HomeMy WebLinkAbout09-03-14 Common Council Meeting Agenda.1pdfOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, September 3,
2014, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green
Street, Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
Department of Public Information & Technology:
8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider
Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2014 Apple
Harvest Festival – Resolution
City Administration Committee:
8.2 Youth Bureau – Amendment to the 2014 Personnel Roster - Resolution
8.3 Department of Planning, Building, Zoning, and Economic Development - Request
to Amend Personnel Roster - Resolution
8.4 Ithaca Police Department – Request to Amend 2014 IPD Budget - Resolution
8.5 Ithaca Police Department – Request to Amend 2014 IPD Budget - Resolution
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Amend §325-45.2B, entitled “Definitions and Related
Standards”, of the Collegetown Area Form Districts
A. Declaration of Lead Agency - Resolution
B. Determination of Environmental Significance – Resolution
C. Adoption of Ordinance
9.2 Resolution to Select Artwork for a Mural Installation on the Entry Ramp to the
Upper Levels of the Green Street Parking Garage
9.3 Common Council Conditional Approval-UnChained Properties LLC, Application
for Planned Unit Development - Resolution
9.4 Programmatic Changes to Neighborhood Housing Initiative (NHI) Program –
Resolution
Common Council Meeting Agenda
September 3, 2014
Page 2
10. CITY ADMINISTRATION COMMITTEE:
10.1 Marriott Hotel, Authorize Disposition of City-Owned Property at 120 E. Green
Street - Resolution
10.2 An Ordinance to Approve the Sale of City-Owned Property and the Granting of
an Easement over City-Owned Property
A. Declaration of Lead Agency - Resolution
B. Determination of Environmental Significance - Resolution
C. Adoption of Ordinance
10.3 Time Warner Cable Northeast LLC. Conditional Consent to Transfer Control of -
Resolution
10.4 IPD – Request to Amend 2014 the Ithaca Police Department Authorized Budget
for Tactical Grant – Resolution
10.5 City Controller’s Report
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 August 6, 2014 Regular Common Council Meeting Minutes –
Resolution
19. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: August 28, 2014
8. CONSENT AGENDA ITEMS:
Department of Public Information & Technology:
8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider
Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2014 Apple Harvest
Festival – Resolution
WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer,
and hard cider tasting and sales as part of the 2014 Apple Harvest Festival; now,
therefore, be it
RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine,
beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths
during the Apple Harvest Festival on the Ithaca Commons, October 3-5, 2014, and, be it
further
RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply
with all applicable state and local laws and ordinances, and shall enter into an
agreement providing that it will hold the City harmless and indemnify the City on
account of any claims made as the result of the sale or tasting of wine and hard cider on
the Ithaca Commons, and, be it further
RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider
company shall agree to maintain liability insurance in the amount of $1,000,000.00 and
Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of
Ithaca as an additional insured, and shall provide evidence of such insurance to the City
Clerk prior to the event.
8. CONSENT AGENDA ITEMS CONTINUED:
City Administration Committee:
8.2 Youth Bureau – Amendment to the 2014 Personnel Roster – Resolution
WHEREAS, the Youth Program Assistant position was created in 2005 as a training
position to allow promising job recruits an opportunity to grow into a Youth Program
Leader position, and
WHEREAS, an employee has done an exemplary job as a Youth Program Assistant
and has successfully passed the promotional civil service exam, and
WHEREAS, the Youth Bureau would like to promote this employee to Youth Program
Leader, a position which better fits her job duties, and
WHEREAS, the Youth Bureau has an unfunded Youth Program Leader (35 hours per
week) on the roster, and
WHEREAS, this amendment requires no budget increase, now therefore be it
RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Personnel
Roster as follows:
Unfund: One (1) Youth Program Assistant (35 hours per week)
Add: One (1) Youth Program Leader (35 hours per week)
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: Karen Friedeborn, Youth Program Administrator
Liz Vance, Acting Director
RE: Youth Bureau Roster Amendment
DATE: August 1, 2014
An employee in the Youth Employment Service currently working as a Youth Program
Assistrant has successfully passed the promotional civil service exam for Youth Program Leader,
a position that is most appropriate for her current job duties.
We are requesting permission to make the following amendments to the 2014 Youth Bureau
employee roster effective September 4th, 2014:
Remove funds from the 35 hours per week Youth Employment Service Program Youth
Program Assistant position; fund the 35 hours per week Youth Program Leader unfunded
position that is on the roster. The increased cost of $1,887 will be absorbed within the
existing budget, so no budget increase is requested.
We have worked with the HR Department in developing these proposed roster changes.
“An Equal Opportunity Employer with a commitment to workforce diversification.”
8.3 Department of Planning, Building, Zoning, and Economic Development -
Request to Amend Personnel Roster – Resolution
WHEREAS, the Historic Preservation and Neighborhood Planner position in the City’s
Planning Division has been vacant since June of 2014, and
WHEREAS, the position requires a unique combination of skills and knowledge not
commonly found in candidates, and
WHEREAS, in 2011, due to budget cuts, the position was reduced to 20 hours per week
making it even more difficult to fill, and
WHEREAS, with the reduction in hours, the neighborhood planning responsibilities were
removed from the position so that its sole focus is now on historic preservation planning,
and
WHEREAS, with guidance from the City’s Human Resources Department, it was agreed
that the best plan of action would be to create a new position entitled Historic
Preservation Planner and,
WHEREAS, it was also agreed that the position of Historic Preservation and
Neighborhood Planner should be preserved for future use should the position ever be
restored to full-time and neighborhood planning duties reinstated, and
WHEREAS, the new position is scheduled for adoption at the September 3, 2014, Civil
Service Commission meeting; now, therefore, be it
RESOLVED, That the Personnel Roster for the Department of Planning, Building,
Zoning, and Economic Development is amended as follows:
Add: One (1) Historic Preservation Planner, Grade 15, at twenty (20)
Hours per week
Delete: One (1) Historic Preservation and Neighborhood Planner, Grade
16, at twenty (20) hours per week,
and be it further
RESOLVED, That the position of Historic Preservation Planner shall be assigned to the
CSEA Administrative Unit at a salary grade 15, and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to New
York State and Local Employees’ Retirement System, the standard workday for this
position shall be established at seven (7) hours per day, thirty-five (35) hours per week.
Jurisdiction: City of Ithaca
Jurisdictional Class: Competitive
Adopted: 09/03/14
HISTORIC PRESERVATION PLANNER
DISTINGUISHING FEATURES OF THE CLASS: This is a specialized professional planning
position with primary work assignments focused on the area of historic preservation. In addition to
these responsibilities, the incumbent performs general professional planning duties in the office
and in the field. General direction and project assignments are received from the Director of
Planning and Development. The details of the work are independently planned and carried to
completion. Work is performed independently with other planners both as support and lead staff.
Supervision may be exercised over consultants, interns, and student assistants. Does related
work as required.
TYPICAL WORK ACTIVITIES:
Develops and administers the work plan for the City's historic preservation program, including
regulatory, planning, educational and training functions;
Provides technical assistance and administrative support to the Landmarks Preservation
Commission, including designation and design review as set forth in the Ithaca Landmarks
Preservation Ordinance, the Commission's Rules of Procedure and state and federal
standards;
Designs, supervises and performs surveys, research, evaluation and treatment of historic
resources in accordance with state and federal standards;
Provides technical assistance to owners of historic and architecturally significant properties;
Provides technical assistance to the Community Development Department and other City offices
with required state and federal project reviews, state and local environmental reviews and
with the prevention treatment of historic and architecturally significant City facilities;
Maintains a data base of all properties within the City designated under the Landmarks
Preservation Ordinance and listed on the New York State and National Registers of Historic
Places;
Maintains and updates official maps of local historic districts;
Prepares annual report of historic preservation activities as required by the New York State
Certified Local Government Program;
Acts as the City’s representative at meetings with federal and state officials on design and
implementation of the City’s historic preservation programs and projects;
Acts as lead or support staff for City projects pertaining to historic preservation, historic districts,
and architecturally significant properties, including coordination with other departments,
boards, committees and agencies;
Researches, prepares applications and administers state, federal and regional grants;
Manages consultant contracts;
Performs miscellaneous office work and maintains records of work activities.
