HomeMy WebLinkAbout07-03-19 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, July 3, 2019, at
6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca,
New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Reports of Municipal Officials
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – Request to Amend 2019 Youth Bureau Budget - Resolution
8.2 Youth Bureau - Request to Amend 2019 Youth Bureau Budget - Resolution
8.3 Brindley Street Bridge Replacement Project - Resolution
8.4 Fire Department - Request to Amend Capital Project #861 – Ithaca Fire
Department (IFD) Aerial Truck Replacement – Resolution
8.5 Youth Bureau – Approval of Recreation Partnership Board By-Laws - Resolution
8.6 Youth Bureau- Authorization to Apply for a New York State Consolidated Funding
Application Grant for the Cass Park Rink Enclosure Project - Resolution
9. CITY ADMINISTRATION COMMITTEE:
9.1 Community Housing Development Fund, Round #17 - Authorization for
Disbursement of Funds Pursuant to an Executed Memorandum of Understanding
(MOU) - Resolution
9.2 Department of Public Information and Technology Proposal to Migrate the City’s
E-mail System to the Microsoft Cloud - Resolution
9.3 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code
entitled “Vehicles, Removal of”
9.4 Support & Authorization for New York State Consolidated Funding Application,
Water Infrastructure Engineering Planning Grant Pertaining to Biosolids -
Resolution
Common Council Meeting Agenda
July 3, 2019
Page 2
9. CITY ADMINISTRATION COMMITTEE (Continued):
9.5 Support & Authorization for New York State Consolidated Funding Application,
Water Infrastructure Engineering Planning Grant for Inflow and Infiltration Project
- Resolution
9.6 City Controller’s Report
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code
Entitled “Zoning”- Article III, Entitled “Special Conditions and Special Permits”
10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code,
Entitled “Zoning” To Amend §325-8, Entitled “District Regulations”, for the R-3
Zoning District
10.3 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code
Entitled “Zoning” To Amend §325-19 Entitled “Transition Regulations”
10.4 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code,
Entitled “Zoning” To Amend §325-40, Entitled “Board of Appeals; Variances”
10.5 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and
Related Sections” – Declaration of Lead Agency for Environmental Review -
Resolution
10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and
Related Sections” – Determination of Environmental Significance - Resolution
10.7 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled
“Zoning” To Establish Minimum Story Height Requirements in all CBD Districts
and Minimum Stepback Requirements for Properties on the, 300, 400, and 500
Blocks of West State Street
A. Declaration of Lead Agency – Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Ordinance
10.8 City of Ithaca Proposed Planned Unit Development Application (PUD): Ithaca
Neighborhood Housing Services (INHS) Redevelopment of the Former
Immaculate Conception School -Common Council Conditional Approval –
Resolution
10.9 Request for Authorization to Apply for New York State Consolidated Funding
Application Grants for the City Harbor Promenade Project - Resolution
10.10 A Resolution in Support of Evaluating the Feasibility of Establishing a Joint City
and County Public Safety Facility
10.11 Agreement between the City of Ithaca and the Town of Ithaca for Building
Permitting, Inspection, and Related Services for the Cornell University North
Campus Residential Expansion - Resolution
Common Council Meeting Agenda
July 3, 2019
Page 3
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 May 3, 2019 Common Council Meeting Minutes – Resolution
18.2 Approval of the June 5, 2019 Common Council Meeting Minutes – Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
Out of consideration for the health of other individuals, please refrain from using
perfume/cologne and other scented personal care products at City of Ithaca meetings.
Thank you for your cooperation and understanding.
“This meeting can viewed via livestream on https://ithacany.viebit.com/”
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: June 27, 2019
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Youth Bureau – Request to Amend 2019 Youth Bureau Budget - Resolution
WHEREAS, the Ithaca Youth Bureau has applied for funding through the Joint Youth
Commission and will be receiving $72,945 in new funding for the Youth Employment
Summer (YES) Jobs Program; and
WHEREAS, the goal of this program is to provide short-term subsidized internships for
eligible teens needing assistance in securing employment; now, therefore be it
RESOLVED, That Common Council hereby amends the 2019 Youth Bureau budget
contingent upon confirmation of funding as follows:
Increase anticipated revenue
A7310-2350-1202 Youth Employment Service $71,945
A7310-2350-1400 Administration 1,000
$72,945
Increase expenses
A 7310-5120-1202 Part time/Seasonal $60,558
A 7310-5425-1202 Office Supplies 1,320
A7310-5445-1202 Travel & Mileage 636
A7310-5460-1202 Program Supplies 1,330
A7310-5425-1400 Office Expense 1,000
A7310-9030-1202 FICA/Medicare 4,633
A7310-9040-1202 Workers’ Compensation 3,028
A7310-9060-1202 Health Insurance 440
$72,945
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Beverly Stokes, Youth Employment Service Program Coordinator
Liz Vance, Director
Re: Youth Bureau Budget Amendment
Date: June 10, 2019
We have been advised, by the Joint Youth Commission and the Town of Ithaca that we will
receive $72,945 in funding for the Joint Youth Commission First-Time Work Program. We are
pleased that we may be able to offer summer employment to additional teens this summer.
We would like to amend the 2019 Youth Bureau budget, contingent upon confirmation of
funding, as follows:
Increase anticipated revenue from the Town of Ithaca
Account # A7310-2350-1202 Youth Employment Service $71,945.00
Account # A7310-2350-1400 Administration $1,000.00
Total $72,945.00
Increase expenses:
Account # A 7310-5120-1202 Part time/Seasonal $60,558.00
Account # A 7310-5425-1202 Office Supplies $1,320.00
Account # A 7310-5445-1202 Travel & Mileage $636.00
Account # A 7310-5460-1202 Program Supplies $1,330.00
Account # A 7310-5425-1400 Office Expense $1,000.00
YES Fringe Benefits Participants $46,620.00 x 12.65% $5,897.00
Other PTS (Staff) $13,938 x 15.81% $2,204.00
Total $72,945.00
Thank you.
8.2 Youth Bureau - Request to Amend 2019 Youth Bureau Budget - Resolution
WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins
County Workforce Development Board and will be receiving $181,998 in new funding
for the Tompkins Summer Youth Employment Program; and
WHEREAS, the goal of this program is to provide short-term subsidized internships for
low-income eligible teens needing assistance in securing employment; now, therefore
be it
RESOLVED, That Common Council hereby amends the 2019 Youth Bureau budget
contingent upon confirmation of funding as follows:
Increase anticipated revenue
A7310-4820-1202 Youth Employment Service $176,959
A7310-4820-1400 Administration 5,039
$181,998
Increase expenses
A 7310-5120-1202 Part time/Seasonal $147,863
A 7310-5425-1202 Office Supplies 4,000
A 7310-5445-1202 Travel & Mileage 800
A 7310-5460-1202 Program Supplies 5,000
A 7310-5437-01400 Merchant Services 2,000
A 7310-5440-01400 Staff Development 1,000
A 7310-5425-01400 Office Expense 1,000
A 7310-5476-01401 Equipment Maintenance 1,039
A7310-9030-1202 FICA/Medicare 11,312
A7310-9040-1202 Workers’ Compensation 7,394
7310-9060-1202 Health Insurance 590
$181,998
“An Equal Opportunity Employer with a commitment to workforce diversification.”
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Beverly Stokes, Youth Employment Service Program Coordinator
Liz Vance, IYB Director
Re: Youth Bureau Budget Amendment
Date: June 10, 2019
We have been advised, by the Tompkins County Workforce Development Board that we will receive
$181,998 in funding for Tompkins Summer Youth Employment Program. We are pleased that we may be
able to offer summer employment to additional teens this summer.
We would like to amend the 2019 Youth Bureau budget, contingent upon confirmation of funding, as
follows:
Increase anticipated revenue from Tompkins County Workforce Development Board
Account # A7310-4820-1202 Youth Employment Service $176,959.00
Account # A7310-4820-1400 Administration $5,039.00
Total $181,998.00
Increase expenses:
Account # A 7310-5120-1202 Part time/Seasonal $147,863.00
Account # A 7310-5425-1202 Office Supplies $4,000.00
Account # A 7310-5445-1202 Travel & Mileage $800.00
Account # A 7310-5460-1202 Program Supplies $5,000.00
Account # A 7310-5437-01400 Merchant Services $2,000.00
Account # A 7310-5440-01400 Staff Development $1,000.00
Account # A 7310-5425-01400 Office Expense $1,000.00
Account # A 7310-5476-01401 Equipment Maint. $1,039.00
YES Fringe Benefits Participants $129,166 x 12.65% $16,340.00
Other PTS (Staff) $18,698 x 15.81% $2,956.00
Total $181,998.00
Thank you.
8.3 Brindley Street Bridge Replacement Project - Resolution
WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet , P.I.N.
375611 (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 project involves the construction of a new roadway and bridge on a relocated
horizontal alignment that will connect Taber Street with the West State Street/Taughannock
Boulevard intersection; and
WHEREAS, on June 7, 2018, Common Council approved total project authorization of
$4,482,000; and
WHEREAS, On June 18, 2019, an additional $367,840 in project funding was made available by
New York State Department of Transportation (NYSDOT) for Construction and Construction
Inspection Phases; and
WHEREAS, the amended project budget is projected to be $4,849,840, and the current City
authorization is sufficient to match the additional federal aid; now, therefore be it
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 30.9% of said portion, currently estimated at
$1,498,602 of the $4,849,840 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 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 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 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; and, be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to
administer the above project.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
DEPARTMENT OF PUBLIC WORKS
Michael J. Thorne, P.E. Superintendent
Telephone: 607/274-6527 Fax: 607/274-6587
“An Equal Opportunity Employer with a commitment to workforce diversification.”
MEMORANDUM
TO: City Administration Committee
FROM: Addisu Gebre, Bridge Systems Engineer
DATE: June 12, 2019
RE: Brindley St Bridge Project, CP#764
Please find attached a resolution seeking Common Council authorization to amend the budget for
Brindley Street Bridge Replacement Project. The resolution requests Common Council to pay in
the first instance 100% of the Federal and non-Federal share of additional funding made
available to the project by NYSDOT.
On June 7, 2018, Common Council approved total project authorization of $ 4,482,000, and on
June 18, 2019, NYSDOT reallocated $459,800 (80% Federal [$367,840] and 20% Local Share
[$91,960]) earmarked fund from S Cayuga Street Sidewalk Improvement Project to Brindley
Street Bridge Project. The earmarked fund was never obligated, and the city would lose the
funding unless it is reallocated to Brindley Street Bridge project before the end of this fiscal year.
The additional funding will be used to cover the cost of participation in construction and
construction inspection, and the current City authorization is sufficient to match the additional
federal aid. As a result of the funding type, the city will only be allowed to spend the additional
funding on pedestrian amenities which will free up funds from the original budget for more
contingency and to potentially expand the project scope, for example, by allowing for more
pavement restoration on Taber Street.
If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org
cc: Tim Logue, Director of Engineering Services
8.4 Fire Department – Request to Amend Capital Project #861 – Ithaca Fire
Department (IFD) Aerial Truck Replacement - Resolution
WHEREAS, as part of the approved 2019 City Budget, Common Council authorized a
capital project in the amount of $1,326,000, including financing costs, to replace an
aerial platform truck that was purchased in 1999; and
WHEREAS, through the process of specifying and pricing a new aerial platform truck, it
has been determined that the cost of a new aerial platform truck will be $1,330,000, plus
financing costs of $15,000; and
WHEREAS, many of the increased costs were unforeseen in 2018 when the project
was proposed; and
WHEREAS, specifications for a new aerial platform truck are nearly equivalent to the
1999 aerial platform truck; and
WHEREAS, the Fire Chief and the Apparatus Specifications committee can find no
other savings that could reduce the costs to the original authorization; now, therefore be
it
RESOLVED, That Common Council hereby approves the amendment to Capital Project
#861 IFD Aerial Truck Replacement in an amount not to exceed $19,000, for a total
project authorization of $1,345,000 for the purchase of a new aerial platform truck; and,
be it further
RESOLVED, That funds necessary shall be derived from the transfer of funds from
Capital Reserve #15 Fire Engine Replacement, in an amount not to exceed $19,000 to
Capital Project #861; and, be it further
RESOLVED, That the Town of Ithaca will be requested to contribute to the acquisition
of said vehicle, per the existing fire services agreement.
Memo
To: Common Council
From: Tom Parsons, Fire Chief
Date: June 7, 2019
Re: Amendment of Capital Project #861
In 2018, I submitted a Capital Project request to replace our 1998 Aerial Platform Truck. The estimated
cost of the project was $1,300,000. Common Council approved the project for FY 2019.
Since January, our Apparatus Committee has been working with Seagrave Manufacturing on specifying a
replacement aerial platform truck. The contract with Seagrave has been through the Houston Galveston
Area Council’s Interlocal Contract Program. Seagrave was selected based on its ability to provide a
stainless steel body and cab. It has a reputation for providing durable and long lasting fire apparatus.
Seagrave is a supplier of fire apparatus across the United States, including NYC, and Washington DC.
The Apparatus Committee has been working with Seagraves on specifications and pricing for an aerial
platform truck that is comparable to our 1999 Aerial Platform Truck. However, after months of work, the
cost for the truck has come in at $60,000 over our 1.3 million dollar budget.
Some of the reasons for the cost increase is the higher cost of steel and an increase in the cost of
components. For example, we are purchasing a more costly suspension due to the need for a more
durable suspension that can sustain the forces of rough roads. Our current 1999 Aerial Platform suffered
major suspension component failure three times since it was purchased. There was also an increase in
cost for the motor, as the manufacturer is required to provide an engine that is compliant with the most
recent EPA emissions standards. We are also spending more for corrosion resistant treatments to non -
stainless steel components such as the frame rails which are formed out of non-stainless steel. Our fire
apparatus that was purchased in 1999, 2000, 2001 and 2009, have had problems with corrosion of the
frame rails. In 2013, we specified that all new apparatus treated with additional corrosion resistance.
I have looked into other manufacturers for lower costs. Unfortunately, we can purchase a lower cost
aerial platform truck, but the cab and body would be constructed out of extruded aluminum. The concern
with using aluminum is that we will have corrosion issues within ten years of owning the truck. While we
would save money on the purchase, we would likely spend more money in later years to address the
corrosion issues with aluminum bodies and cabs.
8.5 Youth Bureau – Approval of Recreation Partnership Board By-Laws -
Resolution
WHEREAS, the Recreation Partnership has successfully supported shared recreation
programming for youth in Tompkins County for more than 18 years; and
WHEREAS, the Recreation Partnership Board has updated the by-laws to reduce the
membership term from two years to one year, to eliminate the Finance Committee, and
to eliminate the Treasurer position and duties; and
WHEREAS, the updated by-laws will support the current functioning of the Recreation
Partnership Board; now, therefore be it
RESOLVED, That Common Council hereby approves the Recreation Partnership Board
by-laws as presented in the agreement.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Resolution to approve the Recreation Partnership by-laws
Date: 6/19/19
The Recreation Partnership, an inter-governmental partnership has updated the by-laws to reflect
current functioning. Changes were made to the following sections.
• IV membership: one-year terms instead of two-year terms
• VII Officers: Eliminated the treasurer position
• VIII Duties of Officers: Took out Treasurer duties
• XII Committees: Eliminated the Finance Committee
The reason for eliminating the treasurer and finance committee is that the RP has a contract for
services with the Ithaca Youth Bureau (program provider).
Board membership is changed from two-year terms to one year term to meet the request of
municipalities.
The RP requests that Council approve the newly updated by-laws.
8.6 Youth Bureau- Authorization to Apply for a New York State Consolidated
Funding Application Grant for the Cass Park Rink Enclosure Project - Resolution
WHEREAS, the Ithaca Youth Bureau recommends an application to the Environmental
Protection Fund (EPF) Grant Program for Parks, Preservation and Heritage,
Consolidated Funding (CFA) 2019 for the Cass Park Rink Enclosure Project on behalf
of the City of Ithaca; and
WHEREAS, The Cass Park Rink serves as the hub of all Cass Park facilities and
programs, serves thousands of Ithaca-area residents, is a regional destination for
programs and events on a year-round basis, and is widely recognized as a valuable
public asset; and
WHEREAS, the City has completed Phase 1 and Phase 2; Year 1 rink improvements,
as recommended in structural and operational reports, of the planned 3 Phase
renovation project; and
WHEREAS the grant funds would enable the City to move forward with the help of the
Friends of the Ithaca Youth Bureau (FOIYB) to complete Phase 2; Year 2 of the project,
which will enclose Cass Park Rink as recommended for optimal operations; and
WHEREAS, The Friends of the Ithaca Youth Bureau (FOIYB) has been actively
fundraising in the community; now, therefore be it
RESOLVED, That Common Council authorizes the Director of the City of Ithaca Youth
Bureau to file an application for funds in an amount not to exceed $600,000 for the Cass
Park Rink Enclosure Project from the New York State CFA, and upon approval of said
request, to enter into and execute a project agreement with the State for such financial
assistance to the City of Ithaca for the Cass Park Rink Project; and, be it further
RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms
and conditions of the Master Contract with OPRHP for such Cass Park Rink Enclosure
Project.
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
To: City Administration Committee
From: Liz Klohmann, Director
Re: Resolution updated for CFA Grant Application
Date: 6/7/19
The Ithaca Youth Bureau is re-submitting the Resolution for the 2019 application to the
Consolidated Funding Area (CFA) program that was approved on May 1, 2019.
The recently released guidelines increase the amount we are eligible to apply for from $500,000
to $600.000. This change can be found in the first Resolved. We also added to the first sentence
of the second WHEREAS – “is a regional destination for programs and events on a year round
basis”.
We appreciate your patience as we prepare all the required documents for the application.
9. CITY ADMINISTRATION COMMITTEE:
9.1 Community Housing Development Fund, Round #17 — Authorization for
Disbursement of Funds Pursuant to an Executed Memorandum of Understanding
(MOU) - Resolution
WHEREAS, the Community Housing Development Fund (CHDF) was established in
2009, and was renewed in 2015 by Memorandum of Understanding (MOU) among and
between the City of Ithaca, Tompkins County and Cornell University to raise and award
funds to increase the supply of permanently affordable housing in the County; and
WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF,
and the City of Ithaca and Tompkins County each contribute $100,000; and
WHEREAS, the Common Council determined that City contributions to the CHDF
should be used solely to assist those projects located within the City of Ithaca; and
WHEREAS, the Program Oversight Committee (PrOC), which includes three City
appointees, reviews and recommends projects for awards, including the amount and
funding source; and
WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or
reject the PrOC’s recommendation for use of City funds; and
WHEREAS, action to authorize disbursement of City funds requires prior completion of
environmental review for housing projects; and
WHEREAS, the recommended round #17 project for City funding has completed the
environmental review by the City Planning and Development Board and is ready for
Common Council action; and
WHEREAS, the PrOC recommends the following affordable housing projects for
funding:
; and
Community Housing Development Fund
Round #17 Recommended Funding Award
Applican
t Project # Units Municipality
Funding ($1,000s)
Cornel
l
Count
y
City Total
INHS 402 S.
Cayuga St.
4 for-
sale (C) Ithaca 70 0 70 140
Totals 4 units 70 0 70 140
WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including
collection of contributions to the CHDF and distribution of funds to project sponsors; and
WHEREAS, annual City contributions to the CHDF are placed in Restricted
Contingency, now; therefore, be it
RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an
expenditure of up to $70,000 to Tompkins County for the following affordable housing
project to implement recommended funding awards for rounds #17 of the Community
Housing Development Fund:
Project Name #1: 402 S. Cayuga Street
Amount: $70,000
Applicant: Ithaca Neighborhood Housing Services, Inc.
Project Summary: Construction of four for-sale townhouses at 402 S.
Cayuga Street, Ithaca, NY. Two units will be sold
To households up to 80% of the Area Median
Income (AMI) and two to those up to 100% AMI
; and, be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $70,000
from the 2019 contingency account A1990 to the following account:
A8020-5435 Planning Contracts $70,000
; and, be it further
RESOLVED, That the $70,000 transferred will fund the $70,000 City portion of the
City/County/Cornell Housing Trust for the above listed project; and, be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to execute a fiscal agency agreement with Tompkins County to implement
this resolution.
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9.2 Department of Public Information and Technology Proposal to Migrate the
City’s E-mail System to the Microsoft Cloud - Resolution
WHEREAS, the Department of Public Information and Technology is in the process of
replacing the City’s Storage Area Network (SAN); and
WHEREAS, as part of that project, the Department of Public Information and
Technology had planned to migrate the City’s e-mail system to the cloud to better
protect both the e-mail system and the SAN network, and has sized the SAN equipment
accordingly; and
WHEREAS, the migration of the e-mail system to the Cloud would provide additional
capacity, resiliency, redundancy, and security for this primary communication resource;
and
WHEREAS, the existing e-mail server and the e-mail archive server have reached their
end of life and extended support and are scheduled for replacement in 2020; and
WHEREAS, the prior-year funding that was anticipated to complete this project is no
longer available, and the Department of Public Information and Technology is only able
to redirect $14,000 towards the $64,000 E-mail migration project costs; and
WHEREAS, Capital Project #810 Citywide Computer and Software upgrades,
established in 2015 for $121,000 and amended in April 2019 by $102,000 for the SA N
replacement, has been fully expended; now, therefore be it
RESOLVED, That Common Council hereby amends Capital Project #810 Citywide
Computer and Software Upgrades by $50,000 for a total authorization of $273,000; and,
be it further
RESOLVED, That funds for said E-mail Migration Project shall be derived from an
advance of $50,000 from the General Fund, with a later repayment by the issuance of
serial bonds.
“An Equal Opportunity Employee with a commitment to workforce diversification”
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY CLERK Telephone: 607-274-6570
Department of Public Information & Technology Fax: 607-274-6432
Julie Conley Holcomb, City Clerk www.cityofithaca.org
M E M O R A N D U M
To: Common Council
From: Julie Conley Holcomb, City Clerk/Department of Public Information & Technology
Date: June 10, 2019
Subj: Conversion of E-mail from Local Server to the Cloud
The Department of Public Information and Technology is requesting $50,000 in funding to migrate the e-mail
system to the Cloud. This is an important part of our SAN (Data Storage Network) Replacement Project that
we have been planning since November 2018. Our intention was to use $76,000 in unexpended 2018
operational funds for this project, and two other projects; however, our request to encumber those funds was
denied due to other pressing financial needs.
