HomeMy WebLinkAbout07-05-17 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, July 5, 2017, at
6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca,
New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
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 Approval and Endorsement of the Downtown Ithaca Alliance Application to NYS
Homes and Community Renewal for Funding Under the New York Main Street
Program – Resolution
8.2 Authorization of Alex Haley Pool Lease with Ithaca City School District –
Resolution
8.3 Establishing Energy Benchmarking Requirements for Certain Municipal Buildings
– Resolution
8.4 Police Department – Request to Amend 2017 Authorized Budget for Homeland
Security Grant - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Resolution Authorizing Implementation and Funding in the First Instance 100%
of the Federal Aid-Eligible Costs and State Transportation Alternatives Program
(TAP) Aid Eligible Costs, of a Transportation Federal-Aid Project, and
Appropriating Funds Therefore.
9.2 An Ordinance to Add Chapter 8 entitled, “Advisory Commissions,” to the City of
Ithaca Municipal Code
9.3 A Local Law Entitled “Amendment of the City of Ithaca Charter and Code to
Reflect New Advisory Commissions Established by Companion Ordinance.”
9.4 City Controller’s Report
Common Council Meeting Agenda
July 5, 2017
Page 2
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10. An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning,” to Include Definitions for Urban Beverage Producer, Large
Beverage Producer, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD
Districts
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Ordinance
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
15. REPORTS OF COMMON COUNCIL LIAISONS:
16. REPORT OF CITY CLERK:
17. REPORT OF CITY ATTORNEY:
18. MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the Minutes of the June 7, 2017 Common Council Meeting –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: June 29, 2017
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Approval and Endorsement of the Downtown Ithaca Alliance Application to
NYS Homes and Community Renewal for Funding Under the New York Main
Street Program - Resolution
WHEREAS, the Downtown Ithaca Alliance desires to apply for up to $500,000 in
financial assistance through the 2017 Consolidated Funding Application (CFA) under
the New York Main Street Program; and
WHEREAS, the application proposes funding to assist property owners to complete
building renovations to downtown “main street” buildings in the Downtown Ithaca
Business Improvement area; and
WHEREAS, the proposed funding will contribute to ongoing community revitalization
efforts; and
WHEREAS, the grant application requires that the applicant obtain the approval and
endorsement of the governing body of the municipality in which the project will be
located; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca approves and endorses the
2017 New York Main Street Program application for assistance prepared and to be
submitted by the Downtown Ithaca Alliance.
8.2 Authorization of Alex Haley Pool Lease with Ithaca City School District -
Resolution
WHEREAS, Ithaca City School District (ICSD) is the owner of the block bordered by
Esty, North Albany, West Court, and North Plain Streets and identified as tax map
parcel 50.-2-1; and
WHEREAS, the City currently operates the Alex Haley Municipal Pool, and through
GIAC, utilizes the basketball courts located on the southeastern corner of said parcel;
and
WHEREAS, in 1987, the City and ICSD executed a lease to govern the terms and
conditions of the City’s use, and the original lease term has now expired; and
WHEREAS, General City Law Section 20 empowers the City to lease real property
within and without the limits of the city, and as such, the parties have come to agreeable
terms and wish to enter into a new lease incorporating existing uses and the City’s
development of a wading pool; now, therefore be it
RESOLVED, That Common Council supports the continued operation of the pool and
related amenities; and, further be it
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to
execute a lease with ICSD at the rate of $8,050 per year payable from GIAC budget
allotments.
8.3 Establishing Energy Benchmarking Requirements for Certain Municipal
Buildings - Resolution
WHEREAS, buildings are the single largest user of energy in the State of New York.
The poorest performing buildings typically use several times the energy of the highest
performing buildings—for the exact same building use; and
WHEREAS, collecting, reporting, and sharing building energy data on a regular basis
allows municipal officials and the public to understand the energy performance of
municipal buildings relative to similar buildings nationwide, and equipped with this
information the City of Ithaca is able to make smarter, more cost-effective operational
and capital investment decisions, reward efficiency, and drive widespread, continuous
improvement; and
WHEREAS, the City of Ithaca 2015 Comprehensive Plan contains the recommendation
to explore required disclosures of energy use for all properties and required annual
energy benchmarking for large buildings, and the Energy Action Plan recommends to
benchmark City facilities; and
WHEREAS, the City of Ithaca Common Council desires to use Building Energy
Benchmarking—a process of measuring a building’s energy use, comparing
performance to similar buildings, and tracking that use over time—to promote the public
health, safety, and welfare by making available accurate, actionable information on
municipal building energy use to help identify opportunities to cut costs and reduce
pollution in the City of Ithaca; and
WHEREAS, the City of Ithaca currently collects energy use data for many of its facilities
and enters energy benchmarking data for these facilities into Portfolio Manager; and
WHEREAS, the City of Ithaca Common Council desires to establish a more formal
policy for City staff to conduct such Building Energy Benchmarking;
NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the
following specific policies and procedures are hereby adopted.
BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES
§1. DEFINITIONS
(1) “Benchmarking Information” shall mean information generated by Portfolio Manager,
as herein defined including descriptive information about the physical building and its
operational characteristics.
(2) “Building Energy Benchmarking” shall mean the process of measuring a building’s
Energy use, tracking that use over time, and comparing performance to similar
buildings.
(3) “Superintendent” shall mean the Superintendent of Public Works, or his/her
designee.
(4) “Covered Municipal Building” shall mean a building or facility that is owned or
occupied by the City of Ithaca or the Special Joint Commission that is 1,000 square feet
or larger in size.
(5) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or
other product for use in a building, or renewable on-site electricity generation, for
purposes of providing heating, cooling, lighting, water heating, or for powering or fueling
other end-uses in the building and related facilities, as reflected in utility bills or other
documentation of actual Energy use.
(6) “Energy Performance Score” shall mean the numeric rating generated by Portfolio
Manager that compares the Energy usage of the building to that of similar buildings.
(7) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units)
used per square foot of gross floor area.
(8) “Gross Floor Area” shall mean the total number of enclosed square feet measured
between the exterior surfaces of the fixed walls within any structure used or intended for
supporting or sheltering any use or occupancy.
(9) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-
based tool developed and maintained by the United States Environmental Protection
Agency to track and assess the relative Energy performance of buildings nationwide, or
successor.
(10) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal
Buildings.
(11) “Weather Normalized Site EUI” shall mean the amount of Energy that would have
been used by a property under 30-year average temperatures, accounting for the
difference between average temperatures and yearly fluctuations.
§2. APPLICABILITY
(1) This policy is applicable to all Covered Municipal Buildings as defined in Section 1 of
this policy.
(2) The Superintendent may exempt a particular Covered Municipal Building from the
benchmarking requirement if the Superintendent determines that it has characteristics
that make benchmarking impractical.
§3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS
(1) No later than June 1, 2018, and no later than June 1 every year thereafter, the
Superintendent shall enter into Portfolio Manager the total Energy consumed by each
Covered Municipal Building, along with all other descriptive information required by
Portfolio Manager for the previous calendar year.
(2) For new Covered Municipal Buildings that have not accumulated 12 months of
Energy use data by the first applicable date following occupancy for inputting Energy
use into Portfolio Manager, the Superintendent shall begin inputting data in the following
year.
§4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION
(1) The Superintendent shall make available to the public on the internet Benchmarking
Information for the previous calendar year:
(a) No later than September 1, 2018 and by September 1 of each year thereafter for
Covered Municipal Buildings; and
(2) The Superintendent shall make available to the public on the internet and update at
least annually, the following Benchmarking Information:
(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived
from aggregation of Benchmarking Information; and
(b) For each Covered Municipal Building individually:
(i) The status of compliance with the requirements of this Policy; and
(ii) The building address, primary use type, and gross floor area; and
(iii) Annual summary statistics, including site EUI, Weather Normalized Source
EUI, annual GHG emissions, and an Energy Performance Score where available;
and
(iv) A comparison of the annual summary statistics (as required by Section
4(2)(b)(iii) of this Policy) across calendar years for all years since annual
reporting under this Policy has been required for said building.
§5. MAINTENANCE OF RECORDS
The Superintendent shall maintain records as necessary for carrying out the purposes
of this Policy, including but not limited to Energy bills and other documents received
from tenants and/or Utilities. Such records shall be preserved for a period of three (3)
years.
§6. ENFORCEMENT AND ADMINISTRATION
(1) The Superintendent may promulgate regulations necessary for the administration of
the requirements of this Policy.
(2) No later than September 1, 2018, and by September 1 of each year thereafter the
Superintendent shall submit a report to the Board of Public Works and Common Council
including but not limited to summary statistics on Energy consumption for Covered
Municipal Buildings derived from aggregation of Benchmarking Information, a list of all
Covered Municipal Buildings identifying each Covered Municipal Building that the
Superintendent determined to be exempt from the benchmarking requirement and the
reason for the exemption, and the status of compliance with the requirements of this
Policy.
§7. EFFECTIVE DATE
This policy shall be effective immediately upon passage.
§8. SEVERABILITY
The invalidity or unenforceability of any section, subsection, paragraph, sentence,
clause, provision, or phrase of the aforementioned sections, as declared by the valid
judgment of any court of competent jurisdiction to be unconstitutional, shall not affect
the validity or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and effect.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
MAYOR’S OFFICE
NICK GOLDSMITH, SUSTAINABILITY COORDINATOR
Telephone: 607-274-6562
Email: ngoldsmith@cityofithaca.org
Fax: 607-274-6558
To: Common Council
From: Nick Goldsmith, Sustainability Coordinator
Date: June 13, 2017
Re: Energy Benchmarking Policy Resolution
Dear Common Council,
This document provides context and additional information regarding the Energy Benchmarking
Policy Resolution that is on the agenda for the City Administration meeting on June 21.
NYSERDA’s Clean Energy Communities Program
Pursuit of this policy was prompted by a funding opportunity. The New York State Energy Research
and Development Authority (NYSERDA) Clean Energy Communities program provides grants to
municipalities that earn the Clean Energy Community designation. This is accomplished by completing
four “high-impact” actions from a list of ten possible. The four actions that I believe would be easiest
and quickest for the City to complete are:
Energize NY Finance: Participate in ENYF program, which allows property owners to pay back the
cost of clean energy upgrades to their commercial or non-profit property through a special charge on
their property tax bill. (Status: Completed – Program running as of 2016);
Solarize: Undertake a solarize campaign to increase the number of solar rooftops in the jurisdiction
(Status: Completed – Our previous participation in Solar Tompkins satisfies the requirements);
Clean Fleets: Install an electric vehicle (EV) charging station and/or other alternative fuel
infrastructure or deploy alternative fuel vehicles in the municipal fleet (Status: In progress – Two Tesla
chargers to be installed in Seneca Street Garage); and
Benchmarking: Adopt a policy to report the energy use of municipal buildings on an annual basis
(Status: Under Consideration);
Once the City has earned the Clean Energy Community designation, it has three months to apply for
one of the grants; there are four $100,000 grants and ten $50,000 grants available in the Southern Tier,
on a first-come, first-served basis. None of these awards have been claimed to date, but there is
mounting interest in the program.
Energy Benchmarking Policy
Many municipalities nationwide have adopted energy benchmarking and disclosure policies that
require public and private buildings across the entire municipality to track energy usage and report
that data to the municipality. The City will be researching such a policy in the context of the Green
Building Policy Project, which is examining energy and sustainability standards for new construction,
and ways the City could promote or mandate those standards. The Green Building Policy project, a
joint project with the Town of Ithaca, just kicked off in April and will run through early 2018.
