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HomeMy WebLinkAbout01-06-16 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, January 6, 2016, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2016 Events – Resolution City Administration Committee: 8.2 Designation of Official Newspaper - Resolution 8.3 Collateral to Secure Deposits - Resolution 8.4 Public Employee's Blanket Bond - Resolution 8.5 Designation of Common Council Meetings – Resolution 8.6 Designation of Official Depositories – Resolution 8.7 Approval of 2016 Travel Policy – Resolution 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the Primary Commons A. Designation of Lead Agency – Resolution B. Determination of Environmental Significance – Resolution C. Adoption of Ordinance 10. CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Works - Amendment to Personnel Roster - Resolution 10.2 Police Department – Inter-Municipal Agreement for SWAT Mutual Aid - Resolution 10.3 A Resolution Authorizing the Issuance of $4,553,940 in Bonds for the City of Ithaca to Pay the Cost of Certain Capital Improvements 10.4 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 12.1 Mayor Myrick - State of the City Address Common Council Meeting Agenda January 6, 2016 Page 2 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Recommendations to Tompkins Consolidated Area Transit Board - 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 December 2, 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: December 30, 2015 8. CONSENT AGENDA ITEMS: Department of Public Information and Technology: 8.1 Annual Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at Their 2016 Sponsored Events – Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of their sponsored events for 2016, including, but not limited to, the Chili- Cook Off, Apple Harvest Festival, Oktoberfest, and Chowder Cook-Off; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during their sponsored events between January 1 and December 31, 2016; and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of wine, beer and hard cider on the Ithaca Commons; and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the events. 8. CONSENT AGENDA ITEMS (CONTINUED): City Administration Committee: 8.2 Finance/Controller- Designation of Official Newspaper- Resolution RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2016. 8.3 Finance/Controller – Collateral to Secure Deposits - Resolution RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M & T Bank as reported be approved as to form and sufficiency. 8.4 Finance/Controller- Public Employee's Blanket Bond - Resolution RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2016. Faithful Performance Blanket Bond Coverage by Travelers Insurance Company $1,000,000 8.5 Finance/Controller- Designation of Common Council Meetings - Resolution RESOLVED, That the regular meetings of the Common Council, for the year 2016, be held at 6:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. 8.6 Finance/Controller- Designation of Official Depositories - Resolution RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2016. 8.7 Common Council - Approval of 2016 Travel Policy - Resolution WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable; and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2016; and, be it further RESOLVED, That the cost for all events must be derived from existing 2016 Departmental Budgets with appropriate approvals obtained as applicable; and, be it further RESOLVED, That this resolution shall take effect immediately. 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the Primary Commons A. Declaration of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is a “Type I” Action pursuant to the City 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 Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning,” to create a requirement for street level active uses on the primary Commons. B. Declaration of Environmental Significance – Resolution WHEREAS, The Common Council is considering a proposal to amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning,” to create a requirement for street level active uses on the primary Commons; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF), dated October 26, 2015; and WHEREAS, the proposed action is a “TYPE I” Action under the City Environmental Quality Review Ordinance; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by planning staff; now, therefore, be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, dated October 26, 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. An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning,” To Create a Requirement for Street Level Active Uses on the Primary Commons ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 of the City of Ithaca Municipal Code Entitled, “Zoning”, be amended as follows: Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning Regulations-Additional Restriction in the CBD Districts”) of the City of Ithaca Municipal Code is hereby amended to add a new subsection 325- 8D(3), that will establish a requirement for active street level uses for any establishment that opens on to the Primary Commons. Section 325-8D(3), shall read as follows: 325-8 D. (3) All properties located in the CBD district that contain a storefront that fronts on the Primary Commons, must contain an active use on the street level, for that portion of the building that fronts onto the Primary Commons. Active uses are defined as any of the following:  Retail Store or Service Commercial Facility  Restaurant, Fast Food Establishment, or Tavern  Theater, Bowling Alley, Auditorium, or Other Similar Public Place of Assembly  Hotel  Library or Fire Station  Public Park or Playground  Bank or Monetary Institution  Confectionary, millinery, dressmaking and other activities involving light hand fabrication as well as sales. Additional uses may be permitted if the Planning and Development Board determines them to be an active use and grants special approval for the use. Section 3. The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Division shall amend the District Regulations Chart to add street level active uses as a requirement under the permitted primary uses, in accordance with the amendments made by this ordinance. Section 4. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 5. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. To: Common Council From: Jennifer Kusznir, Economic Development Planner Date: December 14, 2015 RE: Proposal to Mandate Street-Level Active Uses on Primary Commons The proposal to create a requirement for active street level uses on the primary Commons was discussed at the December meeting of the Planning and Economic Development Committee. The Committee reviewed comments that were received from the Tompkins County Planning Department and from Nels Bohn, the Director of Community Development for the Ithaca Urban Renewal Agency. In response to the comments received, the committee unanimously voted to amend the draft ordinance to add the following language as a permitted ground floor active use:  Confectionary, millinery, dressmaking and other activities involving light hand fabrication as well as sales. Enclosed for your consideration is the amended draft ordinance that contains the recommended language from the Planning and Economic Development Committee. Also enclosed for your consideration is a resolution establishing lead agency for this action and a resolution for environmental significance. If you have any concerns or questions regarding any of this information, feel free to contact me at 274-6410. CITY OF ITHACA 108 E. Green Street — 3rd Floor Ithaca, New York 14850-5690 DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Planning & Economic Development Division JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559 Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org Fax: 607-274-6558 Fax: 607-274-6558 CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: The Full Environmental Assessment Form (FEAF) is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently there are aspects of a proposed action that are subjective or immeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting the question of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. FEAF Components: Part 1: Provide objective data and information about a given action and its site. By identifying basic project data, it assists in a review of the analysis that takes place in Parts 2 and 3. Part 2: Focus on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially large, then Part 3 is used to evaluate whether or not the impact is actually important. THIS AREA IS FOR LEAD AGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE I & UNLISTED ACTIONS Identify the Portions of FEAF completed for this action:  Part 1  Part 2  Part 3 Upon review of the information recorded on this FEAF (Parts, 2, and 3, if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the Lead Agency that:  A. The Proposed Action will not result in any large and important impact(s) an is one that will not have a significant impact on the environment; therefore, A NEGATIVE DECLARATION WILL BE PREPARED.  B. Although the proposed action could have a significant impact on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required; therefore, A CONDITIONED NEGATIVE DECLARATION WILL BE PREPARED. *  C. The proposed action may result in one or more large and important impacts that may have a significant impact on the environment; therefore, A POSITIVE DECLARATION WILL BE PREPARED. * a Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action: Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons Name of Lead Agency: City of Ithaca Name and Title of Responsible Officer in Lead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: __________________ Signature of Preparer: __________________ Date: 10/26/15 Page 2 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1 — PROJECT INFORMATION NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the Full Environmental Assessment Form (FEAF) will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons Location of Action: City of Ithaca Name of Applicant/Sponsor: City of Ithaca Address: 108 East Green Street, Ithaca, NY 14850 City/Town/Village: Ithaca State: NY ZIP: 14850 Business Phone: 607-274-6550 Name of Owner (if different): Address: City/Town/Village: State: ZIP: Business Phone: Description of Action: Page 3 Please Complete Each Question ― Indicate N/A if not applicable: A. SITE DESCRIPTION (Physical setting of overall project, both developed and undeveloped areas.) 1. Present Land Use:  Urban Industrial  Commercial Public Forest Agricultural Other: ________ 2. Total area of project area: ~12.5 Acres (chosen units also apply to following section) Approximate Area (units in Question 2 apply to this section)Currently After Completion 2a. Meadow or Brushland (non-agricultural) 2b. Forested 2c. Agricultural 2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)] 2e. Water Surface Area 2f. Public 1.5 1.5 2g. Water Surface Area 2h. Unvegetated (rock, earth or fill) 2i. Roads, buildings and other paved surfaces 11 11 2j. Other (indicate type) 3a. What is predominant soil type(s) on project site (e.g., HdB, silty loam, etc.): Howard Chenango/Urban Fill 3b. Soil Drainage: N/A Well-Drained, ______% of Site   Moderately Well-Drained, ______% of Site Poorly Drained, ______% of Site 4a. Are there bedrock outcroppings on project site?  Yes  No  N/A 4b. What is depth of bedrock? N/A (feet) 4c. What is depth to the water table? N/A (feet) 5. Approximate percentage of proposed project site with slopes:  0-10% 100 %  10-15% % 15% or greater % 6a. Is project substantially contiguous to, or does it contain a building, site or district, listed on or eligible for the National or State Register of Historic Places?  Yes   No  N/A If yes, identify:  Commons National Registered Historic District  Dewitt Park Historic District -Local & National 6b. Or designated a local landmark or in a local landmark district?  Yes  No  N/A Masonic Temple Ithaca Electric & Gas-123 S. Cayuga Street 7. Do hunting or fishing opportunities presently exist in the project area?  Yes  No    N/A If yes, identify each species: Page 4 A. SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant or animal life that is identified as threatened or endangered?  Yes  No  N/A According to: Identify each species: 9. Are there any unique or unusual landforms on the project site? (i.e., cliffs, other geological formations)  Yes  No N/A If yes, describe: 10. Is the project site presently used by the community or neighborhood as an open space or recreation area?  Yes  No  N/A If yes, explain: Outdoor Pedestrian Mall 11. Does the present site offer or include scenic views known to be important to the community?  Yes  No  N/A If yes, describe: East and West Hill 12. Is project within or contiguous to a site designated a Unique Natural Area (UNA) or critical environmental area by a local or state agency?  Yes  No  N/A If yes, describe: 13. Streams within or contiguous to project area: N/A a. Names of stream or name of river to which it is a tributary: N/A 14. Lakes, ponds, wetland areas within or contiguous to project area: N/A a. Name: b. Size (in acres): 15. Has the site been used for land disposal of solid or hazardous wastes?  Yes  No  N/A Describe: 16. Is the site served by existing public utilities? a. If Yes, does sufficient capacity exist to allow connection? b. If Yes, will improvements be necessary to allow connection?  Yes  No  N/A  Yes  No  N/A  Yes  No  N/A B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 1a. Total contiguous area owned by project sponsor in acres: 1.6 (paved surfaces owned by City) 1b. Project acreage developed: 12.5 acres initially 12.5 acres ultimately 1c. Project acreage to remain undeveloped: N/A 1d. Length of project in miles: (if appropriate) 1,350 feet 1e. If project is an expansion, indicate percent of change proposed: N/A 1f. Number of off-street parking spaces existing: N/A proposed: N/A Page 5 1g. Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A 1h. Height of tallest proposed structure: N/A feet. No structures are proposed; 1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? 1,350 feet 2. Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: N/A or added to the site: N/A 3. Specify what type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: N/A type of vegetation: N/A 4. Will any mature trees or other locally important vegetation be removed by this project? N/A 5. Are there any plans for re-vegetation to replace that removed during construction? N/A 6. If single phase project, anticipated period of construction: N/A months (including demolition) 7. If multi-phased project, anticipated period of construction: N/A months (including demolition) 7a. Total number of phases anticipated: N/A 7b. Anticipated date of commencement for first phase: N/A month N/A year (including demolition) 7c. Approximate completion date of final phase: N/A month N/A year 7d. Is phase one financially dependent on subsequent phases?  Yes  No  N/A 8. Will blasting occur during construction?  Yes  No  N/A; if yes, explain: 9. Number of jobs generated: during construction: 0 after project is completed: 0 10. Number of jobs eliminated by this project: 0 Explain: 11. Will project require relocation of any projects or facilities?   Yes   No  N/A; if yes, explain: 12a. Is surface or subsurface liquid waste disposal involved?   Yes   No  N/A; if yes, explain: 12b. If #12a is yes, indicate type of waste (e.g., sewage, industrial, etc.): N/A 12c. If surface disposal, where specifically will effluent be discharged? N/A 13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal?   Yes   No  N/A; if yes, explain: 14a. Will project or any portion of project occur wholly or partially within or contiguous to the 100 year flood plain?  Yes  No  N/A 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, Silver Creek? (Circle all that apply.) N/A 14c. Does project or any portion of project occur wholly or partially within or contiguous to wetlands as described in Article 24 Of the ECL?  Yes   No  N/A 14d. If #14a, b, or c is yes, explain: N/A 15a. Does project involve disposal or solid waste?   Yes  No  N/A 15b. If #15a is yes, will an existing solid waste disposal facility be used?  Yes  No  N/A 15c. If #15b is yes, give name of disposal facility: N/A and its location: N/A 15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?  Yes  No  N/A; if yes, explain: 15e. Will any solid waste be disposed of on site?  Yes  No  N/A; if yes, explain: 16. Will project use herbicides or pesticides?  Yes  No  N/A; if yes, specify: Page 6 17. Will project affect a building or site listed on or eligible for the National or State Register of Historic Places or a local landmark or in a landmark district?  Yes  No  N/A; if yes, explain: Some areas being re-zoned are located within Ithaca Commons Nationally Registered Historic District and nearby to locally registered historic buildings. 18. Will project produce odors?  Yes  No  N/A; if yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Yes  No  N/A; After construction?  Yes  No  N/A 20. Will project result in an increase of energy use?   Yes  No  N/A; if yes, indicate type(s): N/A 21. Total anticipated water usage per day: gals/day: N/A Source of water: N/A C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision?  Yes  No  N/A; if yes, indicate the decision required:  Zoning Amendment  Zoning Variance  New/revision of master plan  Subdivision Site Plan  Special Use Permit  Resource Management Plan  Other: 2. What is the current zoning classification of site? CBD-60, CBD-85, CBD-100, CBD-140 3. If the site is developed as permitted by the present zoning, what is the maximum potential development? N/A-This proposal will not affect maximum potential development 4. Is proposed use consistent with present zoning?  Yes  No   N/A 5. If #4 is no, indicate desired zoning: Amended CBD Zoning 6. If the site is developed by the proposed zoning, what is the maximum potential development of the site? The proposed zoning amendment will not have an impact on maximum potential buildout 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?  Yes  No  N/A; If no, explain: 8. What is the dominant land use and zoning classification within a ¼-mile radius of the project? (e.g. R-1a or R-1b) B-1a, B-1b, B-2d, B-2c, B-2d, B-4, C-SU, CBD-100, CBD-120, CBD-140,CBD-50, CBD-60, CBD-85, P-1, R-1a,R-1b, R-2a, R-2b, R-3a, & R-3aa 9. Is the proposed action compatible with adjacent land uses?  Yes  No  N/A Explain: 10a. If the proposed action is the subdivision of land, how many lots are proposed? N/A 10b. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any community-provided services? (e.g., recreation, education, police, fire protection, etc.)?  Yes  No  N/A Explain: If yes, is existing capacity sufficient to handle projected demand?  Yes  No  N/A Explain: N/A Page 7 12. Will the proposed action result in the generation of traffic significantly above present levels?  Yes  No  N/A If yes, is the existing road network adequate to handle the additional traffic?  Yes  No  N/A Explain: D. APPROVALS 1. Approvals: Common Council Adoption 2a. Is any Federal permit required?  Yes   No  N/A; Specify: 2b. Does project involve State or Federal funding or financing?  Yes  No  N/A; If Yes, Specify: 2c. Local and Regional approvals: Agency Yes or No Type of Approval Required Submittal Date Approval Date Common Council Yes Adoption Board of Zoning Appeals (BZA) No Planning & Development Board No Ithaca Landmarks Preservation Commission (ILPC) No Board of Public Works (BPW) No Fire Department No Police Department No Building Commissioner No Ithaca Urban Renewal Agency (IURA) No E. INFORMATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. F. VERIFICATION I certify the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: City of Ithaca Name: Jennifer Kusznir Title: Economic Development Planner Signature: ____________________________ Page 8 City of Ithaca Full Environmental Assessment Form (FEAF) PART 2 – PROJECT IMPACTS & THEIR MAGNITUDES IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Any construction on slopes of 15% or greater, (15 foot rise per 100 foot of length), or where the general slope in the project exceeds 10%.  Yes  No Construction on land where the 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 a designated floodway. Yes No Other impacts: existing development is in the 500 year flood plain Yes No 2. Will there be an effect on any unique landforms found on the site? (i.e., cliffs, gorges, geological formations, etc.)  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Specific land forms: Yes  No IMPACT ON WATER 3. Will project affect any water body designated as protected? (Under article 15 or 24 of the Environmental Conservation Law, E.C.L.)  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Developable area of site contains a protected water body  Yes No Dredging more than 100 cubic yards of material from channel of a protected stream.   Yes No Extension of utility distribution facilities through a protected water body.   Yes No Construction in a designated freshwater wetland.  Yes No Other impacts: Yes No 4. Will project affect any non-protected existing or new body of water?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Page 9 A 10% increase or decrease in the surface area of any body of water or more than a 10,000 sq. ft. of surface area.  Yes No Construction, alteration, or conversion of a 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 the Cayuga Inlet?   Yes No Other impacts:  Yes No 5. Will project affect surface or groundwater quality?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Project will require a discharge permit.  