E-mail is one of our highest priority resources. It is our primary communication tool and is utilized by nearly
every city employee. The system continues to grow along with the workforce. It is the most data processing
and storage intensive system on our SAN environment. When we purchased the new SAN, we sized it
without the e-mail server because we anticipated having access to the funds targeted for the migration. The
e-mail migration to the Cloud will also help to ensure that our SAN will run optimally by removing that level of
pressure on it. These are expensive investments that require proactive preventative maintenance.
If the e-mail server remains on premise, the system will be vulnerable to extended service outages, planned
or unplanned. E-mail has been affected twice in the past few months due to networking issues. Our
employees utilize e-mail/calendar/attachments/contacts in different ways and have become extremely reliant
on this resource. Outages cause major operational disruptions and angst amongst our users. Migrating the
e-mail system to the cloud provides greater levels of capacity, security, resiliency, and redundancy as
Microsoft has multiple data centers and can mitigate service disruptions. The cloud also offers greater inbox
capacities and allows users to send/receive larger attachments (which was a project funded for the 2019
operational budget).
The current e-mail server has been in production since July 2014 and will reach the end of its extended
support in January 2020. Similarly, the e-mail archive server is also at its end of life and is scheduled to be
replaced in 2020. This migration will make those equipment replacements unnecessary. The e-mail archive
server can be migrated to a virtual server and can remain on our SAN at no additional cost. The largest cost
of this project is upgrading our Microsoft Licensing to the appropriate levels to include the Exchange Online
Email accounts. These software licenses may require further adjustment in the future if the workforce
continues to grow. The Department of Public Information and Technology has $14,000 available in its
operating budget to offset the project costs.
Please let me know if you have any questions and I’ll be happy to address them.
9.3 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code
entitled “Vehicles, Removal of”
ORDINANCE 2019 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Chapter 317 of the City of Ithaca Municipal Code is hereby amended as
follows:
§ 317-1 Definitions. Towing Provisions
The City of Ithaca shall follow the provisions of the Tompkins County, City of Ithaca, and
New York State Police, Troop C, Zone 3, Tow Service Agreement. Said Guidelines
shall be posted to the City website and filed in the City Clerk’s Office.
Unless otherwise expressly provided, for the purpose of this chapter, the following
words shall have the meanings herein indicated:
ABANDONED VEHICLE
A vehicle that has been left unattended, and has not moved in 72 hours on any public
street, highway or parking facility.
CITY
The geographical area of the City of Ithaca.
FOR HIRE
Includes any incident where a fee, charge or other consideration is, directly or indirectly,
imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs
made on a towed vehicle for a consideration, although no charge is expressly imposed
for the towing of such a vehicle.
NONCONSENSUAL TOW
The towing of a vehicle made at the request of someone other than the owner or
operator of the vehicle towed.
OPERATE
Includes the control and direction of the use of a vehicle for towing from places within
the City of Ithaca, for hire.
PERSON
Includes an individual, partnership, unincorporated association, corporation or other
entity.
TERMINAL
Any place of business of a tow truck operator located within the County of Tompkins.
TOWING
The moving of a vehicle from public or private property by another vehicle for hire.
TOW TRUCK
A vehicle which is equipped with a crane, winch or similar device designed to raise,
remove or carry a motor vehicle or the front or rear end thereof.
TOW TRUCK OPERATOR
Includes a person owning, leasing or controlling one or more tow trucks and driving,
operating or causing any such vehicle to be operated upon the public highways for hire.
VEHICLE
A motor vehicle, as defined in § 125 of the Vehicle and Traffic Law of the State of New
York; a bus, as defined in § 104 of such law; a tractor, as defined in § 151-a of such
law; a trailer, as defined in § 156 of such law; or a truck, as defined in § 158 of such law.
§ 317-2 Police Department tow truck list: requirements; application.
A. Every tow truck operator who wishes to be included in the Police Department's
tow truck list and/or heavy vehicle tow truck list for towing ordered by the Police
Department pursuant to the provisions of this chapter shall meet the following
requirements:
(1) Each tow truck shall be kept fit, of good appearance and in safe condition for
towing.
(2) Each tow truck shall have inscribed on the outside of each front door the trade
name and business address of the tow truck operator, in letters not less than two inches
in height, either painted or otherwise securely affixed to both doors in a conspicuous
place.
(3) Each tow truck shall have a fire extinguisher, safety flares, tow chain, pry bars,
and suitable brooms, shovels and containers for cleanup.
(4) A schedule of fees as listed in this chapter shall be posted in a conspicuous area
on the premises of each tow truck operator and shall be made available upon demand
to the general public. A copy of their towing fees must also be kept in the tow truck.
(5) Tow truck operators shall be responsible for removing glass or other injurious
substances dropped upon the public highway by the towed vehicle.
(6) Tow truck operators shall keep a record of calls and the fees charged for any
towing transaction. Said records shall be made available to the Ithaca Police
Department upon request.
(7) Tow truck operators shall own, operate and maintain a bona fide terminal within
Tompkins County where they will store vehicles towed from within the City of Ithaca.
The terminal shall be identified by a legible, conspicuously displayed sign. The sign
shall include the name and telephone number of the tow company and be a minimum
size of two feet by two feet.
(8) The terminal must be fenced, locked and lighted in a manner to ensure the safety
of vehicles stored on the premises.
(9) Tow truck operators shall allow for the properly authorized release of motor
vehicles in their custody 24 hours a day, seven days a week. They may charge an extra
fee for vehicles that are retrieved after their regular operating hours as set forth in
§ 317-14A(6) below.
(10) Tow truck operators shall not exceed the gross combined weight rating of their
tow trucks.
B. A tow truck operator who wishes to be included in the Police Department's tow
truck list(s) shall file with the Police Chief documentation showing that he/she is insured
against public liability in the limits required by law, which insurance certificate shall
name the City of Ithaca as an additional insured party, as well as an application upon
forms to be furnished by the Police Chief, verified under oath, and stating:
(1) The name and address of the tow truck operator and the address of the place
from which the tow trucks are proposed to be garaged and dispatched, specifying, in the
case of an unincorporated association, the name and address of each member thereof
and, in the case of a corporation, of each officer and stockholder.
(2) The location of any and all depots and terminals proposed to be used by the
applicant.
(3) Whether the operator wishes to be included on the heavy vehicle tow truck list.
(4) Any other relevant information which the Police Chief may require.
C. After review of the application, and provided that the tow truck operator meets
the requirements of Subsection A above, the Police Chief shall place the tow truck
operator on the Ithaca Police Department's tow truck list and/or heavy vehicle tow truck
list. The Police Chief shall establish reasonable rules and regulations for the inspection
of tow trucks to ensure compliance with the requirements of this section.
D. Tow truck operators on the tow truck list shall be authorized to tow motor
vehicles involved in accidents or to have motor vehicles towed or impounded for
violations of law by order of the Ithaca Police Department pursuant to § 317-13 below,
provided, however, that in instances where time is critical, such as in cases of a snow
emergency or auto accident, the officers of the Police Department reserve the right, in
their discretion, to call the next operator on the tow operator list if the operator that has
been called fails to respond to the scene within a twenty-minute time frame.
§ 317-3 Removal from the Ithaca Police Department towing lists.
A. The Police Chief may remove any tow truck operator from the Police Department
towing lists upon a finding that the tow truck operator:
(1) Violated any of the provisions of § 317-2A above.
(2) Violated any of the provisions of § 317-14, pertaining to removal and storage
charges.
(3) Repeatedly refused calls or failed to answer calls from the Police Department for
towing services.
(4) Failed to cooperate with Police Dispatchers or any member of the Ithaca Police
Department at the scene of any accident or a scene where a vehicle is to be impounded
or towed.
B. Removal for a first violation shall be for a period of up to six months, and for a
second violation for a period of up to 12 months. A third or following violation may result
in permanent removal from the list.
§ 317-4 Application for review.
A. Any tow truck operator whose application to be added to the Ithaca Police
Department's towing lists has been denied or has been removed from the lists, may
apply to the Common Council for a review of the action by the Police Chief.
(1) The application to review the Police Chief's determination shall be in writing,
signed by the tow truck operator, and shall state his/her reasons for claiming that the
Police Chief's determination was erroneous.
(2) The application for review must be filed with the Police Chief within 20 days of
receipt by the tow truck operator, either by mail or in person, of notice of the Police
Chief's decision.
(3) Upon the filing of the application for review, the Common Council shall appoint
an ad hoc committee, consisting of three members of the Common Council, and hold a
hearing on the application.
(4) The ad hoc committee of the Common Council shall, at the hearing, review the
decision of the Police Chief, and, in its discretion, may receive new or additional
evidence in support of
or in opposition to the determination under review.
B. The ad hoc committee of Common Council, after the hearing, may either affirm
the determination of the Police Chief or direct him to add or restore the tow truck
operator to the Ithaca Police Department's tow truck list.
§ 317-5 Hearings.
A. The hearing by the ad hoc committee of Common Council shall be held on a date
and at a place and hour designated by the committee.
B. The Police Chief shall give notice of the hearing, stating the name and address of
the tow truck operator concerned, the subject matter of the hearing and the date, place
and hour thereof, by mailing a copy thereof to the tow truck operator at the most recent
known address of the tow truck operator, at least 10 days before such hearing.
C. The tow truck operator involved shall be entitled to be represented by legal
counsel at the hearing and to present such testimony or other evidence in his own
behalf as may be relevant to the subject matter of the hearing.
D. All witnesses shall be sworn and examined under oath.
E. Any tow truck operator aggrieved by a decision of the ad hoc committee of
Common Council may apply to the Supreme Court of the State of New York for review
under Article 78 of the Civil Practice Law and Rules.
§ 317-6 2 Authority of Police Department, Fire Department and Department of
Public Works to impound and remove vehicles.
A vehicle may be removed by the Superintendent of Public Works, the Police Chief, the
Fire Chief, or their designated staff members Department of Public Works or by order of
the Police Department in the following instances:
A. When any vehicle is found unattended on any highway or public parking lot within
the City during a snowstorm, flood, fire or other public emergency which affects that
portion of the public highway or public parking lot upon which said vehicle is parked or
abandoned.
B. When any vehicle is found unattended on any highway, public parking lot or
private property within the city where said vehicle constitutes an obstruction to traffic, a
safety hazard, has been left unattended and has not moved in 72 hours, or obstructs
ingress to and egress from private property.
C. When any vehicle interferes, obstructs or restricts the mobility of, or blocks the
path of travel of a fire department emergency vehicle in any way, or hampers any fire
department operation.
D. When a designated fire lane is obstructed in any manner, including the parking or
standing of vehicles, on private or public property.
E. When any vehicle deters or hinders the immediate access to fire protection
equipment or fire hydrants.
C. F. In instances involving property appurtenant to and obviously part of a one-, two-,
or three-family residence.
D. G. Where notice is personally given to the owner or other legally authorized person
in control of the vehicle that the area in which that vehicle is parked is reserved or
otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are
subject to being removed at the owner's or operator's expense.
E. H. Where a duly authorized traffic ticket for illegal parking has been issued.
F. Where written notice setting forth the following information was posted on the
windshield of the vehicle:
(1) That the vehicle is illegally parked, abandoned or in trespass, as the case may
be.
(2) That, if the vehicle is not first removed, it shall be towed after four hours to a local
responsible wrecker service facility which will, of necessity, result in towing and storage
charges accruing to the owner or person(s) in charge of the vehicle.
(3) The time and date when the notice was posted.
G. I. Where posted signage indicating that parking is not permitted. Such signage
shall meet and meeting the following requirements: The signage must be prominently
placed and be maintained for 24 hours prior to the towing or removal of the vehicle from
the premises. The person posting the signs shall be responsible for documenting the
date, time, and location that signs are placed and shall be required to provide that
information to City officials upon request.
Agencies that fail to meet this requirement will be subject to reimbursing any resulting
tow fees. The removal or use of these signs without the proper authority shall be
considered a civil violation punishable by Section 1-1 of the City of Ithaca Municipal
Code.
§ 317-7 Procedure for towing ordered by the Ithaca Police Department.
A. Selection of a towing company.
(1) When the services of a tow truck are required, the Police Dispatcher on duty
shall notify the appropriate towing company according to the guidelines hereinafter set
forth.
(a) If the vehicle to be towed is under 10,000 pounds' gross weight (five tons), then
the next towing company on the police tow truck list will be called. The Police
Dispatcher will record the call in the "Police Towing" log.
(b) If the vehicle to be towed is over 10,000 pounds' gross weight (five tons), then
the next tow truck on the heavy vehicle tow truck list will be called. The Police
Dispatcher will record the call in the "Heavy Vehicle Police Towing" log.
(2) A towing company may not designate another towing company to answer the
call. If a towing company is not available, the next towing company on the list will be
called.
(3) The location of the incident shall not determine which towing company is to be
called, unless life safety is involved. In such instance, the nearest operator to the scene
will be called for assistance.
(4) Requests of vehicle owner.
(a) On request of the owner of the vehicle requiring towing, the owner may designate
what towing company is to be called. This call will not be recorded in the police tow
truck list, but will be recorded in a "Requests for Towing" log to be maintained by the
Police Department. Such a request will not change the order of the police towing
company list. When an owner does not designate a specific towing company and leaves
it to police discretion, the next towing company on the police towing list will be called as
set forth in this subsection.
(b) On request of the owner of a vehicle for towing by the Automobile Association of
America (AAA), the authorized AAA towing company will be called and the call placed in
the "Requests for AAA Towing" log.
(c) On request of the owner of a vehicle, the vehicle may be towed to any
destination designated by the owner. In the event the vehicle is not towed to the storage
yard of the towing operator, the owner of the vehicle shall make arrangements for
payment of towing and storage fees with the operator of the tow truck and/or owner of
the garage or other facility to which the vehicle is to be towed.
B. In the event that a tow truck operator refuses to accept a call or does not answer
a call, the next operator on the list will be called. The tow truck operator refusing or
failing to answer a call will not be called again until the operator's name next appears in
order to receive a call.
C. No vehicle impounded by the Ithaca Police Department shall be released to the
owner of such vehicle without proper authority for release from an authorized member
of the Department.
D. The Ithaca Police Department shall not be responsible for the payment of towing
and/or storage of motor vehicles. Owners of vehicles are liable for the payment of a ll
charges connected with towing or storage. It shall be the responsibility of the tow truck
operators to arrange for the collection of all charges.
§ 317-8 Notice of removal.
Upon the removal and disposition of any vehicle by order of the Ithaca Police
Department or Department of Public Works, it shall be the duty of the Ithaca Police
Department to ascertain to the extent possible the owner of the vehicle or person(s) in
charge of the vehicle and notify him/her of the following information as soon as
practicable:
A. That the vehicle has been towed, the location of the vehicle and the towing and
storage costs accruing.
B. That the vehicle may be claimed by paying the accrued costs or by posting a
bond for such charges.
C. That an investigation of the tow by an impartial officer designated by the Mayor
regarding whether the tow was authorized by this section may be requested by
applying, in writing, for such investigation within 15 days of receipt of notification of
towing. Such application for investigation shall include the reason or reasons the
applicant believes the tow was not authorized.
D. That the owner will be liable for all towing and storage costs accrued until the
vehicle is claimed and released from storage, unless it is determined that the tow was
not authorized.
E. That if the vehicle is not claimed or an investigation requested within 15 days, the
city shall confirm a lien against the vehicle for the amount of accrued towing and
storage fees and proceed to sell the vehicle at public auction as provided by law. Any
proceeds of sale shall be applied first to towing and storage charges. The city shall
retain the balance of the proceeds.
§ 317-9 Towing and storage; towing investigation.
A. After the removal of any vehicle as provided in this chapter, the person
authorizing the removal may cause such vehicle to be stored in a suitable place. The
owner or person in charge of the vehicle may redeem the vehicle upon payment to the
responsible tow truck operator of the amount of all expenses actually and necessarily
incurred in effecting such removal, but not to exceed the removal charges as
established by Common Council, or by posting a bond with the City Chamberlain or the
responsible tow truck owner for the cost of said charges.
B. Towing investigation.
(1) In instances where a vehicle was removed by order of the Ithaca Police
Department or Superintendent of Public Works, the owner or person in charge of the
vehicle may request a towing investigation before an impartial officer designated by the
Mayor to determine whether the towing of the vehicle is authorized by this chapter. The
investigator will review documents and/or information related to the tow as provided by
the applicant and by the Ithaca Police Department or Superintendent of Public Works.
Such investigation shall be completed within 15 business days after the request
therefor.
(2) The owner of the vehicle shall be liable for all towing and storage fees accrued
during the time the vehicle remains unclaimed, or in storage, unless it is determined that
the tow was not authorized by this section.
(3) If it is determined that the tow was not authorized under this section, the owner of
the vehicle shall be discharged from any obligation for the removal and storage
charges. The City of Ithaca shall be responsible for the removal and storage charges in
all cases where the removal was effected by the Superintendent of Public Works or by
order of the Ithaca Police Department.
(4) If the owner or person in charge of the vehicle does not claim the vehicle or
request an investigation within 15 days of being notified of the tow, the city shall be
entitled to assert a lien against the vehicle for the amount of accrued towing and storage
fees and proceed to sell the vehicle at public auction as provided by law.
§ 317-10 3 Procedures for failure to plea or respond to parking violation notices.
Whenever a person has failed to respond to at least five separate notices of violation for
separate parking violations, the City may send to the owner of the motor vehicle by mail
a notice to the effect that such person has failed to respond to at least five separate
notices of violation for separate parking violations and that the owner's vehicle is subject
to being impounded and/or being immobilized. Upon the mailing of such letter, the
owner of the vehicle shall immediately be responsible for the cost of sending such
notice, including administrative overhead. The owner shall have 10 days from the date
of mailing of such letter to respond to the notices of violation. If the owner does not
respond to all the notices of violation within said ten-day period, and thereafter the
vehicle is found unattended, parked upon a street or any City-owned property or
property under the jurisdiction or control of the City, the vehicle may be impounded by
or under the direction of an officer or designated employee of the Police Department
the Chief of Police or Superintendent of Public Works or their designees giving
authorization to a commercial towing or wrecker service to tow the vehicle and store it in
a safe place until claimed by the owner; or it may be immobilized by or under the
direction of an officer or designated employee of the Police Department the Chief of
Police or Superintendent of Public Works or their designees in such a manner as to
prevent its operation.
§ 317-11 4 Liability.
The operator of a vehicle shall be liable for the fines and penalties imposed for
violations of improper parking, standing, or stopping. In addition, except as provided in
§ 239, Paragraph 2, Subdivision b or e, of the New York State Vehicle and Traffic Law,
the owner of the vehicle, even if not the operator thereof, shall be jointly and severally
liable with the operator thereof if such vehicle was used or operated with the permission
of the owner, express or implied, but in such case the owner may recover any fine or
penalties paid by him/her from the operator.
§ 317-12 Number of public auctions.
The public auctions required herein and pursuant to the New York State Vehicle and
Traffic Law shall be conducted by the City as often as is necessary in its discretion, but
in no event less often than three times per year at intervals of approximately four
months.
§ 317-13 5 Procedures for private property towing.
A. Vehicles may be towed away or removed without additional notice to the owner
in the following instances:
(1) From property appurtenant to and obviously a part of a one-, two-, or three-family
residence.
(2) Where notice is given to the owner or other legally authorized person in control of
the vehicle that the area in which that vehicle is parked is reserved or otherwise
unavailable for unauthorized vehicles, and that such unauthorized vehicles are subject
to being removed at the owner's or operator's expense.
B. Additional notice required. Private property owners shall not authorize or
participate in the towing, storage or disposition of vehicles illegally parked or abandoned
unless the owner or person(s) in charge of the vehicle shall be notified by one of the
following methods:
(1) By posted signage on the premises meeting the following requirements:
(a) The notice must be prominently placed on the premises and be continuously
maintained on the premises for 24 hours prior to the towing or removal of any vehicle
from the premises;
(b) The notice must clearly indicate, in letters not less than two inches high on a
contrasting background, that unauthorized vehicles will be towed away at the owner's or
operator's expense. The notice must state clearly how long, if at all, or under what
conditions a vehicle may park before being towed or removed from the premises;
(c) The sign structure must comply with the provisions of Chapter 272, Signs; or
(2) By issuance of a duly authorized traffic ticket for illegal parking. A vehicle tow
report will be completed by the Police Department and name the property owner as the
complainant.
C. If the vehicle is not removed after proper notice is given as set forth above, the
vehicle may be towed immediately thereafter in accordance with the procedure under
§ 317-14 below.
D. If the vehicle is to be towed by order of a private property owner after such notice
as required in Subsections A and B above, the tow truck operator shall inform the Ithaca
Police Department 911 Dispatch Center immediately after removal. The identifying
information regarding the vehicle shall be entered into a log to be maintained by the
Police Department 911 Dispatch Center.
E. When towing of a vehicle from private property is being effected pursuant to this
section, the towing operator called must be one listed in the Tompkins County towing
company rotation list. who maintains a bona fide terminal within Tompkins County, and
the vehicle so towed may not be stored at a location outside the County.
F. The Ithaca Police Department and the City of Ithaca shall not be responsible for
the costs associated with towing a vehicle from private property. Tows from private
property shall not be subject to a towing investigation as noted in § 317-9 above.
§ 317-14 Removal and storage charges; penalties for offenses.
A. Removal and storage charges for nonconsensual towing of vehicles in the City of
Ithaca, whether on public or private property, are hereby established as follows:
(1) Removal charges shall not exceed $100.
