secure the long-term viability of the Hydrilla Project and the positive long-term benefits to the local community,commerce and freshwater ecosystems. Sincerely, Jonathan Negley District Manager,Tompkins County Soil& Water Conservation District CC: Steve Thayer(City Controller) Mike Thorne(Superintendent of Public Works) BACK-UP ITEM 8.5 CONTRACT FOR SERVICES Made this day of , 2016 between the CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street,Ithaca,New York(the"City"), and TOMPKINS COUNTY SOIL& WATER CONSERVATION DISTRICT, with offices located at 170 Bostwick Road,Ithaca,NY 14850(the"District"). WITNESSETH: WHEREAS, The Tompkins County Soil and Water Conservation District(District) is working to eradicate the invasive hydrilla plant from the Cayuga Inlet, Fall Creek, adjacent tributaries, and the southeast corner of Cayuga Lake, and WHEREAS,the Finger Lakes-Lake Ontario Watershed Protection Alliance(FLLOWPA), of which the District is a member, has received New York State Department of Environmental Conservation(NYSDEC)administered grant funding(Aid to Localities Contract No. C304750)for hydrilla eradication efforts(including in-field management/treatment,extensive plant community and hydrilla tuber monitoring)with such efforts referred to here as the"Hydrilla Project",and WHEREAS,NYSDEC requires full reimbursement for Hydrilla Project activities, including coverage of all up-front Project costs before NYSDEC funds can be accessed and reimbursement requested,and WHEREAS,the District does not have appropriate funding on hand to cover up-front Project costs, and requires funding to continue the implementation of critical Hydrilla Project activities, and WHEREAS, in order to make this a possibility and cover the needed up front$300,000 project costs,the City of Ithaca has combined with Tompkins County to lend the funds with a later reimbursement; NOW, in consideration of the covenants, conditions,and provisions contained herein, it is hereby AGREED as follows: 1. The City agrees to provide local funding support to the District in an amount not to exceed$100,000 for the 2016 treatment season of the Hydrilla Project. The term of this agreement is for the period of April 1, 2016 through December 31,2016. 2. The funding described in paragraph 1 will be delivered to the District in a lump sum within thirty (30) days of execution of this Agreement. 3. Using the funds from the City provided under this Agreement and funds received from Tompkins County under separate agreement,the District will secure and administer all necessary sub-contracts in order to implement the in- field Hydrilla Project activities, including hydrilla management and eradication treatments, plant community and hydrilla tuber monitoring, and water quality analysis. 4. The District will submit reimbursement requests to NYSDEC via FLLOWPA for Project costs incurred during the 2016 treatment season. Reimbursement requests will be submitted on a quarterly basis(per NYSDEC contract terms). Reimbursement funds will be sent to the District,which will then be sent to the City of Ithaca. 5. The relationship of the District to the City is that of an independent contractor. As such,the District shall receive no fringe benefits from the City including but not limited to medical insurance, retirement benefits, workers' compensation, disability, unemployment insurance or any other benefits or remuneration other than that set forth in paragraph 1 hereinabove. 6. The District will review Hydrilla Project progress with the Hydrilla Task Force and submit any information at the Task Force's request. The District agrees to provide services as outlined in the NYSDEC grant(Aid to Localities Contract No. C304750), and as submitted to the City's Common Council and the Tompkins County Legislature. 7. The District agrees to comply with any audit of its records or auditing procedure that may be required by virtue of entry into this Agreement. 8. The City may terminate this contract at any time without cause, in which case the District shall be paid pro rata for the satisfactory work performed to date of termination. 9. The District shall indemnify, hold harmless and defend the City and its officers, employees, agents and elected officials from and against any and all claims and actions brought against the City and its officers, employees, agents and elected officials for injury or death to any person or persons or damage to property arising out of the performance of this agreement by the District, its employees, subcontractors or agents with the exception of all actions and claims arising out of the negligence of the City. The District shall maintain minimum limits of insurance as required by law or as acceptable by the City,whichever is greater. 10. The District shall not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender,height, immigration or citizenship status, marital status, national origin,race,religion, sexual orientation, socio-economic status, or weight. 11. In accordance with the provisions of Section 109 of the New York General Municipal Law,the District is hereby prohibited from assigning,transferring, conveying, subletting or otherwise disposing of this agreement to any person or corporation without the prior written consent of the City. 12. Workers' Compensation and Disability Coverage: A condition for entry into this agreement is the presentation by the District to the City of Ithaca of either proof that the District provides the levels of workers' compensation and disability coverage required by the State of New York or that the District is not required to provide such coverage. 13. This Contract shall be governed by and construed in accordance with the laws of the State of New York and the City of Ithaca Charter and Municipal Code. The parties agree that the Supreme Court of the State of New York, held in and for the County of Tompkins, shall be the forum to resolve disputes arising out of either this agreement or work performed according thereto. TOMPKINS COUNTY SOIL& WATER CONSERVATION DISTRICT: BY: DATE: [Name of Individual Signing] SS#or Federal ID# CITY OF ITHACA: BY: DATE: Svante Myrick, Mayor BY: DATE: Department Head APPROVALS AS TO FORM: BY: DATE: City Attorney CITY CONTROLLER: BY: DATE: City Controller CITY ADMINISTRATION COMMITTEE: DATE: Chairperson 8.6 Ithaca Fire Department - Request to Establish Capital Project for Technical and Urban Search Rescue - Resolution WHEREAS, the City of Ithaca Fire Department (IFD) was awarded $79,400 under the FY 2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program; and WHEREAS, the funding for this initiative is provided by the federal Department of Homeland Security's State Homeland Security Program (SHSP), and administered by the New York State Division of Homeland Security and Emergency Services; and WHEREAS the award provides reimbursement for the purchase of trench rescue team equipment, and the personnel costs for trench rescue equipment training; now, therefore be it RESOLVED, That Common Council hereby authorizes the Controller's Office to establish Capital Project#829 IFD Technical and Urban Search and Rescue in the amount not to exceed $79,400 with all funds issuing from the FY 2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program. BACK-UP ITEM 8.6 4DNEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCY SERVICES Andrew M.Cuomo,Governor Jerome M.Hauer,Ph.D.,MHS,Commissioner October 16,2014 Honorable Svante Myrick Mayor,City of Ithaca City Flail 108 East Green Street Ithaca,NY 14850 Dear Mayor Myrick: I am pleased to announce that the NYS Division of Homeland Security and Emergency Services (DHSES)is awarding the City of Ithaca$79.400 in federal funding under the FY2014 Technical Rescue and Urban Search and Rescue(USAR)Grant Program. Funding for this initiative is provided by the federal Department of Homeland Security's State Homeland Security Program(SHSP). The performance period for this award is October 16.2014 through August 31, 2016. As outlined in your application,this funding is provided for local emergency response teams that provide technical rescue and USAR related services through equipment,training,exercise,and planning projects. All funding is subject to both New York State and federal guidelines and regulations. All capabilities developed through Federal FY2014 SHSP funding are required to be deployable regionally and nationally per the Federal Funding Opportunity Announcement. A representative from DFISES' Grants Program Administration Unit will be reaching out to your grant point of contact shortly. If you have any questions about this program,please contact Beverly Riley at(518)242-5093. Congratulations on your award! We look forward to working with you to ad►nini r this program. Ic cerely, ome M.Hauer, Ph.D., MHS mmissioner cc: Lt. Scott Eaton, Ithaca Fire Department 1220 Washington Avenue, State Office Building Campus Building 7A, Suite 610 Albany, NY 12242 A. Description of Regional Partnership A.1.) Identification of Single or Regional Response Team Please provide the name of the Submitting Partner and Participating Partner(s)that are seeking to sustain, maintain or enhance Technical Rescue/USAR capabilities(or regional partnership, if applicable): Submitting Partner(only one) Participating Partner(s)(unlimited) City of Ithaca Fire Department A.2.) Description of Regional Partnership: Environment IPlease provide the name of the jurisdiction(s)served from the development of this capability: Tompkins County(Including Cayuga Heights, Lansing, Dryden,Varna, Freevitle, Etna,Groton, Newfield,Trurnansburg, Danby, Enfield,5laterville,and Brooktondale) Please provide the population of the jurisdiction(s)served from the development of this capability: The City and Town of Ithaca"s combined population is 50,000 residents with a greater population including the college residents and day time work force.Tompkins County has a population of 102,554. Please provide the approximate number of square miles that will be served from the development of this capability: City of Ithaca covers both the City and Town of Ithaca at an approximate 30 Square Miles.Tompkins county is 476 square miles. Please provide any additional details with regards to some of the geographical challenges that your specific emergency response team may face(proximity to areas prone to flooding,structurally vulnerable buildings,etc.): City of Ithaca is located centrally in Tompkins County. Ithaca and the surrounding area is made up of major elevation changes, which lend to a terrain with many gorge areas and river streams which empty into Cayuga Lake and adjacent valleys.The City of Ithaca is prone to flooding from ice dams and traditional sources.The building A.3.)Description of Technical Rescue/USAR Partnership: Personnel Table Number of Submitting Partner Number of Career Personnel ' Volunteer Personnel Total City of Ithaca Fire Department 63 10 73 Number of Participating Partners Number of Career Personnel Total Volunteer Personnel 0 0 0 0 Regional Partnership Number of Number of Career Personnel Regional Total (Submitting+Participating Partners) Volunteer Personnel' 7:3 L3 10 A.3.)Description of Technical Rescue/USAR Partnership: Technical Rescue and USAR Call Volume Submitting Partner 2011 Calls 2012 Calls 2013 Calls 2014 Calls Total City of Ithaca Fire Department 13 12 12 5 42 Participating Partners 2011 Calls 2012 Calls 2013 Calls 2014 Calls Total 0 0 0 0 Regional Partnership (Submitting+Participating Partners) 2011 Calls 2012 Calls 2013 Calls 2014 Calls Regional Total 13 12 12 5 42 Helpful Hint: The definition of a Technical Rescue and USAR call for the purposes of this application is: "A situation which necessitated the dispatch of a Technical RescuelUSAR response team and utilizing special equipment or devices normally only possessed by a Technical Rescue/USAR team." A.S.)Description of Regional Technical Rescue Partnership Directions: Applicants must provide sufficient detail the regional partnership or single emergency response team has coordinated planning,training,and or equipment acquisition activities prior to the development of this grant application. If no coordination has occurred previously, note this and explain how the new partnership will work in the future. Explanations should focus on how the partnerships have and'/or will benefit the region's ability to respond to technical rescue emergencies. Note: A"Notice of Endorsement"form is required as part of the application submission process, if you are applying as a Regional Partnership. A"Notice of Endorsement"template can be found in Appendix l3 of the RFA. Please see the RFA for further details on the requirements associated with submission o#the"Notice of Endorsement"form. � a 4 u A r4 x Axga s - a 6 q U E r E e u 4 c ^ r v a � E—may 4 u� � 4 s. 41 si Is ^ P H v1 ee.U m _ c '� _ w Woo s v _ oq 5 3 v 8 _$nn Z. - � CL a b c E c # x } w � w c a o c n w oq s a i o f c o?IS i U T n - .s " $ r3 G a � m C. Capability Enhancement Capability Enhancement Description Directions, Applicants must provide a brief description of their current Technical Rescue/USAR capabilities and highlight how their proposed budget for the 2014 Technical Rescue/USAR Grant Program funds will address identified capability gaps and also support the teams resource typing advancement. Please include reference to what your Resource Typing status for each specific discipline in accordance to with the NIMS/New York State Resource Typing System; please refer to the Resource Typing Sheets that you are submitting with your application as a reference. Additionally, please also articulate how your project requests will assist in increasing the region's.NIMS/New York State Typing Status. High Level Description Currently, IFD has established rope,water, confined space and trench resources. Rope rescue has been a mainstay of the department since 1988.1FD has a long;history of providing Type I rope rescue service throughout Tompkins County. Due to established water hazards and flooding issues(local and statewide),1FD began to build a comprehensive water rescue program in 1990.The 2012 technical rescue grant allowed WD to advance its water rescue program to a NJ MS Type II team. IFD current confined space equipment cache allows for a basic rescue operation (lout will need continued Projects Additional Instructions: For each project there are two(2)drop-down menus that the applicant must complete to appropriately link their projects back to the relative"New York State Homeland Security Strategy"Goals and Objectives as well as specific linkages to the search and rescue"Core Activities"that were outlined in the RFA. Once you have made these linkages, please complete the narrative sections, articulating your current capabilities,your current gaps,and how the proposed project will close those gaps. Additionally,where applicable, please indicate how this specific project will assist the emergency response team with advancing their current Typing Status. Project 1 Objective 1.2.Rased on capability analyses,identify,purchase,and maintain equipment for responders to safely detect, identify,and respond to CBRNE events" 3. Direct Search and Rescue Tactical Operations Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team (See Typing Sheet).Our gap analysis focused on equipment needs that are not Current Gaps: IFD's high-pressure air bags have reached the end of there useful life-span. 'During our gap analysis,we had our current air bags evaluated by two independent sources. Both recommended How Your Proposed Pro`ects Wi11 Close These Ga s: IFD will purchase a high pressure airbag kit that will meet the minimum requirements to be a Type 1.1 team,to include a master control unit.They will be Project 2 Please Select a NYS Strategy Objective Please Select the Corresponding Core Activity Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team(See Typing Sheet).Our gap analysis focused on equipment needs that are not easily addressed with local funding.The goal of project 2 is to acquire the equipment necessary to meet the requirements of a Type it(Operations)Trench Rescue Team and a future Type I (Technician)Team. Current Gaps: IFD has never had this resource in our equipment cache.A low-pressure kit is a requirement to meet NIMS Type 11 (Operations). In addition, it would aid IFD as we look toward future collapse rescue capabilities. How Your Proposed Projects Will Close These Gaps: IFD will purchase a low pressure airbag kit that will meet the minimum requirements to be a Type 11 team. No master control unit will be needed,as one will be acquired in project 1.They will be NFPA compliant. 1n our efforts to regionalize with Cayuga and Cortland Counties,the air bags will be compatible with Cayuga County's current system. Project 3 2. Develop and Maintain Training and Exercise Programs Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team (See Typing Sheet).Our gap analysis focused on equipment and training needs that are not easily addressed with local funding.The goal lof project 3 is to acquire the training necessary to meet the requirements of a Type II (Operations)Trench Rescue Team and a future Type I Team. Current Gaps:The majority of IFD personnel have not had updated trench rescue training(Operations or' Technician). Many of those who have are reaching the end of their careers. It is essential to provide the foundation training for new members and create a system to sustain the training as new members enter the organization.In addition,local partners have not been briefed on IFD's trench capabilities. How Your Proposed Projects.Will Close These Gaps:Project 3 will provide overtime and backfil[for IFD members involved with trench rescue training. IFD will run the entire department through an on-duty operations level training.Afterwards,select members would attend an off-duty technician level training. This will provide us with a strong base from which to continue to build our program. In addition, IFD will t i t 1 i j Project 4 2. Develop and Maintain Training and Exercise Programs Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team(See Typing Sheet).Our gap analysis focused on equipment needs that are not Current Gaps:The majority of lFD personnel have not had updated trench rescue training(Operations or Technician). Many of those who have are reaching the end of their careers.It is essential to provide the How Your Proposed Projects Will Close These Gaps:Project 4 will cover the fringe costs associated with the execution of project 3. Project 5 3. Direct Search and Rescue Tactical Operations Current Capabilities: IFD currently has much of the required equipment to be designated as a Type lI Trench Rescue Team (See Typing Sheet).our gap analysis focused on equipment needs that are not easily addressed with local funding.Tile goal of project 5 is to acquire the equipment necessary to meet Current Gaps: Our current small compliment Air Shores does not meet the recommended or required numbers and sizes.They are a recommended item for Operations Level and required for Technician(a future goal).Similar to the high-pressure airbags,the air shores IFD does have are also nearing the end How Your Proposed Projects Will Close These Gaps: IFD will purchase an air shore compliment(with struts and a variety of bases)that will meet the requirements to be a Type 11 team. They will be NFPA compliant. In our efforts to regionalize with Cayuga and Cortland Counties,the air shores will be compatible with Ca u a Count 's currents stem. Project 6 3. Direct Search and Rescue Tactical Operations Current Capabilities: IFD currently has much of the required equipment to be designated as a Type ll Trench Rescue Team(See Typing Sheet). Our gap analysis focused on equipment needs that are not Current Gaps: IFD currently has a small fraction of our existing trench rescue equipment on an undersized trailer(length and weight capability).We cannot currently carry the items necessary to be a How Your Proposed Projects Will Close These Gaps:A larger enclose cargo trailer will enable to deploy efficiently as a Type 11 and future Type I team. In addition,future structural collapse resources will be stared in this deployment vehicle. Project 7 Please Select a NYS Strategy objective Please Select the Corresponding Core Activity Current Capabilities: Current Gaps: D. Regional Implementation Plan Directions; Below please describe how your regional partnership or single response team will implement anchor deploy the projects outlined in your Budget in the areas of Planning, Equipment, Training and Exercises. Refer to your Budget Plan for specific reference to the POETS(Planning, Equipment,Training, Exercises)solution area for each Project. C.1.)Equipment-Please include a description of how the equipment requested will be stored,dispatched,and used in response operations within the regional and made available to regional partners,if applicable,upon request. The equipment listed in projects 1., 7 and 4 (air bags and air shores)will be stored in bath IFD`s Heavy Rescue and Technical Rescue Trailer(project 6). Both the Heavy Rescue and the Technical Rescue Trailer will respond to any activation (local or mutual aid).When dispatched by the Tompkins County 911 center,the Heavy Rescue responds from our Central Eire Station.An engine company from our South Hill Station connects the trailer to a dedicated tow vehicle that is kept on C.2.)Planning-Detail how planning activities(if applicable)will be implemented by your regional partnership and describe how such activities will address identified technical rescue and USAR capability gaps. While the grant does not request formal funding for planning activities,it does highlight its importance.As outlined, IFD will work with the Tompkins County DOER and local jurisdictions to improve technical rescue response plans. In addition, local funds will pay for regional briefings on IED's technical rescue capabilities. Lastly, IED will continue to explore a regional technical rescue partnership with Cayuga and Cortland Counties.As this partnership has demonstrated with hazmat,a regional approach helps close gaps by standardizing on compatible/complimentary equipment and training. None of us are as strong as all of us! C.3.)Training-identify all related training programs(if applicable)that will be funded by this grant program and identify Crow the training related to the emergency response teams capability enhancement goats. Please Note. Training funded under this grant program must be pre-approved by DHSES a d y a t o ro p 7 b- c Ea vi -e c Ilu ,ry o `° d a a u w y c a u CL u a a. y d ¢ a m G G r ro C v ao 0 0 C c ° -a a o .a -o a � � `c c u _ o u a u ti '^ o cci o of u c i- ra CL a N a YN 1p! 4 tg o E c 'a' C •m 96 Q u 1 m� � M1 y agi o r o ''_' u. a °c°� p C w e c•c o c w t2 c _ y n c D w _n d Y a d m y 5 A o c �m =' ¢ n o p o a � c`ti a o p d v v a00 v Qina A n 3 o y ¢ c c a 4 v b = E o a w •c �. 