Yes No Project requires use of a 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 presently do not exist or 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 the storage of petroleum or chemical products greater than 1,100 gallons.  Yes No Other impacts:  Yes No 6. Will project alter drainage flow, drainage patterns or surface water runoff? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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:  Yes No IMPACT ON AIR 7. Will project affect air quality? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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 Page 10 Other impacts: Yes No IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Reduction of any species listed on the 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:  Yes No 9. Will proposed action substantially affect non- threatened or non-endangered species? Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action would substantially interfere with any resident or migratory fish or wildlife species.  Yes No Proposed action requires the removal or more than 1/2 acre of mature woods or other locally important vegetation.  Yes No Other impacts: X  Yes No IMPACT ON AESTHETIC RESOURCES 10. Will the proposed action affect views, vistas or the visual character of the neighborhood or community?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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 use, 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 the elimination or major screening of scenic views known to be important to the area.  Yes No Other impacts:  Yes  No IMPACT ON HISTORIC & ARCHAEOLOGICAL RESOURCES ― See Part III 11. Will proposed action impact any site or structure of historic, prehistoric or paleontological importance?  Yes  No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Page 11 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:  Yes No IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposed action affect the quantity or quality of existing or future open spaces or recreationa opportunities?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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: Yes No IMPACT ON UNIQUE NATURAL AREAS AND CRITICAL ENVIRONMENTAL AREAS 13. Will the 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 a reduction in the quality of the resource  Yes No Proposed Action will impact the use, function or enjoyment of the resource  Yes No Other impacts:  Yes No IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems?  Yes  No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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 the community's sources of fuel or energy supply?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Page 12 Proposed action causing greater than 5% increase in any form of energy used in municipality.  Yes No Proposed action requiring the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences. Yes No Other impacts: Yes No 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 Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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 the local ambient noise levels for noise outside of structure.   Yes  No Proposed action will remove natural barriers that would act as a noise screen.   Yes  No Other impacts:   Yes  No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety?  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Proposed action will cause a 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 a chronic low-level discharge or emission.   Yes  No Proposed action may result in the burial of “hazardous wastes” in any form (i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.)   Yes  No Proposed action may result in the 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 the 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 Storage facilities for 50,000 or more gallons of any liquid fuel.   Yes  No Page 13 Use of any chemical for de-icing, soil stabilization or the 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:   Yes  No IMPACT GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? See Part III  Yes No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? 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 The proposed action will replace or eliminate existing facilities, structures, or areas of historic importance to the community.   Yes  No Development will create a 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 Other impacts:   Yes  No 19. Is there public controversy concerning the proposed action? TBD― See Part III Yes   No Small to Moderate Impact Potential Large Impact Can Impact be Reduced by Project Change? Either government or citizens of adjacent communities have expressed opposition or rejected the proposed action or have not been contacted.   Yes  No Objections to the proposed action from within the community.   Yes  No If any action in Part II is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part III. Page 14 City of Ithaca Full Environmental Assessment Form (FEAF) — Part III Proposed Amendment to CBD Zone Requiring Street-Level Active Uses on Primary Commons October 26, 2015 PROPOSED ACTION The proposed action is an amendment to the CBD Zoning District that would require all properties that front on the Primary Commons to have active street level uses. Street level active uses encourage high levels of pedestrian activity and enliven the streetscape. The proposed changes would be consistent with the recently adopted MU-2 District in Collegetown, which requires street level active uses. Active uses in the proposed ordinance are defined as any of the following:  Retail Store or Service Commercial Facility  Restaurant, fast food establishment, or tavern  Theater, bowling alley, Auditorium, or other similar public place of assembly  Hotel  Library or Fire Station  Public park or Playground  Bank or Monetary Institution Additional uses may be permitted, if the Planning Board determines them to be an active use and grants special approval for the use This concept is also supported by the City Comprehensive Plan, which was adopted by the Common Council in September 2015. The plan outlines future uses for the downtown/core business area and states that ground- level active commercial activity will enliven the streetscape. This idea is also reinforced by the Downtown Ithaca Alliance 2020 Strategic Plan, which was strongly endorsed by the Common Council in April 2011. The Strategic Plan states that the plan relies on a dense urban core with a pedestrian-friendly street-level environment, and calls for zoning changes to encourage street-level activity. It further states that one of the key downtown planning principles is to maintain street-level retail uses in key locations. The proposed zoning change is intended to help support the investment the City has recently made in the Commons and make it a more vibrant, welcoming environment. ENVIRONMENTAL IMPACTS Impact on Historic & Archaeological Resources ― Small to Moderate Impact The proposed zoning affects properties that front on the nationally registered Ithaca Commons Historic District. The amendment will only impact allowable uses on the ground floor and should not negatively impact any of the structures. Impact on Growth & Character of the Community or Neighborhood ― Small to Moderate Impact The action being reviewed is a zoning change that will require active uses on the street level. All zoning changes create a precedent for future amendments. Negative impacts are not anticipated as a result of this proposal. Public Controversy A Public Hearing for this action is scheduled to be held on November 19, 2015. At this time, no comments have been received on this proposal. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Department of Public Works - Amendment to Personnel Roster - Resolution WHEREAS, recent installation of automated parking equipment in the City’s parking garages has reduced the number of needed Parking Lot Attendant positions for garage operations; and WHEREAS, operations and maintenance of the newly opened Commons will require additional full time staff in order to provide evening and weekend coverage; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: Three (3) Building and Grounds Maintenance Workers (40 hours/week) Delete: Five (5) Parking Lot Attendants (40 hours/week) and, be it further RESOLVED, That the funding for this change shall be derived from existing funds within the 2016 Department of Public Works budget. Civil Service Law, Section 22: Certification for positions. Before any new position in the service of a civil division shall be created or any existing position in such service shall be reclassified, the proposal therefore, including a statement of the duties of the position, shall be referred to the municipal commission having jurisdiction and such commission shall furnish a certificate stating the appropriate civil service title for the proposed position or the position to be reclassified. Any such new position shall be created or any such existing position reclassified only with the title approved and certified by the commission. Effective 1978. City of Ithaca Civil Service Commission 108 East Green Street - Ithaca, NY 14850 New Position Duties Statement Department head or other authority requesting the creation of a new position, prepare a separate description for each new position to be created except that one description may cover two or more identical positions in the same organizational unit. Forward one typed copy to this Commission. 1. Department Bureau, Division, Unit or Section Location of Position Public Works Parking Commons 2. Description of Duties: Describe the work in sufficient detail to give a clear word picture of the job. Use a separate paragraph for each kind of work and describe the more important or time-consuming duties first. In the left column, estimate how the total working time is divided. Job Title: BUILDING AND GROUNDS MAINTENANCE WORKER Percent of Work Time Job Duty 20 5 10 10 10 5 5 5 5 2 *Empty all trash containers on the Commons, Secondary Commons, Garages, Green Street open lot and other city locations daily in the downtown area as directed. Pick up all trash on a daily basis. Surface clean with Sweeper and Cyclone as needed. Perform daily walkthrough and sweep to collect any trash missed by Sweeper or Cyclone machine in between Sweeper or Cyclone operations. Power wash when needed: all walls, benches, sidewalks, stairwells, elevators, walkways, and Big Bellies. Hot mop, wash walls, polish, clean up fecal matter, urine, trash or garbage from all stairwells, walkways and elevators in Garages, Commons or Secondary Commons when needed. *Perform a complete and total wash down of all parking garages every Fall and Spring. * Maintain all planters on Commons, Secondary Commons and Garages: weeding, watering, landscaping, change over plantings, repair, and set up or removal of planters. Position moveable planters to where they are needed and are not obstructions to walkways. Moveable planters may be used for traffic control of pedestrians when needed. *Complete snow removal as needed for all areas using hand shoving, snow blowing, power brooming and/or plowing. Remove snow piles from area as needed using shovels, small tractors, bucket loader, dump trucks and sweepers within 72 hours to 144 hours (unless piles are too small to remove). *Table and Chair and Electrical Bollard Management: Tables and chairs are to be locked up each night and unlocked each day, wiped down, painted and repaired as needed. Clean up surrounding areas as needed. Move chairs on and off Commons as requested by DIA, Commons Coordinator, Superintendent of Public Works or Commons Working Supervisor. Keep tables and chairs out of Fire Lane at all times. Electrical Bollards will need to be unlocked from time to time as requested by the Commons Coordinator, DIA or Superintendent of Public Works. They will also need to be locked up when use is completed. Covers for Electrical Bollards will need to be maintained as well. Any repairs to electrical bollards should be done with the supervision of the City Electrician. *Maintain and Clean Playground and all interactive features daily, including the 4 kiosks. Make sure they are safe for all to operate and are in good working condition. Immediately report any broken features to Supervisor. *Pavilions must be cleaned as needed, but especially before and after events. Electrical boxes must be managed to insure that outside vendors do not overload the panel. Lighting must be managed as well, depending on the time of the event and what lighting is being put up by the event coordinator. Snow removal and leaf removal of the pavilion roof must be carefully done to ensure the safety of the employee as well as the public when work is being completed. *Fountain Maintenance must be completed daily according to manufactures requirements. Water must be tested and treated daily. Water may need to be cleaned or removed as needed. All checks must be recorded and logged. *After Major Events in the downtown area, inspect all streets and Commons areas that were used. Perform any additional cleaning as directed by Supervisor. *Customer service: Please answer customer questions, give directions, help out if needed, be polite, understanding and friendly to any and all customers that approach you. Please remember that each person on the Commons is someone’s customer and therefore important to the city. Smiling and pleasant conversations 2 2 2 5 5 2 5 is a requirement. *Answering Commons Phone: The phone will be assigned each shift to one individual for communication purposes. It must be answered and responded to especially on weekends. You may have to perform emergency clean ups like vomit, fecal matter, urine or trash. You may be required to fix garage equipment or deal with a customer issue. *All maintenance personnel will be required to know how to fix and maintain garage equipment. Open gates when needed and provide customer service. You may be required to carry the “Rover Phone “from time to time” to provide customer service when needed. *Picking up Trash in Collegetown: We will empty 6 trash receptacles on Friday, Saturday and Sunday each week as well as walk with broom and pick up the four block area in Collegetown. 