HomeMy WebLinkAbout03-02-16 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, March 2, 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:
5.1 Update on Emerald Ash Borer (EAB) Management Plan – City Forester Grace
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 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
City Administration Committee:
8.2 An Ordinance to Amend The City Of Ithaca Municipal Code Chapter 5, Entitled
“Public Art Commission” To Amend Section 5-3 entitled “Commission
Membership”
8.3 Youth Bureau – Request to Amend 2016 Budget - Resolution
8.4 Planning, Building, Zoning, & Economic Development – Request to Amend the
2016 Department Budget - Resolution
8.5 Human Resources – Request to Amend Authorized Budget for a Safety Grant -
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 add Section 325-13 entitled “Temporary Mandatory Planned
Unit Development for the Waterfront”
A) Declaration of Lead Agency – Resolution
B) Declaration of Environmental Significance – Resolution
C) Adoption of Ordinance
Common Council Meeting Agenda
March 2, 2016
Page 2
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE (Continued):
9.2 An Ordinance to Amend The City of Ithaca Municipal Code Chapter 325, Entitled
“Zoning,” to Add Section 325-8D(3) To Create a Requirement for Street Level
Active Uses on the Primary Commons
10. CITY ADMINISTRATION COMMITTEE:
10.1 Police Department - Request to Amend Personnel Roster
10.2 City Attorney - Authorization to Use City Parkland for Non-motorized Watercraft
Concessions and Boat Storage Racks - Resolution
10.3 City-County Law Enforcement Consolidation - Resolution
10.4 Finance – Transfer Unused Trust Funds - Resolution
10.5 Police Department – Request to Amend Authorized Budget for a Security and
Emergency Services Grant - Resolution
10.6 Mayor - Appointment of City Chamberlain - Resolution
10.7 City Controller’s Report
11. REPORTS OF SPECIAL COMMITTEES:
12. NEW BUSINESS:
12.1 Amendments to Fringe Benefits for Managerial Personnel - Resolution
13. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
14. MAYOR’S APPOINTMENTS:
14.1 Personnel – Appointment of Greater Ithaca Activities Center Director - 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 31, 2015 Special Common Council Meeting Minutes –
Resolution
18.2 Approval of the February 3, 2016 Common Council Meeting Minutes –
Resolution
Common Council Meeting Agenda
March 2, 2016
Page 3
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: February 25, 2016
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update on Emerald Ash Borer (EAB) Management Plan – City Forester
Grace
City of Ithaca
Emerald Ash Borer (EAB) Management Plan
Management update 2016
Background: Emerald Ash Borer (EAB) is a small (0.5” long, size of a grain of rice)
metallic green insect that is killing ash trees in the United States. This insect is originally
from Asia and ash trees native to North America have no natural resistance to the EAB,
which causes 100% mortality of ash trees in areas where the insect is present. The
insects can fly quite well to infest new areas but the primary mode of new infestations is
thought to be from human action (i.e. transporting infested firewood). There are several
pesticide treatment options that can be used to effectively treat and protect ash trees.
The EAB has been detected in many Mid Atlantic and Midwestern States and has
caused widespread mortality in all species of Ash trees. It has recently been detected in
Pennsylvania and parts of New York State (Western NY, Hudson Valley, Syracuse,
Rochester and Bath). Programs to slow the spread of the insect are in place in New
York State but complete eradication of the insect is not considered a viable reality. The
spread of the insect to Ithaca is inevitable. If no action is taken to manage the Ash trees
in the City of Ithaca, the insect will kill every ash tree and we will be responsible for the
removal and replacement of all the ash trees in the city right-of-way and parks.
The map below shows the locations of confirmed EAB infestations in NYS. There have
been no confirmed infestations in Tompkins County but there are infested areas
surrounding the county.
In newly infested areas, the insects target the weak and stressed ash trees. The
individual insects are small and can take several years to kill a healthy vigorous tree
when the insect population is low. As the EAB population, in an infested area, builds the
insects attack all ash trees and the rate of tree mortality increases. As you can see from
the chart below the rate of tree death drastically increases as the infestation “ages”.
During this time the rate of tree death far exceeds a community’s ability to remove dead
trees. This is where the infestation gets expensive. We are now in a good place
strategically. We have no infestation (or a very low, undetectable level) so we have all
management options in front of us. We have time to plan and start managing our Ash
tree population now.
Scope: The City of Ithaca tree inventory lists approximately 350 ash trees in city-right-of
way, which constitutes approximately 4% of the public tree population. There is no
inventory information for city natural areas but ash species comprise approximately 10-
15% of wooded land in NYS.
The cost of doing nothing and waiting for the death of ash trees in Ithaca is the most
expensive course of action. Once there is a significant population of EAB in the area
there will be a rapid death of the ash tree population. Once dead, ash is a species that
fails (breaks apart, dropping limbs or falling of entire trees) in a relatively short time
(within a few years) so dead trees cannot be left to stand for too long. If we manage an
infestation reactively and remove dead trees as they appear, the rate of tree death
would eventually exceed the rate of removal that the City of Ithaca tree crew could
manage. In addition, there would be a cost of disposal of this large volume of wood in a
short period of time. There would also be a measurable decrease in environmental
services with the relatively rapid loss of such a large number of trees from the urban
canopy.
Action Plan:
In 2013, a basic management plan was developed to treat and protect select trees and
remove and replant others. The management plan utilizes a matrix to determine which
trees will be good candidates for treatments. A planned removal and replacement of
trees not meeting the treatment criteria will reduce the number of trees we will have to
deal with when the infestation reaches Ithaca.
Treatment criteria:
Tree size – Only trees greater than 8” in diameter will be considered for treatment.
Trees of this size or smaller are easily removed and replaced, making this a more cost
effective choice than treating the tree for the foreseeable future.
Tree health – Only trees determined to be in good health and free of significant
structural defects will be given priority for treatment. Trees in poor health or very large
trees that have compromised vascular systems will also not be considered for
treatment. They will not distribute the chemical well throughout the canopy. These trees
could be treated but would likely not be fully protected and would show signs of damage
from the beetle.
Location conflicts – Only trees not under utility line easements and trees in tree lawns
greater than 5 feet in width will be considered for treatment. Ash trees in conflict with
utility lines (planted under high voltage utility lines requiring routine clearance pruning)
will not be considered for treatment. Ash trees planted in tree lawns with less than 5 feet
width will not be considered for treatment. These trees will likely cause sidewalk
damage (if they have not already) and limited soil volume will likely limit future tree
growth.
Landscape significance – Trees that fall outside the above criteria may be considered
for treatment if they provide a significant historical or aesthetic value to a location (i.e.
Ash trees at Stewart Park).
Treatment options:
It is generally recommended that treatment of trees should begin when there is a
confirmed infestation within 10-15 miles. Therefore, we do not need to start treatment
now.
For the trees that are selected to be treated there are several treatment options. I think
one of the best options is a product called Tree-age (active ingredient ememectin
benzoate). The chemical is injected directly into the tree which confines the uptake of
the chemical to the target tree. It has the longest active time of the available chemicals
and would need to be re-applied only every 3 years (could be stretched longer if pest
pressure is low).
Other available chemicals have shorter active rates and/or are applied through soil
application or trunk spray (active ingredients imidiacloprid and dinotefuran), which
increases the risk of pesticide drift and impact on non-target organisms.
All these chemical treatments mainly target the larval stage of the insect while it is
feeding under the bark of the tree. Eating the leaves of treated trees will kill the adults
as well. Adult female EAB insects need to feed on leaves for a short time before laying
eggs. Since the foliar feeding is not a significant cause of damage to the trees this adult
mortality doesn’t save individual trees however, it can help to slow the population
growth of the insects. Adult females feeding on leaves of treated trees will be killed prior
to laying eggs on untreated trees, thus slowing the rate of population growth.
Treatment recommendation and estimated cost
Street trees: Currently about 4% of street trees are Ash. Currently, about 150 street
trees would meet the criteria for protective treatment (total trunk diameter 2,225). This is
approximately 60% of the Ash trees on the city streets (1.5% of total street trees). The
treatment method I recommend is trunk injection of Tree-age. The cost of treating these
trees would be approximately $15,000 (approximately $7 per diameter inch of trunk)
every 3 years. This treatment method would be done by a certified contractor.
Stewart Park: Currently, 53 ash trees remain. I recommend treating nearly all remaining
ash trees in Stewart Park at time of infestation. Ash makes up a high proportion of trees
at Stewart Park (approximately 14%). The trees at this site are very important to the
character of the park, for example all the large trees around the small pavilion and
playground area are ash. The sudden loss of these trees would severely negatively
impact the quality of the location. These old trees may not distribute the chemical
effectively and some treated trees may need to be removed, but at this site it seems
worthwhile to save as many large old trees as possible. To treat about 1000 diameter
inches of tree (40 trees) will cost approximately $6000 every 3 years. This treatment
method would be done by a certified contractor.
.
Golf Course: Ash make up 15% of trees on golf course. Planning for these trees is vital.
Many of the ash are large trees at this site. Removing trees from this site will likely be
expensive due to the difficulty of access. The golf course manager will be determining
which trees are vital to play of the course. I anticipate the cost to be comparable to
Stewart Park, approximately $6000 every 3 years. This treatment method would be
done by a certified contractor.
Actions already taken and needed action:
The City of Ithaca has not planted Ash trees since 2003 in anticipation that the EAB
would eventually reach Ithaca. There has been no confirmed EAB infestation in
Tompkins County or within 10 miles of the City of Ithaca (the suggested distance to
begin protective treatments). All members of the tree crew are knowledgeable of EAB
infestation signs and symptoms and continue to monitor city trees. Numerous
suspicious trees have been reported but none have been confirmed to be infested.
Ash trees in poor condition have been removed and replaced. Several large ash trees in
Stewart Park have been removed and 20 new trees were planted. Funding for the new
trees was through a Department of Environmental Conservation Community & Urban
Forestry Grant.
This winter we will continue removing ash trees in poor condition and will be starting to
remove trees that have experienced utility pruning, starting with the most severely
pruned.
Outreach has been done to city residents to inform them on the issues surrounding the
EAB. Volunteers from the Shade Tree Advisory Committee have offered to identify ash
trees on residents’ property in Fall Creek, but did not get much response. While private
trees are not the city’s responsibility, private trees that die and fall into the public streets
will be a problem as well as neighbor disputes regarding tree responsibilities and
possible property damage. This is an area we should think about getting more involved
in.
Where management plans were not proactively implemented, some communities have
needed to treat trees that will eventually be removed just to stay ahead of tree mortality.
In Ithaca, if we implement this plan we may be able to treat only trees we plan on
preserving long-term, having removed and replaced most of the ones we do not have
interest in treating before the insect arrives.
The exact time when an infestation will be confirmed is unknown. New infestations are
usually confirmed during the adult flight season (June) but could be any time of year.
Treatment must begin in the Spring, after infestation is confirmed, to be most effective.
This may not conform to a budget request timeline. It would be wise to have reserve
funding so action can be taken quickly after an infestation is detected.
8. CONSENT AGENDA ITEMS:
Department of Public Information and Technology:
8.1 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining; and
WHEREAS, this use of public property has been deemed proper and successful; and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining; and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons; and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable; and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2016, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
8.2 An Ordinance to Amend The City Of Ithaca Municipal Code Chapter 5,
Entitled “Public Art Commission” To Amend Section 5-3 Entitled “Membership”
WHEREAS, the City of Ithaca Public Art Commission was established in 1999 to advise
the Common Council on decisions concerning the selection, acquisition, and display of
public art; and
WHEREAS, the Public Art Commission was established to consist of seven members,
including at least five city residents and four individuals that have demonstrated
expertise in the field of design, visual arts, architecture or landscape architecture; and
WHEREAS, while it is desirable to have members with strong connections to the
community, it has been difficult to maintain a membership with five city residents; now,
therefore,
ORDINANCE NO. 2016-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the City of Ithaca Municipal Code Chapter 5 entitled “Public Art Commission” be
amended to read as follows:
Section 1. Chapter 5, Section 5-3 of the City of Ithaca Municipal Code entitled
“Membership” is hereby amended to read as follows:
§ 5-3. Membership.
A. The Commission shall consist of seven members, all of whom shall be voting
members, appointed by the Mayor subject to the approval of the Common
Council. Of the seven members, at least four five shall be residents of the City
of Ithaca. At least four members of the Commission shall demonstrated
expertise in the field of design, visual arts, architecture or landscape architecture.