The City has a chance to lead by example by adopting this municipal energy benchmarking policy,
which would only cover facilities affiliated with the City. The City of Ithaca 2015 Comprehensive Plan
contains the recommendation to explore required disclosures of energy use for all properties and
annual energy benchmarking for large buildings. The Energy Action Plan also recommends to
benchmark City facilities and to use the results to prioritize energy audits. The City has adopted a goal
of reducing GHG emissions 80% by the year 2050, which is in line with the globally recognized Paris
Climate Agreement. The benchmarking policy is also in our own self-interest: it will identify
opportunities to save money and reduce energy use.
Implementing this policy will require a low level of City resources. The policy as written covers about
25 buildings. The Sustainability Coordinator currently benchmarks 13 City facilities in Energy Star
Portfolio Manager, the online tool referenced in this policy. In addition, the GIS department already
keeps annual energy use data. Building maintenance staff could potentially be incorporated into the
process as well. By working together, the Sustainability Coordinator and GIS department can create a
streamlined process for meeting the annual requirements of this policy with little or no extra work than
is already being performed, and the information can be used by building maintenance staff to identify
problems and prioritize repair efforts and capital improvements.
I am happy to discuss the items above in more detail with you. Please feel free to contact me at your
convenience.
8.4 Police Department – Request to Amend 2017 Authorized Budget for
Homeland Security Grant - Resolution
WHEREAS, the Ithaca Police Department (IPD) recently received a US Department of
Homeland Security’s State Homeland Grant administered by New York State for
$100,000; and
WHEREAS, the grant will be used to improve and develop tactical team capabilities
through equipment, training, and exercise with funding through August 31, 2019; and
WHEREAS, equipment and resources purchased through this grant will include:
Helmets and night vision helmet mounts, self-contained breathing apparatus,
throwable remote robot, air purifying respirator, handheld sensor radar unit, pole
camera and training.
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2017 authorized Police
Department budget to account for the $100,000 New York State Homeland Security and
Emergency Services Grant as follows:
Increase Revenue Account:
A3120-4320 Police Federal Aid $100,000
Increase Appropriations:
A3120-5125-5001 Police Overtime $19,500
A3120-5225-5022 Police Equipment $80,500
$100,000
[j[* Hometand Security
. iralr , and Emergency sen ices
JOI{N P. MELVILLE
Commissloner
Icbnrary 27, 2017
'Ihe Honor"ble Svantc Myrick
Mayor, City of lthaca
loE Esst Green St.
Ithaca, NY 14850
Dear Mayor Myrick
I au plcased to announcc that the City oflthaca has bccn awarded $100,000 in fcderal fulding under lhe
FY20l6 Tactical Team Grant Prograrh. Funding for this initialive iE provided by fte U.S. Depanmcol ofHomeland
Sccurily's (DHS) State Homeland Security Graflt Progran (SHSP) and is administered by thc New York State
DivisionolHomelandSecurityandEmergencyServices(DHSES).'l'hepeIformalrcepcriodforthisawardisApril
l,2017 through August 31, 2019.
As outlincd id yorr application, this funding is provided to imFovc and dcvelop tactical rcam capabilities
rhrough cquipnen! trainio& exqcisc, and plan ling projefls that suppofi counter lerorism missions in your
jurisdiction as *ell as your team's atainmcnt ofthe New Yort Srsle Division ofctiminal Jusrice s'crvicc,e (DCJS)
SWAT Team Staodards.
Additionally, your applicatior indicatod dral you were spplying as a Regior8l Partnorship with the
'tompkios County sheriffs Officc for iunding. As a condition oflhat parheEhip, you must provide an executed
Ider-Municipal A$cement ro DHSES within six (6) months ofthir lcdcr (if you hsvo not donr so already) or
funding timugh this program may be rcscinded. Templates for the lnl,cr-Muricipal Agreements cafl b€ qbLined by
contacting Dave Mahany of DCJS at DalcJ.Mllr8n}@cis.nv.eov
A! a reminder, all capabilities developcd through Ederal FY20l6 SHSP funding 8r€ rcquired to bc
dcployable regionally and ndionally per the Federal guidelines. ln sddition, ftrding lhrough this gtant program is
subjcct ro both New York State 8nd fedeial guidelines and regulatlons, Finally, all baining thst is fuDdcd lhrough
this grant program must be submitted to DHSES witlin six (6) montfiE oftho date ofthh tottor for review and
spproval.
ln order to ensure these funds are rtade ayailablc as quickly as possible a rcpr€scdtative from DHSES'S
Cr6nB ProSram Administration Unit will be rcaching out to yolr.r grarf point ofcoltrct Ifyou have 8ny questions
aboul this program, please corflact my DirEctor ofcrarts Program Adtni sffiiorL Shelley Wahrlich aI (518) 402-
2123.
Congratulations on your award and I look forward to workng with you to Edminist.r this program
"1P. Melville
Commissioner
Cc: Sgt. Jacob Youn& Ciry oflthoca Policc Dcpartrncnt
1220 Washington Avenue, Slals Oflic€ Building Campus
Building 7Ar Suite 7'10
Nbany, NY 12242
BAoK-UP rrEM 9,+
ANDREW M, CUOMO
6overnor
Sincerely,
9. CITY ADMINISTRATION COMMITTEE:
9.1 A Resolution Authorizing Implementation and Funding in the First Instance
100% of the Federal Aid-Eligible Costs and State Transportation Alternatives
Program (TAP) Aid Eligible Costs, of a Transportation Federal-Aid Project, and
Appropriating Funds Therefore.
WHEREAS, a Project for the Hector Street Complete Street, P.I.N. 395063 (the
“Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the
apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non-federal funds; and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment
of 100% of the non-federal share of the costs of Preliminary Engineering/Design/ROW
Incidentals; and
WHEREAS, preliminary engineering, design, and ROW incidentals are exempt from
further environmental review as Type II actions; now, therefore, be it
RESOLVED, That Common Council, duly convened does hereby approve the above-
subject project, subject to further environmental review of construction; and, be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in
the first instance 100% of the federal and non-federal share of the cost of Preliminary
Engineering/Design/ROW Incidentals work for the Project or portions thereof; and, be it
further
RESOLVED, That the sum of $331,800 is hereby advanced from the General Fund with
later repayment from the issuance of serial bonds and made available to cover the cost
of participation in the above phase of the Project; and, be it further
RESOLVED, That Common Council hereby creates Capital Project #846, Hector Street
Complete Street, to include the Project costs of $331,800; and, be it further
RESOLVED, That in the event the full federal and non-federal share costs of the project
exceeds the amount appropriated above, the Common Council of the City of Ithaca
shall convene as soon as possible to appropriate said excess amount immediately upon
the notification by the NYSDOT thereof; and, be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to
execute all necessary Agreements, and the Superintendent of Public Works is hereby
authorized to execute all necessary certifications or reimbursement requests for Federal
Aid on behalf of the City of Ithaca with the New York State Department of
Transportation in connection with the advancement or approval of the Project and
providing for the administration of the Project and the municipality’s first instance
funding of Project costs and permanent funding of the local share of federal-aid and
state-aid eligible Project costs and all Project costs within appropriations therefore that
are not so eligible; and, be it further
RESOLVED, That this project be undertaken with the understanding that the final cost
of the Project to the City of Ithaca will be roughly 20% of said portion, paid via
respective Sidewalk Improvement District #5 funds, currently estimated at $66,360 of
the $331,800 authorized for this portion of the project, in monies and in-kind services as
managed by the Superintendent of Public Works and monitored by the City Controller;
and, be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in
connection with the Project; and, be it further
RESOLVED, This Resolution shall take effect immediately.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-5690
Office of City Engineer
Telephone: 607 / 274-6530 Fax: 607 / 274-6415
To: City Administration Committee
From: Tim Logue, Director of Engineering
Date: June 13, 2017
Re: Master Agreement for Hector Street Complete Street Project
Please find enclosed a resolution authorizing the master agreement with the
NYSDOT for a new federal-aid, capital project to construct a sidewalk and an
uphill bikeway along Hector Street (Rt 79). The City of Ithaca is a recipient and
will receive $1,400,000 in federal funding assistance for a $1,700,000 project to
enhance pedestrian, bicycling, and bus conditions and to improve safety along
Hector Street (Rt. 79) between Floral Avenue and 500 feet past the City line
towards Linderman Creek Apartments. This grant application was
recommended by the Board of Public Works and approved by Common Council
in November 2016.
The project scope includes:
1. Connect to the existing Hector Street sidewalk and construct 4,100 linear
feet of new sidewalk
2. Create an uphill bikeway along Hector Street
3. Establish 2 enhanced bus stops at Warren Place and North Taylor Place
4. Enhance walking and bicycling conditions throughout the corridor—
including across municipal boundaries via a cost-sharing agreement with
the Town of Ithaca in order to extend the walkway to Linderman Creek
Apartments
5. Improve traffic safety in the vicinity via select infrastructure investments
in curbing, stormwater pipes, retaining walls, and street lighting
Though the City has to front the monies for this project, 80% of the project costs
are reimbursable from federal funding. Over the next few months, Sidewalk
Improvement District #5 will evaluate funding strategies to cover the City’s 20%
share ($350,000). At this point, I am only asking for approval for the design and
ROW incidental phases of the project. Once the design work is complete,
construction funds will be made available and I will return for further approvals.
As an engineering study, this project, so far, is a Type II action in accordance
with the City and State environmental review laws. The environmental review of
construction activities will be included in the scope of work for design and
preliminary engineering. I expect that the Board of Public Works will likely be
the lead agency for this review.
9.2 An Ordinance to Add Chapter 8 entitled, “Advisory Commissions,” to the
City of Ithaca Municipal Code
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; and
WHEREAS, in February of 2012, the Common Council convened at a retreat to look at
the report’s recommendations in greater depth and develop and prioritize a work plan;
and
WHEREAS, one of the report’s recommendations regarding the Board of Public Works
was expanded to consider a comprehensive analysis of all boards and committees and
was assigned to the now-defunct Government Performance and Accountability
Committee; and
WHEREAS, on May 4, 2016, the Common Council unanimously passed a resolution
establishing a Boards and Committees Restructuring Working Group (the “Working
Group”) 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; and
WHEREAS, the Working Group has engaged in diligent analysis, received input from
the existing boards and committees and public, and developed a new advisory
commission structure as set forth in this Ordinance; and now, therefore
ORDINANCE 2017-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact.
The Common Council makes the following findings of fact:
1. The current boards and committees organizational structure is confusing to the
public and challenging for citizens to understand how to participate.
2. The Comprehensive Plan includes the following public participation goals, which
will be better realized by the Advisory Commission structure herein adopted:
a. All members of the community will know of and have opportunities to
participate in governing and decision-making processes of interest to
them.
b. The City’s active outreach to the community will support high-quality public
participation.
c. All members of the community will feel confident that their voices will be
taken seriously and given respect in City decision-making processes that
are important to them.
d. All members of the community will know how to access information about
decisions being made and what information is informing those decisions,
and all this information will be easily accessible to the public
d. All members of the community will know how to access information about
decisions being made and what information is informing those decisions,
and all this information will be easily accessible to the public
3. As a result of limited City staff resources coupled with a large number of boards
and committees, many boards and committees lack regular administrative and
support staff, limiting their effectiveness.
4. Many issues that come before Common Council lack a corresponding board or
committee to vet the issues, gather public input, and develop recommendations
for Common Council.
5. Under the current boards and committees structure, there is overlap between
several boards and committees causing inefficiencies, wasted resources, and
breakdowns in communication. The practice of appointing liaisons from one
board or committee to another only partially addresses these breakdowns.