Historic Preservation Planner
Page 2
FULL PERFORMANCE KNOWLEDGE, SKILLS, ABILITIES, PERSONAL CHARACTERISTICS:
Good knowledge of federal, state and local historic preservation principles and programs with an
understanding of their legal basis and the administration of regulatory controls; good knowledge of
the principles, techniques, terminology and practices employed in City and regional planning; good
knowledge of the National Historic Preservation Act of 1976 as amended, the Secretary of the
Interior's Standards for Archaeology and Historic Preservation, the Secretary of the Interior's
Standards and Guidelines for the Treatment of Historic Properties, and the New York State
Environmental Quality Review Act; good knowledge of site plan review and environmental review
principles and requirements with an understanding of their legal basis and the administration of
regulatory controls; good knowledge of research methods and techniques; good problem-solving
skills; ability to communicate ideas and deal effectively with community groups and others; ability
to prepare clear, accurate reports and to make oral and written presentations of ideas; ability to
understand complex oral and written directions; ability to deal with tight deadlines and competing
requests for time; ability to successfully work with and serve a diverse local community; initiative and
resourcefulness; creativity; tact and good judgment; physical condition commensurate with the
demands of the position.
MINIMUM QUALIFICATIONS: Either:
A. Graduation from a regionally accredited or New York State registered college or university with
a Master's Degree in Historic Preservation or an allied field with similar course curriculum; or
B. Graduation from a regionally accredited or New York State registered college or university with
a Master's Degree in City or Regional Planning or an allied field with similar course curriculum,
which shall include or be supplemented by a minimum of 20 credit hours of coursework related
to Historic Preservation; or
C. Graduation from a regionally accredited or New York State registered college or university with
a Bachelor's Degree in City or Regional Planning, Architecture, engineering, or an allied field
with similar course curriculum and three (3) years of full-time paid experience (or its part-time
and/or volunteer equivalent) in the field of historic preservation; or
D. Graduation from a regionally accredited or New York State registered college or university with
a Bachelor's Degree in Historic Preservation or an allied field with similar course curriculum; or
E. Graduation from a regionally accredited or New York State registered college or university with
a Bachelor's Degree in City or Regional Planning or an allied field with similar course
curriculum, which shall include or be supplemented by at least 20 credit hours of coursework in
Historic Preservation, or
F. An equivalent combination of training and experience as defined by the limits of A through E.
Please note that this means that the minimum educational requirement is at least a Bachelor’s
Degree in the specified fields and with the specified coursework.
8.4 Ithaca Police Department – Request to Amend 2014 IPD Budget –
Resolution
WHEREAS, the Ithaca Police Department has received funds through the recycling of
brass shell casings recovered from the IPD shooting range, and
WHEREAS, the Ithaca Police Department has also received funds through drug
seizures, and
WHEREAS, the Ithaca Police Department is desirous of utilizing some of these funds
($21,000) to purchase a training structure for the shooting range; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2014 Ithaca Police Department
Budget as follows:
Increase revenue account:
A 3120-2770-5017 Miscellaneous Revenue $ 6,000
A 3120-4320-5017 Federal Aid – Crime Control $15,000
Increase expenses:
A 3120-5225-5017 Building Other Equipment $21,000
8.5 Ithaca Police Department – Request to Amend 2014 IPD Budget –
Resolution
WHEREAS, the Ithaca Police Department (IPD) has had problems with gaps in radio
coverage on the first floor of the Ithaca Police Department building, and
WHEREAS, these gaps in radio coverage could make it difficult, if not impossible, to
make a call to the Dispatch Center in the event of a critical and dangerous situation, and
WHEREAS, members of IPD have contacted a radio equipment vendor and a workable
solution has been developed that will eliminate these gaps in radio coverage, and
WHEREAS, the cost to implement the developed solution is $8,372 which includes the
purchase of 4 Radios and the associated installation of said radios; now therefore, be it
RESOLVED, That Common Council hereby authorizes the City Controller to transfer an
amount not to exceed $8,372 from account A1990 unrestricted contingency to account
A3120-5225-5014 Police Department – Communications Equipment for the purposes of
funding said purchase.
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Amend §325-45.2B, entitled “Definitions and Related
Standards,” of the Collegetown Area Form Districts
A. Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is 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 adoption of an ordinance to amend
§325-45.2B, “Definitions and Related Standards,” of the Collegetown Area Form
Districts.
B. Determination of Environmental Significance – Resolution
WHEREAS, the City of Ithaca is considering an amendment to Chapter 325 of the
Municipal Code in order to (1) amend the standards for Building Height and (2) provide
a definition for “Recessed Entry”, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of a Short Environmental Assessment Form (SEAF), dated July 2, 2014,
and
WHEREAS, these zoning amendments have been reviewed by the Tompkins County
Planning Department Pursuant to §239-l–m of the New York State General Municipal
Law, which requires that all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department, and have
also been reviewed by the City of Ithaca Conservation Advisory Council 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
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 July 2, 2014, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
C. Adoption of Ordinance
WHEREAS, following the adoption of the Collegetown Area Form Districts in March
2014, staff has identified several revisions that are necessary to strengthen the intent of
the code, and
WHEREAS, the proposed revisions to the standards for building height will help reduce
construction costs and further promote high-quality design on sloped sites while
reducing the impacts of taller buildings on adjacent smaller structures, and
WHEREAS, the addition of a definition of “recessed entry” will clarify the intent of this
form requirement; now, therefore,
ORDINANCE NO. 2014-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-45.2B(2) of the City of Ithaca Municipal Code is
hereby amended to read as follows:
(2) Building Height
(a) The existing definition of building height shall apply (refer to §325-3 –
“Height of Building”).
(b) Building heights in the CR and MU districts are regulated using feet and
stories. No portion of any building shall exceed the maximum number
of stories or the maximum height in feet.
(c) A building may be stepped back, provided that each step back is a
minimum of 12’ of building depth. Each step back defines a portion of
the building. The height is measured from the average grade plane
adjoining that portion of the building.
(C) (d) The only parts of the building which may exceed the maximum
building height are bulkheads, housing for mechanical equipment, towers,
and similar constructions not intended for human occupancy, provided that
the requirements of §325-45.2B(10) §325-45.2B(14) are met.
Section 2. Chapter 325, Section 325-45.2B of the City of Ithaca Municipal Code is
hereby amended to add a definition of “Recessed Entry” as Section 325-45.2B(10), and
all subsequent sections shall be renumbered accordingly. Section 325-45.2B(10) shall
read as follows:
(10) Recessed Entry
(a) Definition: A functioning entry that is set back a minimum of 12”
from the front façade of the building.
Section 3. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
9.2 Resolution to Select Artwork for a Mural Installation on the Entry Ramp to
the Upper Levels of the Green Street Parking Garage
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to,
among other duties, review and advise the Common Council on proposals for the
exhibition and display of public art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank
walls within the city, while providing local artists from all sections of the community an
opportunity to showcase their work, and
WHEREAS, the Board of Public Works approved several locations for future murals and
street art, including walls in the City garages on Green Street and Seneca Street, by
resolution on May 19, 2010, and
WHEREAS, local artist Jennifer Ospina has submitted her proposal for a mural
depicting the culture of the indigenous Kogi tribe of Columbia as part of the PAC’s Mural
and Street Art Program, and
WHEREAS, Ms. Ospina was selected as a finalist by ¡Cultura! Ithaca and several other
community organizations to paint a mural that celebrates the community’s Latina
culture, and
WHEREAS, at its meeting June 25, 2014, the PAC identified the entry ramp to the
upper levels of the Green Street Parking Garage as an appropriate location for this
proposal, and
WHEREAS, the PAC held a public comment period on the mural design and location at
its meeting on July 23, 2014 to gather input on the proposed installation, and the
majority of the responses to the proposal have been positive, and
WHEREAS, the artist will receive some paint from the City as well as funding from
¡Cultura! Ithaca and several other community organizations to install the mural, and
WHEREAS, at its meeting on July 23, 2014, the Public Art Commission unanimously
voted to recommend that Common Council select Jennifer Ospina’s mural to be
installed on the entry ramp of the Green Street Parking Garage; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects Jennifer Ospina’s mural
depicting the culture of the Kogi tribe, as recommended by the Public Art Commission,
to be installed on the entry ramp of the Green Street Parking Garage and to be added to
the City of Ithaca’s public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of her mural
upon the execution of an agreement with the City as reviewed by the City Attorney.
