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.