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06-03-15 Common Council Meeting Agenda
OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, June 3, 2015, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Presentation Regarding the Rollout of the City’s Body Camera Program By City Attorney Lavine and Ithaca Police Chief Barber 5.2 Commons Project Update – Superintendent of Public Works & Staff 5.3 Dam Project Considerations – Superintendent of Public Works & Staff 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2015 Summer Concert Series on the Ithaca Commons – Resolution City Administration Committee: 8.2 Human Resources – Establishment of Wellness Advisory Committee - Resolution 8.3 Attorney - Request to Authorize Mayor to Submit Home Rule Request for Police Officer Retirement System Change - Resolution 8.4 Youth Bureau (Youth Employment Services) – Request to Amend 2015 Youth Bureau Budget - Resolution 8.5 Department of Public Works - Request to Amend Roster For Fiscal Manager Position - Resolution 8.6 Fire Department – Request to Establish Capital Project for Equipment Acquisition - Resolution 8.7 Fire Department – Request to Amend 2015 Budget for A Donation - Resolution Common Council Agenda June 3, 2015 Page 2 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” In Order To Amend The Required Rear Yard Setback In The MH-1 Zoning District A. Designation of Lead Agency – Resolution B. Declaration of Environmental Significance – Resolution C. Adoption of Ordinance 9.2 Foreclosure Property: Resolution to, Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction A. Designation of Lead Agency – Resolution B. Declaration of Environmental Significance – Resolution C. Resolution 9.3 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1, 401 Lake Street from Public Auction – Action – Resolution A. Designation of Lead Agency – Resolution B. Declaration of Environmental Significance – Resolution C. Resolution 9.4 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-2, 401 Lake Street from Public Auction – Action - Resolution A. Designation of Lead Agency – Resolution B. Declaration of Environmental Significance – Resolution C. Resolution 9.5 Adoption of 2015 Action Plan – Housing and Urban Development (HUD) Entitlement Program - Resolution 9.6 Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake 10. CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law to Establish a Sustainable Energy Loan Program in the City of Ithaca 10.2 Authorizing a Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca - Resolution 10.3 Department of Public Works - Request to Fund Stewart Park Buildings Priority Plan - Resolution 10.4 Attorney - Request for Permanent Easement for 327 Eddy Street Proposed Encroachment - Resolution 10.5 Department of Public Works - Authorization of a New Master Agreement for the Cayuga Waterfront Trail – Phase 2 - Resolution 10.6 Mayor’s Office – Request to Approve Funding Match for TIGER VII (Transportation Investment Generating Economic Recovery) Grant Application - Resolution 10.7 City Controller’s Report Common Council Agenda June 3, 2015 Page 3 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointments to Various Boards and Committees – Resolution 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 6, 2015 Common Council Meeting Minutes – Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: May 28, 2015 1 ITHACA POLICE DEPARTMENT GENERAL ORDER I. PURPOSE The purpose of this order is to establish the rules for the use and operation of body-worn cameras by members of the Ithaca Police Department, including the measures required to secure and safeguard digital evidence captured by the cameras. The use of cameras is intended to assist officers in the performance of their duties, increase transparency and accountability of IPD operations, and gather evidence for use in the prosecution of crimes. II. DEFINITIONS Law Enforcement Operations: includes Patrol Activities, responding to calls for service, traffic stops, arrests, searches, pursuits, physical or verbal confrontations, execution of warrants, and actively engaging in SWAT and/or CINT operations, but excludes training operations and those investigatory activities normally carried out exclusively by officers assigned to the Investigative Division. Patrol Activities. Those duties and responsibilities assigned to members of the Patrol Division in GO-3047 Patrol Operations, but only insofar as those duties and responsibilities involve purposeful interaction with one or more particular members of the public. III. POLICY It is the policy of the Ithaca Police Department for officers to activate the recording function of body-worn cameras when engaged in Law Enforcement Operations. A. Assignment of Cameras. EFFECTIVE DATE __/__/2015 GO-595 ISSUED BY: John R. Barber Chief of Police SUBJECT Body-Worn Cameras # OF PAGES: 6 DATE OF REVIEW: Rescinds: Amends: LEAP: __ Last updated: n/a 2 Every officer assigned to the Patrol Division must wear a body camera when on duty, and all other officers must wear a body camera when it is reasonably expected that the officer will engage in Law Enforcement Operations during the officer’s shift. In addition, every IPD officer assigned to SWAT or CINT operations must wear a body camera when responding to a call for those services. An officer wearing a camera must activate the recording function of the camera as required by this General Order. An officer who is called in to work must first report to IPD to pick up a camera, or otherwise obtain a camera, if he or she reasonably expects to engage in Law Enforcement Operations in response to the call-in. Officers called in to respond to an emergency or when time is of the essence are not required to obtain a camera from IPD before responding if the officer being called in is so notified by his or her commanding officer. In the unlikely event that the Department is unable to make a functioning body camera available to an officer otherwise required by this General Order to wear a body camera, said officer may be excused from wearing a body camera only in writing (including by email) either (a) by the Chief or a Deputy Chief of Police for a narrowly-specified period of time, or (b) by said officer’s shift commander, for a period not to exceed 18 hours, with simultaneous written notice to (i.e., copying on an email) the Chief or a Deputy Chief of Police. B. Maintenance of Cameras. If an officer is required to wear a body camera by this General Order, he or she must inspect the body camera and associated equipment prior to going into service. The officer must test the camera in accordance with manufacturer specifications and departmental training at the start of each shift. This testing includes: Verifying that the camera is functional and the battery is charged. Ensuring that the device is properly placed or affixed for use. After testing and evaluation, the Chief of Police will determine the body location where a body camera must be worn, and this General Order will be revised accordingly. At the end of the officer’s shift, the camera must be secured and charged in accordance with manufacturer specifications and departmental training. If a camera is found to be malfunctioning, it must be removed from service and the shift commander notified as soon as reasonably possible. C. Activation of Recording. Unless an exception listed in this General Order applies, an officer must activate the recording function of the officer’s camera at the beginning of each Law Enforcement Operation in which the officer engages. This General Order is not 3 intended to describe every situation in which a body camera may be used; unless recording is prohibited by this General Order, an officer may begin recording any time the officer believes it would be appropriate and/or valuable to do so. Informal, non-law enforcement interactions with members of the public (for example, interacting with a person asking for directions) are not Law Enforcement Operations and need not be recorded. However, if the interaction becomes problematic or adversarial, the officer must begin recording when it is safe to do so. When responding to a call for service, recording must begin when the officer starts to proceed to the call for service (for example, when the officer notifies dispatch that the officer is responding). Recording of other Law Enforcement Operations must begin at the beginning of the Operation. Recordings should be made on a per-Operation basis. Officers should not record between Operations. When an officer fails to activate or achieve the required duration of a recording in a circumstance where recording is required by this General Order, or experiences a camera malfunction that prevents recording, the officer must (i) promptly inform their commanding officer, (ii) document and explain the failure or malfunction in the police report for that incident and any others similarly impacted, and (iii) unless otherwise ordered by their commanding officer due to exigent circumstances, thereafter obtain a functioning body camera before engaging in additional Law Enforcement Operations. Officers are prohibited from recording: Other IPD personnel during routine, non-Law Enforcement Operations In IPD headquarters or the SWAT Command Center unless either: (i) recording is required by a court order or authorized as part of an administrative or criminal investigation; or (ii) the officer is actively engaging with a subject in custody, a complainant, or a witness. D. Duration of Recording. Once recording is required to begin, recording must continue until: (i) the conclusion of the officer’s participation in the Operation, incident, or encounter, unless a supervisor authorizes on camera1 that recording may cease on the basis that the supervisor reasonably concludes that the officer’s upcoming participation will be non-substantive in nature for a sustained period of not less 1 This requirement is satisfied where the camera captures the officer receiving via oral communication device (i.e., by phone or radio) the necessary supervisory authorization, including as necessary the officer repeating in real time for the camera’s benefit the identity and approximate substance of the supervisor’s oral communication. 4 than thirty minutes2 (for example, conducting traffic direction at a crime scene already brought under control); or (ii) one of the exceptions in this General Order applies. Recording may be discontinued at the officer’s discretion when: Interviewing a victim where the victim’s privacy may be at issue, including but not limited to victims of rape and domestic abuse, or where the victim is non- or partially-clothed. Where this exception may apply, officers should consider seeking to divert the camera away from the victim or obscuring the lens, if the victim is agreeable to audio recording. Interviewing a witness who fears retaliation for cooperating with police, or refuses to cooperate unless the camera is turned off. Conducting investigative interviews with Confidential Informants. The officer has completed his or her engagement with each subject at the scene, at least on an interim basis, and exited the vicinity of each subject. (This may apply where, for instance, the officer needs to discuss issues regarding the Operation with another officer in private.) In this case, recording must resume if the officer reenters the vicinity of a subject or otherwise resumes engaging with a subject. Before stopping a recording, the officer must state on the recording the reason(s) for stopping. This requirement is satisfied where the camera captures the officer informing dispatch of the completion of the call for service by radio or the Spillman record system. Officers are not required to inform members of the public that they are recording, but must disclose that they are recording if asked by any individual other than by a suspect or in the presence of a suspect. E. Maintenance of and Access to Videos. Once a camera and storage system is selected, this General Order will be revised to include additional details regarding the downloading and tagging of videos. All recordings made during an officer’s shift shall be uploaded to the storage system at the end of an officer’s shift, and shall be tagged by that officer within [96 hours] of upload. If there is a circumstance when this cannot be accomplished, a supervisor must be notified. In the event of an officer-involved shooting (whether the individual shot is an officer or non-officer), in-custody death, or other incident involving an officer that results in a non-officer’s serious bodily harm or death or during which an officer discharges his or her weapon, the highest ranking officer at the scene (or such other person designated by the Chief of Police or his or her designee) is 2 The sustained period is as anticipated by the supervisor at the time of authorization. If an officer engages in substantive participation during or after that period of time, such participation shall constitute a Law Enforcement Operation, and the officer must resume recording. 5 responsible for taking possession of the cameras of all officers at the scene at the time of the incident at the conclusion of the recording by each camera as allowed by this General Order, and preserving the evidence on the cameras for later review. Video recordings from the cameras will be retained as follows. All videos shall be retained for six months after the date of recording and then automatically deleted, unless this General Order requires a longer retention period. Videos related to felonies. All footage associated with a felony shall be made part of the case investigative record, and retained in accordance with the MU-1 schedule promulgated by the New York State Department of Education (“MU-1 Schedule”) (from 25 years to permanent, depending on the crime). Videos related to misdemeanors. o All videos associated with misdemeanor arrests, and any non- arrest footage associated with DWI stops and sobriety tests, shall be made part of the case investigative record and retained for the five-year period required by the MU-1 Schedule. o Any other video associated with misdemeanors shall be made part of the case investigative record only if IPD personnel, designated by the Chief of Police or his or her designee, deem the video sufficiently probative of the misdemeanor to merit inclusion in the investigative record. Videos associated with violations and traffic infractions. Such a video shall only be made part of the case investigative record if IPD personnel, designated by the Chief of Police or his or her designee, deem the video sufficiently probative of the matter to merit inclusion in the investigative record. Videos made part of a case investigative record shall be retained for the one-year period required by the MU-1 Schedule. Videos related to investigations into officer handling of incidents (including in connection with a complaint filed before the Community Police Board). These videos shall be retained as long as any associated Community Police Board complaint is required to be retained, or if there is no such complaint, until the completion of any associated legal or administrative proceedings following the investigation. Videos will ordinarily be retained using an online cloud system, but may be maintained on other systems or media under IPD’s control. Videos that are made part of a case investigative record may be removed from an online cloud system (a) upon the expiration of the required retention period, or (b) once burned on a disc or stored on other systems or media under IPD’s control in order to minimize data storage costs. All recordings are the property of the City of Ithaca. Access to the videos, whether made part of a case investigative record or otherwise, shall be limited. IPD