(2) An additional fee, not to exceed $25, may be charged in the instance where a
police officer makes the determination that a special problem or circumstance exists. A
"special problem or circumstance" means the removal of any vehicle that involves
additional steps such as snow removal, difficult access to a locked vehicle, extra
cleanup, or winching. The use of dollies, flat beds, ramps, jacks, or slings are not
considered a special problem or circumstance. A request shall be made by the tow truck
operator to the police officer at the scene of the tow that the tow be treated as a special
problem or circumstance removal. Reasons for the request shall be stated by the tow
truck operator to the police officer at the scene and shall be recorded in the "Vehicles
Towed" report. Approval or denial of the request is to be made at the discretion of the
police officer at the scene of the tow and indicated on the "Police Towing" log. Denial of
the request by the police officer shall cause the tow to be deemed an ordinary removal.
(3) Extraordinary removal charges shall be based on the actual costs of the use of
the extraordinary equipment, plus labor charges. "Extraordinary removal" means the
removal of any vehicle requiring the necessary use of one or more additional tow trucks,
a crane or other extraordinary equipment other than regular or special towing
equipment.
(4) A fee not to exceed $30 may be charged by the tow truck operator to the owner
or operator of any vehicle requiring removal services as provided in this chapter
whenever the owner or operator appears to remove the vehicle after the tow truck
operator has hooked up the vehicle for towing or removal, but before the vehicle has
been removed from the scene.
(5) Storage fees not exceeding $25 per day or fraction thereof may be charged by
the tow truck operator after the vehicle has been stored for more than 24 hours.
(6) An after-hours service charge not to exceed $25 may be charged by the tow
truck operator whenever the tow truck operator is called to release a vehicle from the
storage yard during the hours 9:00 p.m. to 7:00 a.m. Upon the request and tender of the
required fee, it shall be the duty of the tow truck operator to release a stored vehicle at
any time of the day and on any day of the week, including weekends and holidays
unless there is a restriction or hold on such vehicle as per a law enforcement agency or
by order of a court of competent jurisdiction.
(7) The costs for towing services rendered, pursuant to this section, are subject to
the appropriate state tax.
(8) No additional fees, other than the fees that are set forth herein, shall be
assessed against the vehicle.
B. Violation of any provision of this chapter shall be punishable by a fine of not more
than $250 or by imprisonment for a period not exceeding 15 days for each such offense,
or by both such fine and imprisonment. Towing operators, and/or their agents or assigns
that violate the provisions as set forth herein are subject to removal from the City towing
list for such period of time that the Chief of Police deems appropriate.
§ 317-15 6 Effective date.
This chapter shall take effect immediately and in accordance with law upon publication
of notice as provided in the Ithaca City Charter.
“An Equal Opportunity Employee with a commitment to workforce diversification”
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY CLERK Telephone: 607-274-6570
Department of Public Information & Technology Fax: 607-274-6432
Julie Conley Holcomb, City Clerk www.cityofithaca.org
M E M O R A N D U M
To: Common Council
From: Julie Conley Holcomb, City Clerk
Department of Public Information & Technology
Date: June 7, 2019
Subj: Towing Procedures in the City of Ithaca
The Ithaca Police Department and the City Clerk’s Office are interested in participating in a shared
service initiative being proposed by the Tompkins County Department of Emergency Response to
streamline and standardize towing operations between the Ithaca Police Department, Tompkins
County Sheriff’s Office, and the New York State Police – Troop C Zone 3.
This initiative would provide centralized services to the entire county and would be facilitated by the
Tompkins County Department of Emergency Response (DOER). The current proposal includes
consolidating the existing fifteen+ tow rotation lists into five towing zones. Tow companies can
apply to be included in as many zones as they could physically respond to within the required
response times. When applying to be considered for this program, tow company owner/operators
must agree to the provisions included in the Tow Service Agreement (copy included).
In the City of Ithaca, the responsibility of approving tow companies to participate in the City of
Ithaca tow rotation list, performing safety inspections of fleet vehicles, conducting background
checks, and investigating complaints falls to the Ithaca Police Department and City Clerk’s Office.
The City’s participation in the shared services agreement would relieve IPD and the Clerk’s Office
of these responsibilities and would allow us to focus our time and resources on other matters.
The agreement regulates fees and includes consequences for violating the provisions of the
agreement. Enforcement of this policy would be administered through DOER and/or their
designee, and an oversight committee has been established that includes representatives of
Tompkins County, the City of Ithaca, and the New York State Police.
As requested by the City Administration Committee, the oversight committee held a joint meeting
with the tow company owners to explain the proposed shared service initiative and the provisions
of the proposed Tow Service Agreement. In addition, written comments have been accepted for
the past several weeks. Each comment was reviewed and considered by the oversight committee
and several were incorporated into the proposed Tow Service Agreement, Tow Zone Map, and
Schedule of Maximum Rates.
The proposed revisions to Chapter 317 of the City Code entitled “Vehicles, Removal of” states that
the City will follow the County policy regarding towing operations. If approved, it will remove
redundant and/or outdated language and will only contain the authority for certain city departments
to tow vehicles and the circumstances they can tow for.
The offenses that City staff typically ticket and tow vehicles for are as follows:
Being parked 12”/+ away from the curb causing and obstruction in the roadway
Illegally parking in a bus stop/taxi stand/paid mobile food truck space
Parking too close to a fire hydrant or in a fire lane
Parking in a crosswalk or blocking a driveway
Parking on private property without permission
Parking in a truck loading zone (reserved for oversized trucks)
Double parking
Abandoned vehicles (vehicle parked without moving for 72/+ hours
Parking in a zoned marked “No Parking” (permanent and temporary zones)
When multiple unpaid parking tickets have accrued
*When a vehicle is legally parked, but an emergency occurs – the City typically reimburses
those costs
Most of these offenses fall under the provisions of New York State Vehicle and Traffic Law, only a
few relate to City Code provisions. Currently, the only departmental personnel authorized to tow
vehicles are IPD and the Department of Public Works; however, the Ithaca Fire Department is
requesting the authority to tow vehicles that are hampering fire operations and or impinging on
public safety. This authorization would free up valuable police officer time.
I am further requesting that the requirement to conduct tow away appeals be repealed. The City of
Ithaca is the only agency in Tompkins County that conducts tow away investigations and the New
York State Vehicle & Traffic law does not have any provisions relating to tow appeals. The City
Clerk’s Office remains willing to work with the Police, Fire, and Public Works departments to
investigate complaints regarding violations of the Tow Service Agreements and the associated rate
schedules.
Please let me know if you would like further information or data prior to the City Administration
Committee meeting so that I can be prepared to share that with you. I am always happy to answer
any questions you have.
Tompkins County, City of Ithaca, and New York State Police Troop C Zone 3
Tow Service Agreement (TSA)
This Tow Service Agreement (TSA) contains terms and conditions a towing company agrees to comply
with to receive and maintain a position on the rotation tow listing with Tompkins County, City of Ithaca,
and New York State Police Troop C Zone 3. Participation in the tow rotation is voluntary. Any tow
company, by agreeing to participate in the program, does not establish a contractual relationship and is
not acting as an agent for Tompkins County, City of Ithaca, or New York State Police Troop C Zone 3, or
the State of New York, when performing services under the TSA. Exceptions to compliance with the TSA
shall not be authorized by a verbal agreement. Any exceptions shall be documented as a written
addendum to the TSA.
1. PURPOSE
The purpose of the establishment and implementation of this rotation program include but are
not limited to the following:
A. Providing a non‐discriminatory, uniform system for the rotation of tow trucks for Public
Safety‐generated tow service requirements.
B. The establishment of guidelines and standards to effectively serve the needs of the Public
Safety agencies, Dispatch Center, general public and towing companies.
C. Ensure tow companies, towing equipment and trucks comply with all applicable federal,
state, county and city statutes, ordinances and regulations including permits, licensing and
driver training requirements in order to be placed on the rotation program.
D. Ensure all impound and storage yards used by tow companies on the rotation tow program
comply with the requirements of applicable federal, state, county and city statutes,
ordinances and regulations.
E. Ensure Public Safety agencies receive professional, reliable and capable towing and recovery
services.
F. Assure the motoring public is provided professional, efficient, reliable towing, handling,
storage and recovery services to include lock outs, breakdowns, tire changes, etc.
2. POLICY
This TSA does not apply to and is not intended to hinder the activities of any private tow truck
business in providing tow services to the general public and/or commercial agreements on a
contractual or mutual consent basis. The TSA applies to requests through the Tompkins County
Dispatch Center for tow truck services involving the following situations, including but not
limited to:
A. Vehicles involved in accidents requiring the use of tow trucks to remove vehicles
B. Slide offs requiring the use of tow trucks to pull vehicles back on the roadway
C. Vehicles that are disabled and require a tow truck to remove
D. Unlawfully parked vehicles
E. Driver Arrest
3. TOWING AREAS
A. This policy shall establish tow areas for light/medium and heavy duty types of tow trucks to
facilitate the distribution of calls and meet the needs of law enforcement with regards to
response time and availability of tow services.
B. Rotation areas are:
1) The City and Town of Ithaca
2) Tompkins County Law Enforcement Zone 325 = Consists primarily of the Town and
Village of Lansing, and the Town and Village of Groton
3) Tompkins County Law Enforcement Zone 326 = Consists primarily of the Town and
Village of Dryden, and the Town of Caroline
4) Tompkins County Law Enforcement Zone 327 = Consists primarily of the Town of
Danby, and the Southern portion of the Town of Newfield
5) Tompkins County Law Enforcement Zone 328 = Consists primarily of the Town of
Ulysses, the Village of Trumansburg, the Town of Enfield, and the northern portion
of the Town of Newfield
a) Light/medium duty rotation tow truck companies on rotation will respond
accordingly
6) Heavy duty rotation tow companies operating in Tompkins County shall be
dispatched on a county wide basis.
4. ROTATION
A. Tompkins County shall maintain rotation tow lists for light/medium duty and heavy duty tow
companies.
B. Tow truck companies shall be dispatched according to their place on the rotation list.
C. A call to a tow company shall constitute one turn on the list and the tow company shall
move to the bottom of the list.
1) This includes when a tow company fails to answer the phone, is unable to respond,
is unable to perform the required service, refuses to respond or provide service; or
is canceled due to an excessive response time.
2) Any company calling back to cancel or pass more than 25% of its call volume in a
one‐month period may receive disciplinary action as outlined in the standard
suspension rules listed in Section 15.
D. If it is determined the tow company is not needed and is canceled by Tompkins County, up
to and including arrival on scene and standby time which does not result in a tow, there
shall be no charges and the tow company shall be placed back at the top of the rotation list
for that tow area.
E. If the tow company responds to a call and is canceled by the vehicle’s registered owner or
agent prior to the tow company taking possession of the vehicle, there shall be no charge
and the tow company shall be placed back at the top of the rotation list.
1) Possession is deemed to arise when the vehicle is removed and is in transit or
completely attached to the tow vehicle and immediately ready to go into transit.
F. Nothing in the TSA shall prohibit a Public Safety unit from requesting a specific tow company
at the request of the vehicle’s registered owner or agent.
1) A separate log will be maintained for owner or agent requests along with the
identifier of the Public Safety unit requesting such service.
G. If two or more tow companies are called to the same incident scene, distribution of the
vehicles shall normally be given by the Dispatch Center; however, it shall be at the discretion
of the on scene Public Safety unit to change assignments if needed. The Dispatch Center
shall be notified of any changes. The tow companies shall not change vehicle assignments
unless directed by the on scene Public Safety unit to do so.
H. A tow company responding to and arriving at a scene, which was not dispatched, shall not
tow any vehicle.
1) The Public Safety unit may use any tow company as a necessary resource to
immediately clear a hazard at their discretion. Such expediency clearance of a
hazard does not constitute authorization to tow any vehicle from the scene, nor a
charge to the owner or agent of the vehicle. If companies within Tompkins County
are not available, Tompkins County may utilize companies located outside of
Tompkins County.
I. A tow company accepting a call under the rotation system must respond to the requested
site with the company’s own equipment or equipment it has leased.
J. If another tow company takes the call on behalf of the tow company being dispatched, both
companies shall be disciplined following the standard rules listed in Section 15.
K. Regardless of the class of a tow truck a tow company may send to a call, charges shall not be
more than for the class of vehicle towed or serviced.
L. Tow companies and/or their operators are prohibited from “cruising” or jumping calls by
listening to the police band radio, or driving the roadways to solicit business in an effort to
pre‐empt the proper functioning of the rotation system.
1) Tow companies or employees in company vehicles pulling up to any incident scene,
such as accidents, slide offs, or break downs/disabled vehicles, that normally would
have required law enforcement interaction shall turn on their overheads to warn
traffic, determine if there are injuries and notify the Tompkins County Dispatch
Center. Once the law enforcement agency arrives, the tow company or employee
must leave the scene unless the officer requests their assistance as provided in
Paragraph H‐1.
2) The tow company may be requested by the officer to move a vehicle to a safe
location and leave it. The assistance provided shall not change the tow company’s
place in the rotation.
3) Any tow truck company cruising or jumping calls will be subject to disciplinary action
following the standard suspension rules listed in Section 15.
M. A tow company, operating under this TSA, may not solicit any additional services or business
roadside and may not solicit additional offered services such as repairs, rentals, loaner
vehicles, or additional services outside of the rotational tow request. These services may
only be offered when:
1) The tow has been completed and the tow bill has been paid in full and a receipt
issued to the owner or agent, and towed vehicle is under the control of the owner
or agent.
2) Tow companies, while operating under this TSA, may not offer incentives,
discounts, or other premium or influential offers as part of their tow services or tow
bill as an effort to obtain or gain additional business or services from the owner or
agent of the towed vehicle. Tow companies may offer discounted services as part of
their business, but the offer must apply to the public as a whole and must be
advertised and posted, and unilaterally applied to all tow services.
a. Examples:
i. Discounts for all active and reserve military members, veterans and
their families, senior citizen discounts for persons over 55 years of
age, or discount coupons offered for any tow service as advertised
in a newspaper, mailing, website, or social media posting.
5. RESPONSE TO CALLS
A. The tow company shall respond to calls 24‐hours a day, seven (7) days a week within the
maximum response time limits established by this policy.
B. An appropriate licensed tow truck driver shall respond with a properly equipped tow truck
of the class required to tow the vehicle and be in possession of the appropriate class of
license and applicable endorsements.
C. Response time is the time between notification by the Dispatch Center and time of the
arrived at the designated scene. The maximum response times are:
1) Light and/or Medium Duty = 30 minutes
2) Heavy Duty = 60 minutes
3) The response time requirements may be extended at the discretion of Tompkins
County Dispatch due to circumstances that either hinder compliance or make it
impossible to meet; such as inclement weather, blocked roads, or other similar
conditions. The tow company is required to notify Dispatch of the reason for delay,
ETA and current location.
D. The tow company shall advise Dispatch, at the time of notification, if they are either unable
to respond or unable to meet the maximum response time.
1) If, after accepting the call, the tow company is unable to respond or will be delayed
in responding, the tow operator shall immediately notify Dispatch.
E. If a tow company accepts a call and fails to arrive at the scene within the maximum time
limits, except in special circumstances, the call to that tow company may be voided and
another tow company called to provide the required services. Disciplinary action shall be in
accordance with the standard suspension rules listed in Section 15.
1) Dispatch will log “Unavailable” every time required response times are not met.
F. A tow company dispatched to the scene of a traffic accident shall be responsible for the
cleanup of debris and/or fluids caused by the vehicle involved in the accident from the
travel portion of the roadway as required by NYS Vehicle and Traffic Law (VTL) Section 1219,
and cleaned to the satisfaction of the Public Safety unit in charge of the accident. Cleanup
shall be completed prior to the tow company leaving the scene. For non‐compliance,
disciplinary action shall be in accordance with the standard suspension rules listed in Section
15. If a Public Safety unit performs the clean‐up, the towing company forfeits the right to
charge for clean‐up fees.
G. A tow company working under this TSA as a member offering AAA services will comply with
the rules and policies governing accepting AAA service rates and fees unilaterally once
sufficient proof of the vehicle owner or agent has proper AAA membership.
1) A separate log will be maintained for owner or agent requests for AAA.
H. Transportation of customers may be done at the discretion of each tow company.
6. TOW COMPANY APPLICATION / RECERTIFICATION
A. The non‐preference towing rotation list utilized by Tompkins County is open to any natural
person or legal entity that owns or operates a tow and recovery business within Tompkins
County.
B. For the purpose of application, to be on the towing rotation list within Tompkins County,
“owns or operates” means having a bona‐fide physical yard located within Tompkins
County.
C. Tow companies participating on rotation within Tompkins County shall meet all the
requirements outlined in this document and applicable federal, state, county and/or city
statutes, ordinances and regulations to remain on the rotation list to include:
1) Comply with all equipment requirements listed in Appendix A.
2) Obtain and display current certification of inspection for each tow truck as required
by NYS VTL Article 5 and 5A.
3) Ensure all tow truck drivers are properly trained to operate the equipment they are
responding with and properly licensed as required under the NYS VTL Article 19.
7. APPLICATION AND ENROLLMENT
A. Tow companies wishing to be added to the Tompkins County rotation program shall contact
the Department of Emergency Response Communications Center Manager and request a
tow application packet.
B. Completed forms shall be returned to the Communications Center Manager.
C. Should a company wish to be removed from the tow rotation list for a specific period of
time, the tow company shall notify the Dispatch Center in writing. Upon receipt, the tow
company will be removed from the list and notified. It shall be the tow company’s
responsibility to notify the Dispatch Center when the tow company wishes to return to the
tow rotation list. Tow companies returning to the list will be placed at the bottom.
D. Any tow company failing to meet or maintain all requirements and necessary equipment as
set forth by federal, state, county, town, village, or city requirements for truck inspections
and certifications or the requirements within this document shall be removed from rotation
until such compliance requirements are fixed or corrected. Tow companies shall provide
written documentation to the Dispatch Center requesting reinstatement to the rotation list.
E. Initial and periodic Commercial Vehicle Inspections including all tow company equipment,
storage yard(s), and all company operations involved in towing and recovery will be
conducted by the New York State Police Commercial Vehicle Enforcement Unit (CVEU)
and/or by local State Police units. Tow companies who fail said inspections will not be allow
to continue with the application process nor be allowed to function off the tow rotation
until the failed requirements of the inspection have been corrected as determined by re‐
inspection.
1) Commercial inspection and re‐inspection of a tow company will fall as scheduled
with regard to the availability of the NYSP CVEU unit.
F. If a change in address occurs for the principal office of a tow company, the tow company will
notify the Dispatch Center of this change within five (5) business days.
G. If a change of ownership or control of the tow company occurs either by sale, transfer, or
other legal means, the tow company will notify the Dispatch Center of this change within
five (5) business days.
8. TOW COMPANY REQUIREMENTS
All tow companies participating on the rotation system shall:
A. Provide a telephone number to the Dispatch Center where the tow company can be reached
24‐hours a day, and maintain radio or cell phone communications with their tow units when
responding to rotation calls.
B. Have a valid Business License for the storage yard issued by the municipality in which the
yard is located.
C. Have current motor vehicle registration(s) issued by the State of New York for all tow trucks
responding to rotation calls.
D. Ensure all drivers/operators have a current and valid driver license in their possession when
operating a tow truck on a rotation call.
E. Have a current certificate of insurance listing specific equipment/property insured. The
certificate must show the required minimum $300,000.00 of bodily injury insurance and
$25,000.00 of vehicle damage insurance. In addition, companies must maintain a minimum
of $100,000.00 “Garagekeepers” or “On‐Hook‐In Cargo” liability insurance for light and
medium duty trucks, and $300,000.00 for heavy duty wreckers.
F. Maintain general premises liability insurance for each storage yard in use in such amounts
as to cover losses that may arise at those facilities.
G. Have their trucks lettered with the company name on the doors of the truck. The name shall
match the DOT number issued to the tow truck company. No magnetic, temporary, or
removable signs or markings, nor non‐lettered trucks will be allowed for rotation calls.
H. Comply with equipment requirements set forth in Appendix A and upon inspection.
I. Comply with all applicable motor vehicle laws enacted by the State of New York and exercise
diligent and reasonable care when responding to rotation calls.
J. Comply with directions from Public Safety units, unless such acts would cause unnecessary
damage or possible injury to the operator or others in the area.
1) Operators must attempt to resolve these issues on scene prior to initiating the
unsafe act using professional interaction with Public Safety units on scene.
2) If the matter cannot be safely and professionally resolved, a public safety supervisor
will be directed to the scene to resolve the issue.
K. Ensure all tow truck drivers are trained to operate the equipment they respond with and are
licensed as required under the NYS VTL Title 5, and specifically as addressed in Articles 18,
19 and 20. Training and Certification is required for each driver/operator.
L. Ensures employees performing tow services on behalf of the tow company are both
physically and mentally capable of performing the required duties.
M. Ensure all operators obtain a copy of their Criminal History and submit it with their tow
application. It is the responsibility of the Tow Company to accept or deny employment
based on the operator’s criminal history. Each tow operator must be identified at the time
of application to the TSA. Each tow operator must undergo a local background check and be
free of felonies which will be reviewed on an annual basis. Tompkins County must be
notified of any changes to the tow operator list prior to any new operators being utilized in
this program, as well as any felony convictions of current tow operators. Unauthorized tow
operators may not be on scene of any tows within Tompkins County.
N. Represent a professional image. Employees shall wear clothing that is modest, functional,
contributes to safety, and has a driver’s name attached.
O. While involved in the Tompkins County rotation tow operations or related business, the tow
company and/or employee(s) shall refrain from any acts of misconduct including, but not
limited to, any of the following:
1) Rude or discourteous behavior to the public, Public Safety units, and competitors
2) Lack of service, selective service, or refusal to provide service which the tow
company is capable of performing
3) Any act of sexual harassment or sexual impropriety
4) Unsafe driving practices
5) Exhibiting any objective symptoms or alcohol or drug use
P. Wear appropriate warning garments (e.g., vests, jackets, shirts, retro reflective clothing) for
daylight and hours of darkness in accordance with OSHA Standards and NYS Traffic Incident
Management (TIM) Best Practices.
Q. Only respond to a request for service with the equipment and persons necessary to
complete the task.