'r � � c c � � c c .G � c C N d0 G ry d n O O d d C w } LL w w d+ yj � 4 S � rdr q C C 41 G G C +r to 13 c .� F �' � u.l •C •G "'C .0 .0 IA al Z] \ " cif Tn w Gd C S3 w � 'o a a Ea a a n o o a E +n an3tw E � a Ei � M m c S a. E c ea c s c -c ., c 0 �` a �- '� p a ® u 2 u C S w ti - � C C F c •i "t O wi � r.K r,1 BACK-UP ITEM 8.6 CITY OF ITHACA ta~ 310 West Green Street Ithaca, New York 14850-5497 OFFICE,OF THE,FIRE CHIEF Telephone: 607,1272-1234 Fxx: 6071272-2 793 To: City Administration Committe� From: AC Rob Covert Ithaca Fire Department RE: 2014 Technical Rescue Grant 10 April 2016 The New York State Division of Homeland Security and Emergency Services (DHSES) awarded the Ithaca Fire Department (IFD)a Technical Rescue Grant for fiscal year 2014. The focus of the grant is to improve and expand IFD's trench rescue capabilities with updated equipment and training. The equipment was chosen based on New York State NIMS typing criteria with the goal of increasing interoperability with regional and state partners. The training will be delivered by DHSES personnel via a series of Ithaca based courses to provide needed skills and credentialing.The grant financial breakdown is as follows: Technical Rescue Equipment: $48,200 Cargo Trailer Project: $9,800 Training overtime and Backfill: $15,500 Personnel Fringe Costs: $5,900 The rescue equipment will be purchased on GSA Contract. The items include • Air Shores o Used to hold wood panels in place during trench operations o Used to stabilize vehicles during vehicle accidents o Provide limited structural collapse stabilization • Air Bags (Low, medium and high pressure) o Used to fill gaps between trench panels and trench o Provide lift capability ■ Vehicle Accidents ■ Industrial Accidents ■ Structural Collapse The Cargo Trailer(Draft Spec sheet attached)will allow storage and transportation of trench and other technical rescue equipment to the emergency operations scene. It will be towed by existing Ithaca Fire Vehicles Personnel budget line will enable Ithaca Fire Personnel to attend courses and provide backfill to maintain response capabilities during on-shift delivery. NYS Course descriptions attached. "An Ronal Oliporhinity Empinyrr with a rommirm(nt to wnrkforrr divrrsifiratinn." BACK-UP ITEM 8.6 Ithaca Fire Trench Rescue Series 2016 The following course will be delivered by the New York State Office of Fire Prevention and Control. Each course is a succession in a series to obtain New York State certification at the Trench Operations or Technician level. Trench Rescue -Awareness Level This course will discuss problems that can and do occur in trench rescue incidents. Safety techniques, shoring techniques, proper procedures, team operations, and hazard assessment will all be discussed and explained in depth. (8 Hours) • May 1 C Shift • May 3 D Shift • May 5 A Shift • May 7 B Shift Medium Structural Collapse Operations:Tools This two-day program will familiarize the student with the tools used in structural and excavation collapse related incidents.This is an intensive hands-on course and the students will be evaluated on the proper use of the tools provided. (16 Hours) • May 19-20 D Shift • May 21-22 A Shift • May 31-June 1 B Shift • June 2-3 C Shift Trench Rescue—Operations Level This two-day program consists of intense hands-on training in the field of trench rescue. The students will be taught several ways to shore trenches, the different types of extrication techniques, proper rescue site management, as well as the proper safety concepts needed to complete a safe and successful rescue. There will be live exercises in which the students will actually extricate a trapped victim from an open trench scenario. (16 Hours) • June 8-9 B Shift • June 10-11 C Shift • June 28-29 D Shift • June 30-July 1 A Shift Trench Rescue—Technician Level Designed to increase the skills learned in the basic trench rescue class. Rescue operations in intersecting, L-shaped, and deep trenches will be covered.Advanced trench rescue shoring techniques and concepts will also be shown. (16 Hours) • July 19-20 Delivery 1 • July 21-22 Delivery 2 Note: To encourage interagency cooperation, available class seats (based on maximum allowed students)will be offered to local and regional response partners. Classes will be offered based on partner response level. Potential agencies include: • Other City of Ithaca Departments • Ithaca Tompkins Regional Airport • Cornell University Environmental Health and Safety • Ithaca College Environmental Health and Safety • Auburn Fire Department • Cortland Fire Department 9. CITY ADMINISTRATION COMMITTEE: 9.1 Working Group to Propose Restructuring of Boards and Committees - Resolution WHEREAS, in 2011, the City of Ithaca contracted with an outside consulting firm to evaluate the city's organizational structure as it relates to performance measurement and efficiencies, resulting in what we now call "The Novak Report"; and WHEREAS, based on the Novak Report, the Common Council identified as a priority the task of performing a comprehensive analysis of the City's approximately 30 boards and committees; and WHEREAS, the Common Council now desires to complete that analysis and consider recommendations for restructuring many of the City's boards and committees (which shall, for purposes of this resolution, include commissions, councils other than the Common Council, and groups), though generally not the City's quasi-judicial boards and committees; now, therefore be it RESOLVED, That a Boards and Committees Restructuring Working Group ("BCRWG") shall be formed to gather input from existing boards and committees, and the public, on possible models for restructuring, and to propose to the City Administration Committee a realigned structure for the City's boards and committees that supports the following goals: 1. To create a structure in which volunteers and citizens effectively engage in order to drive change and address changing needs. 2. To make effective use of volunteer time and energy. 3. To create a structure in which volunteer committees can bring new ideas and initiatives forward to Council for adoption in an easy and consistent manner. To also create a structure in which Council and/or the Mayor can assign an emerging issue to a committee for research, public input, and analysis. 4. To define clearer relationships between City committees and Council. 5. To better utilize staff resources in order to most effectively empower the committees. 6. To be even more responsive to the needs of our community. 7. To make recruitment of new board members easier. 8. To create a structure that is fluid enough to be both proactive and reactive depending on the situation or issue. 9. To provide citizens better visibility and access into government and how to create change. and be it further, RESOLVED, That the Mayor shall select, recruit, and appoint seven members of the BCRWG as follows, who shall additionally be advised by the City Attorney: • Two present or former board or committee members • Two members of the Common Council • Two City staff with familiarity with the City's board and committee structure • The Chief of Staff; and be it further, RESOLVED, That a member of the BCRWG shall provide progress updates to the City Administration Committee at most meetings of the City Administration Committee. 9.2 DPW -Approval of Assessments for Sidewalk Construction Costs for Portions of Cornell Street and Hancock Street - Resolution WHEREAS, on May 7, 2012, the Board of Public Works directed new sidewalk construction by City forces along the west side of Cornell Street, between East State/Martin Luther King, Jr. Street. and Eastwood Avenue, in accordance with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works; and WHEREAS, after a recommendation from the Board of Public Works, Common Council created Capital Project# 779 in the amount of$50,000 for Cornell Street sidewalk construction and associated costs, with the understanding that approximately half of that amount would be recoverable under sidewalk assessments authorized under the Uniform Sidewalk Improvement sections of the City Charter; and WHEREAS, on June 4, 2012, the Board of Public Works directed new sidewalk construction by City forces along the north and south side of the 700 block of Hancock Street, in accordance with Uniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent of Public Works; and WHEREAS, the Cornell Street and Hancock Streets sidewalks were constructed by the City Department of Public Works in the summers of 2012 and 2013, respectively; and WHERAS, Common Council passed Local Law No. 3-2013, effective January 1, 2014, in essence modifying the City Charter's policy in regard to responsibility for sidewalk construction costs; and WHEREAS, in the context of the new law, and through the adoption of the 2014 Sidewalk Improvement District budget and work plan, the Board indicated their intent to share the costs of the new sidewalk between the adjacent property owners and the newly created Sidewalk Improvement Districts; and WHEREAS on June 9, 2014, the Board held a duly advertised public hearing in accordance with Section C-89 of the City Charter, in regard to apportioning and assessing sidewalk costs for both Cornell Street and Hancock Street construction, in accordance with plans and schedules of cost prepared by the Office of the City Engineer; and WHEREAS, on August 18, 2014, the Board of Public Works approved an apportionment of costs as shown in the attached schedule of costs prepared by the Office of the City Engineer, and recommended to Common Council to assess such apportioned costs to the adjacent property owners in accordance with Section 89 of the City Charter; now, therefore be it RESOLVED, That Common Council does hereby approve the apportionment of cost as approved by the Board of Public Works on August 18, 2014; and, be it further RESOLVED, That Common Council does hereby direct the Finance Department to assess the apportioned costs to the adjacent property owners as follows: Address Assessment 10 Cornell Street $ 5,364.06 1120 East State Street/ Martin Luther King, Jr. St. $ 5,515.63 622 Cascadilla Street $ 5,721.52 702 Hancock Street $ 3,393.00 710 Hancock Street $ 3,213.60 711 Hancock Street $ 273.00 BACK-UP ITEM 9.2 CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850-5690 — OFFICE OF THE CITY ENGINEER Telephone: 607/274-6530 Fax: 607/274-6587 To: Board of Public Works From: Tim Logue,City Transportation Engineer Date: August 4,2014 Re: Assessing a portion of new sidewalk costs along Cornell Street and Hancock Street to adjoining owners Please find attached a resolution and schedule of costs that will apportion costs for new sidewalk constructed on Cornell Street and Hancock Street in the past few years,abutting the following addresses: • 1120 E. Martin Luther King Jr./ State Street(side yard abuts Cornell St.) • 10 Cornell Street 702 Hancock Street • 710 Hancock Street • 711 Hancock Street • 622 Cascadilla Street(rear yard abuts Hancock Street). Earlier this year, in the context of forming the SID work plans and budgets, you indicated your preference to apportion half the sidewalk-related costs to the adjacent property owners and half the costs to the Sidewalk Improvement Districts (SID District 2 for Cornell Street work and SID District 3 for Hancock Street work). The SID budgets were adopted by Common Council on May 7, 2014, thus committing that funding. To begin the process to assess the other half of the new sidewalk costs, the BPW held a duly advertised public hearing on June 9f. At that time, one property owner raised some concerns about how the sidewalk area was calculated. Since then, staff has reviewed his survey, visited the location, and discussed with him how he felt the area should be calculated. After a number of exchanges,we are not able to come to an agreement.Staff feels confident in our methodology and recommends proceeding in that manner. We have notified him of our intent. To that end, please find attached a resolution approving the schedule of costs and recommending that Common Council make the assessments of costs accordingly. J:\Sidewalks and Curb Ramps\New Sidewalks\State and Cornell St CP 779\memo to BFW-assess costs of Cornell St and Hancock St new sidewalks_doc "An Equal Opportunity 6mplover with a commitment io xrorkforce elrversification. 101 - q^ q m L a m a k { f 2 - � - - -\ A #\ 9 m 4 q k ( t § ® s m � \ - \ 8 m @ ; < - \ \ & S\ @ S Q @ � � < - k ? ? \ \ § } ■ ` , \ \ § 9 \ \\ « « ) ) - - 2 0 . § ) b ( a ! in § § d .9 s a 0 ,J ej CL. ,fw in 0 14 iI'm 44 0 z 9.3 DPW - Establishment of a Capital Project and Funding to Replace a Portion of the Sanitary Sewer Main Along the South Hill Trail above Renzetti Place - Resolution WHEREAS, two sanitary sewer mains along the west end of the South Hill Trail have experience storm related high flows on at least two occasions since 2011 resulting in overflows which spilled onto the trail and along the south ditchline of Renzetti Place; and WHEREAS, the carrying capacity of the two mains is exceeded during high flows due to slope, size, and both mains being connected perpendicular to the flow in the Hudson Street sanitary sewer main at the same location; and WHEREAS, installing four new manholes and 463 feet of new 15 inch diameter pipe to make a new point of connection with the sanitary sewer main on Hudson Street downhill of the existing connection will provide both increased slope and a more hydraulically efficient transition in that the flows will be converging in the same direction; and WHEREAS, the Department of Public Works Water& Sewer Division staff has estimated the maximum cost for this project to be $36,000.00; and WHEREAS, a 41.57% share of the costs of this sanitary sewer project could be reimbursed by the Town of Ithaca under the Joint Sewer Interceptor Agreement in an amount not to exceed $14,965.20; and WHEREAS, the Department of Public Works Water& Sewer Division staff estimates its crews could complete this work in two to four weeks. Work would be scheduled for summer or fall of 2016; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project#630 with an amount not to exceed $36,000.00 to facilitate the construction of a 463-foot length of sanitary sewer main along South Hill Trail above Renzetti Place; and, be it further RESOLVED, That funds needed for said sewer main project shall be derived from the issuance of Serial Bonds or within existing Sewer Fund appropriations. O O O O O O O O O O O O O p O N N m N 0 0 0 0 0 0 0 0 0 0 N a1 .--i Ln O O Ln O Ln m O O O CY) O ~ -1 I, N (V m 0 lD w O O O O rn p d lD m e-4 Ln t' to .--i c-I m m m b• V L? to N V? L? i/? Ili m i! ry� E M W O O O O O O O O O O O w Ln 0 0 0 0 0 0 0 0 0 0 �- j r 4 O O O� 00 N O� 00 00 00 t/? t00 im/T t/? 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BACK-UP ITEM 9.4 BOARD OF PUBLIC WORKS CITY OF ITHACA, NEW YORK City of Ithaca DPW, Water and Sewer Division: Recommendation to Establish a Capital Project and Funding to Replace the Watermain and Sanitary Sewermain on the 200 block of Dryden Road — Proposed Resolution WHEREAS, the City's watermain on the 200 block of Dryden Road is 106 years old, originally constructed in 1910, and the City's sewermain is 120 years old, originally constructed in 1896; and WHEREAS, the current redevelopment of two parcels located in the 200 block of Dryden Road includes overhead electric and communications being moved to underground installations as well as the addition of a medium pressure natural gas main underground; and WHEREAS, the cost of replacing the City's water and sewer would be significantly higher if done after the new underground electric, communications, and gas have crowded the available space in the street right-of-way; and WHEREAS, the street surface, curb, and drainage are all in need of replacement and will be further disturbed necessitating a full depth street rebuild; and WHEREAS, in order to take advantage of a substantial cost savings the Department of Public Works Water and Sewer Division is requesting funding to perform this work which entails replacement of 385-feet of sanitary sewermain and 377-feet of watermain; and WHEREAS, City Department of Public Works Water & Sewer Division staff have estimated the maximum cost for replacement to be $236,000.00, reference attached estimate; and WHEREAS, City Department of Public Works Water& Sewer Division staff estimates our Crews would complete this work in six to eight weeks to be scheduled during the time frame from June 2016 to August 2016; now, therefore be it RESOLVED, That the Board of Public Works recommends that Common Council establishment of a capital project with funding not to exceed $236,000.00 to facilitate the construction of a replacement watermain, sewermain on the 200 Block of Dryden Road. 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N0 LL Y U cl GJ N p O 0 _ 0) 0 u CL 4+ m Q > 01 w O N Y a 0O L7 p cl C O p0 L m (J >= 01 p V) r a CL CL v v i o > ai E c>0 Y > CL > m 0 0 0 > N V O -O_ .— n. o a > O v Ln Q CL Ln m > L > U U u. N c a L 3 m � O CO O V m p 4 0 O M c (J 3 m L Ln m U CC m u O CL Z C� U U U Y U l7 Ln x a c E i✓1 c -0cu '- 0 E ) O - N N N N N >` \ \ \ _ - _ - r4 m O i m m 00 q r-i rl ri rH 2 m m c i > w -* � W Xk m F- H s 01 L ri N rn t Ln LD I, 00 M O r1 N m � Ln (.0 I� 00 0) 01 O rl N j ._ �„� C �--I e-7 rI rI rl r1 i--I ri ri -i rl N N N c w � +� E a� p m a E vYi >• CL ar 7 p +- 0) Z 0 U V 0 Ln o `r' N tY1 ah yNj} Y O N O v a oA co 0 G � Ll- Y � O O G 7 O d O u q0 G O G @ o 0 U M N 9.5 DPW -Additional Budget Authorization for Water Treatment Plant Improvement Project - Resolution WHEREAS, within the original design and contract for the Water Supply Project was for City's two clearwells at the Water Treatment Plant both to be relined and made watertight. The 1929 clearwell was successfully sealed and relined. The 1903 clearwell because of its condition cannot be sealed or relined; and WHEREAS, it is necessary to the function of the Water Treatment Plant and Water Distribution System that 1903 clearwell be replaced in that it both provides for balanced and efficient operation of the membrane filters and the required storage for emergency supply and fire flow; and WHEREAS, the City's Engineering Consultants for the project, O'Brien and Gere have estimated the maximum budget for replacement of the 1903 clearwell to be $1,250,000.00; and WHEREAS, the projected June 2016 contingency remaining in the project budget for Contract 4 under Capital Project 510 is $927,667.00, this includes expenditure of $50,000.00 to be used for Engineering design and construction phase services for the 1903 clearwell rebuild; and WHEREAS, the Assistant Superintendent for the City of Ithaca DPW Water and Sewer Division along with staff Engineers have reviewed, discussed, and determined that the additional project construction and engineering costs are in line with best practices, are necessary, and the Board of Public Works approved the additional budget authorization in the amount of$1,200,000.00 with the understanding that at the close of Contract 4 the balance of the contingency line will be all applied first towards this additional work to minimize the amount of the additional funds expended; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project#510 by an amount not to exceed $1,200,000 for a new total authorization of$37,900,000; and, be it further RESOLVED, That Common Council authorizes additional funding for Contract#4 under Capital Project 510 in an amount not to exceed $1,200,000.00; and, be it further RESOLVED, That at the close of Contract#4, the balance of the contingency line will be applied towards this additional work to minimize the amount of the additional funds expended; and, be it further RESOLVED, That Common Council authorizes additional funding for Capital Project 510 in an amount not to exceed $1,200,000.00 to be derived from the balance of the contingency line at the close of Contract#4 estimated to be $927,667 and the remaining amount of $272,333 would be derived from the issuance of Serial Bonds or with available funds from Capital Reserve#16 Water Sources Development. BACK-UP ITEM 9.5 OBG (There's a way March 10,2016 Mr.Erik Whitney,P.E. Assistant Superintendent City of Ithaca Department of Public Works 510 First Street Ithaca,NY 14850 RE: Water Supply Project-Status Report FILE: 1598/49288 Dear Erik: This letter serves to provide an update on the status of the Water Supply Project. We have prepared this project status report to document project progress,communicate budget status and provide an update to our proposed project budget compliance strategy. CURRENT PROJECT ACTIVITIES The following is a summary of the major activities as of March 7,2016. The design of all the project elements is essentially complete. The only pending design item is resolution of comments received from the New York State Department of Health(NYSDOH)on Contract No. 1 Sixty-Foot Reservoir and Dam Improvements.The Permit for work within the Sixty-Foot Reservoir was received from the New York State Department of Environmental Conservation(NYSDEC)on February 11,2016. With the receipt of the permit conditions from the NYSDEC,we can now incorporate the permit conditions and resolve remaining comments from the NYSDOH.We will update the contract documents and advertise for construction this spring. Limited active construction associated with site preparations is anticipated in 2016. The construction of the water treatment plant is progressing well.The pretreatment facilities have been in service since last summer and the commissioning of the first two membranes was completed on February 15, 2016. Treated water from the new processes is now being delivered through the rehabilitated 1929 clearwell to the City customers in the gravity zone.At the time of our last report in June of 2015,the construction completion date was projected to be November 2016. Since that time,delays have been encountered associated with establishing temporary chemical installations in heated enclosures, coordination of the start-up,testing,regulatory approvals associated with the commissioning of the completed membrane systems and preparations for the demolition of the existing facilities. The projected completion date is now December 19,2016. All parties have been working diligently and in a cooperative manner to minimize the cost impact of the delays,but the extended schedule will impact our budget. Note, the original construction budget was to cover 27 months of inspection,based on the revised contractors schedule a total of 42 months inspection will be required. 