Latina Mural Project Submission
Name/Contact
Jennifer Ospina
Bio Statement
I am a self taught artist that has been inspired by color. My expressions in my
paintings represent connections to the earth and the universe. I began painting 2
years ago, and I moved to Ithaca because it inspired me by it’s art community.
Description of mural
For the mural project I will be expressing the indigenous culture of Colombia.
This indigenous tribe is called the “Kogi”, and they live in the mountains of Sierra
Nevada de Santa Marta. The Sierra Nevada is a nurturer, protector, and Mother
to the Kogi. Because of the support and resources the mountain provides for the
Kogi, there is no need for them to adapt to a progressing world. In fact, the Sierra
Nevada has been described as a miniature planet. Their desire to live in harmony
with nature underlies their basic belief in "Aluna", a "generative spiritual force in
which all things exist and from which all things take their being". The importance
of this culture reflects the respect that we should also have for mother earth. In
my sketch you could see the mother of this tribe holding the universe in her hand,
also she is surrounded by the very mountains that give life to this tribe.
This is a rough sketch of what I am planning to do but there will more detail in
the mural.
Also, the head of the mother will have a willow tree with animals infused with
each other
Materials:
Brushes, Acrylic, mediums for blending colors, and coating after finished.
Latina Mural Project file:///C:/Documents and Settings/mgilbert/My Documents/Downloads/Lat...
1 of 1 7/14/2014 9:12 AM
9.3 Common Council Conditional Approval - UnChained Properties LLC,
application for Planned Unit Development – Resolution
WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the
City to establish Planned Unit Development districts on any property in the City currently
zoned for industrial uses, and
WHEREAS, on July 11, 2014, UnChained properties submitted a completed application
for consideration to establish a Planned Unit Development district at the site of the
former Morse Chain/Emerson Power facility, and
WHEREAS, the proposed Chain Works District seeks to redevelop and rehabilitate the
+/-800,000 SF former Morse Chain/Emerson Power Transmission facility, located on a
95-acre parcel traversing the City and Town of Ithaca municipal boundary, and
WHEREAS, the application included a proposed preliminary concept, which is depicted
in the Proposed Regulating Plan, dated May 30, 2014, and
WHEREAS, the conceptual plan consists of a multi phased project to be completed over
a period of several years, with the initial phases of the project involving some
demolition, in addition to the redevelopment of the existing structures with residential,
commercial, studio workspaces, and office development, predominantly within the City
of Ithaca, while manufacturing will be within both the Town and City of Ithaca, and
WHERAS, the site’s redevelopment would bridge South Hill and Downtown Ithaca, the
Town and the City of Ithaca, by providing multiple intermodal access routes, including a
highly desired trail connection, and
WHEREAS, the application states that the developer will be seeking to be certified by
the US Green buildings Council with a Leadership in Energy and Environmental
Design.(LEED) Neighborhood Development (ND) standard, and
WHEREAS, in order to meet the requirements of the LEED ND certification, the
developer will explore all available alternate modes of transit and intends to discourage
any excess parking above and beyond what is needed to meet market demands and
therefore intends to request that the final approved zoning regulations for the PUD not
include a minimum parking requirement, and
WHEREAS, the application includes a preliminary proposal for the amended zoning for
the development site, which includes a mix of a T1 natural zone, a T4 neighborhood
general zone, and a T5 neighborhood center zone, and
WHEREAS, during the required review of this application by the City Planning and
Economic Development Committee of the Common Council, concerns were expressed
by Common Council members that there should be a transition zone between the
neighborhood center zone (T5) and the surrounding single family homes, however,
given that this project has yet to go through design development, the Common Council
recognizes that the requested zoning may change as the project develops, and
WHEREAS, in accordance with the adopted City process for consideration of a planned
unit development, the application was circulated to City boards and committees, as well
as, to the Town of Ithaca, and to the County Planning Department, and
WHEREAS, a public information session, hosted by the applicant, was held on August
5, 2014 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, a legal notice was posted to the Ithaca Journal, on July 29, 2014, in order
to advertise a legal public hearing on August 13, 2014, 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, and
WHEREAS, as a part of the environmental review process for the project and the PUD,
the Planning and Development Board will update the Common Council after each
Planning and Development Board meeting where the project is considered and will
request ongoing written comments from the Common Council, and
WHEREAS, in order to develop the final requested zoning designations for the site an
advisory committee will be formed consisting of Town and City officials who will work
with the developer and will regularly update the Planning and Economic Development
Committee as the zoning proposal develops, and
WHEREAS, the Planning and Economic Development Committee will report out
monthly on any updates on the project or the PUD application and the Planning and
Economic Development Committee will be responsible for making a final
recommendation to Common Council, and; now, therefore, be it
RESOLVED, That the Common Council does hereby grant an approval in concept to
UnChained Properties for their application for a Planned Unit Development district to be
established at the former site of the Morse Chain/Emerson Power facility, 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 and
Development Board update the Common Council after each Planning and Development
Board meeting where this project is considered and to request ongoing written
comments from the Common Council, and be it further
RESOLVED, That contingent upon amendment of the authorizing ordinance in such a
manner as to permit the same, once the environmental review of this project has been
completed in such a manner as to permit the owner to proceed with their project 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.
BACK-UP ITEM 9.3
Common Council Conditional Approval-UnChained Properties LLC, application
for Planned Unit Development - Resolution
WHEREAS, on July 2, 2014, the Common Council adopted legislation allowing for the
City to establish Planned Unit Development districts on any property in the City currently
zoned for industrial uses, and
WHEREAS, on July 11, 2014, UnChained properties submitted a completed application
for consideration to establish a Planned Unit Development district at the site of the
former Morse Chain/Emerson Power facility, and
WHEREAS, the proposed Chain Works District seeks to redevelop and rehabilitate the
+/-800,000 SF former Morse Chain/Emerson Power Transmission facility, located on a
95-acre parcel traversing the City and Town of Ithaca municipal boundary, and
WHEREAS, the application included a proposed preliminary concept, which is depicted
in the Proposed Regulating Plan, dated May 30, 2014, and
WHEREAS, the conceptual plan consists of a multi phased project to be completed over
a period of several years, with the initial phases of the project involving some
demolition, in addition to the redevelopment of the existing structures with residential,
commercial, studio workspaces, and office development, predominantly within the City
of Ithaca, while manufacturing will be within both the Town and City of Ithaca, and
WHERAS, the site’s redevelopment would bridge South Hill and Downtown Ithaca, the
Town and the City of Ithaca, by providing multiple intermodal access routes, including a
highly desired trail connection, and
WHEREAS, the application states that the developer will be seeking to be certified by
the US Green buildings Council with a Leadership in Energy and Environmental
Design.(LEED) Neighborhood Development (ND) standard, and
WHEREAS, in order to meet the requirements of the LEED ND certification, the
developer will explore all available alternate modes of transit and intends to discourage
any excess parking above and beyond what is needed to meet market demands and
therefore intends to request that the final approved zoning regulations for the PUD not
include a minimum parking requirement, and
WHEREAS, the application includes a preliminary proposal for the amended zoning for
the development site, which includes a mix of a T1 natural zone, a T4 neighborhood
general zone, and a T5 neighborhood center zone, and
WHEREAS, during the required review of this application by the City Planning and
Economic Development Committee of the Common Council, concerns were expressed
by Common Council members that there should be a transition zone between the
neighborhood center zone(T5) and the surrounding single family homes, however, given
that this project has yet to go through design development, the Common Council
recognizes that the requested zoning may change as the project develops, and
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Deleted: Draft Resolution¶
August 14, 2014¶
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approval of this application would
allow the site to be developed into a
mixed-use district, which includes
residential, commercial, office, and
manufacturing, and ¶
Deleted: ¶
WHEREAS, in accordance with the adopted City process for consideration of a planned
unit development, the application was circulated to City boards and committees, as well
as, to the Town of Ithaca, and to the County Planning Department, and
WHEREAS, a public information session, hosted by the applicant, was held on August
5, 2014 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, a legal notice was posted to the Ithaca Journal, on July 29, 2014, in order
to advertize a legal public hearing on August 13, 2014, 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, and
WHEREAS, as a part of the environmental review process for the project and the PUD,
the Planning Board will update the Common Council after each Planning Board meeting
where the project is considered and will request ongoing written comments from the
Common Council, and
WHEREAS, in order to develop the final requested zoning designations for the site an
advisory committee will be formed consisting of Town and City officials who will work
with the developer and will regularly update the Planning Committee as the zoning
proposal develops, and
WHEREAS, the Planning Committee will report out monthly on any updates on the
project or the PUD application and the Planning Committee will be responsible for
making a final recommendation to Common Council, and; now, therefore, be it
RESOLVED, that the Common Council does hereby grant an approval in concept to
UnChained Properties for their application for a Planned Unit Development district to be
established at the former site of the Morse Chain/Emerson Power facility, 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
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RESOLVED, that contingent upon amendment of the authorizing ordinance in
such a manner as to permit the same, once the environmental review of this
project has been completed in such a manner as to permit the owner to proceed
with their project and contingent site plan approval, the applicant will return to the
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a negative declaration of
environmental significance
To: Common Council BACK-UP ITEM 9.3
From: Jennifer Kusznir, Economic Development Planner
Date: August 22, 2014
RE: City of Ithaca Planned Unit Development (PUD) Application: Chain Works District
The purpose of this memo is to provide information regarding an application by UnChained Properties
LLC for the City to grant/create a Planned Unit Development district at the site of the former Morse
Chain/Emerson Power facility.