personnel are prohibited from accessing, tampering with, editing, copying, 6 and/or uploading to any device or website, any video except in accordance with the performance of their official duties. Notwithstanding other provisions of this General Order, access to videos related to an officer-involved shooting (whether the individual shot is an officer or non-officer), in-custody death, or other incident involving an officer that results in a non-officer’s serious bodily harm or death or during which an officer discharges his or her weapon, or allegations of criminal actions or misconduct by an officer, shall be restricted to individuals authorized by the Mayor or Chief of Police. Except in accordance with the Freedom of Information Law or as required by other law of mandatory applicability, no other individuals shall have access to or be provided with any videos except for the Tompkins County District Attorney’s Office and any individuals authorized by the Mayor or Chief of Police. When a video is responsive to a Freedom of Information Law request, it will be reviewed prior to release and may be withheld or redacted for the same reasons as other police records (including for reasons of personal privacy). An officer may review video footage prior to making a statement about a recorded incident that may be used in a legal or administrative proceeding. Recordings may be used in support of criminal or disciplinary charges, as well as for training or instructional purposes. F. Training. Standards for training officers and other IPD personnel in the use and maintenance of the cameras and related hardware and software will be developed. All officers and supervisors will be trained regarding the operation of body cameras. Supervisors are responsible for ensuring the cameras assigned to the officers reporting to them are in working order, and that each officer is using the camera and related software in accordance with departmental policy and training. This General Order shall be included in the training materials. Each officer shall sign a form acknowledging his or her participation in the training session and receipt of this General Order. Until he or she successfully completes the training, an officer may not wear or operate a body camera other than for training purposes, which training may not occur while the officer is engaged in Law Enforcement Operations. __________________________ John R. Barber Chief of Police 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Request of Downtown Ithaca Alliance to Offer for Sale and Consumption - Wine and Beer During the 2015 Summer Concert Series on the Ithaca Commons – Resolution WHEREAS, the City Clerk has received a request to allow the Downtown Ithaca Alliance to offer for sale and consumption wine and beer during the 2015 Summer Concert Series on the Ithaca Commons, and WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and Secondary Commons, including the sale and consumption of wine and beer during the 2015 Summer Concert Series, and WHEREAS, it is Common Council's responsibility to determine whether or not to allow the serving and consumption of alcohol on the Primary and Secondary Commons; now, therefore be it RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and consumption of wine and beer during the 2015 Summer Concert Series on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or consumption of wine and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance shall, per the advice of the City Attorney, agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00, and shall provide evidence of such insurance to the City Clerk. 8. CONSENT AGENDA ITEMS – CONTINUED City Administration Committee: 8.2 Human Resources – Establishment of Wellness Advisory Committee - Resolution WHEREAS, physical health or wellness is a personal asset that frees one to concentrate on work, family, relationships, and hobbies; and WHEREAS, wellness is a dynamic process of learning new life skills and becoming aware of and making conscious choices toward a balanced and healthy lifestyle; and WHEREAS, wellness cannot be guaranteed by any set of actions, wellness can be improved and increased by personal choices; and WHEREAS, workplace environment, policies, and incentives can support and provide awareness for wellness choices; and WHEREAS, Article 47 of the New York State Insurance Law requires and envisions a partnership between employer and employees in directing their health insurance; and WHEREAS, employer and employees are collaborating to fund Health Insurance; and WHEREAS, the cost of health insurance and personal time lost in doctors’ offices are both directly reduced when its members are in good health; now, therefore be it RESOLVED, That the City of Ithaca seeks to become an active partner with staff in raising healthy choice awareness, promoting healthy behaviors by providing information and opportunities, and facilitating wellness action steps; and, be it further RESOLVED, That the City of Ithaca establishes a Wellness Advisory Committee that shall consist of employee volunteers charged with promoting health and wellness of staff and their family through education and program initiatives that: Encourage habits of wellness Increase awareness of factors and resources contributing to well-being Inspire and empower individuals to take responsibility for their own health Recommend action steps to create a workplace culture that encourages environmental and social support for healthy lifestyle choices And, be it further RESOLVED, That the City of Ithaca’s Human Resources Department oversees the Wellness Advisory Committee and will report progress and activities to the City Administration Committee on a quarterly basis. 8.3 Attorney - Request to Authorize Mayor to Submit Home Rule Request for Police Officer Retirement System Change - Resolution WHEREAS, the Common Council unanimously passed a resolution on March 4, 2015, authorizing the Mayor to submit a home rule request in support of legislation in the New York State Assembly and New York State Senate that would allow Officer Christopher Cady to change his enrollment in the Police and Fire Retirement System from a Tier 6 member in the Section 384-d Plan, to a Tier 3 member in the Section 384 Plan; and WHEREAS, legislation to permit this change has been subsequently introduced as Assembly Bill A6781 and Senate Bill S4645, and the fiscal note provided by the Retirement System does not impose any cost on the City in connection with this legislation; and WHEREAS, on May 18, 2015, the office of Senator Thomas F. O’Mara requested that Council pass a resolution authorizing the Mayor to submit the home rule request now that the state legislation has been introduced; and WHEREAS, additional background information is contained in the March 4, 2015, resolution; now, therefore be it RESOLVED, That the Mayor is authorized to request that the New York State Assembly and the New York State Senate enact the legislation as previously introduced; and, be it further RESOLVED, That the Mayor or his designee is authorized to sign and submit any documentation or related paperwork that may be required to secure this home rule legislation and allow Officer Cady to change to the Section 384 plan. 8.4 Youth Bureau (Youth Employment Services) – Request to Amend 2015 Youth Bureau Budget - Resolution WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $151,558.74 in new funding for the Tompkins County Summer Youth Employment Services Program; and WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2015 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board: A7310-4820-1200 Youth Development Administration $1,000.00 A7310-4820-1202 Youth Employment Service $142,845.64 A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: A7310-5460-1202 Program Supplies $1,000.00 A7310-5120-1202 Part time/Seasonal $117,838.25 A7310-5125-1202 Overtime $5,000.00 A7310-5425-1202 Office Supplies $1,125.30 A7310-5445-1202 Travel & Mileage $500.00 A7310-5460-1202 Program Supplies $1,532.00 A7310-5120-1400 Part time/Seasonal $849.00 A7310-5405-1400 Telephone $777.00 A7310-5420-1400 Gas & Oil $500.00 A7310-5425-1400 Office Expense $700.00 A7310-5437-1400 Merchant Service $750.00 A7310-5460-1400 Program Supplies $2,090.00 A7310-5476-1401 Equipment Maintenance $401.00 A7310-5480-1401 Building Maintenance $1,507.20 A7310-9030 FICA/Medicaid $9,465.00 A7310-9040 Workers’ Compensation $523.99 Total $151,558.74 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: Suki Tabor, Deputy Director Liz Vance, Director Re: Youth Bureau Budget Amendment Date: May 15, 2015 We have been advised, by the Tompkins County Workforce Investment Board that we will receive $151,558.74 in funding for Tompkins Summer Youth Employment Program. Although we are awaiting final confirmation, we are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2015 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from Tompkins County Workforce Investment Board Account # A7310-4820-1200 Youth Development Administration $1,000.00 Account # A7310-4820-1202 Youth Employment Service $142,845.64 Account # A7310-4820-1400 Administration $7,713.10 Total $151,558.74 Increase expenses: Account # A 7310-5460-1200 Program Supplies $1,000.00 Account # A 7310-5120-1202 Part time/Seasonal $117,838.25 Account # A 7310-5125-1202 Overtime $5,000.00 Account # A 7310-5425-1202 Office Supplies $1,125.30 Account # A 7310-5445-1202 Travel & Mileage $500.00 Account # A 7310-5460-1202 Program Supplies $1,532.00 Account # A 7310-5120-1400 Part time/Seasonal $849.00 Account # A 7310-5405-1400 Telephone $777.00 Account # A 7310-5420-1400 Gas & Oil $500.00 Account # A 7310-5425-1400 Office Expense $700.00 Account # A 7310-5437-1400 Merchant Service $750.00 Account # A 7310-5460-1400 Program Supplies $2,090.00 Account # A 7310-5476-1401 Equipment Maintenance $401.00 Account # A 7310-5480-1401 Building Maintenance $1,507.20 YES Fringe Benefits $16,850.09 Admin. Fringe Benefits $138.90 Total $151,558.74 Thank you. “An Equal Opportunity Employer with a commitment to workforce diversification.” 8.5 Department of Public Works - Request to Amend Roster - Fiscal Manager Position - Resolution WHEREAS, the Department of Public Works is the largest department in the City of Ithaca, with a complex funding and accounting structure including six (6) funds (General Fund, Water Fund, Sewer Fund, Solid Waste Fund, Sidewalk Fund and Stormwater Fund) and 62 separate accounts throughout its four divisions; and WHEREAS, the Department of Public Works receives various revenue streams from Water and Sewer billings, Streets and Facilities billings, Newman Golf Course, and parking revenues, and from outside sources such as the Consolidated Highway Improvement Program (CHIPS); and WHEREAS, the Department of Public Works is currently supported by one Administrative Coordinator, one Financial Clerk, and two Financial Management Assistants, with one open funded position previously held by a recently retired Financial Management Assistant; and WHEREAS, the Superintendent of Public Works has identified the need for developing consistent financial and accounting procedures within its four divisions for matters concerning billing, budget preparation, cost tracking, cost reporting, payroll, and budget planning, and that this consistency can be achieved through a Fiscal Manager position to supervise existing financial and accounting staff; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Fiscal Manager Delete: One (1) Financial Management Assistant And, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E., Superintendent Telephone: 607/274-6531 Fax: 607/274-6587 TO: Common Council Svante Myrick Steve Thayer FROM: Michael J. Thorne, P.E. Superintendent of Public Works DATE: May 20, 2015 RE: Fiscal Manager Position for Department of Public Works Dear Council Members, A recent employee retirement has opened up a Financial Management Assistant position in our Streets and Facilities division. However, due to the complexity of the Department of Public Works organization, its budget, funding sources, revenue sources, and operating accounts, I would like to replace this position with the higher level position of Fiscal Manager. There are several reasons for this request: The DPW has six funding sources to manage: 1) General Fund, 2) Water Fund, 3) Sewer Fund, 4) Solid Waste Fund, 5) Sidewalk Improvement District Funds, and 6) Stormwater Fund. Most of these funds have special accounting requirements, and are intertwined within the 62 operating accounts that DPW manages. Other than myself, there is no single position within the DPW to oversee our entire financial picture. In addition to the funding sources, the Department has various revenue streams and State funding sources that need to be accounted for, including revenue from departmental billings, Golf Course, parking, and CHIPS funding. Because there is not a single point of contact for financial matters in the Department, there is a lack of consistency in how each division (Streets and Facilities, Water and Sewer, Engineering, and Parking) bills work, prepares budgets, tracks budgets and job costs, and collects cost data for future budget planning. Currently, Water and Sewer (W&S) has three employees that work on financial issues: 1 Administrative Coordinator and 2 Financial Management Assistants. Streets and Facilities (S&F) has 1 Financial Clerk and 1 open Financial Management Assistant. Our current proposal would move 1 Financial Management Assistant from W&S to cover the open position in S&F. The Fiscal Manager would then oversee 1 Administrative Coordinator and 1 Financial “An Equal Opportunity Employer with a commitment to workforce diversification.” Page 2 May 20, 2015 RE: Fiscal Manager Position for DPW Management Assistant in W&S, and 1 Financial Management Assistant and 1 Financial Clerk in S&F. The Fiscal Manager would support the Assistant Superintendents in W&S and S&F, but report directly to the Superintendent of Public Works. Funding for the Fiscal Manager fits into the DPW’s current budget. Our recently retired Financial Management Assistant was paid near the top of the pay grade at approximately $45,000. The entry level salary range for a Fiscal Manager is between $43,000 and $48,000. 8.6 Fire Department – Request to Establish Capital Project for Equipment Acquisition - Resolution WHEREAS, the Ithaca Fire Department has applied for and received notice of award of a grant through the U.S. Department of Homeland Security under the 2014 Assistance to Firefighters Grant Program in the amount of $455,000.00; and WHEREAS, the grant requires the City to contribute a local cost of $41,363.00, with the Federal cost share of $413,637.00; and WHEREAS, the grant will provide funding to purchase 65 Self-Contained Breathing Apparatus (SCBA) for the Fire Department; and WHEREAS, the 2015 authorized Fire Department budget included $44,850.00 for the purchase of SCBA and will be used for the local grant match; now, therefore be it RESOLVED, That Common Council hereby establishes Capital Project #819 Fire Department Equipment Acquisition in the amount of $455,000.00 for the purpose of said SCBA purchase; and, be it further RESOLVED, That the sources of funds for said Capital Project shall be: A3410-5225-12250 Fire Dept. Other Equipment $41,363.00 US Department of Homeland Security Assistance to Fire fighters Grant $413,63.00 $455,000.00 8.7 Fire Department – Request to Amend 2015 Budget for Donation - Resolution WHEREAS, the Ithaca Fire Department has received an anonymous donation in the amount of $24,000.00 to be used by the department to purchase a Fire Suppression Skid Unit; and WHEREAS, this firefighting vehicle will be used in various aspects of the department’s operations and has an estimated cost of $27,000.00; and WHEREAS, the additional funds needed of $3,000.00 will be derived from existing equipment funds in the Fire Department’s 2015 authorized operating accounts; now, therefore be it RESOLVED, That Common Council hereby accepts the $24,000.00 anonymous donation and amends the 2015 authorized Fire Department budget for the purchase of said firefighting vehicle as follows: Increase Revenue Account: A3410-2705 Gifts and Donations $24,000.00 Increase Appropriation Account: A3410-5225-12250 Other Equipment $24,000.00 And, be it further RESOLVED, That the additional $3,000.00 needed to purchase the firefighting vehicle shall be derived from existing equipment funds in the Fire Department’s 2015 authorized budget; and, be it further RESOLVED, That Common Council hereby gives a heartfelt “Thank You” to the anonymous donor for the funds. 