1) Exception would be responding with a driver trainee.
9. TOWING, STORAGE and MANAGEMENT FEES
Fees charged for calls originating from Tompkins County shall be reasonable, valid, and not
more than those rates charged for similar services provided in response to requests initiated by
a public agency or private person. Vehicle removal charges shall not exceed those listed in
Appendix C.
The towing company shall issue all customers an invoice with detailed charges and may only bill
customers for the appropriate equipment, personnel or services necessary to complete the
assignment, and may not misrepresent the class of tow used. To be reimbursed for mileage, the
invoice must include time and mileage when dispatched and when the tow truck has arrived at
the scene. If a vehicle is towed, the invoice must include time and mileage when the truck
arrives at the storage facility. To be reimbursed for storage fees, the invoice must also include
the date the vehicle was released. If a vehicle owner or agent requests a vehicle be towed to a
specific location, the location must be indicated on the invoice. If a driver fails to document this
information, the towing company forfeits all mileage and storage reimbursement. Any disputes
in customer billing received will be reviewed by the local law enforcement agency supervisor, or
their designee, and the towing company.
A. Maximum Towing Rates as defined by Tompkins County shall be followed. Charges shall not
be more than for the class of vehicle towed or serviced. Classes are identified by the Towing
and Recovery Association of America (TRAA) in Appendix B.
B. Maximum Storage Rates as defined by Tompkins County shall be followed.
C. A towing company who charges rates above those defined by Tompkins County, including
charging for a higher class of tow truck than used, shall be subject to disciplinary action in
accordance with the standard suspension rules listed in Section 15.
D. Towing companies contracted by insurance companies (AAA, Geico, etc.) agree to charge
rates established by the insurance company.
Should the Tompkins County Department of Emergency Response choose to outsource all or
part of the services provided in this TSA, the related fees shall be distributed on a per service call
basis.
10. STORAGE FACILITIES
Towing companies shall operate and maintain a bona fide terminal within Tompkins County
where they will store vehicles. The terminal shall be identified by a legible, conspicuously
displayed sign. The terminal must be fenced, locked and lighted in a manner to ensure the safety
of vehicles stored on the premises. Tow truck operators shall allow for the properly authorized
release of motor vehicles in their custody 24 hours a day, seven days a week, 365 days a year.
Storage fees not exceeding $75.00 per day may be charged by the tow truck operator after the
vehicle has been stored for more than 24 hours. (For example, if a vehicle arrives on Monday at
11:00 am, $75 may be charged at 11:00 am on Tuesday, then $75 each additional day at 11:00
am.) An after‐hours service charge not to exceed $50.00 may be charged whenever the tow
truck operator is called to release a vehicle from the storage yard during the hours of 9:00 p.m.
to 7:00 a.m. No vehicle impounded by a law enforcement agency shall be liable for all towing
and storage fees accrued during the time the vehicle remains unclaimed, or in storage. The costs
for towing services rendered are subject to the appropriate state tax. No additional fees, other
than the fees that are set forth herein, shall be assessed against the vehicle.
A. The towing company shall be responsible for the safekeeping and prevention of vandalism
of all vehicles or removal of property/contents which are stored or impounded.
B. Storage facilities owned by a towing company and shared with another towing company or
another business establishment shall be physically separated and secured from each other.
C. The tow company employees shall be properly trained to conduct business transactions
related to towing, storage and release of vehicles/property. This includes the proper
completion of invoices.
D. Tow company owners will ensure they or their employees are available during normal
business hours to aid the public regarding towing issues.
1) Unless directed by an appropriate law enforcement agency, a tow company or their
employee shall release personal property from a vehicle, in compliance with state
law, which has been stored at the request of the vehicle’s registered owner or
agent.
a) No property may be held as “collateral” or as part of any unpaid or pending
tow charges.
2) A receipt shall be provided for the removed property, with a copy placed in the
stored vehicle. This procedure shall also apply to the removal of property by the tow
company and/or their employee to a secured area within the business.
3) In cases where a vehicle has been impounded for evidence or investigation,
personal property will not be released until the vehicle has been cleared by the Law
Enforcement agency handling the investigation.
4) No fee shall be charged for the release of personal property during normal business
hours.
a) An after‐hours service charge not to exceed $50.00 may be charged
whenever the tow truck operator is called to release property/contents
from the storage yard during the hours of 9:00 p.m. to 7:00 a.m.
E. Tow companies must comply with NYS VTL Section 184(2) concerning vehicle liens.
F. Public auctions shall be held pursuant to NYS VTL. Tompkins County will make every attempt
to conduct public auctions at least twice a year.
11. TOW COMPLAINTS
A. All related tow service complaints received or initiated by Tompkins County against a tow
company or tow company’s employees, shall be accepted and investigated in a fair and
impartial manner.
1) All complaints will be received in written form, with all applicable documentation
included. Complaints will not be accepted verbally either in person or by telephone.
2) The tow company and their employees shall cooperate with Tompkins County
during the course of an investigation.
B. The tow company shall be notified in writing of the findings within 30 days of the conclusion
of any complaint.
12. COMPLIANCE WITH LAW
A. The tow companies and employees shall, always, comply with federal, state, and local laws
and ordinances and all applicable court orders.
B. Any conviction of the tow company, owner, operator, employee or driver involving a stolen
or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a
crime of violence, a drug‐related offense, felony driving while under the influence or alcohol
or drugs, misdemeanor driving while under the influence of alcohol or drugs, or moral
turpitude may be cause for suspension or removal of a tow company or employee, or denial
of a tow company/employer’s application, or termination of the TSA.
13. COMPLIANCE WITH TSA
A. The tow company agrees, as a condition of inclusion in the rotation tow program, to comply
with the terms and conditions of the TSA. Furthermore, the tow company or Company’s
agent agrees that failure to comply with these terms and conditions shall be cause for
disciplinary action (e.g., written reprimand, suspension, termination, or denial of an
application).
B. A violation of the equipment requirements related to safety shall be cause for suspension.
1) The suspension shall remain in effect until the suspension period is completed and
an inspection of the equipment has been made and concluded the tow company is
in compliance.
C. A violation of overcharging or a pattern of overcharging shall be cause for suspension.
1) The suspension shall remain in effect until the suspension period is completed and
proof of reimbursement to the aggrieved customer(s) has been provided to the
appropriate Tompkins County agency.
D. Allowing an incompetent, unprepared, or untrained tow truck driver to respond to a
rotation call shall be cause for disciplinary action of the tow company.
E. A tow company sending a tow truck driver to a rotation call (e.g., those drivers dispatched
by the tow company’s business) for whom the following information has not been
submitted, shall be cause for disciplinary action of the tow company:
1) Tow Operator/Driver Information
2) Documentation indicating completion of an approved tow truck driver training
program such as Wreckmaster.
14. DISCIPLINARY ACTION
A. Tompkins County shall take disciplinary action against a tow company for violations
investigated and sustained. Furthermore, the tow company agrees that failure by the tow
company to comply with these terms and conditions shall be cause for disciplinary action
(e.g., written reprimand, suspension, denial of an application, or termination from the
Rotation Tow Program).
1) Tompkins County shall retain discretion regarding the length of any suspension
imposed pursuant to the terms and conditions of this TSA.
B. Nothing shall preclude Tompkins County from taking the appropriate enforcement or
administrative action for any violations of the law.
C. Nothing herein shall be deemed to prohibit Tompkins County from immediately suspending,
terminating, or denying an application of any tow company or employee whose conduct, in
the opinion of Tompkins County, is deemed to be a danger to the motoring public, or who
has engaged in conduct constituting a flagrant violation.
D. Records of violations shall be retained by Tompkins County for 36 months.
E. Disciplinary action taken against a tow company will be honored by all Public Safety
agencies within Tompkins County.
15. TERMS OF DISCIPLINARY ACTION
A. Violations of the terms and conditions of the TSA may be cause for disciplinary action in the
following manner:
1) First violation within a 12‐month period = letter of written reprimand
2) Second violation within a 12‐month period = 1 to 30‐day suspension
3) Third violation within a 12‐month period = 60 to 90‐day suspension
4) Fourth violation within a 12‐month period = termination of the TSA
NOTE: In lieu of termination, Tompkins County may impose additional suspensions for longer
periods, if deemed appropriate.
B. Violations of the terms and conditions of the TSA which warrant suspension for the first
violation are categorized as major violations. Any subsequent or continuing major violation
may be cause for termination.
1) When considering disciplinary action for a major violation of the TSA, Tompkins
County should take into consideration all violations which have occurred within 36‐
months prior to the date of the current violation.
C. A suspended or terminated tow company shall not be eligible for a rotation listing for the
duration of the suspension or termination.
D. If the tow company is serving a suspension for one year or more, the tow company shall be
required to have complied with all terms and conditions of the current TSA at the time of
reinstatement.
E. A tow company shall comply with all the terms of the suspension prior to reinstatement or
re‐application.
16. HEARING / APPEAL
A. A hearing shall be granted, upon a tow company’s request, within ten business days, for any
of the following circumstances:
1) The tow company is served with a disciplinary action
2) Denial of a tow company’s tow application or a tow company/driver application
B. A hearing shall be held as soon as practicable.
C. The hearing shall be conducted by representatives from Tompkins County, the City of Ithaca,
and/or New York State Police Troop C Zone 3. The tow company shall be entitled to present
all relevant facts and circumstances in support of the tow company’s position.
D. The tow company shall be notified in writing of the decision(s) within ten business days of
the date of completion of the hearing.
E. Disciplinary action shall not take effect until the hearing and appeal process has been
exhausted, except for tow companies whose conduct is deemed to be a danger to the
motoring public or who continue to violate the terms and conditions of the TSA.
F. If a tow company fails to request a hearing or appeal within the specified time or fails to
appear at a scheduled hearing or appeal, the action taken by Tompkins County shall be final
and the disciplinary action shall take effect upon written notification to the tow company.
All documentation referenced above to include all vehicle registrations, insurance policies, licensing,
equipment listing, company service rates and related updated documentation must be forwarded to
the Tompkins County Department of Emergency Response, 92 Brown Road, Ithaca NY 14850, where
they will be kept on file. Any failure to provide the valid, up‐to‐date documentation referenced in
this policy may result in a suspension or removal from the Tompkins County, City of Ithaca, and New
York State Police Troop C Zone 3 Tow Service Agreement.
I, _______________________________________________________________________________,
(Tow Company Owner Name)
the registered owner of ______________________________________________________________
(Tow Company Name)
located at _________________________________________________________________________
(Physical Company Business Address)
affirm that I desire that my tow company be included on the Tompkins County, City of Ithaca, and
New York State Police Troop C Zone 3 Tow Rotation and that my company will maintain full
compliance with the requirements, standards, and practices listed in the Tow Service Agreement.
___________________________________________________________ ___________________
Signature Date
Tompkins County Tow Rotation List Maximum Rates – Light & Medium Duty
Light Duty Tow, 24/7/365 $150.00
Medium Duty Tow, 24/7/365 $225.00
Jumpstart (without tow) $50.00
Lockout (without tow) $50.00
Tire Change (without tow) $75.00
Fuel Delivery (without tow) $50.00 + cost of fuel
Winch Out (without tow) $75.00
Additional Charges
Tow Rotation Management Service (TRMS) Fee
** Mandatory for all calls, TRMS will bill tow
company on the 1st of every month.
$25.00 for Non‐Roadside Assistance
$15.00 for Roadside Assistance (AAA, Geico, etc.)
Scene/Accident Clean Up and/or Standby Time No charge for first 15 minutes
$35.00/hour after first 15 minutes
Winch Out $75.00
Extra Person $50.00/person
Second Tow Unit Billed at same rate as first tow unit
Skates $25.00
Dollies $50.00
Flatbed/Rollback $50.00
Recovery $325.00/hour
Mileage, En route/Unloaded (from base to scene)
Mileage, Loaded (from scene to storage/shop)
$2.00/mile
$4.00/mile
Speedy Dry $15.00/bag
Absorbent Pads $5.00/each
Storage Rates – Light & Medium Duty
Daily Storage, begins 24 hours after vehicle
enters yard
$75.00/24 hours
After Hours Release of Vehicle or
Property/Contents (9:00 pm – 7:00 am)
$50.00
Tompkins County Tow Rotation List Maximum Rates – Heavy Duty
Heavy Duty Tow, 25 Ton, 24/7/365 $325.00
Heavy Duty Tow, 35 Ton, 24/7/365 $375.00
Heavy Duty Winch Out, 25 Ton $200.00
Heavy Duty Winch Out, 35 Ton $250.00
Recovery $325.00/hour
Extra Rigger or Person on Scene $125.00/hour per person
Heavy Duty Tractor or Dump Truck $200/hour, minimum 4 hours
Low Boy or Service Truck $100/hour, minimum 4 hours
Backhoe or Skidsteer $200/hour, minimum 4 hours
Chainsaw $50/hour, minimum 4 hours
Rescue Truck $350/hour, minimum 4 hours
Light Duty Truck $225/hour, minimum 4 hours
Daily Storage, begins 24 hours after vehicle
enters yard
$150.00/24 hours
U L Y S S E S
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C A R O L I N E
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Potato Hill State Forest
Robinson Hollow
State Forest
Hamond
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Yellow
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State
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Taughannock
Falls State Park
Robert H. Treman
State Park
Buttermilk
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Dryden
Lake
State
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Mecklenburg
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South Lansing
Myers
East
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Asbury
Genoa
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East
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King
Ferry
Five
Corners
Goodyear's
Corners Summer
Hill
North
Spencer
Village of
Spencer
Jenksville
North
Van Etten
Swartwood
Alpine
Junction
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TOMPKINS COUNTY
1:158,400
101234Miles
One Inch represents 2.5 miles TowingZones2019.mxd
S. Borovska 5/10/2019
Tompkins County
Information Technology Services
GIS Division
±
New York State Plane Central
1983 North American Datum TOWING ZONES
9.4 Support & Authorization for New York State Consolidated Funding
Application, Water Infrastructure Engineering Planning Grant Pertaining to
Biosolids - Resolution
WHEREAS, the Common Council, City of Ithaca, Tompkins County, supports the
submission of a 2019 Consolidated Funding Application (CFA) on behalf of the City, for
the Water Infrastructure Engineering Planning Grant (EPG) program to conduct a study
to investigate the commercially available technologies for converting Biosolids; and
WHEREAS, the New York State Department of Environmental Conservation (DEC), in
conjunction with the New York State Environmental Facilities Corporation (EFC),
provides a competitive statewide reimbursement grant program to assist in the initial
planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects;
and
WHEREAS, The City of Ithaca meets EPG eligibility, below municipal median
household income requirements and the reduction or elimination of the amount of
Biosolids sent to the landfill would significantly benefit the City and its residents; and
WHEREAS, if funding is received it will allow the City of Ithaca to obtain an engineering
report to investigate technologies available for converting the existing Class B Biosolids
produced at the Wastewater Treatment Plan (WWTP) into Class A Biosolids, allowing
them to be beneficially re-used; and
WHEREAS, the above referenced Action has been determined to be a Type II Action
under 6 N.Y.C.R.R. Section 617.5 [c] [27] of the State Environmental Quality Review
(SEQR) Regulations and does not require environmental review; and
WHEREAS, If awarded the grant the City of Ithaca will pay the required local matching
portion of the grant in the amount of $6,000.00 from existing funds available in the
Ithaca Area Wastewater Treatment Plant 2019 budget; now, therefore be it
RESOLVED, That Common Council, on behalf of the City, identifies Mayor Svante
Myrick as the authorized representative for this project, able to execute necessary
documents relative to and as required for this application; and, be it further
RESOLVED, That the Ithaca Common Council, on behalf of the City, recognizes and
fully supports the submission of this CFA for an EPG for a Biosolid investigation.
9.5 Support & Authorization for New York State Consolidated Funding
Application, Water Infrastructure Engineering Planning Grant for Inflow and
Infiltration Project - Resolution
WHEREAS, the Common Council, City of Ithaca, Tompkins County, supports the
submission of a 2019 Consolidated Funding Application (CFA) on behalf of the City, for
the Water Infrastructure Engineering Planning Grant (EPG) program to conduct a study
on Inflow and Infiltration within the City sewer collection system; and
WHEREAS, the New York State Department of Environmental Conservation (DEC), in
conjunction with the New York State Environmental Facilities Corporation (EFC),
provides a competitive statewide reimbursement grant program to assist in the initial
planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects;
and
WHEREAS, The City of Ithaca meets EPG eligibility, this project is considered a funding
priority as an area with suspected Inflow and Infiltration issues, and the City is below
municipal median household income requirements; and
WHEREAS, if funding is received it will allow the City of Ithaca to obtain an engineering
report to investigate their significant inflow and infiltration issues to identify solutions,
enabling them to seek financing for construction through the CWSRF program,
advancing the needed water quality improvements; and
WHEREAS, the above referenced action has been determined to be a Type II Action
under 6 N.Y.C.R.R. Section 617.5 [c] [27] of the State Environmental Quality Review
(SEQR) Regulations and does not require environmental review; and
WHEREAS, If awarded the grant the City of Ithaca will pay the required local matching
portion of the grant in the amount of $6,000.00 from existing funds available in the
Ithaca Area Wastewater Treatment Facility 2019 budget; now, therefore be it
RESOLVED, That Common Council, on behalf of the City, identifies Mayor Svante
Myrick as the authorized representative for the project, able to execute necessary
documents relative to and as required for this application; and, be it further
RESOLVED, That the Ithaca Common Council, on behalf of the City, recognizes and
fully supports the submission of this CFA for an EPG for Inflow and Infiltration.
MEMORANDUM
CITY OF ITHACA
DPW – WATER & SEWER DIVISION
510 FIRST STREET
Date: 6/27/19
To: City of Ithaca Common Council & Mayor
Cc: Mike Thorne, PE, City Superintendent of Public Works
Steve Thayer, City Controller
From: Erik Whitney, PE, Assistant Superintendent of Public Works, W&S Division
RE: Engineering Planning Grant Application Resolutions on July 3rd Agenda
All,
Accompanying this memo are two engineering planning grant resolutions necessary for the
applications to go in on July 18 through the Consolidated Funding Application to the NYS
Environmental Facilities Corporation. One grant application supporting resolution for
Infiltration & Inflow and one for Class A Bio-solids. The Engineering Reports which will come
out of both these studies will be the required “seed” for Implementation Grant Applications in
the future. Tim Carpenter of MRB Engineers prepared the Resolutions and associated forms
he'll need to submit on our behalf. MRB was the firm selected for this as they had previously
performed a headworks loading study for the IAWWTF and had a lot of the background
information needed to get off to a running start. I have revised the resolutions based on input
from the City Admin Committee and the Planning Department. We have a relatively high
probability of realizing these as they are both in areas of NYSDEC priority designation for
grant award.
Background: Reducing I&I will be a real priority in our Green Initiative because of the potential
energy savings. At the present time I&I constitutes more than half of the WWTP flow. This
means both pumping and aeration costs are near double what they could be if we had a tight
system. While that will never be the case we should aim to tighten up the system by finding
and eliminating maybe half of the I&I in the next 2-decades. Our current electric costs are on
the average $16,000 per month and 85% plus of that is for pumping and aeration. We also
generate on site from bio-gas about 40% of our electric demand. If it weren't for our onsite
generation offset our actual electric bill would be $22,000 per month plus. If we eliminated half
of our I&I we could reduce our monthly electric bill by almost $10,000 a month. That's huge!
We now spend about $400,000 annually trucking and landfilling Class B bio-solids. If we could
produce a class A bio-solid we potentially could reduce our costs by 50% or more and reduce
the trucking considerably.
10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code
Entitled “Zoning”- Article III, Entitled “Special Conditions and Special Permits”
ORDINANCE NO. 2019-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. The title of Article III of Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” is hereby amended to read [Special Conditions and Special Permits]
“Special Permits and Related Special Conditions”.
Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section
9 Entitled “Standards for Special Conditions and Special Permits” is hereby repealed in
its entirety and amended to read as follows:
A. Intent. The intent of this section is to set forth regulations and conditions
which shall apply to certain land uses and activities which are incongruous or
sufficiently unique in terms of their nature, location and effect on the
surrounding environment and the quality of the community to warrant special
evaluation of each individual case.
B. Applicability.
(1) The uses listed under the district regulations in §325-8, District
Regulations, which require a special permit from the Planning
and Development Board are as follows:
(a) Accessory apartments in all R-1, R-2, CR-1, and CR-2
districts.
(b) Cemeteries in all districts.
(c) Public utility facilities in all districts.
(d) Schools and related uses in all residential districts.
(e) Nursery schools or child day-care centers in R-2, CR-2 and
R-U districts.
(f) Neighborhood retail or service commercial facilities in R-2,
R-3, CR-2, CR-3, and CR-4 districts.
(g) Hospitals or sanatoriums in R-3, CR-3, and CR-4 districts.
(h) Any use other than public recreation, classrooms, or living
accommodations in P-1 districts that are located within 200
feet of adjoining residential districts.
(1) In such P-1 districts, living accommodations within 200 feet of an adjoining
residential district shall conform to the use and area regulation applying to the strictest
adjoining residential district.
(i) Home occupations in all residential districts, unless the
home occupation meets all of the following criteria:
(1) The occupation does not carry a stock of merchandise or
store materials for resale or use in the occupation, except
for a reasonable quantity of office supplies incidental to a
small office;
(2) The occupation does not create traffic or need for parking
beyond that which is incidental to the residential use of
the property. Factors that are not to be considered
incidental to residential use are regularly scheduled
events such as deliveries, client or customer visits, or
similar events; and
(3) The occupation requires or performs no exterior
alterations and maintains no exterior display visible from
outside the residence (including vehicle with signage
parked outside of the buildings) except a nameplate as
permitted by Chapter 272, Signs, of the City Municipal
Code.
(4) The occupation does not create any noise, vibration,
smoke, dust, or objectionable effects not customarily
incidental and accessory to the residential use of the
property.