The proposed Chain Works District seeks to redevelop and rehabilitate the +/-800,000 SF former Morse
Chain/Emerson Power Transmission facility, located on a 95-acre parcel traversing the City and Town of
Ithaca municipal boundary. The PUD would allow the site to be developed into a mixed-use district,
which includes residential, commercial, office, and manufacturing.
The site’s redevelopment would bridge South Hill and Downtown Ithaca, the Town and the City of Ithaca,
by providing multiple intermodal access routes, including a highly desired trail connection. The project
will be completed in multiple phases over a period of several years, with the initial phases of the project
involving some demolition in addition to the redevelopment of the existing structures. Using the existing
structures, residential, commercial, studio workspaces, and office development are proposed to be
predominantly within the City of Ithaca, while manufacturing will be within both the Town and City of
Ithaca. The interior of the existing complex will be retrofitted to meet code requirements for particular
uses, while the intent is to rehabilitate the exterior to maintain the existing character to celebrate the
complex’s industrial history.
In accordance with the adopted City process for consideration of a planned unit development, the
applicant has completed the enclosed application. This application was circulated to City boards and
committees, as well as, to the Town of Ithaca, and to the County Planning Department. At this time no
comments have been received. A public information session, hosted by the applicant, was held on
August 5, 2014. The meeting was advertised in the Ithaca Journal, and property owners within 500 feet
of the property were notified by mail of the meeting. The property was also posted with signs. The
meeting was well attended and the applicant answered questions on their proposed project.
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.
Enclosed for your consideration is a draft resolution to approve this project in concept. This resolution
was previously sent to the Planning and Economic Development Committee in August, however, it has
been changed to reflect the concerns that were raised at the meeting. In addition, the final resolved
clause has also been changed. In reviewing the application, the applicant alerted the City that the PUD
ordinance, in its current format does not allow for projects to have a positive declaration of environmental
significance. The intent when drafting the legislation was to allow for projects to move forward that have
fully undergone environmental review and have received site plan approval. Projects may receive a
positive declaration of environmental significance and still be eligible for site plan approval as long as the
environmental impacts are addressed and adequate mitigation measures are put into place. Staff intends
on proposing a minor non substantive change to the ordinance next month that would allow for these
types of projects to proceed with this program. The proposed amendment to the final resolved clause in
the enclosed resolution will allow for this project to receive its approval in concept for the PUD process
and acknowledges that the City intends on amending the PUD ordinance to allow for these types of
projects to be eligible for this program.
CITY OF ITHACA
108 E. Green St. — 3rd Floor Ithaca, NY 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING, BUILDING, ZONING, & ECONOMIC & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Tel: Planning & Econ. Develop. Division – 607-274-6550 | Community Development/IURA – 607-
274-6559
E-Mail: dgrunder@cityofithaca.org E-Mail: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
If this project is granted the conditional approval to proceed, the applicant is able to begin the site plan
review process, despite any zoning-based deficiencies in the application. As a part of the environmental
review process for the project and the PUD, the Planning and Development Board will update the
Common Council after each Planning and Development Board meeting where the project is considered
and will request ongoing written comments from the Common Council. When and if the project has
completed the environmental review process and has received site plan approval, it (the applicant) will
return to the Common Council for final consideration of the adoption of the PUD.
If you have questions or require additional information, please feel free to contact me at
jenniferk@cityofithaca.org.
9.4 Programmatic Changes to Neighborhood Housing Initiative (NHI) Program
– Resolution
WHEREAS, The Neighborhood Housing Initiative was created to convert substandard,
rental, residential properties negatively affecting their surrounding neighborhood into
quality, owner-occupied housing that would benefit the nearby neighborhood, increase
homeownership and expand the tax base of the City, and
WHEREAS, to implement the program, the Ithaca Urban Renewal Agency (IURA) used
bond proceeds to acquire eligible properties; renovated them, or demolished and
constructed new homes; and sold them for the highest marketable price to homebuyers
with a deed restriction requiring the property to remain owner-occupied for at least 25
years, and
WHEREAS, IURA bonds financing the Neighborhood Housing Initiative are guaranteed
by the City of Ithaca, and
WHEREAS, $1,050,000 in bonds were issued to capitalize the program, of which, as of
2014, approximately $590,000 remains available to implement the program going
forward, and
WHEREAS, certain changes to the structure of the program are now proposed to
enhance effectiveness of the program, and
WHEREAS, the changes were approved by bond counsel Orrick, Herrington & Sutcliffe
LLP on July 18, 2014, subject to adoption by the IURA and approval by the Common
Council, and
WHEREAS, the program assists renovation or construction of single-family, two-family
or three-family residences, which qualifies as a Type II action not subject to
environmental review under the City Environmental Quality Review Ordinance, and
WHEREAS, the proposed programmatic changes were adopted by the Ithaca Urban
Renewal Agency on July 24, 2014; now, therefore, be it
RESOLVED, the Common Council for the City of Ithaca hereby approves the following
programmatic changes to the IURA Neighborhood Housing Investment program:
1. Supplement the Program to Provide for a Pilot Competitive Grant Program -
Convert the program delivery model to a competitive grant program to assist not-for-
profit housing developers carry out homeownership projects for a fixed subsidy amount
rather than have the IURA undertake site selection, acquisition,
rehabilitation/construction and resale. Payments of grants will be made upon project
completion.
2. Expand Categories of Eligible Project Sites – Expand the categories of
properties eligible for assistance under the program from solely substandard, rental
residential properties to include, substandard vacant structures, properties acquired
through property tax delinquency, primary structure cited as unsafe for occupancy, and
vacant parcels.
3. Affordability Requirement – Impose a new requirement that each new owner-
occupied residential unit assisted must be sold to homeowners earning 80% or less of
the Area Median Income (AMI), and further require any resale of the home to low/mod
income homebuyers during the 25-regulatory period.
June 20, 2014
Summary of 2014 Programmatic Changes
to the
Neighborhood Housing Initiative Program
The Neighborhood Housing Initiative was created to convert substandard, rental, residential
properties negatively affecting their surrounding neighborhood into quality, owner‐occupied
housing that would benefit the nearby neighborhood, increase homeownership and expand the
tax base of the City. To implement the program, the Ithaca Urban Renewal Agency (IURA) used
bond proceeds to acquire eligible properties; renovated them, or demolished and constructed
new homes; and sold them for the highest marketable price to homebuyers with a deed
restriction requiring the property to remain owner‐occupied for at least 25 years.
$1,050,000 in bonds were issued to capitalize the program. As of 2014, approximately
$590,000 is available to implement the program going forward.
The IURA proposes the following programmatic changes:
1. Supplement the Program to Provide for a Pilot Competitive Grant Program ‐ Convert the
program delivery modelto a competitive grant program to assist not‐for‐profit housing
developers carry out homeownership projects for a fixed subsidy amount rather than
have IURA undertake site selection, acquisition, rehabilitation/construction and resale.
Payments of grants will be made upon project completion.
Rationale for change: This change will enhance cost‐effectiveness of the program by
transferring the risk of cost overruns from the IURA to the developer. When the IURA
acted as owner and developer, the final subsidy amount necessary to complete several
projects was significantly higher than the initial projection due to factors unforeseen at
the time of property acquisition. As proposed, the final public subsidy amount per
project will now be established at the time of grant award.