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” In Order To Amend The Required Rear Yard Setback In The MH- 1 Zoning District A. Designation of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore, be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to Amend the Setback Requirements of the Mobile Home (MH-1) Zoning District in Order to Reduce the Rear Yard Setback Requirement to 10’ and to Eliminate the Requirement that States that No Mobile Home May Locate Within 50’ of Any Existing Right of Way or Within 30 Feet of Any Other Property Line. B. Declaration of Environmental Significance – Resolution WHEREAS, The Common Council is considering to amend the MH-1 zoning district in order reduce the rear yard setback requirement to 10’ and to eliminate the requirement that states that no mobile home may locate within 50’ of any existing right of way or within 30’ of any other property line, and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Short Environmental Assessment Form (SEAF), dated April 22, 2015, and WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental Quality Review Ordinance, and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Short Environmental Assessment Form, dated April 22, 2015, and be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary, and be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. C. Adoption of Ordinance WHEREAS, the City of Ithaca has one area zoned for mobile homes, Nate’s Floral Estates, located in the Southwest Area of the City, and WHEREAS, the current MH-1 Zoning District restricts mobile home parks from locating any new mobile homes within 50 feet on any existing public way or within 30 feet of any other existing property line, and WHEREAS, when the MH-1 district was established the required setback was intended to create a visual buffer between the commercial property and the mobile home residential area, and WHEREAS, as a part of the approved site plan for Lowe’s, Benderson, the property owner, was required to place and maintain a wood fence along the property line between Nates Floral Estate, with an additional 60 foot vegetative storm water retention swale on the commercial side of the fence, and WHEREAS, the vegetated swale and fence create a visual buffer between the commercial property and Nate’s, and WHEREAS, increased property taxes, the scarcity of quality affordable housing, and the desire to live in the City, have created a renewed interest and demand for mobile home sites, and WHEREAS, given that physical buffers exist to provide visual protection to the residential area from the commercial district, and given that there is a high demand for additional mobile homes on the one mobile home park in the City, Planning staff has recommended removing the additional setback requirement and reducing the rear yard setback requirement to 10’, therefore ORDINANCE NO. BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-8, of the Municipal Code of the City of Ithaca is hereby amended in order to amend the district regulations chart, column 11, yard dimensions, in order to eliminate the front yard setback requirement in the MH-1 district, that states that no mobile home may be located within 50 feet of any existing public right of way or within 30 feet of any other property line; and to amend column 14/15, rear yard setback in order to reduce the required setback from 20% or 25’ to 10’ in the MH-1 zoning district. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. BACK-UP ITEM 9.1 CITY OF ITHACA SHORT ENVIRONMENTAL ASSESSMENT FORM (SEAF) Project Information (to be completed by applicant or project sponsor) 1. Applicant/Sponsor: City of Ithaca 2. Project Name: Amendment to Setback Requirements in MH-1 Zoning District 3. Project Location: MH-1 Zoning District 4. Is Proposed Action: New Expansion Modification/Alteration 5. Describe project briefly: Proposed amendment is to eliminate the front yard setback requirement in the MH-1 district that states that mobile homes cannot locate within 50 feet of any public right of way or within 30 feet of any other existing property line; and to also reduce the rear yard setback to a 10-foot minimum 6. Precise Location (road intersections, prominent landmarks, etc., or provide map): MH-1 Zoning District 7. Amount of Land Affected: Initially: ~30 Acres Ultimately: ~30 Acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? Yes No If no, describe briefly: Action is an amendment to the current zoning requirements 9. What is present land use in vicinity of project: Residential Industrial Agricultural Parkland/Open Space Commercial Other _________________ Describe: 10. Does action involve a permit/approval or funding, now or ultimately, from governmental agency (federal/state/local): Yes No If yes, list agency name and permit/approval type: Common Council Adoption 11. Does any aspect of the action have a currently valid permit or approval? Yes No If yes, list agency name and permit/approval type: 12. As a result of proposed action, will existing permit/approval require modification? Yes No I certify the information provided above is true to the best of my knowledge. PREPARER'S SIGNATURE: ____________________________ DATE: __4/22/15_ PREPARER'S TITLE: __Senior Planner_______________________________ REPRESENTING: ___City of Ithaca__________________________________ SHORT ENVIRONMENTAL ASSESSMENT FORM Part II To Be Completed By Staff In order to answer the questions in this Short Environmental Assessment Form (SEAF), the preparer is to use currently available information concerning the project and the likely impacts of the action. Yes No 1. Will project result in a large physical change to the project site or physically alter more than one acre of land? □ X 2. Will there be a change to any unique or unusual land form found on the site or to any site designated a unique natural area or critical environmental area by a local or state agency? □ X 3. Will the project alter or have any effect on an existing waterway? □ X 4. Will the project have an impact on groundwater quality? □ X 5. Will the project affect drainage flow on adjacent sites? □ X 6. Will the project affect any threatened or endangered plant or animal species? □ X 7. Will the project result in an adverse effect on air quality? □ X 8. Will the project have an effect on visual character of the community or scenic views or vistas known to be important to the community: □ X 9. Will the project adversely impact any site or structure of historic, pre-historic, or paleontological importance or any site designated a local landmark or in a landmark district? □ X 10. Will the project have an effect on existing or future recreational opportunities? □ X 11. Will the project result in traffic problems or cause a major effect to existing transportation systems? □ X 12. Will the project cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the project's operation during construction or after completion? □ X 13. Will the project have any impact on public health or safety? □ X 14. Will the project affect the existing community by directly causing a growth in permanent populations of more than 5 percent over a one-year period OR have a negative effect on the character of the community or neighborhood? □ X 15. Is there public controversy concerning the project? □ X If any question has been answered YES, a completed Full Environmental Assessment Form (FEAF) is necessary. PREPARER'S SIGNATURE: ____________________________________ DATE: _4/22/15___ PREPARER'S TITLE: ___Senior Planner ___________________________________________ REPRESENTING: ______ City of Ithaca ____________________________________________ SOUTH FULT O N S T R E E T C E C I L A M AL O N E D R I V E CHERRY STREET C H E R R Y S T R E E T 2.1 acres2.6 acres 30' setback from Property Line feet 6003000 101.-1-1.11 78.-3-6 101.-1-1.13 I-1 Adult Us SW-2 SW-1 MH-1 WF-2 100.-3-1 102.-1-2.1 102.-1-2.3 102.-1-2.4 117.-1-1.2 117.-1-2.1 117.-1-2.2 117.-1-3 117.-1-4 117.-1-5 117.-1-6118.-1-1.3 118.-1-2.1 118.-1-2.2 118.-1-2.3 118.-1-2.4 118.-1-2.5 525.-6-1 77.-6-1.1 77.-6-2 77.-6-3 78.-1-1.277.-3-1 77.-4-1 77.-4-2 78.-2-4 78.-2-6 78.-3-1 78.-3-2 78.-3-7 79.-1-2.1 79.-10-1 79.-2-1.2 95.-1-1.1 95.-1-1.2 96.-2-1.1 96.-2-1.21 96.-2-1.22 96.-2-1.23 96.-2-1.3 96.-2-1.4 96.-2-1.5 96.-2-1.8 96.-2-1.9 96.-2-6 96.-2-7 MH-1 ZONING DISTRICT NY State Plane, Central GRS 80 Datum Map Source: Tompkins County Digital Planimetric Map 1991-2014 Map Prepared by: GIS Planning, City of Ithaca, NY, 26 March 2015 . Legend MH-1 BuildingsParcel Boundaries SW-1 SW-2 9.2 Foreclosure Property: Resolution to Withhold Tax Parcel #110.-5-9, Mulberry Street from Public Auction A. Designation of Lead Agency – Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, due to its location within the Six Mile Creek Natural Area and close proximity to Six Mile Creek, action to acquire or sell the Mulberry Street parcel is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #110.-5- 9, Mulberry Street, from the public auction. B. Declaration of Environmental Significance – Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #110.-5-9, Mulberry Street, from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. Tax Foreclosure Property: Resolution to Withhold Tax Parcel #110.-5-9, Mulberry Street from Public Auction WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #110.-5-9, Mulberry Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located within the Six Mile Creek Natural Area, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #110.-5-9, Mulberry Street, from the auction and retain it for “public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area”, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #110.-5-9, Mulberry Street, from the public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Six Mile Creek Natural Area, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #110.-5-9, Mulberry Street. BACK-UP ITEM 9.2 ,9.3, and 9.4 Natural Areas Commission Recommendation to Withhold Certain Properties Acquired Through Tax Foreclosure from Public Auction (Approved Unanimously on May 5, 2015) WHEREAS, the Natural Areas Commission (NAC) for the City of Ithaca is charged with advising various City entities (including “the appropriate committee of Common Council”) of threats to the natural areas of the City, as well as opportunities to improve their protection; and WHEREAS, the NAC is aware that three properties adjacent to designated natural areas in the City are subject to imminent foreclosure for non-payment of taxes: - Tax Parcel 110-5-9 (vacant; entirely surrounded by the Six Mile Creek Natural Area); - Tax Parcel 12-1-1 (vacant; adjacent to Lake Street and the Ithaca Falls Natural Area); and - Tax Parcel 12-1-2 (includes house; adjacent to Lake Street and the Ithaca Falls Natural Area); and WHEREAS, regarding the properties adjacent to the Ithaca Falls Natural Area, the NAC has concerns based on the following: 1. Ithaca Falls is the City’s iconic front door - a premier natural attraction and a perennial favorite destination for neighbors, other local residents, visitors and tourists. 2. The City is in process of undertaking enhancements intended to improve the accessibility and functionality of the Lake Street entrance to the Ithaca Falls area. Proposed work includes adding a concrete walkway and falls overlook, installing metal guardrails behind the existing stone retaining wall, installing a movable gate to discourage access to the Falls itself during times when it could be unsafe, replacing the existing bike racks, adding an accessible curb ramp, improving the landscaping, and other site improvements. In order to secure this investment, the immediately surrounding and visible land should be protected, including the viewshed of the Falls overlook. 3. The City, Tompkins County and New York State have all recognized the value, importance and ecological sensitivity of Ithaca Falls and the broader Fall Creek corridor, by supporting designation of the corridor as a Recreational River, by designating much of the corridor as a Unique Natural Area, and, in the City’s case, by purchasing or otherwise acquiring a number of properties within the corridor, including the dramatic overlook area to be created on the “island” between Fall Creek and the former raceway, on the former Ithaca Gun site. In addition, The 2020 Tompkins County Strategic Tourism Plan emphasizes the key role that local gorges, creeks and waterfalls play in bolstering the local tourism economy. 4. The City’s draft, new Comprehensive Plan calls for the entire Ithaca Falls/Recreational River area – including both parcels in question - to be part of a new, Conservation District for environmentally sensitive areas. [Page 17] The draft Plan calls for gorges throughout the City to be protected “to ensure their continuation as critical natural assets for current and future use,” for steep slopes (which are a prominent feature of Parcel 12-1-1) to be preserved to protect environmentally sensitive areas and to enhance the character and aesthetics of the city,” and for “opportunities for additional green space [in the City] to be strategically considered.” [Page 54] 5. The two tax-delinquent parcels in question are both within the designated Recreational River corridor for Fall Creek; Parcel 12-1-1 is within the Unique Natural Area. 6. The City has not fulfilled its obligation to produce and adopt a management plan for the Fall Creek Recreational River corridor, as required by the Department of Environmental Conservation (DEC). 7. Since the Recreational River designation of Fall Creek appears to be unique - with responsibility for administration of the designated area being delegated to the City (rather than the DEC, as is typical), and in the absence of a management plan, it is not clear whether the regulations to be enforced for the corridor are the same as those used by the DEC. Even if the DEC’s regulations are applicable, an area-type variance, and/or a use-type variance, from those regulations, could be granted by the City’s Planning and Development Board. 8. The NAC is concerned that inappropriate new development that would have a negative impact on the beauty and character of the resource could occur on one or both parcels. It seems likely that a new buyer would wish to redevelop the properties, in a more intensive way (e.g., consistent with their current zoning as R- 3b). 9. The NAC believes that the existing, one-bedroom house at 410 Lake Street, while of relatively modest size, already detracts from the beauty and character of the Ithaca Falls Natural Area, by inserting a highly visible, inconsistent, non-natural element into the otherwise spectacular viewshed (from Lake Street, from the entrance area of the Natural Area, and from vantage points and overlooks upstream, including the one to be developed by the City at the “island” site). 