00, 333 West Washington Street,PO Box 4873 p 315-956-6100 OBG Syracuse,NY 13221-4873 f 315-463-7554 www.obg.com The NYSDEC Protection of Waters Permit for work within the Sixty-Foot Reservoir was received much later than anticipated and includes restrictions for when work can be performed within the reservoir. Consequently,it is clear that most of the construction will not be completed concurrently with the water treatment plant,as originally planned.The budget update included in this report is based on the assumption that construction support after completion of the water treatment plant will be accounted for in a separate budget,under development for the upgrade or de-commissioning of the City's four dams on Six-Mile Creek. Control System Integration-The design of the Process Control Panels has paralleled the design of instrumentation and control system for the water treatment plant,the wide area communication network and the design of the membrane control panels by Pall. The five scheduled process control panels have been designed,manufactured and tested.Four are in operation. The construction of the water treatment plant has provided an opportunity to complete a detailed inspection of the 1903 clearwell.This inspection revealed deteriorated concrete and new information on the original construction.Based on this new information,we recommend that the City perform a complete reconstruction of the clearwell storage tank,rather than the intended lining of the existing tank.The proposed tank,would be constructed inside the existing buried 500,000 gallon tank using cast-in-place concrete,with a membrane roof and fitted with new interior baffles,a new overflow,access hatches and vent. EARNED VALUE ANALYSIS The attached earned value analysis includes a task breakdown of the budget for professional services and our assessment of the percent complete for each task.Our invoices for professional services to date total$4,666,193 (period ending 2/6/16).Considering unbilled costs and projected commitments to subcontractors,our total expenditures to date are approximately$4,770,152.Our current authorization totals$4,750,000 which includes authorizations for Control System Integration and engineering assessment of the Sixty-Foot Dam described in our July 11,2014 letter.This authorization does not include the separate authorization for the Sixty-Foot dam safety upgrades. Based on the above analysis we are currently over the present authorization. As previously indicated,the budget needs are very closely linked to the contractors'construction schedules and timing of regulatory approvals. As noted above,the contractors currently project a construction completion date of December 2016.The project has advanced to the point where the level of office support and field inspection services have stabilized and are limited to inspection,responses to requests for information and assistance with change management.Additional budget,as indicated in our June 2015 project summary,to support ongoing inspection and office support during the contractors'extended schedule,will be required. Also,additional efforts have been expended regarding the Control System Integration to address temporary systems,flow metering,and coordination of the wide-area-network with the City's IT department. We have updated the overall estimated project budget as shown below,to illustrate how the impact of the project delays and developments,based on the ongoing need to support the project for ten months(from period ending 2/6/16 to project completion of 12/31/16),at same rate as has been required for the last few months, approximately$60,000.The projected budget shown below also includes the$50,000 for the design and office based engineering support during the construction of the replacement clearwell. This clearwell is anticipated to be designed and constructed concurrently with the completion of the water treatment plant to mitigate inspection and construction costs. The funding for the new clearwell could be achieved by either re-purposing funds originally intended for the Sixty-Foot Dam rehabilitation or a budget amendment of$1,250,000. OBG I THERE'S A WAY © 2016. ALL RIGHTS RESERVED 1 2 March 10,2016 \\Syrna0l\projects\Ithaca-C.1598\49288.Water-Supply- Pr\Corres\Ithaca\Protect Status Report_March 2016.docx PROJECT BUDGET UPDATE Based on the above discussion,an updated project budget is shown in the following table. This analysis reflects the current authorization,as well as the requested engineering fee increase. Bids have been received for 90%of the projected construction costs and approximately 58%of the work is complete.Based on these percentages and the contractors'projection of a December 2016 construction completion date,we feel these budget estimates are appropriate. In summary,based on the current project status,we are confident that the$36,369,969 authorized for this project is sufficient to complete the project as originally planned.The budget projections are based on an increased budget authorization of$1,250,000 to provide sufficient funds to construct a replacement tank for the 1903 clearwell. Description Authorization Projected Budget Sixty-Foot Dam and Reservoir Improvements* $3,000,000 $3,000,000 Water System Improvements $1,929,207 $1,929,207 Giles St.and Interconnection Building $4,462,917 $4,462,917 Water Treatment Plant Construction $17,577,209 $17,577,209 Membrane Equipment Purchase $3,122,969 $3,122,969 Subtotal Original Project $30,092,302 $30,092,302 Construct New Clearwell Storage Tank $1,200,000 Contingency $1,527,667 $927,667 Total Estimated Construction Cost $31,619,969 $32,171,086 Professional Services Engineering $4,250,000 $4,715,000 Control System Integration $500,000 $685,000 Total Estimated Project Cost $36,369,969 $37,619,969 *Estimated cost reflecting splitting the dredging,cofferdam and low level outlet costs with dam rehabilitation project. OBG THERE'S A WAY © 2016. ALL RIGHTS RESERVED 1 3 � March 10,2016 \\Syrna0l\projects\Ithaca-C.1598\49288 Water-Supply- GO Status Report March 2016.docx SUMMARY We are confident that the original project scope, excluding the construction phase support for rehabilitation of the Sixty-Foot Dam can be completed within the original budget.We project the replacement of the 1903 clearwell can be completed if the budget is increased to$37,619,969. We recommend establishing a separate project budget for the dam rehabilitation work that would include construction support after completion of the water treatment plant. Very truly yours, O'BRIEN&GERE ENGINEERS,INC. Richard E.Gell,P.E. Senior Managing Engineer cc: Michael Thorne Robert C.Ganley,P.E. \\Syrna0l\projects\Ithaca-C.1598\49288.Water-Supply-Pr\Corres\Ithaca\Project Status Report_March 2016.docx OBG I THERE'S A WAY J 2016. 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I have provided rationale for why we have prioritized the three areas. The design document and associated construction estimates will then be used to inform the SJC and associated legislative bodies and help determine what improvements we want to bid and seek funding for. Three Improvements 1. Administration Building Need Statement: The administration building has become inadequate with respect to laboratory needs, employee office space, employee bathroom and locker room space, security, trucked waste receiving log in and meeting and training space. In addition, the windows and skylights require significant heating and cooling energy during all seasons. The roof is thirty years old and needs to be replaced. 2. Mechanical thickening of biosolids Need Statement: The current practice of gravity thickening is inefficient and subject to seasonal variation due to biological activity thwarting the gravity settling of the solids. The energy requirements for heating the solids prior to anaerobic digestion can be reduced by 50% (currently one of the deficiencies that Johnson Controls is trying to improve as part of their obligation for energy performance). The use of these solids to generate energy in the digesters would be greatly enhanced by doubling to tripling their density prior to pumping to the anaerobic digesters. There are many ancillary benefits to proceeding along these lines. The atmosphere within the thickeners is hazardous and uncontrolled making it a daily risk for employees The state of the scraper mechanisms and associated steel structures are deteriorating as a result of the moist atmosphere and will require significant investment sooner rather than later. - We have built a large part of our infrastructure to enhance the acceptance of high strength organic matter to produce biogas. Mechanically thickening our biosolids and other thin solid waste will increase our biogas production and increase our capacity to accept more waste. Current revenue from our trucked waste is around $300k and current electricity production is worth $143,000 per year. Increases to both of these have real value to the rate payers and community. Mechanically thickening solids will result in doubling the solids concentration of solid feed to the digesters. The digester feed must be heated to 100 degrees F for anaerobic digestion. Doubling the solids content cuts the total feed rate in half which also cuts the energy required for heating in half - The greater detention time within the digesters as a result of the reduced volumes of material pumped to the digesters benefits the dewatering of our biosolids prior to disposal in several ways. Thicker solids being pumped to the dewatering equipment lowers the amount of time we have to run our dewatering equipment, produces a better quality biosolid product for potential beneficial reuse and lowers the amount of loading sent back into the process from digester overflows. - The improvements in the thickening will also allow us to mix both digesters which will increase biogas production. 3. New Grit Removal Need Statement: Since the start up of this plant the cyclone degritting of our primary settling tank residuals has been inefficient.. The current process allows grit to accumulate in the long channels ahead of the primary tanks which then need to be manually cleaned. In addition grit which is not removed settles in the anaerobic digesters. This reduces the capacity and efficiency of the digesters and creates requirement for digester cleaning. Removing digester from service for cleaning interrupts the process and reduces digester gas and energy production. The current practice also dumps the grit into the same trailer as the biosolids. When we do need to prepare biosolids for beneficial reuse we must separate the grit from the biosolids which is problematic. Putting in a new grit removal system in the area where the now unused lime silo and lime slaking equipment reside would greatly improve grit removal efficiency and allow the grit to be disposed of separately. The quality of the grit for disposal would also be greatly improved and potentially reduce odors. BACK-UP ITEM 9.6 AGREEMENT AMONG CITY OF ITHACA, TOWN OF ITHACA AND TOWN OF DRYDEN AND GHD CONSULTING SERVICES INC. THIS AGREEMENT is made this day of April, 2016 among the CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca, New York 14850, the TOWN OF ITHACA, a municipal corporation with offices at 215 N. Tioga St., Ithaca, New York 14850, the TOWN OF DRYDEN, with offices at 93 East Main Street, Dryden, New York 13053 (hereinafter collectively referred to as the "Municipal Owners"), and GHD CONSULTING SERVICES INC., a New York corporation with offices at One Remington Park Drive, Cazenovia, New York 13035 (hereinafter referred to as the "Contractor"). WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWTF) is owned and operated by the Municipal Owners, with oversight provided through a Special Joint Committee ("SJC") composed of representatives from the three Municipal Owners; and WHEREAS, Contractor completed an engineering study dated March 2016 to evaluate alternatives and provide recommendations for Primary Treatment and Anaerobic Digestion Improvements the IAWTF; and WHEREAS, on April 13, 2016, the SJC recommended approval of the March 2016 engineering report and recommended approval of a professional services contract with Contractor to perform the preliminary design phase of the recommended improvements at a cost not to exceed $159,000.00, contingent on approval by the Municipal Owners and attorneys. NOW, THEREFORE, the Municipal Owners and Contractor agree as follows.. 1. Services to be Performed. Contractor agrees to perform the services described in Schedule A, which is attached hereto and made a part hereof, pursuant to the schedule described in Schedule A. 2. Fees. The Contractor shall be paid a fixed amount of One Hundred Fifty-Nine Thousand Dollars and No Cents ($159,000.00) for services provided, including all travel, time and expenses associated with providing these services to the Municipal Owners. Payments will be made in accordance with the procedures in Section 5 below. 1 3. Term of Agreement. The term of this Agreement shall be from April _, 2016 to December 31, 2016 unless earlier terminated by the Municipal Owners or Contractor. Notwithstanding the term set forth above, this Agreement may be terminated by the Municipal Owners or Contractor at any time without cause upon seven (7) days prior written notice to the other party, in which case the Contractor shall be paid pro rata for the satisfactory work performed to the date of termination. This Agreement may be terminated immediately by the Municipal Owners or Contractor upon the breach of any of its terms by the other party. Termination shall be effected by the breaching party's receipt of a written notice of termination setting forth the manner in which the party is in default. In the event of Municipal Owners' termination for Contractor's default, the Contractor will be paid only for services performed in accordance with this Agreement. If it is later determined by the Municipal Owners that the Contractor had an excusable reason for not performing, such as a strike, fire, flood, or other events which are not the fault of or are beyond the control of Contractor, the Municipal Owners may allow the Contractor to continue work, or treat the termination as a termination without cause. 4. Quality of Work. The work to be performed hereunder shall be of good workmanship and quality. If this Agreement is for the performance of services, the Contractor shall perform its services using that degree of skill and care ordinarily exercised under similar conditions by experienced, qualified, competent and reputable professionals practicing in the same field in the same or similar locality at the time of performance. 5. Payment for Services. Requests for payments for services shall be submitted on the standard City of Ithaca voucher and will list the activities or products, expenses, the dates on which performed, supplied or incurred, and, if applicable, the time spent on each indicated date for which the Municipal Owners are being billed. The vouchers shall be submitted to the City on a monthly basis and shall be based upon the proportion of the fixed amount earned (the percentage of work satisfactorily completed through the date indicated on the voucher). Municipal Owners will pay for the services and/or products after they are reviewed and approved by the City on behalf of the Municipal Owners in compliance with their statutory duties to audit claims for payment. In no event will the total payments to Contractor exceed the fixed amount stated in Section 2 above. 6. Relationship. The Contractor is, for all purposes (including, without limitation, withholding of income tax and payment of FICA taxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. As an independent contractor, the Contractor shall receive no fringe benefits from the Municipal Owners, including but not limited to medical insurance, retirement benefits, workers' compensation, disability, unemployment insurance or any other benefits or remuneration other than that set forth in Section 2 above. Contractor shall determine the times and manner of 2 performance of any services for the Municipal Owners hereunder consistent with the overall obligations to complete the work contemplated by this Agreement. Contractor shall be free to devote such portions of its time not required for the performance of services to the Municipal Owners in such manner as Contractor sees fit and for such other persons, firms, or entities as Contractor deems advisable, provided that such other services do not constitute a conflict of interest with the interests of the Municipal Owners. 7. Ownership of Products of Service. All work products of any services to be performed hereunder shall be the property of the Municipal Owners, and the Municipal Owners are vested with all rights therein, including the right to use, duplicate, distribute, share or sell such materials, without any further compensation of any nature to Consultant. If patents or copyrights may be obtained with respect to such work, the Municipal Owners shall own same and have all rights to same without further compensation to the Consultant. The Consultant also retains the right to use the work products. 8. Insurance Requirements. A. Throughout the term of this Agreement, Contractor shall procure and maintain the insurance described in this Section 8. B. Notwithstanding any terms, conditions or provisions in any other writing between the parties, Contractor hereby agrees to effectuate the naming of the City of Ithaca, Town of Ithaca, Town of Dryden and Special Joint Committee as unrestricted additional insureds on Contractor's insurance policies, with the exception of workers' compensation and professional liability. C. The policies naming the City of Ithaca, Town of Ithaca, Town of Dryden and Special Joint Committee as additional insureds shall: • Be an insurance policy from an A.M. Best rated "secured" (or better) New York State admitted insurer. • State that the Contractor's coverage shall be primary coverage for the City of Ithaca, Town of Ithaca, Town of Dryden, Special Joint Committee and their respective Boards, officers, employees, members, agents and volunteers. • The City of Ithaca, Town of Ithaca, Town of Dryden and Special Joint Committee shall be listed as additional insureds by using endorsement CG 2010 or broader. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance. • Be written on an occurrence basis. 3 D. The Contractor agrees to indemnify the Municipal Owners for any applicable deductibles. E. Required Insurance: • Commercial General Liability Insurance $1,000,000 per occurrence/$2,000,000 general and products/completed operations aggregates. The general aggregate shall apply on a per- project basis. • Automobile Liability $1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. • Workers' Compensation and N.Y.S. Disability Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. • Excess Liability $2,000,000 per occurrence/$2,000,000 aggregate, with the City of Ithaca, Town of Ithaca, Town of Dryden, and Special Joint Committee named as additional insureds. • Professional Errors and Omissions Insurance $1,000,000 per occurrence/$2,000,000 aggregate for the professional acts of the Consultant performed under this Agreement. F. The insurance producer must indicate whether or not it is an agent for the companies providing the coverage. G. Contractor acknowledges that failure to obtain such insurance on behalf of the Municipal Owners and SJC constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the Municipal Owners. The Contractor is to provide the Municipal Owners with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Municipal Owners to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the Municipal Owners. 4 H. The Town of Ithaca and Town of Dryden are members/owners of the NY Municipal Insurance Reciprocal (NYMIR). The Contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only the City of Ithaca, Town of Ithaca, Town of Dryden and SJC, but also the NYMIR, as the Town of Ithaca's and Town of Dryden's insurer. 9. Workers Compensation and Disability Insurance. Prior to execution of this Agreement, the Contractor shall present to the Municipal Owners proof either that the Contractor provides the levels of workers' compensation and disability coverage required by the State of New York or that the Contractor is not required to provide such coverage. For reference purposes only an informational sheet and sample forms from the New York State Workers' Compensation Board are attached hereto in Schedule B. 10. Indemnity. The Contractor agrees to fully defend, indemnify and hold harmless the City of Ithaca, Town of Ithaca, Town of Dryden, SJC and their respective elected officials, public officers, Boards, employees, members and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the negligent or intentional wrongful acts or omissions of Contractor or Contractor's employees, agents or subcontractors, in connection with this Agreement. To the extent the Municipal Owners are negligent, Contractor's duty to indemnify the Municipal Owners shall not extend to the proportion of loss attributable to the Municipal Owners' negligence. For claims that fall within the scope of Contractor's professional liability insurance policy and no other insurance policy, Contractor's duty to defend shall be limited to the terms and conditions of Contractor's professional liability insurance policy (i.e., if Contractor's professional liability insurance does not provide for third party defense of such claims, Contractor shall not have the duty to defend Municipal Owners and the other entities listed above for such claims). 11. Nondiscrimination. The Contractor shall not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, national origin, race, religion, sexual orientation, socio-economic status, or weight. 5 12. Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent to such assignment from the Municipal Owners, which consent may be withheld entirely at the discretion of the Municipal Owners, it being understood that the Municipal Owners are making this Agreement personally with the Contractor and are not intending that it be performed by any other person or entity. 13. Binding Nature of Agreement. This Agreement is binding upon the parties, their respective representatives and successors and, when assignment is permitted, assigns. 14. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construed under the laws of the State of New York without regard to, or the application of, New York State's choice of law provisions. The parties consent that if any action is brought to enforce this Agreement, it shall be brought only in an appropriate Court in Tompkins County, New York, and the parties consent to the jurisdiction of such court. 15. Notices. Any notices or other communications given under or in relation to this Agreement shall be deemed duly given if served personally or by commercial courier service upon the other parties at the addresses set forth above, or if mailed by certified mail to the other parties at the addresses set forth above, return receipt requested. All notices shall be effective on a party upon the date of receipt. Any party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other parties. 16. Entire Agreement. This Agreement constitutes the entire agreement among the parties and supersedes any and all prior written or oral agreements, negotiations or understandings, existing among the parties. This Agreement may be amended only by written instrument signed by each party. 17. Survival. The rights and obligations of the respective parties under Section 10 (Indemnity), Section 13 (Binding Nature of Agreement), Section 14 (Governing Law, Jurisdiction, and Enforcement), and Section 18 (Claims and Disputes Arbitration) shall survive the expiration or termination (for any reason) of this Agreement and remain in full force and effect. 18. Claims and Disputes Arbitration. The Municipal Owners may elect to subject disputes arising out of this Agreement to resolution by mediation or arbitration or litigation. This election can be made at any time up until sixty (60) days after the claim or dispute arises in writing. If the Municipal Owners do not make an election, the dispute shall be subject only to litigation. Unless otherwise agreed by the parties at the time of such election, the rules governing mediation or arbitration invoked by the Municipal Owners shall be the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration 6 Association. Contractor hereby waives the right to elect the method of dispute resolution and agrees that this waiver is supported by sufficient and appropriate consideration. 19. Severability. If any provision of this Agreement is deemed to be invalid or inoperative for any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signed with the invalid portion so modified or eliminated. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year written below. CITY OF ITHACA By: Date: Svante L. Myrick Mayor TOWN OF ITHACA By: Date: Bill Goodman Supervisor 7 TOWN OF DRYDEN By: Date: Jason Leifer Supervisor By: Date: Linda Lavine Councilperson By: Date: Dan Lamb Councilperson By: Date: Greg Sloan Councilperson By: Date: Deborah Cipolla-Dennis. Councilperson GHD CONSULTING SERVICES INC. By: Date: Bruce G. Munn, P.E. Principal-Wastewater s Schedule A SCOPE OF SERVICES GHD and Municipal Owners agree that the scope of services for this project consists of the engineering services described herein. The scope of work for this project includes Preliminary Design Phase engineering services, including preparation of a basis of Design Engineering Report for anaerobic digester system improvements and miscellaneous modifications to the Ithaca Area Wastewater Treatment Facility (IAWWTF). The project includes the goals summarized as follows and as described in the Primary Treatment and Anaerobic Digestion System Improvements Feasibility Study, February, 2016. • Expansion of the Administration Building to include expanded laboratory and administrative offices • Conversion of existing secondary digester to a heated (and mixed) primary digester • Addition of mechanical thickening of digester feed • Installation of vortex grit removal of influent wastewater GHD will complete the Preliminary Design and preparation of Basis of Design of the Anaerobic Digester Improvements and Miscellaneous Modifications to the IAWWTF, as described below: 1. Task 1 - Kick-Off Meeting. GHD will conduct a kick-off meeting with the Municipal Owners to review the project goals, scope, critical success factors, schedule, team roles and responsibilities. During the meeting, GHD and Municipal Owners' representatives will review goals, spatial needs and conceptual ideas for Administration Building expansion, mechanical thickening and grit removal systems. Meeting minutes will be prepared and distributed. 2. Task 2 - Administration Building Expansion. GHD will work with Municipal Owners' representatives to develop conceptual layouts for an expansion of the existing Administration Building. The building expansion will incorporate larger and more functional space for the Laboratory, Control Room, Conference/Meeting Room, Employee Lunch Room, Locker Rooms, Administrative Office and Offices for key staff. Subtasks will include: a. Development of preliminary layout concepts following kick-off meeting. b. Meeting with Municipal Owners' representatives to review conceptual layout. c. Revise layout based upon comments received d. Develop proposed floor plans and building elevation views. e. Develop conceptual modifications to heating and ventilation, electrical and plumbing. f. Prepare estimated construction cost for proposed building modifications. g. Prepare a Basis of Design memorandum for Administration Building expansion. C\Users\dredsickWppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX 9 GHD Consulting Services Inc.One Remington Park Drive Cazenovia NY 13035 USA T 315 679 5800 F 315 679 5801 E cazmail 4and.com W www.ohd.com 3. Task 3-Mechanical Thickening of Digester Feed. a. Potential mechanical thickening alternatives include screw press, rotary drum thickener and gravity deck thickener. GHD will review the technologies with the Municipal Owners' representative and select the technology best suited to this application considering cost, similar applications, space requirements and ability to pilot test. b. Assist Municipal Owners with coordinating pilot testing selected technologies for thickening digester feed. Pilot testing will be performed by equipment manufacturer's representatives. Pilot testing will only be performed by the manufacturers who are willing to complete testing at no cost to the Municipal Owners. c. Evaluate potential locations for mechanical thickening equipment including within existing building space and within a new building. d. Evaluate sludge feed and thickened sludge pumping and piping requirements. e. Prepare a summary Basis of Design and estimated construction cost. 4. Task 4-Anaerobic Digester Modifications. a. Evaluate digester heating requirements and required modifications for conversion of existing secondary digester to a heated primary digester including sludge feed, withdrawal and heating. Heating requirements will be developed for both mechanically thickened digester feed and existing method of gravity thickening digester feed. b. Prepare a summary Basis of Design and estimated construction cost for digester modifications. 5. Task 5-Grit Removal Evaluation. a. GHD will evaluate the addition of vortex grit removal technology for raw wastewater. Evaluation will include the Eutek HeadCell as manufactured by Hydro International. Evaluation will consider a review and summary of procurements options. b. Evaluate location options for grit removal system with Municipal Owners' representative. A proposed site plan and building plan layout will be developed based upon the selected location. c. Evaluate pumping and piping requirements for installation of the grit removal system. d. Prepare a summary Basis of Design and estimated construction cost for the grit removal system C\Users\dredsick\AppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX 10 6. Task 6 - Review Meetings. GHD will conduct two review meetings with the Owner to review the evaluation, development and selection of final design details and recommendations. Review Meeting No. 1 will be held to review the selection of alternative manufacturers to be considered and the development of alternative layouts for Task 3 - Mechanical Thickening Improvements and Task 4 - Grit Removal Improvements. Review Meeting No. 2 will be held to finalize selection of recommended layouts and improvements for Task 3 - Mechanical Thickening Improvements and Task 4-Grit Removal Improvements prior to submission of the Draft Preliminary Design Report. 7. Task 7- Preliminary Design Report. a. GHD will prepare a draft Preliminary Design Report summarizing the evaluation of alternatives, findings of investigations and recommendations. Estimates of probable construction cost will be provided for alternatives and recommended improvements. Site plan layouts and schematic diagrams will be provided for alternatives and recommended improvements. A proposed construction schedule will be included. b. GHD will meet with the Owner to review the draft report and receive comments. Meeting minutes will be prepared and distributed. The final report will be prepared upon receipt of final comments from the Owner. Four printed copies of the report and electronic PDF file of the final report will be provided. SPECIFIC EXCLUSIONS This contract is for the Preliminary Design phase of the project only and does not include preparation of final design construction contract documents. Effort for subsequent phases will be authorized in writing by the Owner separately. SCHEDULE GHD is prepared to start the work immediately after signed authorization of the engineering agreement and shall complete the task described in the following schedule: Task Days After Authorization Task 1 - Kick-off Meeting 10 days Task 2 -Administration Building Expansion • Meeting to Review Alternative Layouts 30 days • Basis of Design Memorandum 60 days Task 3-Mechanical Thickening of Digester Feed • Completion of Manufacturer Pilot Testing 120 days(') Task 6- Review Meeting • Review Meeting-Conceptual Development 40 days • Review Meeting—Alternative Selections 80 days Task 7- Preliminary Design Report • Draft Report 150 days • Review Meeting 160 days • Final Report 14 days after receipt of comments C\Users\dredsick\AppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX (1) Test duration is subject to availability of pilot test equipment. PROJECT FEES GHD proposes to complete the services described above on a lump sum basis as summarized below. The project will be billed monthly based on physical percent complete for each task. Task Cost Task 1 - Kick-off Meeting $5,200 Task 2-Administration Building Expansion $35,300 Task 3-Anaerobic Digester Modifications $18,010 Task 4-Mechanical Thickening of Digester Feed $43,850 Task 5-Grit Removal Evaluation $34,190 Task 6-Review Meetings $8,100 Task 7-Preliminary Design Report $14,350 Not-To-Exceed Amount $159,000 C.\Users\dredsick\AppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX 12 9.7 IFD -Approval of Staffing for Adequate Fire and Emergency Response (SAFER) Grant - Resolution WHEREAS, the U.S. Federal Emergency Management Agency (FEMA) offers and awards annual grant funding directly to professional and volunteer fire departments to ensure they have adequate personnel and equipment to respond to and safely perform at incident scenes and provide protection from fire and fire-related hazards for their communities; and WHEREAS, the Ithaca Fire Department is eligible for and has submitted an application for funding assistance under the Staffing for Adequate Fire and Emergency Response (SAFER) program to fund the salaries and benefits for two years associated with the filling of(4) firefighter positions that were eliminated through attrition as part of the 2011, 2012, and 2013 fiscal year City Budgets; and WHEREAS, as a result of said request, the US FEMA SAFER program requests a letter of commitment from the City's governing body agreeing with the terms and conditions of the SAFER grant program, should an award be made; now, therefore be it RESOLVED, That the Mayor is authorized to submit a letter of commitment to US FEMA outlining a clear understanding of the terms and conditions of a FY 2016 SAFER grant. BACK-UP ITEM 9.7 ,,Et ♦ CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272.1234 Fax: 607/272-2793 Memo To: Common Council From: Tom Parsons, Fire Chief Date: April 8, 2016 Re: SAFER Grant Resolution The Federal Emergency Management Agency(FEMA) awards grants on annually to support various fire and emergency services programs. FEMA offers three different grant programs. The first grant program is called the Assistance to Firefighter(AFG) Program, which is used to fund equipment and facilities for fire and emergency operations.The City of Ithaca was awarded, in previous years, grants for equipment and other critical resources used to operate the fire department. In the past, we have received AFG grants for Self Contained Breathing Apparatus, Radio Communications Equipment, and Physical Fitness Equipment. This year, I submitted an application the FEMA Assistance to Firefighting Grant(AFG) Program for the purchase of a new breathing air compressor. If awarded, the grant would pay 90% of a$60,000 Compressor. We are still waiting to hear if we will be awarded a grant for this piece of equipment. The second grant program is the Fire Prevention and Safety(FP&S) Program, which provides funding for Fire and Emergency Safety Training Resources. The Ithaca Fire Department has not submitted a grant application for this program in the past although there maybe some needs in the future that this grant may be useful for the department to consider. The third grant program is the Staffing for Adequate Fire and Emergency Response(SAFER) Program. SAFER grants are provided to fire departments to fund either the hiring of career firefighters for up to a two-year period; or to recruit, train, and outfit new volunteer firefighters for up to a four-year term. Since Ithaca has a combination of volunteer and career firefighters, it is eligible to apply for both grant types. In March, I submitted two grant applications to FEMA for the Staffing for Adequate Fire and Emergency Response (SAFER) Program. The first grant application requests funding to recruit, train, equip, and retain volunteer firefighters. If awarded,the grant would cover the costs, over a four-year term, associated with adding up to 20 volunteer firefighters to the department's roster. The second grant Page 1 of 2 Fire Department—SAFER Grant Resolution April 81h, 2016 application is requesting funding to hire four(4) career firefighters to fill four of the six positions that have not been funded since 2013. The SAFER grant, if awarded, would fund the salaries and benefits for the four firefighters added to the roster over a two year period. If the grant is awarded under the Hiring of Firefighters Category, it would require the City to maintain fire department staffings levels and incur no layoffs of firefighters during the performance period of the grant. After the two-year performance period, the positions could be retained and funded by the City, or the positions can be unfunded. There would also be an opportunity to reapply and extend the funding under the SAFER program, assuming it is still supported at the Federal Level. For the-grant application to be considered by FEMA, it is required to have a letter from the governing body stating their commitment to fulfilling the requirements of the grant. The accompanying resolution, if approved, would authorize the Mayor to send a letter to FEMA agreeing to the conditions of the grant if the City is so awarded. I am requesting consideration and approval for the accompanying resolution. The Ithaca Fire Department is need of more staffing to provide adequate service to the City and Town of Ithaca. I believe the two- pronged approach for seeking outside funding for both career and volunteer firefighters is a plan that could meet the staffing needs of our fire department while at the same time limiting the impact on the City Budget for at least the next two years. It is my hope that once the City is in a better financial condition, the additional career firefighter positions would continue to be funded by the City. Thank you for consideration of my request. Page 2 of 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Water& Sewer Workshop WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces; and WHEREAS, Plan Ithaca, the City's comprehensive plan, identifies public art as an important cultural resource that contributes to quality of life and economic vitality and calls for the City's continued support of public art (see Cultural Resources); and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city, while providing local artists from all sections of the community an opportunity to showcase their work; and WHEREAS, the Board of Public Works approved several locations for future murals and street art, including the Department of Public Works facilities on First Street, by resolution on May 19, 2010; and WHEREAS, Danielle Hodgins has submit her proposal for a mural titled "Beyond the Dust" to be installed on the Route 13- facing fagade of the Water & Sewer workshop on First Street, as part of the PAC's Mural and Street Art Program; and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on March 23, 2016 to gather input on the proposed installation, and all of the responses to the proposal have been positive; and WHEREAS, the mural will be funded through the Community Arts Partnership's Public Art Grant, and the installation will be budget-neutral to the City; and WHEREAS, at its meeting on March 23, 2016, the Public Art Commission voted to recommend that the Common Council select Danielle Hodgins's mural to be installed on the Water & Sewer workshop; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects Danielle Hodgins's mural "Beyond the Dust," as recommended by the Public Art Commission, to be installed on the Route 13-facing fagade of the Water & Sewer workshop on First Street and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, That the selected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. "BEYOND THE DUST" by Danielle Hodgins PROJECTIDEA Ithaca is diversity. Ithaca is local products and small shops. Ithaca is unique foods. Ithaca is opportunity. Ithaca is green- space. Ithaca is arts and culture. Ithaca is science and technology. Ithaca is, of course, Gorges. And most of all, Ithaca is vibrant community. As a Cornell University Graduate and Upstate New York native, I am excited about the chance to represent what `Ithaca is' through public art installation. I am delighted about the opportunity to visually brighten this culturally spirited community. I propose a public mural that livens up the depressingly drab northwest facing wall of the Ithaca Public Works Building, along Route 13. 1 would like to link this public piece to the nearby Science center, and give a nod to the academic research and the multiple educational institutions in the Ithaca area. My design idea is abstract in appearance, connecting natural forms, with geometric shapes, with amorphous, painterly texture (please see image folder). This linear design represents a link between science & technology, nature, and the great beyond. The abstract design compliments the precarious, windowed wall and tells a colorful story of the relationship between nature, man, time, and space. The design takes a look at the larger picture of community and visually depicts the natural cycles of time and life. My artistic style utilizes a vibrant array of colors contrasted with monochromatic elements. In this piece, jewel toned and bold colors will connect with black and white linear elements. I have a brisk, watercolor-like aesthetic and plan to bring this into the brush style of the mural piece. LIAO ASK VA- M .,�':f.. :�•�' ,. ,n ���'..arr,,.; � N}iio-� ��S�l�`��J���1`�� :;ll11. "���e+(r���/✓ 10.2 Resolution to New York State Concerning Property Taxes on Resale Restricted Homes WHEREAS, there is a demonstrable and critical shortage of affordable housing within the City of Ithaca and Tompkins County; and WHEREAS, this Common Council has attempted to address that shortage through a number of measures, including financial participation with Tompkins County and Cornell University to create the Community Housing Development Fund that provides subsidies for creation of affordable housing; and WHEREAS, Section 501(c)(3) of the Internal Revenue Code allows for the creation of nonprofit entities that have as one of their purposes the acquisition of land to be held for the primary purpose of providing affordable homeownership through the implementation of deed or ground lease restrictions; and WHEREAS, the nonprofit agency is subject to an initial regulatory agreement restricting purchase of these properties in accordance with an income test; and WHEREAS, such programs are known generically as community land trusts, and WHEREAS, with the support and encouragement of the members of the Community Housing Development Fund, the community land trust model is being utilized in Tompkins County as a means to develop affordable housing that remains affordable throughout its existence by means of limitations on future re-sale prices; and WHEREAS, while the limitation on resale prices promotes long-term affordability, New York State's Real Property Tax Law does not allow consideration of such limitations when determining the assessed valuation of property participating in a community land trust, resulting in assessed values that can far exceed the restricted re-sale value of the property and a property tax burden well in excess of that borne by properties that have similar re-sale values in the marketplace; and WHEREAS, this adverse element of the Real Property Tax Law is deterring the development and purchase of homes through the community land trust program and is therefore exacerbating the shortage of affordable housing in Tompkins County,- and WHEREAS, it is in the interest of City of Ithaca to address that deterrent to the development of affordable housing; and WHEREAS, the Ithaca Urban Renewal Agency recommends the Common Council adopt a resolution supporting a change in Real Property Tax law so owner-occupied, resale-restricted affordable residences incur a property tax bill similar to residential properties with similar resale values in the City; now, therefore, be it RESOLVED, the Common Council for the City of Ithaca urges the New York State Legislature to amend the Real Property Tax Law by creating a new section of law that would allow Tompkins County, by local law, to grant a partial exemption equal to the difference between the full resale value absent any restriction and the maximum resale value of said property established by said ground lease to residential properties located on land owned by a nonprofit entity and subject to a ground lease or deed restrictions which restrict the resale price of the property for at least 30 years; and, be it further RESOLVED, That this resolution be delivered to appropriate elected officials and the County Assessor. 