2. Expand Categories of Eligible Project Sites – Expand the categories of properties eligible
for assistance under the program from solely substandard, rental residential properties
to include, substandard vacant structures, properties acquired through property tax
delinquency, primary structure cited as unsafe for occupancy, and vacant parcels.
Rationale for change: This change will enhance effectiveness of program to better
accomplish the objective to address properties negatively affecting neighborhoods,
regardless of their prior tenure status. Expanding the range of properties eligible may
also reduce the public subsidy by making vacant properties, where demolition and
clearance may have already occurred, eligible for the program.
Page 2 of 5
3. Affordability Requirement – Impose a new requirement that each new owner‐occupied
residential unit assisted must be sold to homeowners earning 80% or less of the Area
Median Income (AMI), and further require any resale of the home to low/mod income
homebuyers during the 25‐regulatory period.
Rationale for change: This change will accomplish a new goal of the program to expand
affordable homeownership opportunities. The median existing home sales price in the
City has increased to over $185,000, well above the amount most low‐ and moderate‐
income residents can afford, leading to less income diversity in City neighborhoods.
Previously, the program was designed to sell the completed project for the highest
marketable price to minimize the public subsidy required. In tandem with the other
programmatic changes, and other affordable housing grant programs, creation of
affordable homeownership units through the program is projected to only require a
modest increase in the amount of public bond subsidy per unit.
Page 3 of 5
June 20, 2014
Revised Program Design for the
Neighborhood Housing Initiative
Incorporating 2014 Programmatic Changes
Summary
The Neighborhood Housing Initiative (NHI) is a program of the Ithaca Urban Renewal Agency
(IURA) to competitively award grants to not‐for‐profit housing developers undertaking projects
to create quality, affordable, owner‐occupied, housing to be occupied by households earning
no more than 80% of the Area Median Income (AMI) on sites within the Urban Renewal Project
Area that negatively affect neighborhood stability. This program is intended to arrest and
prevent conditions of deterioration and blight and expand affordable homeownership
opportunities.
Goal
The goal of the NHI program is to increase neighborhood stability and expand affordable
homeownership opportunities for low‐ and moderate‐income households.
Objectives
1. Eliminate blighting conditions.
2. Expand the supply of affordable, owner‐occupied homes.
3. Physically upgrade substandard structures and new construct housing on vacant lots.
4. Convert rental properties to owner‐occupancy status.
5. Stimulate private sector investment in neighborhoods.
Program Guidelines
Neighborhood Housing Initiative Bond
City of Ithaca
Program Guidelines
Eligible Activities Production of new affordable homeownership housing units in City of
Ithaca neighborhoods through rehabilitation or new construction
Eligible Locations Properties located within the Ithaca Urban Renewal Project Boundary
Map area (see attached map)
Eligible Properties
Types
• Substandard rental housing
• Vacant structure
• Vacant lot
• Site containing a primary structure cited as unsafe for occupancy
Site acquired via property tax foreclosure
Page 4 of 5
Neighborhood Housing Initiative Bond
City of Ithaca
Program Guidelines (continued)
Eligible Applicants 501(c)(3) not‐for‐profit organization incorporated in the State of New
York
Form of Assistance Grant
Use of Funds Development subsidy
Timing of
Disbursement
Funds shall be disbursed upon project completion
Maximum Amount
of Assistance
The maximum amount of assistance shall be limited to the minimum
amount necessary to close the financial gap between the cost to
produce the new homeownership unit and the sales price to a low‐ and
moderate‐income homeowner. Unless otherwise approved by the
IURA, the target homebuyer household is assumed to earn between
70%‐80% of the Area Median Income (AMI) as determined annually by
the U.S. Department of Housing & Urban Development, adjusted for
household size.
Eligible Homebuyers Homebuyer must earn household income at or below 80% of the AMI
for the City of Ithaca
Maximum Sales
Price
The sales price of the new homeownership unit must be affordable to
an Eligible Homebuyer paying no more than 37% of their income toward
housing debt (principal, interest, taxes and insurance). Project budgets
should assume a homebuyer household will earn 70% of AMI unless
specific homebuyers have been pre‐qualified.
Owner‐Occupancy
Requirement
A 25‐year owner‐occupancy restrictive covenant shall be filed with the
deed requiring the home to be occupied by at least one of the owners.
Long‐Term
Affordability
An effective and enforceable mechanism acceptable to the IURA will be
required to ensure assisted housing units remain affordable and
occupied by low‐ and moderate‐income households for a minimum of
25 years.
Application Process Open, competitive selection process as part of the annual IURA Call For
Proposals for funding applications for the HUD Entitlement Grant
program. The IURA may also issue additional Calls For Proposals at its
discretion.
Page 5 of 5
Neighborhood Housing Initiative Bond
City of Ithaca
Program Guidelines (continued)
Selection Criteria Applications will be reviewed against the following criteria:
• Need ‐ The extent of need and seriousness of the problem that the
project will address.
• Impact – The extent to which outcomes achieved will effectively
address the need and accomplish program objectives. The effect on
neighborhood stability and cost‐effectiveness of the project will be
considered.
• Feasibility ‐ Extent to which the project is designed to identify &
manage obstacles to achieve projected outcome on a timely basis,
including reasonableness of sources and uses of project funds and
commitments of other funding sources.
• Capacity ‐ Demonstrated ability of applicant to successfully
implement the project, including administrative, technical and fiscal
capacity, including past performance completing similar affordable
housing projects.
• Leverage – Amount and percentage of funds requested in
comparison to funding from other sources.
• Coordination‐ The extent to which a project implements plans or
initiatives of the City and/or coordinates with other neighborhood
investments.
END
Attachment – Urban Renewal Boundary Map
j:\community development\housing initiative\2014 programmatic changes\2014 programmatic changes to nhi.doc
10. CITY ADMINISTRATION COMMITTEE:
10.1 Marriott Hotel, Authorize Disposition of City - Owned Property at 120 East
Green Street
WHEREAS, Hotel Ithaca LLC (Marriott Hotel) is the developer of a proposed 159-key
Marriott hotel at 120 South Aurora Street, Ithaca, NY, and
WHEREAS, on June 4, 2014, the Common Council authorized a parking agreement
with the Marriott Hotel but deferred decision making regarding a proposed option
agreement authorizing the Marriott Hotel to acquire air rights to a portion of the Green
Street Garage should it be decommissioned in the future, as a potential property
conveyance requires publication of a series of public notices before it can be considered
for action by the Common Council, and
WHEREAS, the majority of parking to be made available for hotel guests at the Marriott
Hotel per the authorized parking agreement is located in the Green Street Garage, and
WHEREAS, the eastern section of the Green Street Garage, constructed in 1973 above
a portion of the Rothschild building, is anticipated to have a remaining useful life of
approximately 15 years before requiring major new investment, and
WHEREAS, the Marriot Hotel seeks a means to provide parking for hotel guests should
the City decommission the eastern section of the Green Street Garage in the future, and
WHEREAS, the City will incur a substantial expense to demolish and remove the
portion of parking structure should it be decommissioned, and
WHEREAS, on June 4, 2014, the Common Council for the City of Ithaca, acting as the
lead agency, conducted environmental review in accordance with the City
Environmental Quality Review Ordinance and issued a negative declaration that the
proposed action will result in no significant impact on the environment; now, therefore,
be it
RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an
option agreement with Hotel Ithaca LLC, developer of the Marriott Hotel to be located at
120 South Aurora Street, to acquire air rights to the eastern section of the Green Street
Parking Garage located above the Rothschild Building along with access easement
over the central section of the Green Street Garage to provide access to and from
Green Street, for $1 for use as private parking, and be it further
RESOLVED, That the option agreement shall include provisions that the option
agreement cannot be exercised unless and until the City decommissions the eastern
section of the Green Street Garage and the Common Council declares the subject
property surplus municipal property, and be it further
RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby
authorized to execute an agreement to implement this resolution.