(j) Towers or structures for the transmission or receipt of radio
or other electronic communications signals (except those
subject to Article VA of this chapter), unless:
(1) The towers or structures are antennas or satellite dishes
with a maximum diameter of six feet or less;
(2) Such antennas or satellite dishes are not in a front yard;
(3) The maximum height (top to bottom) of such antenna or
satellite dish, including attached mounting supports, is 10
feet or less; and
(4) Such antennas or satellite dishes, if they are to be
located where they would ordinarily be visible from a
public way adjoining the property, are subject to the
following conditions:
(a) If in a residential district or on a lot abutting or
across a street or waterway from a residential
district they shall be screened from such
view.
(b) In all other locations, they shall be screened
from such view or be of a color and/or
location that will minimize their visual impact.
(k) Telecommunications Facilities and Services.
(l) Towers or structures intended for the generation of electricity
for the premises on which such tower is located in all
districts.
(m) Community or neighborhood gardens in all districts.
(n) Group or adult day-care facilities in R-2 and CR-2 districts.
(o) Redemption centers in B-2 districts.
(p) Bed-and-breakfast homes and bed-and-breakfast inns in all
districts.
(q) Neighborhood parking in any district where such parking is
permitted.
(2) Any use allowed by special permit and requiring signage is subject
to the provisions of Chapter 272, Signs, of the City Municipal
Code, and such signage shall be reviewed by the Planning and
Development Board as part of the special permit approval
process.
(3) All additional conditions for specific uses, as identified in §325-10,
Additional Conditions for Special Permits, must be met or
specifically waived by resolution of the Planning and
Development Board.
C. Special Permit Procedures.
(1) Submission of application materials. Applicants must submit a complete
special permit application, including all applicable materials as
described in the application checklist. The Planning and Development
Board may require additional application materials, depending on the
scope and complexity of the project.
(2) Public notice.
(a) By mail. The applicant shall notify the owners of record of all
properties within 200 feet of the property boundary of the project
site at least 20 days before the Planning and Development Board
meeting. Such notice shall be in the form approved by the Board,
briefly state essential facts about the proposed special permit, and
inform recipients of the date, time, and place of the meeting and the
place where further information about the proposal and review
process may be obtained. The applicant shall provide the Board
with certification of compliance with notice procedures.
(b) By posting. The applicant shall post a sign at the center of each
property line of the project site which front on a public or private
roadway or a public right-of-way at least 20 days before the
Planning and Development Board meeting. Such signs shall be
continuously maintained and displayed facing the roadway until
final action has been taken by the Board to approve or deny the
special permit. The required signs shall be obtained from the
Division of Planning and Development, and a nonrefundable fee
shall be paid for each sign or replacement obtained. At the time
such signs are obtained, the applicant or the applicant’s
representative shall indicate, in writing, the date on which the signs
are to be erected.
(c) By newspaper. The hearing on the special permit application shall
be advertised in a newspaper of general circulation in the City at
least five days before the hearing.
(3) Planning and Development Board meeting. Following timely receipt of a
complete application for a special permit, the Board shall schedule
consideration of the application at its earliest possible scheduled
meeting. The Board may establish its procedures and requirements,
within the framework provided by this chapter, for the review of special
permits.
(4) Public hearing. Prior to rendering any decision on a special permit
application, the Board shall first hold a public hearing on the proposed
use. This may begin concurrently with any required public hearing for
the purpose of environmental review and/or site plan review of the
same project and may continue after any such environmental review or
site plan review public hearings are closed.
(5) Within 65 days after completion of environmental review on a special
permit application, the Board shall render one of the following
decisions:
(a) Final approval.
(b) Final approval with conditions.
(c) Denial of the special permit.
(6) Communication of decisions. The Director of Planning and Development
and the applicant shall be notified, in writing, of the decision on a
special permit application no later than 10 working days after the date
of the decision.
D. Permit Review Criteria.
(1) General Criteria.
(a) A special permit shall be granted for a proposed use or activity if
it meets the following criteria:
(1) The location and size of the use, the size of the site in
relation to it, and the location of the site with respect to
the existing or future streets giving access to it shall be
such that the use will be in harmony with the existing or
intended character of the neighborhood and will not
discourage the appropriate development of adjacent land
and buildings or impair the enjoyment or value thereof.
(2) Operations in connection with the use shall not be
more objectionable to nearby property by reason of
noise, fumes, increased vehicular traffic or parking
demand, vibration, or flashing lights than would be the
operations of any use permitted without a special permit.
(3) The granting of a special permit may be conditioned
on the effect the use would have on traffic, congestion,
environment, property values, municipal services,
character of the surrounding neighborhood, or the
general plan for the development of the community.
(b) The Planning and Development Board shall deny a special
permit where it finds that a proposed use would have a
significant negative impact on traffic, congestion, environment,
property values, municipal services, character of the
surrounding neighborhood, or the general plan for the
development of the community, including considerations of
occupant load, night operation, and the use of chemical,
biological, or radioactive agents expected in connection with the
proposed activity.
(c) The applicant may be required by the Board to submit plans for
the site and parking facilities and to disclose other features of
the applicant’s proposed use so as to afford the Board an
opportunity to weigh the proposed use in relation to neighboring
land uses and to cushion any adverse effects by imposing
conditions designed to mitigate them. If the Board finds that the
adverse effects cannot be sufficiently mitigated, then the Board
shall deny the special permit.
(2) Additional conditions for specific uses may be found in §325-10,
Additional Conditions for Special Permits.
E. Application Fees. The application fee shall be based on the type of use for
which the special permit is sought in accordance with the following schedule.
(1) Accessory apartments and home occupations - $100
(2) All other special permits (including bed-and-breakfast homes and
inns) - $150
F. Expiration and Renewals.
(1) Special permits do not expire, with the following exceptions:
(a) An accessory apartment special permit shall be issued for a
three-year period.
(1) The renewal of accessory apartment special permits for
additional three-year periods shall be granted by the
Director of Planning and Development or designee
following the issuance of a Certificate of Compliance for
the entire property, verifying that the conditions originally
set forth have not changed in any way. To prevent
expiration of the special permit, the Certificate of
Compliance must be obtained within the three-year
period.
(b) A home occupation special permit shall be issued for a
three-year period.
(1) The renewal of home occupation special permits for
additional three-year periods shall be granted by the
Director of Planning and Development or designee
following the issuance of a Certificate of Compliance for
the entire property, verifying that the conditions originally
set forth have not changed in any way. To prevent
expiration of the special permit, the Certificate of
Compliance must be obtained within the three-year
period.
(c) A bed-and-breakfast home or inn special permit in all
residential districts shall be issued for a five-year period.
(1) All requirements pertaining to the application for and
granting of a first-time special permit for a bed-and-
breakfast home or inn shall also apply to the application
for and granting of a renewed special permit, including
the application and notification procedures set forth in
§325-9C and the expiration of such renewed special
permit after five years.
(d) A community or neighborhood garden special permit shall
expire automatically if the site is not used as a community or
neighborhood garden, as defined in §325-3, for one complete
garden season.
(1) If a community or neighborhood garden special permit
should expire, a new application must be submitted
pursuant to §325-9C of this chapter.
(2) It is the responsibility of permit holders to renew their special permits
prior to expiration.
G. Appeals. Any person aggrieved by any decision of the Board, or any officer
or agency of the City, regarding the issuance of a special permit, may apply to
the Supreme Court for review by a proceeding under Article 78 of the Civil
Practice Law and Rules.
H. Revocation. The Director of Planning and Development or designee shall
revoke any special permit issued hereunder should the applicant or the
applicant’s tenant violate any provision of this chapter or any condition
imposed upon the issuance of the special permit by the Planning and
Development Board.
Section 4. Section 10 of Chapter 325, Zoning, of the Municipal Code of the City of
Ithaca is hereby repealed in its entirety.
Section 5. A new section 10, entitled “Additional Conditions for Special Permits”, of
Chapter 325, Zoning, is hereby added to the Municipal Code of the City of Ithaca, to
read as follows:
A. Intent. The intent of this section is to set forth additional requirements and
conditions which shall apply to certain uses allowed by special permit under
§325-8, District Regulations, of the City Municipal Code.
B. Applicability. All uses allowed by special permit shall be subject to the criteria
set forth in §325-9, Special Permits. In addition, accessory apartments, bed-
and-breakfast homes, bed-and-breakfast inns, community or neighborhood
gardens, and schools and related uses shall be subject to additional
conditions as set forth in §325-10C.
C. Additional Conditions.
(1) Accessory Apartments. The following specific conditions shall be
applicable to all special permits for accessory apartments:
(a) The owner(s) of the lot upon which the accessory apartment
is located shall occupy and maintain at least one of the dwelling
units on the premises as a legal full-time residence, except for
temporary absences not to exceed 18 months cumulatively in
any five-year period. Longer absences will result in revocation of
the special permit unless approved by the Planning and
Development Board.
(b) The main dwelling unit and the accessory apartment unit
each may be occupied by an individual or a family plus not more
than one unrelated occupant. Minor dependent children in the
care of a parent or relative shall be excluded in determining the
number of unrelated occupants in a dwelling unit.
(c) Accessory apartments may be located only on one-family
properties in any district in which residential use is permitted. An
accessory apartment may be located either in the principal
structure or 2) in an existing accessory building or 3) in a new
structure provided that all such structures meet all the
requirements of the City of Ithaca Building Code.
(d) There shall be no more than one accessory apartment per
lot.
(e) The floor area of an accessory apartment within a principal
dwelling building shall not exceed 33 1/3% of the total habitable
floor area of the building in which it is located. If the Planning
and Development Board determines that a greater floor space is
necessary because the configuration of the building makes
meeting these requirements impractical, then the Board may
waive the maximum.
(f) Each accessory apartment shall be limited to a maximum of
two bedrooms.
(g) Area requirements.
(1) A special permit for an accessory apartment shall be
granted by the Planning and Development Board in spite
of existing legal area deficiencies, except where the
Board determines that there would be a negative effect
on surrounding properties.
(2) Notwithstanding any other requirements of this section, a
minimum side and rear yard setback of five feet shall be
required, except that, where light, air and open space
requirements of the City Building and Housing Code can
be met, the five foot setback may be waived in existing
principal structures.
(3) New structures housing accessory apartments shall meet
all applicable codes, including the area requirements of
this chapter.
(4) Temporary relief of area requirements for purposes of a
special permit shall terminate with the special permit and
shall not be viewed as a variance.
(h) If an accessory apartment is located in the main building, the
entry to the building and its design shall be such that the
appearance of the building shall remain as a single-family
residence. New or additional front entrances or windows are
discouraged but in any event must be in keeping with the
architectural style of the rest of the structure. Exterior stairways
may only be constructed in the rear, except where an alternate
location would be less publicly visible.
(i) One additional off-street parking space is required for an
accessory apartment.
(j) Within 30 days of approval of an accessory apartment
special permit, the owner(s) must record at the Tompkins
County Clerk’s office a declaration of covenants on the subject
property, with cross-referencing to the original deed, and
provide proof of such recording and cross- referencing to the
Department of Planning, Building and Development, who may
then issue a building permit. The declaration shall state that the
right to use the property as a two-family dwelling ceases if the
property is not occupied by the owner of this real property for his
or her legal full-time residence as required by §325-10C(1) of
the City of Ithaca Municipal Code. The declaration shall go on to
state that the special permit granted by the Planning and
Development Board expires unless renewed every three years
as required by §325-9F(1)(a) of the City of Ithaca Municipal
Code. The Director of Planning and Development or designee
shall note the existence of an accessory apartment on the
record of the property.
(k) Unapproved accessory apartments. Owners of unapproved
accessory apartments in existence as of the effective date of
this section shall have 90 days from the date of enactment to
apply for an accessory apartment temporary permit and to meet
the requirements of this section. Any such property owner who
is not in the process of completing or who has not completed
these requirements within the required 90 days shall be found in
violation if the apartment is occupied.
(2) Bed-and-breakfast homes and bed-and-breakfast inns in all districts.
The following specific conditions shall be applicable to all special
permits for bed-and-breakfast homes and bed-and-breakfast inns and
must be adhered to during the period that the bed-and-breakfast use is
in operation:
(a) The bed-and-breakfast home or inn must obtain a Certificate
of Compliance.
(b) A bed-and-breakfast home must be owner-occupied and
owner-managed, as defined in §325-3. A bed-and-breakfast inn
must be owner-managed.
(c) Bed-and-breakfast homes or inns in residential zones must
be compatible with the surrounding residential neighborhood.
(d) No alterations to the exterior of the house for the purpose of
establishing or expanding bed-and-breakfast operations shall be
permitted except for routine maintenance, alterations not
requiring a building permit, restoration, or requirements related
to safety or handicapped accessibility. There shall be no
exterior indication of a business, except the one permitted sign
as indicated below, and required parking. Drawings illustrating
any proposed exterior modifications must be submitted with the
special permit application.
(e) No cooking facilities are permitted in the individual guest
rooms.
(f) In-house food service shall only be provided to guests,
owner-occupants, owner-managers, and staff.
(g) In R-2 districts, no bed-and-breakfast home may be located
on a lot closer than 500 feet to any other lot containing a bed-
and-breakfast home, with only one such establishment
permitted per block face.
(3) Community or neighborhood gardens. The following specific conditions
shall be applicable to all special permits for community or
neighborhood gardens:
(a) At least one responsible adult, who shall be a participant in the gardening,
a representative of the sponsoring organization, or the owner of the
subject property, shall administer or coordinate the operation and act as a
contact person for the duration of the gardening activity.
(b) The area to be used will be operated in a responsible manner at all times
so as not to present a nuisance to or interfere with the use of enjoyment of
neighboring private or public property.
(c) Unused portions of the site shall be maintained in a neat and orderly
manner at all times.
(d) Gardening activity on individual plots must be confined to the hours of
7:00 a.m. to 10:00 p.m., except that power machinery shall not be
operated before 8:00 a.m. or after 8:00 p.m.
(e) Power or motorized machinery used in preparing and maintaining
individual plots shall be no larger than that normally used in connection
with home gardening (e.g. a typical walk-behind rototiller).
(f) Farm tractors or other heavy machinery shall not be employed on the site
except for initial site development and for annual spring preparation and
fall cleanup, if necessary. In those instances, it shall be operated only
between 8:00 a.m. and 6:00 p.m. weekdays.
(g) Mulch, compost, or organic fertilizer employed in the gardening is confined
to the site in a neat and orderly manner, and no fresh manure shall be
used or composted.
(h) All organic refuse and trash from the gardening operations shall be
promptly and properly disposed of on at least a weekly basis and, pending
disposition, it shall be stored neatly in such a way that it does not produce
offensive odors or attract dogs, raccoons, or vermin.
(i) Noxious fertilizers or noxious chemicals employed in the gardening are
used only with the knowledge and consent of all gardeners using the site,
all adjoining property owners, and, in the event that adjoining properties
are rental residential properties, with the knowledge and consent of the
head of each tenant household.
(j) No flammable liquids shall be stored on the site.
(k) Noise and odors produced in connection with the gardening activity shall
be no greater than those normally associated with home gardening.
(l) The entire site will be cleaned and left with a neat appearance at the end
of each gardening season or within 30 days of revocation or expiration of
a permit, whichever occurs first.
(m)The Planning and Development Board may prescribe any conditions that it
deems necessary or desirable, including but not limited to additional off-
street parking spaces, so that the character of the neighborhood shall be
preserved and public safety and welfare secured.
(n) Approved special permits for community and neighborhood gardens shall
be reviewed by the Director of Planning and Development or designee at
least annually for compliance with the above noted conditions and other
conditions specific to each permit’s approval. If, following such review or
investigation of any complaint, the Director of Planning and Development
or designee determines that a substantial violation exists, notice of such
violation shall be mailed to the designated contact person, requiring that
such violation be corrected within 15 days. If satisfactory correction is not
made, the special permit may be revoked by the Director of Planning and
Development or designee.
(o) In consideration of the fact that such gardens may be of an interim nature,
may occupy only a portion of a parcel and may be located on property
unsuited for other uses permitted under this chapter, the distric t
regulations specified for permitted uses under §325-8 of this chapter shall
be superseded, where applicable, by the following regulations for
community or neighborhood gardens:
(1) Minimum lot size: none
(2) Width in feet at the street line: none required; however, sites
lacking street frontage shall be accessible to vehicles and
pedestrians via a right-of-way of at least eight feet in width.
(3) Permitted structures: No structures for human habitation or
occupancy shall be permitted except for a weather shelter for
gardeners, which may have a maximum floor area of 64 square
feet. A light accessory structure for storage of gardening equipment
and materials for plant propagation, with a maximum floor area of
64 square feet, may be erected separately or attached to the
weather shelter. If necessary, a well-housing structure for the
production of water for garden use may be erected with permission
of the owner of the site.
(4) Parking and loading space: At least one off-street space on or
immediately adjacent to the site shall be provided for the use of the
gardeners for each 15 individual garden plots on the site or portion
thereof.
(5) Yard setbacks shall not be required, except that the provisions of
§325-17B and C and §325-25 of this chapter shall apply to any
plantings, fences or accessory structures on the site.
(4) Schools and related uses. The following specific conditions shall be
applicable to all special permits for schools and related uses in all
residential districts:
(a) If the proposed use is the expansion of an existing
educational use, the applicant must show a need to expand into
the residential area rather than into a less-restrictive area. No
special permit shall be granted by the Planning and
Development Board unless the applicant can demonstrate that
there is no reasonable alternative to location or expansion on
the site proposed.
(b) The location and size of the use, the size of the site in
relation to it, the operations in connection with the use and the
parking and traffic related to the operations shall not be such as
to create a significant hazard to the safety or general welfare of
the surrounding area.
(c) The proposed use or operation shall not produce or present
substantial danger of excessive noise, noxious odors, noxious
or harmful discharge, fire or explosion, radiation, chemical or
toxic release or other conditions injurious to the health or
general welfare of occupants of nearby properties.
(d) The size and use of the facility or the concentration with
similar facilities in the neighborhood shall not be so substantially
out of proportion to the character of the neighborhood as to
jeopardize the continued use of the neighborhood for residential
purposes.
Section 6. Severability. If any section, paragraph or provision of this ordinance shall be
determined to be invalid, such invalidity shall apply only to the section, paragraph or
provision adjudged invalid, and the rest of the section shall remain valid and effective.
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.
10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code,
Entitled “Zoning” To Amend §325-8, Entitled “District Regulations”, for the R-3
Zoning District
ORDINANCE NO. 2019-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
8 Entitled “District Regulations”, is hereby amended to update all headings pertaining to
uses allowed by special permit in all districts to read as follows (changes will appear on
the District Regulations Chart, which is a part of Chapter 325):
Column 1: BY SPECIAL PERMIT OF PLANNING AND DEVELOPMENT
BOARD [BOARD OF APPEALS]
Section 2. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
8 Entitled “District Regulations” is hereby amended to update a section reference in the
district regulations for Permitted Accessory Uses in the R-1 Zoning District to read as
follows (changes will appear on the District Regulations Chart, which is a part of
Chapter 325):
Column 3: Permitted Accessory Uses
8. Home occupations: Special permits are required in certain situations. See
§325-9B(1) [§3259C{i}].
Section 3. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
8 Entitled “District Regulations” is hereby amended to modify the district regulations for
Permitted Accessory Uses in the R-3 Zoning District to read as follows (changes will
appear on the District Regulations Chart, which is a part of Chapter 325):
Column 3: Permitted Accessory Uses
1. Required off-street parking.
2. Private garage for 4 or more cars.
3. Structures for construction purposes, not to remain over two
years.
4. Sign in connection with permitted use (see Sign Ordinance, Ch.
272 of City of Ithaca Municipal Code).
5. By special permit: Tower or structures for receipt or
transmission of electronic signals for commercial purposes or for
the generation of electricity to be used on the premises where
generated in any district (see §325-9). Except for personal
wireless service facilities.
6. Adult Day Care Home.
7. Home occupations: special permits are required in certain
situations (see §325-9B(1)).
8. By special permit: Neighborhood parking area subject to regulation of
§325-20(B).
9. [Any accessory uses permitted in R-2.]
Section 4. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
8 Entitled “District Regulations” is hereby amended to modify the district regulations for
Permitted Primary Uses in the I-1 District to read as follows (changes will appear on the
District Regulations Chart, which is a part of Chapter 325):
Column 2: Permitted Primary Uses
3. Any use not permitted in any other zoning district, subject to the issuance of a
special permit of the Board of Zoning Appeals in accordance with §325-9 and
concurrence by the Common Council.
Section 5. Severability. If any section, paragraph or provision of this ordinance shall
be determined to be invalid, such invalidity shall apply only to the section, paragraph or
provision adjudged invalid, and the rest of the section shall remain valid and effective.
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.
3/6/20194/2/2019
Ordinance 2: Revise Permitted Accessory Uses in R-3 Districts
1
An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Amend §325-8, District Regulations, for the
R-3 Zoning District
The ordinance to be considered shall be as follows:
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as
follows:
Section 1. Section 8, District Regulations, of Chapter 325, Zoning, of
the Municipal Code of the City of Ithaca is hereby amended to update all
headings pertaining to uses allowed by special permit in all districts
to read as follows (changes will appear on the District Regulations
Chart, which is a part of Chapter 325):
Column 1: BY SPECIAL PERMIT OF PLANNING AND DEVELOPMENT BOARD
BOARD OF APPEALS
Section 2. Section 8, District Regulations, of Chapter 325, Zoning, of
the Municipal Code of the City of Ithaca is hereby amended to update a
section reference in the district regulations for Permitted Accessory
Uses in the R-1 Zoning District to read as follows (changes will appear
on the District Regulations Chart, which is a part of Chapter 325):
Column 3: Permitted Accessory Uses
8. Home occupations: Special permits are required in
certain situations. See §325-9B(1) §3259C{i}.
Section 23. Section 8, District Regulations, of Chapter 325, Zoning, of
the Municipal Code of the City of Ithaca is hereby amended to modify the
district regulations for Permitted Accessory Uses in the R-3 Zoning
District to read as follows (changes will appear on the District
Regulations Chart, which is a part of Chapter 325):
Column 3: Permitted Accessory Uses
1. Required off-street parking.
2. Private garage for 4 or more cars.
3. Structures for construction purposes, not to remain over
two years.