B. Nonvoting members of the Commission shall include a liaison from the Common
Council, a member of the Department of Planning, Building, and Development,
a member of the Department of Public Works, and the Directors of the
Community Arts Partnership and the Downtown Ithaca Alliance Ithaca
Downtown Partnership (or their successors). The Mayor may make other
nonvoting appointments as deemed necessary and appropriate.
Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion
of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, then that decision shall not affect the validity of the remaining portions of
this ordinance.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
8.3 Youth Bureau – Request to Amend 2016 Budget - Resolution
WHEREAS, the Ithaca Youth Bureau has requested to amend the 2016 budget in order
to meet unexpected needs in the Big Brothers Big Sister(BBBS) Program and new
requirements at the National level; and
WHEREAS, part-time seasonal assistance is needed to run the weekly program for
children on the waitlist, recruit volunteer mentors and run special events; and
WHEREAS, Big Brothers Big Sister Program has received a donation that it would like
to transfer from the Every Child Has an Opportunity Fund; and
WHEREAS, this amendment requires no additional funds from the City; now, therefore
be it
RESOLVED, That Common Council hereby amends the 2016 Youth Bureau Budget as
follows:
Increase Appropriations Account:
A7310-5120-1206 Hourly Part-time Seasonal $3,480
A7310-9030 FICA/Medicate $266
A7310-9040 Workers’ Comp. $304
Increase Revenue Account:
A7310-2070-1206 One-to One BBBS Donations $4,050
“An Equal Opportunity Employer with a commitment to workforce diversification.”
Ithaca Youth Bureau
1 James L. Gibbs Drive
Ithaca, New York 14850
Phone: (607) 273-8364
Fax: (607) 273-2817
“Building a foundation for a lifetime.”
TO: City Administration Committee
FROM: Liz Vance, Director
Suki Tabor, Deputy Director
RE: Amendment Youth Bureau 2016 Budget
DATE: February 1, 2016
We are requesting permission to amend the 2016 Youth Bureau budget in order to meet
unexpected needs in the Big Brother Big Sister Program and new requirements at the National
level. Part-time seasonal assistance is needed to run the weekly program for children on the
waitlist, recruit volunteer mentors and run special events.
BBBS has received a donation that we would like to transfer from the ECHO fund. We would
like to make the following amendments to the 2016 Youth Bureau budget:
Increase expenses:
Account # A 7310-5120-1206 Hourly Part-time Seasonal $3,480
Fringe Benefits $ 570
Total $ 4,050
Increase revenues
Account # A7310-2070-1206 One-to One BBBS Donations $4,050
This request does not require any additional funds from the City.
Thank you.
8.4 Planning, Building, Zoning, & Economic Development – Request to Amend
the 2016 Department Budget - Resolution
WHEREAS, the City’s Public Art Commission was awarded a grant to complete a third
round of electrical box murals in 2016; and
WHEREAS, the grant funds will be used for artist stipends and supplies; now, therefore,
be it
RESOLVED, That Common Council hereby accepts funding from the Community Arts
Partnership’s Grants for Arts Program in the amount of $2,100 and amends the 2016
Department of Planning, Building, Zoning, & Economic Development authorized budget
as follows:
Increase Revenue Account:
A8020-3989 Planning State Aid Home & Community $2,100
Increase Appropriations Account:
A8020-5435 Planning Contracts $2,100
TO: City Administration Committee
FROM: Megan Wilson, Senior Planner
DATE: February 3, 2016
RE: Acceptance of Public Art Grant
The City’s Public Art Commission was recently awarded a grant through the Community Arts
Partnership to complete a third round of electrical box murals this year. The grant funding will be
used to pay stipends to each of the artists and to purchase primer and other supplies for the
project. Acceptance of the grant does not require a match or other financial commitment from the
City.
A call for art will be issued this spring to select artists for the project, and it is anticipated that the
murals will be installed over the summer. If you have any questions about the grant or the
upcoming mural project, please contact me at mwilson@cityofithaca.org.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: 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
8.5 Human Resources – Request to Amend Authorized Budget for a Safety
Grant – Resolution
WHEREAS, the City applied for and received an Occupational Safety and Health
Training and Education Program Grant from the New York State Department of Labor in
the amount of $12,287; and
WHEREAS, the grant period will run until July 31, 2016, and provide City staff with
various safety training, including, but not limited to: confined space, trenching,
excavation, lockout/tagout, hazard communications and work zone safety; now,
therefore be it
RESOLVED, That Common Council hereby amends the 2016 Authorized Human
Resources Budget to account for the $12,787 Safety and Health Training and Education
Program Grant from New York State as follows:
Increase Revenue Account:
A1430-3489 NYS Aid Health $12,787
Increase Appropriations Account:
A1430-5435 Human Resources Contracts $12,787
9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
entitled “Zoning” to add Section 325-13 entitled “Temporary Mandatory Planned
Unit Development for the Waterfront”
A) Declaration of Lead Agency – Resolution
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law; and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action; and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to Create a Temporary
Mandatory Planned Unit Development (TMPUD) Zone in the Waterfront Study Area.
B) Declaration of Environmental Significance – Resolution
WHEREAS, The Common Council is considering a proposal to create a Temporary
Mandatory Planned Unit Development (TMPUD) Zone in the Waterfront Study Area;
and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Full Environmental Assessment Form (FEAF), dated January 26, 2016;
and
WHEREAS, the proposed action is a “Unlisted” Action under the City Environmental
Quality Review Ordinance; and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the 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 January 26, 2016; and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary; and, be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
C) Adoption of Ordinance
ORDINANCE NO. 2016-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the City does hereby establish a Temporary Mandatory Planned Unit Development
(TMPUD) District for the Waterfront Study Area as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning” is hereby
amended to add Section 325-13 entitled “Temporary Mandatory Planned Unit
Development (TMPUD) District” to read as follows:
§ 325-13. Temporary Mandatory Planned Unit Development (TMPUD) District
A. Declaration of Legislative Authority. This Planned Unit Development (PUD)
Ordinance is being enacted pursuant to the authority established in the New York
State General City Law §81-f.
B. Purpose and Intent.
A Temporary Mandatory Planned Unit Development District (TMPUD) is
hereby established, for a period up to 18 months from the effective date of
this ordinance, it being the intent of the Common Council that during that time
the City will adopt land use regulations to implement a waterfront plan, the
adoption of which regulations shall repeal this ordinance, or shall amend this
ordinance to render the TMPUD non-mandatory.
The purpose of this TMPUD is to provide the Common Council with
transitional oversight for potential development projects in order to ensure
that development in the waterfront study area supports the goals of the City’s
Comprehensive Plan, which may differ from the pre-existing zoning in this
area. This is intended to allow the Common Council a reasonable period of
time in which to establish a plan for the waterfront study area and to adopt
compatible zoning standards.
Under this ordinance, the Common Council intends to employ the
recommendations established in the Comprehensive Plan when determining
whether to approve a proposed development in the waterfront study area.
The TMPUD will mandatorily apply to proposals for new construction or for
development proposals that will change an existing building footprint by more
than 50%, but shall not apply to any other construction or development, which
shall remain subject to otherwise-applicable zoning ordinance.
C. Background.
1. In September of 2015, the Common Council adopted Plan
Ithaca, as Phase I of the City of Ithaca’s Comprehensive
Plan. This plan identifies the desired future land uses in the
City, as well as areas where development is anticipated and
encouraged, identifying community goals and
recommendations for achieving these goals.
2. On August 17, 2015, the City of Ithaca Comprehensive Plan
Committee submitted a written recommendation to the City
that included developing a plan for the waterfront as a
priority for the next phase of the City’s Comprehensive Plan.
3. In November of 2015, the Planning and Economic
Development Committee of the Common Council directed
Planning Staff to begin working on a waterfront development
plan as a part of the next phase for the Comprehensive Plan.
The existing developable land along the City’s waterfront is
currently zoned WF-1, WF-2, SW-2, P-1, and I-1.
The City Comprehensive Plan identifies the goals for the Waterfront Mixed
Use area as the creation of a mixed use district, including commercial, and
housing, with an emphasis on uses that create an active waterfront
environment.
The City Comprehensive Plan further notes that “new development should
protect view sheds and allow public access to the waterfront. Pedestrian and
bicycle connections should be improved, particularly to adjacent mixed use
areas. Developable space in the waterfront area is at a premium and reducing
the impacts of parking in new development should be carefully considered.”
The City Comprehensive Plan also identifies the adjacent areas that are
currently zoned industrial as having potential for additional development and
employment opportunities. The waterfront study is intended to guide the City’s
decisions as to where and what type of development is appropriate, which will
be determined by the Waterfront Development Plan currently being
undertaken.
4. In 2014, the City adopted a floating PUD that could be used
in any I-1 Zoning District. A PUD allows for flexibility in
planning and design, while through the process of review
and discussion, ensures efficient investment in development
that, among others, forwards a City’s comprehensive plan.
Because the zoning in this area is in transition, the
temporary mandatory PUD will enable development to
continue during the crafting of new land use regulations,
subject to Common Council’s oversight.
D. Effective Period
This TMPUD shall be in effect, within the boundaries described in Subsection E,
herein, for a period of eighteen (18) months from the effective date of this
ordinance, as described in Section 4, herein.
E. Affected Properties and Boundaries of the TMPUD
1. All new construction and any construction that enlarges the footprint or
total floor space of an existing building by 50% or more will be subject to
the TMPUD under this ordinance, and—absent compliance with the
TMPUD—shall not be entitled to proceed in reliance on pre-existing land
use regulations, which absent the TMPUD might or would have enabled
their construction. Any changes to existing structures that do not enlarge
the footprint or total floor space of an existing building by 50% are not
subject to the TMPUD and remain subject to the pre-existing underlying
zoning.
2. The TMPUD shall be located in the waterfront study area, whose
boundaries can be seen on the map entitled Proposed Waterfront Study
Area-dated 12/9/2015.
F. Permitted Principal and Accessory Uses.
In the TMPUD, buildings and land may be for uses which the Common
Council may pursuant to TMPUD application authorize, including Council’s
consideration and potential authorization of development restrictions such
as yard size, height restriction, building coverage, and lot size,. In
addition, the Common Council may impose any conditions or limitations
that are determined to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, requiring acoustical or
visual screening, construction sequencing, and requiring bonds or other
assurances of completion of any infrastructure to be built as part of the
development.
G. Site Plan Approval.
No structure shall be erected or placed within the TMPUD, no building
permit shall be issued for a building or structure within the TMPUD, and no
existing building, structure, or use in the TMPUD shall be changed, unless
the proposed building and/or use is in accordance with a site plan
approved pursuant to the provisions of Chapter 276 of the City of Ithaca
Code.
H. Criteria.
Common Council will consider an application for any development within
the TMPUD on the following criteria, among others:
Is the project in accordance with the City Comprehensive Plan,
which specifically lists the following:
Promoting mixed use development, including commercial
and housing
Emphasizing waterfront activities
Reducing impacts of parking
Providing for additional employment opportunities
Promoting public access to the waterfront
Enhancing and preserving any environmentally sensitive
areas
I. Application Process.
Any applicant seeking approval of a TMPUD, will be subject to the
application process established in Subsection 12(G) of this Chapter,
without regard therein to any references to underlying zoning or alternate
processes.
J. Additional Requirements.
For any new construction in the TMPUD, the Common Council may
impose such conditions or limitations that the Council, in its legislative
discretion, may determine to be necessary or desirable to ensure that the
development conforms with the City Comprehensive Plan, including
limiting the permitted uses, location and size of buildings and structures,
providing for open space and recreational areas, and requiring bonds or
other assurances of completion of any infrastructure to be built as part of
the development.
K. Expiration.
A developer who receives PUD approval will have 24 months to begin
construction of their project. If construction on the property has not been
developed in accordance with the approved plan after 24 months, the
PUD will automatically be revoked, unless otherwise stated by the
Common Council. In the case of extenuating circumstances the developer
may apply to the Common Council for an extension of PUD approval. If
the site plan changes significantly, said significance as determined by the
Director of Planning and Development, it may require re-consideration by
the Common Council. The Director of Planning and Development may
determine that the changes are minor and do not require re-approval.
L. Exemptions.
Construction, alterations or demolition authorized by building permits which
were issued on or before the effective date of this Section shall be exempt
from the provisions of this TMPUD.
Section 2.