10.3 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning," To Establish the Cherry Artspace Planned Unit Development Zone ORDINANCE NO. BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, entitled "Zoning", be amended as follows: Section 1. Chapter 325 ("Zoning"), Section 325-13("Reserved") of the City of Ithaca Municipal Code is hereby amended in order to establish the Cherry Artspace Planned Unit Development Zoning District. Section 325-13, shall read as follows: 325-13. Planned Unit Development Zoning Districts (A) Cherry ArtSpace Zoning District 1. Boundaries of Zoning District a) The Cherry Artspace Zoning District are hereby established to consist of a tract or parcel of land, situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Beginning at a pipe marking the intersection of the southerly line of Taber Street with the westerly line of Cherry Street in said City; and thence running south 230 50' west and along the westerly line of Cherry Street 100 feet to a point; thence running westerly and along other premises of the grantor herein and parallel to the southerly side of Taber Street approximately 64 feet to the easterly line of the premises appropriated by the State of New York for the Flood Control Channel (see Liber 472 of Deeds at page 221 and Liber 473 of Deeds at page 876); thence running northeasterly and along the premises so appropriated by the State of New York in accordance with the above referred to deeds to the southerly line of Taber Street; thence running easterly and along the southerly line of Taber Street approximately 50 feet to the pipe marking the point or place of beginning. 2. District Regulations a) Permitted Primary Uses 1) Theater or similar place of public assembly. 2) Cultural facility, such as an art gallery or museum. 3) Business or professional office. 4) Retail store or service commercial facility. 5) Restaurant or tavern. 6) Medical or dental office. 7) Light industrial or manufacturing. b) Permitted Accessory Uses-None c) Off Street Parking Requirement-a) Off Street Parking Requirement-Parking spaces required for specific uses shall be provided and maintained for each use or building which is newly established, as specified in the -6325-20D(3)(b) of the City Code. d) Off Street Loading Requirement—None e) Minimum Lot Size 1) Area in Square Feet-3000 2) Width in Feet at Street Line-30 f) Maximum Building Height 1) Number of Stories-3 2) Height in Feet-36 g) Maximum Percent Lot Coverage by Buildings-70% h) Yard Dimensions 1) Front Yard Required Minimum-None 2) Side Yard Required Minimum-9' 3) Other Side Yard Required Minimum-5' 4) Rear YardO Minimum-25% of depth or 25' from permanent easement, whichever is less i) Minimum Building Height-12' Section 3: Chapter 325, Section 325-5 of the Municipal Code of the City of Ithaca is hereby amended to establish the boundaries of the Cherry Artspace Planned Unit Development Zoning District as seen on the map dated March 30, 2016 entitled Cherry Artspace Planned Unit Development Zoning District. Section 4. The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Division shall amend the District Regulations Chart to add the Cherry Artspace Planned Unit Development Zoning District, in accordance with the amendments made by this ordinance. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Ecrroeo ❑ mC` rvN rn m a ao Q ID W r � CUt3 ��dZmm +� w E [n S € N�-- T— c LL C? Q m a 4-J m r 4-0 Cca cp y x® r= ui o � d CL m q co a N C] tll 7 LL O O L E 'CL V I O �Lj W C— f 2� .-, CITY OF 11'HACA t 108 E.Green St.—3rd Floor Ithaca.til' 135.50 5690 y?. i DEPARTMEN1 OF PLANNING,Bt 11,DING,"ZONING,& EC'ONOMW DEVELOP-sIENT w T JOA\\CUR\ISI1.DIRL CUR OF MANNINO.[it'll DI\(i.ZO\INIi.&FC GNOMIC& DI-VE 1 OPMF\I ;V 1'llYl I ISA A.DeSARNO.DE Pt l"N'DIR1.0 FOR hOR I-MNOMIC IA Vi.I OI'%WN l Tel: Planning& Econ.Develop.Division 607-274-6550 Community Development'Il RA 607-274-6559 E-Mail: dgrunder(a)cityofithaca.org E-Mail: iura(q�cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 To: Common Council BACK-UP INFORMATION I'C From: Lisa Nicholas,Senior Planner Date: April 22,2013 RE: Consideration of Final Approval for a Proposed Temporary Mandatory Planned Unit Development(TMPUD)to be known as the Cherry Artspace Zoning District and Located at 102 Cherry Street(tax parcel 73:10-3.1). The purpose of this memo is to provide information regarding an application by Samuel Buggeln/Performance Premises LLC for the City to create a PUD at 102 Cherry Street(tax parcel 73.-10-3.1)to be known as the Cherry Artspace Zoning District. The project site is in an area currently under study for an Area Plan as a part of Phase 11 of the Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements,the City rezoned the entire area to a Temporary Mandatory Planned Unit Development(TMPUD)Zone for a period of eighteen months until the Area Plan is complete. This proposed project has completed all requirements in accordance with the adopted City process for establishment of a TMPUD, including a Public Hearing which was held at the Planning Committee meeting in April 13,2016. The proposed project is to develop a flexible, multidisciplinary arts space,at 102 Cherry Street in Ithaca's industrial West End. The 1,944-SF building will be sprinklered and handicapped-accessible and meet all requirements for assembly.The project site is 5,402-SF site contains an existing 1,137-SF building(formerly Renovus Solar)which will continue to operate as an office use. The new building will have a galvanized corrugated-steel exterior finish to harmonize with the existing building, and have a matte foundation with perimeter-grade beams. A sidewalk will be provided along the entire parcel width, and 6.5' tree lawn and street trees in front of the existing building. Parking will be provided on adjacent lot immediately to the south. The applicant is also proposing an exterior patio in the rear of the building which is subject to approval by the New York State Department of Environmental Conservation(NYSDEC),landscaping, and signage. The applicant states: Performance Premises has committed to making the building indefinitely available to the local 501(c)(3) arts organization The Cherry Arts without cost. The Cherry Arts will program their own original theatre work(based in an ensemble of Ithaca's own professional theatre artists) in the Artspace; and will also make the space very affordably available to present the work of other excellent area artists whose work may be best served by a venue that is smaller and/or more flexible than existing ones. The benefits to the community will be many.An arts space in Ithaca's West End will work alongside planned improvements like the Brindley Street Bridge and Black Diamond Trail to bolster development of Ithaca's underused industrial zoned waterfront. Ithaca and area artists will benefit from access to an affordable space that may better suit their artistic needs. Cherry artists will equally benefit from a space designed to enable crossover between artistic disciplines, both on a creative and audience-development level. The Artspace will broaden the range of theatrical and artistic offerings available to Ithaca and regional audiences. In accordance with the adopted City process for consideration of a planned unit development,the applicant has completed the enclosed application. This application was circulated to City boards and committees, and to the County Planning Department. A public information session, hosted by the applicant, was held on March 30, 2016. The meeting was advertised in the Ithaca Journal, property owners within 500 feet of the property were notified by mail of the meeting, and the property was posted with signs. Comments received from the circulation as well as a synopsis of the public information session are attached for your reference. The Planning Board,acting a Lead Agency,conducted a coordinated environmental review in which Common Council and NYSDEC were both identified as Involved Agencies. As you are aware, the Board issued a Negative Determination of Environmental Significance on March 22, 2016. The applicant now seeks final consideration of the adoption of the Cherry Artspace Zoning District TMPUD. A proposed ordinance is attached for your consideration. Staff is recommending changes(shown in bold on page 2)to the previously proposed Off-Street Parking Requirements of the draft ordinance. If you have questions or require additional information, please feel free to contact me at Inicholas@citvofithaca.org Thanks so much. BACK-UP ITEM 10.3 Public Information Session For the Proposed Cherry Artspace Temporary Mandatory Planned Unit Developments (TMPUD) Wednesday March 30, 5:30 PM Project Team Attending: Claudia Brenner, Project Architect Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development Lisa Nicholas, Senior Planner Others Attending: George McGonigal, Common Council (6-00 pm) Frederic Bouche, Owner of Ports of NY (6.15 pm) Brenner gave a presentation of the project to McGonigal at 6 pm. McGonigal stated his support for the project and reiterated concern about the potential for noise that could be bothersome to residents across the inlet as sound seems to amplify over water. People in the first ward have complained about noise from events at the Boatyard Grill. Brenner explained that the noise concern was expressed because of the proposed patio facing the inlet. The site plan shows that the proposed patio is relatively small and not intended to accommodate a large gathering. Staff reported that the patio requires NYSDEC approval because it is in an easement contiguous to the Flood Control that is under their control. Staff also reported the applicant's response to the noise concern. The applicant does not currently have the funds or approval to build the patio. Should he obtain both, he intends to use the patio for occasional small- scale event and does not intend to have amplification. If amplification is occasionally desired, the applicant has stated that he would seek the necessary permit. Frederic Bouche arrived at 6:15. He stated his strong support for the project. He does not feel that parking will be an issue and feels that the project will be positive for the neighborhood. As there were no other comments, the meeting was ended at 6:30. 102 Cherry st project Page 1 of 1 102 Cherry st project aeroplanefactory@aol.com Sent:Sunday, March 20,2016 3:03 PM To: Lisa Nicholas;JoAnn Cornish Lisa, My name is Scott Tobey and I am the owner of 902 Taber St and 120-124 Brindley St, known as the Aeroplane Factory. I wanted to write to you and the Board about the proposed project on the former Renovus building as I am an adjacent property owner and have invested a lot of energy into the neighborhood over the past 15 years. In those 15 years I have seen a lot of changes and general improvements to the neighborhood and I applaud and encourage the proposed project.That said, I do have concerns about the layout of the project and it's impact on the neighborhood and feeling of the area. I was first concerned about the lack of parking but I have been told that they have a"forever lease"on the parking lot to the south. I hope the City will verify that condition before giving approval. I have one of the only other parking lots in the neighborhood and am concerned that those attending the theater events will be using my lot and taking away spaces from my tenants. Many of my tenants have come to our property because of the available parking and utilize every space on a daily basis. My other concern is how close the building is proposed to be built to the street.All of the other buildings in the entire neighborhood are set back from the street enough to allow for a more open feeling and most include some amount of landscaping. Being a waterfront neighborhood, it is nice to maintain an openness and natural environment. On our property we went to great lengths to create an attractive landscape for both our tenants use and the public view. I spoke with the architect Claudia Brenner and she said they needed to cover as much area as possible to make enough room for the theater to function. Unfortunately, it may not be the right location for such a use if the lot isn't large enough.The drawing I saw proposed building a separate building to the south of the existing with an open space in between. I can only assume that is because the existing roof is pitched to the south so they are leaving room for water and snow to run off. I informed Claudia that when Renovus purchased that building it had a flat roof and they added the shed roof trusses to allow for their solar panel installation. I suggest that they remove the roof and trusses and reinstall them 180 degrees so that the roof sheds to the north. In that way,they could connect the new building directly to the existing and therefore utilize that open space between the two. If they were to capture that open space, it would then allow them to hold back the new building to the plane of the existing facade and still have the square footage they need. I fully support a change to the Cherry St neighborhood zoning and have always questioned the decision to encourage industrial uses of such prime waterfront. Ithaca is a unique city with all of it's waterways and they should be better utilized. Unless you own property on the waterfront it is largely inaccessible to many so creating an area where people can live and work while enjoying it's natural beauty is important and Cherry St is perfect for that. Maintaining that openness and natural beauty is important.When we did a major development of our landscape a few years ago,we wanted to create an"edible landscape".We planted fruit trees, berries and herb gardens.We installed walking trails that lead to waterfront picnic areas and a gazebo for our tenants to enjoy either while taking a break or looking for a quiet spot to have a meeting or a meal. If you haven't seen it in person, I encourage you to take a walk around the grounds and try to imagine how it looked before with all of it's overgrown chain link fences and broken down buildings. It wasn't that long ago and all it took was a vision. I fully support the efforts at 102 Cherry St and making changes to the zoning of the area but would like to see some amount of parking provisions in the new code. Ithaca does not have the most efficient public transit system and because so many people drive in from the rural areas around Ithaca,we do need to address parking as much as we would all like for it to go away. I have been pretty frustrated trying to get a parking space in the past at the Boatyard Grill and while there isn't a lot of space on Inlet Island,we do have the space on Cherry St if it's well thought out. I think having a theater in the area would be a fantastic addition to the neighborhood and want to support the project. I am sure the Board will make the right decision in the matter and I hope that will include keeping the new building at 102 Cherry St back to the plane of the existing building and to ensure that adequate off street parking is provided for any proposed use. Thank you, Scott Tobey https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAAABmuq%2fS3BPFT... 3/21/2016 Fwd: Site plan approval comment Page I of I Fwd: Site plan approval comment samuel buggeln [samuel.buggeln@gmail.com] Sent:Tuesday,March 22, 2016 1:27 PM To: Lisa Nicholas Hi Lisa, I'm not sure if Philly forwarded this to you and the committee when Frederic sent it almost a month ago. % ? G ? L? G? G ?G ? G ?G ?G Samuel Buggeln I I I Conselyea St Brooklyn NY 11211 326 W Seneca St Ithaca NY 14850 646 734 2740 wvww.bug�reln.net ----------Forwarded message ---------- From: Port of New York<elieers'cr portsofnewvork.com> Date: Tue, Feb 9,2016 at 1:54 PM Subject: Site plan approval comment To: pdesarno,�t'citvofithaca.or� Cc: sany i,thecherry.or-- Ref: Application for Site Plan Approval 102 Cherry St, Ithaca(former Renovus building) Planning Board meeting Tuesday February 23, 2016 To whom it may concern, I will not be able to be present for the meeting but would like to express that I am very much in favor of the Performance Space called The Cherry as shown in the notice owners within 200ft received. I like the concept,the design and the planting of the 3 trees along the former Renovus building and Cherry St. Thank you for sharing this note. Frederic Frederic Bouche owner& winemaker Ports of New York W inert 815 Taber Street Ithaca, NY 14850, USA (607)220-6317 https:Hmaii.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAAABmuq%2fS3BPFT... 3/31/2016 Performance Premises, LLC 326 West Seneca St,lthaca NY 14850 March 16, 2016 Lisa Nicholas, AICP, Senior Planner Planning Division and the Planning and Development Committee City of Ithaca by email Dear Lisa and members of the committee, Thank you for your queries yesterday regarding the Cherry Artspace Project at 102 Cherry Street, for which Performance Premises is in Site Plan Review. As regards the patio on the west(water) side of the building, should it be permitted by the DEC and by financial realities, it will be used for occasional events early in the evening and small in scale. It is significantly smaller than the outdoor area at The Boatyard, for example. Events using amplified sound will be infrequent and a noise permit will be obtained in all such cases. As to the trees on the site, on March 10 I contacted Jeanne Grace,the city forester, to enquire as to what types of trees might best thrive in that spot and best compliment the existing city canopy. I clarified with her, as I do here, the ambiguity on the drawing re: which trees are existing and which are proposed. The three shown to the East of the existing building are those we propose;the two on the west side of the site by the water are existing maple trees. I look forward to Ms. Grace's recommendation in that regard. I look forward to presenting our plan to you on Tuesday. Please advise if I can provide further information between now and then. All best, Samuel Buggeln, Principal, Performance Premises LLC Performance Premises, LLC 326 West Seneca St,Ithaca W 14850 March 21, 2016 Lisa Nicholas, AICP, Senior Planner Planning Division and the Planning and Development Committee City of Ithaca by email Dear Lisa and members of the committee, Please find attached Performance Premises" lease with Neil Wallace, the owner of the parking lot to the immediate south of our property at 102 Cherry Street. As you see, the lease provides for Performance Premises to terminate at our discretion, but does not provide the landlord the same option. Our counsel has advised us that in New York State, the shorter a lease is, the more protected is the tenant. We understand that Mr. Wallace, a generous supporter of the arts, drafted the lease deliberately in order to provide The Cherry Artspace project with indefinite access to plentiful parking. As regards the landscaping portion of our plans, even setting aside the limitations of the site, Performance Premises stands by our proposal to make the Artspace maximally pedestrian-friendly by providing a sidewalk on the street side of the building and making the building present to the street and sidewalk, rather than tucked behind a parking lot or other area marked "private property—no trespassing." Such proximity to the street is within the character of the neighborhood: as an example,the building at 817 Taber Street, immediately opposite the proposed Artspace, is similarly close to the street and has stood on that site for many decades. Notwithstanding its current industrial character,this neighborhood is an easy 10-12 minute walk from downtown. A five-minute walk from the site,two residential projects have just been completed, and others have been approved similarly close by. While understanding that everybody acts with the best intentions, we believe that a forward-looking planning approach will support an urban, pedestrian-friendly feel rather than a suburban office park approach that may be attractive for its tenants but is closed off to pedestrian and bicycle street traffic. My best, Samuel Buggeln, Principal, Performance Premises LLC WALLACE INDUSTRIES, INC. 105 Luffness New Williamsburg, VA 23188 Neil Wallace, President ntwallace@aol.com (757) 784-0050 September 10, 2015 Performance Premises LLC 326 W. Seneca St. Ithaca, NY 14850 Dear Sam and Nick: This letter will confirm the agreement whereby Wallace Industries will lease the vacant area for parking beginning at the south line of the property known as 102 Cherry Street, up to a line 10 feet north of the AJ Foreign Auto Building and from the east property line along Cherry Street to the west property line along the inlet for $400 per month. Payment shall be made on the first of each month starting October 1, 2015, although you have the right to utilize the property upon signing of this agreement. The rent shall remain at $400 for two years and then increase at 3% per year beginning year three. You may cancel this agreement for any reason with 30 days notice. We agree to discuss in good faith the sale of the property if such sale becomes possible. I agree to give you the right of first refusal of a sale. I also agree that 75% of the rent paid will be credited against the purchase price. Please acknowledge your agreement by your signature below. Very truly yours J'l),j AC'e tJ" Neil Wallace President Performance Premises LLC Back-Up Item 10.,'j Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning April 21,2016 Lisa Nicholas,Senior Planner Department of Planning and Development City of Ithaca 108 Fast Green Street Ithaca,NY 14850 Re: Review Pursuant to§239-1 and-m of the New York State General Municipal Law Action: Planned Unit Development for proposed Cherry Arts Space at 102 Cherry Street,City of Ithaca Tax Parcel No.73.40-3.1,Performance Premises,LLC,Landowner/Applicant; Sam Buggelen, Agent. Dear Ms.Nicholas: This letter acknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to§239—1,-in and—n of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it may have negative inter-community or county-wide impacts as described below.As was stated in our February 17,2016 letter on the proposed project's site plan we recommend modification of the proposal.If the Board does not incorporate this recommendation into its approval,such approval will require a vote of a supermajority (meaning a majority plus one)of all members of the decision-making body. Recommended Modification • To help improve water quality,we recommend that the City require the buffering of impervious surfaces adjacent to the water's edge. We recognize that this proposed project is located in a developed area and as such we recommend only the elimination of any new impervious surfaces within 50'of the top of hank(or level of bankfull discharge)of the Flood Control Channel. To the extent that it is feasible,on-site green infrastructure should be used to maintain the quality of stormwater runoff from the site. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx,AICP Commissioner of Planning Inclusion througk(Diversity Back-Up Item 10.3 ADOPTED RESOLUTION Site Plan Review&TNIPUD CEQR Negative Declaration Cherry Street Artspace 102 Cherry St. City of Ithaca Planning& Development Board March 22,2016 WHEREAS: the Cit} of Ithaca Planning and Development Board has one pending application for Cherry Street Artspace to he located at 102 Cherry St.,and WHEREAS: the applicant proposes for construct a 1.943-SF building, on the 5,402-SF project site. The site contains an existing 1,1 37-SF building (formerly Renovus Solar). The new building will have a galvanized corrugated-steel exterior finish to harmonize with the existing building, and have it matte foundation with perimeter-,grade beams. A sidewalk will he provided along the entire parcel width, and 6.5' tree lawn and street trees in front of the existing building. (Space does not permit it tree lawn in front of the new building.) Parkin, will be provided on adjacent lot immediately to the south. The applicant is also proposing an exterior patio in the rear of the building. landscaping, and swnizige,and N'HERF_AS: the project site is in an area currently under study for an .Area Plan as a part of the Phase II of the Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements in this area, the City has rezoned the entire area to a Temporary Mandatory Planned brut Development (TMPUD)Zone, until the Area Plan is complete. Therefore, the project sponsor has also applied to Common Council for a (TIM) PUD. The project will require a permit from the NYS Department of Environmental Conservation (DEC) for encroachment into the permanent easement along the Flood Control Channel,and W'HF,REAS: this is a Type i Action under the City of Ithaca Environmental Quality Review Ordinance §176-4 B. (100121. and the State En\ironniental Quality Review Act ("SEQRA"), §617.4 (h)( 11). and is subject to Environmental Review,and W'IIERL'AS: the City of Ithaca Common Council and the NYS DEC' have consented to the City of Ithaca Planning and Development Board's heine Lead Agency for the action of site plan rev iew and(TM)PUD for project,and 1111ERf'A.S:The Planninga Board has.on March 11. 2016,declared itself Lead Agency for the project,and lt'HERL'AS: this Board. acting, as Lead Agency in Fnvrronmental Review, has on ,'March 21, 2016 reviewed and accepted as adequate: a Full Environmental Assessment Form(FEAF). Pan I, submitted by the applicant,and Parts 2 and ; prepared by Planning staff: drawings tilled "Sue Plan and Zunint, Information (L-I)" "1" Fluor Plan (A-If'. "Mrzzanine Plan (A-1)" "Elevations (A-Z & A-4)" all dated 1-4-16 and prepared by Claudia Brenner, Architect, and other application materials,and WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County Planning Department, and other interested parties have been given the opportunity to comment on the proposed project and any received comments have been considered,now,therefore, he it RESOLVED: that the City of Ithaca Planning and Development Board determines the proposed project will result in no significant impact on the environment and that a Negative Declaration for purposes of Article S of the Env ironniental Conservation Law he filed in accordance with the pro\isions of Part 617 of the State Environmental Quality Re\iew Act. Mov ed h\: Schroeder Seconded h\ Darlin; In Favor: Blalock, Darling, Elliott..loncs-Bound,. Lewis. Randall. Schro dcr A,alnst: 0 Abstain: t) Absent: 0 Vacall,:1cs: () Back-Up iten 10.S CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This Dull Environmental Assessment Fonn(FEAF)is designed to help applicants and agencies determine,in an orderly manner,whether a project or action may be significant. I'he 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 aff'cling the question of'significance. The FL AF 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 front 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: art 1,EPart 2 0,11rt 3 Upon review of the information recorded on this FFAF(Parts,2,and 3,if appropriate),and any other supporting information,and considerii 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. LJ. 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. FJ­ 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, :1(�nditicrrx el h'r!utir� l.kc/wutinn is only vulia(for tlnliste d Arrruns. Name of Action: Nance of Lead Agency: Name and Title ol'Resptmsible Officer in Lead Agency: Signature of Responsible Officer in t_:ead Agency: Signature of Preparers f)at: : FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 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: construction of The Cherry Artspace FL7oca7ionof Action: 102 Cherry St,Ithaca NY 14850 [Name of Applicant/Sponsor: Performance Premises,LLC/Samuel Buggeln Address: 326 West Seneca St City/Town/Village: Ithaca State: NY ZIP: 14850 ®� Business Phone: 646 734 2740 Name of Owner(if different): same Address: City/Town/V illage: State: ZIP: Business Phone: Description of Action: Performance Premises,LLC proposes The Cherry Artspace at 102 Cherry St on the Cayuga Flood Control Channel in Ithaca's West End.The Cherry will be a one-story building with mezzanine.Construction will use a mat foundation with perimeter grade beams(4 ft.)and interior grade beams(2 ft.).The slab will be heavily reinforced with rebar and ribs as required by structure.Exterior is galvanized corrugated steel to match adjacent building(the former Renovus building)and suit the industrial neighborhood. The interior of the building will have an unobstructed open space for use for performances of a variety of arts organizations,with windows and entrances onto the west grassy easement area of the flood control channel and entrances onto south parking lot. The principals of Performance Premises,Sam Buggeln and Nick Salvato,spent several years looking for a building to alter into an arts venue and are pleased to have found the property at 102 Cherry St.The zoning use is permitted,parking is plentiful, proximity to downtown is good,the West End of Ithaca is up-and-coming with recent housing development,and industrial neighborhoods are famously good for new arts venues.Code standards for public assembly spaces are easier to achieve with new construction than in renovating existing buildings. That said,the site at 102 Cherry St is very small for a commercial lot,too feet wide and less than 70 ft deep at its shallowest.A 25-ft easement strip along the flood control channel further limits the area that can be built.Since the artspace must be a certain size to be usable for the variety of performers and audiences we hope to serve,the site plan calls for the building to touch the easement boundary line on the west side,with sidewalk extending onto the easement.This will require a"Minor"Article 16 Permit from NYSDEC(in process),and close communication with the New York State Parks Commission to ensure that Cherry Artspace development complements the forthcoming Black Diamond Trail. The front of the building is planned 8 feet from the existing curb,creating an urban pedestrian-friendly"street wall."We propose new landscaping(including three new trees),and a new sidewalk—the first in the neighborhood!We look forward to sidewalk and bike lane improvements connected with the re-building of the Brindley St bridge. 2 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 0 Commercial [E:]I Public [ Forest Agricultural [O'Other: Total area of project area: o acres 3000 square feet(Chosen units apply tofbllowing section also.) Approximate Area (Units in Question 2 apply to this section.) Currently [After Completion 2a. Meadow or Brushland (non-agricultural) 0 J�__... 0 2b.Forested o o 2c. Agricultural o �� 0 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] o o 2e. Water Surface Area 0 2L Public _ _�L-0 - 0 2 . Water Surface Area 2h.Unve etated rock, earth, or fill _ � 0 0_Y 2i. Roads, buildings, and other paved surfaces 2500 3000 2'. Other indicate e) grass 500 0 a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): fill plus silty clay loam b. Soil Drainage: Well-Drained % of Site XJ Moderately Well-Drained ioo %of Site Poorly Drained %of Site 4a. Are there bedrock outcroppings on project site? Oyes OxNo ON/A 4b. What is depth of bedrock? >50 (feet) 4c. What is depth to the water table? >5 (feet) 5. Approximate percentage of proposed project site 0-10%10o % 10-15% % with slopes: 15%or greater % 6a. Is project substantially contiguous to, or does it Yes 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 OYes No []N/A local landmark district? 7. Do hunting and/or fishing opportunities currently []YesENo ON/A If yes, identify each species: exist in the project area? 3 SITE DESCRIPTION concluded 8. Does project site contain any species of plant ❑Yes QNo ❑N/A and/or animal life identified as threatened or endangered? According to: Identify each species: 9. Are there any unique or unusual landforms on the []Yes ZNo ❑N/A project site (i.e., cliffs, other geological formations)? Describe: 10. Is project site currently used by the community or ❑Yes QNo []N/A neighborhood as an open space or recreation area? If yes, explain: 11. Does present site offer or include scenic views ❑Yes E]No []N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site []Yes QNo ❑N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state Describe: agency? 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: Cayuga Inlet 14. Lakes, ponds, or wetland areas within or Ia. Name(s): none contiguous to project area: . Sizes (in acres): 15. Has site been used for land disposal of solid []Yes QNo ❑N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? ❑Yes ❑No ❑N/A a. If Yes, does sufficient capacity exist to allow connection? Eyes L]No ❑N/A b. If Yes, will improvements be necessary to ❑Yes QNo ❑N/A allow connection? 4 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project fill in dimensions as appropriate : 48'X 72' la. Total contiguous area owned by project sponsor in acres: 0.2 orsquare feet: lb.Project acrea e developed: 0.2 Acres initially:o.2 Acres ultimately: 0.2 lc. Project acreage to remain undeveloped: o Id.Length of project in miles (if appro riate : or feet: 50 le. If project is an expansion, indicate percent of change proposed: N/A % If. Number of off-street parking s aces existing:-a- ro osed: 5o(adjacent Earking lot under lease) 1 . Maximum vehicular tri s enerated u on com letion ofproject) per day: io avg and per hour: av lh.Height of tallest proposed structure in feet. 27 1'. Linear feet of frontage along a public street or thoroughfare that the project will occupy? so Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: none or added to the site: none Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: 0.02 type of vegetation: grass 4. Will any mature trees or other locally important vegetation be removed for this ro'ect? no 5. Are there any plans for re-vegetation to replace vegetation removed during construction? plant three trees 6. If sin le- base project, anticipated period of construction: 6 months (including demolition)__ 7. If multi-phased project, anticipated period of construction: N/A months(including demolition) 7a. Total number of hases anticipated: 1 7b.Anticipated date of commencement for firstphase: May month 2016 year(including demolition 7c. A roximate com letion date of finalphase: October month 2o16 year. 7d.Is phase one financially dependent on subsequent phases? ❑1Yes ® o ❑! /A 8. Will blasting occur during construction? ®lYes o ® /A If yes, explain: 9. Number of jobs generated during construction: o After project is completed: 2 10.Number of jobs eliminated by this project: none Explain: 11. Will project require relocation of any projects or facilitiesfEllYes [M::]No Fo--[N/A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?EI,Yes Mo ❑ON/A; if yes, explain: sinks,standard flush toilets 12a is yes, indicate t e of waste (sewage, industrial, etc): sewa e 12c. If surface disposal, where specifically will effluent be discharged? city of Ithaca sewer system E Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased y ro osal? ❑Yes ® o�N/A If es, ex lain: 14a. Will project or an ortion of project occur wholly or partially within or contiguous to the 100-year flood lain? ❑ es ❑ o ❑ /A 5 PROJECT DESCRIPTION (concluded) 14b. Does project or any portion of project occur wholly or partially within or contiguous to: a uga In e Fall Creek, 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? ❑ es ® o LOIN/A; 14d. If#14a., b., or c. is yes, explain: adjacent to Cayuga Flood Control Channel 15a. Does project involve disposal of solid waste? ®Yes ❑ o ❑ /A 15b. If#15a. is yes, will an existing solid waste disposal facility be used? ❑Yes ❑ o '❑ /A 15c. If#15b. is yes, give name of disposal facility: Tompkins County Solid Waste and its location: 122 Commercial ve. 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? EI Yes ❑ o '❑ /A If es, explain: —i 15e. Will any solid waste be disposed of on site? 1❑jYes �No FQ_j'N/A If yes, explain: 16. Will project use herbicides or pesticides? ❑]Yes ❑€ o ❑ /A If yes, specify: 17. Will project affect a building or site listed on or eligible for the National or State Register of His Places or a local landmark or in a landmark district? OYes �o LOMA; if yes, explain: 18. Will project produce odors? 101Yes �] o ❑ /A Ifes, explain 19. Will project product operating noise exceed the local ambient noise Ieve1 during construction? ❑Yes ❑ o 'EN/A After construction?'❑Yes ❑ o ❑ IA 0. Will project result in an increase of energy use? ❑x Yes ❑ o ❑ /A If yes, indicate type(s): Electricity to light,heat and cool performance space 1. Total anticipated water usage per day in gals./day: 12-24 Source of water: City of Ithaca 6 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? .Yes E 0 ❑N/A If yes, indicate the decision required: Zoning Amendment ED] Zoning Variance F New/Revision of Master Plan [®]Subdivision Site Plan EED]Special Use Permit Ol Resource Management Plan 7 Other:NYSDEC What is the current zoning classification of site? 1-1 If the site is developed as permitted by the present zoning, what is the maximum potential development? 50% 4. Is proposed use consistent with present zoning? ®Yes ❑!No ❑ /A 5. If#4 is no, indicate desired zoning: N/A 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? N/A 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ®Yes ® o ❑ /A If no, explain: 8. What is the dominant land use and zoning classification within a '/4 mile radius of the project? (e.g., R-1 a or R-1 b) 1-1,WF-1 9. Is the proposed action compatible with adjacent land uses? ❑(Yes ❑ o E31 /A Explain: F. If the proposed action is the subdivision of land, how many lots are proposed? N/A . What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any communit -provided services?(e.g., recreation, education, police, fire protection, etc.)? O❑Yes [E]No i®N/A Explain: If yes, is existing capacity sufficient to handle projected demand? QjYes 1®1No [�N/A Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? MYes [ No [E:I]N/A Ives, is existing road network adequate to handle additional traffic? ;®Yes QNo LQN/A Explain: 7 D. APPROVALS 1. =Pprov- a. als: Yes Is any Federal permit required? ,OYes [®No ❑ /A Specify: b. Does project involve State or Federal funding or financing.®Yes M o ❑ /A If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council No Board of Zoning Appeals (BZA) Yes Zoning variances Apr 5,2016 Planning& Development Board Yes site Plan Review Feb 23,2o16 Ithaca Landmarks Preservation No Commission ILPC Board of Public Works (BPW) No Fire Department Yes Public Assembly est October 2o16 Police Department No Building Commissioner No Ithaca Urban Renewal Agency No (IURA) _ s 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: Samuel Buggeln Signature: f „ Title: Principal,Performance Premises LLC END OF PART 1 x >Fx >Fxx 9 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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(15-foot rise 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: ❑ ❑ ❑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 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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):The project will increase impervious surface by approx. 500 SF adjacent to Cayuga Inlet. A +/-30' vegetated buffer is in place.Wil be reviewed by the ® ❑ ❑ Yes ❑ No City Stormwater Management Officer. 2of11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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):The project will increase impervious surface by approx.500 SF adjacent to Cayuga Inlet. A+/-30'vegetated buffer is in place.Wil be ® ❑ ❑ Yes ® No reviewed by the City Stormwater Management Officer. 3of11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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): the project will increase impervious surface by approx. 500 SF.WII be reviewed by the City Stormwater Management Officer. ® ❑ ❑ 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): Minor construction impacts only ❑ ❑ ❑ Yes ❑ No 4 of 11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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): NYSDEC has identified the site as within an area with the potential presence of threatened or endangered species. See Part 3 ® ❑ ❑ 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 1/2 acre of ❑ ❑ [:]Yes ❑ No mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ [-]Yes ❑ No 5 of 11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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): ❑ ❑ ❑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 ❑ ❑ ❑ 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)_NYSDEC has identified the site as with an area with the potential presence archeological resources in the area of the project site. See Part 3 ® ❑ ❑Yes [—] No 6of11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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 ❑ ❑ ❑ Yes ❑ No community. Other impacts (if any): ❑ ❑ ❑ 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 ❑ ❑ ❑ Yes ❑ No resource. Other impacts (if any): ❑ ❑ ❑Yes ❑ No 7 of 11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD .102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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):Outdoor patio is proposed—more information is needed.See Part 3 ® ❑ ❑ 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 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH(cunt.) 