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05-04-16 Common Council Meeting Agenda
OFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, May 4, 2016, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 EastGreen Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 3.1 Presentation of"Giving is Gorges Day" Proclamation 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Conservation Advisory CouncilPresentation on Their Draft ReportRegarding Storm Water 6. PETITIONS AND HEARINGS OF PERSONSBEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR—COMMON COUNCILAND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 GIAC - Request to Amend 2016 Roster- Resolution 8.2 Youth Bureau — Request to Amend 2016 Budget— Resolution 8.3 Ithaca Fire Department - Purchase of Fire Police Vehicle - Resolution 8.4 DPW—Approval of Boat Storage Rack Construction Funding - Resolution 8.5 DPW-Agreement with Tompkins County Soil and Water Conservation DistrictforCoordination and Implementation of the Cayuga Lake Watershed Hydrilla Project in the Cayuga Inlet, Fall Creek and SouthernCayuga Lake for 2016 - Resolution 8.6 Ithaca Fire Department - Request to Establish Capital Project for Technical and Urban Search Rescue - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Working Group to Propose Restructuring of Boards and Committees - Resolution 9.2 DPW-Approvalof Assessments for SidewalkConstruction Costsfor Portions of Cornell Street and Hancock Street - Resolution 9.3 DPW- Establishment of a Capital Project and Funding to Replace a Portion of theSanitary Sewer Main Along the South Hill Trail above Renzetti Place - Resolution Common Council Agenda May 4, 2016 Page 2 9. CITY ADMINISTRATION COMMITTEE (Continued): 9.4 DPW - Establishment of a Capital Project to Replace Water and Sanitary Sewer Mains on the 200 Block of Dryden Road 9.5 DPW - Additional Budget Authorization for Water Treatment Plant Improvement Project - Resolution 9.6 DPW - Request for Funding for Engineering Services Agreement for Mechanical Thickening, Grit Removal and Administration Building Improvements Design Study - Resolution 9.7 IFD - Approval of Staffing for Adequate Fire and Emergency Response (SAFER) Grant – Resolution 9.8 City Controller’s Report NOTE:[Resolutions Pertaining to the 401 Lake Street Property have not been Included with this agenda, but will be included on the June agenda.] 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Water & Sewer Workshop 10.2 Resolution to New York State Concerning Property Taxes on Resale Restricted Homes 10.3 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” To Establish the Cherry Artspace Planned Unit Development Zone 10.4 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 entitled “Zoning”, Article VA entitled “Telecommunications Facilities and Services”, §325-29.9 related to the “Fall Zone and Setback Requirements for Tier Three Personal Wireless Service Facility's (PWSF), to Lower the Required Fall Zone to 120% of the Height of the Tower” A. Declaration of Lead Agency – Resolution B. Determination of Environmental Significance – Resolution C. Adoption of Ordinance 10.5 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 164, Entitled “Dogs and Other Animals” To Prohibit the Feeding of Waterfowl on City Property 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Public Art Commission - Resolution Common Council Agenda May 4, 2016 Page 3 15. REPORTS OF COMMON COUNCILLIAISONS: 16. REPORT OF CITY CLERK: 16.1 Announcement of the City of Ithaca UrbanRenewal Agency Continuation Of the Selection Process for Projectsthat will be Funded by the 2012 EntitlementGrant Round 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUSMEETINGS: 18.1 Approval of the April 6, 2016 CommonCouncil Meeting Minutes - Resolution 19. ADJOURNMENT: If youhave a disabilitythat will requirespecial arrangements to be made in order for you to fullyparticipate in themeeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. Julie Conley Holcomb, CIVIC City Clerk Date: April 28, 2016 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 GIAC - Request to Amend 2016 Roster - Resolution WHEREAS, the Greater Ithaca ActivitiesCenter (GIAC) has proposed to add two (2) full time (35-hours each) GIAC Program Leaders to the roster; and WHEREAS, thesepositions will provide opportunities for internal promotion for qualifying GIAC Program Assistants; and WHEREAS, the work performed by thesepositions will support GIAC programming effectively; and WHEREAS, GIAC's 2016 budget as approvedincludesfunding for these positions; and WHEREAS, no additionalfunds are being requested forthese positions; now, therefore be it RESOLVED, That the PersonnelRoster of GIAC shall be amended as follows: Add —Two (2) GIAC Program LeaderPositions (35-hourseach) And, be it further, RESOLVED, That while the additionalpositions are filled via promotion, the 2 GIAC Program Assistant positions shallremain vacant; and, be it further RESOLVED, That said roster amendment will be made within theexisting fundsof the 2016 authorized GIAC budget. BACK-UP ITEM 8.1 CITY OF ITHACA 301 W. Court Street Ithaca, New York 14850 faa t GRF:A'fER 1'1'}IAt'A ACTIVITIES UNTF.Rr ObAA'EEti Telephone: 60-2"2-3622 Fax 60-2-2-0250 To: City Administration Committee From: Leslyn McBean-Clairborne, GIAC Directo Re: 2016 Roster Amendment Date: March 9, 2016 GIAC is requesting permission to add two (2) full-time Program Leader positions at 35-hours each to its2016 roster. These positions will be promotional opportunities for current ProgramAssistants who have qualified on the Civil Service exams and who havebeen carrying out the duties of Program Leaders for years without the compensation associated with such positions. Funds are in the approved 2016 GIAC budget for these positions. S1n Equal t)pppz'tuniti Eanpfu}cr with a commitment to non-6hncc tlit•criticatiun" 8.2 Youth Bureau — Request to Amend 2016 Budget— Resolution WHEREAS, theIthacaYouth Bureau has requested to amend the 2016 budget due to the award of a Tompkins County Tourism grant; and WHEREAS, the moneyreceived fromthis grant will be used to purchase equipment for Ithaca Bike Rental as proposed in the grant; and WHEREAS, this amendment requires no additional funds from the City; now, therefore be it RESOLVED, That Common Councilhereby amends the 2016 Youth Bureau Budget as follows: Increase expenses: A7310-5460-1203 5,000 Increase revenues A7310-2070-1203 5,000 BACK-UP ITEM 8.2 ion{ h 60`! 00 Ithaca Youth Bureau SIT 17ames L. Gibbs Drive Ithaca, New York 14850 9 a' B Phone: (607) 273-8364 JFax: (607) 273-2817 Building a foundation for a lifetime." TO:City Administration Committee FROM: Liz Vance, Director RE:Amendment Youth Bureau 2016 Budget DATE: April 8, 2016 We are requesting permission to amend the 2016 Youth Bureau budget due to the award of a Tompkins CountyTourism Grant. The money will be used to purchase equipment for the Ithaca Bike Rental Program. Increase expenses: Account A 7310-5460-1203 5,000 Increaserevenues Account A7310-2070-1203 5,000 This request does not require any additional funds from the City. Thank you. An Equal Opportunity Employer with a commitment to workforce diversification." 8.3 Ithaca Fire Department - Purchase of Fire Police Vehicle - Resolution WHEREAS, the Ithaca Fire Police is a unit of theIthacaFire Department comprised of members of Neriton Fire Company No. 9; and WHEREAS, theIthaca Fire Police Unit responds to emergencies requiring traffic and crowd control; and WHEREAS, the work of the Fire Police involves the use ofbarricades, flares, portabletraffic controlsigns, scene lighting, and traffic cones; and WHEREAS, the Ithaca Fire Department does not have a vehicle to permanently store and make availablefor use for carrying traffic control equipment; and WHEREAS, the members of the Fire Police Unit currently use their personal vehicles to transport traffic control equipment to emergency incidents; and WHEREAS, Neriton Fire Company No. 9 has offered to fund the purchase of a vehicle, up to twenty thousand dollars ($20,000); and WHEREAS, NeritonFire Company No. 9 has offeredto provide fundingfor retrofitting, and major repairs of the Fire Police vehicle; and WHEREAS, the City Attorney has recommendedthat the Fire Police Vehicle be owned by the City of Ithaca for it tobe eligible for insurance and registrationunder the City of Ithaca; and WHEREAS, the Fire Police Vehicle, when not in use, will be parked or stored on City owned property; and WHEREAS, the Fire Chief supports the request of Neriton Fire Company No. 9 to purchase a vehiclefor the Fire Police Unit; now, therefore be it RESOLVED, The Common Council ofthe City of Ithaca approves the acceptance of funds from Neriton Fire Company No. 9 for the purchase of a vehicle for the Fire Police Unit; and, be it further RESOLVED, That the proceeds of the Fire Company No. 9 gift shall be placed in revenue Account A3410-2705-122050; and, be it further RESOLVED, The funds provided by Neriton Fire Company No. 9 for the purchase of a Fire Police Vehicle shall be transferred to appropriation Account A3410-5215- 12250; and, be it further RESOLVED, The fundsprovided by Neriton Fire Company No. 9 for retrofitting, and major repairs to theFire Police Vehicle shall be transferred to appropriation Account A3410-5476-12250; and, be it further RESOLVED, The cost of registration, insurance, fuel and routine maintenance will be paid forout ofexisting Fire Department funding; and, be it further RESOLVED, The Common Council authorizes the purchase of a Fire Police Vehicle