6. The recruitment, application, and appointment process necessary to fill all
positions in the current boards and committees’ structure is cumbersome, time
consuming, and leads to long vacancies on the boards and committees.
7. It is, therefore, desirous to create four “umbrella” Advisory Commissions with
thirty-six appointed voting members that will replace twelve existing boards,
commissions, and committees.
Section 2. Creation of Chapter 8, “Advisory Commissions.”
The City of Ithaca Municipal Code is hereby amended to add a new Chapter 8, entitled
“Advisory Commissions.” Such Chapter shall read as follows:
Chapter 8 – Advisory Commissions
Article I – Purpose, Establishment, and General Provisions
§ 8-1. Purpose.
The purpose of this Chapter is to establish Advisory Commissions that shall provide
the City of Ithaca, City of Ithaca Common Council and committees thereof, and the
City of Ithaca’s quasi-judicial boards with research, public input, and analysis and
other assistance as necessary in the subject areas impacting the City of Ithaca to
which each Advisory Commission is tasked.
§ 8-2. Establishment.
The Common Council of the City Ithaca hereby establishes the Public Safety and
Information Commission; Community Life Commission; Mobility, Accessibility, and
Transportation Commission; and Parks, Recreation, and Natural Resources
Commission. These Commissions shall be collectively known as the Advisory
Commissions. The Advisory Commissions serve the City of Ithaca, the City of Ithaca
Common Council and committees thereof, and the City of Ithaca’s quasi-judicial
boards. The Advisory Commissions serve solely in an advisory capacity and, absent
approval of the Common Council, may take no action binding the City, its officers, or
employees.
§ 8-3. Duties.
The general duties of the Advisory Commissions, in addition to those specific duties
of each Advisory Commission set forth in this Chapter, are as follows:
A. To draft and update as necessary a work plan in consultation with the
Advisory Commission’s Common Council liaisons and City staff designees.
B. To draft and vote on advisory resolutions or summary statements on matters
before the Common Council, committees thereof, or the City’s quasi-judicial
boards.
C. To receive public input on, and facilitate public discussion of, matters before
Common Council, committees thereof, or the City’s quasi-judicial boards.
D. To conduct research on matters before the Common Council, committees
thereof, or the City’s quasi-judicial boards.
E. To research and make recommendations regarding City processes and
policies.
F. To hold regular meetings as set forth in this Article.
G. To maintain records of proceedings.
§ 8-4. Membership.
A. Membership and appointment. Each Advisory Commission shall consist of
nine voting members who shall be appointed as follows:
(1) Voting members. Each Advisory Commission shall have nine voting
members, comprised of one Chairperson and eight Commissioners.
(2) Chairperson. The Mayor, with approval of the Common Council, shall
appoint one voting Chairperson to each Advisory
Commission. The Chairperson shall preside over the Advisory
Commission and set the Advisory Commission’s meeting agendas in
consultation with designated City staff and the Common Council liaisons.
(3) Commissioners. The Mayor, with approval of the Common Council, shall
appoint eight voting Commissioners to each Advisory Commission.
(4) Common Council liaisons. The Mayor shall appoint two non-voting
Common Council liaisons to each Advisory Commission, neither of which
should, if feasible, be the committee chair for any standing committee of
the Common Council.
(5) Advisors. Each Advisory Commission may appoint up to ten non-voting
advisors who have expertise in one or more subject matter areas
addressed by the Advisory Commission. Any such appointed advisor shall
serve as a resource to the Advisory Commission and may participate in
meetings, subcommittees, or working groups as permitted by the Advisory
Commission’s rules and procedures in their discussion of agenda items as
to which the appointed advisor has expertise to offer. Subject to renewal
by the Advisory Commission to which the advisor serves, such advisors’
terms shall expire one year after appointment, unless earlier terminated by
that Commission.
B. Residency.
(1) No more than two commissioners may reside outside the City of Ithaca.
When appointing a non-resident commissioner, the Mayor shall strive to
appoint non-resident commissioners with demonstrable ties to or interests
in the City, including, but not limited to, ownership of real property in the
City, ownership of a business that is located in the City or conducts
business in the City, employment in the City, membership on the board of
a not-for-profit organization located in the City or serving the City, or other
significant volunteer work in the City.
(2) The Chairperson must reside in the City of Ithaca.
C. Terms of office. Terms of office for the voting members of the Advisory
Commissions shall be two years, except that of the initial appointments, four
shall expire on December 31, 2018 and five shall expire on December 31,
2019.
D. Vacancies. Vacancies on the Advisory Commissions shall be filled in the
same manner as the original appointment, except that a vacancy occurring
other than by expiration of term of office shall be filled only for the remainder
of the unexpired term. Applications to fill the vacancy of an expiring term that
have been submitted by October 31 of the year in which the term expires, or
on such other date as the Common Council may deem appropriate, shall be
considered for appointment to the subsequent term. In the event that a
vacancy arises for reasons other than the expiration of the term, applications
to fill the vacancy that have been submitted by April 30 shall be considered
for appointment to the vacancy effective no later than July 1 and applications
that have been submitted by October 31 shall be considered for appointment
to the vacancy effective no later than January 1 of the following year.
§ 8-5. Meetings.
Each Advisory Commission shall hold regular meetings once each month. Each
Advisory Commission’s Chairperson, or at least three Commissioners, may call
special meetings as required to conduct the business of the Advisory Commission.
All regular and special meetings of the Commission shall be open to the public.
§ 8-6. Agenda.
All meetings of the Advisory Commissions shall have an agenda which shall be
available to the public before the meeting.
§ 8-7. Quorum.
The Advisory Commissions shall not conduct public business without the presence
of a quorum, which shall be five voting members.
§ 8-8. Records.
Each Advisory Commission shall keep a record, which shall be open to the public
view, of its resolutions, proceedings and actions. The vote or failure to vote of each
voting member shall be recorded. The concurring affirmative vote of a majority of the
full voting membership shall constitute approval of the adoption of any resolution,
motion or other action of the Advisory Commission.
§ 8-9. Promulgation of rules and procedures; working groups.
A. The Common Council may by resolution adopt such rules and procedures of
the Advisory Commissions as required to conduct the business of the
Advisory Commissions and which are not inconsistent with the provisions of
this Chapter.
B. Each Advisory Commission, with approval of Common Council, may adopt
supplemental rules and procedures as required to conduct its business, which
are not inconsistent with the provisions of this Chapter, and which are not
inconsistent with all other rules and procedures applicable to the Advisory
Commission adopted by the Common Council.
C. Each Advisory Commission shall have the authority to create, and to dissolve,
ad hoc working groups that are generally limited in purpose and scope to a
particular issue or topic and that exist only for a limited duration of time. When
forming a working group, the Advisory Commission shall appoint the majority
of the working group’s membership from the advisors serving the Advisory
Commission that is forming the working group. No such working group may
exist for more than one year from the date of the working group’s formation,
or from the date of the working group’s most recent renewal, unless the
Commission which formed the working group renews the working group by a
majority vote.
Article II – Public Safety and Information Commission
§ 8-10. Purpose.
The purpose of the Public Safety and Information Commission is to provide the
Common Council, appropriate committees thereof, the City’s quasi-judicial boards,
and City staff with advisory research, public input, and analysis for matters related to
the Ithaca Fire Department, Ithaca Police Department, emergency preparedness,
public information and communication, drug abuse, gorge safety, the Ithaca
Commons, noise, and special events.
§ 8-11. Duties.
The duties of the Public Safety and Information Commission shall include, as
needed, the following:
A. To advise on issues related to policing, fire protection, and emergency
response.
B. To advise on emergency preparedness plans, documents, and policies.
C. To advise on issues of public access to information and City communication
with the public.
D. To advise on issues related to substance abuse.
E. To advise on issues related to gorge safety.
F. To advise on issues related to the use, maintenance, and design of the Ithaca
Commons so as to promote the general welfare and beneficial public use of
the Ithaca Commons.
G. To advise on issues of public health, peace, welfare, and good order with
respect to noise and the regulation of noise under Chapter 240 of the City
Code.
H. To advise on issues related to special events, assemblies, and parades in the
City of Ithaca, including such events considered in Chapter 132 of the City
Code.
I. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter in a manner
consistent with the diversity, accessibility, and sustainability goals of the City
and in conjunction with all appropriate Commissions, as necessary, to
achieve such goals.
Article III – Community Life Commission
§ 8-12. Purpose.
The purpose of the Community Life Commission is to provide the Common Council,
appropriate committees thereof, the City’s quasi-judicial boards, and City staff with
advisory research, public input, and analysis for matters related to community
livability, arts and culture, diversity, community youth and youth development,
seniors and aging, refugees and immigrants, college students, LGBTQIA+ issues,
housing, sustainability, food and food systems, and environmental remediation.
§ 8-13. Duties.
The duties of the Community Life Commission shall include, as needed, the
following:
A. To advise on issues related to art and public art in Ithaca, including public art
displays, programs, and exhibitions.
B. To advise on issues related to rental housing, including the accessibility,
affordability, and quality of rental housing, tenant’s rights, and such other
matters considered by Chapter 258 of the City Code.
C. To advise on issues relevant to Ithaca’s youth and youth development,
including rendering such advice and assistance to the Ithaca Youth Bureau
regarding its operation and programs.
D. To advise on issues impacting Ithaca’s most vulnerable communities,
including refugee, immigrant, and elderly communities.
E. To advise on issues related to the college and graduate student populations
of, and the administrations of, local institutions of higher education, including
Cornell University, Ithaca College, and Tompkins Cortland Community
College.
F. To advise on issues of concern to Ithaca’s lesbian, gay, bi-sexual,
transgender, and queer communities, including fostering a sense of inclusion
for all persons regardless of gender, gender identity or expression, or sexual
orientation.
G. To advise on issues relevant to diversity and the importance of diversity in
Ithaca, including fostering a sense of inclusion for all persons regardless of
actual or perceived age, creed, color, disability, domestic violence victim
status, ethnicity, familial status, gender, gender identity or expression, height,
immigration or citizenship status, marital status, military status, national origin,
predisposing genetic characteristics, race, religion, sex, sexual orientation,
socioeconomic status, or weight.
H. To advise on issues of sustainability, food and food systems, and
environmental remediation and contamination.
I. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter in a manner
consistent with the diversity, accessibility, and sustainability goals of the City
and in conjunction with all appropriate Commissions, as necessary, to
achieve such goals.
Article IV – Mobility, Accessibility, and Transportation Commission
§ 8-14. Purpose.
The purpose of the Mobility, Accessibility, and Transportation Commission is to
provide the Common Council, appropriate committees thereof, the City’s quasi-
judicial boards, and City staff with advisory research, public input, and analysis for
matters related to mobility, accessibility, and transportation, including but not limited
to bicycles, pedestrians, sidewalks, parking, traffic calming and management, public
transit, multiuse trails, taxis, and accessibility for persons with disabilities.
§ 8-15. Duties.
The duties of the Mobility, Accessibility, and Transportation Commission shall
include, as needed, the following:
A. To advise on issues related to bicycle and pedestrian access and
infrastructure.
B. To advise on issues related to obstacles to equal rights, access, and
privileges of persons with disabilities.
C. To advise on issues related to parking, parking garages, residential parking
permits, traffic calming, and traffic management.
D. To advise on issues related to all forms of public transit within, into, and from
the City of Ithaca and the surrounding area.
E. To advise on issues related to sidewalks, sidewalk maintenance, the sidewalk
improvement districts, and multiuse trails.