100 and 200 Block of Dryden Road, 300 and 400 block of College Ave. *Miscellaneous Items: rebuild benches, remove graffiti, maintain the Creek Walk next to 6 Mile Creek, mow grass along creek, clear all trip hazards, weed trimming on Seneca Way, painting where needed, clear and repair drains, wash windows, clean window ledges, wipe handrails, water plants and trees, turn on & off water on the Secondary and Primary Commons and install and remove water meters, blow out lines. *We will also do the following work from “time to time”: Concrete work, jackhammering, forming, finishing, brick paver repair and replacement. *Lighting: replace bulbs and ballasts, and test and repair all lighting issues with the supervision of the city electrician. *Any and all maintenance projects or issues as directed by Supervisor (Attach additional sheets if more space is needed) 3. Names and Titles of Persons Supervising this position (General, Direct, Admini strative, etc.) Name Title Type of Supervision Duane Ross Working Supervisor Direct Frank Nagy Director of Parking General 4. Names and Titles of Persons Supervised by Employee in this position Name Title Type of Supervision None 5. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the incumbent of this new position Name Title Location of Position Jim Snyder Building and Grounds Maintenance Worker Commons Daniel Truesdale Building and Grounds Maintenance Worker Commons 6. What minimum qualifications do you think should be required for this position? Education: High School Years College Years, with specialization in College Years, with specialization in Experience: (list amount and type) One (1) year of full-time paid experience, or part-time paid equivalent, in general building construction, cleaning buildings, building maintenance, or repair work. Essential knowledges, skills and abilities: -Working knowledge of modern buildings and grounds maintenance and repair practices; working knowledge of safety precautions and practices -Efficiently and safely use tools and operate equipment related to building and grounds maintenance -Ability to understand and follow written and verbal instructions; ability to successfully work with and serve a diverse local community , mechanical aptitude; willingness to work under adverse weather conditions Type of license or certificate required: Class D Drivers License 7. The above statements are accurate and complete. Date: Title: Signature: Certificate of Civil Service Commission 8. In accordance with the provisions of Civil Service Law Section 22, the City of Ithaca Civil Service Commission certifies that the appropriate civil service title for the position described is: Title: Jurisdictional Classification: Date: Signature: Action by Legislative Body or Other Approving Authority 9. Creation of described position  Approved  Disapproved Date: Signature: Return One Completed Copy to Civil Service Commission 10.2 Police Department – Inter-Municipal Agreement for SWAT Mutual Aid - Resolution WHEREAS, the Ithaca Police Department and the Tompkins County Sherriff’s Office have long jointly staffed the Special Weapons and Tactics (“SWAT”) Team with officers from both agencies; and WHEREAS, this ongoing inter-municipal cooperation is authorized by New York General Municipal Law Section 209-m, and is most appropriately planned on an ongoing basis via inter-municipal agreement of the sort included herewith; and WHEREAS execution of an inter-municipal agreement for SWAT mutual aid will facilitate the receipt of grant funding in support of the SWAT Team’s work; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to execute, on advice of the City Attorney, an agreement substantially similar to that included herewith, governing the provision of SWAT mutual aid between the Ithaca Police Department and the Tompkins County Sherriff’s Office. 1 JOINT SPECIAL WEAPONS AND TACTICS TEAM INTERMUNICIPAL AGREEMENT FOR MUTUAL AID THIS AGREEMENT made this day of , 2016 by and between the County of Tompkins (“County”), a municipal corporation with offices located at 125 E. Court Street, Ithaca, New York, and the City of Ithaca (“City”), a municipal corporation with offices located at 108 E. Green Street, Ithaca, New York (each a “local government,” or collectively, “local governments”). WHEREAS, local governments are authorized to request and provide police assistance to each other pursuant to New York General Municipal Law (“GML”) Section 209-m, and WHEREAS, the temporary exchange of law enforcement officers and equipment for the purpose of mutual assistance is further contemplated by Section 209-m, and WHEREAS, Article 5-G of the GML authorizes municipal corporations to enter into agreements for the performance of their respective functions, powers, and duties on a cooperative or contract basis or for the provision of a joint service, and WHEREAS Article 5-G provides that such agreements may extend the appropriate territorial jurisdiction of the participants necessary to fulfill said service, and allow personnel assigned to a joint service to possess the same powers, duties, immunities, and privileges they would ordinarily possess if they performed them in the area where they are employed, and WHEREAS, GML Section 209-m, New York Criminal Procedure Law Sections 140.10(1) & (3), 120.60 et seq., and 690.25, and other applicable authority authorize law enforcement officers to exercise certain police powers and authorities outside their geographic area of employment when a request for assistance is forthcoming from another law enforcement agency, and WHEREAS, each party has authority to operate a Special Weapons and Tactics Team to respond to certain criminal acts or threats that are more effectively dealt with by a specially trained tactical team than standard police operations, and WHEREAS, the parties have determined that it is in the best interests of the respective communities and of mutual advantage to enter into this agreement for the provision of interagency law enforcement services, and 2 WHEREAS, the New York State Law Enforcement Accreditation Program has requested that the parties enter into an agreement formalizing the operation of the joint Special Weapons and Tactics Team; NOW THEREFORE, pursuant to the above considerations and the covenants and mutual benefits contained in this Agreement, the parties agree as follows: 1. Purpose. The parties recognize that certain criminal acts or threats are more effectively dealt with by a specially trained tactical team than standard police operations, and that in such situations the use of law enforcement officers to perform law enforcement duties and the use of law enforcement equipment and supplies outside the territory of the local government where the officers are legally employed may be desirable and necessary. The objectives of this Agreement are: a. the more effective and efficient use of law enforcement resources and services in responding to law enforcement intervention situations; b. an enhanced degree of cooperation between the Ithaca Police Department (“IPD”) and the Sheriff’s Office; c. the maintenance of a joint Special Weapons and Tactics Team (“SWAT Team”) composed of resources from and available to the Sheriff’s Office and IPD; d. the development and use of training exercises or programs where skills, knowledge, procedures, and expertise are shared by the parties; e. the adoption of rules and regulations providing for a single team commander and team leaders, a single set of standard operational procedures, training records maintenance, and the fiscal responsibilities of each agency; and f. the elimination of the need to follow the formal procedure set forth in GML Section 209-m as applied to requests for assistance from the other party in the form of personnel and/or equipment as part of SWAT Team activation. 