at a cost not to exceedfundsprovided by Neriton Fire Company No. 9; and, be it further RESOLVED, TheCommon Councilauthorizes the retrofitting and major repairsof the Fire Police Vehicle not to exceedfundingprovided by Neriton Fire Company No. 9. BACK-UP ITEM 8.3 CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF Telephone: 6071272-1234 Fax: 607/272-2793 Memo To: Common Council From:Tom Parsons, Fire Chief Date: March 10, 2016 Re: Fire Police Vehicle NeritonHose Company Number 9,which is the organizationrepresenting the volunteer members of the Ithaca Fire Department, has offered to fundthe purchase a used "van type"vehicle for use by the Fire Police Unit. Thevehicle will be used for storage and transportationof barricades, flares, portable traffic control signs, scene lighting, and traffic cones. The fire department has a pickup truckthat the fire police canuse for thispurpose, but thevehicle cannot be dedicated to storage of this equipment as thevehicle is used for othertransportation needsrelated to operations, training, and fire prevention. The proposal, which I support, is to use funds donated by Company No. 9 to purchase a used van type vehicle. Additionalfunding will be provided by Company No. 9 to paint, letter, and outfit with the vehicle with safety lighting. Thevehicle would be owned by the Cityof Ithaca, insured under the Fire Department's InsurancePolicy, and registered to the City of Ithaca. Routine maintenance and fuel for the vehicle will be provided by the fire department using current fire department funds. I anticipate the use and associated costs to maintain the vehicle to be fairly low and will not significantly impact ourbudget. Thevehicle will be stored either at one of the Fire Stations orDPW and willbe under the control of the Fire Department. If you have any questions, please don't hesitate to contact me. 8.4 DPW—Approval of Boat Storage Rack Construction Funding - Resolution WHEREAS, a proposal to install, maintain, and license 5 boat storage racks at a total of 4 locations within Stewart and Cass Parks was approved by Common Council on March 2, 2016; and WHEREAS, the capital cost to construct the boat storage racks is estimated to be 5,000 with a revenue stream to the City expected to be $6,000per year; and WHEREAS, funds to pay for the initial installation will come from account A7111- 5483, Parks and ForestryConstruction Supply, which were not anticipated in the 2016 Departmentof Public Worksbudget; now, therefore be it RESOLVED, ThatCommon Council authorize the transfer of$5,000 from unrestricted contingency to account A7111-5483. 8.5 DPW -Agreement with Tompkins CountySoil andWater Conservation District for coordination and implementation of theCayuga Lake Watershed Hydrilla Project in the Cayuga Inlet, Fall Creek and Southern Cayuga Lake for 2016 - Resolution WHEREAS, the TompkinsCounty Soil and WaterConservation District (District) is working to eradicate the Invasive Hydrilla plantfrom the Cayuga Inlet, Fall Creek, adjacent tributaries, and the southeastcorner of Cayuga Lake; and WHEREAS, the Finger Lakes-Lake Ontario Watershed Protection Alliance FLLOWPA) has received NYSDEC administered grant funding (Aid to Localities Contract No. C304750) for hydrilla eradicationefforts (including in-field management/treatment, extensive plant community and hydrilla tuber monitoring), and WHEREAS, NYSDEC requires a "full reimbursement" processfor Hydrilla Project activities, including coverageof all up-front Project costs before NYSDEC funds can be accessed and reimbursement requested; and WHEREAS, the District does nothave appropriate funding on hand to cover up-front Project costs, but mustcontinue the coordination and implementation of critical HydrillaProject activitieswith theHydrilla Task Force to ensure Project success; and WHEREAS, in order to make this a possibility and cover the needed up front 300,000 project costs, the City of Ithaca has combinedwithTompkinsCounty to lead thefunds with a laterreimbursement; now, therefore be it RESOLVED, By theCity of Ithaca that, 1.) TheCity of Ithaca enters into a contract with Tompkins County Soiland Water Conservation District to provide local funding support of$100,000 for Hydrilla Project activitiesfor the 2016 treatment season. 2.) The TompkinsCounty Soiland Water ConservationDistrict (on behalfof the Hydrilla Task Force of the Cayuga Lake Watershed), will secure sub- contracts with Project contractors in order to implement necessary in-field Hydrilla Project activities, including hydrilla management and eradication treatments, and plant community and hydrilla tuber monitoring. 