Supersession. This Section 325-13 is intended to supersede any provision of the City
Code insofar as said provision is inconsistent with Subsection 325-13(E)(1) herein.
Section 3.
Severability. If any section, subsection, sentence, clause, phrase or portion of this Section
325-13 is held to be invalid or unconstitutional by a court of competent jurisdiction, then
that decision shall not affect the validity of the remaining portions of this ordinance.
Section 4.
Effective Date. This Ordinance shall take effect immediately and in accordance with law
upon publication of notice as provided in the Ithaca City Charter, and shall expire 18
months after the effective date, except as to any application for any development within
the TMPUD that is filed under this ordinance prior to its expiration and not thereafter
withdrawn by the applicant.
Full Environmental Assessment Form (FEAF) Back-Up Item 9.1
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 AND 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: Proposal to Create Planned Unit Development (PUD) Floating Zone District
Name of Lead Agency: City of Ithaca
Name & Title of Responsible Officer in Lead Agency: Mayor Svante Myrick
Signature of Responsible Officer in Lead Agency:
Name & Title of Preparer: Jennifer Kusznir, Economic Development Planner
Signature of Preparer:
Date: June 3, 2014
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: Proposal to Create a Temporary Mandatory Planned Unit Development Zone in the
Waterfront Study Area
Location of Action: City of Ithaca
Name of Applicant/Sponsor: City of Ithaca
Address: 108 E. Green St. (City Hall)
City/Town/Village: Ithaca State: NY ZIP: 14850
Business Phone: 607-274-6550
Name of Owner(if different): n/a
Address: n/a
City/Town/Village: n/a State: n/a ZIP: n/a
Business Phone: n/a
Description of Action: The action being considered is a proposal to establish a Temporary Mandatory
Planned Unit Development (TMPUD) District to be located in the Waterfront Study Area, the
boundaries of which are shown on the map entitled “Proposed Waterfront Study Area”, dated
12/9/2015.
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: X Urban X Industrial X Commercial X Public Forest
Agricultural Other:
2. Total area of project area: (Chosen units apply to following section also) 216 Acres
Approximate Area (Units in question 2 apply to this section)Currently After Completion
2a. Meadow or Brush land (non-agricultural)
2b. Forested
2c. Agricultural
2d. Wetland [as per Articles 24 of Environmental Conservation Law (ECL)]
2e. Water Surface Area
2f. Public ~ 36 ~36
2g. Water Surface Area .~ 12 ~12
2h. Unvegetated (rock, earth or fill)
2i. Roads, buildings and other paved surfaces ~167 acres. ~167 acres
2j. Other (indicate type)
3a. What is predominant soil type(s) on project site (e.g. HdB, silty loam, etc.): Hamlin, fan-Palmyra,
Sloan-Teel, alluvial land, Hamlin-Teel
3b. Soil Drainage: Well-Drained ___100___% of Site
Moderately Well Drained ______% of Site
Poorly Drained ______% of Site
4a. Are there bedrock outcroppings on project site? Yes X 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:
X 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?
X Yes No N/A
Chemung Canal Trust Company
6b. Or designated a local landmark or in a local
landmark district?
X Yes No N/A Chemung Canal Trust
Company
7. Do hunting or fishing opportunities presently
exist in the project area? X Yes No N/A If yes, identify each species:
SITE DESCRIPTION (concluded)
8. Does project site contain any species of plant or
animal life that is identified as threatened or
endangered?
Yes X 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 X No N/A
Describe:
10. Is the project site presently used by the
community or neighborhood as an open space or
recreation area?
X Yes No N/A
If yes, explain: Farmer’s Market
11. Does the present site offer or include scenic views
known to be important to the community? X Yes No N/A
Describe: Views of the waterfront
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 X No N/A
Describe:
13. Streams within or contiguous to project area: a. Names of stream or name of river to which it is a
tributary: Cayuga inlet, Six Mile Creek,
Cascadilla Creek
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 X 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?
X Yes No N/A
Yes No X N/A
Yes No X 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: N/A
1b. Project acreage developed: ~167 acres initially ~167 acres. ultimately
1c. Project acreage to remain undeveloped: N/A
1d. Length of project in miles: (if appropriate) N/A or feet: N/A
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
1g.Maximum vehicular trips generated (upon completion of project) per day: N/A and per hour: N/A
1h. Height of tallest proposed structure: feet. N/A
1j. Linear feet of frontage along a public street or thoroughfare that the project will occupy? N/A
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/Amonths, (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 X N/A
8. Will blasting occur during construction? Yes No X 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 X No N/A; if yes, explain:
12a. Is surface or subsurface liquid waste disposal involved? Yes X No N/A; if yes, explain:
12b. If #12a is yes, indicate type of waste (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 X 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? X 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.)
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 X No N/A;
14d. If #14a, b or c is yes, explain: N/A
15a. Does project involve disposal or solid waste? Yes X No N/A
15b. If #15a is yes, will an existing solid waste disposal facility be used? Yes No X N/A
15c. If #15b is yes, give name of disposal facility: N/A and its location:
15d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill?
Yes No X N/A; if yes, explain:
15e. Will any solid waste be disposed of on site? Yes No X N/A; if yes, explain:
16. Will project use herbicides or pesticides? Yes No X N/A; if yes, specify:
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 X N/A; if yes, explain:
18. Will project produce odors? Yes No X N/A; if yes, explain:
19. Will project product operating noise exceed the local ambient noise level during construction?
Yes No X N/A; After construction? Yes No X N/A
20. Will project result in an increase of energy use? Yes No X 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 & PLANNING INFORMATION
1. Does the proposed action involve a planning or zoning decision? X Yes No N/A; if yes, indicate
the decision required:
Zoning Amendment Zoning Variance X New/Revision of Master Plan Subdivision
Site Plan Special Use Permit Resource Management Plan Other:
2. What is the current zoning classification of site? I-1, P-1, WF-1, WF-2, WEDZ-1a, SW-2
3. If the site is developed as permitted by the present zoning, what is the maximum potential development?
N/A
4. Is proposed use consistent with present zoning? Yes No X N/A
5. If #4 is no, indicate desired zoning: N/A
6. If the site is developed by the proposed zoning, what is the maximum potential development of the site?
N/A
7. Is the proposed action consistent with the recommended uses in adopted local land-use plans?
X 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?
N/A
9. Is the proposed action compatible with adjacent land uses? X 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? (recreation, education,
police, fire protection, etc.) ? Yes X No N/A Explain:
If yes, is existing capacity sufficient to handle projected demand? Yes No X N/A
Explain: N/A
12. Will the proposed action result in the generation of traffic significantly above present levels?
Yes X No N/A If yes, is the existing road network adequate to handle the additional traffic?
Yes X No N/A Explain:
D. APPROVALS
1. Approvals: Common Council Adoption
2a. Is any Federal permit required? Yes X No N/A; Specify:
2b. Does project involve State or Federal funding or financing? Yes X No N/A; If Yes, Specify:
2c. Local and Regional approvals:
Agency
Yes/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
Signature:
Title: Economic Development Planner
City of Ithaca Full Environmental Assessment Form (FEAF)
Part 2 Project Impacts
Proposal to Create a Temporary Mandatory Planned Unit Development (TMPUD) in the Waterfront
Study Area
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON LAND
1. Will there be an effect as a result of a physical change to project site? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on land. Any potential impacts on land will
have to be evaluated if and when a project is proposed.
Any construction on slopes of 15% or greater (15-foot rise per
100 feet of length) or where general slope in the project
exceeds 10%.
Yes No
Construction on land where depth to the water table is less
than 3 feet. Yes No
Construction of parking facility/area for 50 or more vehicles. Yes No
Construction on land where bedrock is exposed or generally
within 3 feet of existing ground surface. Yes No
Construction that will continue for more than 1 year or involve
more than one phase or stage. Yes No
Evacuation for mining purposes that would remove more than
1,000 tons of natural material (i.e., rock or soil) per year. Yes No
Construction of any new sanitary landfill. Yes No
Construction in designated floodway. Yes No
Other impacts (if any):
Yes No
2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges,
geological formations, etc.)? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on land forms. Any potential impacts on unique land forms will have to be
evaluated if and when a project is proposed.
Specific land forms (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER
3. Will project affect any water body designated as protected (under article 15 or 24 of
Environmental Conservation Law, E.C.L.)? Yes No The proposed action establishes
the legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on protected water bodies. Any potential impacts on protected water
bodies will have to be evaluated if and when a project is proposed.
Developable area of site contains protected water body. Yes No
Dredging more than 100 cubic yards of material from channel
of protected stream. Yes No
Extension of utility distribution facilities through protected
water body. Yes No
Construction in designated freshwater wetland. Yes No
Other impacts (if any):
Yes No
4. Will project affect any non-protected existing or new body of water? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on non-protected water bodies. Any
potential impacts will have to be evaluated if and when a project is proposed.
A 10% increase or decrease in surface area of any body of
water or more than 10,000 sq. ft. of surface area. Yes No
Construction, alteration, or conversion of body of water that
exceeds 10,000 sq. ft. of surface area. Yes No
Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek,
Cayuga Lake, or Cayuga Inlet? Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
5. Will project affect surface or groundwater quality? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts
and has no immediate impact on groundwater quality. Any potential impacts will have to be
evaluated if and when a project is proposed.
Project will require discharge permit. Yes No
Project requires use of source of water that does not have
approval to serve proposed project. Yes No
Construction or operation causing any contamination of a
public water supply system. Yes No
Project will adversely affect groundwater. Yes No
Liquid effluent will be conveyed off the site to facilities which
do not currently exist or that have inadequate capacity. Yes No
Project requiring a facility that would use water in excess of
20,000 gallons per day or 500 gallons per minute. Yes No
Project will likely cause siltation or other discharge into an
existing body of water to the extent that there will be an
obvious visual contrast to natural conditions.
Yes No
Proposed action will require storage of petroleum or chemical
products greater than 1,100 gallons. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON WATER (cont.)
6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on drainage quality. Any potential impacts
will have to be evaluated if and when a project is proposed.
Project would impede floodwater flows. Yes No
Project is likely to cause substantial erosion. Yes No
Project is incompatible with existing drainage patterns. Yes No
Other impacts (if any):
Yes No
IMPACT ON AIR
7. Will project affect air quality? Yes No The proposed action establishes the
legislation to allow for Council to create Planned Unit Development Districts and has no
immediate impact on air quality. Any potential impacts will have to be evaluated if and when a
project is proposed.
Project will induce 500 or more vehicle trips in any 8-hour
period per day. Yes No
Project will result in the incineration of more than 2.5 tons of
refuse per 24-hour day. Yes No
Project emission rate of all contaminants will exceed 5 lbs.
per hour or a heat source producing more than 10 million
BTUs per hour.
Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACTS ON PLANTS AND ANIMALS
8. Will project affect any threatened or endangered species? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on endangered species. Any potential impacts will have
to be evaluated if and when a project is proposed.
Reduction of any species, listed on New York or Federal list,
using the site, found over, on, or near site. Yes No
Removal of any portion of a critical or significant wildlife
habitat. Yes No
Application of pesticide or herbicide more than twice a year
other than for agricultural purposes. Yes No
Other impacts (if any):
Yes No
9. Will proposed action substantially affect non-threatened or non-endangered species?
Yes No The proposed action establishes the legislation to allow for Council to create
Planned Unit Development Districts and has no immediate impact on non-endangered species.
Any potential impacts will have to be evaluated if and when a project is proposed.
Proposed action would substantially interfere with any
resident or migratory fish, or wildlife species. Yes No
Proposed action requires removal or more than ½ acre of
mature woods or other locally important vegetation. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON AESTHETIC RESOURCES
10. Will proposed action affect views, vistas, or visual character of the neighborhood or
community? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
views or visual character of the neighborhood. Any potential impacts will have to be
evaluated if and when a project is proposed.
Proposed land uses or proposed action components
obviously different from, or in sharp contrast to, current
surrounding land use patterns, whether man-made or natural.
Yes No
Proposed land uses or proposed action components visible to
users of aesthetic resources which will eliminate or
significantly reduce their enjoyment of aesthetic qualities of
that resource.
Yes No
Proposed action will result in elimination or major screening
of scenic views known to be important to the area. Yes No
Other impacts (if any):
Yes No
IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES
11. Will proposed action impact any site or structure of historic, prehistoric, or paleontological
importance? Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any facility or site listed on or eligible for the
National or State Register of Historic Places.