4. Sign in connection with permitted use (see Sign Ordinance,
Ch. 272 of City of Ithaca Municipal Code).
5. By special permit: Tower or structures for receipt or
transmission of electronic signals for commercial purposes
or for the generation of electricity to be used on the
premises where generated in any district (see §325-9).
Except for personal wireless service facilities.
6. Adult Day Care Home.
7. Home occupations: special permits are required in certain
situations (see §325-9B(1)).
8. By special permit: Neighborhood parking area subject to
regulation of §325-20(B).
9. Any accessory uses permitted in R-2.
3/6/20194/2/2019
Ordinance 2: Revise Permitted Accessory Uses in R-3 Districts
2
Section4 3. Section 8, District Regulations, of Chapter 325, Zoning, of
the Municipal Code of the City of Ithaca is hereby amended to modify the
district regulations for Permitted Primary Uses in the I-1 District to
read as follows (changes will appear on the District Regulations Chart,
which is a part of Chapter 325):
Column 2: Permitted Primary Uses
3. Any use not permitted in any other zoning district,
subject to the issuance of a special permit of the Board
of Zoning Appeals in accordance with §325-9 and concurrence
by the Common Council.
Section 45. Effective date. This ordinance shall take effect
immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter.
10.3 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code
Entitled “Zoning” To Amend §325-19 Entitled “Transition Regulations”
ORDINANCE NO. 2019-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
19, Entitled “Transition Regulations” is hereby amended to add the following subsection:
E. Development in R-3 Districts which abut R-1 Districts. The development of
any permitted use in the R-3a or R-3b Zoning Districts, except a one-family or
two-family dwelling, shall be subject to the following special conditions if the land
on which the development occurs directly abuts land in either the R-1a or R-1b
Zoning District:
(1) Minimum lot size (area in square feet): The required area in
square feet needed to satisfy the minimum lot size
requirement shall be 150% of the requirement shown on the
District Regulations Chart for the R-3a or R-3b District.
(2) Maximum building height: The maximum building height
requirement shall be the same as the requirement for the
abutting R-1a or R-1b District.
(3) Maximum percent of lot coverage by buildings: The maximum
percent of lot coverage by buildings shall be 75% of the
requirement shown on the District Regulations Chart for the R-
3a or R-3b District.
(4) Yard dimensions, side or rear yards: The minimum required
side or rear yard requirement shall be 150% of the requirement
shown on the District Regulations Chart for the R-3a or R-3b
District if the side or rear yard abuts land in the R-1a or R-1b
District.
Section 2. Severability. If any section, paragraph or provision of this ordinance shall
be determined to be invalid, such invalidity shall apply only to the section, paragraph or
provision adjudged invalid, and the rest of the section shall remain valid and effective.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
10.4 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code,
Entitled “Zoning” To Amend §325-40, Entitled “Board of Appeals; Variances”
ORDINANCE NO. 2019-
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
325-40B(2)(b) Entitled “Board of Appeals; variances” is hereby amended as follows:
(b) Required information. Every appeal [or application] for relief shall set forth the
interpretation that is claimed or [the use for which a special permit is sought or] the
details of the variance applied for and the grounds for which it is claimed that the
variance should be granted, as the case may be. Appeals [and applications] shall be in
writing, on forms prescribed by the Board of Appeals, and shall be filed with the
Secretary of the Board. The applicant shall provide a site plan and such other drawings
and/or additional information as is necessary for the Board of Appeals to properly
consider the appeal [or application] for relief.
Section 2. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Section
325-40B(2)(d) Entitled “Board of Appeals; variances” is hereby amended as follows:
(6) Special permit applications for accessory apartments, bed-and-breakfast homes,
and home occupations: $100
(7) All other special permit applications (including bed-and-breakfast inns): $150
Section 3. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Section
325-40B(2)(e) Entitled “Board of Appeals; variances” is hereby amended as follows:
(e) Notices to the public. If a variance, or interpretation [or a special permit is]
requested, the appellant shall send notice of the same by mail to all property owners
within 200 feet of the boundaries of the lot under consideration. Such notice shall state
the relief sought, the type of use contemplated and such additional information as shall
be required by the Zoning Administrator [Director of Zoning Administration] or the
designee of the Director of Planning and Development and shall be mailed five days
prior to the meeting of the Planning Board which next precedes the public hearing.
Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the
public hearing.
Section 4. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
325-40B(2)(f) Entitled “Board of Appeals; variances” is hereby amended as follows:
(f) Report by the City Planning and Development Board. At least seven days before any
meeting of the Planning and Development Board which precedes the date of the
hearing required by law on any [application or] appeal to the Board of Appeals, the
Secretary of the Board shall transmit to the Planning and Development Board a copy of
said [application or] appeal, together with a copy of the notice of the aforesaid hearing.
When a variance, or interpretation [or special permit] is requested, no Board of Appeals
action thereon shall be taken until the Planning and Development Board has had the
opportunity to submit a report as to conformance with long-range planning objectives.
The Planning and Development Board shall have the right to request that action by the
Board of Appeals be adjourned for one month to allow the Planning and Development
Board to submit such a report as to conformance with long-range planning objectives.
Section 5. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
325-40C(1) Entitled “Board of Appeals; variances” is hereby deleted in its entirety and
the subsequent subsections shall be renumbered accordingly.
Section 6. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
325-40C(5) Entitled “Board of Appeals; variances” is hereby deleted in its entirety and
the subsequent subsections shall be renumbered accordingly.
Section 7. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section
325-40C(6) Entitled “Board of Appeals; variances” is hereby amended as follows:
(6) Imposition of conditions. The Board of Appeals shall, in the granting of use
variances[,] and area variances, [and special permits,] have the authority to impose
such reasonable conditions and restrictions as are directly related to and incidental to
the proposed use of the property. Such conditions shall be consistent with the spirit and
intent of the Zoning Ordinance and shall be imposed for the purpose of minimizing any
adverse impact such variance may have on the neighborhood or community.
Section 8. Severability. If any section, paragraph or provision of this ordinance shall
be determined to be invalid, such invalidity shall apply only to the section, paragraph or
provision adjudged invalid, and the rest of the section shall remain valid and effective.
Section 9. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
10.5 Ordinances to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and
Related Sections” – Declaration of Lead Agency for Environmental Review -
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 amendments are related and are considered one
action for the purposes of environmental review; and
WHEREAS, the proposed zoning amendments are a “Type I” Action under the City of
Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality
Review Act and is subject to environmental review; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review for the revisions to Article III, Special
Conditions and Special Permits, and related sections of Chapter 325, Zoning, of the City
Municipal Code.
10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and
Related Sections” – Determination of Environmental Significance - Resolution
WHEREAS, the City of Ithaca is considering revisions to Article III, Special Conditions
and Special Permits, and related sections of Chapter 325, Zoning, of the City Municipal
Code; and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (FEAF), dated March 26, 2019;
and
WHEREAS, the proposed amendments have been reviewed by the Tompkins County
Department of Planning and Sustainability pursuant to §239-l-m of New York State
General Municipal Law, which requires that all actions within 500 feet of a County or
State facility, including County and State highways, be reviewed by the County Planning
Department, and has also been distributed for review by the City of Ithaca Parks,
Recreation, and Natural Resources Commission and the City of Ithaca Planning and
Development Board; and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance and the State Environmental Quality Review Act; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth in the Short Environmental
Assessment Form, dated March 26, 2019; 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.
To: Common Council
From: Lisa Nicholas, Deputy Director of Planning
Date: June 18, 2019
RE: Updates to the Proposed Revisions to Special Permits, Accessory
Apartments, and Other Related Section of the City Zoning Code
In response to some questions at the June 12, 2019 Planning Committee Meeting, a few additional
clarifying changes were made to the proposed revised Article III, Special Conditions and Special
Permits. You will find these changes on page 8 of the attached version of the document. Reasons
for the changes are described in the margins.
One change of note was to standardize the use of the principal in alignment with the following
definition for accessory apartment in the City Code:
Accessory Apartment: A small dwelling unit, added to an owner-occupied single-family
residential property, which is subordinate to the principal residential use in terms of
size and appearance.
If you have questions or comments prior to the meeting, please feel free to contact Lisa Nicholas
at 274-6557 or lnicholas@cityofithaca.org.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
To: Planning & Economic Development Committee
From: Megan Wilson, Senior Planner
Date: April 3, 2019
RE: Proposed Revisions to Special Permits, Accessory Apartments, and
Other Related Section of the City Zoning Code
Following the March Planning & Economic Development Committee meeting, staff circulated
the proposed revisions to Article III, Special Conditions and Special Permits, and three
related amendments to Chapter 325, Zoning, of the City Municipal Code for additional review
and comment. The proposed amendments were also submitted to the Tompkins County
Department of Planning and Sustainability for review pursuant to §239-l-m of New York
State General Municipal Law. The County’s response to this review will be distributed
separately once receive. Two of the ordinances under consideration (Ordinance 1: Special
Permits and Accessory Apartments and Ordinance 2: Permitted Accessory Uses in the R-3
Districts) have been revised based on comments submitted by Alderperson Brock and are
attached with tracked changes for your review. Staff recommends that these suggested
revisions be included for adoption. No other comments have been submitted to date.
All four draft ordinances as well as a Short Environmental Assessment Form, dated March
26, 2019, are attached for your consideration. Staff will attend the May 8th meeting to discuss
the proposed amendments and address any questions. If you have questions or comments
prior to the meeting, please feel free to contact Lisa Nicholas me at 274-6557 or
lnicholas@cityofithaca.org.
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JoAnn Cornish, Director
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
For publication on April 24, 2019
LEGAL NOTICE
PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will hold
a public hearing to consider the proposal to revise Article III, Special Conditions and Special
Permits, and related sections of Chapter 325, Zoning, of the City Municipal Code. The proposed
amendments will establish a standardized special permit process under the Planning and
Development Board, reconcile inconsistencies within the Code, and remove potential barriers to
accessory apartments on owner-occupied properties.
The public hearing will be held in the Common Council Chambers, City Hall, 108 East Green
Street, in the City of Ithaca, New York, on Wednesday, May 8, 2019, at 6:00 p.m. If you have a
disability and require accommodation in order to fully participate, contact the City Clerk’s Office
at 274-6570 by 12:00 p.m. on Tuesday, May 7, 2019.
A copy of the proposed plan can be accessed on the City’s website at
https://www.cityofithaca.org/DocumentCenter/Index/996 or can be viewed in the City of Ithaca
Planning Division, 3rd Floor City Hall, 108 East Green Street, Ithaca, New York.
JoAnn Cornish
Director of Planning & Development
4/2/2019
10.7 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Establish Minimum Story Height Requirements in all CBD
Districts and Minimum Stepback Requirements for Properties on the, 300, 400,
and 500 Blocks of West State Street
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amend the City of Ithaca
Municipal Code, Chapter 325, Entitled “Zoning,” to Establish Minimum Story Height
Requirements in all CBD Zoning Districts and a Minimum Stepback Requirement for
Properties on the 300, 400, and 500 Blocks of West State/MLK Street, City of Ithaca
Tax Parcels; 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-
17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-
8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-2-5,
71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2,
71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-
1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-15, 71.-6-17, 71.-6-18, 71.-6-
19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6,
71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-
3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3,
72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5,
and 72.-4-9.
B. Determination of Environmental Significance – Resolution
WHEREAS, the Common Council of the City of Ithaca is considering a proposal to
establish minimum story height requirements in all CBD Zoning Districts and a minimum
stepback requirement for properties on the 300, 400, and 500 blocks of West State/MLK
Street, City of Ithaca Tax Parcels; 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-
1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4,
71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-
20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-
18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7,
71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-15, 71.-
6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-25, 71.-
6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15,
72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-
24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13, 72.-4-14,
72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9; and
WHEREAS, the proposed action is a Type 1 Action under the City Environmental
Quality Review Ordinance, §176-4 Type 1 Actions, B.7, “The adoption of zoning map
changes and changes in the allowable uses within any zoning district, affecting 2 or
more acres in the district”; and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF) Part 1, dated May 22,
2019, and Part 2, dated May 23, 2019; 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, Part 1, dated May 22, 2019, and Part 2, dated May 23, 2019; 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. An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Establish Minimum Story Height Requirements in all CBD
Districts and Minimum Stepback Requirements for Properties on the, 300, 400,
and 500 Blocks of West State Street
ORDINANCE NO. 2019-
BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca
that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby
amended as follows:
Section 1. Chapter 325, Section 325-8A entitled “District Regulations Chart”, be
amended to add minimum story heights in all CBD Zoning Districts, to read as follows:
“All new construction in the CBD Zoning Districts are required to have a minimum height
of 12’ floor to floor on the first story and a minimum 10’ floor to floor for each
subsequent story.”
Section 2. Chapter 325, Section 325-8A entitled “District Regulations Chart”, be
amended to change the maximum height in the CBD-60 district to 62’, and to change
the maximum height in the CBD-50 district to 52’. This is intended to allow for a 12’
minimum height of the first story and a 10’ minimum height of each subsequent story.
Section 3. Chapter 325, Section 325-5 of the City of Ithaca Municipal Code, entitled
“Zoning Map” is hereby amended to change the zoning designation of the following
parcels, or some portion of these parcels, as shown on the attached map entitled
“Proposed West State Street Rezoning from CBD-60 to CBD-50 – May 23, 2019”, from
CBD-60 to CBD-50: 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16,
71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7,
71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-
2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-
5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5,
71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-
15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-
25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14,
72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-
23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10,
72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9.
Section 4. The City of Ithaca Planning and Development Board, the City Clerk and the
Planning Department shall amend the zoning map and the district regulations chart in
accordance with the amendments made herewith.
Section 5. Chapter 325, Section 325-8D entitled “Additional Restrictions in the CBD
District”, is hereby amended to add a subsection (4) to read as follows:
325-8D.
4. In order to maintain the existing character and to preserve the pedestrian scale along
the street front, all new construction located in the portion of the CBD-60 District
directly fronting on the 300, 400, and 500 blocks of West State/MLK Street, the front
façade of any newly-constructed structure must contain a stepback of 15’ after the
first 32’ in height, before the structure can build up to the maximum allowable height
in this district.
Section 6. 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 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.
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10.8 City of Ithaca Proposed Planned Unit Development Application (PUD):
Ithaca Neighborhood Housing Services (INHS) Redevelopment of the Former
Immaculate Conception School -Common Council Conditional Approval –
Resolution
WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a
Planned Unit Development Overlay District (PUDOD), which allows the Common
Council to have flexibility to approve projects that may not fit into the underlying zoning,
but may have benefits for the community that outweigh any impacts resulting from not
complying with the pre-established regulations for that district; and
WHEREAS, on March 14, 2019, the City of Ithaca received the enclosed application
from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD)
project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street; and
WHEREAS, the applicant is proposing the redevelopment of the former Immaculate
Conception School into a vibrant mixed-use community, with a goal of providing both
rental and for-sale housing that is affordable at a range of household incomes (from less
than 30% AMI up to 90% AMI for the rental units and 80% AMI or below for the for-sale
units) and that is suitable for a range of household sizes (from single people to large
families); and
WHEREAS, the proposed project will also provide space for non-profit organizations
and will transfer the existing gymnasium to the Greater Ithaca Activities Center (GIAC);
and
WHEREAS, the total proposed development contains the following elements:
• Retention of the 1948 wing of the existing school building
• Demolition and replacement of the c. 1920s wing of the school with a new
four-story wing
• connecting to the 1948 wing to form an “L”
• Retention and rehabilitation of the Catholic Charities Building for their
continued use
• Detachment of the gymnasium wing and sale to the City for GIAC’s use
• Construction of an as-yet undetermined number of rental row houses facing
W. Buffalo Street between Catholic Charities and N. Plain Street
• Demolition of the existing building at 309 N. Plain Street and construction in
that location of a group of rental row houses
• Construction of a group of four for-sale row houses facing N. Plain Street at
W. Court Street
• The project will also include the retention and conversion of the two houses at
330 West Buffalo Street into two rental units, or demolition to allow the
construction of an additional group of row houses facing W. Buffalo St.
• Adaptive re-use of a portion of the existing school building for non-profit
service organizations
; and
WHEREAS, the project is intended to provide the following benefits to the community
1. The property is currently wholly exempt. Upon completion, we are projecting the
project will pay approximately $45,000 annually in property taxes via a PILOT.
2. The project is expected to result in the creation of 1.5 FTE INHS jobs that will be
paid living wages. It is also possible there could be new jobs created by the non-
profit organizations that occupy the space, but at this time that is unknown.
3. The project will provide affordable housing.
4. The project will redevelop a vacant school building.
5. The project is required to award at least 30% of the value of our State Housing
Trust Fund loan to Certified MWBE contractors, subs, or suppliers.
6. The project will adaptively re-use a largely vacant, centrally located site,
supporting the City’s Comprehensive Plan goal of increasing residential density
through appropriate infill
7. The project will also provide space for a number of non-profit organizations that
serve the local community at a reduced rent.
8. The project will transfer the existing gymnasium to GIAC
; and
WHEREAS, a public information session, hosted by the applicant, was held on May 13,
2019 and the meeting was advertised in the Ithaca Journal, the property was posted
with signs and property owners within 500 feet of the property were notified by mail of
the meeting; and
WHEREAS, the process for consideration of an application for Planned Unit
Development requires that the applicant obtain an approval in concept from the
Common Council prior to beginning the site plan review process; now, therefore be it
RESOLVED, That the Common Council does hereby grant approval in concept to
Ithaca Neighborhood Housing Services for their application for a Planned Unit
Development district to be established on parcel numbers 60.-2-5, 60.-2-11 and 60.-2-
12.; and, be it further
RESOLVED, That by granting an approval in concept, the Common Council
acknowledges that the applicant is able to begin the site plan review process, despite
any zoning-based deficiencies in the application; and, be it further
RESOLVED, That the Common Council does hereby request that the City Planning
Board update the Common Council after each Planning Board meeting where this
project is considered and to request ongoing written comments from the Common
Council; and, be it further
RESOLVED, That if this project receives a negative declaration of environmental
significance and contingent site plan approval, the applicant will return to the Common
Council for final consideration of the adoption of the Planned Unit Development district.
5
Part 1. – Applicant Information
Application Date:____/____/_____
1. Applicant Information
Applicant Name(All principal owners of 15% or more must be listed): _______
____________________________________________________________________
_____________________________________________________________________
Address:_______________________City:__________State:______Zip:________
Phone:___________________________Email:____________________________
Property Owner (If different from applicant):_______________________________________
Address:_________________________City:__________State:______Zip:______
Phone:___________________________Email:____________________________
2. Property Information
(Applicant must provide either proof of ownership or an owner’s authorization)
Property Street Address: _____________________________________________
Tax Parcel Number: ________________________________________________
Legal description of Property: ________________________________________
Zoning District :______Area: ________Frontage: _____________
Current Uses: _____________________________________________________
6
3. Project Information
Project Name: _______________________________________________________
________________________________________________________________________
Project Narrative and Summary of Community Benefits (attach additional sheets as
needed): ________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location:________________________________________________________
Property Size (acres) – both existing & proposed:_____________________________
Building Size (square feet) – both existing & proposed:_________________________
Proposed Project Start & Completion Dates:_________________________________
Approx. # of rental housing units:__________________________________________
Approx. # of for-sale housing units:_________________________________________
Approx. SF of office:_____________________________________________________
Approx. SF of retail/commercial:___________________________________________
Approx. SF of community/non-profit use:____________________________________
Approx. SF of light industrial/high-tech:_____________________________________
Approx. SF of industrial/manufacturing:_____________________________________
Approx. SF of other uses specify: ___________________________________________
Part 4. – Project Costs
7
Cost of New Construction:___________________
Value of Improvements:_____________________
Value of Equipment to Be Acquired:___________
Other:____________________________________
Total:____________________
Part 5. – Criteria and Potential Project Benefits
Minimum Qualification Criteria
A PUD can only be established if the following criteria are all determined to have
been met:
Does the project further the health and welfare of the community; and
Is the project in accordance with the City Comprehensive Plan
Does the project create at least one long term community benefit
Is the property located in an area of the City currently zoned industrial
PUD Approval Considerations
In addition to meeting the minimum criteria, the following will also be considered
when evaluating whether to grant a PUD for a proposed project:
(1) Please demonstrate why this project can’t move forward under existing zoning.
Why should a PUD be a desirable way to regulate development on this site?
(2) Will the project provide for public access pedestrian linkages (active
recreation)?
(3) What are the heights of buildings in this project? How do building masses and
locations compare to each other and to other structures in the vicinity?
(4) Are there available and adequate transportation systems within the PUD for
pedestrians, bicycles, and motor vehicles, including transit? What is the impact
on the external transportation network?
(5) What is the character of the neighborhood in which the PUD is being
proposed? Are there safeguards provided to minimize possible detrimental
effects of the proposed use on adjacent properties and the neighborhood in
general?
8
(6) How do the proposed open space and recreational systems function within the
PUD and in relation to the City’s overall open space and recreational systems?
(7) What is the general ability of the land to support the development, including
such factors as slope, depth to bedrock, depth to water table and soil type?
(8) What potential impacts are there on environmental, historical, and architectural
resources? Does the proposed PUD serve to protect these resources?
(9) What potential impacts are there on local government services?
(10) Is there available and adequate water service?
(11) Is there available and adequate sewer service?
(12) Will the PUD provide several of the community benefits listed below that
contribute to making the project a long-term asset for the community?
Potential Community Benefits Resulting from the PUD Project
(1) What will be the increase to the tax roll value of new real property?
(2) How many FTE jobs will be created as a result of the project? Will the project
result in job creation of positions that pay at least a living wage?
(3) Will the project result in job creation of which at least 51% will be held by
persons earning 80% or less of Area Median Income?
(4) Will the applicant provide affordable housing at rents that do not exceed Fair
Market Rents occupied by households earning no more than 80% of Area
Median Income, adjusted for family size (must determine duration)?
(5) Will the project fill vacant store fronts?