BACK-UP ITEM 10.1
Ithaca Urban Renewal Agency
Customer #330780
108 East Green Street
Ithaca, NY 14850
(607)-274-6550
Contact Person: Nels Bohn
July XX, 2014
Legal Advertising Department
The Ithaca Journal
Sent via e-mail:cnylegals@gannett.com
LEGAL NOTICE
Please publish the following public notice once each week for three consecutive weeks in the
Legals section of the Ithaca Journal with the first notice to be published on July 20, 2014
Public Notice
Proposed Option Agreement to Sell City-Owned Real Estate
City of Ithaca
Eastern Portion of the Green Street Parking Garage
As part of parking negotiations with Hotel Ithaca LLC, developer of the 159-room Ithaca Marriott Hotel to be
constructed at 120 S. Aurora Street, the City is considering an agreement to allow Hotel Ithaca, LLC to
exercise an option to acquire the eastern section of the Green Street Parking Garage adjacent to the hotel
only if it is both decommissioned for public parking and declared as surplus municipal property by the City of
Ithaca Common Council. The City has no plans to decommission any section of the parking garage at this
time.
The eastern section of the Green Street Parking Garage contains two decks of parking constructed on air
rights located over portions of the so-called Rothschild Building located at 205 E. State Street and contains
approximately 150 parking spaces. Per the proposed agreement, Hotel Ithaca LLC may exercise an option
to acquire for $1.00 the decommissioned and surplus eastern section of garage along with an access
easement over the central section to provide access to and from Green Street for use as a private parking.
The eastern section was constructed in 1973. The central section was reconstructed in 2010.
Section C-36(40) of the City Charter requires notice of a proposed sale of City-owned land to be published at
least once each week for three weeks, the first such notice being published no less than 30 days prior to the
approval vote. At least a ¾ vote of the full Common Council is needed to approve sale of City-owned real
estate, which sale is subject further to permissive referendum. The petition must be submitted to the City
Clerk prior to Common Council action to authorize the sale. The Common Council will not consider this
matter prior to their September 3, 2014 meeting.
Written comments may be sent to Common Council, c/o City Clerk, City of Ithaca, 108 E. Green Street,
Ithaca, NY 14850. For more information contact Nels Bohn at (607) 274-6547 or at nelsb@cityofithaca.org
Please verify receipt of this order upon receipt to nelsb@cityofithaca.org. Please do not send an affidavit of
publication. Send the bill to the Ithaca Urban Renewal Agency.
Respectfully, Nels Bohn
Cc (email): City Clerk
10.2 An Ordinance Approving the Sale of City-Owned Property and the Granting
of an Easement over City-Owned Property
A. Declaration of Lead Agency - Resolution
WHEREAS, the City of Ithaca Common Council is considering the sale of tax parcel
#25.-2-1.2, located at 601 First Street, pursuant to a 1993 lease, and the granting of an
easement over an adjacent portion of City-owned land, to the Sciencenter Discovery
Museum, and
WHEREAS, the proposed transfer of approximately 35,500 sq. ft. of land is an Unlisted
action under the City Environmental Quality Review Ordinance (CEQRO), and
WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be
established for conducting environmental review of proposed actions in accordance with
local and state environmental law, and
WHEREAS, State Law specifies that 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, no other agency has jurisdiction to fund, approve or undertake the
proposed action; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead
Agency for the environmental review of the proposed transfer to the Sciencenter
Discovery Museum of the above listed real property.
B. Determination of Environmental Significance - Resolution
WHEREAS, the City of Ithaca Common Council is considering the sale of the property
located at 601 First Street, Ithaca, NY (tax parcel #25.-2-1.2) pursuant to a 1993 lease,
and the granting of an easement over an adjacent portion of City-owned land, to the
Sciencenter Discovery Museum, and
WHEREAS, on September 3, 2014, the City of Ithaca Common Council declared itself
Lead Agency for the environmental review of this proposed action, and
WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous
acres of land is an Unlisted Action under the City of Ithaca Environmental Quality
Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental
Quality Review Act (“SEQR”), both of which require environmental review, and
WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting
information has been provided to the City of Ithaca Conservation Advisory Council for
review of the proposed action and no comments have been received to date, and
WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the
environmental review, has reviewed and accepted as adequate a Short Environmental
Assessment Form, Part 1 and Part 2, both prepared by City staff; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council hereby determines that the
proposed transfer of tax parcel #25.-2-1.2 pursuant to the 1993 lease and the granting
of an easement over an adjacent portion of City-owned land will result in no significant
impact on the environment and that a Negative Declaration for purposes of Article 8 of
the Environmental Conservation Law be filed in accordance with the provisions of Part
617 of the State Environmental Quality Review Act.
D. Adoption of Ordinance
ORDINANCE 2014-
WHEREAS, the City entered into a lease with the organization now known as
Sciencenter Discovery Museum (“Sciencenter”) on February 6, 1993 (“Lease”), under
which the Sciencenter had use of the property known as 601 First Street (“Property”) to
construct the Sciencenter science museum, and
WHEREAS, the Lease granted the Sciencenter an option to purchase the Property, and
the City Controller has confirmed that the Sciencenter has made all necessary
payments to exercise the option, thus requiring the City to sell the property, and
WHEREAS, the Sciencenter has requested an easement for a portion of City-owned
land bordering the Property on the east (“Proposed Easement Area”), which land is the
right-of-way for a portion of Lake Avenue that no longer exists, onto which the
Sciencenter’s miniature golf course has extended for a number of years, and
WHEREAS, the Sciencenter is investing additional funds to renovate the miniature golf
course area, and desires to formalize its use of City-owned land, and
WHEREAS, the Sciencenter previously installed and maintained improvements on City
land (such as installation and operation of lighting, benches, trash and dog waste
receptacles in the area alongside Cascadilla Creek), the value of which exceeds the net
present value of the license fees that the City would charge to grant a license to use the
area in question, and
WHEREAS, the Board of Public Works has determined that the land for which an
easement is sought is surplus for municipal purposes, and
WHEREAS, the City Charter requires approval by three-fourths of the Common Council
to authorize sale of real property, and
WHEREAS, the City Charter further requires notice of a proposed sale to be published
no less than once each week for three weeks, the first such notice being published no
less than 30 days prior to the approval vote, and such notices have been published;
now, therefore,
ORDINANCE 2014-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent and Purpose. The Common Council makes the following
findings of fact:
A. The Property and the Proposed Easement Area are surplus for municipal
purposes.
B. The Sciencenter has made all necessary payments and taken all other
necessary actions to entitle the Sciencenter to exercise its option to
purchase the Property under the Lease.
C. The value of the improvements installed on City land and maintained by
the Sciencenter are equal to or greater than the net present value of the
license fees that the City would charge to grant a license to use the
Proposed Easement Area.
Section 2. Approval and Execution of Deed. The Common Council authorizes and
directs the Mayor, on the advice of the City Attorney, to execute documents as needed
to effect these transactions.
Section 3. Effective Date. This ordinance shall take effect immediately.
BACK-UP ITEM 10.2
Public Notice - City of Ithaca
Proposed Sale of and Grant of Easement over City-Owned Real Estate
601 First Street
The City of Ithaca Common Council is considering the proposed sale of City-owned real estate
located at 601 First Street, Ithaca, NY (tax parcel # 25.-2-1.2) as required by a 1993 lease, and
the granting of an easement over adjacent City-owned property, to Sciencenter Discovery
Museum.
Section C-36(40) of the City Charter requires notice of a proposed sale to be published at least
once each week for three weeks, the first such notice being published no less than 30 days prior
to the approval vote. At least a ¾ vote of the full Common Council is needed to approve sale of
City-owned real estate, which sale is subject further to permissive referendum.
The proposed sale shall be submitted to voters of the City upon a petition being submitted to the
City Clerk that is signed by registered voters of the City equal in number to at least 10% of the
total number of votes cast in the City at the last preceding general election. The petition must be
submitted to the City Clerk prior to Common Council action to authorize the sale.
The Common Council is scheduled to consider this matter at their September 3, 2014 meeting.
Written comments may be sent to Common Council, c/o City Clerk, City of Ithaca, 108 E. Green
Street, Ithaca, NY 14850.
For more information contact the City Clerk’s office at (607) 274-6570 or at
clerk@cityofithaca.org.
Julie Conley Holcomb, CMC
City Clerk
Publish Dates: August 1, 8, 15, 2014
BARGAIN & SALE DEED
with Covenant Against Grantor’s Acts
THIS INDENTURE is made the ______ day of _____________, in the year Two Thousand Fourteen,
between
City of Ithaca, a municipal corporation existing under the laws of the State of New York, with offices
at 108 East Green Street, Ithaca, New York 14850,the Grantor, and
Sciencenter Discovery Museum, an education corporation duly chartered and validly existing
pursuant to the laws of the State of New York, with offices at 601 First Street, Ithaca, New York
14850,the Grantee.