3.) Tompkins County Soil and Water ConservationDistrict will submit reimbursement requests to NYSDEC via FLLOWPA for Projectcosts incurred during the 2016 treatment season. Reimbursement requests will be submitted on a quarterly basis (per NYSDEC contract terms). Reimbursement funds will be sent to TCSWCD, which will then be sent to the City of Ithaca. BACK-UP ITEM 8.5 GpUN Ygp TompkinsCounty Soil and Water Conservation District 4` Z 170 Bostwick Road—Ithaca,NY 14850 0 a Telephone: (607)257-2340Fax: (607)257-7896 Dear Mayor Myrick, The Hydrilla Task Force of the Cayuga Lake Watershed(HTF)hasbeen responsible for coordinating and implementing the Cayuga Lake Watershed Hydrilla Project(Project) sincethe discovery of the highly invasive aquatic plant species Hydrilla(Hydrilla verticillaia) in the Cayuga Inlet in August of 2011. Project activities fall into three primary components: 1. Hydrilla management and eradication treatments 2. Plant community, hydrilla tuber, and water quality monitoring 3. Public education and outreach These critical Project initiatives have been funded through multiple grants from state and Federal sources, including: Fish and Wildlife Service-Aquatic Nuisance Species Grant (FWS-ANS. Federal) National Fish and Wildlife Foundation-Pulling Together Initiative(NFWF-PTI. Federal) NYS Department of Environmental Conservation(NYSDEC. State) NYS Office of Parks, Recreation and Historic Preservation (NYS Parks. State) The NYSDEC grant remains a"full reimbursement"process,requiring that all Project expenses be coveredup- front before funding can be accessed and reimbursement requested. At thistime.the Tompkins County Soil and Water Conservation District(TCSWCD), a primary stakeholder and permit/contract holder for the HTF, does not have the available funds on hand to cover up-front Project costs. This continues to create a scenario where the HTF is unable to access the much needed NYSDEC funding to help cover the costs of critical Project activities. Given the annual funding needs for the Project andthe current constraints put in place by the NYSDEC grant contract,the Tompkins County Soil and Water Conservation District is requesting the Citv of Ithaca provide local funding support for the Project in the form of a $100,000 "bridge loan."A similar request has also been made to Tompkins County for local funding support of$200,000 for the Project in 2016, and a contract between the County and TCSWCD is now in place. Similarto the local funding agreement between the City and TCSWCD in 2015 (for$100,000),these local funds will be utilized to cover the up-front costs of the most critical Projectcomponents during the 2016 treatment season(June 2016—December 2016). This includes in-field management and eradication treatments, and extensive monitoring and sampling of hydrilla/plant communities. Following payment of up-front Project costs using local funds,reimbursement requests will be made to NYSDEC at the end of the Third and Fourth Quarters of 2016(September 30 and December 31,respectively). A full contract alreadyexistsbetween FLLOWPA and NYSDEC for allocated Hydrilla Project funding(Aid to Localities Contract No.: C304750). TCSWCD will submit reimbursement requests to FLLOWPA for Project costs incurred in 2016. FLLOWPA and NYSDEC will process these requests,release funds,and send payment to TCSWCD. TCSWCD will then replenish the local funding provided by the City of Ithaca. Current and anticipated grant funding from FWS-ANS and NYS Parks for 2016 will be used to fill any gaps notcovered by NYSDEC funds. Any questionsor requests for additional information can be directed to: James Balyszak(Program Manager, Hydrilla Task Force) 170 Bostwick Road Ithaca,NY 14850 Phone: 607-254-1715 Email: OR Jon Negley(District Manager,Tompkins County Soil& WaterConservation District 170 Bostwick Road Ithaca,NY 14850 Phone: 607-254-1718 Email: The Hydrilla Task Force and its stakeholders greatly appreciate the City of Ithaca's continuedinterest and willingness to support the ongoing Cayuga Lake Watershed Hydrilla Project. We look forwardtocontinuing local collaborative efforts, which will help to secure the long-term viability of the Hydrilla Project and the positive long-term benefits to the local community,commerce and freshwater ecosystems. Sincerely, Jonathan Negley District Manager,Tompkins County Soil& Water Conservation District CC: Steve Thayer(City Controller) Mike Thorne(Superintendent of Public Works) BACK-UP ITEM 8.5 CONTRACT FORSERVICES Made this day of 2016 between the CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street,Ithaca,New York(the"City"), and TOMPKINS COUNTY SOIL& WATER CONSERVATIONDISTRICT, with offices located at 170 Bostwick Road,Ithaca,NY 14850(the"District"). WITNESSETH: WHEREAS, The Tompkins CountySoil and Water Conservation District(District) is working to eradicate the invasive hydrilla plant from the Cayuga Inlet, Fall Creek, adjacent