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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.