(6) Will the project involve environmental remediation?
(7) Is the project a historic preservation project (in accordance with the Secretary
of Interior's standards)?
(8) Will the project be assisting/contracting/renting to MWBEs?
(9) Will the project provide free (reduced cost) community space in the project (for
example to a 501c3 non-profit)?
(10) Will the project produce large-scale alternative energy, local energy or
combined heat/power that results in a significant reduction in greenhouse gas
emission?
(11) Will the project result in high tech job creation?
(12) Does the project contain the redevelopment of a Brownfield site?
(13) Will this project provide any other community wide benefits?
Immaculate Conception School Redevelopment
Planned Unit Development Application Narrative
Ithaca Neighborhood Housing Services
3/14/19
Project Narrative and Summary of Community Benefits
Ithaca Neighborhood Housing Services’ vision for the redevelopment of this unique property is to create
a vibrant mixed-use community, specifically designed to address high-priority local needs. Toward that
end, we are now in the process of engaging neighbors, potential partners, and other stakeholders,
through a series of public meetings, to determine the appropriate final configuration of the project. We
are beginning the PUD process concurrent with this public outreach because of the deadlines imposed
by our funding sources for the receipt of local land use approvals. For this reason, our application
describes a range, albeit a fairly narrow one, of likely project configurations. We will keep the City
apprised as this range of options narrows until ultimately the final details of the project are determined.
The over-arching goal of INHS’ redevelopment of the Immaculate Conception School site is to provide
both rental and for-sale housing that is affordable at a range of household incomes (from less than 30%
AMI up to 90% AMI for the rental units and 80% AMI or below for the for-sale units) and that is suitable
for a range of household sizes (from single people to large families). The project will also provide space
for an as-yet undetermined number of non-profit organizations that serve the local community, and will
transfer the existing gymnasium to GIAC. The project team is committed to accomplishing these goals
within a physical form that is compatible with the character of the neighborhood, respectful of
neighboring land uses, and responsive to community input.
As of the date of submission of this application we have held one community meeting to receive
feedback on our initial design. Our second meeting is scheduled for March 28, at which time we will
present our responses to the comment received at the first meeting, and begin to delve more deeply
into the aesthetics of the new design. Based on what we’ve heard so far and on the financial modeling
done to date, our proposed redevelopment of the site will include the following specific elements:
• Retention of the 1948 wing of the existing school building
• Demolition and replacement of the c. 1920s wing of the school with a new four-story wing
connecting to the 1948 wing to form an “L”
• Retention and rehabilitation of the Catholic Charities Building for their continued use
• Detachment of the gymnasium wing, subdivision to create a separate legal lot, and sale of that
gymnasium parcel to the City for GIAC’s use
• Construction of an as-yet undetermined number of rental row houses facing W. Buffalo Street
between Catholic Charities and N. Plain Street
• Demolition of the existing building at 309 N. Plain Street and construction in that location of a
group of rental row houses
• Construction of a group of four for-sale row houses facing N. Plain Street at W. Court Street
There are two possible approaches under consideration at this time for the house at 330 W. Buffalo:
retention and conversion into two rental units, or demolition to allow the construction of an additional
group of row houses facing W. Buffalo. Please note that the attached site plans reflect demolition of
this house in order to show the maximum density at this corner that we may propose.
Also still undetermined is the amount of non-residential space that will be included within the existing
school building. Our application describes the two most likely scenarios: allocation of the ground floor
only of the 1948 wing for non-profit use, or allocation of that ground floor plus approximately half the
first floor of that wing for non-profit use. The attached site plans reflect both of these possible options.
We are in discussions with a group of potential users for this space (and they are in various stages of
discussion with their boards), each of which have distinctly different space needs. All are community-
based non-profit service organizations.
PUD Approval Considerations
1. Please demonstrate why this project can’t move forward under existing zoning. Why should a
PUD be a desirable way to regulate development on this site?
The City determined that it was appropriate to include this site in the 2018 expansion of the
PUDOD, presumably due to the non-conforming nature of the existing structures and potential
for redevelopment of the site to appropriately address significant local needs. Current zoning is
R2b, which would limit development to single family homes and duplexes with a maximum
height of 35 feet.
2. Will the project provide for public access pedestrian linkages (active recreation)?
The site is entirely surrounded by public sidewalks and is located immediately across the street
from the new park at Markles Flats and adjacent Alex Haley Pool.
3. What are the heights of buildings in this project? How do building masses and locations
compare to each other and to other structures in the vicinity?
The two-story row houses that front on W. Buffalo and N. Plain Streets will have gabled roof
forms and will be approximately 25’ in height. They will face existing neighborhood buildings
that range in size from 1.5 to 3 stories in height and generally have gabled roofs (a handful have
flat roofs). Most houses in the neighborhood are single-family forms (though many now include
more than one residential unit). Row houses are rare in Ithaca, but one of the very few that
does exist is located in this neighborhood: diagonally across from GIAC on the corner of N.
Albany and W. Court Streets.
The existing two-and-one-half-story wing of the school will be retained and our current plan is
to add a new two-story “end cap” that will bring the building setback on N. Plain Street more in
line with the shallower setbacks that predominate in the neighborhood.
The new wing of the multi-family building will be four stories and approximately 55 feet in
height. This tallest portion of the project is located immediately adjacent to Beverly J. Martin
Elementary School, which, though only three stories in height, is 52’ feet tall at the peak of its
parapet. The new wing will step down to a height of three stories (approx. 33 feet) as it nears
W. Buffalo Street, with an “end cap” that echoes the planned addition to the existing wing on N.
Plain Street. The adjacency of BJM, the perpendicular orientation of this wing to Buffalo Street,
and the reduction in the height of this wing as it nears Buffalo Street, allow us to provide greater
residential density on the interior of this half-block lot without overwhelming the surrounding
neighborhood with a structure that is out of scale.
4. Are there available and adequate transportation systems within the PUD for pedestrians,
bicycles, and motor vehicles, including transit? What is the impact on the external
transportation network?
The site is located in a highly walkable and bikeable neighborhood (Walk Score: 92; Bike Score:
87). It is completely surrounded by public sidewalks and the development itself will provide
internal circulation connecting to this public network. The site is bounded on one side by a bike
boulevard. Covered bicycle storage will be provided as part of the new development. Multiple
public transit stops are located within easy walking distance: on W. Seneca, S. Albany, and W.
State Streets. The development will incorporate surface parking for both residents and non-
profits organizations who have space in the building. INHS has analyzed the number of private
vehicles our residents typically own based on the number, size, and income levels of the units in
the development and the location of the development within the community. An analysis of the
proposed project using this parking calculator identifies the need for approximately 27-30
parking spaces for residents. The development is currently showing 55 parking spaces, leaving
approximately 25 spaces for our non-profit partners. We do not anticipate any significant
impact on the external transportation network; however, we will be conducting a traffic study as
part of our Site Plan Review process and will respond to any negative impacts that may be
identified.
5. What is the character of the neighborhood in which the PUD is being proposed? Are there
safeguards provided to minimize possible detrimental effects of the proposed use on adjacent
properties and the neighborhood in general?
The neighborhood is composed primarily of for-sale and rental residences in single- and multi-
family homes, and educational and recreational uses, with some neighborhood commercial and
non-profit office space. The project will not introduce any new uses into the neighborhood, but
will introduce a multi-family apartment building, something that does not currently exist at the
proposed scale. Because the project site covers the entire half block, the visual impact of this
new building type can be minimized by stepping the new building back from the street and
locating it adjacent to the BJM School building, using infill row houses at the site perimeter to
preserve the residential scale that is common throughout the neighborhood. In taking this
approach, INHS is intentionally limiting not only the visual impact of the project but the number
of new residents who will be added to the neighborhood. We believe that 70-80 new units on a
half-block site is an appropriate density level, given the sites location on the edge of the
downtown core.
6. How do the proposed open space and recreational systems function within the PUD and in
relation to the City’s overall open space and recreational systems?
A review of historic Sanborn maps shows that the project as proposed will restore the rhythm of
the streetscape that was lost when existing buildings that previously fronted on W. Buffalo, N.
Plain, and W. Court Streets were demolished over the years as the school campus grew. This
small-scale residential development at the perimeter of the lot will preserve traditional front
and rear yards around each building. The multi-family building will extend the existing footprint
of the school marginally, bringing the ends of the building closer to the typical front yard setback
found throughout the neighborhood. Most existing green space on the site will be retained, and
new green space will be added around the for-sale townhomes that will replace the parking lot
on the corner of N. Plain and W. Court Streets. A small playground for young children will be
located onsite. The project is surrounded by recreational opportunities in the form of the park
at Markles Flats, the Alex Haley Pool, GIAC, and the playground at BJM (which is available for
public use when school is not in session).
7. What is the general ability of the land to support the development, including such factors as
slope, depth to bedrock, depth to water table, and soil type?
The site is level. Depth of bedrock and depth to water table are unknown at this time; however,
the presence of BJM and GIAC immediately adjacent, as well as the presence of the existing
school building, indicate that the soil is suitable to support a building of a similar type and size.
8. What potential impacts are there on local government services?
The addition of 70-80 units of new housing is not expected to impact local government services
in any significant way.
9. Is there available and adequate water service?
We have requested a water availability letter from Erik Whitney and have not yet received a
response; however, we do anticipate there will be sufficient water service available based in
part on the fact that the system had sufficient capacity for the school use.
10. Is there available and adequate sewer service?
Again, we have requested a sewer capacity letter from Erik Whitney and have not yet received a
response, but we anticipate there will be sufficient capacity based in part on the fact that the
system had sufficient capacity for the school.
11. Will the PUD provide several of the community benefits listed below that contribute to making
the project a long-term asset for the community?
Yes. Please see below.
Potential Community Benefits Resulting from the PUD Project
1. What will be the increase to the tax roll value of the new real property?
The property is currently wholly exempt. Upon completion, we are projecting the project will
pay approximately $45,000 annually in property taxes via a PILOT. We intend to submit a
request for a PILOT similar to the one approved by the City for the recent INHS Rental
Preservation project, providing for a payment of 12% of Net Operating Income annually.
2. How many FTE jobs will be created as a result of the project? Will the project result in job
creation of positions that pay at least a living wage?
We are projecting 1.5 FTE jobs created on INHS’ staff as a result of the project. Those will be
living wage positions. It is also possible there could be new jobs created by the non-profit
organizations that occupy the space, but at this time that is unknown.
3. Will the project result in job creation of which at least 51% will be held by persons earning 80%
or less of Area Median Income?
Potentially.
4. Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents
occupied by households earning no more than 80% of Area Median Income, adjusted for family
size?
Yes. This is the overarching purpose of the project.
5. Will the project fill vacant store fronts?
No, though it will remove a vacant school building.
6. Will the project involve environmental remediation?
Yes. Asbestos and lead-based paint remediation will be required, and it is possible there may be
some limited soils remediation as well.
7. Is the project a historic preservation project (in accordance with the Secretary of Interior’s
Standards)?
No, there are no designated historic resources present.
8. Will the project be assisting/contracting/renting to MWBEs?
Yes. We will be required to award at least 30% of the value of our State Housing Trust Fund loan
to Certified MWBE contractors, subs, or suppliers.
9. Will the project provide free (reduced cost) community space in the project (for example to a
501c3)?
Yes. The non-profit spaces in the project will be leased at a reduced cost.
10. Will the project produce large-scale alternative energy, local energy, or combined heat/power
that results in a significant reduction in greenhouse gas emissions?
No.
11. Will the project result in high tech job creation?
No.
12. Does the project contain the redevelopment of a Brownfield site?
No.
13. Will this project provide any other community-wide benefits?
The project will adaptively re-use a largely vacant, centrally located site, supporting the City’s
Comprehensive Plan goal of increasing residential density through appropriate infill
development on underutilized parcels.
289862 4850-1145-3829 v1
EXHIBIT A
Legal Description
Property Address: 320 West Buffalo Street, Ithaca, New York
Tax Account Number: 60.-2-5
ALL THAT TRACT OR PARCEL OF LAND situate in The Village of Ithaca/County of
Tompkins and State of New York and being a part of Block Number One Hundred and Seven in
said Village, bounded and described as following: Beginning in the North Line of Buffalo Street
in said Village of Ithaca at a point One Hundred and Thirty Two (132) feet East of the East Line
of Plain Street in said Village and running therein North about one hundred and thirty two (132)
feet; Thence West Sixty Six (66) feet; thence North Sixty Six (66) feet; Thence East Sixty Six
(66) feet; Thence South Sixty Six (66) feet; Thence East One Hundred and Thirty Two (132)
feet; Thence South two hundred and sixty four (264) feet to the South Line of Buffalo Street; and
thence West along the said South line of said Buffalo Street One Hundred and Thirty Two (132)
feet to the place of the beginning; together with the right of way from the above described
premises to said Plain Street in said Village of Ithaca.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City
of Ithaca, County of Tompkins and State of New York, bounded and described as follows:
Commencing at the intersection of Plain and Court Streets in said City of Ithaca; running thence
east along the south side of Court Street 41 feet; thence south 88 feet; thence west 41 feet to
Plain Street; thence north along the east line of Plain Street 88 feet to Court Street, the place of
beginning. Being part of lot 179 on Block 107 as laid down on a map of the City of Ithaca.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND, situate in the City
of Ithaca, Tompkins County, and State of New York, bounded and described as follows:
COMMENCING at a point in the southerly line of Court Street forty-one feet (41´) easterly
therefrom measured at right angles, a distance of eighty-eight feet (88´) to the southerly line of
Court Street; thence west along the southerly line of Court Street a distance of forty-one feet
(41´) to the place of beginning. TOGETHER WITH a right of way over the westerly portion of
the premises adjoining the conveyed premises on the east, and SUBJECT TO a right of way for
the benefit of the owner of the premises adjoining the conveyed premises on the east over the
easterly portion of the conveyed premises. The right of way above referred to constitute a joint
driveway, of sufficient width for the passage of vehicles and automobiles, between the conveyed
premises and the premises on the east, the CENTER LINE of which is the easterly boundary of
the conveyed premises. For a more particular description of said rights of way reference is made
to a deed from the parties of the first part to Glovacchino Guidi and wife, dated March 20, 1929
and recorded in the Tompkins County Clerk’s Office in Liber 217 of Deeds at page 295.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, County of Tompkins and State of New York bounded and described as follows:
Being part of Lots 179 and 180 on Block 107 as described on a map of the Village of Ithaca
made by A. St. John R. V. DeWitt and W. A. Woodward, December 29, 1835 and bounded and
described as follows: Beginning in the south line of West Court Street (formerly known as West
289862 4850-1145-3829 v1
Mill Street) 176 feet east of its intersection with the east line of North Plain Street; running
thence south 132 feet to the north line of Lot 181; thence east 44 feet; thence north 132 feet;
thence west along the south line of West Court Street 44 feet to the point or place of beginning.
ALSO CONTAINING ALL THAT PIECE OR PARCEL OF LAND situate in the
City of Ithaca, County of Tompkins, and State of New York, bounded and described as follows:
Commencing at a point in the southerly line of West Court Street 264.5 feet west of its
intersection with the west line of North Albany Street; running thence south along the west line
of other premises of the party of the first part 132 feet; thence west parallel with the south line of
West Court Street 44 feet; thence north along the east line of the premises conveyed to the
grantee herein by Ralph Succucci and wife recorded in Liber 260 of Deeds at page 118, 132 feet
to the South line of West Court Street; thence east along the south line of West Court Street 44
feet to the place of beginning.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, Tompkins County, New York, being the southwest part of Lot No. 180 on block
107 bounded and described as follows: BEGINNING in the east line of North Plain Street 33 feet
south from the intersection of said line with the south line of West Court Street; thence east 132
feet to the west line of the premises known as 323 West Court Street; thence south 44 feet along
said west line to the north line of the premises known as 317 North Plain Street; thence west 132
feet along said north line to the east line of North Plain Street; thence north 44 feet along said
east line to the place of beginning.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, County of Tompkins and State of New York, bounded and described as follows:
Commencing in the northwest corner of said Lot No. 181, running thence east along the south
line of Lot 180, 132 feet; thence south 66 feet to the north line of Lot 182; thence west on the
north line of said lot 182, 132 feet to Plain Street; thence north on Plain Street 66 feet to the
place of beginning. Together with the right of way over a lane taken off from the north side of
Lot No. 182.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, County of Tompkins and State of New York, being part of Lot No. 182 in said
City of Ithaca, as laid out by Simon DeWitt, beginning in the east line of North Plain Street on
the northwest corner of said Lot No. 182; thence east 66 feet; thence south 45 feet; thence west
66 feet to the east line of North Plain Street; thence north along said east line to the point or place
of beginning. Excepting a strip of land 12 feet wide on the north side of said premises. Also
excepting a small piece of land conveyed to Immaculate Conception Church, of Ithaca, New
York by deed dated February 8, 1956 and recorded in the Tompkins County Clerk’s Office in
Liber 385 of Deeds at Page 212.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, County of Tompkins and State of New York, known and distinguished as parts
of Lots 183 and 184 on Block and bounded as follows: Beginning in the north line of West
Buffalo Street 66 feet east from its intersection with the east line of North Plain Street; thence
running north 132 feet or more; thence east 66 feet and south 132 feet or more, along a south and
289862 4850-1145-3829 v1
west lines of lands of the Immaculate Conception Church of Ithaca; thence west along the north
line of Buffalo Street 66 feet to the point of place of beginning.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, Tompkins County, New York, bounded and described as follows: Beginning at a
point in the south line of Court Street (formerly Hill Street) 132 feet east of its intersection with
the east line of Plain Street; running thence south 128 feet 6 inches; thence east 44 feet; thence
north 128 feet 6 inches to the south line of Court Street; thence west on the said south line of
Court Street 44 feet to the place of beginning; being a part of lots No. 179 and No. 180 on Block
No. 107 as described on a map of the Village of Ithaca made by A. St. John, R.P DeWitt and
W.A. Woodward dated December 29th, 1835.
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the
City of Ithaca, County of Tompkins and State of New York and being more particularly
bounded and described as follows: Beginning at the northeast corner of the premises of the party
of the first part at #311 North Plain Street in the City of Ithaca, as described in the deed to said
party of the first part dated May 19, 1917 and recorded in the Tompkins County Clerk's Office in
Liber 188 of Deeds at page 427, said corner being 66 feet east from the east line of North Plain
Street; running thence west about 10 feet to the west face of the concrete foundation wall of a
new building now under construction by the party of the second part; thence south about 5 inches
to the southwest corner of said foundation wall; thence east about 10 feet along the south face of
said concrete foundation wall and extending thereof to the east boundary of the premises of the
party of the first part; thence north about 5 inches to the place of beginning. It is understood that
the above strip of land is a portion of the right-of-way easement now owned by the party of the
second part and that the purpose of this conveyance in fee is to permit the construction of a
building encroaching about five inches into said right-of-way for the easterly ten foot thereof.
Property Address: 330 West Buffalo Street, Ithaca, New York
Tax Account Number: 60.-2-11
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of
Tompkins, State of New York, bounded and described as follows: BEGINNING at the
intersection of the northerly line of North Plain Street; thence northerly 110 feet along the
easterly line of North Plain Street; thence easterly 66 feet along the easterly line of West Buffalo
Street; thence southerly 110 feet parallel to the easterly line of North Plain Street to the northerly
line of West Buffalo Street to the point of place of beginning
ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND, situate in the City
of Ithaca, County of Tompkins and State of New York, more particularly bounded and described
as follows: Beginning at the intersection of the northerly line of West Buffalo Street with the
easterly line of North Plain Street; running thence northerly one hundred ten (110) feet along the
easterly line of North Plain Street; running thence easterly sixty-six (66) feet parallel to the
northerly line of West Buffalo Street; running thence southerly one hundred ten (110) feet
parallel to the easterly line of North Plain Street to the northerly line of West Buffalo Street;
running thence westerly sixty-six (66) feet along the northerly line of West Buffalo Street to the
289862 4850-1145-3829 v1
point or place of beginning.
Property Address: 309 North Plain Street, Ithaca, New York
Tax Account Number: 60.-2-12
ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of
Tompkins and State of New York, being parts of Lots 182 and 183 as shown and laid down on a
map of the Village of Ithaca, bounded and described as follows: BEGINNING at a point in the
east line of North Plain Street 110 feet, north 0° west, from the intersection of said east line with
the north line of West Buffalo Street; thence north 0° west, along the east line of North Plain
Street, 43 feet to a point; thence north 90° east, 66 feet to a point; thence south 0° east, 13 feet to
a point; thence south 90° west, 66 feet to the point or place of beginning.
Back-Up Item 9.1
10.9 Request for Authorization to Apply for New York State Consolidated
Funding Application Grants for the City Harbor Promenade Project - Resolution
WHEREAS, the City of Ithaca Planning & Economic Development Division in
partnership with City Harbor LLC would like to apply for a Local Waterfront
Revitalization Program (LWRP) grant through the New York Department of State (DOS)
and the 2019 New York State Consolidated Funding Application (CFA) for the City
Harbor Promenade Project on behalf of the City of Ithaca; and
WHEREAS, City Harbor LLC has been developing plans to redevelop the former
Johnson Boatyard site at 101 Pier Road into a waterfront neighborhood to include
apartments, restaurant space, a medical office building for Guthrie Clinic, enhanced
boating and marina functions, and a public promenade along Cascadilla Creek; and
WHEREAS, the Ithaca waterfront is widely recognized as a valuable public asset, but
currently there is insufficient public access to Cayuga Lake and the Inlet; and
WHEREAS, this project will increase public access to the waterfront by creating a public
promenade along Cascadilla Creek which will connect to the Cayuga Waterfront Trail,
along with nine boating slips dedicated for public use and a public paddle craft launch;
and
WHEREAS, City Harbor LLC is pledging an easement to the City of Ithaca which will
guarantee public access to the waterfront along the promenade; and
WHEREAS, City Harbor LLC is pledging 100% of the required local matching funds
towards the public amenities to be supported through these grants, requiring no
investment of City funds to create these new public facilities; and
WHEREAS, the grant funds would enable the City to partner with City Harbor LLC to
increase access to the waterfront for all members of the public, which is a goal of the
City’s Comprehensive Plan, Plan Ithaca; and
WHEREAS, The City of Ithaca is one author of the locally-adopted Local Waterfront
Revitalization Plan (LWRP) known as the Cayuga Lake Waterfront Plan; and
WHEREAS, the Cayuga Lake Waterfront Plan meets the definition of a substantially
complete LWRP through the NY State Department of State; and
WHEREAS, the proposed activities implement a priority of the LWRP, are located within
the Waterfront Area (WRA) boundaries, and are therefore eligible for funding under the
Department of State’s programming; and
WHEREAS, the City applied for LWRP funding for this project in 2018 and received a
small Canal Corp. grant for several elements of the project, but was not awarded LWRP
funds, but did receive feedback from DOS that will lead to an improved revised LWRP
application in 2019; now, therefore be it
RESOLVED, That the Director of the Planning, Building, Zoning and Economic
Development Department is hereby authorized to file an application for funds in an
amount not to exceed $900,000 through the LWRP Program from the New York State
CFA, and upon approval of said request the Mayor, upon the advice of the City
Attorney, is hereby authorized to enter into and execute a project agreement with the
State for such financial assistance to the City of Ithaca for the City Harbor Promenade
Project; and, be it further
RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms
and conditions of Master Contracts with the appropriate State agencies for such City
Harbor Promenade Project.