Yes No
Any impact to an archaeological site or fossil bed located
within the project site. Yes No
Proposed action occurring wholly or partially within, or
contiguous to, any site designated as a local landmark or in a
landmark district.
Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON OPEN SPACE AND RECREATION
12. Will the proposed action affect the quantity or quality of existing or future open spaces, or
recreational opportunities? Yes No The proposed action establishes the legislation
to allow for Council to create Planned Unit Development Districts and has no immediate
impact on open space. Any potential impacts will have to be evaluated if and when a
project is proposed.
The permanent foreclosure of a future recreational
opportunity. Yes No
A major reduction of an open space important to the
community. Yes No
Other impacts (if any):
Yes No
IMPACT ON UNIQUE NATURAL AREAS OR CRITICAL ENVIRONMENTAL AREAS
13. Will proposed action impact the exceptional or unique characteristics of a site designated
as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state
agency? Yes No The proposed action establishes the legislation to allow for
Council to create Planned Unit Development Districts and has no immediate impact on
unique natural areas or critical environmental areas. Any potential impacts will have to be
evaluated if and when a project is proposed.
Proposed action to locate within a UNA or CEA? Yes No
Proposed action will result in reduction in the quality of the
resource. Yes No
Proposed action will impact use, function, or enjoyment of the
resource. Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON TRANSPORTATION
14. Will there be an effect to existing transportation systems? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on existing transportation systems. Any potential
impacts on transportation will have to be evaluated when a project is proposed.eated.
Alteration of present patterns of movement of people and/or
goods. Yes No
Proposed action will result in major traffic problems. Yes No
Other impacts:
Yes No
IMPACT ON ENERGY
15. Will proposed action affect community's sources of fuel or energy supply? Yes No
The proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on the community’s sources of fuel or
energy supply. Any potential impacts on the community’s sources of fuel or energy supply will
have to be evaluated if and when project is proposed.
Proposed action causing greater than 5% increase in any
form of energy used in municipality. Yes No
Proposed action requiring creation or extension of an energy
transmission or supply system to serve more than 50 single-
or two-family residences.
Yes No
Other impacts (if any):
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON NOISE AND ODORS
16. Will there be objectionable odors, noise, glare, vibration, or electrical disturbance during
construction of, or after completion of, this proposed action? Yes No The proposed
action establishes the legislation to allow for Council to create Planned Unit Development
Districts and has no immediate impact on noise or odors. Any potential impacts on noise or
odors will have to be evaluated if and when project is proposed.
Blasting within 1,500 feet of a hospital, school, or other sensitive
facility? Yes No
Odors will occur routinely (more than one hour per day). Yes No
Proposed action will produce operating noise exceeding local
ambient noise levels for noise outside of structure. Yes No
Proposed action will remove natural barriers that would act as
noise screen. Yes No
Other impacts (if any):
Yes No
IMPACT ON PUBLIC HEALTH
17. Will proposed action affect public health and safety? Yes No The proposed action
establishes the legislation to allow for Council to create Planned Unit Development Districts and has
no immediate impact on public health and safety. Any potential impacts on public health and safety
will have to be evaluated if and when project is proposed.
Proposed action will cause risk of explosion or release of
hazardous substances (i.e., oil, pesticides, chemicals, radiation,
etc.) in the event of accident or upset conditions, or there will be
chronic low-level discharge or emission.
Yes No
Proposed action may result in burial of “hazardous wastes” in any
form (i.e., toxic, poisonous, highly reactive, radioactive, irritating,
infectious, etc.)
Yes No
Proposed action may result in excavation or other disturbance
within 2,000 feet of a site used for the disposal of solid or
hazardous wastes.
Yes No
Proposed action will result in handling or disposal or hazardous
wastes (i.e., toxic, poisonous, highly reactive, radioactive,
irritating, infectious, etc., including wastes that are solid, semi-
solid, liquid, or contain gases).
Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON PUBLIC HEALTH (cont.)
Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No
Use of any chemical for de-icing, soil stabilization, or control
of vegetation, insects, or animal life on the premises of any
residential, commercial, or industrial property in excess of
30,000 square feet.
Yes No
Other impacts (if any):
Yes No
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD
18. Will proposed action affect the character of the existing community? Yes No The
proposed action establishes the legislation to allow for Council to create Planned Unit
Development Districts and has no immediate impact on growth and character of the
community. Any potential impacts on growth and character of the community will have to be
evaluated if and when a project is proposed.
The population of the city in which the proposed action is
located is likely to grow by more than 5% of resident human
population.
Yes No
The municipal budgets for capital expenditures or operating
services will increase by more than 5% per year as a result of
this proposed action.
Yes No
Proposed action will conflict with officially adopted plans or
goals. Yes No
Proposed action will cause a change in the density of land
use. Yes No
Proposed action will replace or eliminate existing facilities,
structures, or areas of historic importance to the community. Yes No
Development will create demand for additional community
services (e.g., schools, police, and fire, etc.) Yes No
Proposed action will set an important precedent for future
actions. Yes No
Proposed action will relocate 15 or more employees in one or
more businesses. Yes No
Small-to-
Moderate
Impact
Potential
Large
Impact
Can Impact Be
Reduced by
Project Change?
IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD (cont.)
If any action in Part 2 is identified as a potential large impact, or
If you cannot determine the magnitude of impact, proceed to Part 3
Other impacts (if any):
Yes No
19. Is there public controversy concerning the proposed action? Yes No Unknown
9.2 An Ordinance to Amend The City of Ithaca Municipal Code Chapter 325,
Entitled “Zoning,” to Add Section 325-8D(3) 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, Zoning, be amended as follows:
Section 1. Chapter 325 (“Zoning”), Section 325-8D.(“Zoning Regulations-Additional
Restriction in the CBD Districts”) of the Municipal Code of the City of Ithaca 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. Non-active uses are prohibited on the
storefronts that front on the primary Commons. Examples of
non-active uses include, but are not limited to, any residential
uses, or commercial activities that have blocked windows.
Active uses are defined as uses that encourage high levels of
pedestrian activity and enliven the streetscape, and create
well-lit spaces with ample visibility into the storefront area.
Active uses include, but are not limited to the following: [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 of 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. The Planning Board
may also grant a special approval of a non-active use if a
property owner is able to show that the physical structure
is not easily adaptable to be used as one of the above
listed active uses.
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.
Back-Up Item 9.2
To: Common Council
From: Jennifer Kusznir, Economic Development Planner
Date: February 17, 2016
Re: Proposal to Require Street-Level Active Uses on the Primary Commons
The purpose of this memo is to provide information regarding a proposal to create a
requirement for active street-level uses on the primary Commons.
This proposal was previously discussed at the January Common Council meeting.
At that meeting the Common Council adopted a resolution of lead agency and a
negative declaration of environmental significance. The Council then asked that
staff add additional language to clarify the definition and to remove some of the
listed uses and to take it back to the Planning and Economic Development
Committee for additional discussion. Enclosed for your consideration is the draft
ordinance with suggested changes tracked in red and underlined. In addition to the
language that was requested by the Common Council, the Committee also
requested that an example of non-active uses be added. This language is also
tracked in the enclosed ordinance.
If you have any concerns or questions regarding any of this information, feel free to
contact me at 274-6410.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Police Department - Request to Amend Personnel Roster
WHEREAS, the City of Ithaca Police Department is seeking to add a Professional
Standards Lieutenant to oversee the administrative functions of the department; and
WHEREAS, the Civil Service Commission classified an additional Police Lieutenant
Position at their February 24, 2016 meeting; now, therefore be it
RESOLVED, That the Personnel Roster of the City of Ithaca Police Department be
amended as follows:
Add: One (1) Police Lieutenant
and be it further
RESOLVED, That while this additional Police Lieutenant position is filled, the Deputy
Police Chief of Professional Standards position that is currently vacant shall remain
vacant; and, be it further
RESOLVED, That the funding for this new position will be derived from the existing
authorized City of Ithaca Police Department budget; and, be it further
RESOLVED, That effectiveness of this resolution shall be conditioned on the execution
by the Mayor and the Police Benevolent Association (“PBA”) of a Memorandum of
Agreement, in a form satisfactory to the City Attorney, preserving the City’s unqualified
ability and discretion to restore to the Police Chief’s Office any duties undertaken by or
assigned to the Lieutenant of Professional Standards.
2016
Ithaca Police Department
Chief John R. Barber
LIEUTENANT OF PROFESSIONAL
STANDARDS PROPOSAL
“An Equal Opportunity Employer with a Commitment to Workforce Diversification”
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851 -6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE PETER TYLER, DEPUTY CHIEF OF POLICE
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
Lieutenant of Professional Standards
Job Duties and Requirements
Job Duties :
Oversight & Supervision
The Lieutenant of Professional Standards will be responsible for the oversight of all Internal Affairs
investigations and will oversee the Records Division, administrative sergeants, and associated civilian
and administrative positions.
Investigations
The Lieutenant of Professional Standards will have the authority to utilize any member of the IPD,
and any outside agencies when appropriate, to assist him/her in completing any investigation.
Internal Investigations
o The Lieutenant of Professional Standards will have the authority to investigate any
and all complaints of illegal or improper conduct by a member of the IPD and will
ensure that all internal investigations are complete and are in compliance with any
contractual agreements and state laws that apply.
o Will be responsible for all internal investigations within the IPD and will conduct
these investigations as per all current policies governing such investigations.
External Investigations / Critical Incidents
o Will assist the Lieutenant of Investigations with the following:
Lead desk
Evidence review and lab submissions
Coordination of other agencies
Case preparation for meeting with prosecutor
Search Warrant applications
Witness management
Media relations
Information release for city officials
Personnel allocation and equipment requirements
“An Equal Opportunity Employer with a Commitment to Workforce Diversification”
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851 -6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE PETER TYLER, DEPUTY CHIEF OF POLICE
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
Professional Standards Compliance and Review
The Lieutenant of Professional Standards will be responsible for internal compliance with all rules
and regulations by members of the IPD, with fair and equal treatment of all employees across all
shifts.
The Lieutenant of Professional Standards will conduct periodic reviews of policy and procedures to
ensure that they meet all current standards and assist with the completion of the Accreditation
Process, and ensure that all staff officers receive updated policies/procedures and properly
communicate any changes to their platoons.
The Lieutenant of professional Standards will coordinate with the IPD training program to make sure
all officers are updated on any changes to the NYS Penal Law, NYS CPL, and any other laws that
apply. Also will ensure regular professional development for all supervisors as relates to conducting
internal affairs investigations.
Audits
Will conduct periodic audits of the department, including but not limited to:
The IPD evidence room will be audited at least once per year to ensure proper evidence
inventory and control.
Case files related to SIU investigations will be audited to ensure proper filing and long-term
storage in order to protect the integrity of the confidential informant program.
Evidence that is kept in the SIU evidence vault will be audited and purged as required by law.
Confidential funds will be audited at least two times per year to ensure all rules and
regulations are being followed, and to verify the accounting of the funds.
Asset seizure funds will be audited yearly as required by law, and to verify the funds are being
spent in compliance with the rules and regulations of the program. The DCPS will also be
responsible for ensuring the annual asset seizure report is completed in a timely fashion.
Other Duties
The Lieutenant of professional Standards will serve as IPD’s liaison to the Community Police Board,
and perform any other duties as assigned by the Chief of Police.
“An Equal Opportunity Employer with a Commitment to Workforce Diversification”
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851 -6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE PETER TYLER, DEPUTY CHIEF OF POLICE
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
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
Ithaca Police Department Admi nistrative/Professional Standards 120 East Clinton Street
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: Lieutenant of Professional Standards
Percent of
Work
Time
Job Duty
Lieutenant of Professional Standards
Job Duties and Requirements
Job Duties :
Oversight & Supervision
The Lieutenant of Professional Standards will be responsible for the oversight of all Internal Affairs investigations
and will oversee the Records Division, administrative sergeants, and associated civilian and administrative
positions.
Investigations
The Lieutenant of Professional Standards will have the authority to utilize any member of the IPD, and any outside
agencies when appropriate, to assist him/her in completing any investigation.
Internal Investigations
o The Lieutenant of Professional Standards will have the authority to investigate any and all
complaints of illegal or improper conduct by a member of the IPD and will ensure that all
internal investigations are complete and are in compliance with any contractual agreements and
state laws that apply.
o Will be responsible for all internal investigations within the IPD and will conduct these
investigations as per all current policies governing such investigations.