10. Assuming that the properties are not redeemed prior to foreclosure, this situation presents a unique and historic opportunity for the City to gain proactive control over the future of these parcels (and the character and potential of the Ithaca Falls area, for the benefit of future generations), at a fraction of the parcels’ value. 11. Allowing one or both of the Fall Creek parcels to be auctioned to the highest bidder at the 2015 tax auction (tentatively scheduled for June) effectively eliminates the option of having no building on these parcels, and does not provide adequate time for either the public to learn about and offer informed feedback on this important issue, or for Common Council and the City to study and consider carefully the situation, and to evaluate the options and their long-term implications. 12. The high cultural, economic, natural area value, and sensitive location of these parcels signifies the importance of this land and warrants designation as parkland, with the overlay of natural area designation. It is clear from the Recreational River Designation that the City has recognized the importance of this land. Parkland designation offers the most protective, long-term approach to maintaining the natural character of a resource as it cannot be "alienated" (i.e., used for or converted to non- park purposes) without an act of the State legislature. A natural area designation is not as protective and can be changed or revoked at any time by Common Council, with no requirement for replacement. and WHEREAS, in preliminary discussions, the County has indicated it may agree to forego taxes due on these parcels if retained by the City for public use, in the total amount of $2,696. (12.-1-1 (vacant) - $900.07; 12.-1-2, (house) - $1,795.94); and WHEREAS, the NAC offers to work with the City to try to find other, creative ways to reduce potential costs associated with City ownership of the properties; NOW THEREFORE, the Natural Areas Commission strongly urges the Planning and Economic Development Committee and the Common Council to take the following steps, as to the three, afore-mentioned properties: 1. Withhold all three properties from the upcoming tax auction. 2. Retain Parcel 110-5-9 for public use, designate it as parkland, and add it to the surrounding Six Mile Creek Natural Area. 3. Retain Parcel 12-1-1 for public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area. 4. As for Parcel 12-1-2 (which includes the house at 410 Lake Street), use the period up until the 2016 tax auction to gather public input and to study and consider the City’s options for this property, including parkland designation and/or inclusion in the Ithaca Falls Natural Area. City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 1 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Yes No Any construction on slopes of 15% or greater (15-foot rise per 100 feet of length) or where general slope in the project exceeds 10%. Yes No Construction on land where depth to the water table is less than 3 feet. Yes No Construction of parking facility/area for 50 or more vehicles. Yes No Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Yes No Construction that will continue for more than 1 year or involve more than one phase or stage. Yes No Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Yes No Construction of any new sanitary landfill. Yes No Construction in designated floodway. Yes No Other impacts (if any): Yes No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? Yes No Specific land forms (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 2 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? Yes No Developable area of site contains protected water body. Yes No Dredging more than 100 cubic yards of material from channel of protected stream. Yes No Extension of utility distribution facilities through protected water body. Yes No Construction in designated freshwater wetland. Yes No Other impacts (if any): Yes No 4. Will project affect any non-protected existing or new body of water? Yes No A 10% increase or decrease in surface area of any body of water or more than 10,000 sq. ft. of surface area. Yes No Construction, alteration, or conversion of body of water that exceeds 10,000 sq. ft. of surface area. Yes No Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake, or Cayuga Inlet? Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 3 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER (cont.) 5. Will project affect surface or groundwater quality? Yes No Project will require discharge permit. Yes No Project requires use of source of water that does not have approval to serve proposed project. Yes No Construction or operation causing any contamination of a public water supply system. Yes No Project will adversely affect groundwater. Yes No Liquid effluent will be conveyed off the site to facilities which do not currently exist or that have inadequate capacity. Yes No Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Yes No Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Yes No Proposed action will require storage of petroleum or chemical products greater than 1,100 gallons. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 4 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER (cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No Project would impede floodwater flows. Yes No Project is likely to cause substantial erosion. Yes No Project is incompatible with existing drainage patterns. Yes No Other impacts (if any): Yes No IMPACT ON AIR 7. Will project affect air quality? Yes No Project will induce 500 or more vehicle trips in any 8-hour period per day. Yes No Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Yes No Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTUs per hour. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 5 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? Yes No Reduction of any species, listed on New York or Federal list, using the site, found over, on, or near site. Yes No Removal of any portion of a critical or significant wildlife habitat. Yes No Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Yes No Other impacts (if any): Yes No 9. Will proposed action substantially affect non-threatened or non-endangered species? Yes No Proposed action would substantially interfere with any resident or migratory fish, or wildlife species. Yes No Proposed action requires removal or more than ½ acre of mature woods or other locally important vegetation. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 6 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? Yes No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current surrounding land use patterns, whether man-made or natural. Yes No Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Yes No Proposed action will result in elimination or major screening of scenic views known to be important to the area. Yes No Other impacts (if any): Yes No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? Yes No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the National or State Register of Historic Places. Yes No Any impact to an archaeological site or fossil bed located within the project site. Yes No Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a landm ark district. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 7 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? Yes No The permanent foreclosure of a future recreational opportunity. Yes No A major reduction of an open space important to the community. Yes No Other impacts (if any): Proposed public ownership of this parcel will protect the natural area and expand recreational opportunities. Yes No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? Yes No Proposed action to locate within a UNA or CEA? Yes No Proposed action will result in reduction in the quality of the resource. Yes No Proposed action will impact use, function, or enjoyment of the resource. Proposed public ownership of this parcel included in UNA-156, Six Mile Creek Valley, will positively impact and protect the UNA and expand opportunities for enjoyment of the resource. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 8 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes No Alteration of present patterns of movement of people and/or goods. Yes No Proposed action will result in major traffic problems. Yes No Other impacts: Yes No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? Yes No Proposed action causing greater than 5% increase in any form of energy used in municipality. Yes No Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- or two-family residences. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 9 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? Yes No Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Yes No Odors will occur routinely (more than one hour per day). Yes No Proposed action will produce operating noise exceeding local ambient noise levels for noise outside of structure. Yes No Proposed action will remove natural barriers that would act as noise screen. Yes No Other impacts (if any): Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Yes No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Yes No Proposed action may result in burial of “hazardous wastes” in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Yes No Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Yes No Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 10 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any residential, commercial, or industrial property in excess of 30,000 square feet. Yes No Other impacts (if any): Yes No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human population. Yes No The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this proposed action. Yes No Proposed action will conflict with officially adopted plans or goals. Yes No Proposed action will cause a change in the density of land use. Yes No Proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Yes No Development will create demand for additional community services (e.g., schools, police, and fire, etc.) Yes No Proposed action will set an important precedent for future actions. Yes No Proposed action will relocate 15 or more employees in one or more businesses. Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #110.-5-9, Mulberry Street, from Public Auction Date Created: 5/7/15 11 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): Yes No 19. Is there public controversy concerning the proposed action? Yes No Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — Tompkins County Property Viewer Map is user generated and is to be used as a reference only. Data layers are not guranteed to be accurate or up-to-date. 2,257 © Tompkins County GIS 376.2 DO NOT USE FOR CONVEYANCE OR NAVIGATION Legend 1: WGS_1984_Web_Mercator_Auxiliary_Sphere Feet0376.2188.08 This map was automatically generated using Geocortex Essentials. Your tax dollars at work! Notes Address Curbs Parcels Tax Map Hydrology Intermittent Streams Perennial Streams Muni Citations 9.3 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1, 401 Lake Street from Public Auction – Action – Resolution A. Designation of Lead Agency – Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, action to acquire or sell #12.-1-1 is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of tax parcel #12.-1-1, Lake Street, from the public auction. B. Declaration of Environmental Significance – Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1 and Part 2, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of tax parcel #12.-1-1, Lake Street, from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. Tax Foreclosure Property, Withhold Tax Parcel #12.-1-1 from Public Auction - Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, #12.-1-1, Lake Street, is proposed to be withheld from public auction, and WHEREAS, the parcel is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends the City withhold tax parcel #12.-1-1 from the auction and retain it for “public use, designate it as parkland, rezone it to P-1, and add it to the adjacent Ithaca Falls Natural Area”, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby directs the Chamberlain to withhold tax map parcel #12.-1-1, Lake Street, from the public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-1, Lake Street. City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 1 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Yes No Any construction on slopes of 15% or greater (15-foot rise per 100 feet of length) or where general slope in the project exceeds 10%. Yes No Construction on land where depth to the water table is less than 3 feet. Yes No Construction of parking facility/area for 50 or more vehicles. Yes No Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Yes No Construction that will continue for more than 1 year or involve more than one phase or stage. Yes No Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Yes No Construction of any new sanitary landfill. Yes No Construction in designated floodway. Yes No Other impacts (if any): Yes No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? Yes No Specific land forms (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 2 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? Yes No Developable area of site contains protected water body. Yes No Dredging more than 100 cubic yards of material from channel of protected stream. Yes No Extension of utility distribution facilities through protected water body. Yes No Construction in designated freshwater wetland. Yes No Other impacts (if any): Yes No 4. Will project affect any non-protected existing or new body of water? Yes No A 10% increase or decrease in surface area of any body of water or more than 10,000 sq. ft. of surface area. Yes No Construction, alteration, or conversion of body of water that exceeds 10,000 sq. ft. of surface area. Yes No Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake, or Cayuga Inlet? Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 3 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER (cont.) 5. Will project affect surface or groundwater quality? Yes No Project will require discharge permit. Yes No Project requires use of source of water that does not have approval to serve proposed project. Yes No Construction or operation causing any contamination of a public water supply system. Yes No Project will adversely affect groundwater. Yes No Liquid effluent will be conveyed off the site to facilities which do not currently exist or that have inadequate capacity. Yes No Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Yes No Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Yes No Proposed action will require storage of petroleum or chemical products greater than 1,100 gallons. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 4 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER (cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No Project would impede floodwater flows. Yes No Project is likely to cause substantial erosion. Yes No Project is incompatible with existing drainage patterns. Yes No Other impacts (if any): Yes No IMPACT ON AIR 7. Will project affect air quality? Yes No Project will induce 500 or more vehicle trips in any 8-hour period per day. Yes No Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Yes No Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTUs per hour. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 5 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? Yes No Reduction of any species, listed on New York or Federal list, using the site, found over, on, or near site. Yes No Removal of any portion of a critical or significant wildlife habitat. Yes No Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Yes No Other impacts (if any): Yes No 9. Will proposed action substantially affect non-threatened or non-endangered species? Yes No Proposed action would substantially interfere with any resident or migratory fish, or wildlife species. Yes No Proposed action requires removal or more than ½ acre of mature woods or other locally important vegetation. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 6 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? Yes No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current surrounding land use patterns, whether man-made or natural. Yes No Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Yes No Proposed action will result in elimination or major screening of scenic views known to be important to the area. Yes No Other impacts (if any): Yes No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? Yes No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the National or State Register of Historic Places. Yes No Any impact to an archaeological site or fossil bed located within the project site. Yes No Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a landm ark district. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 7 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? Yes No The permanent foreclosure of a future recreational opportunity. Yes No A major reduction of an open space important to the community. Yes No Other impacts (if any): Proposed public ownership of this parcel will protect the natural area and expand recreational opportunities. Yes No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? Yes No Proposed action to locate within a UNA or CEA? Yes No Proposed action will result in reduction in the quality of the resource. Yes No Proposed action will impact use, function, or enjoyment of the resource. Proposed public ownership of this parcel included in UNA-134, Ithaca Falls Gorge, will positively impact and protect the UNA and expand opportunities for enjoyment of the resource. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 8 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes No Alteration of present patterns of movement of people and/or goods. Yes No Proposed action will result in major traffic problems. Yes No Other impacts: Yes No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? Yes No Proposed action causing greater than 5% increase in any form of energy used in municipality. Yes No Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- or two-family residences. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 9 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? Yes No Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Yes No Odors will occur routinely (more than one hour per day). Yes No Proposed action will produce operating noise exceeding local ambient noise levels for noise outside of structure. Yes No Proposed action will remove natural barriers that would act as noise screen. Yes No Other impacts (if any): Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Yes No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Yes No Proposed action may result in burial of “hazardous wastes” in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Yes No Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Yes No Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 10 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any residential, commercial, or industrial property in excess of 30,000 square feet. Yes No Other impacts (if any): Yes No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human population. Yes No The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this proposed action. Yes No Proposed action will conflict with officially adopted plans or goals. Yes No Proposed action will cause a change in the density of land use. Yes No Proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Yes No Development will create demand for additional community services (e.g., schools, police, and fire, etc.) Yes No Proposed action will set an important precedent for future actions. Yes No Proposed action will relocate 15 or more employees in one or more businesses. Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: Withhold Tax Parcel #12.-1-1, Lake Street, from Public Auction Date Created: 5/7/15 11 of 11 5/8/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): Yes No 19. Is there public controversy concerning the proposed action? Yes No Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — LEGEND Tax Parcels Primary Commons Zone Secondary Commons Zone Historic District Zoning District Certificate of Appropriatene Buildings Railroad Parcel Border Waterway Park Ci t y o f I t h a c a , N Y 2 0 1 4 Feet 4/6 / 2 0 1 5 Pri nt e d : Da t a c o n t a i n e d o n t h i s m a p w a s p r o v i d e d o r d e r i v e d f r o m d a t a d e v e l o p e d o r co m p i l e d b y t h e C i t y o f I t h a c a , a n d i s t h e b e s t a v a i l a b l e t o d a t e . T h e or i g i n a t o r s d o n o t w a r r a n t t h e a c c u r a c y o r c o m p l e t e n e s s o f t h e i n f o r m a t i o n po r t r a y e d b y t h e d a t a . 171.08 1: 40 1 L a ke S t ree t htt p : / / g e o . t o mpkins-co. o rg/ SL / V iewer.h t ml ? Viewer=cityprop e rties 1, 4 9 3 9.4 Tax Foreclosure Property, Withhold Tax Parcel #12.-1-2, 401 Lake Street from Public Auction – Action - Resolution A. Designation of Lead Agency – Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes and fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, due to its close proximity to Fall Creek and the Ithaca Falls Natural Area, the proposed sale of 401 Lake Street is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review; and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law; and WHEREAS, State Law specifies that the Lead Agency shall be that local agency which has primary responsibility for approving, funding or carrying out the action; and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed withholding of 401 Lake Street, #12.-1-2, from the public auction. B. Declaration of Environmental Significance – Resolution WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees from public auction: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, 401 Lake St. (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as a Type I action under the City Environmental Quality Review Ordinance (CEQRO), which requires environmental review, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Full Environmental Assessment Form, Part 1, Part 2 and Part 3, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed withholding of 401 Lake Street (#12.-1-2) from public auction will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. C. Tax Foreclosure Property, Withhold 401 Lake Street from Public Auction - Action WHEREAS, the City of Ithaca Common Council is considering retention of the following parcels scheduled to be acquired through foreclosure for nonpayment of taxes/fees: Tax Map Address Use Approx. Size (sq. ft.) Assesse d Value Total Due as of 4/30/15 #110.-5-9 Mulberry St. Vacant 5,000 $2,000 $1,101.92 #12.-1-1 Lake St. Vacant 28,000$55,800 $6,991.79 #12.-1-2 401 Lake St. vacant single family dwelling 2,400$110,000 $18,382.28 and, WHEREAS, 401 Lake Street (#12.-1-2) is proposed to be withheld from public auction, and WHEREAS, 410 Lake Street is located adjacent to the Ithaca Falls Natural Area and within the boundary area of the river corridor of lower Fall Creek that is designated as a New York State Recreational River, and WHEREAS, Recreational River regulations prohibit new residential construction within 150 feet of Fall Creek for parcels located within the Recreational River boundary area, effectively prohibiting new residential construction on the parcel, and WHEREAS, Recreation River regulations authorize rehabilitation, restoration, replacement or reconstruction of lawfully existing residential structures and expansion of up to 500 square feet of such residential structures, and WHEREAS, the vacant, boarded-up, single family dwelling at 401 Lake Street is a lawfully existing residence, and WHEREAS, it is the duty of the City Chamberlain to enforce the collection of tax liens on real property, and WHEREAS, Section C-44 of the City Charter adopts the procedures for collection of unpaid taxes as set forth by New York Real Property Tax Law of New York State (RPTL), and WHEREAS, §1166 RPTL authorizes the City to sell and convey tax foreclosed property to another party with or without advertising for bids if confirmed by a majority vote of the Common Council or at public auction to the highest bidder without Common Council approval, and WHEREAS, it is the policy of the City to dispose of properties acquired though tax foreclosure through public auction in conjunction with Tompkins County unless the Common Council directs an alternative course of action, and WHEREAS, should the City retain 401 Lake Street it will forego approximately $18,000 in taxes due, incur an additional $5,400 in future taxes due until tax-exempt status is established, and need to make decisions about the future of the vacant residence, and WHEREAS, to return the site to a natural character would require demolition, clearance and site restoration at an estimated cost of up to $40,000, depending on the presence of asbestos, and WHEREAS, the Natural Areas Commission (NAC) is the City’s advisory body to coordinate city and public concerns regarding natural areas, and WHEREAS, the NAC recommends withholding 401 Lake Street from the tax auction and “use the period up until the 2016 tax auction to gather public input and to study and consider the City’s options for this property, including parkland designation and inclusion in the Ithaca Falls Natural Area”, and WHEREAS, the decision to retain or sell this parcel sets public objectives to maximize tax collection, expand the property tax base and increase housing choices against competing objectives to protect the integrity of a Natural Area and support the tourism industry, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency in the environmental review, determined that the proposed action will result in no significant impact on the environment and issued a Negative Declaration in accordance the City of Ithaca Environmental Quality Review Ordinance; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby directs the City Chamberlain to withhold property located at 401 Lake Street, tax map parcel #12.-1-2, from public auction, and be it further RESOLVED, That the parcel shall be retained for public use and designated for inclusion in the Ithaca Falls Natural Area, and be it further RESOLVED, That staff is directed to begin the process to consider rezoning the parcel to a P-1 zoning district, and be it further RESOLVED, That the Common Council hereby directs staff to submit a request to the Tompkins County Legislature to forego collection from the City of past and future taxes due to the County on tax map parcel #12.-1-2, 401 Lake Street. LEGEND Tax Parcels Primary Commons Zone Secondary Commons Zone Historic District Zoning District Certificate of Appropriatene Railroad Parcel Border Feet 4/6 / 2 0 1 5 Pri nt e d : 85.54 1: 40 1 L a ke S t ree t - a e ri al p h o t o htt p : / / g e o . t o mpkins-co. o rg/ SL / V iewer.h t ml ? Viewer=cityprop e rties 74 7 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 1 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physic al change to project site? Yes No Any construction on slopes of 15% or greater (15-foot rise per 100 feet of length) or where general slope in the project exceeds 10%. Yes No Construction on land where depth to the water table is less than 3 feet. Yes No Construction of parking facility/area for 50 or more vehicles. Yes No Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. Yes No Construction that will continue for more than 1 year or involve more than one phase or stage. Yes No Evacuation for mining purposes that would remove more than 1,000 tons of natural material (i.e., rock or soil) per year. Yes No Construction of any new sanitary landfill. Yes No Construction in designated floodway. Yes No Other impacts (if any): Yes No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? Yes No Specific land forms (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 2 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? Yes No Developable area of site contains protected water body. Yes No Dredging more than 100 cubic yards of material from channel of protected stream. Yes No Extension of utility distribution facilities through protected water body. Yes No Construction in designated freshwater wetland. Yes No Other impacts (if any): Yes No 4. Will project affect any non-protected existing or new body of water? Yes No A 10% increase or decrease in surface area of any body of water or more than 10,000 sq. ft. of surface area. Yes No Construction, alteration, or conversion of body of water that exceeds 10,000 sq. ft. of surface area. Yes No Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Cayuga Lake, or Cayuga Inlet? Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 3 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER (cont.) 5. Will project affect surface or groundwater quality? Yes No Project will require discharge permit. Yes No Project requires use of source of water that does not have approval to serve proposed project. Yes No Construction or operation causing any contamination of a public water supply system. Yes No Project will adversely affect groundwater. Yes No Liquid effluent will be conveyed off the site to facilities which do not currently exist or that have inadequate capacity. Yes No Project requiring a facility that would use water in excess of 20,000 gallons per day or 500 gallons per minute. Yes No Project will likely cause siltation or other discharge into an existing body of water to the extent that there will be an obvious visual contrast to natural conditions. Yes No Proposed action will require storage of petroleum or chemical products greater than 1,100 gallons. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 4 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON WATER (cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No Project would impede floodwater flows. Yes No Project is likely to cause substantial erosion. Yes No Project is incompatible with existing drainage patterns. Yes No Other impacts (if any): Yes No IMPACT ON AIR 7. Will project affect air quality? Yes No Project will induce 500 or more vehicle trips in any 8-hour period per day. Yes No Project will result in the incineration of more than 2.5 tons of refuse per 24-hour day. Yes No Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTUs per hour. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 5 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? Yes No Reduction of any species, listed on New York or Federal list, using the site, found over, on, or near site. Yes No Removal of any portion of a critical or significant wildlife habitat. Yes No Application of pesticide or herbicide more than twice a year other than for agricultural purposes. Yes No Other impacts (if any): Yes No 9. Will proposed action substantially affect non-threatened or non-endangered species? Yes No Proposed action would substantially interfere with any resident or migratory fish, or wildlife species. Yes No Proposed action requires removal or more than ½ acre of mature woods or other locally important vegetation. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 6 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? Yes No Proposed land uses or proposed action components obviously different from, or in sharp contrast to, current surrounding land use patterns, whether man-made or natural. Yes No Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of aesthetic qualities of that resource. Yes No Proposed action will result in elimination or major screening of scenic views known to be important to the area. Yes No Other impacts (if any): The existing residential structure on the parcel is located immediately adjacent to the Fall Creek cliff and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded- up residential structure detracts from the quality of the scenic views. RetentionSale of the property will not directly affect existing scenic views. Yes No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological importance? Yes No Proposed action occurring wholly or partially within, or contiguous to, any facility or site listed on or eligible for the National or State Register of Historic Places. Yes No Any impact to an archaeological site or fossil bed located within the project site. Yes No Proposed action occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a landmark district. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 7 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces, or recreational opportunities? Yes No The permanent foreclosure of a future recreational opportunity. Yes No A major reduction of an open space important to the community. Yes No Other impacts (if any): The existing residential structure on the parcel is located immediately adjacent to the Fall Creek cliff and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded- up residential structure detracts from the quality of the adjacent open space. SaleRetention of the property will not directly affect existing character of the area. Yes No IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? Yes No Proposed action to locate within a UNA or CEA? Yes No Proposed action will result in reduction in the quality of the resource. (visual quality and character of Fall Creek Gorge could be improved by removal or rehabilitation of the residential structure. Yes No Proposed action will impact use, function, or enjoyment of the resource. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 8 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes No Alteration of present patterns of movement of people and/or goods. Yes No Proposed action will result in major traffic problems. Yes No Other impacts: Yes No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? Yes No Proposed action causing greater than 5% increase in any form of energy used in municipality. Yes No Proposed action requiring creation or extension of an energy transmission or supply system to serve more than 50 single- or two-family residences. Yes No Other impacts (if any): Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 9 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? Yes No Blasting within 1,500 feet of a hospital, school, or other sensitive facility? Yes No Odors will occur routinely (more than one hour per day). Yes No Proposed action will produce operating noise exceeding local ambient noise levels for noise outside of structure. Yes No Proposed action will remove natural barriers that would act as noise screen. Yes No Other impacts (if any): Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Yes No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will be chronic low-level discharge or emission. Yes No Proposed action may result in burial of “hazardous wastes” in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Yes No Proposed action may result in excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous wastes. Yes No Proposed action will result in handling or disposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 10 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON PUBLIC HEALTH (cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No Use of any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any residential, commercial, or industrial property in excess of 30,000 square feet. Yes No Other impacts (if any): Yes No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes No The population of the city in which the proposed action is located is likely to grow by more than 5% of resident human population. Yes No The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of this proposed action. Yes No Proposed action will conflict with officially adopted plans or goals. Yes No Proposed action will cause a change in the density of land use. Yes No Proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community. Yes No Development will create demand for additional community services (e.g., schools, police, and fire, etc.) Yes No Proposed action will set an important precedent for future actions. Yes No Proposed action will relocate 15 or more employees in one or more businesses. Yes No City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 - Project Impacts Project Name: SellWithhold Tax Map Parcel #12.-1-2, 401 Lake Street, atfrom Auction Date Created: 5/7/15, revised 5/18/15 11 of 11 5/18/2015 Small-to- Moderate Impact Potential Large Impact Can Impact Be Reduced by Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.) Other impacts (if any): Yes No 19. Is there public controversy concerning the proposed action? Yes No Unknown — If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3 — 5/18/2015 Page 1 of 1 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM - Part III SellWithhold Tax Map Parcel 12.-1-2, 401 Lake Street atfrom Public Auction May 7, 2015, revised 5/18/15 PROJECT DESCRIPTION By standing City policy, properties acquired through tax foreclosure are sold to the highest bidder through the annual tax foreclosure auction, unless Common Council directs the City Chamberlain to take an alternative course of action. 401 Lake Street (#12.-1-2) contains a vacant, small residential structure, located adjacent to Fall Creek and the Ithaca Falls Natural Area. The house is currently unoccupied and boarded-up. This parcel is proposed to be withheld from offered for sale to the highest bidder at public auction. This action is a type I classification is due to the site’s location contiguous to Fall Creek and the Ithaca Falls Natural Area. Public Comment The City of Ithaca Natural Areas Commission submitted comment dated 5/5/15 that recommends that this parcel be withheld from the tax auction and “use the period up until the 2016 tax auction to gather public input and to study and consider the City’s options for the property, including parkland designation and/or inclusion in the Ithaca Falls Natural Area”. The City of Ithaca Planning & Development Board submitted comment dated 5/5/15. The Board urges Common Council to retain #12.-1-2, 401 Lake Street, as well as the adjacent parcel #12.-1-1 in city ownership for the purpose of expanding and protecting Fall Creek Gorge and Natural Area. The Board notes that acquiring both parcels (#12.-1-1 and #12.-1-2) is a rare opportunity that will have a lasting benefit to the community – far outweighing any possible cost offset of selling 401 Lake Street. Aesthetic & Open Space Resources The existing residential structure on the parcel is located immediately adjacent to Fall Creek and prominently visible at key public viewing points of Ithaca Falls. The currently vacant and boarded-up residential structure on the site detracts from the quality of the scenic views and open space character. Future use of the parcel will impact aesthetic and open space resources. Scenic views and community character could be improved if the structure were removed or rehabilitated. As the house has been in place for at least 50 years, sale of the property to recover back taxes will not diminish existing resources. The property is regulated by the Recreational River regulations that prohibits new residential development within 150 feet of Fall Creek and limits existing residential structures to a cumulative expansion of 500 square feet, so reasonable land use regulatory protection is in place to protect against significant adverse environmental impact. SaleRetention of the property will not have a significant impact on existing the scenic or open space resources. Prepared by: Nels Bohn, Director of Community Development, IURA 9.5 Adoption of 2015 Action Plan – Housing and Urban Development (HUD) Entitlement Program - Resolution WHEREAS, the City of Ithaca (City) is eligible to receive an annual formula allocation of funds to address community development needs through the U.S. Department of Housing & Urban Development (HUD) Entitlement program from the Community Development Block Grant (CDBG) program and the Home Investment Partnerships (HOME) program funding sources, and WHEREAS, the City has contracted with the Ithaca Urban Renewal Agency (IURA) to administer, implement and monitor the City’s HUD Entitlement program in compliance with all applicable regulations, and WHEREAS, on an annual basis an Action Plan must be submitted to HUD to access HUD Entitlement program funding allocated to the City, and WHEREAS, the 2015 Action Plan identifies a specific list of budgeted community development activities to be funded from the 2015 HUD Entitlement program allocation and associated funds administered by the IURA, and WHEREAS, funding available to be allocated through the 2015 Action Plan funding process is anticipated to include the following: $671,646.00 CDBG 2015 allocation $37,868.27 CDBG 2013 carryover $6,000.00 CDBG 2013 recaptured funds $11,636.61 CDBG 2014 carryover program income $120,000.00 CDBG 2015 projected program income $368,661.00 HOME 2015 allocation $1,215,811.88 Total and WHEREAS, the IURA utilized an open and competitive project selection process for development of the 2015 Action Plan in accordance with the City of Ithaca Citizen Participation Plan, and WHEREAS, at their April 2, 2015 meeting, the IURA adopted a recommended 2015 Action Plan; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby adopts the IURA- recommended 2015 Action Plan, dated April 2, 2015 for allocation of the City’s 2015 HUD Entitlement Program award along with additional funds listed above totaling $1,215,811.88, and be it further RESOLVED, That the Urban Renewal Plan shall be amended to include activities funded in the adopted 2015 Action Plan. Last updated 5/13/15 Funding Sponsor Request Match 2015 CDBG 2013 CDBG 2014 CDBG PI 2015 CDBG PI 2015 HOME Total Summary Description $671,646 $43,868.27 $11,636.61 $120,000.00 $368,661 $1,215,812 #Housing 1 210 Hancock Street Ithaca Neighborhood Housing Services (INHS)$457,326 $16,828,299 $140,158.68 $120,000.00 $197,167.32 $457,326.00 Construct 11 new affordable rental housing units as part of a planned 53 unit project 2 Mini Repair Program 2015 INHS $35,000 $58,128 $35,000.00 $35,000.00 Small emergency repairs for 45 low-income seniors and people with disabilities 3 Security Deposit Assistance Program Catholic Charities $41,832 $0 $40,000.00 $40,000.00 70 security deposits for low-income tenants 4 Housing Scholarship Program Learning Web $24,600 $55,300 $24,600.00 $24,600.00 Tenant-based rental assistance for 8 homeless youths 5 Housing First TCAction $30,000 $10,922 $30,000.00 $30,000.00 Security deposit, rental and utility assistance for 4 homeless households 6 Temporary Ramp Loan Program Finger Lakes Ind Ctr $10,000 $7,000 $20,000.00 $20,000.00 Ramps to provide access for 6 disabled households 3.a.HOME unit inspections for Security Deposits TCAction $0 $4,000.00 $4,000.00 HQS inspections for 35, non-section 8 units receiving security deposit assistance Economic Development 7 Hospitality Employment Training Program Greater Ithaca Activities Center (GIAC)$109,417 $15,545 $73,912.12 $23,868.27 $11,636.61 $109,417.00 Job training and paid work experience for 16 individuals with employment barriers, job placements for at least 4 individuals 8 Work Preserve Job Training Program Historic Ithaca $87,500 $75,500 $87,500.00 $87,500.00 Training in job readiness skillls for 20 individual, entry level job placements forat least 3 individuals Public Facilities 9 Spencer Road Sidewalks City of Ithaca $100,000 $90,000 $100,000.00 $100,000.00 Provide a safe pedestrian connection from Spencer Rd to the City's network of sidewalks Public Services 10 2-1-1/ I&R Service Human Services Coalition $20,000 $201,830 $20,000.00 $20,000.00 Support for the 2-1-1 Call Center 11 Building for the Future Southside Comm Ctr $28,292 $16,000 $23,577.00 $23,577.00 Provide hardware and software for computers used in computer lab to serve 25 LMI individuals 12 Immigrant Services Catholic Charities $16,000 $21,455 $16,000.00 $16,000.00 Case management for 80 immigrants to access employment, services, legal aid, etc 13 A+ Tuition Assistance BJM Enrichment Program $27,410 $131,875 $17,410.00 $17,410.00 Scholarships for 10 academically vulnerable BJM students to attend Academic Plus 14 ReSET Job Training Expansion Finger Lakes ReUse $75,015 $154,447 $23,759.00 $23,759.00 Training for 45 individuals in basic skills in technology and construction fields, paid apprenticeships for 3 individuals Administration 15 CDBG Admin.IURA $134,329.20 $0 $134,329.20 $134,329.20 Planning, administration and monitoring for the CDBG program 16 HOME Admin.IURA $36,866.10 $0 $36,866.10 $36,866.10 Planning, administration and monitoring for the HOME program Totals:$1,233,587 $17,666,301 $671,646.00 $43,868.27 $11,636.61 $120,000.00 $332,633.42 $1,179,784.30 $0.00 $0.00 $0.00 $0.00 $36,027.58 unallocated Minimum Required Set-aside of HOME funds for CHDO Activities:$55,299.15 CDHO Set-aside Funding (INHS 210 Hancock):$197,167.32 CHDO Setaside compliance:Y / N DRAFT Action Plan 2015 HUD Entitlement Program, City of Ithaca, NY FUNDING AVAILABLE Project 9.6 Resolution Opposing Underground Hydrocarbon Storage Adjacent to Seneca Lake WHEREAS, the City of Ithaca Common Council recognizes the importance of the Finger Lakes region as a whole and its economy, tourism, and watershed to the vitality of Tompkins County; and WHEREAS, the City of Ithaca Common Council is aware of the critical role played by Seneca Lake in particular for its designation as a scenic byway, its role as a recreational asset and in promotion of tourism and viticulture, its importance to fish and wildlife, and for its role in providing drinking water for large segments of the adjacent population; and WHEREAS, the City of Ithaca Common Council has become aware that plans have been proposed for storage of liquefied propane gas and additional compressed natural gas in large quantities in abandoned salt caverns, never designed for such purposes, adjacent to Seneca Lake; and WHEREAS, it is the opinion of the City of Ithaca Common Council that the proposed industrialization of the west shore of Seneca Lake would adversely affect the economic future of the viticulture, tourism, and agricultural-based economy of the Finger Lakes region as a whole including those of Tompkins County; now, therefore be it RESOLVED, on recommendation of the Planning & Economic Development Committee, that the City of Ithaca Common Council joins other municipalities in respectfully requesting that the New York State Department of Environmental Conservation withhold or rescind approval of any plan for gas storage adjacent to Seneca Lake; and, be it further RESOLVED, That a copy of this resolution be forwarded to the United States Environmental Protection Agency, the Federal Energy Regulatory Commission, United States Senator Charles Schumer, United States Senator Kirsten Gillibrand, New York Governor Andrew Cuomo, New York Senate Leaders Dan Skelos, Jeff Klein, and Andrea Stewart-Cousins, New York Assembly Leaders Sheldon Silver and Brian Kolb, New York State Senators Michael Nozzolio, Thomas O’Mara, and James Seward, New York State Assemblyperson Barbara Lifton, Seneca County Board of Supervisors, Village of Watkins Glen Mayor and Trustees, and to the Tompkins County Council of Governments. 