tributaries, and the southeast corner of Cayuga Lake, and WHEREAS,the Finger Lakes-Lake Ontario Watershed Protection Alliance(FLLOWPA), of which the District is a member, has received New York State Department of Environmental Conservation(NYSDEC)administered grant funding(Aid to Localities Contract No. C304750)for hydrilla eradication efforts(including in-field management/treatment,extensive plant community and hydrilla tuber monitoring)with such effortsreferred to here as the"Hydrilla Project",and WHEREAS,NYSDEC requires full reimbursement for Hydrilla Project activities, including coverage of all up-front Project costs before NYSDEC funds can be accessed and reimbursement requested,and WHEREAS,the District does not have appropriate funding on hand to cover up-front Project costs, and requires funding to continue the implementation of critical Hydrilla Project activities, and WHEREAS, in orderto make this a possibility and cover the neededup front$300,000 project costs,the City of Ithaca has combined with TompkinsCounty to lend the funds with a later reimbursement; NOW, in consideration of the covenants, conditions,and provisions contained herein, it is hereby AGREED as follows: 1. The City agrees to provide local funding support to the District in an amount notto exceed$100,000 for the 2016 treatment season of the Hydrilla Project. The term of this agreement is for the period of April 1, 2016 through December 31,2016. 2. The funding described in paragraph 1 will be delivered to the District in a lump sum within thirty (30) days of execution of this Agreement. 3. Using the funds from the City provided underthis Agreement and fundsreceived fromTompkins County under separate agreement,the District will secureand administer all necessary sub-contracts in order to implement the in- field Hydrilla Project activities, including hydrilla management and eradication treatments, plant community and hydrilla tuber monitoring, and water quality analysis. 4. The District will submit reimbursement requests to NYSDEC via FLLOWPA for Project costs incurred during the 2016 treatment season. Reimbursement requests will be submitted on a quarterly basis(per NYSDEC contract terms). Reimbursement funds will be sent to the District,which will then be sent to the City of Ithaca. 5. The relationship of the District to the City is that of an independent contractor. As such,the District shall receive no fringe benefits from the City including butnot limited to medical insurance, retirement benefits, workers' compensation, disability, unemployment insurance or any other benefits or remunerationother than that set forth in paragraph I hereinabove. 6. The District will review Hydrilla Project progress with the Hydrilla Task Force and submit any information at the Task Force's request. The District agrees to provide services as outlinedin the NYSDEC grant(Aid to Localities Contract No. C304750), and as submitted to the City's Common Council and the Tompkins County Legislature. 7. The District agrees to comply with any audit of its records orauditing procedure that may be required by virtue of entry into this Agreement. 8. The City may terminatethis contract at any time without cause, in which case the District shall be paid pro rata for the satisfactory work performed to date of termination. 9. The District shall indemnify, hold harmless and defend the City and its officers, employees, agents and elected officials from and against any and all claims and actions brought against the City and its officers, employees, agents and elected officialsfor injury or death to any person or persons or damage to property arising out of the performance of this agreement bythe District, its employees, subcontractors or agents with the exception of all actions and claims arising out of the negligence of the City. The District shall maintain minimum limits of insurance as required by lawor as acceptable by the City, whichever is greater. 10. The District shall not discriminate against any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender,height, immigration or citizenship status, marital status, national origin, race,religion, sexual orientation, socio-economic status, or weight. 11. In accordance with the provisions of Section 109 of the New York General Municipal Law,the District is hereby prohibited from assigning,transferring, conveying, sublettingor otherwisedisposing of this agreement to any person or corporation without the prior written consent of the City. 12. Workers' Compensation and Disability Coverage: Acondition for entry into this agreement is the presentation by the District to the City of Ithaca of either proof that the District provides the levels of workers' compensationand disability coverage required by the State of New York or that the District is not required to provide such coverage. 