External Investigations / Critical Incidents
o Will assist the Lieutenant of Investigations with the following:
Lead desk
Evidence review and lab submissions
Coordination of other agencies
Case preparation for meeting with prosecutor
Search Warrant applications
Witness management
Media relations
Information release for city officials
Personnel allocation and equipment requirements
Professional Standards Compliance and Review
The Lieutenant of Professional Standards will be responsible for internal compliance with all rules an d regulations
by members of the IPD, with fair and equal treatment of all employees across all shifts.
The Lieutenant of Professional Standards will conduct periodic reviews of policy and procedures to ensure that
they meet all current standards and assist with the completion of the Accreditation Process, and ensure that all
staff officers receive updated policies/procedures and properly communicate any changes to their platoons.
The Lieutenant of professional Standards will coordinate with the IPD traini ng program to make sure all officers
are updated on any changes to the NYS Penal Law, NYS CPL, and any other laws that apply. Also will ensure
regular professional development for all supervisors as relates to conducting internal affairs investigations.
Audits
Will conduct periodic audits of the department, including but not limited to:
The IPD evidence room will be audited at least once per year to ensure proper evidence inventory and
control.
Case files related to SIU investigations will be audited to ensure proper filing and long-term storage in
order to protect the integrity of the confidential informant program.
Evidence that is kept in the SIU evidence vault will be audited and purged as required by law.
Confidential funds will be audited at least two times per year to ensure all rules and regulations are being
followed, and to verify the accounting of the funds.
Asset seizure funds will be audited yearly as required by law, and to verify the funds are being spent in
compliance with the rules and regulations of the program. The DCPS will also be responsible for ensuring
the annual asset seizure report is completed in a timely fashion.
Other Duties
The Lieutenant of professional Standards will serve as IPD’s liaison to the Community Police Board, and perform
any other duties as assigned by the Chief of Police.
(Attach additional sheets if more space is needed)
3. Names and Titles of Persons Supervising this position (General, Direct, Administrative, etc.)
Name Title Type of Supervision
John Barber Police Chief General
4. Names and Titles of Persons Supervised by Employee in this position
Name Title Type of Supervision
Various Police Sergeants General
Various Police Officers General and/or indirect
Various Data Entry Specialists Indirect
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
Various Police Lieutenant IPD
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)
See job description; prior experience as Police Officer and Police Sergeant
Essential knowledges, skills and abilities:
See job description
Type of license or certificate required: NYS driver license, Class D
7. The above statements are accurate and complete.
Date: 02/04/16 Title: Police Chief Signature: John Barber
Certificate of Civil Service Commission
8. In accordance with the provisions of Civil Service Law Section 22, the City of Ithaca Civil Service Commission certifie s that the
appropriate civil service title for the position described is:
Title: Police Lieutenant
Jurisdictional Classification: Competitive
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 City Attorney - Authorization to Use City Parkland for Non-motorized
Watercraft Concessions and Boat Storage Racks – Resolution
WHEREAS, in Spring 2015, the Mayor requested that the Superintendent of Public
Works convene a working group to explore opportunities to improve public access to
water-based activities within the City; and
WHEREAS, the Water Recreation Committee identified the need for boat storage racks
for privately-owned canoes, kayaks, and standup paddleboards and locations for
vendors to operate boat rental concessions; and
WHEREAS, the Water Recreation Committee evaluated several locations on City-
owned property near existing or proposed boat launch sites, most of which are located
within City parks, and which are depicted and described on the document entitled
“Proposed Paddle Craft Storage/Concession Locations”, which is referenced and
incorporated into this resolution as Exhibit A; and
WHEREAS, the Parks Commission reviewed the proposed locations for concessions
and boat storage facilities within City parks, and supports the Water Recreation
Committee recommendations for locations labeled 1-4 on Exhibit A within the parks;
and
WHEREAS, the Board of Public Works also reviewed the proposed locations for
concessions and boat storage facilities, and supports all proposed locations
recommended by the Water Recreation Committee; and
WHEREAS, the Water Recreation Committee proposes the issuance and advertisement
of a Request for Proposals to identify potential vendors interested in operating non-
motorized watercraft rental concessions from all potential concession locations
identified in Cass and/or Stewart Parks, namely the following:
#1 Fall Creek near Cascadilla Boat House – Stewart Park
#2 Cass Park near Treman Boat Ramp
#7 Northeast Stewart Park
#8 Stewart Park by Large Pavilion
; and
WHEREAS, the Water Recreation Committee identified a final subset of locations
suitable for boat storage rack installation within the 2016 season, which is comprised of
the following:
#1 Fall Creek near Cascadilla Boat House – Stewart Park (with two racks to be
installed at this location)
#2 Cass Park near Treman Boat Ramp
#3 Parking Area across from Fire Training Center (golf course)
#4 Cass Park City Docks
; and
WHEREAS, pursuant to City of Ithaca Municipal Code Chapter 170 entitled “Use of City
Real Property”, any concessionary or other non-transitory use of City parkland requires
a license; and
WHEREAS, Section 170-5(G) vests in the Common Council sole authority to grant
approval of any license to make non-transitory use of City parkland; and
WHEREAS, the City of Ithaca Municipal Code Chapter 336 entitled “Parks and
Recreation” authorizes the Superintendent of Public Works to execute concession
agreements within City parks; now, therefore be it
RESOLVED, That Common Council finds that the proposed non-motorized watercraft
concessions and boat storage facilities constitute a public recreation-related use of
Stewart and Cass Parks, are not expected to significantly compromise the public’s
ability to enjoy the parks as intended, and in fact are expected to enhance the overall
quality of the parks’ appeal and benefit to the public by providing greater opportunity to
experience water recreational activities within the city and its waterways; and be it
further
RESOLVED, That Common Council hereby authorizes the use of the following locations
(which are more fully described in Exhibit A) for non-motorized watercraft rental
concessions:
#1 Fall Creek near Cascadilla Boat House – Stewart Park
#2 Cass Park near Treman Boat Ramp
#7 Northeast Stewart Park
#8 Stewart Park by Large Pavilion
; and be it further
RESOLVED, That Common Council hereby authorizes the Superintendent of Public
Works to advertise, now and in the future, a Request for Proposals for non-motorized
watercraft rental concessions and to select and license eligible vendors for such
concessions at the locations authorized by this resolution; and, be it further
RESOLVED, That as the City has not established a regular, fair-market fee for such
seasonal use of its parkland, Common Council hereby authorizes the fee for watercraft
rental concessionary use of parkland to be set with a base fee of $1,210.00 plus a
percent of the gross revenue receipts of no less than 8% for the 2016 season
anticipated to run from May 1 through October 31, 2016, and which base fee shall be
paid to the City concurrently with execution of the license and gross revenue at the
conclusion of the season; and, be it further
RESOLVED, That base fee, gross revenue percentage, and seasonal dates for
subsequent years shall be established by the Board of Public Works prior to January
31st of each year; and, be it further
RESOLVED, That the Superintendent of Public Works, upon the advice of the City
Attorney, is authorized to issue a revocable license to each eligible vendor selected for
watercraft rental concessions containing the standard terms and conditions with regard
to liability insurance coverage, indemnification of the City, safety precautions, and other
pertinent matters; and, be it further
RESOLVED, That Common Council hereby authorizes the use of the following locations
(which are more fully described in Exhibit A) for installation and licensing of watercraft
storage racks:
#1 Fall Creek near Cascadilla Boat House – Stewart Park (with two racks to be
installed at this location)
#2 Cass Park near Treman Boat Ramp
#3 Parking Area across from Fire Training Center (golf course)
#4 Cass Park City Docks
; and be it further
RESOLVED, That the Superintendent of Public Works, upon the advice of the City
Attorney, is authorized to issue a revocable license for use by each eligible individual
licensing space within the City boat storage racks containing standard terms and
conditions with regard to waiver of liability, indemnification of the City, abandonment
and assignment of property, and other pertinent matters; and, be it further
RESOLVED, That the Superintendent of Public Works may designate authority to issue
and administer individual licenses on a first come, first served basis for use of City
owned boat storage racks to the Ithaca Youth Bureau; and, be it further
RESOLVED, That as the City has not previously established a regular, fair-market fee
for use of its property for boat storage racks, Council hereby sets the following fees per
boat slot on each rack (and which shall include and constitute the usual license
application fee) of $100 per season for City residents and $130 for non-City residents
per season for the 2016 season running from the date the storage racks are installed
and ready to be used, but not later than June 1, and anticipated to run through not later
than November 30, 2016, which fee shall be paid to the City concurrently with execution
of the license; and, be it further
RESOLVED, That the license fee per boat slot on boat racks and seasonal dates for
subsequent years shall be established by the Board of Public Works prior to January
31st of each year.
"An Equal Opportunity Employer with a commitment to workforce diversification."
M E M O R A N D U M
To: City Administration Committee
From: Office of the City Attorney
Date: February 5, 2016
Subject: Resolution to authorize use of City parkland for non-motorized watercraft
concessions and boat storage racks
________________________________________________________________________
Last spring, the Mayor tasked the Superintendent of Public Works to convene a working group to
explore opportunities to increase public access to water-based activities within the City. The
Water Recreation Committee identified an interest in and need for boat storage racks to be
licensed by individual members of the public for privately-owned canoes, kayaks, and other non-
motorized watercraft; as well as an interest in partnering with vendors to operate non-motorized
boat rental concessions in the parks.
Due to the waterfront locations of Cass and Stewart Parks, the sites identified by the Water
Recreation Committee are located within City parks. Any licensed use of City parkland requires
Common Council approval pursuant to City Code section 170-5(G). The locations and
corresponding uses proposed in the accompanying resolution are supported by unanimous
resolutions of the Parks Commission (as to locations 1 – 4) and Board of Public Works (as to all
proposed locations).
With this memorandum, please find a proposed resolution authorizing these uses of City
parkland. Also included are the following backup materials:
- Document entitled “Proposed Paddle Craft Storage/Concession Locations” and referred
to in the resolution as Exhibit A
- November 10, 2015 Parks Commission minutes including endorsing resolution
- December 14, 2015 Board of Public Works resolution
- Sample Request for Proposals for boat rental concessions, which includes a sample
license agreement, insurance requirements, and waiver
- Sample license agreement for storage racks.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jody Andrew, Executive Assistant
PROPOSED PADDLE CRAFT STORAGE/CONCESSION LOCATIONS
Canoe/Kayak/Paddleboard Storage Rack
Canoe/Kayak/Paddleboard Storage Rack & Concession Location
Concession Location
Storage Shed Location
TYPES OF STORAGE/CONCESSION
NYS Parks Standard Storage Rack
(12 boat capacity)
Ownership: City of Ithaca
Approximate Cost: $1250
Rental Rate: $100 per slot per
season.
Other: ?
Locking Storage Shed
Ownership: City of Ithaca
Approximate Cost: $4000
Rental Rate: TBD
Other: ?
Portable Concession
Ownership: City of Ithaca Licenses
Land to Vendor on monthly or
seasonal basis
Approximate Cost: $0
License Fees: TBD
Other: ?
Permanent Concession
Ownership: City of Ithaca Licenses
Building to Vendor on seasonal or
multi-year basis
Approximate Cost: $7,500
License Fees: TBD
Other: ?
STORAGE LOCATIONS
1. Fall Creek near Cascadilla Boat House – 2016
Summary: Location is next to existing
Cascadilla Boat Club floating docks, and will
be adjacent to future Cayuga Lake Blueway
Trail launch location. Also adjacent to
Waterfront Trail.
Timeframe: Two storage racks could be
installed on a semi-permanent basis (trial
run) by May 2016. There are existing docks
that are immediately available for use by
the public.
Installation and Operation: Installation of
storage racks by DPW. Reservation and
payment through IYB.
Considerations: Longer rowing shells could
be stored if 2 racks were placed end to end
(shell would occupy two storage spaces at
double rent). There is interest in a portable
rental concession at this location.
Good location for bike racks.
2. Cass Park near Treman Boat Ramp – 2016
Summary: Location is within Cass Park,
adjacent to existing NYS Parks storage racks
near the Treman boat launch.
Timeframe: Storage rack could be installed
on a semi-permanent basis (trial run) by
May 2016.
Installation and Operation: Installation of
storage rack by DPW. Reservation and
payment through IYB.
Considerations: Location has proven to be
popular for canoe/kayak storage.
Possible location for portable concession.
3. Parking Area across from Fire Training Center – 2016
Summary: Location is across from Fire
Training Center along the Waterfront Trail.