10. CITY ADMINISTRATION COMMITTEE: 10.1 A Local Law to Establish a Sustainable Energy Loan Program in the City of Ithaca LOCAL LAW NO. 2015-- BE IT ENACTED by the Common Council of the City of Ithaca follows: Section 1. Chapter 4 of the City of Ithaca Municipal Code entitled “Administration of Government” is hereby amended by adding and Article VII entitled “Energize NY Benefit Financing Program,” to read as follows: ARTICLE VII §4-33. Legislative findings, intent and purpose, authority. A. It is the policy of both the City of Ithaca (hereinafter, “City”) and the State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. The City finds that it can fulfill this policy by providing property assessed clean energy financing to property owners for the installation of renewable energy systems and energy efficiency measures. This chapter establishes a program that will allow the Energy Improvement Corporation (“EIC”), a local development corporation, acting on behalf of the City, to make funds available to qualified property owners that will be repaid by such property owners through charges on the real properties benefited by such funds, thereby fulfilling the purposes of this chapter and fulfilling an important public purpose. B. The City is authorized to implement this Energize NY Benefit Financing Program pursuant to Article 5-L of the New York General Municipal Law. C. This chapter shall be known and may be cited as the “Energize NY Benefit Financing Program Law of the City of Ithaca”. §4-34. Definitions For purposes of this Article, and unless otherwise expressly stated or unless the context requires, the following terms shall have the meanings indicated: Authority – The New York State Energy Research and Development Authority, as defined by subdivision two of section eighteen hundred fifty-one of the public authorities law, or its successor. EIC – the Energy Improvement Corporation, a local development corporation, duly organized under section fourteen hundred eleven of the Not-For-Profit Corporation Law, authorized hereby on behalf of the City to implement the Energize NY Benefit Financing Program by providing funds to qualified property owners (as defined in this chapter) and providing for repayment of such funds from monies collected by the City tax collector as a charge to be levied on the real property and collected in the same manner and same form as the City taxes. Energy Audit – A formal evaluation or “assessment” of the energy consumption of a permanent building or structural improvement to real property, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of identifying appropriate energy efficiency improvements that could be made to the property. Energy Efficiency Improvement – Any renovation or retrofitting of a building to reduce energy consumption, such as window and door replacement, lighting, caulking, weather stripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority, not including lighting measures or household appliances that are not permanently fixed to real property. Qualified Property Owner – An owner of residential or commercial real property located within the boundaries of the City that is determined to be eligible to participate in the Energize NY Benefit Financing Program under the procedures for eligibility set forth under this chapter. Renewable Energy System – An energy generating system for the generation of electric or thermal energy, to be used primarily at such property, by means of solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste. Renewable Energy System Feasibility Study – A written study, conducted by a contractor certified by the Authority, or certified by a certifying entity approved by the Authority, for the purpose of determining the feasibility of installing a renewable energy system. §4-35. Establishment of an Energize NY Benefit Financing Program A. An Energize NY Benefit Financing Program is hereby established by the City, whereby EIC acting on its behalf, may provide funds to Qualified Property Owners in accordance with the procedures set forth under this chapter, to finance the acquisition, construction and installation of Renewable Energy Systems and Energy Efficiency Improvements and the verification of the installation of such systems and improvements. B. The funds provided shall not exceed the lesser of ten percent of the appraised value of the real property where the Renewable Energy Systems and/or Energy Efficiency Improvements will be located, or the actual cost of installing the Renewable Energy Systems and/or Energy Efficiency Improvements, including the costs of necessary equipment, materials, and labor and the cost of verification of such systems and improvements. §4-36. Procedures for eligibility A. Any property owner in the City may submit application to EIC on such forms as have been prepared by EIC and made available to property owners on the website of EIC and at the City offices. B. Every application submitted by a property owner shall be reviewed by EIC acting on behalf of the City, which shall make a positive or negative determination on such application based upon the criteria for making a financing enumerated in subsection A of section 5 of this chapter. EIC may also request further information from the property owner where necessary to aid in its determination. C. If a positive determination on an application is made by EIC acting on behalf of the City, the property owner shall be deemed a Qualified Property Owner and shall be eligible to participate in the Energize NY Benefit Financing Program in accordance with the procedure set forth under section 6 of this chapter; provided that in no case shall a property owner that has received funds from another municipal corporation for the acquisition, construction and installation of Energy Efficiency Improvements and/or Renewable Energy Systems be deemed a Qualified Property Owner. §4-37. Application criteria A. Upon the submission of an application, EIC acting on behalf of the City, shall make a positive or negative determination on such application based upon the following criteria for the making of a financing: 1. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems are determined to be cost effective by the Authority; 2. The proposed Energy Efficiency Improvements and/or Renewable Energy Systems will generate an estimated annual cost savings greater than the annual charge payments; 3. Sufficient funds are available to provide to the property owner; 4. The property owner is current in payments on any existing mortgage; 5. The property owner is current in payments on any existing real property taxes and has been current on real property taxes for the previous three years; and 6. Such additional criteria, not inconsistent with the criteria set forth above, as the City, or EIC acting on its behalf, may set from time to time. §4-38. Opt-in, Energize Finance Agreement A. A Qualified Property Owner may participate in the Energize NY Benefit Financing Program through the execution of an Energize Finance Agreement made by and between the Qualified Property Owner and EIC, acting on the behalf of the City. B. Upon execution of the Energize Finance Agreement, the Qualified Property Owner shall be eligible to receive funds from EIC acting on behalf of the City, for the acquisition, construction, and installation of qualifying Renewable Energy Systems and Energy Efficiency Improvements; provided the requirements of section 7 of this chapter have been met. C. The Energize Finance Agreement shall include the terms and conditions of repayment set forth under section 8 of this chapter. §4-39. Energy audit, renewable energy system feasibility study A. No funds shall be made available for Energy Efficiency Improvements unless determined to be appropriate through an Energy Audit as defined in Section 2. B. No funds shall be made available for a Renewable Energy System unless determined to be feasible through a Renewable Energy System Feasibility Study as defined in Section 2. C. The cost of such Energy Audit and/or Renewable Energy System Feasibility Study shall be borne solely by the property owner but may be included in the financed amount if the work is approved. §4-40. Terms and conditions of repayment The Energize Finance Agreement between the Qualified Property Owner and EIC acting on behalf of the City, shall set forth the terms and conditions of repayment in accordance with the following: A. The principal amount of the funds paid to the Qualified Property Owner hereunder, together with the interest thereon, shall be paid by the property owner as a charge on its City tax bill and shall be levied and collected at the same time and in the same manner as City property taxes, provided that such charge shall be separately listed on the tax bill. The City shall make payment to EIC or its designee in the amount of all such separately listed charges within 30 days of the City tax due date. B. The term of such repayment shall be determined at the time the Energize Finance Agreement is executed by the property owner and EIC, provided that in no case shall the term exceed the weighted average of the useful life of the systems and improvements as determined by EIC acting on behalf of the City . C. The rate of interest for the charge shall be fixed by EIC acting on behalf of the City at the time the Energize Finance Agreement is executed by the property owner and EIC. D. The charge shall constitute a lien upon the real property benefited by the Energize NY Benefit Financing Program and shall run with the land. A transferee of title to the benefited real property shall be required to pay any future installments, including interest thereon. §4-41. Verification and report A. EIC shall be responsible for verifying and reporting to the City on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by such program. B. The City shall verify and report on the installation and performance of Renewable Energy Systems and Energy Efficiency Improvements financed by the Energize NY Benefit Financing Program in such form and manner as the Authority may establish. Section 2. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 3.This local law shall take effect upon filing with the Secretary of State. 10.2 Authorizing a Municipal Agreement Between the City of Ithaca and the Energy Improvement Corporation to Implement and Administer a Sustainable Energy Loan Program in the City of Ithaca - Resolution WHEREAS, by Local Law No. 2015-__, the City of Ithaca created the Energize NY Benefit Financing Program within the city that utilizes the Energy Investment Corporation (EIC), a local development corporation acting on behalf of the City, to provide Property Assessed Clean Energy (PACE) financing to assist qualified property owners who undertake energy-efficiency measures and install renewable-energy systems; and WHEREAS, a Municipal Agreement is required to establish the roles, responsibilities, and obligations of the EIC and the City in the administration of the Energize NY Benefit Financing Program; and WHEREAS, currently, Federal practice fails to enable participation by individual residential property owners; now, therefore, be it RESOLVED, That the Mayor, upon review of the City Attorney, is hereby authorized to enter into a Municipal Agreement with the Energy Improvement Corporation that shall set forth the duties and obligations of each party in connection with the City’s participation in the Energize NY Benefit Financing Program; and, be it further RESOLVED, That when Federal practice enables individual property owners to participate in this program, the City will allow participation as well. 10.3 Department of Public Works - Request to Fund Stewart Park Buildings Priority Plan - Resolution WHEREAS, the Ithaca community values Stewart Park and its buildings as a unique resource worthy of preservation and revitalization; and WHEREAS, a benchmark document summarizing the condition of the various buildings at the park will prove a useful tool for program planning, fund raising, and preservation of the Stewart Park buildings; and WHEREAS, the cost for a benchmark document, including material testing is estimated at $40,000.00; and WHEREAS, programming interests of all stakeholders should be considered during the planning process; and WHEREAS, the Friends of Stewart Park and the City of Ithaca have collaborated in applying for funding for a Tourism Capital Grant for assessment of the buildings and program planning at Stewart Park; and WHEREAS, the Stewart Park Buildings Priority Plan has been awarded a $20,000.00 Tourism Capital Grant; and WHEREAS, the additional $20,000.00 needed for the Stewart Park building assessment can be funded from Capital Reserve #11, Parks, which has a current balance of $108,000.00; now, therefore be it RESOLVED, That Common Council authorizes expenditure not to exceed $40,000.00 for undertaking a Stewart Park Buildings Priority Plan; and, be it further RESOLVED, That Common Council hereby amends the 2015 Authorized Budget to account for the receipt and expense of said tourism Capital Grant as follows: Increase Revenue Account: A7111-2705 Parks and Forestry Gifts/Donations $20,000.00 A0001-2806 Transfer from Capital Reserve $20,000.00 Increase Appropriations Account: A7111-5435 Parks and Forestry Contracts $40,000.00 and, be it further RESOLVED, That Common Council hereby authorizes the additional $20,000.00 needed for said assessment study be derived from Capital Reserve #11, Parks. 10.4 Attorney - Request for Permanent Easement for 327 Eddy Street Proposed Encroachment - Resolution WHEREAS, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record, hereinafter “Applicant”), has requested a permanent easement from the City into the adjacent Eddy Street right-of-way; and WHEREAS, applicant requests an easement to permit the following encroachment into the City’s right-of-way: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS, the Planning and Development Board has, as part of the site plan review process, expressed its desire that the applicant include the architectural feature that will be enabled by this easement; and WHEREAS, it appears that the proposed encroachment into the City’s airspace will not interfere with the right-of-way as currently constituted; and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the future with public works uses or needs and the Board of Public Works by resolution on May 11, 2015, recommended that Common Council authorize granting this easement under the terms described in this resolution; now, therefore be it RESOLVED, That the fee for this permanent easement shall be $3,073.84.00, based on the Pomeroy Appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation; and, be it further RESOLVED, That the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents to grant the easement requested by applicant and described above. "An Equal Opportunity Employer with a commitment to workforce diversification." M E M O R A N D U M To: City Administration Committee From: City Attorney’s Office Date: May 1, 2015 Subject: Request for permanent easement into Eddy Street right of way ________________________________________________________________________ Steve Fontana, as representative of the owner of the property located at 327 Eddy Street, has requested a permanent easement into the City’s air space over the Eddy Street right of way. Mr. Fontana proposes constructing a five story building with a portion bumped-out from the building face on the fifth floor, 24 square feet of such bumped-out portion would be within the City’s air space. A depiction of the fifth floor lay out, and where it encroaches over City air space is attached with this memo and the proposed resolution. Public Works staff and the Board of Public Works have concluded that this proposal would not impede the City’s use or planned use of its right of way. The fee proposed in this resolution, $3,073.84, is based on the Pomeroy appraisal values for Collegetown square footage, which the City uses to assess annual license fees. In collaboration with the Office of the City Controller, we estimated a future value of license payments calculated out for 30 years, the standard depreciation period used by the City for buildings under State Finance Law. To factor in the yearly adjustments the City makes for consumer price index increases on a yearly license fee, we assumed a two percent rate of inflation. CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CITY ATTORNEY Aaron O. Lavine, City Attorney Telephone: 607/274-6504 Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507 Krin Flaherty, Assistant City Attorney Jared Pittman, Assistant City Attorney Jody Andrew, Executive Assistant City Administration Committee Agenda Item Proposed Resolution Request for Permanent Easement for 327 Eddy Street Proposed Encroachment WHEREAS, Steve Fontana, as representative of the owner of 327 Eddy Street (Tax Map Parcel No. 63.