MEMORANDUM
TO: Planning & Economic Development Committee
CC: JoAnn Cornish, Tim Logue, Mike Thorne, Lincoln Morse
FROM: Tom Knipe, Deputy Director for Economic Development
DATE: June 6, 2019
RE: Grant Application Authorization for the City Harbor Promenade Project
Please find attached a resolution seeking Common Council authorization to apply for a 2019
Consolidated Funding Application (CFA) grant in an amount not to exceed $900,000 through the
Local Waterfront Revitalization Program for the City Harbor Promenade Project. The project is a
proposed public-private partnership between the City of Ithaca and City Harbor LLC to enhance
waterfront access along Cascadilla Creek and the Cayuga Inlet. Pertinent information related to
the resolution is as follows:
Background
City Harbor is in the midst of a redevelopment project to transform the former Johnson Boatyard
site at 101 Pier Road into a "waterfront neighborhood." The plans include apartments, restaurant
space on the point across Cascadilla Creek from the Farmers Market, and a medical office
building for Guthrie Clinic. The site along the Inlet and Cascadilla Creek will provide a pleasant
walking area for public visiting the area, boat slips and paddle craft access, and broadened
marina functions.
The 2019 round of economic development grants through the New York State Consolidated
Funding Application (CFA) affords opportunities to further projects on Ithaca's waterfront that
expand public access to the waterfront. We are seeking Common Council approval to submit an
application to the LWRP Grant Program.
Dept. of State Local Waterfront Revitalization Program (LWRP)
Goal: To revitalize communities and waterfronts through planning, design, and construction
projects, with design and construction tied to prior planning.
The City Harbor Promenade Project is consistent with initiatives stated in the 2004 Cayuga
Lake Waterfront Plan, most specifically: a) “to increase public access to the waterfront
through trail development and enhancing waterfront parks” and b) “to stimulate water-
dependent and water-enhanced development in the City of Ithaca."
The City will seek up to $900,000 through LWRP to support developing the promenade and
related amenities for visitors along the waterfront, providing true public access to Cayuga
CITY OF ITHACA
108 E. Green St. — Third Floor Ithaca, NY 14850-5690
JoAnn Cornish, Director
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565
E-Mail: dgrunder@cityofithaca.org
Lake and enjoyment of a newly-available area that connects easily with existing attractions,
such as the Ithaca Farmer’s Market and Cayuga Waterfront Trail.
Currently, there is insufficient public access to Cayuga Lake and the Inlet. In addition to the
public promenade running the length of the water on the property, the City Harbor Marina
will create approximately nine dedicated boat slips for public use and an area where small
paddling craft can access the Inlet and creek.
The City will partner with City Harbor LLC, the private developer, and owner of the parcel.
As partners in the grant funded components of the project, City Harbor is pledging all of the
required matching funds. No funds will be required from the City to match NY State
investment.
In addition, if successful with this grant application, City Harbor will provide an easement to
the City of Ithaca that will guarantee permanent public access to the waterfront along the
promenade. Coordination with the City through site plan review and through negotiation of
the easement, along with the fact that the grant funds will be managed by the City, will
ensure that the specific plans for the promenade and related public improvements will meet
the City’s expectations for public benefit.
The City applied for, but was not awarded, LWRP funds for this same project in 2018.
Feedback from the Department of State has helped improve this year’s application, hopefully
leading to a higher likelihood of success.
Budget Implications
No City matching funds are required. If successful in receiving the grants, the City will manage
the funds and be responsible for overseeing the project.
Contact
Tom Knipe, Deputy Director for Economic Development, tknipe@cityofithaca.org
Lincoln Morse, Project Manager, City Harbor LLC, lincmorse@gmail.com
10.10 A Resolution in Support of Evaluating the Feasibility of Establishing a Joint
City and County Public Safety Facility
WHEREAS, Tompkins County Administration and the Tompkins County Sheriff are
evaluating the need for renovation or replacement of the Public Safety building located
on Warren Road in the Town of Lansing; and
WHEREAS, the City of Ithaca is evaluating the need for replacement of the current
Police Station located on East Clinton Street in the City of Ithaca; and
WHEREAS, Governor Cuomo has consistently stated support for the concept of
municipal shared services in order to reduce cost and increase the efficiency of the
provision of governmental services to the public; and
WHEREAS, a report prepared by the TCCOG Municipal Shared Services Taskforce in
2017 recommended the consideration of shared police services, including the use of
shared space by the various police agencies operating in Tompkins County; and
WHEREAS, the police agencies have already demonstrated the benefits that arise from
cooperation and the use of shared resources, through establishing a joint SWAT team,
the Crisis Incident Negotiation Team, cooperation on major investigations and cross-
agency drug cases, shared training programs, shared equipment usage, and other
activities to improve the overall public safety in our community through working
together; and
WHEREAS, in response to the recommendations in the Municipal Shared Services
Task Force Report, the City of Ithaca and Tompkins County have engaged in informal
conversations about the possibility of increasing the use of shared services, including
consideration of meeting the emerging facility needs of the City and County; and
WHEREAS, as a result of those discussions, the City and County (Resolution ID 8071
Appropriation from Contingent Fund and Authorization to Execute an Agreement for
Consulting for a Tompkins County and City of Ithaca Law Enforcement Co-Location
Study, dated September 20, 2018) agreed to engage a consultant to examine the
feasibility of a joint public safety facility to house the City Police Department and the
Sheriff Road Patrol and Civil Division, including development of programmatic space
needs and the examination of possible sites that would meet program requirements;
and
WHEREAS, having received a report and recommendations from their consultant,
Kingsbury Architecture, including the identification of possible sites, the City and County
desire to further develop whether a joint public safety facility would be a feasible and
cost effective solution to the needs of the County and the City; and
WHEREAS, the City and County wish to examine the feasibility of development of one
of the identified sites; now, therefore be it
RESOLVED, That in cooperation with the City of Ithaca, Tompkins County agrees to
funding a more detailed architectural and engineering study of a joint public safety
facility, on the property located at ____, being tax map parcel _____, with the County
and City providing equal shares in an amount to be determined from each party with the
goal of providing and determining the following information with the goal of providing the
County and City with the necessary basis to evaluate the costs and benefits associated
with such a joint public safety facility:
Preparation of preliminary sketches to fulfill program requirements;
Description of site environmental, elevation, floodplain, and soil conditions;
Estimates of square footage and a proposed building layout;
Details of shared County/City facilities and functions;
Plotting of facilities onto the recommended site, including the adaptive
reuse of the existing structure located thereon;
Estimates of cost; and
Estimates of construction timeline,
; and, be it further
RESOLVED, That in cooperation with the City of Ithaca, Tompkins County agrees to
funding an operational study of a joint public safety facility, with the County and City
providing equal shares in an amount to be determined from each party, with the goal of
providing the County and City with a logistical analysis of the operational use of shared
facilities by the Sheriff and City Police agencies; and, be it further
RESOLVED, That City and County staff shall prepare Scopes of Work for the
architectural and engineering study and the operational study for further approval by
both the City and County; and, be it further
RESOLVED, That the County Administrator and the City Attorney are hereby directed to
develop the Request For Proposals for an architectural and engineering study, and an
operational study as described herein; and, be it further
RESOLVED, That the City and County shall make a joint approach to New York State
to request reimbursement of the amount committed through this resolution for
evaluation and planning consulting services; and, be it further
RESOLVED, That the City and County shall conduct a joint public information session
to describe the proposed project and to receive public input regarding the same.
10.11 Agreement between the City of Ithaca and the Town of Ithaca for Building
Permitting, Inspection, and Related Services for the Cornell University North
Campus Residential Expansion - Resolution
WHEREAS, Cornell University has proposed a development project on its campus,
entitled the North Campus Residential Expansion (hereafter, “NCRE”), that seeks to
construct five new undergraduate student residence halls and related facilities on tax
parcels 30.-1-1.2 (City) and 67.-1-1.1 (Town); and
WHEREAS, the NCRE proposal requires approval of both the City of Ithaca and the Town
of Ithaca; and
WHEREAS, two of the NCRE’s proposed residence halls are entirely within the
geographic bounds of the City, and the remaining three proposed residence halls are
within the geographic bounds of both Municipal Parties; and
WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G of
the General Municipal Law allows for two or more local governments to provide joint
administration and enforcement of the uniform code, the state energy conservation
construction code, or both, by agreement pursuant to article five-G of the general
municipal law; and
WHEREAS, although Cornell proposes to construct five separate residence halls, the City
and the Town agree that such proposal constitutes a single unified development project
that is best served by uniform building permitting, code inspection, and related services
for all five residence it halls and other structures and improvements on the NCRE project
site; now therefore be
RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized to
execute a Memorandum of Understanding with the Town of Ithaca substantially similar to
the Memorandum of Understanding included herewith.
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Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting,
Inspection, and Related Services for the Cornell University North Campus Residential
Expansion
This Agreement is effective as of ______________, 2019.
WHEREAS, Cornell University (hereafter, “Cornell”), c/o Real Estate Department, Box
DH-Real Estate, Ithaca, New York 14853, has proposed a real estate development project on its
campus, entitled the North Campus Residential Expansion (hereafter, “NCRE”), that seeks to
construct five new undergraduate student residence halls and related facilities on tax parcels 30.-
1-1.2 (City) and 67.-1-1.1 (Town); and
WHEREAS, the NCRE proposal requires approval of the City of Ithaca (hereafter, the
“City”), 108 E. Green Street, Ithaca, New York 14850, and the Town of Ithaca (hereafter, the
“Town” and, collectively with the City, the “Municipal Parties”), 215 N. Tioga Street, Ithaca,
New York 14850; and
WHEREAS, two of the NCRE’s proposed residence halls (Buildings 1 and 2 as shown on
the preliminary site plans approved by the City and Town on March 26, 2019 and April 2, 2019,
respectively) are entirely within the geographic bounds of the City, and the remaining three
proposed residence halls (Buildings 3, 4 and 5 on the approved preliminary site plans) are within
the geographic bounds of both Municipal Parties; and
WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G
of the General Municipal Law empower local governments in the State of New York to enter
into agreements amongst themselves for the provision of joint services, and Executive Law §
381(2) states “Two or more local governments may provide for joint administration and
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enforcement of the uniform code, the state energy conservation construction code, or both, by
agreement pursuant to article five-G of the general municipal law”; and
WHEREAS, although Cornell proposes to construct five separate residence halls, the City
and the Town agree that such proposal constitutes a single unified development project that is
best served by uniform building permitting, code inspection, and related services for all five
residence halls and other structures and improvements on the NCRE project site (the “Site”);
NOW THEREFORE, in consideration of the mutual covenants and consideration contained
herein, the Municipal Parties agree and contract as follows:
1. All portions of the Site within the geographic boundaries of the City (as shown on
the final site plans approved by the City and Town) are subject to the City’s zoning ordinance,
City Code Chapter 325, the City’s site plan review requirements, City Code Chapter 276, and all
other City Code requirements.
2.) All portions of the Site within the geographic boundaries of the Town (as shown
on the final site plans approved by the City and Town) are subject to Town Code requirements,
except City Code Chapter 146 (Building Code Enforcement) and Chapter 181 (Fire Prevention)
shall apply instead of Town Code Chapter 125 (Building Construction and Fire Prevention) and
Town Code § 270-233.A (permit to build). Town Code requirements that apply within the
Town’s geographic boundaries include, but are not limited to, Town Code Chapter 270 (Zoning)
(except for § 270-233.A (Permit to build)), Chapter 173 (Outdoor Lighting), Chapter 228
(Stormwater Management and Erosion and Sediment Control), sewer requirements in Town
Code Chapters 210 and 214-217, and water requirements in Town Code Chapters 256 and 261.
The applicable Town Code requirements are collectively referred to as “Applicable Town Code
Requirements Except for fees and charges associated with building permits, certificates of
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occupancy/compliance, and inspections described in Sections 7 and 9 below, each Municipal
Party shall apply, collect and keep all other typically assessed charges or fees associated with all
buildings, structures and improvements on the Site within its jurisdiction (such as zoning, special
permit, site plan, variance and utility fees and charges).
3.) The City shall consult with building permit applicants, process all initial and
future building applications, and issue all initial and future building permits as required by Part
1203 of Title 19 of the New York Codes, Rules and Regulations (NYCRR) and as specified in
Section 6 below, for all buildings, structures, and improvements located on the Site requiring
such permits regardless of geographic location, including all future proposed buildings,
structures, and improvements. All references in this agreement to buildings, structures and/or
improvements shall include any alterations or repairs made to them.
4.) The City shall issue no building permit under this agreement for any building,
structure, or improvement requiring a building permit that is wholly or partially within the Town
unless and until the Town sends the City a “zoning only permit” from the Town Director of Code
Enforcement or its designee stating (i) Cornell has satisfied all applicable pre-construction
special permit and site plan review requirements and conditions for such building, structure, or
improvement (or portion thereof) within the Town and (ii) such building, structure, or
improvement (or portion thereof) within the Town requiring a building permit complies with, or
has received all necessary variances from, the Town’s zoning chapter, and complies with all
other Applicable Town Code Requirements.
5.) The City shall, regardless of location, issue building permits under this agreement
in accordance with City Code Chapter 146 (Building Code Enforcement) and City Code Chapter
181 (Fire Prevention), and with all State laws, rules, and regulations as are ordinarily applied by
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the City for such buildings, structures, or other improvements. This includes, but is not limited
to, the New York State Uniform Fire Prevention and Building Code, and the New York State
Multiple Residence Law. For those portions of buildings, structures and improvements located
within the City of Ithaca, the City will also apply its other local laws, rules, and regulations as
are ordinarily applied by the City, including City Code Chapter 210 (Housing Standards).
6.) The City shall collect and keep all building permit fees for building permits it
issues under this agreement, regardless of location, as are ordinarily assessed under City Code
Chapter 146, or any other City Code or practice, for such buildings, structures, or other
improvements.
7.) The City shall, regardless of location, issue all initial and future certificates of
occupancy/compliance and conduct all code inspections, operating permit inspections and fire
and electrical inspections for any building, structure, or improvement within the Site as required
by 19 NYCRR Part 1203. The City shall issue no certificate of occupancy/compliance under this
agreement for any building, structure, or improvement requiring such a certificate that is wholly
or partially within the Town unless and until the Town sends the City a letter from the Town
Director of Code Enforcement (or its designee) stating Cornell has satisfied all applicable pre-
certificate special permit, site plan and variance conditions for such building, structure, or
improvement (or portion thereof) within the Town. In issuing such certificates and conducting
such inspections, the City shall apply City Code Chapter 146 (Building Code Enforcement) and
City Code Chapter 181 (Fire Prevention), as well as all State laws, rules, and regulations as are
typically applied by the City for such buildings, structures, or improvements within the City,
including, but are not limited to, the New York State Uniform Fire Prevention and Building
Code and the New York State Multiple Residence Law. For those buildings, structures and
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improvements (or portions thereof) located within the City of Ithaca, the City will also apply its
other local laws, rules, and regulations as are ordinarily applied by the City, including City Code
Chapter 210 (Housing Standards).
8.) The City shall collect and keep all charges and fees for certificates of
occupancy/compliance and inspections conducted under this agreement, regardless of location,
as are ordinarily assessed under City Code Chapter 146 (Building Code Enforcement), Chapter
181 (Fire Prevention), or any other City Code chapter or practice, for such buildings, structures,
or other improvements.
9.) Employees and officers of the City are authorized to, and shall, process,
investigate and respond to all code violations and complaints, and issue any orders regarding the
enforcement of the State and local laws, rules, and regulations described in the previous
paragraphs of this agreement in relation to the Site regardless of location of the underlying
building, structure, or improvement. The City further shall maintain records of all inspections
and applications pertaining to the buildings, structures, or improvements located within the Town
of Ithaca portion of the Site, make such records available to the Town upon reasonable advance
notice, shall respond to inquiries from the Town about such records or the City’s services within
the Town and provide annual reports as may be reasonably requested by the Town.
10.) The City shall bring any necessary enforcement proceeding for violations of the
State and local laws, rules, and regulations (including Applicable Town Code Requirements)
described in the previous paragraphs of this agreement in relation to the Site, regardless of
location of the underlying building, structure, improvement, use or activity for which
proceedings are commenced. The City will pay for all enforcement costs, including witness and
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attorney time, and will keep all penalties and fines that may be assessed as a result of such
enforcement proceedings.
11.) Any authority heretofore conferred on the Town Code Enforcement Officers
pursuant to the Town Code or other applicable laws, rules or regulations is hereby conferred
upon the City Code Enforcement Officers and other City employees and officers to undertake the
City services within the Town described in this agreement.
12.) The City’s employees performing services under this agreement shall not be
considered Town employees for any purpose. The City and its employees shall have no claim
against the Town for any compensation, worker's compensation, vacation pay, sick leave,
retirement benefits, social security benefits, disability insurance benefits, unemployment
insurance benefits, or any other employee benefits, all of which shall be the City’s sole
responsibility. The Town will not withhold on behalf of the City any sums for income tax,
unemployment insurance, social security, or any other withholding.
13.) The Town shall not make any payments to the City for its services. The
Municipal Parties agree that the fees, charges, penalties and fines that the City will collect under
this agreement are adequate compensation to the City for its services.
14.) The City agrees to fully defend, indemnify and hold harmless the Town and its
officers, elected officials, Boards, employees, and agents from and against all claims, actions,
suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and
expenses (including without limitation reasonable attorney’s fees and costs) (collectively referred
to as “Claims”), whether or not involving a third party claim, which any or all of them may
incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to
any property, other damages, or contamination of or adverse effects on the environment, caused
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by the acts or omissions of the City or the City’s employees, agents or subcontractors, in
connection with the services it performs or is required to perform for the Town or on its own
behalf under this agreement. This duty for the City to defend, indemnify and hold harmless the
Town shall not extend to Claims described in paragraph 13 below.
15.) The Town agrees to fully defend, indemnify and hold harmless the City and its
officers, elected officials, Boards, employees, and agents from and against all claims, actions,
suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and
expenses (including without limitation reasonable attorney’s fees and costs), which any or all of
them may incur, resulting from bodily injuries (or death) to any person, damage (including loss
of use) to any property, other damages, or contamination of or adverse effects on the
environment, caused by the acts or omissions of the Town or the Town’s employees, agents or
subcontractors, to the extent they are based on the Town’s zoning, special permits, site plans, or
variances.
16.) Each Municipal Party hereby agrees to maintain at all times General Liability
insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property
damage, to list the other Municipal Party as an additional insured under said insurance policy,
and to provide written proof of such insurance from the insurer, at the time of execution of this
agreement, and as may be otherwise required by the other Municipal Party.
17.) This agreement shall be effective on the date it is fully executed by both
Municipal Parties and Cornell (which is signing to indicate that it has seen and approved the
agreement). This agreement shall remain in effect for five (5) years as written unless and until
terminated or modified upon the written agreement of both Municipal Parties. This agreement
shall renew automatically for successive five (5) year terms upon the same terms and conditions
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unless a Municipal Party gives written notice to the other Municipal Party at least one year prior
to the renewal date that the agreement will not renew. Either Municipal Party may terminate this
Agreement for convenience upon one year’s notice to the other Municipal Party.
18.) Any notices or other communications given under or in relation to this agreement
shall be deemed duly given if served personally or by commercial courier service upon the other
Municipal Party at the address set forth above, or if mailed by certified mail to the other
Municipal Party at the address set forth above, return receipt requested. All notices shall be
effective upon the date of receipt. Either Municipal Party may change the address to which
notices are sent by giving notice of such change in the manner set forth above to the other
Municipal Party.
19.) While not a party to this agreement, Cornell’s signature on this agreement
signifies that it has read and approves of its provisions.
20.) This writing constitutes the entire understanding and complete agreement of the
Municipal Parties.
21.) This agreement may be executed in multiple counterparts, all of which together
shall constitute the same instrument; and
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IN WITNESS WHEREOF, the City and Town, upon passage of proper resolutions of their
respective governing boards, authorize their respective Mayor and Supervisor to execute this
agreement.
SIGNED:
CITY OF ITHACA
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS: ss.:
On the day of in the year 2019, before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s)acted, executed the instrument.
TOWN OF ITHACA
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the day of in the year 2019, before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s)acted, executed the instrument.
Page 10 of 10
______________________________
Notary Public
SEEN AND APPROVED:
CORNELL UNIVERSITY
_____________________________
By:
STATE OF NEW YORK
COUNTY OF TOMPKINS : ss.:
On the day of in the year 2019, before me, the undersigned, personally
appeared , personally known to me or proved to me on the basis of satisfactory
evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by
his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s)acted, executed the instrument.
______________________________
Notary Public