F. To advise on issues related to taxi, limousine, and livery services and all other
forms of private vehicular transportation for hire.
G. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter in a manner
consistent with the diversity, accessibility, and sustainability goals of the City
and in conjunction with all appropriate Commissions, as necessary, to
achieve such goals.
§ 8-16. Common Council Liaison.
One of the two Common Council Liaisons to the Mobility, Accessibility, and
Transportation Commission, as set forth in Article I of this Chapter, must also be a
Common Council liaison to the Board of Public Works.
Article V – Parks, Recreation, and Natural Resources Commission
§ 8-17. Purpose.
The purpose of the Parks, Recreation, and Natural Resources Commission is to
provide the Common Council, appropriate committees thereof, the City’s quasi-
judicial boards, and City staff with advisory research, public input, and analysis for
matters related to parks, recreation, natural areas, trees, waterways and waterfront,
boating, docks, the City of Ithaca Cemetery, and the Newman Municipal Golf
Course.
§ 8-18. Duties.
The duties of the Parks, Recreation, and Natural Resources Commission shall
include, as needed, the following:
A. To advise on issues affecting the City of Ithaca’s parks and open spaces,
including the City of Ithaca Cemetery and the Newman Municipal Golf
Course, and on the public use of, and access to, such parks and open spaces
for recreation and other purposes.
B. To advise on issues related to the conservation of the designated Natural
Areas of the City of Ithaca set forth in Chapter 114 of the City Code, the
public use of such areas, and education about the importance and fragility of
such areas.
C. To advise on issues related to trees and shrubs, and the maintenance
thereof, in the City of Ithaca, including the provisions of Chapter 306 of the
City of Ithaca Municipal Code.
D. To advise on issues related to the City of Ithaca’s waterways and waterfront,
marinas, docks, boats, and boating.
E. To advise on issues affecting the preservation, development, and use of the
natural and physical features and conditions of the City of Ithaca so as to
enhance the long-range value of the environment to the people of the City.
F. To advise the Planning and Development Board or City staff on
environmental assessments and environmental impact statements required
under Chapter 176 of the City Code for proposed actions.
G. To serve as a means of engaging in community outreach and receiving
community input on the above-described subject matter in a manner
consistent with the diversity, accessibility, and sustainability goals of the City
and in conjunction with all appropriate Commissions, as necessary, to
achieve such goals.
Section 3. Amendments to City Code Repealing Certain Advisory Bodies.
The City of Ithaca Municipal Code is hereby amended to repeal code provisions
establishing advisory bodies to the City that are replaced by the new Commissions set
forth in new Chapter 8.
(a) The following Chapters of the City Code are repealed in their entirety:
Chapter 5, “Public Art Commission”
Chapter 12, “Bicycle/Pedestrian Advisory Council”
Chapter 22, “Circle Greenway Commission”
Chapter 45, “Disability Advisory Council”
Chapter 86, “Parks Commission”
Chapter 100, “Rental Housing Advisory Commission”
Chapter 112, “Shade Tree Advisory Committee”
Chapter 113, “Natural Areas Commission”
(b) The following Sections of the City Code are repealed in their entirety:
Chapter 157, Section 4, “Creation of Board; responsibilities.”
Chapter 4, Section 21, “Advisory Council.”
(c) The following Sections of the City Code are amended as follows:
Chapter 157, Section 3, “Definitions.” The definition for “Commons Advisory Board”
is removed:
Commons Advisory Board
That board, duly appointed by the Mayor, with approval of the Common
Council, charged with various activities and/or powers relating to the Ithaca
Commons by the Common Council.
Section 5. Additional Amendments to the City Code.
To reflect the new Advisory Commissions set forth in new Chapter 8, the City Code is
further amended to repeal or amend any now-mooted reference to superseded advisory
bodies. Such amendments shall read as follows:
(a) Chapter 90, Section 11 is amended as follows:
Employment prohibited in department which reports to relative’s board.
Relatives of members of appointed boards shall not be employed within a
department which is responsible to that board, i.e., Board of Public Works, Board of
Police Commissioners, Board of Fire Commissioners or Planning and Development
Board, or Board of Zoning Appeals.
(b) Chapter 114, Section 3 is amended as follows:
Natural AreasParks, Recreation, and Natural Resources Commission.
The Natural AreasParks, Recreation, and Natural Resources Commission shall
be the advisory body to the Board of Public Works (and Common Council, when
appropriate) that shall coordinate city and public concerns about the natural areas.
The purposes, duties and membership of the Commission are set forth in further
detail in Chapter 113, Natural Areas Commission, of this Code.
(c) Chapter 114, Subsection 4(B) is amended as follows:
Except for necessary emergency repairs to the water supply system at Six Mile
Creek and routine maintenance of existing facilities, no significant, permanent
changes shall be made in the natural areas without prior approval from the Board of
Public Works or the Common Council, acting after soliciting the advice of the Natural
AreasParks, Recreation, and Natural Resources Commission. “Routine
maintenance” refers to work carried out on a regular basis and according to
standardized, general procedures set forth in the “ecologically-informed guidelines”
described in § 114-5 of this chapter.
(d) Chapter 114, Subsection 4(C) is amended as follows:
In the event that physical change to or change in the use of any property adjacent to
or within 100 feet of a designated natural area is proposed and requires
nonministerial City approval of any type, the Natural AreasParks, Recreation, and
Natural Resources Commission shall be notified in writing, as soon as is practical,
by the involved City board or department, and shall be notified, in advance, when
action may be taken on the proposal or if the nature or substance of the proposal
changes.
(e) Chapter 114, Section 5 is amended as follows:
Maintenance.
Ecologically-informed general guidelines for Department of Public Works
maintenance activities within the natural areas shall be promulgated and updated as
necessary by the Department of Public Works, in consultation with the Natural
AreasParks, Recreation, and Natural Resources Commission, and subject to the
approval of the Board of Public Works.
(f) Chapter 114, Section 6 is amended as follows:
Restoration.
Any significant disruption of a natural area by the city shall be restored to as natural
or compatible a state as practical, on the basis of a restoration plan promulgated
with the advice of the Natural AreasParks, Recreation, and Natural Resources
Commission. If the Department of Public Works and the Natural AreasParks,
Recreation, and Natural Resources Commission cannot agree on the plan, the
Board of Public Works shall make a final determination.
(g) Chapter 114, Section 8 is amended as follows:
Ranger(s).
The position of Natural Area Ranger is hereby established to advise users of
regulations governing the natural areas and to demonstrate the city's intention to
protect said areas and enforce the regulations. The Ranger(s) shall be provided with
adequate equipment to communicate readily with law enforcement agencies. The
Ranger(s) shall work under the direction of the Superintendent of Public WorksChief
of Police and shall consult regularly with the Natural AreasPublic Safety and
Information Commission.
(h) The title of Chapter 157, Article I is amended as follows:
General Provisions; Commons Advisory Board
(i) Chapter 157, Section 2 is amended as follows:
The purpose of this chapter is to regulate the use and maintenance of the Ithaca
Commons so as to promote the general welfare and public use of said area. In
addition to the authorities vested in the Superintendent of Public Works and
the Board of Public Works set forth in this Chapter, the Public Safety and
Information Commission shall have the authority to advise on issues related
to the use, maintenance, and design of the Ithaca Commons so as to promote
the general welfare and beneficial public use of the Ithaca Commons.
(j) Chapter 157, Subsection 5(A) is amended as follows:
Permit classes. Commons use permits will be required for all events, activities,
displays, exhibits, commercial sales and other uses of the Commons. Such use
permits will be issued in accordance with the provisions of this section. General
classes of permits that will be referred to the Superintendent or the Commons
Advisory BoardBoard of Public Works include:
(k) Chapter 157, Subsection 5(B) is amended as follows:
Permit Issuance
(1) All requests for permits must be submitted to the Superintendent's office. The
Superintendent may ask for additional information and/or request a personal
appearance before the Commons Advisory BoardBoard of Public Works for a
hearing to present the details of a permit application and, if the Superintendent
deems it appropriate, for a vote by the Board of Public Works on such
permit application.
(2) Review of permit requests shall include scheduling of specific time, duration, and
location of the proposed use or activity. It may also include any special conditions
or restrictions that should be placed on the permit. Permits will be approved by
the Superintendent for a specific activity, specific date, specific time period, and
specific location on the Commons.
(3) The Commons Advisory BoardBoard of Public Works shall serve as an appeals
board for people whose permit applications have been denied by the
Superintendent or who feel that unreasonable restrictions have been placed by
the Superintendent upon their permit.
(4) When a request is approved or conditionally approved by the
BoardSuperintendent, the issuance of a permit will be authorized subject to any
conditions which have been imposed by the BoardSuperintendent or which may
be required by the City. Permits will be issued by the Superintendent. The
applicant will be notified of the Board’sSuperintendent’s decision within five
business days after a decision has been rendered.
(5) Any permit which has been reviewed and approved by either the Superintendent
or the Commons Advisory BoardBoard of Public Works may be revoked or
amended if it is determined that the activity for which the permit was issued is not
being carried out in a manner that meets the terms of the permit.
(6) If a request for a permit is denied by the BoardSuperintendent, the applicant will
be informed of the reasons therefor, in writing, within five business days of the
decision.
(7) The Superintendent will be responsible for notifying appropriate City staff of
permit issuance.
(8) A record of all Board actions will be maintained pursuant to applicable laws.
(l) Chapter 157, Subsection 5(C) is hereby deleted in its entirety.
(m) Chapter 157, Subsection 6(A)(6) is amended as follows:
Comply with all of the applicable conditions and guidelines as set forth by the
Commons Advisory Board and the City of Ithaca.
(n) Chapter 157, Subsection 6(A)(7) is amended as follows:
Provide a security deposit, when required by the Superintendent of Public Works, or
the Commons Advisory Board, to cover anticipated cleaning and repair costs.
(o) Chapter 157, Subsection 7(A)(3) is amended as follows:
Requests for multiple permitted events (three or more) in a calendar year by a single
user requires approval by the Commons Advisory BoardSuperintendent. Requests
for weekly recurring events will be considered by the Commons Advisory
BoardSuperintendent for Mondays, Tuesdays, and Wednesdays.
(p) Chapter 157, Subsection 7(A)(7) is amended as follows:
Sale of merchandise on the sidewalks or public thoroughfares on the
Primary/Secondary Commons shall not be permitted without a valid permit, except
that the sale of event-specific items and items related to, and being sold by, a not-
for-profit organization, or a business located on the Primary/Secondary Commons,
shall be allowed pursuant to approval and permit by the Superintendent and/or
Commons Advisory BoardSuperintendent.
(q) Chapter 157, Subsection 7(A)(13) is amended as follows:
Overnight sleeping on the Commons is prohibited except upon approval of a permit
by the Commons Advisory BoardBoard of Public Works.
(r) Chapter 157, Section 8 is amended as follows:
Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Commons Advisory
BoardSuperintendent or designee, no person shall operate or cause to be
operated on the Ithaca Commons any boom box, tape recorder, radio or other
device for electronic sound amplification in a loud, annoying or offensive manner
such that noise from the device interferes with conversation or with the comfort,
repose, health or safety of others. Refer to City of Ithaca Municipal Code Chapter
240, entitled “Noise,” for further information.
B. Except by special permit issued by the Commons Advisory
BoardSuperintendent or designee, no person shall operate or cause to be
operated any boom box, stereo system, tape recorder, radio or other device from
on or inside any building on the Ithaca Commons, the sound from which is
directed outside towards the pedestrian area.