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 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ❑ Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 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 3/23/2016 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM-Part III Project Name:Cherry Artspace—102 Cherry Ave Date Created: 3-18-16 PROJECT DESCRIPTION The applicant proposes to construct a 1,944-SF building on the 5,402-SF project site. The site contains an existing 1,137-SF building (formerly Renovus Solar). The new building will have a galvanized corrugated-steel exterior finish to harmonize with the existing building, and have a matte foundation with perimeter-grade beams. A sidewalk will be provided along the entire parcel width, and 6.5' tree lawn and street trees in front of the existing building. (Space does not permit a tree lawn in front of the new building.) Parking will be provided on adjacent lot immediately to the south. The applicant is also proposing a future exterior patio in the rear of the building (which requires a permit from NYSDEC), landscaping,and signage. The project site is in an area currently under study for an Area Plan as a part of the Phase II of the Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements in this area, the City has rezoned the entire area to a Temporary Mandatory Planned Unit Development (TMPUD) Zone, until the Area Plan is complete. Therefore, the project sponsor has also applied to Common Council for a (TM) PUD. The project will require a permit from the NYS Department of Environmental Conservation (DEC) for encroachment into the permanent easement along the Flood Control Channel. This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQRO"), §176-4 B. (1)(h)[2],and the State Environmental Quality Review Act("SEQRA"), §617.4(b)(11). IMPACT ON LAND The project site is previously disturbed—no impact is anticipated. IMPACT ON WATER The project site is adjacent to the Cayuga Inlet(Flood Control Channel)on a currently developed site. The project will require erosion controls during construction. No impact is anticipated IMPACT ON DRAINAGE No impact is anticipated IMPACT ON AIR No impact is anticipated IMPACT ON PLANTS AND ANIMALS The Lead Agency has received a comment from the NYS DEC stating that the agency GIS database indicates that the project site lies within an area having a documented location of a threatened and/or endangered species. The project site and immediately surrounding area is in the City's Industrial Park and is previously disturbed and developed. The only existing vegetation on or surrounding the site is limited to areas of mowed grass. A parking lot is immediately to the south, a paved road (Cherry Street) is immediately Page 1 of 3 to the east, a small area of mowed grass and a parking area are to the north and the Flood Control Channel is to the west,along which the City maintains a mowed +/-30'grass strip. The 5,402 SF project site contains an existing 1,154 SF building, a 400 SF storage shed and a parking lot. A limited amount of mowed lawn area exists on the northeast and west sides of the existing building. The proposed building will be located in the parking lot,which is classified in the City GIS system as an impervious surface. The attached aerial photo and site photos illustrate the site conditions. There are wetland and forested areas to the south of the site and outside the industrial park,such as the Southwest Natural Area with diverse and potentially sensitive vegetation and fauna. This project will have no impact on those areas. No impact is anticipated IMPACT ON AESTHETIC RESOURCES No impact is anticipated IMPACT ON HISTORIC RESOURCES The Lead Agency has received a comment from the NYS DEC stating that the agency GIS database indicates that the project site lies within an archeologically sensitive area. The project site and immediately surrounding area are in the City's Industrial Park and are previously disturbed and developed. The Flood Control Channel immediately to the west of the project site was constructed by the Army Corps of Engineers in the late 1960s. The 5,402 SF project site contains an existing 1,154 SF building, a 400 SF storage shed and a parking lot. A limited amount of mowed lawn area exists on the northeast and west sides of the existing building. The proposed building will be located in the parking lot,which is classified in the City GIS system as an impervious surface. The attached aerial photo and site photos illustrate the site conditions. No impact is anticipated IMPACT ON OPEN SPACE AREA No impact is anticipated IMPACT ON TRANSPORTATION No impact is anticipated IMPACT ON ENERGY No impact is anticipated IMPACT ON NOISE AND ODORS Some concern has been expressed about the potential noise impacts of the outdoor patio to the residential area across the Flood Control Channel from the project site. In response to the concern the applicant has provided the following information in a letter dated March 16, 2016 to Lisa Nicholas, Senior Planner: Page 2of3 As regards the patio on the west(water)side of the building,should it be permitted by the DEC and by financial realities, it will be used for occasional events early in the evening and small in scale. It is significantly smaller than the outdoor area at The Boatyard,for example. Events using amplified sound will be infrequent and a noise permit will be obtained in all such cases. No impact is anticipated IMPACT ON PUBLIC HEALTH No impact is anticipated IMPACT ON GROWTH AND CHARACTER OF COMMUMITY OR NIEGHBOORHOOD The applicant has submitted a revised Use District Regulations chart for the proposed(TM)PUD dated 3/22/16(attached). The revised chart sets more restrictive limits for permitted uses, building height and lot coverage than was originally proposed in the January 2016 TMPUD application. No impact is anticipated. Prepared by: Lisa Nicholas,AICP,Senior Planner Page 3 of 3 Tm C �a 4 p � i �IU) "441 N P O N W n n I e c 4 ,. 0 N O O :E L!i 7` •_ 7 � _ a Q C a m �_Q , cn OCD 7r N ® JiY, f d A 3'� ej c d MEN - O m 4 m j . I d o Q a n x cL — m� 0cx x ul a no 6 0 a w m s y m n o 10 ? W t ca "- G7 ° to a � w yr DO o to cD M i Existing Site Conditions 102 Cherry Street September 2015 Proposed Cherry Artspace Planned Unit Development REVISED Use District Regulations Mar 22, 2016 USE DIST. Cherry Artspace PERMITTED PRIMARY USES Theater or other similar place of public assembly. Cultural facility such as an art gallery or museum. Business or professional office. Retail store or service commercial facility. Restaurant or tavern. Medical or dental office. Light industrial and manufacturing. PERMITTED ACCESSORY USES none OFF-STREET PARKING REQUIREMENT none OFF-STREET LOADING REQUIREMENT none SUBDIST. none MINIMUM LOT SIZE Area in Square feet 3000 Width in Feet at Street Line 30 MAX.BLDG.HEIGHT Number of Stories 3 Height in Feet 36 MAXIMUM PERCENT LOT COVERAGE BY BUILDINGS 70% YARD DIMENSIONS FRONT Required Minimum none SIDE One Side at Least 9'-W Other Side at Least 5'-0" REAR Percent of depth or#of 25-ft permanent easement feet,whichever is less MINIMUM BUILDING HEIGHT Minimum Height in Feet 12 1"r City of Application for Developme D) Part 1.--Applicant Information Application Date: 02 / 22 / 2106 1. Applicant Information Applicant Name(All principal owners of 15% or more must be listed): Samuel Buggeln/ Performance Premises LLC Address: 326 West Seneca Street City: Ithaca State: NY Zip: 14850 Phone: 646 734 2740 Email: Property Owner(if different from applicant): same Address: City: State: Zip: Phone: Email: 2. Property Information (Applicant must provide either proof of ownership or an owner's authorization) Property Street Address: 102 Cherry St, Ithaca NY 14850 Tax Parcel Number: 73.-10-3.1 Legal description of Property: see survey map, attached Zoning District : I-I Area: 0.2 acre Frontage: 100' Current Uses: Small office bldg& parking 5 3. Project Information Project Name: The Cherry Artspace Project Narrative and Summary of Community Benefits (attach additional sheets as needed): PLEASE SEE ATTACHED Project Location: 102 Cherry Street, Ithaca Property Size(acres)—both existing& proposed: .02 Building Size(square feet)—both existing&proposed: existing: 1100, proposed: 1944 Proposed Project Start& Completion Dates: May—October 2016 Approx.#of rental housing units: 0 Approx.#of for-sale housing units: 0 Approx. SF of office: existing 1100, proposed: 0 Approx. SF of retail/commercial: 0 Approx. SF of community/non-profit use: existing: 0, proposed 2275 Approx. SF of light industrial/high-tech: 0 Approx. SF of industrial/manufacturing: 0 Approx. SF of other uses specify: 0 Part 4.—Project Costs 6 Cost of New Construction: —$300,000 Value of improvements: none to existing structure Value of Equipment to Be Acquired: —$75000 Other: none Total: —$375,000 Part 5.—Criteria and Potential Project Benefits Minimum Qualification Criteria * 'lease see attached A PUD can only be established if the following criteria are all determined to have been met: • Does the project further the health and welfare of the community; and • Is the project in accordance with the City Comprehensive Plan • Does the project create at least one long term community benefit • Is the property located in an area of the City currently zoned industrial PUD Approval Considerations In addition to meeting the minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: (1) Please demonstrate why this project can't move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? (2) Will the project provide for public access pedestrian linkages (active recreation)? (3) What are the heights of buildings in this project? How do building masses and locations compare to each other and to other structures in the vicinity? (4) Are there available and adequate transportation systems within the PUD for pedestrians, bicycles,and motor vehicles, including transit? What is the impact on the external transportation network? (5) What is the character of the neighborhood in which the PUD is being proposed?Are there safeguards provided to minimize possible detrimental 7 PUD Approval Considerations In addition to meeting the minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: (1) Please demonstrate why this project can't move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? PUD required in Waterfront Study Area. Project requires zoning variances: 325-8A(10): Maximum Percentage of Lot Coverage by Buildings, 325-8A(11): Yard Dimensions, Front, Required Minimum 325-8A(13): Yard Dimensions, Side, Other at Least 325-8A(14)(a): Yard Dimensions, Rear 325-8A(15): Minimum Height of Building, Height in Feet (2) Will the project provide for public access pedestrian linkages (active recreation)? The project will be accessible by pedestrians from the eventual Black Diamond trail (3) What are the heights of buildings in this project? How do building masses and locations compare to each other and to other structures in the vicinity? Building height (one story with mezzanine) and massing are comparable to other structures in the vicinity (4)Are there available and adequate transportation systems within the PUD for pedestrians, bicycles, and motor vehicles, including transit? What is the impact on the external transportation network? Existing transportation systems are adequate and available (5) What is the character of the neighborhood in which the PUD is being proposed?Are there safeguards provided to minirnize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general? The neighborhood is highly industrial.The proposed use will cause no detrimental effects to adjacent properties or the neighborhood in general (6) How do the proposed open space and recreational systems function within the PUD and in relation to the City's overall open space and recreational systems? N/A (7) What is the general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type? More than adequate (8) What potential impacts are there on environmental, historical, and architectural resources? Does the proposed PUD serve to protect these resources? No detrimental impacts on environmental,historical, and architectural resources (9) What potential impacts are there on local government services? No potential impacts on local government services (10) Is there available and adequate water service? Yes (11) Is there available and adequate sewer service? Yes (12) Will the PUD provide several of the community benefits listed below that contribute to making the project a long-term asset for the community? Yes Potential Community Benefits Resulting from the PUD Project (1) What will be the increase to the tax roll value of new real property? Negligible (2) How many FTE jobs will be created as a result of the project? Will the project result in job creation of positions that pay at least a living wage? Initially one part-time job,within 5 years 3 full-time jobs at living wage (3) Will the project result in job creation of which at least 51%will be held by persons earning 80%or less of Area Median Income? Yes; student hiring likely (4) Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents occupied by households earning no more than 80%of Area Median Income, adjusted for family size (must determine duration)? No housing planned at this time (5) Will the project fill vacant store fronts? No (6) Will the project involve environmental remediation? No environmental contamination on site (7) Is the project a historic preservation project(in accordance with the Secretary of Interior's standards)? No (8) Will the project be assisting/contracting/renting to MWBEs? Yes, Claudia Brenner Design Inc. (9) Will the project provide free (reduced cost)community space in the project (for example to a 501 c3 non-profit)? YES. The entire building will be provided free of charge to Ithaca-based 501(c)(3) arts organization The Cherry Arts (10) Will the project produce large-scale alternative energy, local energy or combined heat/power that results in a significant reduction in greenhouse gas emission? No (11) Will the project result in high tech job creation? No (l 2) Does the project contain the redevelopment of a Brownfield site? No (13) Will this project provide any other community wide benefits? Community-wide benefits will be significant. Project Narrative and Summary of Community Benefits Performance Premises, LLC, proposes to build The Cherry Artspace: a small, flexible, multidisciplinary arts space, at 102 Cherry Street in Ithaca's industrial West End. The space will be sprinklered and handicapped-accessible and meet all requirements for assembly. Performance Premises has committed to making the building indefinitely available to the local 501(c)(3)arts organization The Cherry Arts without cost. The Cherry Arts will program their own original theatre work (based in an ensemble of Ithaca's own professional theatre artists) in the Artspace; and will also make the space very affordably available to present the work of other excellent area artists whose work may be best served by a venue that is smaller and/or more flexible than existing ones. The benefits to the community will be many. An arts space in Ithaca's West End will work alongside planned improvements like the Brindley Street Bridge and Black Diamond Trail to bolster development of Ithaca's underused industrial- zoned waterfront. Ithaca and area artists will benefit from access to an affordable space that may better suit their artistic needs. Cherry artists will equally benefit from a space designed to enable crossover between artistic disciplines, both on a creative and audience-development level. The Artspace will broaden the range of theatrical and artistic offerings available to Ithaca and regional audiences. More live arts and entertainment options will bring Ithacans more often out of their homes, providing ancillary benefit to bars and restaurants. As The Cherry Artspace becomes a regional destination,tourism will benefit. ° a� a� a� a� GL � y � � ✓Q N G a� v � c aU- ° O � G a9 Q Q O N J O Ln ° N G ►, p a p cG Z cyn oG c9 Z N w � Z 7 a. a o Ln � 0 o- E (Y 1 F i l i .y rf r E 1 GI] c,U t, . Yr T f �Y ��✓✓✓PPP � 't • i� •�Kt„ � Y� M ZZ L A W r� V CAYUG A INt£T rZOOD ONTROZ CHA t' ..7 s ar,z.00.,w ,0000. t a ~- - ;mac- W"a PAVOOP CHERRY STREET < x<<< 6 ctrva FAX —4 MS9ee�, 4 (j CAYUG ONtpt CHANNFC K 44 N Y$ I A � � t i D sow �3'�g 5 a8'f2't?0" tOQ.00' . C! ` F CHERRY STREET, rn aft rl `i m V 1 to m 4 r - THE CHERRY ARTSPACE E CLAUDIA BRRNNER -a Property of Performance Premises LLC archftect W.-q4 az Cherr Street ;� y �`•' �' City of Ithaca,NY \!!2\!6 7|{/22� q2}!J )§ §AOl 297;; §lFk , \ ! ; ,. .. 77 � \ } .>\ , It- to «� 01 ■ � \ z ` . �m & .�■ � ! ;| THE CHERRY &#T5PACE CLAUDIA B NER ! ate • �' � Property of Performance Premises LIX —ch■ect % ) § Cherry Street fth�r NY� _North�,� ! « , ci 2Ihlac&NY 2 2 \ \ ; \ |7 » § � � ƒ .� 2 ■ � \ \ . § LZ ;k;■ > m m / m k a ■ q t = ¥ ®! s THE CHERRY &kTSP&CE CLAUDIA BR ■FA ■ $z 9 % �` (§ Property Performance« Pe s LLC architect z) Cherry _4M City of Ithaca,NY °° i i _M 01 r► fl rA 11 , tD 1�1 � l 1 1 f i b m M 3 to m 4 THE CHERRY ARTSPACE jig OAUDIA BMNNER Property of Performance Premises LLC �, Chne Cherry Street ,W uMO * a City of Ithaca,NY W7•z7"7,s i i 1 Z i ..a O I i i f f .J jf t� t N� h M b O _ 1� _ t i f tt X ! 3 nt M THE CHERRY ARTSPACE CLAUDIA BRENNER t Property of Performance Premises LLC 421 KIOM Stercnttect h = Cherry Street �_ + .W1.5o °7 m "° City of Ithaca,NY ucrzr�ar s 10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 entitled "Zoning", Article VA entitled "Telecommunications Facilities and Services". 4325-29.9 related to the "Fall Zone and Setback Requirements for Tier Three Personal Wireless Service Facility's (PWSF), to Lower the Required Fall Zone to 120% of the Height of the Tower" A. Declaration of Lead Agencv— 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 of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; now, therefore, be it RESOLVED, That Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the adoption of revisions to City Zoning Ordinance, Chapter 325, Article VA, "Telecommunications Facilities and Services", § 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. B. Determination of Environmental Significance — Resolution WHEREAS, the City of Ithaca is considering a proposal to revise the City Zoning Ordinance, Chapter 325, Article VA, "Telecommunications Facilities and Services", §325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to lower the required fall zone to 120% of the height of the tower; and WHEREAS, the proposed action is an "Unlisted"Action pursuant to the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review under CEQR; and WHEREAS, the Common Council for the City of Ithaca did, on April 13, 2016, declare itself lead agency for this action; and WHEREAS, upon direction from the Planning and Economic Development Committee of Common Council, the proposed revision was circulated to various boards and committees in a memo dated January 21, 2016; and WHEREAS, the proposed revision has been reviewed by the Tompkins County Planning Department pursuant to §239-1—m of the New York State General Municipal Law, which requires that all actions within 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department; and WHEREAS, the proposed revision has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board; and WHEREAS, a public hearing for the proposed revision was held on February 10, 2016, at the meeting of the Planning and Economic Development Committee; and WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency, has reviewed the Full Environmental Assessment Form Parts 1, 2, and 3, prepared by Planning Staff and has determined that the adoption of the proposed zoning revision will not have a significant effect on the environment; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own, the finding and conclusions more fully set forth on the Full Environmental Assessment Form; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue; Adoption of Revisions to the City Zoning Ordinance, Chapter 325, Article VA, "Telecommunications Facilities and Services", §325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower, 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 ORDINANCE NO. 2016- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325, Article VA, Section 325-29.9, be amended as follows: Section 1. Chapter 325 ("Zoning"), Article VA, Section 325-29.9 is hereby amended to lower the required fall zone to 120% of the height of a tower and shall read as follows: § 325-29.9 Fall zone and setback requirements for Tier Three PWSF's Tier Three applications shall meet the following standards: A. Fall zone. (1) No habitable structure or outdoor area where people congregate shall be within a fall zone of 120% of the height of the PWSF or its mount. 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. BACK-UP ITEM 10.4 Information Only — Not to be Considered Part of the Ordinance In response to a request from Alderperson Brock (at the 4/13/16 Planning Committee meeting) to define congregate: verb, I con*gre*gate I -,gat Definition of CONGREGATE :to collect into a group or crowd :assemble :to come together into a group, crowd, or assembly Origin of CONGREGATE Middle English, from Latin congregatus, past participle of congregare, from com- + greg-, grexflock First Known Use: 15th century See also: congregate Merriam- Webster CITY OF ITHACA BACK-UP ITEM 10.4 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 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 I AND UNLISTED ACTIONS Identify the portions of FEAF completed for this action: FX Part 1 FX Part 2 FX 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: L�Jf' 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. QB. 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.* 11C. 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 Actions. Name of Action: Revise City Zoning Ordinance,Article VA,"Telecommunications Facilities and Services" to Lower Required Fall Zone Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Signature of Preparer: JoAnn Cornish, Director of Planning and Development Date: March 14, 2016 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 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: Revise City Zoning Ordinance,Article VA, "Telecommunications Facilities and Services"to Lower Required Fall Zone ocation of Action: City of Ithaca ame of Applicant/Sponsor: City of Ithaca ddress: 108 East Green Street lCity/_—TownNillage: Ithaca State: New York ZIP: 14850 Business Phone: 607-274-6550 Fame of Owner(if different): ddress: City/Town/Village: State: ZIP: Description of Action: Consideration to revise the City of Ithaca Zoning Ordinance, Article VA, "Telecommunications Facilities and Services" (hereafter referred to as"TCO"), Section 325-29.9. A. (1)concerns the fall zone setback requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: "No habitable structure or outdoor area where people congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or its mount." Specifically, the request is in regard to the only existing telecommunications tower in the City of Ithaca, located at 815 South Aurora Street. The tower is on a 2.5-acre parcel and has an estimated height of 170 feet. In accordance with the existing ordinance,this would require any development to be outside a radius of 340 feet from the base of the tower. The request is to reduce the fall zone to 120% of the height of the tower, the distance the cell tower will actually fall based on two engineering reports submitted to the city, (see appendix )which state that in the worst situation, if all three-guy wires supporting the tower fail, the tower's fall will e equal to the tower's height, or 170 feet and that a debris field may extend beyond the collapsed tower an additional 10-15 feet. 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: Q Urban ® Industrial M Commercial ®Public 0 Forest ®Agricultural ®Other: Total area of project area: 2.9 acres square feet Chosen units apply to following section also.) Approximate Area Units in Question 2 apply to this section 11 After Completion a. 3Meadow or Brushland (non-agricultural) b. Forested c. Agricultural d. Wetland [as per Article 24 of Environmental Conservation Law(ECL)] 7[ e. Water Surface Area 1E- f. Public g. Water Surface Area h. Unve etated (rock, earth, or fill) 1 � i. Roads, buildings, and other paved surfaces .25 Acre L .25 Acre j. Other(indicate type) Grass/Lawn Grass/Lawn a. What is predominant soil type(s)on project site (e.g., HdB, silty loam, etc.): b. Soil Drainage: X Well-Drained 100 % of Site ❑ Moderately Well-Drained %of Site Poorly Drained %of Site [4a. Are there bedrock outcroppings on project site? es L]No ❑N/A 4b. What is depth of bedrock? +/-3 (feet) 4c. What is depth to the water table? 