-6-24, Stephen A Fontana Trust owner of record, hereinafter “Applicant”), has requested an encroachment agreement/license from the City into the adjacent Eddy Street right-of-way; and WHEREAS, Applicant requests an easement to permit the following encroachment into the City’s right of way: An encroachment extending into the City-owned airspace from the fifth floor of the building located on 327 Eddy Street two feet to the west and extending twelve feet running north and south, parallel to the building face; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS, the Planning Board has, as part of the site plan review process, expressed its desire that the applicant include the architectural feature that will be enabled by this easement; and WHEREAS, it appears that the proposed encroachment into the City’s airspace will not interfere with the right of way as currently constituted; and WHEREAS, the Superintendent of Public Works does not anticipate any conflicts in the future with public works uses or needs and Board of Public Works by resolution on May 11, 2015 recommended that Common Council authorize granting this easement under the terms described in this resolution, now therefore be it RESOLVED, That the fee for this permanent easement shall be $3,073.84, based on the Pomeroy appraisal value of $75.77 for one year of use at the current appraisal rate in Collegetown of $2.87 per square foot, calculated out for a thirty year depreciation period and 2% rate of inflation; and RESOLVED, That the Mayor, in consultation with the City Attorney, and upon payment of the fee set forth in this resolution, is hereby authorized to execute all necessary documents to grant the easement requested by Applicant and described above. 10.5 Department of Public Works - Authorization of a New Master Agreement for the Cayuga Waterfront Trail – Phase 2 - Resolution WHEREAS, a Project for the CAYUGA WATERFRONT TRAIL – PHASE 2, P.I.N. #395047 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on June 13, 2001, Common Council authorized and established Capital Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000.00, to design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two-mile loop in Cass Park, which has now been completed); and WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the Cayuga Waterfront Trail, then known as PIN #395024, (which would connect Cass Park to the Ithaca Farmers Market) from the same Capital Project as Phase 1, authorized the addition of $677,724.00 to Capital Project #445, for the costs of design, right-of-way acquisition and construction of Phase 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 (through the Transportation Enhancement Program) and to provide for the administration of Phase 2 and the funding of the local share; and WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development Board, the designated lead agency for such review, and site plan approval for Phase 2 was granted; and WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by adding $50,000.00 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from the Ithaca Farmers Market to Stewart Park and the Visitors Center), half of which amount was to be derived from a New York State Environmental Protection Fund grant, and $10,000.00 of which amount was to be derived from non-City funds to be raised by the Cayuga Trails Initiative; and WHEREAS, on November 1, 2006, Common Council re-approved Phase 2 of the Trail, added $480,000.00 to Capital Project #445, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project (through a SAFETEA-LU member item) and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 80% federal and 20% local); and WHEREAS, on June 6, 2007, Common Council again approved the Project, now including Phase 3, subject to environmental review (of that phase), added $720,000.00 to Capital Project #445 to cover the combined cost of the three phases, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project will be roughly 80% federal and 20% local); and WHEREAS, as part of the 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN #395024) for administrative purposes; and WHEREAS, on May 9, 2009, Common Council passed a resolution approving a Supplemental Agreement for the Trail, amending the administration and management of the project so that the New York State Department of Transportation would be responsible for the Right-of-Way acquisition for Phase 2 of the Cayuga Waterfront Trail; and WHEREAS, the City of Ithaca Planning & Development Board, acting as lead agent for environmental review of Phase 3 of the Trail, voted on July 28, 2009, to determine that Phase 3 of the project would have no significant impact on the environment and that a Negative Declaration be filed in accordance with the State Environmental Quality Review Act and the City’s Environmental Quality Review Ordinance; and WHEREAS, as part of the 2010 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $215,000.00, with the intent that it would be a match for additional federal funding being sought at that time; and WHEREAS, in the summer of 2010, Phase 3 of the trail was constructed by contract; and WHEREAS, on October 6, 2010, Common Council passed a resolution approving a Supplemental Agreement for the Project, added $857,000.00 to Capital Project #445, to be matched by funds in the 2010 approved Capital Budget, with the understanding that the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-federal funds; and WHEREAS, on March 6, 2012, at the request of the New York State Department of Transportation, and through an action of the Ithaca-Tompkins County Transportation Council, Phase 2 and Phase 3 of the Project were separated into two projects again for administrative purposes, specifically to address administration of Right-of-Way Acquisition; at that meeting Phase 3 was given PIN #395024 and a new PIN was created for Phase 2, PIN #395047; and WHEREAS, as part of the 2014 City Capital Budget, Common Council approved additional funding for Capital Project #445 in the amount of $300,000.00, but did not authorize funding in the first instance for the federal share of funding approved at the Ithaca-Tompkins County Transportation Council on June 18, 2013 in the amount of $752,400.00; and WHEREAS, in 2015, the New York State Department of Transportation provided two new Master Agreements for the Project for the City to review and approve: one agreement for the final design, construction and construction inspection of Phase 2, D034161, with a total authorization of $2,487,524.00; and one agreement for the Right- of-Way Incidentals and Acquisition of Phase 2, D034163, with a total authorization of $510,500.00 (with the understanding that the apportionment of the costs for these portions of the project would be 80% federal and 20% local); and WHEREAS, the City of Ithaca desires to be reimbursed for the federal share of the remaining phase of the Cayuga Waterfront Trail project (i.e., Phase 2); now, therefore, be it RESOLVED, That Common Council hereby re-approves the above-subject Project; and, be it further RESOLVED, That Common Council hereby re-authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Design, Right-of- Way, Construction, Construction Inspection and Supervision work for the Project or portions thereof; and, be it further RESOLVED, That Common Council hereby amends Capital Project #445, Cayuga Waterfront Trail (formerly known as Cass Park trail) in the amount of $752,400.00, with the understanding that this represents a portion of the federal share and will be fully reimbursed to the City, for a total project cost of $4,385,956.37, which represents Phase 1, Phase 2, and Phase 3 of the three-phase project; and, it is further RESOLVED, That the sum of $752,400.00 is hereby appropriated from the issuance of serial bonds, for a total authorization of $4,385,956.37, and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, That as noted in the abovementioned authorizations, the total project authorization is $4,385,956.37, and shall be made available to cover the cost of participation in the above phases of the Project; and, it is further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof; and, it is further RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute new Master Agreements for the Cayuga Waterfront Trail – Phase 2, including one for Design, Construction and Construction Inspection; and one for Right-of-Way Incidentals and Acquisitions; and, be it further RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca, with the New York State Department of Transportation, in connection with the advancement or approval of Phase 2 or Phase 3 of the Project, and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid-eligible Project costs and all other Project costs within the appropriations therefore that are not so eligible; and, be it further 10.6 Mayor’s Office – Request to Approve Funding Match for TIGER VII (Transportation Investment Generating Economic Recovery) Grant Application - Resolution WHEREAS, the United States Department of Transportation (USDOT) has announced the availability of 500 million dollars in the Transportation Investment Generating Economic Recovery (TIGER) 2015 Discretionary Grants (TIGER FY 2015) program, which notice was published in the Federal Register on April 03, 2015; and WHEREAS, in 2012, City staff identified the Inter-Modal Transportation Hub - Accelerating Community Access (ITH-ACA) project, which included a complete reconstruction of the Ithaca Commons as the major inter-modal transportation hub in the area; and WHEREAS, in 2012 the City applied for and was successful in obtaining a Federal Transit Agency State of Good Repair grant, in the amount of 4.5 million dollars, and a New York State Empire State Development Grant in the amount of 1.8 million dollars, to begin Phase 1 of the ITH-ACA project; and WHEREAS, the City is currently undertaking Phase I Commons Reconstruction, and is continuing to develop plans for subsequent phases of the ITH-ACA project in order to enhance the transit network, improve interconnectivity between the downtown transit hub and Cornell, the region’s major educational and employment center, as well as facilitate economic development, improve public transit reliability, and make transportation more accessible for all economic classes; and WHEREAS, the City is interested in applying for a TIGER FY 2015 grant in order to obtain funding for the second phase of the ITH-ACA project; and WHEREAS, City Planning and Engineering staff are preparing an application that will include, but not be limited to, the following components: Upgrades to the public transit network that include intelligent transportation system (ITS) upgrades which would allow for remote real-time transit information, and A complete reconstruction of College Avenue and Cayuga Street, including, wider sidewalks, enhanced opportunities for outdoor commerce, and safer transit routes that reduce conflicts of parked vehicles, bus, and vehicular traffic, and Enhancements to the Transit Network, including new bus shelters at the Albany Street and State Street Stations, queue jumping, signal pre-emption, upgrades to buses, and signals that allow for more reliable bus route times; and A complete reconstruction of the major transit routes along the Stewart Avenue Corridor and Albany Street. And WHEREAS, the Phase II components of the ITH-ACA project are expected to represent a large investment in the transportation system that will help maintain a state of good repair for major transit routes, enhance pedestrian networks, increase livability and sustainability, encourage and support economic growth and activity, and improve and enhance connectivity between downtown and Cornell University; and WHEREAS, State of New York and City of Ithaca environmental quality review laws and regulations define as “Type II” (i.e., exempt from environmental review) actions that involve “conducting concurrent environmental, engineering, economic, feasibility and other studies and preliminary planning and budgetary processes necessary to the formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action”; now, therefore be it RESOLVED, That, as a preliminary step intended to determine the economic feasibility of transportation improvements, including those listed above, the Mayor of the City of Ithaca, or his designee, is hereby authorized to submit a TIGER FY 2015 application for funding to the United States Department of Transportation (USDOT) in accordance with the provisions of the Notice of Funds Available; and, be it further RESOLVED, That, upon approval of such request, the City shall conduct environmental review as required, for the projects proposed to be undertaken pursuant to the TIGER FY 2015 grant; and, be it further RESOLVED, That, upon approval of said TIGER FY 2015 grant to the City, or any portion thereof, and upon completion of all necessary environmental review of the components of said project and approval of the same by Common Council, the Mayor, or his designee, is hereby authorized to enter into and execute a project agreement with the USDOT, or its designee, for the construction, and construction inspection of the TIGER FY 2015 application as submitted by the Mayor, approved by the USDOT, and as approved and/or modified by environmental review and any other applicable City of Ithaca review process; and, be it further RESOLVED, That Common Council hereby confirms its intention to commit funds in an amount not to exceed $2,500,000.00 (to be derived from serial bonds), contingent upon an award of funds from the TIGER FY 2015 program and completion of environmental review. RESOLVED, That except as explicitly amended in this resolution, Common Council’s previous resolutions concerning the Project, as referenced above, still remain in full force and effect; and, be it further RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary agreements in connection with the Project; and, be it further RESOLVED, That this resolution shall take effect immediately. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Bicycle Pedestrian Advisory Council – Resolution RESOLVED, That Katrina Moraine be appointed to the Bicycle Pedestrian Advisory Council to fill a vacancy with a term to expire December 31, 2015, and be it further 14.2 Appointment to Plannng and Development Board – Resolution RESOLVED, That Robert Aaron Lewis be appointed to the Planning and Development Board to fill a vacancy with a term to expire December 31, 2015, and be it further 14.3 Appointments to Youth Bureau Advisory Board – Resolution RESOLVED, That Mary Klippel be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2016; and, be it further RESOLVED, That Jason Hecht be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2017; and, be it further RESOLVED, That Marc Vesci be appointed to the Youth Bureau Advisory Board to fill a vacancy with a term to expire December 31, 2017.