C. The provisions of Subsections A and B above shall not apply to emergency
warning devices, sirens, alarms or other devices being used solely for public
safety purposes.
D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m. Monday
through Friday and 5:00 p.m. and 9:00 p.m. Sunday through Thursday. On
Friday, amplified sound is allowed from 5:00 p.m. to 10:00 p.m. and on Saturday,
amplified sound is allowed from 10:00 a.m. to 10:00 p.m. Performers are required
to schedule 20 minutes of quiet time for every hour of amplified sound. Approval
of a noise permit by the Commons Advisory BoardSuperintendent or designee
is required. Sound levels are subject to immediate volume reduction upon
request by any City official, or staff member of the Downtown Ithaca Alliance, or
member of the Commons Advisory Board. Requests to extend the hours of
amplified sound may be made to the Commons Advisory BoardBoard of Public
Works.
E. The use of supplemental lighting, movie and slide projectors and any other type
of electrical equipment or display will be carefully reviewed by the
Superintendent, City Electrician, and the Commons Advisory BoardSpecial
Events Committee so as to minimize nuisance or hazard conditions.
(s) Chapter 157, Subsection 12(D) is amended as follows:
The permit shall not be transferable and is revocable at any time should the permit
holder fail to comply fully with the terms of the permit. The permit shall be valid for
the duration of the owner's lease or ownership of premises on the Commons or for a
period of one year, whichever is shorter. The permit shall be renewable annually
upon application to the Superintendent. The permit fee shall be set by the Commons
Advisory BoardBoard of Public Works or Common Council. No more than two
permits shall be issued for each residential or commercial unit. In the case of a
business that requires the presence of animals to perform the function of the
business, one permit shall cover the business and all of its customers. In addition, a
valid New York State dog license is required, and must be presented at the time of
application for the permit.
(t) Chapter 157, Subsection 12(E) is amended as follows:
The Commons Advisory BoardSuperintendent shall review each application for a
business permit and shall grant such permit upon the following conditions:
(u) Chapter 157, Section 14 is amended as follows:
Newsracks.
The Downtown Ithaca Alliance shall administer the placement of newsracks on the
Commons. Requests to use the newsracks will be considered in accordance with the
policy approved by the Commons Advisory BoardBoard of Public Works.
(v) Chapter 157, Section 19 is amended as follows:
Fees.
Permit and use fees will be established by the Commons Advisory BoardBoard of
Public Works or Common Council in consultation with the Board of Public Works.
Fees may be waived or reduced by the Commons Advisory BoardBoard of Public
Works or Common Council if deemed in the best interest of the community. All
fees shall be paid at the time the permit is issued.
(w) Chapter 157, Subsection 20(A) is amended as follows:
Street performers and acoustical musicians may perform on the Commons between
10:00 a.m. and 9:00 p.m. Sunday through Thursday and 10:00 a.m. and 10:00 p.m.
on Friday and Saturday. All street performers shall locate along the edge of the fire
lane and must remain mobile at all times in case emergency vehicles require access
to the area. Performance equipment and materials may not be left unattended.
Street performers must move to a different location every 45 minutes. The
Commons Advisory BoardSuperintendent reserves the right to designate specific
areas for street performers.
(x) Chapter 157, Subsection 20(B) is amended as follows:
The use of amplified sound or fire during a performance is only allowed by permit
from the Commons Advisory BoardSuperintendent. Loud-natured acoustical
instruments such as horns, drums and other percussion instruments require a noise
permit from the Commons Advisory BoardSuperintendent. Performers are
responsible for monitoring and controlling the volume of sound they make and must
reduce the volume upon the request of the Ithaca Police Department, City staff, or
Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board.
(y) Chapter 157, Subsection 21(B)(12) is amended as follows:
If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
revocation of an agreement for outdoor dining shall be given in writing, setting forth
specifically the grounds of the complaint. The applicant shall have a right to a
hearing in front of the Commons Advisory BoardBoard of Public Works on the
proposed revocation or suspension.
(z) Chapter 157, Subsection 21(B)(13) is amended as follows:
The Commons Advisory BoardBoard of Public Works shall have the right to
terminate or reinstate the agreement. Such decision shall become effective
immediately.
(aa) Chapter 157, Subsection 21(D) is amended as follows:
Appeals for denied agreements. Any person or group that has been denied an
agreement for outdoor dining on the Ithaca Commons may appeal such decision to
the Commons Advisory BoardBoard of Public Works. Such appeal shall be
submitted, in writing, to the Superintendent's office within 10 days from the date of
denial. The Commons Advisory BoardBoard of Public Works may act to sustain
the original decision or to revise it, with or without conditions.
(bb) Chapter 157, Subsection 22(C)(7) is amended as follows:
Lighting: lighting can be used for preparing and serving food and illuminating a
menu. Decorative lighting is not permitted unless approved by the Commons
Advisory BoardSuperintendent. Lighting not approved by the Commons Advisory
BoardSuperintendent must be removed immediately.
(cc) Chapter 157, Subsection 22(C)(14) is amended as follows:
Tables: no freestanding tables. Built in, folding-down tables attached to the actual
vendor cart are acceptable, provided they have been approved by the Commons
Advisory BoardSuperintendent.
(dd) Chapter 157, Section 23 is amended as follows:
Mobile vending locations.
The Commons Advisory BoardBoard of Public Works is authorized to determine
appropriate locations where vending shall take place. The Superintendent's office
shall maintain and make available to the public a map of approved vending
locations.
(ee) Chapter 157, Section 24 is amended as follows:
Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m.
Carts must be removed from the Primary Commons between the hours of 10:00
p.m. and 9:00 a.m. Vendors who wish to operate outside regular hours must obtain
permission from the Commons Advisory BoardSuperintendent.
(ff) Chapter 157, Subsection 25(A) is amended as follows:
The Superintendent may issue agreements for mobile vending on the Primary
Commons pursuant to the Mobile Vending Map, which is approved by the Commons
Advisory BoardBoard of Public Works annually. The Superintendent may refuse to
issue an agreement:
(gg) Chapter 157, Subsection 27(C) is amended as follows:
Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is
granted by the Commons Advisory BoardSuperintendent.
(hh) Chapter 157, Subsection 27(F) is amended as follows:
All vendors must maintain the submitted list of items for sale and prices throughout
the agreement period unless special permission is granted by the Superintendent or
the Commons Advisory BoardSuperintendent.
(ii) Chapter 157, Subsection 28(B) is amended as follows:
If the agreement is terminated for cause, the agreement period shall end
immediately, and no refunds will be issued. Notice of proposed suspension or
revocation of an agreement for mobile vending shall be given in writing, setting forth
specifically the grounds of the complaint. The vendor shall have a right to a hearing
on the proposed revocation or suspension before the Commons Advisory
BoardBoard of Public Works no sooner than 10 days after requesting such a
hearing, in writing. Grounds for termination include, but are not limited to:
(jj) Chapter 157, Subsection 28(C) is amended as follows:
The Commons Advisory BoardBoard of Public Works shall have the right to
terminate or reinstate the agreement. Such decision shall become effective
immediately.
(kk) Chapter 157, Section 31 is amended as follows:
Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Commons
may appeal such decision to the Commons Advisory BoardBoard of Public Works.
Such appeal shall be submitted in writing to the Superintendent's office within 10
days from the date of denial. The Commons Advisory BoardBoard of Public Works
may act to sustain the original decision or to revise it, with or without conditions.
(ll) Chapter 157, Section 32 is amended as follows:
Limited waivers and exceptions.
The Commons Advisory BoardSuperintendent is authorized to grant limited waivers
and exceptions to the provisions of this chapter, as appropriate and for temporary
periods not to exceed one week in duration. Such waivers and exceptions shall be
subject to any appropriate review by the Superintendent, the Fire Department, or the
Police Department, or other affected department.
(mm) Chapter 170, Subsection 5(A) is amended as follows:
The authority to grant approval for a permit for a use located on the primary or
secondary Ithaca Commons (for outdoor dining, mobile vending, events, exhibits,
freestanding signs and temporary planters) is and shall be vested in the Commons
Advisory BoardBoard of Public Works or its designee, subject to the provisions of
Chapter 157, Commons, of this Code.
(nn) Chapter 170, Subsection 6(C) is amended as follows:
The placement of public art upon City-owned property is regulated by Chapter 58,
Article III, Public ArtCommunity Life Commission, of this Code, rather than by this
chapter.
(oo) Chapter 170, Subsection 12(A)(1) is amended as follows:
For property that is part of the Ithaca Commons: the Commons Advisory
BoardBoard of Public Works, pursuant to Chapter 157 of this Code;
(pp) Chapter 170, Subsection 12(B) is amended as follows:
Factors to be considered. In considering whether to grant such approval, the
Commons Advisory BoardBoard of Public Works or the Superintendent may, in
their discretion, consult with other appropriate City officials and boards, and shall
consider the following factors:
(qq) Chapter 176, Subsection 3(J) is amended as follows:
The City of Ithaca Conservation Advisory CouncilParks, Recreation, and Natural
Resources Commission has no specific responsibility for implementing the
Environmental Quality Review Ordinance, except that its input and assistance shall
be solicited for all actions for which a short or long environmental assessment form
has been prepared and for all action for which a positive declaration is made or a
draft environmental impact statement is prepared.
(rr) Chapter 176, Subsection 6(A)(4)(d) is amended as follows:
Any City agency receiving or filling out an environmental assessment form shall,
within five days, provide a copy of the document to the Chairperson of the
Conservation Advisory CouncilParks, Recreation, and Natural Resources
Commission and to the Common Council liaisons to the Conservation Advisory
CouncilParks, Recreation, and Natural Resources Commission for their
comments and recommendations.
(ss) Chapter 181, Subsection 3(C)(1) is amended as follows:
An annual fee shall be assessed to each premises which has a master fire alarm
box which interconnects the building fire alarm system with the municipal fire alarm
system. This fee shall be the reasonable and expected costs associated with the
maintenance of the municipal fire alarm system, as developed through the program
budget accounting system. This cost will be divided by the number of master fire
alarm boxes connected to the system, as documented by the Fire Chief. The fee for
a master box connection shall be calculated each year and approved by the Board
of Fire CommissionersFire Chief. Upon approval, the Fire Chief shall send notices
of such charge and the locations of each master box to the City Chamberlain, but
not sooner than March 1 of each year.
(tt) Chapter 181, Subsection 3(B)(3) is amended as follows:
The Board of Fire Commissioners of the CityCommon Council shall have the power
to make such additional rules, regulations, conditions and restrictions not
inconsistent herewith as it may deem proper and desirable.
(uu) Chapter 215, Section 8 is amended as follows:
Fire departments; fire companies and volunteer fire associations.
It shall be an unlawful discriminatory practice for any fire department or fire
company therein, through any member or members thereof, officers, board of fire
commissioners or other body or office having power of appointment of volunteer
firefighters, directly or indirectly, by ritualistic practice, constitutional or bylaw
prescription, by tacit agreement among its members, or otherwise, to deny to any
individual membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire department or fire
company therein, based on the actual or perceived age; creed; color; disability;
ethnicity; familial status; gender; height; immigration or citizenship status; marital
status; national origin; race; religion; sexual orientation; socioeconomic status; or
weight of such individual.
(vv) The definition for “Decorative Banner,” set forth in Chapter 272, Section 3, is
amended as follows:
DECORATIVE BANNER
Cloth banners designed for long-term use that are not intended to act as signage to
advertise a specific business or the sale of a specific product. Decorative banners
may, however, contain sponsor tags, if they are part of a formally approved program
by the Public ArtCommunity Life Commission.