2 (feet) 5. Approximate percentage of proposed project site X 0-10% 100 % 10-15% with slopes: 15 o 0 /o or greater /o r6a X. Is project substantially contiguous to, or does es o /A it contain a building, site or district, listed on or eligible for the National or State Register of Historic laces? 6b. Or a designated local landmark or located in a yes �o ❑N/A local landmark district? i I 7. Do hunting and/or fishing opportunities currently exist in the project area? es X�To �N/A If yes, identify each species: SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant es X�To ❑N/A and/or animal life identified as threatened or endangered? Accordingto: Identify each species: 9. Are there any unique or unusual landforms on es X�To N/A he project site (i.e., cliffs, other geological formations)? Describe: 10. Is project site currently used by the Yes XQNo L]NUA community or neighborhood as an open space or recreation area? If yes, explain: 11. Does present site offer or include scenic viewsl es QNo QN/A own to be important to the community? Describe: 12. Is project within or contiguous to a site �Jyes XONo []N/A designated a Unique Natural Area(UNA) or critical environmental area by a local or state agency? Describe: 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: 14. Lakes, ponds, or wetland areas within or a. Name(s): Conti uous to project area: jib. Size(s) (in acres): 15. Has site been used for land disposal of solid es ❑X No []N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? X es []No []N/A Yes, does sufficient capacity exist to allow connection? es []No XQN/A If Yes, will improvements be necessary to allow connection? Yes []No X /A B. PROJECT DESCRIPTION 1. Ph sical dimensions and scale of project fill in dimensions as appropriate): N/A la. Total contiguous area owned by project sponsor in acres: N/A orsquare feet: lb. Project acreage developed: .25 Acres initially: .25 Acres ultimately: Ile. Project acre-age to remain undeveloped-_ 2.65 ld. Length of project in miles if appropriate): or feet: N/A Ile. If project is an expansion, indicate percent of change proposed: % N/A 1L Number of off-street Earking spaces existin proposed: N/A 1 . Maximum vehicular trips generated (upon completion ofproject)per day: and per hour: N/A lh. Hei ht of tallest ro osed structure in feet. N/A (Existing Tower Height is 170 feet 1'. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A Specify what type of natural material (i.e., rock, earth, etc.)and how much will be removed from the site: or added to the site: N/A • Specify hat type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed for this project? N/A E/A 7Arethere any plans for re-vegetation to replace vegetation removed during construction? 6. If single-phase project, anticipated period of construction: months (including demolition) /A 7. If multi-phased project, anticipated period of construction: months (including demolition) N/A 7a. Total number of phases anticipated: 7b. Anticipated date of commencement for firstphase: month year(including demolition 7c. Approximate completion date of finalphase: month year. 7d. Is phase one financially dependent on subsequent phases? Yes o /A 8. Will blasting occur during construction? Yes o /A If yes, explain: N/A 9. Number of jobs generated during construction: After project is completed: N/A 10. Number of jobs eliminated by this project: Explain: N/A 11. Will project require relocation of any projects or facilities9[3Yes Q o[3N/A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved9DYes Q 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 XD o[3N/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 ONo E N/A PROJECT DESCRIPTION concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet all Creek, 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 [3No a] /A; 14d. If#14a., b., or c. is yes, explain: 15a. Does project involve disposal of solid waste? ©Yes Uio 0 /A i5b. If#15a. is yes, will an existing solid waste disposal facility be used? es o /A 15c. If#15b. is yes, give name of disposal facility: and its location: nd. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill9 Yes o /A If yes, explain: 15e. Will any solid waste be disposed of on site? ®Yes ONo ONUA If yes, explain: 16. Will project use herbicides or pesticides? ©Yes [3No �X 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? ®Yes [3No QN/A; if yes, explain: 18. Will project produce odors? Wes 0 ®N/A If yes, explain: 19. Willproject product operating noise exceed the local ambient noise level during construction? Yes rNo M/A After construction?ryes r3No ® IA 0. Will project result in an increase of energy use?CYes Dlo X NIA if yes, indicate type(s): 1. Total anticipated water usage per day in gals./day: Source of water: N/A C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? ®Yes Mo UNIA If yes, indicate the decision required: {J Zoning Amendment [3 Zoning Variance New/Revision of Master Plan Subdivision 0 Site Plan ©Special Use Permit 0 Resource Management Plan t3 Other: What is the current zoning classification of site? R-3b 3. If the site is developed as permitted by the rn esent zoning,what is the maximum potential development? 4. Is proposed use consistent with present zoning? ©Yes oNo ]NIA 5. If#4 is no, indicate desired zoning: Reduction in fall zone for existing telecommunications.tower 6. If the site is developed by the nronosed zoning, whet i5 :13c n1,Ixinuim potential development ofthe site? 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? ®yes Mo M/A If no,explain: 8. What is the dominant land use and zoning classification within a Y,mile radius of the project? (e.g.,R-1a or R-1b)I-1 (Emerson),P-1 (South Hill School),Ithaca College,R2-a and R3-b. The project site is very near the City/Town municipal boundary. 9. Is the proposed action compatible with adjacent land uses? UYes Olo ® IA Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? 10b. What is the minimum lot size proposed? 11. Will the proposed action create a demand for any community-provided services?(e.g., recreation, education, police, fire protection, etc.)? DYes C]No ®NIA Explain: If yes, is existing capacity sufficient to handle projected demand? 13Yes [Ilo MNUA Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? Dyes Dlo �/A If yes, is existing road network adequate to handle additional traffic? 01yes QNo Lzi /A Explain: D. APPROVALS 1. Approvals: Adoption by Common Council a. Is any Federal permit required? ®Yes MNo a/A Specify: b. Does project involve State or Federal funding or financing?oYes E No a/A If Yes, Specify: c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council X Adoption 2/10/16 Board of Zoning Appeals BZA Planning& Development Board Ithaca Landmarks Preservation Commission ILPC Board of Public Works BPW Fire Department Police Department Bui ing Commissioner Ithaca Urban Renewal Agency (IURA 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: JoAnn Cornish Signature: Title: City of Ithaca Director of Planning and Development END OF PART 1 Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACT 4N 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(15-foot rise per 100 feet of length)or where general slope in the project exceeds ❑ ❑ ❑ Yes ❑ No 10%. Construction on land where depth to the water table is less than El El El Yes ❑ NO 3 feet. Construction of parking facility/area for 50 or more vehicles. ❑ ❑ ❑ Yes ❑ NO Construction on land where bedrock is exposed or generally ❑ El El Yes ❑ NO within 3 feet of existing ground surface. Construction that will continue for more than 1 year or involve ❑ El El Yes ❑ NO more than one phase or stage. Evacuation for mining purposes that would remove more than ❑ El El 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 Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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 of ❑ El El Yes ❑ NO protected stream. Extension of utility distribution facilities through protected water ❑ ❑ ❑ Yes ❑ NO 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 El El El Yes ❑ NO water or more than 10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that ❑ El El 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 Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACT ON WATER(cunt.) 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 ❑ El El Yes ❑ NO approval to serve proposed project. Construction or operation causing any contamination of a public El El ❑ Yes El No water supply system. Project will adversely affect groundwater. ❑ ❑ ❑ Yes ❑ NO Liquid effluent will be conveyed off the site to facilities which do ❑ El El Yes El NO not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of ❑ El El 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 obvious ❑ ❑ ❑ Yes ❑ NO visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical ❑ El El Yes ❑ NO products greater than 1,100 gallons. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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 period El El El Yes ❑ NO per day. Project will result in the incineration of more than 2.5 tons of ❑ El ❑ 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 BTUs per ❑ ❑ ❑ Yes ❑ No hour. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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, ❑ El El Yes ❑ NO using the site, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ ❑ Yes ❑ NO Application of pesticide or herbicide more than twice a year ❑ El 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 resident El El El Yes ❑ No or migratory fish, or wildlife species. Proposed action requires removal or more than acre of El El El Yes ❑ NO mature woods or other locally important vegetation. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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 surrounding land ❑ ❑ ❑ Yes ❑ NO use patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or significantly ❑ ❑ ❑ Yes ❑ No reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening of ❑ El El Yes ❑ No 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 within ❑ El El Yes El No 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 Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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 opportunity. ❑ ❑ ❑ Yes ❑ NO A major reduction of an open space important to the community. ❑ ❑ ❑ Yes ❑ No Other impacts(if any): ❑ ❑ ❑ 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 ❑ El ❑ Yes ❑ NO resource. Proposed action will impact use, function, or enjoyment of the ❑ El El Yes ❑ NO resource. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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 ❑ El ❑ 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 form ❑ ❑ ❑ Yes ❑ NO of energy used in municipality. Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single-or ❑ ❑ ❑ Yes ❑ No two-family residences. Other impacts (if any): ❑ ❑ ❑ Yes ❑ No 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 sensitive ❑ ❑ ❑ Yes ❑ NO facility? Odors will occur routinely(more than one hour per day). ❑ ❑ ❑ Yes ❑ No Proposed action will produce operating noise exceeding local ❑ El El Yes ❑ No ambient noise levels for noise outside of structure. Proposed action will remove natural barriers that would act as El El ❑ Yes El 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, radiation, ❑ El ❑ Yes ❑ NO 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 ❑ ❑ ❑ Yes ❑ No any form i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or ❑ ❑ ❑ Yes ❑ NO hazardous wastes. Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, El El El Yes El NO irritating, infectious, etc., including wastes that are solid, semi- solid, liquid, or contain gases). Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone 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 ❑ El El Yes ❑ NO residential, commercial, or industrial property in excess of 30,000 square feet. Other impacts (if any): See Pali 3 ❑ ® ® 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 ❑ El ❑ NO goals. Proposed action will cause a change in the density of land use. ❑ ❑ ❑ Yes ❑ NO Proposed action will replace or eliminate existing facilities, ❑ El ❑ 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 ❑ El El Yes ❑ NO more businesses. Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be "Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD(coat.) 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— BACK-UP ITEM 10.4 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM - Part III Request to Revise City Zoning Ordinance,Article VA,"Telecommunications Facilities and Services"to Lower Required Fall Zone,April 6,2016 (Prepared by J. Cornish, Director of Planning and Development) PROJECT DESCRIPTION The City is considering revising City Zoning Ordinance, Article VA, "Telecommunications Facilities and Services" (hereafter referred to as "TCO"), Section 325-29.9. A. (1) concerns the fall zone setback requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: "No habitable structure or outdoor area where people congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or its mount." Currently the City has one existing telecommunications tower located at 815 South Aurora Street. The tower is on a 2.5-acre parcel and has an estimated height of 170 feet. In accordance with the existing ordinance, this would require any development to be outside a radius of 340 feet from the base of the tower. The proposed revision to the zoning ordinance is to reduce the fall zone to 120% of the height of the tower, the distance the cell tower will actually fall based on two engineering reports submitted to the city, (available upon request) which state that in the worst situation, if all three-guy wires supporting the tower fail, the tower's fall will be equal to the tower's height, or 170 feet and that a debris field may extend beyond the collapsed tower an additional 10-15 feet. Cell Tower Fall Zone - Existing & Proposed IMPACT ON LAND With the existing fall zone, (340')the parcel cannot be developed. If the fall zone were reduce to 120%(170') it would leave developable land outside the proposed fall zone. Should the ordinance be revised and a development project proposed, the project would be subject to site plan review, which would include environmental review. IMPACT ON WATER No Impact anticipated IMPACT ON DRAINAGE No Impact anticipated IMPACT ON AIR No Impact anticipated IMPACT ON PLANTS AND ANIMALS No Impact anticipated IMPACT ON AESTHETIC RESOURCES Normally,the addition of a cell tower would impact aesthetics. However, this cell tower already exists and is not likely to be removed any time in the near future. The tower is currently located on an asphalt parking lot adjacent to lawn area on three sides and Route 96B on the fourth side. The tower can be seen from many areas of the City and has a negative impact on views of South Hill as well as from South Hill to the north where one can see panoramic views of Cayuga Lake and the distant hills. Several buildings exist in the fall zone that is currently regulated by the Telecommunications Ordinance (340 feet). The addition of buildings and especially landscaping within the proposed fall zone of 170 feet will lessen the visual impact within the immediate vicinity of the cell tower but will have little to no impact on other longer distance views. MLWI IMPACT ON HISTORIC RESOURCES No Impact anticipated IMPACT ON OPEN SPACE AREA No Impact anticipated IMPACT ON TRANSPORTATION No Impact anticipated IMPACT ON ENERGY No Impact anticipated IMPACT ON NOISE AND ODORS No Impact anticipated IMPACT ON PUBLIC HEALTH The tower at 815 South Aurora Street is a non-conforming structure and would not be allowed under current zoning. The original tower was erected many years ago and residential buildings are within 180 feet of the tower and will be impacted if the tower fails. If the tower were to fall in a southerly direction, it would likely hit an existing apartment building. Were it to fall in a northerly direction, it would demolish the telecommunications facility building, including the exterior fuel tank located on its southern wall,and fall onto the concrete building on site. Were it to fall in a westerly direction, it would fall across Route 96B,taking down power lines. Because of the tower's size and weight, anythin it hits will likel be severely damaged. Several structural analysis reports from New York State Licensed Engineering firms have been completed over the past several years. They include: • Towerkraft Engineering, P.C.Design and Analysis of Communication Structures, Prepared by Steven Fehlhafer, P.E. and reviewed and certified by Alvin Kraft, P.E., August 14, 2007, • Towerkraft Engineering, P.C. Design and Analysis of Communication Structures, Prepared by Steven Fehlhafer, P.E. and reviewed and certified by Alvin Kraft, P.E., May 29, 2008, • Taitem Engineering, Letter/Report prepared by Javier E. Rosa, P.E., Partner and Senior Engineer, Structural Department, certifying the fall zone for the existing guy wire tower located at 815 S.Aurora Street, dated January 15, 2015, • SPEC Consulting, Letter/Report prepared by Gary Bush, P.E., for the Tower Fall Zone, Cell Phone Tower, 815 S. Aurora Street, Ithaca,NY, dated February 3, 2016, • Bennett& Pless, Structural Analysis Report, 170 ft. Guyed Tower, 815 South Aurora Street, Ithaca NY, prepared by Michael T. DeBoer, P.E. Sr. Technical Director, Telecom, dated February 4, 2016. *(All reports available upon request in the City of Ithaca Planning Department.) Findings in the reports varied slightly but concluded: • The tower height is 170 feet and has a steel lattice frame. • The tower is supported at its base by a single point in a ball-and-socket configuration which allows rotational motion of the tower at the connection point and prevents undue stresses which would be present if this were a rigid connection. • The tower is held upright by a set of guy wires which are anchored to concrete foundations set into the ground and sized to resist the wind loads expected by the tower and its appurtenances. • The fall zone would be equal to the height of the tower. • The debris field may extend beyond the collapsed tower an additional 10-15 feet although the engineering reports state this is unlikely because the communication components attached to the tower can withstand higher loads, and most likely will remain attached to the tower frame during and after collapse. • Analysis was performed with a 70 MPH basic wind speed (the designated wind speed for Tompkins County, NY)as stated by ANSI EIA/TIA design standard 222-F (Electronic Industries Association Structural Standards for Steel Antenna Tower and Antenna Supporting Structures)and included loading of all tower members with an accumulation of`/z"of radial ice accumulation. • The tower is at or slightly above its capacity and at its maximum height per its structural load. Based on the structural capacity of the structure,the tower cannot physically go any higher. Therefore, reconstruction of the tower base would be required. • Geotechnical information was not available so actual soil properties are not known. Assumptions were made that the soil type was "normal" and that the bearing pressure at the base is not considered a risk to failure since safety factors are included in the determination of allowable bearing capacity. The reports did not investigate the potential hazards of burning and falling antenna arrays igniting nearby trees or buildings. IMPACT ON GROWTH AND CHARACTER OF COMMUMITY OR NEIGHBOORHOOD No Impact anticipated 10.5 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 164, Entitled "Dons and Other Animals" To Prohibit the Feeding of Waterfowl on City Property WHEREAS, the City has been struggling with considerable human-wildlife conflict resulting from a burgeoning geese population on habitable lands, and WHEREAS, the conflict between people and waterfowl is particularly pronounced on the City's playing fields and parklands where people like to recreate, and WHEREAS, feeding of waterfowl contributes to the concentration of such birds in areas frequented by the public by encouraging birds to congregate for food, and WHEREAS, feeding of waterfowl can be detrimental to their health as waterfowl can suffer from nutritional disorders, such as calcium deficiencies and bone disease, as a result of the poor quality of food like bread and corn that is typically fed to geese in public settings, and WHEREAS, feeding of waterfowl causes behavioral changes in the geese by decreasing their fear of humans and encouraging to remain in locations where public feeding is taking place, and WHEREAS, the concentration of waterfowl can be destructive to lawns and can interfere with the planned use of parklands, and the resultant quantities of feces can create public health concerns and reduce the aesthetic and recreational value of parks and other public property; now, therefore, ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 164 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 164 of the Municipal Code is hereby amended to add a new Article to be inserted as Article III, Waterfowl. Section 2. Chapter 164, Article III is hereby created to read as follows: Article III: Waterfowl §164-21 Applicability. This article shall apply to all areas of the City of Ithaca. §164-22 Definitions. As used in this article, the following words shall have the meanings indicated: WATERFOWL Members of any and all species of wild and domestic aquatic birds, including but not limited to ducks, geese, and swan. 4164-23 Feeding prohibited. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on public property. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on private property without the prior approval of the owner of such property. 4164-24 Enforcement; appearance ticket. All police officers in the City shall administer and enforce the provisions of this article and for such purpose shall have the authority to issue appearance tickets. $164-25 Penalties for offenses. Except as provided in the Agriculture and Markets Law, a violation of this article constitutes a civil offense punishable in accordance with $1-1 of the City of Ithaca Municipal Code. These penalties shall be in addition to any other penalties Provided by law. 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. 14. MAYOR'S APPOINTMENTS: 14.1 Appointment to Public Art Commission - Resolution RESOLVED, That Carol Mallison be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2019.