13. This Contract shall be governedby and construed in accordance with the laws of the State of New York and the City of Ithaca Charter and Municipal Code. The parties agree that the Supreme Court of the State of New York, held in and for the County of Tompkins, shall be the forum to resolvedisputes arisingout of eitherthis agreement or work performed according thereto. TOMPKINS COUNTY SOIL& WATER CONSERVATION DISTRICT: BY: DATE: Name of Individual Signing] SS#or Federal ID# CITY OF ITHACA: BY: DATE: Svante Myrick, Mayor BY: DATE: Department Head APPROVALS AS TO FORM: BY: DATE: City Attorney CITY CONTROLLER: BY: DATE: City Controller CITYADMINISTRATION COMMITTEE: DATE: Chairperson 8.6 Ithaca Fire Department - Request to Establish Capital Project for Technical and Urban Search Rescue - Resolution WHEREAS, the City of Ithaca Fire Department (IFD) was awarded $79,400under the FY 2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program; and WHEREAS, the funding for thisinitiative is provided by the federalDepartment of Homeland Security's State Homeland Security Program (SHSP), and administered by theNew York State Division of Homeland Security and EmergencyServices; and WHEREAS theaward providesreimbursement for the purchase of trench rescue team equipment, and the personnel costs fortrench rescue equipment training; now, therefore be it RESOLVED, ThatCommonCouncil hereby authorizes the Controller's Office to establish Capital Project#829IFD Technical andUrban Search and Rescue in the amount not to exceed $79,400 with all funds issuing from the FY 2014 Technical Rescue and Urban Search and Rescue (USAR) Grant Program. BACK-UP ITEM 8.6 4DNEW YORK STATE DIVISION OF HOMELAND SECURITY AND EMERGENCYSERVICES Andrew M.Cuomo,Governor Jerome M.Hauer,Ph.D.,MHS,Commissioner October 16,2014 Honorable Svante Myrick Mayor,City of Ithaca City Flail 108 East Green Street Ithaca,NY 14850 Dear Mayor Myrick: I am pleased to announce that the NYS Division of Homeland Security and Emergency Services DHSES)is awarding the City of Ithaca$79,400 in federal funding under the FY2014Technical Rescue and Urban Searchand Rescue(USAR)Grant Program. Funding for this initiative is provided by the federal Department of Homeland Security's State Homeland Security Program(SHSP). The performance period for this award is October 16,2014 through August 31, 2016. Asoutlined in your application,this funding is provided for local emergency response teams that provide technical rescue and USAR related services through equipment,training,exercise,and planning projects. All funding is subject to both New York State and federal guidelines and regulations. All capabilities developed through Federal FY2014 SHSP funding are required to be deployable regionally and nationally perthe Federal Funding Opportunity Announcement. A representative from DFISES' Grants Program Administration Unit will be reaching out to your grant point of contact shortly. If you have any questions aboutthis program,please contact Beverly Riley at(5 18)242-5093. Congratulations on your award! We look forward to working with you to ad nini r this program. Ic cere ly, ome M.Hauer, Ph.D., MHS mmissioner cc: Lt. Scott Eaton, Ithaca Fire Department 1220 WashingtonAvenue, StateOffice Building Campus Building 7A, Suite610 Albany, NY 12242 A. Description of Regional Partnership A.1.) Identification of Single or Regional Response Team Please provide the name of the Submitting Partner and Participating Partner(s)that are seeking to sustain, maintain or enhance Technical Rescue/USAR capabilities(or regional partnership, if applicable): Submitting Partner(only one) Participating Partner(s)(unlimited) City of Ithaca Fire Department A.2.) Description of Regional Partnership: Environment Please provide the name of the jurisdiction(s)served from the development of this capability: TompkinsCounty(Including Cayuga Heights, Lansing, Dryden,Varna, Freeville, Etna, Groton, Newfield,Trumansburg, Danby, Enfield,Slaterville,and Brooktondale) Please provide thepopulation of the jurisdiction(s)served fromthe development of this capability: The City and Town of Ithaca's combined population is 50,000 residents with a greater population including the college residents and day timework force.Tompkins County has a population of 102,554. Please provide the approximate number of square miles that will be served fromthe development of this capability: City of Ithaca covers boththe City and Town of Ithaca at an approximate 30 Square Miles.Tompkins county is 476square miles. Please provide any additional details with regards to some of the geographical challenges that your specific emergency response team mayface (proximityto areas prone toflooding, structurally vulnerable