Parking is available and installation of bike
racks has been suggested. Shoreline is a
little bit rough, but shouldn’t be too
challenging for boaters to launch. Some
shoreline improvement may be required.
Timeframe: Storage rack could be installed
on a semi-permanent basis (trial run) by
May 2016.
Installation and Operation: Installation of
storage rack by DPW. Reservation and
payment through IYB.
Considerations: Somewhat remote
location may invite vandalism or theft.
Should be installed on a trial basis for 2016
and relocated if there are problems with
the location.
4. Cass Park City Docks – 2016
Summary: Existing boat launch area along
Waterfront Trail at Cass Park.
Timeframe: Storage racks could be
installed on a semi-permanent basis (trial
run) by May 2016. There are existing docks
that are immediately available for use by
the public.
Installation and Operation: Installation of
storage rack by DPW. Reservation and
payment through IYB.
Considerations: Location is frequently
used, but parking is limited.
Possible concession location?
5. Ithaca Youth Bureau Storage Shed – 2016
Summary: City of Ithaca property (IYB)
near future Cayuga Lake Blueway Trail
launch location. Also near preferred entry
point for wind-based water sports
(windsurfing and kiteboarding).
Timeframe: Storage sheds could be
installed by May 2016.
Installation and Operation: Installation of
storage shed by DPW. Reservation and
payment through IYB, or by license
agreement through BPW.
Considerations: Cornell Windsurfing/
Kiteboarding club has expressed an
interest in renting a storage shed near this
location. Storage sheds could be placed
next to existing sheds at IYB.
6. Ithaca Farmers Market Boat Launch – 2016?
Summary: Existing boat launch area along
Waterfront Trail at Ithaca Farmers Market.
Timeframe: Storage racks could be
installed on a semi-permanent basis (trial
run) by May 2016 if permitted by Ithaca
Farmers Market.
Installation and Operation: Installation of
storage rack by DPW. Unsure about
operations because location is on land
licensed to IFM.
Considerations: Location is frequently
used. There is only limited area for
installation of storage rack, due to conflicts
with limited parking and picnic tables.
There may also be some conflicts with
existing IFM license agreement.
7. Northeast Stewart Park – 2017
Summary: Large parking area near future
Cayuga Lake Blueway Trail launch location.
Also near preferred entry point for wind-
based water sports (windsurfing and
kiteboarding).
Timeframe: Storage rack could be
installed on a semi-permanent basis (trial
run) by May 2016. Recommend that
installation of storage rack is concurrent
with installation of Blueway Trail launch
location in 2017.
Installation and Operation: Installation of
storage rack by DPW. Reservation and
payment through IYB.
Considerations: Could be a good location
for rental concession when Blueway Trail
launch location is installed.
8. Stewart Park by Large Pavilion – 2017
Summary: Locations are in parking areas
for the Large Pavilion, adjacent to existing
dock.
Timeframe: Rental concession could start
by May 2016, but may be more attractive if
dock were modified (in 2017?).
Cost and Revenue: Dock modification
allowance of $2000. Revenue from a rental
concession TBD.
Considerations: Existing dock works well
for canoes, but not too well for kayaks.
Dock could be modified (lowered) to better
accommodate kayaks.
9. Former Johnson’s Boat Yard/Golf Course – 2018
Summary: Golf course land currently
licensed to Johnson’s Boatyard. Possible
use or modification of dock(s) for small
boat launch.
Timeframe: Probably 2 - 3 years due to
unknowns associated with closure of
Johnsons.
Installation and Operation: Installation of
storage rack by DPW. Reservation and
payment through IYB.
Considerations: Don’t know what will be
replacing Johnson’s Boatyard. New boat
launch may not be compatible.
CREEKS, BRIDGES, AND PARKS:
Resolution in Support of Boat Storage and Rental Concession Recommendations
By Commissioner Darling: Seconded by Commissioner Greene
WHEREAS, the Water Recreation Committee was formed to improve public access to water-
based activities within the City, and has identified the need for:
boat storage facilities for privately-owned canoes, kayaks, and standup paddleboards;
locking, weatherproof storage for water recreation organizations wishing to store
equipment near the waterfront, and
locations for vendors to operate paddle-powered boat rental concessions, and
WHEREAS, the Water Recreation Committee has evaluated several locations on City-owned
property near existing or proposed boat launch sites, most of which are located within City
parks, and
WHEREAS, the Parks Commission has reviewed the proposed locations for the listed facilities
within City parks, and supports the Water Recreation Committee recommendations, now
therefore be it
RESOLVED, that the Board of Public Works supports the recommendations of the Water
Recreation Committee for Boat Storage and Rental Concession locations (map attached), and
be it further
RESOLVED, that the Board of Public Works directs the Superintendent of Public Works to
work with the City Attorney’s office to develop license agreements related to boat storage and
rental concessions to present to Common Council for approval.
Carried Unanimously
1
CITY OF ITHACA PARKS COMMISSION
Tuesday, November 10, 2015, Noon to 1:30 p.m.
Cornell Cooperative Extension, 615 Willow Avenue, City of Ithaca
MINUTES
…
NEW BUSINESS
…
WATERFRONT BOAT STORAGE RECOMMENDATION
Michael Thorne, Superintendent of Public Works, presented a recommendation
from the Waterfront Recreation Committee. The key map created by Waterfront
Recreation Committee shows nine possible sites for boat storage racks, concessions,
and a storage shed. The racks would be similar to those used in State parks. Portable
and permanent concessions would be provided by a vendor. Storage locations are
listed. He would like to get the Parks Commission support before consideration by
BPW. Common Council would also have to approve these sites. The Waterfront
Recreation Committee would like to line up several for next season.
Cornell Windsurfing Club would like to have a shed useable by license. A proposed
solution would be to add sheds to the existing area by Ithaca Youth Bureau.
Dan is not comfortable with site #8, by the large pavilion in Stewart Park.
He asks about using more than one rack by the State park racks in the marina abutting
Cass Park.
Cynthia noted that there are different conditions necessary for different water uses.
Ellen asks what is needed from the Parks Commission, and Mike responded that
support for all locations would be ideal. However, only #1-4 are on parkland; sites 5
and 6 are not. Sites 7 and 8 are preliminary and are proposals for some time in the
future.
Dan is concerned about ensuring good publicity to let people know about rental slips.
Jim says there is a process in place that would simply be applied to the storage rack
spaces. Mike noted that there is a company interested in a concession in the park.
On a motion by Dan, seconded by Roberta, the Parks Commission voted unanimously
to support locations 1-4 of the Waterfront Recreation Committee’s recommendation.
CITY OF ITHACA
BOAT RACK STORAGE LICENSE AGREEMENT
APPLICANT’S NAME (“LICENSEE”):
STREET ADDRESS:
CITY/TOWN: STATE: ZIP:
HOME PHONE #: CELL PHONE #:
EMAIL:
BOAT TYPE: (Circle one) BOAT MODEL: (Circle one)
Metal Wood Plastic Fiberglass Canoe Dinghy Kayak Sunfish
BOAT COLOR: BOAT MANUFACTURER:
Rack License is available from May 1st through October 31st for 2016.
License rates are: $100 per season for City residents, and or $130 per season for non-City residents. Proof of residency
required through verified resident account with the Ithaca Youth Bureau. Set up account today at
https://register.communitypass.net/IthacaYouthBureau.
Payment may be made by check (made payable to the City of Ithaca), credit card, or cash. Returned checks will result in
cancellation of permit and any boats not immediately removed by the owner shall be deemed abandoned and delivered to
the Police Department for disposition as abandoned property.
Form must be completed and returned with payment to the IYB by mail, fax (607-273-2817) or in person. The IYB is
located at 1 James L Gibbs Drive, Ithaca NY, 14850. You may call the IYB with questions at 607-273-8364.
Terms and Conditions
1. The City of Ithaca reserves the right to assign or re-assign slips in order to efficiently utilize all available slips.
2. In the event you transfer ownership of your boat during your license term, you must notify the City. Any other
assignment, subletting or transferring of the slip license by the licensee is prohibited.
3. All boats must be removed from the rack by October 31st. In the event Licensee fails to remove the boat by this
date, the boat shall be deemed abandoned and delivered to the Police Department for disposition as abandoned
property.
4. All applicable rules and regulations will be observed. When rules and regulations relating to public safety have
been violated, the City reserves the right to reject any application for a slip, and to terminate any license without
prior notice or refund.
5. The Licensee assumes all risks related to this license and shall be solely responsible and answerable for any
damages related to any accident or injuries to person or property, and hereby covenants and agrees to indemnify
and keep harmless the City of Ithaca, its officers and employees from any and all claims, suits, losses, damage or
injury to person or property of whatsoever kind or nature, whether direct or indirect, arising out of the operation
of this License, or the carelessness, negligence or improper conduct of the Licensee or any servant, agent, or
employee thereof.
6. The City shall not be responsible for property damage or personal injury to the Licensee.
7. No refunds shall be issued for any reason.
8. Licensee is responsible for providing lock and cable to fasten to rack-mounted eyehook.
_________________________________________ _____________
Signature of Licensee Date
VISA/ MC/ Discover/ Amer Exp (circle) Account #:_____-_____-_____-_____ Security Code:_____ Exp.Date___ /___
Carholders Name as appears on card (Print):___________________ Authorized Signature:__________________
OFFICE USE ONLY
RACK LOCATION ASSIGNED:
#1 Stewart Park near Boathouse #2 Cass Park next to Treman Ramp
#3 Golf Course near fire training center #4 Cass Park next to docks
RACK NUMBER ASSIGNED: RACK LICENSE NUMBER:
RACK LICENSE SEASON FEE: $100/$130
DATE: CITY RESIDENT: YES/NO CASH/CREDIT/CHECK#: AMOUNT:
10.3 City-County Law Enforcement Consolidation - Resolution
WHEREAS, the City of Ithaca and Tompkins County have long worked together as part
of an ongoing effort to reduce redundancies, increase efficiency, and alleviate the tax
burden on their residents; and
WHEREAS, the protection of life and property is one of the most vital, and most costly,
functions of government at all levels; and
WHEREAS, that public function is fulfilled in Tompkins County through a number of
police agencies, the largest of which are the City of Ithaca Police Department and the
Tompkins County Sheriff’s Office; and
WHEREAS, the City of Ithaca and Tompkins County have allocated $16,780,212 in their
respective 2015 budgets, representing 25% of the combined property tax levies of the
City and County, to support their respective police agencies; and
WHEREAS, since the 1950’s, cities and counties across the country have successfully
consolidated municipal and county police services as a way to decrease costs and
improve the quality of the services offered to residents; and
WHEREAS, the implementation of police services on a county-wide level allows for a
more seamless distribution of police services unrestricted by municipal boundaries and
that more accurately reflect the needs of city and county residents alike; and
WHEREAS, cities and counties throughout New York State have recognized the
opportunity for improved quality and efficiency that may be afforded by consolidating
police services and have, as a result, begun the process by investing in a
comprehensive analysis of the feasibility of consolidating or sharing police services; and
WHEREAS, in 2004, the City of Ithaca and Tompkins County achieved efficiency and
cost savings through the consolidation of emergency dispatch services; and
WHEREAS, the City of Ithaca and Tompkins County currently operate under a Mutual
Aid Agreement with respect to the City of Ithaca’s Special Weapons and Tactical unit;
and
WHEREAS, as a result of years of cooperation and previous successful consolidation
efforts, the City of Ithaca and Tompkins County are especially well positioned to achieve
efficiencies through the consolidation of further shared services between the City of
Ithaca Police Department and the Tompkins County Sheriff’s Office; and
WHEREAS, New York State has encouraged communities to identify and implement
consolidation and shared service opportunities and has established various grant funds,
including a $150 million onetime allocation for the Governor’s Municipal Restructuring
Fund, to support such efforts; and
WHEREAS, by resolution of November 4, 2015, the Common Council unanimously
endorsed a joint effort to secure State grant funding and/or other aid that will, in turn,
fund a detailed analysis of the feasibility and opportunities for consolidation via a
countywide police agency, or further sharing of police services between the City of
Ithaca and Tompkins County; and
WHEREAS, by that same resolution the Common Council instructed the Mayor to jointly
propose for approval by both legislative bodies an application (the first stage of which is
termed a “Project Charter” by the Department of State) for grant funding in support of
such a study and associated eligible costs; now, therefore be it
RESOLVED, That the Common Council hereby approves for submission to the
Department of State a Project Charter substantially similar to that included herewith,
including with such amendments as may hereafter be agreed upon by the Mayor and
the City Attorney in discussions with County and State officials and personnel, together
with necessary and appropriate supporting documentation.