(ww) Chapter 272, Subsection 6(A)(6)(b) is amended as follows:
Upon receipt of a proposal for a mural for any property subject to the provisions of
Chapter 160, Design Review, or Chapter 325, Zoning, Article VIII, Courthouse
Special Use Zone, or Chapter 228, Landmarks Preservation, of this Code, or facing
such property, the Director of Planning and Development or designee shall notify the
Planning and Development Board, the Public ArtCommunity Life Commission,
and/or the Landmarks Commission, as applicable, for their information and any
appropriate action and shall so inform the applicant.
(xx) Chapter 272, Subsection 8(B) is amended as follows:
Exemptions. Temporary signs advertising an event for less than 10 days are exempt
from the permit requirement, provided that the sign be removed immediately
following the event. Signs temporarily advertising the sale, lease or rental of the
premises upon which the sign is located, temporary political posters, and signs
denoting the architects, engineers and/or contractors placed on premises where
construction, repair or renovation is in progress are also exempt from the permit
requirement, as provided in § 272-6 above. Decorative cloth banners designed for
long-term use, reviewed by the Public ArtCommunity Life Commission and as
approved by the Building Department, are exempt from the permit time period.
However, should the banner become damaged or severely worn, it must be removed
immediately.
(yy) Chapter 276, Subsection 3(B)(1) is amended as follows:
The Director shall have the authority to review and act on a development proposal if
the proposed project meets the description in § 276-3A but is below the thresholds
described below. For such projects of limited scope, reviewed by the Director, a
public hearing is not required. The Planning and Development Department shall be
the lead agency in the environmental review of such projects, except for projects that
meet the description in § 276-3A(2), which shall follow environmental review laws or
regulations for determination of lead agency. There shall be no requisite review of
the environmental assessment forms (EAF) by the Conservation Advisory Council
(CAC)Parks, Recreation, and Natural Resources Commission in these cases.
See § 276-5C for situations when projects of limited scope will be referred to the
Board for a full review. The upper thresholds for projects of limited scope are:
(zz) Chapter 276, Subsection 7(B)(4) is amended as follows:
For projects on City property, the City Forester and the Shade Tree Advisory
CommitteeParks, Recreation, and Natural Resources Commission shall be
consulted in plant species selection and planting soil specification.
(aaa) Chapter 306, Section 1 is amended as follows:
Purpose.
This chapter regulates the planting, maintenance, protection and removal of trees
and shrubs on public streets, parks and other city-owned property; provides for a
Shade Tree Advisory Committee; and establishes the office of a City Forester in the
Department of Public Works. This chapter also provides for the issuing of permits for
the planting, maintenance, protection and removal of trees and shrubs in city-owned
places.
(bbb) Chapter 306, Subsection 4(B) is amended as follows:
The City Forester, in consultation with the Shade Tree Advisory Committee
(STAC)Parks, Recreation, and Natural Resources Commission and the Board of
Public Works, shall have the authority to implement and enforce the provisions of
this chapter.
(ccc) Chapter 306, Subsection 4(C) is amended as follows:
In furtherance of the purposes of this chapter, the Board of Public Works, in
consultation with the City Forester and the STACParks, Recreation, and Natural
Resources Commission, shall have the authority to adopt rules and regulations
regarding arboricultural specifications and standards of practice and such additional
rules and regulations as the Board determines are necessary. These regulations
shall govern the planting, maintenance, removal, fertilization, pruning and protection
of trees and shrubs on public streets, parks or other city property.
(ddd) Chapter 306, Subsection 5(F) is amended as follows:
Requests from private citizens that new street trees be planted near their property
shall be accommodated in accordance with planting priorities set by the City
Forester in consultation with the STACParks, Recreation, and Natural Resources
Commission and the Board of Public Works.
(eee) Chapter 320, Subsection 1(B)(6) is amended as follows:
Ecologically informed guidelines for Department of Public Works maintenance
activities within the Six Mile Creek Natural Area shall be promulgated by the
Department of Public Works, in consultation with the Six Mile Creek Advisory
Committee, Circle Greenway, the Parks Commission and the Conservation Advisory
CouncilParks, Recreation, and Natural Resources Commission, and subject to
the approval of the Board of Public Works.
(fff) Chapter 320, Subsection 4(B) is amended as follows:
The Board of Public Works is authorized to grant specific, revocable exceptions to
any of the above prohibitions, upon consultation with the Natural Areas
CommissionParks, Recreation, and Natural Resources Commission and a
finding of special circumstances. When granting such an exception, the Board shall
retain the right of the city to impose reasonable conditions intended to protect public
safety, the water supply system or the natural environment or to control the city's
potential liability.
(ggg) Chapter 320, Section 5 is amended as follows:
Ranger(s).
The position of Natural Area Ranger is hereby established to advise users of
regulations governing the natural areas and to demonstrate the city's intention to
protect said areas and enforce the regulations. The Ranger(s) shall be provided with
adequate equipment to communicate readily with law enforcement agencies. The
Ranger(s) shall work under the direction of the Superintendent of Public WorksChief
of Police and shall consult regularly with the Natural AreasPublic Safety and
Information Commission.
(hhh) Chapter 325, Subsection 46(C)(3)(b)[2][b] is amended as follows:
Concept memo. The Planning Committee directs the Planning and Development
staff to draft a memorandum explaining the concept of the proposed zoning change.
The memorandum is referred to the Planning and Development Board, the four
Advisory Commissions of the City, Conservation Advisory Council , the City
Attorney, the City Engineer, the Director of Planning and Development, and other
relevant boards, commissions, or City departments, for review and comment.
(iii) Chapter 325, Subsection 46(C)(3)(b)[2][d] is amended as follows:
Amendment first draft. The Planning Committee directs the Planning and
Development staff in conjunction with the City Attorney to draft the proposed
change. Environmental review is initiated. If possible, the Planning Committee
Chairperson reviews the draft. The draft, edited by the Chairperson, is circulated to
the Attorney, the Department of Planning, Building and Economic Development, the
Engineering Department, the Conservation Advisory CouncilParks, Recreation, and
Natural Resources Commission, the Planning and Development Board and other
relevant boards, commissions or City departments.
Section 6. Severability Clause.
Severability is intended throughout and within the provisions of this Ordinance. If any
section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 7. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter, but only after the filing of
Local Law ___-2017 in the office of the Secretary of State, after that Local Law’s
approval by the electorate at referendum, but at no time earlier than January 1, 2018.
9.3 A Local Law Entitled “Amendment of the City of Ithaca Charter and Code to
Reflect New Advisory Commissions Established by Companion Ordinance.”
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; and
WHEREAS, in February of 2012, the Common Council convened at a retreat to look at
the report’s recommendations in greater depth and develop and prioritize a work plan;
and
WHEREAS, one of the report’s recommendations regarding the Board of Public Works
was expanded to consider a comprehensive analysis of all boards and committees and
was assigned to the now-defunct Government Performance and Accountability
Committee; and
WHEREAS, on May 4, 2016, the Common Council unanimously passed a resolution
establishing a Boards and Committees Restructuring Working Group (the “Working
Group”) 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; and
WHEREAS, the Working Group has engaged in diligent analysis, received input from
the existing boards and committees and public, and developed a new advisory
commission structure as set forth in Ordinance No. 2017-__, a companion ordinance to
this local law, creating Chapter 8, “Advisory Commissions,” in the City Code; and
WHEREAS, portions of the City Charter and Code must be amended by Local Law to
reflect the new Advisory Commissions; now, therefore
LOCAL LAW 2017-
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
1. The current boards and committees organizational structure is confusing to the
public and challenging for citizens to understand how to participate.
2. The Comprehensive Plan includes the following public participation goals, which
will be better realized by the new Advisory Commission structure to be adopted
by separate ordinance:
a. All members of the community will know of and have opportunities to
participate in governing and decision-making processes of interest to
them.
b. The City’s active outreach to the community will support high-quality public
participation.
c. All members of the community will feel confident that their voices will be
taken seriously and given respect in City decision-making processes that
are important to them.
d. All members of the community will know how to access information about
decisions being made and what information is informing those decisions,
and all this information will be easily accessible to the public
3. As a result of limited City staff resources coupled with a large number of boards
and committees, many boards and committees lack regular administrative and
support staff, limiting their effectiveness.
4. Many issues that come before Common Council lack a corresponding board or
committee to vet the issues, gather public input, and develop recommendations
for Common Council.
5. Under the current boards and committees structure, there is overlap between
several boards and committees causing inefficiencies, wasted resources, and
breakdowns in communication. The practice of appointing liaisons from one
board or committee to another only partially addresses these breakdowns.
6. The recruitment, application, and appointment process necessary to fill all
positions in the current boards and committees’ structure is cumbersome, time
consuming, and leads to long vacancies on the boards and committees.
7. Chapter 8, “Advisory Commissions,” is, therefore, to be added to the City Code to
create four “umbrella” Advisory Commissions with thirty-six appointed voting
members that will replace twelve existing boards, commissions, and committees.
Based upon the above findings, the intent and purpose of this Local Law is to amend
the Charter and City Code to recognize the new Advisory Commissions. Specifically,
this Local Law repeals those portions of the Charter and Code that created the Board of
Fire Commissioners and Conservation Advisory Council, each to be replaced by the
Advisory Commissions created by Ordinance 2017-__, and amends additional
provisions of the Charter or Code that are impacted by the establishment of the
Advisory Commissions.
Section 2. Charter Amendments.
To reflect the creation of Chapter 8 of the City of Ithaca Municipal Code established in
Ordinance 2017-__, and the Advisory Commissions set forth therein, the City of Ithaca
Charter requires various amendments.
(a) Subsection C-5(C)(1) of the Charter is amended as follows:
Members of boards, councils and commissions: the six Commissioners of the Board
of Public Works, the nine members of the Public Safety and Information
Commission, the nine members of the Community Life Commission, the nine
members of the Mobility, Accessibility, and Transportation Commission, the
nine members of the Parks, Recreation, and Natural Resources Commission,
the 10 members of the Workforce Diversity Advisory Committee, the eleven
members of the Bicycle Pedestrian Advisory Council, the three members of the
Building Code Board of Appeals, the five Commissioners of the Board of Fire
Commissioners, the five members of the Board of Zoning Appeals, the three
members of the Civil Service Commission, the 11 members of the Commons
Advisory Board, the nine members of the Community Police Board, the nine
members of the Conservation Advisory Council, the five members of the Design
Review Board, the 12 members of the Disability Advisory Council, the three
members of the Examining Board of Electricians, the three members of the
Examining Board of Plumbers, the five members of the Housing Board of Review,
the five members of the Ithaca Housing Authority, the seven members of the Ithaca
Landmarks Preservation Commission, the five members of the Ithaca Urban
Renewal Agency, the nine members of the Parks Commission, the seven members
of the Planning and Development Board, the nine members of the Rental Housing
Advisory Commission, the six or more members of the Shade Tree Advisory
Committee, the 10 members of the Natural Areas Commission, the five members of
Pegasys Access Oversight Committee, the seven members of the Public Art
Commission, and the nine members of the Youth Bureau Board, all of whom shall be
appointed by the Mayor in accordance with the provisions of the Charter or the
ordinances or resolutions which create such boards, commissions or councils.
(b) Subsection C-23(B) of the Charter is amended as follows:
Prior to payment of any bill, claim or demand against the City, the Board of Fire
Commissioners, the Board of Public Works or the Common Council, as the case
may be, shall certify that the materials, supplies or equipment have been received
according to purchase order or that the work, labor or service has been rendered
according to order or contract.