2. Authorization. Intergovernmental SWAT Team service and assistance (mutual aid) may be provided among the parties during those times of both (i) emergency and (ii) routine law enforcement work of a non-emergency nature to fulfill a mutual aid request. Examples of the latter situation would be pre-arranged training exercises and programs as well as temporary assignment of law enforcement officers and/or equipment to another law enforcement agency for training or patrol purposes where the officers and/or equipment may be involved in police intervention situations. 3. Power and Authorization. a. Although the City is located within the County, for purposes of this Agreement, the City shall not be considered to be within the territorial limits of the County. Operations by the Sheriff’s Office within the City shall be considered operations outside the territory of the Sheriff’s Office. 3 b. Each party agrees that its law enforcement agency will supply personnel, equipment, and other available resources to the other party as part of the SWAT Team. The number of personnel and the amount or type of equipment to be supplied shall be determined by each party’s chief law enforcement officer, or his or her designee. c. The obligation to render mutual aid is strictly voluntary in nature. When the SWAT Team is activated, each party may hold back any personnel and equipment as deemed appropriate in the sole discretion of its chief law enforcement officer or his or her designee. Each party has the right to recall loaned personnel and equipment at any time. Neither party shall incur any liability or responsibility for the failure to respond to or recall any personnel provided in response to any request for assistance made pursuant to this Agreement. d. Each party authorizes its chief law enforcement officer, or his or her designee, to pre-arrange training exercises and programs as well as temporary assignment of officers and/or equipment to the other party for training purposes. Joint training for all personnel participating in SWAT Team operations will be conducted on topics and at times and places mutually agreed upon between the parties. IPD will maintain all SWAT Team-related training records. 4. Command Structure. a. During incidents occurring within the City, the Incident Commander will be a member of IPD, and during incidents occurring within the County but outside the City, the Incident Commander will be a member of the Sheriff’s Office. The Incident Commander shall be in command of the operation(s) under which the SWAT team is activated, and the SWAT Team Commander shall report to the Incident Commander. SWAT Team members will report to the SWAT Team Commander during incidents and training events. b. The parties’ chief law enforcement officers, or their designees, shall select a SWAT Team Commander by mutual agreement, and after consulting with the SWAT Team Commander, other team leaders and operators as needed. 5. Compensation, Expenses, and Liability. a. Except as otherwise provided in this Section 5, each party expressly waives all claims of whatever type or nature against the other and its personnel that may arise out of the performance of this Agreement. b. The party receiving aid pursuant to this Agreement shall defend, indemnify, and hold the assisting party harmless from any and all claims, costs, losses, damages, and judgments (including but not limited to reasonable attorney’s fees) against the assisting party arising from the negligence or wrongful acts of the party receiving aid, its officers, and its personnel. Each party shall notify the other of any claims or lawsuits received arising out of SWAT Team operations. 4 c. The parties agree that GML Section 209-m(5) applies to the assistance provided pursuant to this agreement. d. All individuals shall retain all of their pension, disability, contractual, and compensation rights while performing duties in accordance with this agreement. e. To the extent permitted by law, including but not limited to GML Sections 119-n, 119-o, and 209-m, all the powers (including the power of arrest), duties, rights, privileges, and immunities from liability which apply to the activities of the parties and the members of the SWAT Team when performing their functions within their respective territorial limits shall apply to the activities of the SWAT Team, team members, and other police officers or employees while furnishing tactical assistance outside their territorial limits under the terms of this Agreement unless otherwise provided by law or this agreement. 6. Rules and Regulations. The parties’ chief law enforcement officers shall establish uniform rules and regulations for the operation of the SWAT Team as necessary and appropriate to implement this agreement. Vehicles, firearms, equipment, and apparatus furnished in or for mutual aid shall be operated by personnel trained in the proper use of same. 7. Cooperation. a. In the event a SWAT Team activation results in an officer-involved shooting, accidental injury, or other event or results requiring investigation or review, both parties will cooperate and consult with each other in the conduct of such investigation or review. Each local government and each law enforcement agency will make available to the other any information or resources necessary to conduct such investigation or review. b. The Police Chief and the Sheriff will fully communicate, consult, and cooperate with each other to insure that a thorough, efficient and effective investigation or review is conducted and that unnecessary duplication is avoided. The results of such investigation shall be shared with each local government. c. Each party shall have access to the incident reports created by the other party related to incidents responded to under this Agreement. 8. Effective Date and Termination. a. This Agreement shall not be effective until approved by a majority vote of the governing board of each body, and shall continue through December 31, 2016. b. This agreement may be terminated on notice by either party at any time. Obligations previously incurred are not extinguished by the termination of the Agreement. 