10.4 Finance – Transfer Unused Trust Funds - Resolution
WHEREAS, over time the City of Ithaca has accumulated various funds from donations
to the City or transfer from other City accounts that have been placed in the City’s Trust
Fund; and
WHEREAS, in most cases, the funds have been used for the original intent, but now
surplus funds exist and have been dormant for several years; and
WHEREAS, transferring these funds to the City’s Operating account would facilitate the
use of the remaining funds in an appropriate manner; now, therefore be it
RESOLVED, That Common Council hereby authorizes the transfer of the following
funds plus any additional accrued interest to the City’s Operating Fund:
Sale of Unclaimed Property- $ 2,132.27
Commons Cultural Tourism- 11.37
FICA Overpayment- 22.18
Dewitt Park Improvement Fund 2,892.90
Conference on College and Community- 764.69
Ithaca Performing Arts Council Escrow- 1,576.82
Rick Gray Memorial- 585.00
Stewart Park Carousel Fund- 1,240.10
Rt. 13 Ithaca Plaza Light- 2,261.56
Northside Neighborhood Cleanup- 250.00
Stewart Park Landscaping and Maintenance- 17,809.52
Wood Street Benches- 2,290.00
Dog Park- 100.00
MLK Freedom Walk- 50.00
Circle Greenway- 32.56
Centennial Art Program- 3,858.41
TOTAL $10,650.01
and be it further
RESOLVED, That the City Chamberlain work with the City Controller to determine the
appropriate revenue accounts in the City Operating Fund.
Back-Up Item 10.4
To: Common Council
From: Debra Parsons, City Chamberlain
Re: Transfer of Trust Funds
Date: February 22, 2016
A list of Trust Funds was presented to the City Administration Committee with a recommendation to close each fund and
transfer the proceeds to the City Operating Fund.
For many of the funds in question, no formal arrangement was made for the ultimate use of the funds, only general direction
in the way the funds would be used. All of the funds have been held for a least ten years with no activity. The proposal is to
transfer the funds to the Operating Fund in the department that most closely corresponds to the general purpose of the Trust,
with the exception of those funds whose purpose in no longer relevant or where the source was the City. The exact accounts
will come back to Council as a budget amendment, once the final numbers with interest are available and the Controller has
had an opportunity to discuss their use with the departments in question. At this point, the various parks related accounts will
remain in the Trust accounts, so that the Department of Public Works can determine the appropriate use of the funds.
A table is included that details the believed source of the funds, and any indication available to current staff on the way the
funds were to be used.
Total Source Comments Destination Department
Centennial Art
Program $ 3,858.41 Centennial
Money from fundraising
from 1988 City Centennial,
to help maintain the
Centennial Fund purchased
public art
Planning
Northside
Neighborhood
Cleanup $ 250.00 Donations
Streets
Rt. 13 Ithaca
Plaza Light $ 2,261.56
Ordered
payment
from
developer
Developer deposit for work
being done at the Ithaca
Plaza/Staples and Route 13
intersection?? City concern
that work would require
light upgrade??
Traffic Controls
Sale of
Unclaimed
Property $ 2,132.27
Sale of
unclaimed
property
Proceeds from the IPD
Unclaimed property
auction.
Unclassified General Fund
Revenue
Commons
Cultural
Tourism $ 11.37
City‐
proceeds
from
functions
Unclassified General Fund
Revenue
City of Ithaca
Office of the Chamberlain
108 East Green Street, Ithaca, NY 14850
Ph: 607 274-6580 Fax: 607 272-7348
FICA
Overpayment $ 22.18 City
Believe this was ordered
restitution of FICA
payments to IPD officers in
the early/mid 80's. One
officer refused the
payment.
Unclassified General Fund
Revenue
Conference
on College
and
Community $ 537.40 City
Money requested by
Mayor Guttenburger for a
conference being held in
Ithaca.
Unclassified General Fund
Revenue
IPAC Escrow $ 1,576.82 City
Common Council
established when IPAC
owned/ran the State
Theater to help pay taxes
and water bills to avoid
foreclosure.
Unclassified General Fund
Revenue
Current Total $ 10,650.01
10.5 Police Department – Request to Amend Authorized Budget for a Security
and Emergency Services Grant – Resolution
WHEREAS, the City of Ithaca Police Department applied for and received a New York
State Division of Homeland Security and Emergency Services Grant in the amount of
$100,000; and
WHEREAS, the grant period will run until August 31, 2018, and provide the department
with the following equipment and resources:
Night vision helmets, spotting scopes, Self-Contained Breathing Apparatus,
portable mass notification system, personal protection equipment, throw phone
and training
now, therefore, be it
RESOLVED, That Common Council hereby amend the 2016 authorized City of Ithaca
Police Department budget to account for the $100,000 New York State Homeland
Security and Emergency Services Grant as follows:
Increase Revenue Account:
A3120-4320 Police Federal Aid $100,000
Increase Appropriations Accounts:
A3120-5125-5001 Police Overtime $ 16,000
A3120-5225-5022 Police Equipment 82,000
A3120-5440-5022 Police Staff Development 2,000
$100,000
1
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE
PETER TYLER, SR. DEPUTY CHIEF OF POLICE
ACTING DEPUTY CHIEF VINCENT MONTICELLO
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
Back-Up Item 10.5
Date: February 22, 2016
To: Common Council
From: Lt. Jacob A. Young
Subject: Breakdown of Homeland Security Grant Funding
Below is a write up on the Tactical Team Targeted Grant that was written by and then awarded
to the Ithaca Police Department. My hope is that after reading through this you will have an
understanding of what the grant will be used for, the great value it will bring to our First
Responders and to our ability to be better prepared and equipped for the various challenges we
face while serving the citizens of Ithaca.
The first thing to understand when looking at this grant is the purpose of the grant and why we
received it. Here is a general overview from New York State on what the grant is to be used for:
"The Tactical Team Grant Program enhances the ability of localities with tactical teams to
respond to active shooter events and other counter terrorism missions. To ensure consistency
statewide, strong emphasis is placed on the local teams' attainment and sustainment of the
New York State standards for Tactical/SWAT Teams. Eligible applicants could apply for up to
$100,000 per team to fund certain equipment, training, exercise, and planning costs that are
consistent with the attainment and/or sustainment of these New York State standards."
We were issued the 2015 Department Of Homeland Security Tactical Capabilities Grant, which
as noted above, allows for equipment & training to better prepare tactical teams across New
York State. The money from the grant came from Department of Homeland Security & Office Of
Bomb Prevention.
Some of the primary reasons that we received the grant were:
- Working towards NYS SWAT Standards & Certification (only 5 teams in NYS are currently
certified) - Our application is in the review process right now, we expect to have Certification by
May of 2016. Receiving certification is a very stringent certification process, which looks at:
Training Standards, Administrative Standards & Policy, Equipment Standards & Team
Capabilities & Operations.
- Shared services (We are a multi-jurisdictional team w/Tompkins County Sheriff Office)
- Showed a need or potential need for the equipment & training that we applied for
2
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE
PETER TYLER, SR. DEPUTY CHIEF OF POLICE
ACTING DEPUTY CHIEF VINCENT MONTICELLO
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
The $100,000 requires no additional spending for Ithaca Police Department. Many of you
remember that we were awarded the exact same grant in 2013. The only thing that has
changed is the breakdown of how the money will be spent.
Often times we are asked why we would not use this money for something else. The simple
answer is that we do not have the option to use this money for something else. The grants are
written and funded by homeland security and they layout the specifications for each grant
available. This grant is written based on the above goals and the funds need to be used for
items related to the above mission.
The focus of the Ithaca Police Department SWAT Unit for this year's grant was to sustain and
build upon programs and equipment we already use. This includes meeting the New York State
Standards for best practices for Tactical Teams. As noted above, we are fully in compliance with
NYS Best Practices for Tactical Teams and are awaiting review of our certification application.
Breakdown Of Grant Funding:
Training - Backfill of Overtime Costs - $16,000: This allotment of funds allows for the backfill
of staffing needed while officers complete their basic Tactical Training. This can also be used to
pay for the tuition cost (if any) to the training. This allows basic Tactical Training to occur at zero
cost to the department budget. This training is required to maintain NYS Tactical Team
Certification.
Training - Scenario Training Exercise - $2,000: This allotment of funds allows for backfill of
staffing and planning costs associated with running a Joint-Agency Scenario Exercise. This will
be used during our annual scenario that encompasses local agencies/units (SWAT,
Negotiations, Explosive K9 Teams, Investigations & Other applicable units) working together on
a large scale event such as an Active Shooter or other event that requires a multi-agency
response.
Spotting Scopes/Binoculars - $4,500 - This will allow for the purchase of new Spotting
Scopes & Binoculars, which are used for observation and intelligence gathering. These will
replace our current equipment, which is over 17 years old. These are used for a number of
police functions to include observing a location or a person from a distance. These add value to
everyday patrol use, such as an officer observing a known crime area (good example of this
would be watching parked cars in our natural areas during times they are frequently broken
into).
3
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE
PETER TYLER, SR. DEPUTY CHIEF OF POLICE
ACTING DEPUTY CHIEF VINCENT MONTICELLO
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
SCBA (Self-Contained Breathing Apparatus) $13,500 - This will allow for the purchase of 2
SCBA Kits. These will be added to our current inventory of SCBA's. These have a number of
uses and allow us to operate safely in environments where the air quality is not safe to breathe.
These are similar to what a fire department might use, but have modifications that allow us to
use police gear with them. Some examples where we may use these include: Chemical
Environment (Meth Lab, or Unknown Chemical Spill where Law Enforcement protection is
needed), Removal of a prisoner from a cell when they are throwing feces and urine at police
officers and there are particulates in the air that are not safe to breathe, Collect evidence/obtain
photos in a unsafe breathing environment (examples: Crash’s such as the truck crash at
Simeon’s where particles/dust/other unknowns are in the air or a decomposing corpse in an
enclosed space such as a house). Up until we received this grant in 2013, we did not have the
capability to work in an environment with bad air quality.
Portable Loud Hailing Device $14,000 - This will allow for the purchase of a Long Range
Acoustical Device that will have the ability to deliver clear messages over a distance, into
buildings or over loud noise such as in a crowd. The standard Public Announcement system in
a patrol car or handheld public address system are not made for long range communications or
communications in very loud environments. Some uses for this system are as follows:
communicating with someone who is far away due to the environment, such as a stranded
person out on the ledge of a gorge, running water, wind and other environmental factors where
it is nearly impossible to give the person clear directions. This would also work to communicate
with a suicidal individual in a similar situation on the ledge of a gorge or other outdoor location.
Other uses include communicating with someone inside of a building such as a “barricaded
person” or someone holding a hostage inside a building. This system allows a person inside to
not only hear that someone is speaking to them, but also understand what is being said to them.
Lastly, it can be used during a large scale event (such as a block party with 2,000 people or a
festival with 5,000 people) to clearly communicate a message (i.e. weather related problem or
dispersal instructions etc.).
Personal Protective Equipment - Body Armor Rifle Rated Plates - $8,400 - This will allow
for the purchase of Rifle Rated Ceramic Plate Body Armor which will be used by Tactical Team
Officers during high risk operations. These plates protect against rifle gun fire. Standard body
armor worn by police officers only stops small arms fire (Handgun Rounds) and will not stop the
round from a rifle. Each current Tactical Officer already has one Rifle Rated Ceramic Plate with
their equipment that is worn on the front other their body. Currently they have no rear protection
and this will allow for a second plate so each officer has front and rear body protection.
4
ITHACA POLICE DEPARTMENT
120 East Clinton Street, P.O. Box 6557 Ithaca, New York 14851-6557
______________________________________________________________________
JOHN R. BARBER, CHIEF OF POLICE
PETER TYLER, SR. DEPUTY CHIEF OF POLICE
ACTING DEPUTY CHIEF VINCENT MONTICELLO
Police Dispatcher: 607/272-3245 Police Administration/Records: 607/272-9973
Communications Device - Negotiations Throw Phone - $22,600 - This will allow for the
purchase of a Negotiations Throw Phone Device that will allow for Negotiators to speak with an
individual(s) from a safe location. This is a basic and important piece of gear used by
negotiators to start dialogue with individuals that are barricaded inside a location or with a
hostage taker in a Hostage Incident. This will serve as a needed replacement of our current
throw phone which is 17 years old. This new throw phone has a number of modern features we
do not currently have which include the ability to record negotiations, integration of cell phones,
the ability to allow multiple negotiators to listen to a call, wireless options (no cords), cameras
and many other things that will make the negotiations more effective.