WITNESSETH, that the Grantor, in consideration of One Dollar ($1.00), lawful money of the United States,
and other good and valuable consideration paid by the Grantee, does hereby remise, release and quitclaim
unto the Grantee, its successors and assigns forever,
ALL THAT PARCEL OF LAND DESCRIBED IN THE ATTACHED SCHEDULE A
TOGETHER with the appurtenances and all the estate and rights of the Grantor in and to said premises.
TO HAVE AND TO HOLD the premises herein granted unto the Grantee and its successors and assigns
forever.
AND the Grantor COVENANTS that the Grantor has not done or suffered anything whereby the said property
has been encumbered in any way whatsoever, except as aforesaid.
AND the Grantor, in compliance with Section 13 of the Lien Law, COVENANTS that the Grantor will
receive the consideration as a trust fund to be applied first for the purpose of paying the costs of the
improvement and will apply the same first to the payment of the cost of the improvement before using any
part of the total of the same for any other purpose.
IN WITNESS WHEREOF, the Grantor has duly executed this deed the day and year first written above.
City of Ithaca
IN PRESENCE OFBy: L.S.
Svante L. Myrick, Mayor
STATE OF NEW YORK)
COUNTY OF TOMPKINS) ss.:
On the ______ day of __________________, in the year 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared Svante L. Myrick, personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same in his capacity, and that by his signature on
the instrument, the individual, or the person on behalf of whom the individual acted, executed the instrument.
_______________________________
Notary Public
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SCHEDULE A
ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State
of New York, bounded and described as follows:
BEGINNING at the intersection of the northerly line of Franklin Street with the easterly line of First Street;
thence North 30 degrees 59 minutes 17 seconds West along the easterly line of First Street a distance
of 242.71 feet to a point marked by an iron pin with cap in the southerly line of New York State Route 13;
thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State Route
13 a distance of 194.61 feet to a point;
thence South 48 degrees 20 minutes 00 seconds East along a westerly boundary of premises reputedly
now or formerly of Sciencenter Discovery Museum (formerly known as Sciencenter, Inc.), hereinafter
referred to as “Sciencenter” (788/5) a distance of 62.01 feet to a point;
thence South 41 degrees 40 minutes 00 seconds West along a northerly boundary of said Sciencenter
premises a distance of 76.10 feet to a point;
thence South 30 degrees 45 minutes 00 seconds East along a westerly boundary of said Sciencenter
premises a distance of 218.62 feet to a point in the northerly line of Franklin Street;
thence South 58 degrees 54 minutes 43 seconds West along the northerly line of Franklin Street a
distance of 130.70 feet to the point of beginning, containing 0.887 acre of land.
SUBJECT TO and TOGETHER WITH rights of ingress and egress in common with the aforementioned
Sciencenter parcel (adjoining the above-described premises on the east) for vehicular and pedestrian traffic
and parking.
TOGETHER WITH an easement in gross hereby granted by the grantor to the grantee, said easement to be
non-transferable and non-assignable without the grantor’s written consent, and subject to the grantee’s
agreement to (i) indemnify and hold the grantor harmless from any claims, damages, or judgments arising
from the grantee’s use of the land, and (ii) carry adequate liability insurance to protect the grantor’s interests,
for the operation of a mini-golf course and other activities related to the grantee’s purposes, over and across
the following tract or parcel of land as shown in cross-hatching on the below-referenced survey map:
Beginning at a point in the southerly highway line of New York State Route 13, which point is located
the following courses and distances from the intersection of the easterly line of First Street with the
northerly line of Franklin Street:
thence North 30 degrees 59 minutes 17 seconds West along the easterly line of First Street a
distance of 242.71 feet to a point marked by an iron pin with cap in the southerly line of New
York State Route 13;
thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York
State Route 13 a distance of 194.61 feet to a point;
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thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York
State Route 13 a distance of 90.38 feet to a point;
thence North 41 degrees 40 minutes 00 seconds East along the southerly line of New York State
Route 13 a distance of 12.59 feet to a point;
thence South 30 degrees 45 minutes 17 seconds East a distance of 232.20 feet to a point;
thence South 59 degrees 14 minutes 43 seconds West a distance of 12.00 feet to a point in the easterly
boundary of aforementioned premises reputedly now or formerly of Sciencenter (788/5);
thence North 30 degrees 45 minutes 17 seconds West along said easterly boundary of said Sciencenter
premises a distance of 228.40 feet to the point of beginning of this easement area, containing 2,744
square feet of land.
SUBJECT TO:
1.Utility easements and rights-of-way of record.
2.A permanent easement hereby granted to the City of Ithaca for purposes of construction and
maintenance of a sewer line and water main, said easement being located southerly of New York State
Route 13 and measuring forty (40) feet in width from the southerly street line of New York State
Route 13. The grantee shall not locate buildings or extensive site development features such as
sidewalks, mounded tree lawns, or rock gardens over the location of this permanent easement.
3.The following restrictions:
a.If, during a period of fifty (50) years from January 1, 1992, the grantee intends to sell the
above-described premises, the grantee shall first offer the premises to the City of Ithaca for
the then-appraised value of the premises, including improvements located thereon. The
procedure for this shall be that the grantee would notify the City of its intention to sell the
property. The City would then have the right, within a period of forty-five (45) days after
receiving such notification, to notify the grantee that it wished to have the premises appraised.
The grantee and the City would agree on an appraiser to appraise the premises. In the event
that the parties were unable to agree on such an appraiser, that issue would be resolved by
arbitration. The cost of the appraisal shall be split equally between the grantee and the City.
Within forty-five (45) days after the appraisal is completed, the City would have the option
of purchasing the premises for the then-appraised value. If the City notified the grantee that
it wished to exercise such option, the parties would immediately enter into an agreement for
the City to purchase the property at that price, with the closing to take place within three (3)
months after the signing of the contract. If the City notified the grantee that it wished to have
such an appraisal done but did not exercise its option to purchase the premises for the then-
appraised value, and the grantee thereafter received a bona fide offer to purchase the premises
which the grantee intended to accept, the City would have the right of first refusal to acquire
the property under the terms of that offer. The City would have forty-five (45) days after
receipt by it of a copy of said bona fide offer and notice that the grantee intended to accept
said offer to exercise its right of first refusal. If the grantee advised the City that it intended
to sell the premises and the city chose not to have the premises appraised (with the City being
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responsible for one-half of the cost of the appraisal), the City’s right of first refusal would
automatically be deemed waived.
b.If, during a period of fifty (50) years from January 1, 1992, the grantee sold the premises and
did not within one (1) year from the date of sale open a new, comparable science center at some
other location within the City, the City would have the option of purchasing the premises at the
then-appraised value of the land alone, excluding any improvements placed on the premises.
The value of the land would be determined by an appraisal as provided above. In determining
whether the new science center was a comparable science center, the following factors would
be considered:
i.The comparative sizes of the Sciencenter on the subject premises and the new science
center;
ii.The comparative scope of activity of the Sciencenter on the subject premises and the
new science center;
iii.The activities actually undertaken by the Sciencenter on the subject premises and the
new science center;
iv.The value of the improvements on the subject premises and the value of the
improvements to be used for the new science center; and
v.Whether the new science center was the primary location of the Sciencenter as opposed
to a satellite science center.
c.Any buildings constructed on the subject premises shall not exceed forty (40) feet in height as
such terms are currently defined in Section 325-3 of the City of Ithaca Municipal Code, “Height
of Buildings” (previously Section 30.3(b)(47) of the prior City of Ithaca Municipal Code).
d.If, during a period of fifty (50) years from January 1, 1992, at any time after the construction
of the Sciencenter on the premises, there should be any significant exterior renovations to the
buildings on the premises, the plans for such exterior renovations shall be subject to the
approval of the City of Ithaca.
The above-described premises were previously leased to the grantee by the grantor pursuant to a Lease dated
August 6, 1993, which lease contained an option for the grantee to purchase the premises. That option was
exercised, with the grantee having paid all rent and the full purchase price specified under said option, resulting
in this deed.