5 9. Miscellaneous. a. This agreement constitutes the entire agreement between the parties and cannot be modified or amended except by written agreement of the parties. b. Each party agrees to use best efforts to obtain and maintain certification from the SWAT Team Certification Program administered by the State of New York Municipal Police Training Council. c. Any media release or press conference regarding a SWAT Team activation will, if practicable, be coordinated in advance between the Police Chief and the Sheriff. The parties agree that media releases or press conferences will generally be initiated by the agency in whose territory the subject matter at hand occurred. d. This agreement shall not be construed or deemed to be an agreement for the benefit for any third party or parties. No third party or parties shall have any right of action under this agreement for any cause whatsoever. e. The laws of the State of New York shall govern this agreement. The parties agree to comply with all applicable federal, state, and local laws, rules, and regulations in connection with the performance of this Agreement. f. This agreement may be executed in any number of counterparts, each of which shall be deemed an original. g. For the purposes of this agreement, when involved in routine law enforcement work of a non-emergency nature, temporary assignments and training exercises, the law enforcement agency from which the equipment is assigned, or which is providing the training, or which is sponsoring the training exercise shall be deemed the assisting local government. IN WITNESS WHEREOF, the parties hereto have placed their hands and seals. County of Tompkins City of Ithaca By: ________________________ By: ___________________________ Joe Mareane, County Administrator Svante L. Myrick, Mayor By: ________________________ By: ___________________________ Kenneth Lansing, Sheriff John R. Barber, Chief of Police 10.3 A Resolution Authorizing the Issuance of $4,553,940 in Bonds for the City of Ithaca to Pay the Cost of Certain Capital Improvements WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; now, therefore be it RESOLVED, by the affirmative vote of not less than two-thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $4,953,940 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes, including in each case incidental improvements, equipment, machinery, apparatus, appurtenances, furnishings and expenses in connection therewith, are as follows: a) Construction and reconstruction of various streets throughout and in and for said City, at a maximum estimated cost of $430,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $430,000 of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law; b) Refurbishment of a 1999 fire truck and replacement of the chassis, for said City, including incidental equipment, at a maximum estimated cost of $455,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $455,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 20 years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law; c) Design and planning costs for determination of a new site and construction of a new East Hill Fire Station, in and for said City, at a maximum estimated cost of $500,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $500,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; d) The purchase of various vehicles and equipment items, at an aggregate maximum estimated cost of $534,440, allocated as follows: (i) Purchase of equipment for maintenance purposes, each item of which costs $30,000 or more, for said City, at an aggregate maximum estimated cost of $323,300. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $323,300 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 15 years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the Local Finance Law; (ii) Purchase of police cars to replace those in service for one year or more, for said City, at a maximum estimated cost of $185,640. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $185,640 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law; and (iii) Purchase of passenger vehicle for City Hall use, for said City, at a maximum estimated cost of $25,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $25,500 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 3 years, pursuant to subdivision 77(1st) of paragraph a of Section 11.00 of the Local Finance Law. e) Purchase and installation of parking pay stations, parking equipment and electronic meter heads, in and for said City, at a maximum estimated cost of $407,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $407,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 50 of paragraph a of Section 11.00 of the Local Finance Law; f) Replacement of the Club House roof at the City’s golf course, including incidental improvements and expenses, in and for said City, at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $51,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; g) Upgrades to the City’s computer financial system (MUNIS), including incidental expenses in connection therewith, for said City, at a maximum estimated cost of $150,000. It is hereby determined that the plan for the financing of such class of objects or purposes shall consist of the issuance of $150,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purposes is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law; h) Reconstruction of the Cass Park Ice Rink, including removal of the low emissivity ceiling, replacement of rink lighting and rooftop insulation and membrane, as well as incidental improvements and expenses in connection therewith, in and for said City, at a maximum estimated cost of $1,300,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $1,300,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 25 years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law; i) Design for the replacement of the North Aurora Street Bridge over Cascadilla Creek, including incidental expenses therewith, in and for said City, at a maximum estimated cost of $214,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $214,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62(2nd) of paragraph a of Section 11.00 of the Local Finance Law; j) Replacement of two air conditioning condensing units at the Greater Ithaca Activities Center gym, including incidental expenses in connection therewith, in and for said City, at a maximum estimated cost of $77,500. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $77,500 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local Finance Law; k) Replacement of a retaining wall supporting sidewalks on Spencer Street, including incidental costs in connection therewith, in and for said City, at a maximum estimated cost of $100,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $100,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law; and l) Design and site preparation work at certain City dams for safety improvements required by the State Department of Environmental Conservation, including dredging, anchoring and shoring of dams, in and for said City, at a maximum estimated cost of $735,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $735,000 bonds of the $4,953,940 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 30 years, pursuant to subdivision 22 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $4,953,940, and the plan for the financing thereof is by the issuance of the $4,953,940 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance with the maximum estimated cost of each stated in Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. 14. MAYOR’S APPOINTMENTS: 14.1 Recommendations to Tompkins Consolidated Area Transit Board – Resolution RESOLVED, That Common Council recommends that Ducson Nguyen be elected as a director of the Tompkins Consolidated Area Transit Board to fill Kevin Sutherland's unexpired term as provided in TCAT’s bylaws, with Ducson Nguyen’s term beginning immediately and continuing until TCAT's December 2016 annual meeting, and until his successor to fill the remainder of the unexpired term (until December 31, 2017) is elected and qualified; and, be it further RESOLVED, That Common Council recommends that William Gray be re-elected as a director of the Tompkins Consolidated Area Transit Board with a term to expire December 31, 2018.