Protective Equipment - Rifle Rated Handheld Ballistic Shield - $6,000 - This will allow for
the purchase of a hand-held shield that has the ability to stop small arms fire (handgun) and rifle
fire. Handheld shields can be used for a number of things, some of which include: rescuing
victims in a dangerous environment, moving Police Officers into a dangerous location (active
shooter or other potential for firearms), delivering of a Throw Phone up to a building or house
where subject is armed with a weapon.
Night Vision Devices - $13,000 - This will allow for the purchase of Night Vision Devices that
will allow police officers to see items during dark and low light environments. These have a
number of uses that include Search & Rescue (lost child/missing Alzheimer's Patient), Fugitive
Search in an open area, Evidence Recovery/Crime Scene Analysis is Dark Environments,
Crash Reconstruction.
Hopefully, this paints a picture of the grant and what it will be used for to better prepare first
responders and aid us in doing our job safely. I am certainly available to answer any other
questions or meet with any Common Council Member that has detailed questions they would
like to discuss. I am available by email or by phone, which are listed below. Thank you for your
support of this grant.
Sincerely,
Lt. Jacob A. Young
SWAT Commander
Ithaca Police Department
120 E. Clinton St.
Ithaca, NY 14850
Cell: 607-272-9973
Email: jyoung@cityofithaca.org
10.6 Mayor - Appointment of City Chamberlain – Resolution
RESOLVED, That the Fiscal Manager in the Chamberlain’s Office, Deborah Whitney,
be and hereby is appointed to the position of City Chamberlain effective March 28,
2016, at an annual salary of $75,112.
12. NEW BUSINESS:
12.1 Amendments to Fringe Benefits for Managerial Personnel - Resolution
WHEREAS, the Common Council has from time to time, on the advice of the Director of
Human Resources, updated the Fringe Benefits for Managerial Personnel; and
WHEREAS, the Director of Human Resources recommends the amendments included
herewith; and
WHEREAS, most of these amendments merely clarify current practice, and the most
substantive amendment included limits employee eligibility for cash-out of sick leave
upon retirement; now, therefore be it
RESOLVED, That the Common Council approves the amendments included herewith,
effective immediately.
BACK-UP ITEM 12.1
CITY OF ITHACA
FRINGE BENEFITS FOR MANAGERIAL PERSONNEL
1. Annual Leave:
Managerial employees shall earn annual leave on a monthly basis in accordance
with the following schedule:
Length of Service 40 hours/week 35 hours/week
fewer than 2 years 10 hrs/mo (3 wks) 9 hrs/mo (3 wks)
2-4 years 14 hrs/mo (4 wks) 12 hrs/mo (4 wks)
5-9 years 17 hrs/mo (5 wks) 15 hrs/mo (5 wks)
10 or more years 20 hrs/mo (6 wks) 18 hrs/mo (6 wks)
Annual leave shall be posted on the first day of each month, beginning with the
first day of the month following the month of hire.
Annual leave may be accumulated throughout the year without a limit, but
only up to a maximum of forty (40) days may be carried into the next calendar
year. Any days in excess of forty (40) will be forfeited on December 31st.
provided, however, that No more than thirty (30) days of accumulated annual
leave shall be paid on separation from service; upon retirement, unused annual
leave in excess of this amount may be applied toward the purchase of health and
dental insurance upon retirement.
An employee may elect to cash in up to ten (10) days of unused annual leave in
December of any calendar year. (Note: Pursuant to the Common Council
resolution passed on January 8, 2015, this annual leave cash-in was
suspended in 2015 and 2016 due to the implementation of a new
managerial compensation plan.)
2. Holidays:
Holiday leave shall be as follows:
January 1st Columbus Day
Martin Luther King Day Veteran’s Day
President’s Day Thanksgiving
Memorial Day Day after Thanksgiving
Independence Day Christmas
Labor Day One (1) annual leave day to be credited 2/1*
Whenever any of these holidays falls on a Saturday, the preceding Friday shall
be considered the holiday. If on Sunday, the following Monday shall be
considered the holiday.
*An annual leave day was added in lieu of Lincoln’s Birthday, pursuant to a
resolution adopted by Common Council on December 5, 2007. The annual leave
day is accrued on February 1st of each year.
Managerial employees who work shortened workweeks (i.e. fewer than five days
per week) that do not coincide with the established managerial holiday benefit
schedule shall receive annual leave accruals on the designated holidays rather
than observing the designated holidays as days off. Annual leave accruals shall
be prorated as appropriate, based on the employees standard workweek. (For
example, a 20 hr/wk employee shall accrue four (4) hours of annual leave on
each holiday; a 40 hr/wk employee shall accrue eight (8) hours of annual leave
on each holiday.) Such annual leave accrual shall be a replacement for paid
holidays off, not a supplement to them.
3. Sick Leave:
Sick leave shall accumulate at the rate of one (1) day per month. Sick leave
shall be posted on the first day of each month, beginning with the first day of the
month following the month of hire. There shall be unlimited accumulation of sick
leave. Sick leave may be used for personal medical reasons or for illness
in the employee’s immediate family (as defined in Section 6).
Any employee who is injured in the course of his/her employment and who is
entitled to benefits under the provisions of Workers’ Compensation Law may
elect to use his/her accumulated sick leave benefits to cover the workers
compensation absence. If an employee elects to do so, the amount of any award
made to the employee by the Workers’ Compensation Board for any period of
time during which the employee used sick leave benefits shall be paid to the City
of Ithaca, which in turn will reimburse the employee's sick leave account with the
amount of sick leave equivalent to the financial value of the award.
4. Sick Leave Bank:
Employees may voluntarily make or receive a donation of accumulated sick leave
or annual (vacation) leave to or from any City of Ithaca employee. The employee
receiving the donated time must have exhausted his/her leave time. The request
to transfer leave time must be submitted in writing to the Human Resources
Department.
5. Sick Leave Buyout:
Upon an employee’s retirement, the employee shall be compensated for unused
sick leave as follows:
a. The employee may elect to receive a cash settlement for unused sick
leave not to exceed $11,000.
The employee may elect to have the above cash settlement paid weekly
as regular salary during his/her last six (6) months of employment;
provided, however, that no such settlement shall be paid until after the
employee has submitted a letter of commitment which specifies the date
of retirement.
If the employee elects to receive the above cash settlement and has
accumulated sick leave credit in excess of the above amount, the
remaining sick leave, computed at the employee’s current rate of pay, may
be applied toward the payment of extended health and/or dental insurance
coverage until exhausted.
b. The employee may elect to waive the cash settlement described in (a)
above, and apply all of his/her accumulated sick leave toward extended
health and/or dental coverage.
Upon an employee’s retirement, unused sick leave shall be applied toward
the payment of extended health and dental insurance coverage. If the cash
settlement is waived, Extended health and dental insurance coverage shall be
provided at the rate of one (1) month of insurance for each twelve (12) hours of
accumulated sick leave, or at the established retiree premium, at the
discretion of the employee.
Employees who retire with sick leave balances in excess of two thousand
(2,000) hours may elect to receive a cash payment for the portion of their
accrued sick leave that exceeds two thousand (2,000) hours, up to a
maximum cash payment of $11,000. The employee’s remaining sick leave
shall be applied toward the payment of extended health and dental
insurance coverage at the rates specified in the preceding paragraph.
In the event of an employee’s death prior to his/her retirement, or if retired, prior
to the exhaustion of remaining accumulated funds, such monies due the
employee shall be applied toward the purchase of health insurance for his/her
surviving dependents, if any.
Upon the exhaustion of the employees sick leave balance, the City will no longer
extend health insurance coverage to retirees and dependents except by direct
full payment to the City by the retiree at the appropriate rate available as
determined by the City.
6. Bereavement Leave:
In the event of death in the immediate family of the employee or family of the
employee’s spouse or domestic partner, such employee shall be allowed a leave
of absence with pay to a maximum of three (3) days. The Mayor may grant
additional time as needed.
The immediate family is defined as: the spouse or domestic partner, parent,
grandparent, child, grandchild, brother or sister of the employee or the parent,
grandparent, child, grandchild, brother or sister of the spouse or domestic
partner. It shall apply also to any other relative living in the same household.
In the event of death of a friend, family member not in the immediate family or
associate of an employee, such employee may be allowed a leave of absence
with pay of one (1) day. The Department Head or Mayor, if the department head
makes the request, must approve this leave of absence.
7. Parenting Leave:
Any employee taking a parenting leave shall be entitled to use up to eight (8)
weeks of accumulated sick leave without providing a doctor’s certificate.
Parenting leaves shall be available to both male and female employees and shall
be available only in the case of childbirth or adoption. Employees may use
additional sick time at the end of the eight (8) week period for parenting leave
upon presentation of a doctor’s certificate attesting to the necessity of such
continued leave from employment.
8. Jury Duty:
An employee shall be granted a leave of absence, with pay, at no loss of accrued
leave, to serve jury duty or to appear as a witness pursuant to subpoena, or other
order of the court upon presentation to the City of proof thereof. Any
compensation received from the court except expense reimbursement, shall be
returned to the City.
9. Work Schedule:
The City recognizes the need to provide a certain degree of flexibility in the work
schedules of managerial employees to accommodate for work performed during
non-traditional work hours.
10. Health & Dental Insurance:
All employees shall contribute 20% of the health insurance premium equivalent
for the type of health insurance (individual or family coverage) that the employee
has elected.
Effective January 1, 2013, The employee prescription drug co-pay shall be $5 for
generic drugs, $15 for preferred brand-name drugs that do not have a generic
equivalent, and $30 for non-preferred brand-name drugs that have a generic
equivalent. The stated co-pays apply to each 30 day supply of the
prescription. Each prescription may be filled for up to a 90 30 day supply at a
time, subject to the appropriate co-pays.
In addition, employees have the option of choosing an alternative health
insurance plan offered through the Greater Tompkins County Municipal
Health Insurance Consortium. The prescription drug co-pays for
alternative health insurance plans may vary according to the plan chosen.
The City will provide the Excellus Blue Cross/Blue Shield Dental Blue Options
Incentive PPO (formerly known as Schedule A) Plan as individual and/or family
coverage, at no cost to the employee. Employees who elect to carry Prime Blue
Dental Insurance instead of theDental Blue Options Incentive PPO Plan shall be
responsible for payment of the difference between the two premiums.
Employees who elect to carry Vision Insurance shall be responsible for payment
of the full premium.
11. Retirement:
The City shall provide membership in the New York State Employees’ Retirement
System or, if applicable in the New York State Police and Fire Retirement
System with benefits in accordance with and subject to the provisions of the
statutes of the State of New York.
12. Day Care:
The City shall continue to provide the established Day Care Assistance Program
(Cash Subsidy Program, Flexible Spending Account and Flexible Work
Schedule) according to the program and procedures adopted by the Ithaca
Common Council.
13. Educational Assistance:
The City of Ithaca agrees to pay the tuition for education courses, including
technical and trade schools, to assist employees in furthering their education and
enhancing their ability and effectiveness on the job. Such assistance shall be
limited to courses which are related to an employee’s position and which will
further development in the performance of the employee’s duties. Additionally,
the employee must receive a passing grade in the course before reimbursement
will be issued.
Educational assistance shall be limited to two (2) courses per calendar year for
permanent or provisional employees. No employee shall receive assistance for
more than a career limit of twenty (20) courses. The City shall pay the actual per
hour tuition cost of any approved courses, provided that any employee who
receives educational assistance shall reimburse the City for the cost of any
course if the employee chooses to leave City employment within six (6) months
of the conclusion of that course.
14. Mileage Reimbursement:
Employees who are required to use their personal automotive vehicle in the
conduct of official business shall be reimbursed at the prevailing IRS rate.
Revised: February 2016
14. MAYOR’S APPOINTMENTS:
14.1 Personnel – Appointment of Greater Ithaca Activities Center Director -
Resolution
RESOLVED, That Leslyn McBean-Clairborne be and hereby is appointed to the position
of Greater Ithaca Activities Center Director, effective February 8, 2016, at an annual
salary of $81,872.