The above-described premises are SHOWN on a survey map entitled “Survey Map No. 0 First Street City of
Ithaca, Tompkins County, New York,” prepared by T.G. Miller Associates, P.C., Engineers and Surveyors,
dated June 18, 2013, which map is incorporated herein by reference and intended to be filed concurrently
herewith.
BEING a portion of the same premises conveyed to the City of Ithaca by Warranty Deed of Mary E. Turner,
Samuel B. Turner and Ebenezer T. Turner dated June 28, 1895 and recorded in said Clerk’s Office on July 5,
1895 in Liber 144 of Deeds at page 316.
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Said premises are located on First Street, Ithaca, New York 14850 and are currently designated as City of Ithaca
tax parcel number 25.-2-1.2.
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10.3 Time Warner Cable Northeast LLC Conditional Consent to Transfer Control
of - Resolution
WHEREAS, Time Warner Cable Northeast LLC (“Franchisee”) is the duly authorized
holder of a franchise, the term of which has expired and is pending renewal, as
amended to date (the “Franchise”), authorizing Franchisee to serve the City of Ithaca,
NY (the “Franchise Authority” or the “City”) and to operate and maintain a cable
television system therein (the “System”); and
WHEREAS, Time Warner Cable Inc. (“Time Warner Cable”) is the ultimate parent
company of Franchisee; and
WHEREAS, on February 12, 2014, Time Warner Cable, Comcast Corporation
(“Comcast”) and Tango Acquisition Sub, Inc. (“Tango”), entered into an Agreement and
Plan of Merger (the “Agreement”), pursuant to which Time Warner Cable will merge with
Tango, a wholly-owned subsidiary of Comcast, with Time Warner Cable as the surviving
company, and Time Warner Cable will thereby become a wholly-owned subsidiary of
Comcast (the “Transaction”); and
WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC
Form 394 with the Franchise Authority with respect thereto; and
WHEREAS, the Franchise Authority has considered and approves of the Transaction.
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS
FOLLOWS:
1. The foregoing recitals are approved and incorporated herein by reference.
2. The Franchise Authority consents to the Transaction, subject to each of the
following express conditions, the satisfaction of which shall constitute a
condition precedent to the effectiveness of the Franchise Authority’s consent:
a. Franchisee’s provision of, and commitment to hereafter provide on
thirty days’ notice from the City, financial accounting for the PEG
Access operations within the City, known as PEGASYS, including
revenue receivables such as the PEG fees collected by the Franchisee
within the franchise area, and including staff and equipment
expenditures at the PEG facility in the franchise area.
b. Franchisee’s commitment to maintain open PEG studio time with
appropriate staff present of not less than 24 hours per week, including
during the vacation and other authorized absences of the regular staff
member at the PEG studio.
c. Provision at no charge to all subscribers in the franchise area, in
satisfaction of section 15.1 of the existing Franchise Agreement, of
i. informational materials regarding subscriber ability to access
PEG channels (13, 15, and 16) using digital adapters, and
ii. fully functional digital adapters permitting older television sets to
access said PEG channels, with such functionality to be
determined by the City’s testing of 20 such adaptors, obtained
at random, at least 19 of which must perform with full
functionality on initial test.
d. Maintenance of picture quality equal to or better than the quality
provided by Franchisee immediately prior to the transition from analog
to digital transmission in this area.
e. Provision of equipment for the PEG studio purchased using a given
budget-year’s funds within 60 days of the Franchise Authority’s
Request for the purchase of same.
f. Provision of high speed internet access using budgeted funds for the
PEG Studio.
g. Successful renegotiation of a renewed franchise agreement, and
execution of the same between Franchisee and Franchisor.
3. The Franchise Authority confirms that the Franchise is expired but
remains in force pending negotiation of a renewed Franchise. No certification is made
as to defaults under the Franchise, and any defaults that may at this time exist are not
waived by this Resolution, and may be raised by any legal means, including in further
negotiations related to renewal of the Franchise. Subject to compliance with the terms
of this Resolution, all action necessary to approve the transfer of control of the
Franchisee to Comcast has been duly and validly taken.
4. Comcast or the Franchisee may (a) assign or transfer its assets, including
the Franchise, provided that such assignment or transfer is to an entity directly or
indirectly controlling, controlled by or under common control with Comcast; (b)
restructure debt or change the ownership interests among existing equity participants in
Comcast; (c) pledge or grant a security interest to any lender(s) of Comcast’s assets,
including, but not limited to, the Franchise, or of interest in Comcast, for purposes of
securing any indebtedness; and (d) sell equity interests in Comcast or any of Comcast’s
affiliates.
5. Upon closing of the Transaction, the Franchisee shall remain bound by the
lawful terms and conditions of the Franchise.
6. This Resolution shall be deemed effective upon adoption.
VIA E-MAIL AND OVERNIGHT DELIVERY
May 9, 2014
Mr. Aaron O. Lavine, Esq.
City Attorney, City of Ithaca
City Attorney’s Office
108 East Green Street
Ithaca, New York 14850-5690
Re: Time Warner Cable/Comcast Corporation Transaction
Dear Mr. Lavine:
We are writing in response to the letter we received on May 1, 2014 in connection with the FCC
Form 394 (“Application for Franchise Authority Consent to Assignment or Transfer of Control
of Cable Television Franchise”) that was filed with the City of Ithaca (“City”) for consent to the
transfer of control of the City’s cable system franchisee pursuant to the merger (the
“Transaction”) of Time Warner Cable Inc. (“TWC”) and Comcast Corporation (“Comcast”).
We understand the importance of the City’s review process, and it is our goal that the process be
an efficient and cooperative one. We also appreciate the information you provided regarding the
ongoing renewal process with TWC and recognize the complexity of such renewal discussions.
We firmly believe, however, that the franchise renewal and our request for consent to the transfer
of control of the Franchisee are unrelated. Each is subject to a separate process established by
federal laws and regulations. Because each process involves different procedural rules as well as
substantive criteria, it would be inappropriate to combine them. In addition, it is neither required
nor anticipated that the transfer will impact any ongoing franchise renewal negotiations with the
City. At this time, TWC continues to operate independently, and Comcast is generally limited
by antitrust laws from involvement in renewal negotiations related to TWC franchises.
Accordingly, the Transaction will not impact any renewal negotiations with TWC. Moreover,
the Transaction is a parent company merger which will not have any effect on the obligations of
the Franchisee under the current franchise or any renewed franchise. After the Transaction, the
Franchisee will remain obligated to comply with the terms and conditions of the franchise or any
renewed franchise in the same manner as before the Transaction. Thus, if the franchise is not
renewed at the time of the Transaction, we fully intend to continue to work with the City toward
renewal of the franchise.
Mr. Aaron O. Lavine, Esq.
City Attorney, City of Ithaca
May 9, 2014
Page 2
Without waiving the foregoing, TWC will respond separately to your request to initiate renewal
negotiations with the City.
We would be happy to meet with you to answer any questions that we can and to facilitate
positive dialogue. We will contact you soon to discuss potential dates for such a meeting.
All of us at Comcast are excited about the opportunity to serve your community and we look
forward to working with you toward a successful Application review process. As always, please
feel free to contact me at (215) 286-5585, send an email to klay_fennell@comcast.com, or send a
facsimile to (215) 286-8408.
Sincerely,
Klayton F. Fennell
Vice President, Government Affairs
10.4 IPD – Request to Amend 2014 the Ithaca Police Department Authorized
Budget for Tactical Grant – Resolution
WHEREAS the City of Ithaca Police Department received a federal grant with pass
through to the NYS Division of Homeland Security and Emergency Services in the
amount of $100,000 for the purpose of providing Tactical and SWAT training and
equipment, and
WHEREAS, the $100,000 grant will include the following: Tactical Training, Tactical
Robot, Thermal Imaging, Chemical Suits, Self-Contained Breathing Apparatus and a
Thermal Breaching Unit; now, therefore be it
RESOLVED, That Common Council hereby accepts the Tactical Swat Grant from the
NYS Division of Homeland Security in the amount of $100,000 and amends the 2014
City of Ithaca Police Department authorized budget as follows:
Increase Revenue Account:
A3120-4389-5022 Federal Aid SWAT $100,000
Increase Appropriation Accounts:
A3120-5125-5022 OT SWAT $20,500
A3120-5225-5022 Other Equipment SWAT $79,500
$100,000