(c) Article VI of the Charter, Sections C-93 - C-99, is amended as follows:
§ C-93 Fire Department. All such persons as are now or shall hereafter be members
of any fire company now organized in the City of Ithaca or which may hereafter be
organized by the Board of Fire Commissioners herein provided shall be and
continue a body corporate by the name of the "Ithaca Fire Department," and such
corporation, through its Board of Fire Commissioners the Common Council of the
City of Ithaca, is authorized to purchase, receive by gift or otherwise hold and
convey real and personal property for the use of said corporation; provided,
however, that the title of all real property shall be vested in the name of the City of
Ithaca and the purchase or conveyance of any real property shall be subject to the
approval of the Common Council of said City.
§ C-94 Membership, terms and compensation of Board. There shall be a Board of
Fire Commissioners, consisting of five Commissioners appointed by the Mayor and
confirmed by the Common Council. At least three of these Commissioners shall be
residents of the City of Ithaca. The remaining Fire Commissioners may be residents
of either the City of Ithaca or the Town of Ithaca in Tompkins County, New York. The
term of office of a Fire Commissioner shall be three years, commencing on the first
day of July, two Commissioners to be appointed in each of two successive years
and one Commissioner to be appointed in the third year. Such appointments shall be
made at a meeting of the Common Council held in June of each year. A
Commissioner shall hold office until the Commissioner's successor shall have been
chosen and qualified. A vacancy for an unexpired term may be filled in the manner
provided in this Charter. Permanent removal from the municipality of appointment, or
other cause to be determined by the Common Council, rendering impossible the
proper discharge of the Commissioner's duties as a Commissioner shall create a
vacancy.
§ C-95 Organization and meetings of Board. At their first meeting in July, the Fire
Commissioners shall organize as a Board by electing one of their number as
Chairperson and another as Vice Chairperson, and by the appointment of a Clerk
and such other officers and employees as authorized for the ensuing year. The
Board shall hold such stated and special meetings at such times as the Board may
determine, but at least once in each month. Three members of the Board shall
constitute a quorum.
§ C-964 Powers and duties of Board the Common Council relevant to the Fire
Department. It shall be its duty and said Board of Fire CommissionersThe
Common Council of the City of Ithaca, or its designee, shall have power:
A. To assume control and management of all apparatus, fire alarm systems,
equipment, appliances, supplies, buildings and employees exclusively in the Fire
Department service.
B. To organize new companies and to disband any Department company, subject to
the approval of the Common Council; to admit new members and to transfer
members, upon application and certification of company officers, from one
company to another; and to try, reprimand, suspend or expel any member or
officer of any company for cause.
C. To authorize and direct the payment of bills and accounts incurred by it and to
make such rules and regulations in regards to the auditing and payment of such
bills and accounts and for the payment of all amounts payable out of the moneys
appropriated to the use of the Board as it may deem necessary and proper, and
the same shall be paid by the City Chamberlain. The Board shall file monthly with
the Common Council a detailed statement of all bills and expenses paid, together
with the original vouchers therefor, and shall render to the Common Council at
such other times as may be required either by the Mayor or by the Common
Council an itemized statement of all its receipts and disbursements properly
classified and showing the balance on hand at the beginning and at the close of
the period covered; and at the close of each fiscal year, it shall submit an annual
statement showing by suitable summaries the expenses and income of the
Department. Whenever requested by either the Mayor or the Common Council,
the Board shall also furnish any additional information in regard to its work or the
cost thereof.
D. To submit to the Common Council, on or before the first day of May in each year,
an estimate of the amount of money necessary to cover the expenses of
maintenance of the Department, including all salaries and wages, equipment and
supplies and for the maintenance, heating, lighting and ordinary repairs of
buildings.
E. To make and promulgate from time to time such rules, regulations and bylaws as
it may deem necessary and expedient for the government and discipline of the
Department not inconsistent with this Charter or the ordinances of the City of
Ithaca or of the laws or Constitution of this state or of the United States.
FA. To be trustees of all moneys now constituting the Active Firemen's Relief Fund,
together with 1/2 of all moneys that may hereafter be received by the City of
Ithaca as a Fire Department tax on premiums on policies of foreign and alien fire
insurance companies pursuant to §§ 9104 and 9105 of the Insurance Law
(except the amount payable under the provisions of such law to the Firemen's
Association of the State of New York), together with any other moneys, gifts or
property whatsoever acquired for relief or benefit purposes, to be accumulated as
a relief fund for sick, indigent or disabled fire fighters, with power to draw upon
such fund for temporary relief and benefits only, as the Common Council shall
determine. Said moneys shall not be used for any other purposes, except that
the BoardCommon Council may, at any time, distribute such Fire Department
tax moneys so received equally among each of the volunteer fire companies of
the City for the use and benefit of the Ithaca Fire Department and the company
or companies comprising the same so long as the balance of said relief fund
shall be at least the sum of $90,000. Said BoardCommon Council shall have full
power and authority to invest such funds in any investments legal for trust funds
under the laws of the State of New York. At the close of each fiscal year and at
such other times as the Common Council shall require, said Board of Fire
Commissioners, as such trustees, shall submit to the Common Council a detailed
accounting of such fund. The City Chamberlain shall have authority to
disburse such monies over which Common Council acts as Trustee.
GB. To be trustees of all moneys now constituting the Veteran Volunteer Firemen's
Relief Fund and to pay the interest thereon to the Veteran Volunteer Firemen's
Association of Ithaca annually. The City Chamberlain shall have authority to
disburse such monies over which Common Council acts as Trustee.
(1) Said Board Common Council is further authorized to pay from the
principal of such fund from time to time such amounts as it may deem
necessary or desirable for the relief of any sick, indigent or disabled
member of the Veteran Volunteer Firemen's Association of Ithaca, but the
total amount so paid to any one member shall not exceed the sum of
$200. Such expenditures from principal shall be made, however, only
upon the written recommendation of the Board of Trustees and President
of said Association. Said Veteran Volunteer Firemen's Association of
Ithaca is hereby authorized to adopt any further regulation or restriction
relating to the expenditure of the principal of such fund not inconsistent
herewith as it may deem desirable for the preservation of the fund and for
the purpose of limiting properly the amount to be withdrawn and the use
thereof.
(2) Said Board of Fire Commissioners Common Council shall also pay to the
Veteran Volunteer Firemen's Association of Ithaca on March 1 and
September 1 of each year 1/2 of all moneys received by the City of Ithaca
pursuant to the provisions of § 9104 of the Insurance Law of the State of
New York as a Fire Department Tax on premiums on policies on foreign
and alien fire insurance companies, except the amount payable under the
provisions of such law to the Firemen's Association of the State of New
York. Said Board Common Council shall have full power and authority to
invest such funds in any investments legal for trust funds under the laws of
the State of New York.
(3) At the close of each fiscal year and at such other times as the Common
Council shall require, said Board of Fire Commissioners and said Veteran
Volunteer Firemen's Association of Ithaca, New York, shall submit to the
Common Council a detailed accounting of such fund.
H To divide the employees of the Fire Department into platoons and prescribe the
tours of duty for said employees. Such tours of duty shall be in accordance with §
1015 of the Unconsolidated Laws, except that, in the event of conflagrations or
riots or other emergencies, said employees shall remain on duty, subject to the
orders of their superiors, and shall receive an extra allowance based on their
salary if they are required to perform their duties during such period of
emergency at a time when they usually would be off duty or receive
compensatory time off as provided in § 1015 of the Unconsolidated Laws.
C-97 Limitation of expenditures. Said Board of Fire Commissioners shall in no year
expend a sum or incur any indebtedness in excess of the amounts appropriated by
the Common Council for the use of said Fire Department and the amounts made
available pursuant to the Local Finance Law, and such Commissioners shall be
personally liable for any expenditure or indebtedness incurred In excess of such
appropriations.
C-98 (Reserved)
C-99 Student bunkers; workers' compensation. The Board of Fire Commissioners of
the City of Ithaca is hereby authorized to contract with student bunkers at the various
fire stations so that said bunkers will be covered by Workers' Compensation
pursuant to § 3, Article 1, Subdivision 1, Group 19, and § 50 of the Workers'
Compensation Law of the State of New York, and such Workers' Compensation
coverage is hereby extended to said student bunkers.
Section 3. Code Amendments.
To reflect the creation Chapter 8 of the City of Ithaca Municipal Code established in
Ordinance 2017-__, and the Advisory Commissions set forth therein, the following
provisions of the City Code are hereby repealed in their entirety:
Chapter 31, “Conservation Advisory Council.”
Section 4. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any
section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Local Law.
Section 5. Mandatory Referendum and Effective Date.
This Local Law shall be submitted to a referendum at the next feasible general election.
This Local Law shall take effect upon the filing of the Local Law in the office of the
Secretary of State, after approval by the electorate at referendum, but at no time earlier
than January 1, 2018.
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning,” to Include Definitions for Urban Beverage Producer, Large
Beverage Producer, & Tavern, and Amend Allowable Uses in B-2, B-5, & CBD
Districts
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is a “Type I" 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 amendments to The Municipal
Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to Include Definitions for
Urban Beverage Producer, Large Beverage Producer, & Tavern, and to Amend the
Allowable Uses in B-2, B-5, & CBD Districts.
B. Determination of Environmental Significance – Resolution
WHEREAS, The Common Council is considering a proposal to amend the Municipal
Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” To include definitions for
Urban Beverage Producer, Large Beverage Producer, and Tavern, and also to amend
the allowable uses in the B-2, B-5, and CBD zones; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated May 21, 2017;
and
WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the FEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated May 21, 2017; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
C. Adoption of Ordinance
ORDINANCE NO. 2017-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325, Zoning, be amended as follows:
Section 1. Section 325-3B, entitled, “Definitions and Word Usage,” is hereby amended
to add the following definitions:
Urban Beverage Producer — An establishment licensed by the State of New
York to sell beverages containing less than 16% alcohol(whether beer, cider,
wine) at retail with limited manufacturing and wholesale privileges. An urban
beverage manufacture may not produce more than 5,000 barrels (beer) or
75,000 gallons (wine, cider, other beverages) of alcoholic beverages annually at
any location. An urban beverage producer must offer on-site consumption, but
may also produce beverages for off-site sale. An urban beverage producer may
also have a restaurant in or adjacent to it, as permitted by law. Any silos for
storage of raw materials may not exceed 25 feet in height (including any
supporting structures) in areas where there is no fire department ladder truck
access, and a may not exceed 40 feet in height (including any supporting
structures) in areas where there is fire department ladder truck access. In
addition, silos must contain some sort of filtration to prevent grain or dust from
escaping when the silo is being filled or emptied.
Large Beverage Producer — An establishment licensed by the State of New
York to manufacture alcohol (whether beer, cider, wine and/or liquor) with
wholesale and retail privileges. A Large Producer may not produce more than
1575,000 barrels (beer) or 250,000 gallons (wine, cider, other beverages) of
alcoholic beverages annually at any location. A Large Producer may have a
restaurant in or adjacent to it, as permitted by law. Any silos for storage of raw
materials must be no more than 25 feet in height (including any supporting
structures) for areas where there is no fire department ladder truck access, and a
maximum of 40 feet in height (including any supporting structures) in areas
where there is fire department ladder truck access. In addition, silos must
contain some sort of filtration to prevent grain or dust from escaping when the
silo is being filled or emptied.
Tavern — An establishment for the sale of beer and other alcoholic beverages to
be consumed on the premises, sometimes also serving food.
Section 2. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District
Regulations, is hereby amended in order to add Urban Beverage producer as an
allowable primary use in the B-2a district and a Large Beverage Producer as an
allowable use in the B-5 I-1 district.
Section 3. Section 325-8 of the Municipal Code of the City of Ithaca, entitled District
Regulations, is further amended to add the following allowable accessory use in the B-2
zones: Incidental parking for any uses allowed in any of the B2 zones.
Section 4. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the District Regulations Chart in accordance with the
amendments made herewith.
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.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & ECONOMIC DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA –
607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: June 9, 2017
Re: Proposal to Amend Chapter 325, Entitled “Zoning,” to Include Definitions for Urban
Beverage Producer, Large Beverage Producer, & Tavern, and Amend Allowable Uses in
B-2, B-5, & CBD Districts
The purpose of this memo is to provide information regarding a proposal to establish definitions for
Beverage Producer, Large beverage Producer, and Tavern, and to establish them as permitted uses in
specific zones.
This proposal was previously discussed at the May Planning and Economic Development Committee
meeting. At that meeting staff was directed to circulate the ordinance for comments. At the request
of the Committee an environmental review of this action has been completed, and the draft Full
Environmental Assessment Form and ordinance are enclosed. The proposed ordinance and
environmental assessment have been circulated to the City Planning Board, the Conservation
Advisory Council, the Tompkins County Planning Department and various other City staff and
departments. No comments have been received regarding this proposal. Also enclosed for your
consideration is a resolution establishing lead agency for this action and a resolution for
environmental significance. If you have any concerns or questions regarding any of this information,
feel free to contact me at 274-6410.
CITY OF ITHACA
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
Purpose: The 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 that 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 that 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: Provide 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: Focus 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: Part 1 Part 2 Part 3
Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting
information, and considering both the magnitude and importance of each impact, it is reasonably determined by the
Lead Agency that:
A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a
significant impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE
PREPARED.
B. Although the proposed action could have a significant impact on the environment, there will not be a
significant effect for this Unlisted Action because the mitigation measures described in PART 3 have
been required; therefore, A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED.
*
C. 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: Proposal to Amend Chapter 325, Entitled “Z oning” to Include
Definitions for Urban Beverage Producer, Large Beverage Producer, & Tavern; to Amend
Allowable Uses in B-2, B-5, & CBD Districts; and to amend th e allowable accessory uses in
B-2 Zones to include incidental parking.
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency: ____________________
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer:
Date: May 21, 2017
FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF)
PART 1—PROJECT INFORMATION
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 as 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 Full
Environmental Assessment Form (FEAF) will be dependent 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: Proposal to Amend Chapter 325, Entitled “Zoning” to Include Definitions for Urban
Beverage Producer, Large Beverage Producer, & Tave rn; to Amend Allowable Uses in B-2, B-5, & CBD
Districts; and to amend the allowable accessory uses in B-2 Zones to include incidental parking.
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St. (City Hall)
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different): n/a
Address: n/a
City/Town/Village: n/a State: n/a ZIP: n/a
Business Phone: n/a
Description of Action: The action being considered is a proposal to amend Chapter 325, Entitled
“Zoning,” to Include Definitions for Urban Beverage Producer, Large Beverage Producer, & Tavern; to
Amend Allowable Uses in B-2, B-5, & CBD Districts; and to amend the allowable accessory uses in B-2
Zones to include incidental parking.
A. SITE DESCRIPTION
Physical setting of overall project, both developed and undeveloped areas.
1. Present Land Use: X Urban Industrial Commercial Public Forest
Agricultural Other:
2. Total area of project area: ~6.1 sq. mi. (Chosen units apply to following section also)
Approximate Area (Units in question 2 apply to this section)Currently After Completion
2a. Meadow or Brush land (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public
2g. Water Surface Area
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces ~6.1 sq. mi. ~6.1 sq. mi.
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): n/a
3b. Soil Drainage: n/a Well-Drained ______% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes No X N/A
4b. What is depth of bedrock? n/a (feet)
4c. What is depth to the water table? n/a (feet)
5. Approximate percentage of proposed project site
with slopes: n/a
0-10% % 10-15% %
15% or greater %
6a. Is project substantially contiguous to, or does it
contain a building, site or district, listed on or
eligible for the National or State Register of
Historic Places?
Yes No X N/A
6b. Or designated a local landmark or in a local
landmark district?
Yes No X N/A
7. Do hunting or fishing opportunities presently Yes No X N/A
exist in the project area? If yes, identify each species:
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes No X N/A
According to:
Identify each Species:
9. Are there any unique or unusual landforms on the
project site? (i.e., cliffs, other geological
formations)
Yes No X N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
Yes No X N/A
If yes, explain:
11. Does the present site offer or include scenic views
known to be important to the community? Yes No X N/A
Describe:
12. Is project within or contiguous to a site
designated a Unique Natural Area (UNA) or
critical environmental area by a local or state
agency?
Yes No X N/A
Describe:
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: N/A
14. Lakes, ponds, wetland areas within or contiguous
to project area: n/a
a. Name:
b. Size (in acres):
15. Has the site been used for land disposal of solid
or hazardous wastes? Yes No X N/A
Describe:
16. Is the site served by existing public utilities?
a. If Yes, does sufficient capacity exist to allow
connection?
b. If Yes, will improvements be necessary to
allow connection?
Yes No X N/A
Yes No X N/A
Yes No X N/A
B. PROJECT DESCRIPTION
1. Physical dimensions and scale of project (fill in dimensions as appropriate)
1a. Total contiguous area owned by project sponsor in acres: N/A
1b. Project acreage developed: NA initially NA ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
1e. If project is an expansion, indicate percent of change proposed: N/A
1f. Number of off-street parking spaces existing: N/A proposed: N/A
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
2. Specify what type of natural material (i.e. rock, earth, etc.) and how much will be removed from the site:
N/A or added to the site: N/A
3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site:
acres: N/A type of vegetation: N/A
4. Will any mature trees or other locally important vegetation be removed by this project? N/A
5. Are there any plans for re-vegetation to replace that removed during construction? N/A
6. If single phase project, anticipated period of construction N/A months, (including demolition)
7. If multi-phased project, anticipated period of construction N/A months, (including demolition)
7a. Total number of phases anticipated: N/A
7b. Anticipated date of commencement for first phase N/A month N/A year (including demolition)
7c. Approximate completion date of final phase N/A month N/A year.
7d. Is phase one financially dependent on subsequent phases? Yes No X N/A
8. Will blasting occur during construction? Yes No X N/A; if yes, explain:
9. Number of jobs generated: during construction 0 after project is completed 0
10. Number of jobs eliminated by this project: 0 Explain:
11. Will project require relocation of any projects or facilities? Yes X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (sewage, industrial, etc): N/A
12c. If surface disposal, where specifically will effluent be discharged? N/A
13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased
by proposal? Yes X No N/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? X Yes No N/A
14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet
Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, 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 X No N/A;
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes X No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No 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 No X N/A; if yes, explain:
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X N/A; if yes, indicate type(s) N/A
21. Total anticipated water usage per day: gals/day. N/A Source of water N/A
C. ZONING & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
X Zoning Amendment Zoning Variance New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? B-2a, B-2b, B-2c, B-2d, B-4, B-5, CBD-50, CBD-60,
CBD-85, CBD-100, CBD-120, CBD-140, , I-1, WEDZ-1a, WEDZ-1b, , SW-1, SW-2, SW-3, WF-1, WF-
2,
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A
4. Is proposed use consistent with present zoning? Yes No X N/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?
X Yes No N/A; If no, explain:
8. What is the dominant land use and zoning classification within a ¼ mile radius of the project?
N/A
9. Is the proposed action compatible with adjacent land uses? X Yes No N/A Explain:
10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A
10b. What is the minimum lot size proposed? N/A
11. Will the proposed action create a demand for any community-provided services? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes X No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes/No
Type of
Approval Required
Submittal
Date
Approval
Date
COMMON COUNCIL YES ADOPTION
Board of Zoning Appeals (BZA) No
Planning & Development Board No
Ithaca Landmarks Preservation
Commission (ILPC)
No
Board of Public Works (BPW) No
Fire Department No
Police Department No
Building Commissioner No
Ithaca Urban Renewal Agency No
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 the information provided above is true to the best of my knowledge.
Applicant/Sponsor Name: City of Ithaca (Jennifer Kusznir)
Signature:
Title: Economic Development Planner
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 — Project Impacts
Proposal to Amend Chapter 325, Entitled “Zoning” Entitled “Zoning,” to Include
Definitions for Urban Beverage Producer, Large Beverage Producer, & Tavern; to Amend
Allowable Uses in B-2, B-5, & CBD Districts; and to amend the allowable accessory uses in
B-2 Zones to include incidental parking.
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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 exceeds 10%. Yes No
Construction on land where depth to the water table is less than 3
feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally within
3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than 1,000
tons of natural material (i.e., rock or soil) per year. Yes No
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
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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
protected stream. Yes No
Extension of utility distribution facilities through protected water
body. Yes No
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 water or
more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga
Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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 approval
to serve proposed project. Yes No
Construction or operation causing any contamination of a public
water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which do
not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of 20,000
gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an existing
body of water to the extent that there will be an obvious visual
contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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
per day. Yes No
Project will result in the incineration of more than 2.5 tons of refuse
per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs. per hour
or a heat source producing more than 10 million BTUs per hour. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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, using
the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife habitat. Yes No
Application of pesticide or herbicide more than twice a year other
than for agricultural purposes. Yes No
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 or
migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of mature
woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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 use
patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to users
of aesthetic resources which will eliminate or significantly reduce
their enjoyment of aesthetic qualities of that resource.
Yes No
Proposed action will result in elimination or major screening of
scenic views known to be important to the area. Yes No
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 National or State
Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located within the
project site. Yes No
Proposed action occurring wholly or partially within, or contiguous
to, any site designated as a local landmark or in a landmark district. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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 goods. Yes No
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 of
energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single- or two-
family residences.
Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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
facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as noise
screen. Yes No
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, etc.) in the
event of accident or upset conditions, or there will be chronic low-
level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in any
form (i.e., toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)
Yes No
Proposed action may result in excavation or other disturbance within
2,000 feet of a site used for the disposal of solid or hazardous
wastes.
Yes No
Proposed action will result in handling or disposal or hazardous
wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc., including wastes that are solid, semi-solid, liquid, or
contain gases).
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by 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 residential,
commercial, or industrial property in excess of 30,000 square feet.
Yes No
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 population. Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of this
proposed action.
Yes No
Proposed action will conflict with officially adopted plans or goals. Yes No
Proposed action will cause a change in the density of land use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community services
(e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future actions. Yes No
Proposed action will relocate 15 or more employees in one or more
businesses. Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by Project
Change?
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
Other impacts (if any):
Yes No
— 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 —
19. Is there public controversy concerning the proposed action? Yes No Unknown
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 3 — Explanation of Impacts
Proposal is to Amend Chapter 325, Entitled “Zoning” to Include Definitions for Urban
Beverage Producer, Large Beverage Producer, & Tavern; to Amend Allowable Uses in B-2,
B-5, & CBD Districts; and to amend the allowable accessory uses in B-2 Z ones to include
incidental parking.
Project Impacts
The proposal being evaluated will add Urban Beverage Producer as an allowable use in the
B-2 districts and subsequent districts that allow B-2 uses, and will allow Large Beverage
Producers in the B-5 districts and subsequent districts that allow B-5 uses. These uses are
compatible with the uses that are already permitted in these zones. Any projects that are
proposed will need to undergo separate environmental review.