buildings, etc.): City of Ithaca is located centrally in TompkinsCounty. Ithaca and the surrounding area is made up of major elevation changes, which lend to a terrainwith many gorge areas and river streamswhich empty into Cayuga Lake and adjacent valleys .The City of Ithaca is prone to flooding from ice dams and traditional sources.The building A.3.)Description of Technical Rescue/USAR Partnership: PersonnelTable Number of Submitting Partner Number of Career Personnel Total Volunteer Personnel City of Ithaca Fire Department 63 10 73 B Participating Partners Number of Career Personnel Number of Total Volunteer Personnel i 0 i 0 0 0 Regional Partnership Number of Number of Career Personnel Regional Total Submitting+Participating Partners) Volunteer Personnel 73 63 10 A.3.)Description of Technical Rescue/USAR Partnership: Technical Rescue and USAR Call Volume Submitting Partner 2011 Calls 2012 Calls 2013 Calls 2014 Calls Total City of Ithaca Fire Department 13 12 12 5 42 Participating Partners 2011 Calls 2012 Calls 2013 Calls 2014 Calls Total 0 0 0 0 Regional Partnership Submitting+Participating Partners 2011 Calls 2012 Calls 2013 Calls 2014 Calls Regional Total 13 12 12 5 42 i Helpful Hint: The definition of a Technical Rescue and USAR call for the purposes of this application is: "A situation which necessitated thedispatch of a Technical Rescue/USAR response team and utilizing special equipment or devices normally only possessed by a Technical Rescue/USAR team." A.5.)Description of Regional Technical Rescue Partnership Directions: Applicants must provide sufficient detail theregional partnership or single emergency response team has coordinated planning,training, and or equipment acquisitionactivities prior to the development of this grant application. If no coordination has occurred previously, note this and explain how the new partnership will work in the future. i Explanationsshould focus on howthe partnerships have and/or willbenefit the region's ability to respond to technical rescue emergencies. E Note: A"Notice of Endorsement"form is required as part of theapplication submission process, if you are applying as a Regional Partnership. A"Notice of Endorsement"template can be found in Appendix B of the RFA. Pleasesee the RFA z for further details on the requirements associated with submission of the "Notice of Endorsement"form. m El El C5 6 t 15 El Em m C. Capability Enhancement Capability Enhancement Description Directions: Applicants must provide a brief description of their current Technical Rescue/USAR capabilities and highlight how their proposed budget for the 2014 Technical Rescue/USAR Grant Program funds will address identified capability gapsand also support the teams resource typing advancement. Please include reference towhat your Resource Typing status for each specific discipline in accordance to with the NIMS/New York State Resource Typing System; please refer to the Resource Typing Sheets that youare submitting with your application as a reference. Additionally, please also articulate how yourproject requests will assist in increasing the region's NIMS/New York State Typing Status. High Level Description Currently, IFD has establishedrope,water,confined space and trench resources. Rope rescue has been a mainstay of the department since 1988. IFD has a long history of providing Type I rope rescue service throughout Tompkins County. Due to established water hazards and flooding issues(local and statewide), IFD began to build a comprehensive water rescue program in 1990.The2012 technical rescue grant allowed IFD to advance its water rescue program to a NIMS Type II team. IFD current confined space equipment cache allows for a basic rescue operation (but will need continued Projects Additional Instructions: Foreach project there are two(2)drop-down menus that the applicant must complete toappropriately link their projects back to the relative"New York State Homeland Security Strategy" Goals and Objectives as well as specific linkages to the search and rescue"Core Activities"that were outlined in the RFA. Onceyou have made these linkages,please complete the narrative sections, articulatingyour current capabilities,yourcurrent gaps, and how the proposed project will close those gaps. Additionally,whereapplicable, please indicate howthis specific project will assist the emergency response team with advancing their current Typing Status. Project 1 Objective 1.2. Basedon capability analyses, identify, purchase, and maintain equipment for responders to safely detect, identify,and respond to CBRNE events" 3. Direct Search and Rescue Tactical Operations Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team (See Typing Sheet).Our gap analysis focused on equipment needs that are not i Current Gaps: IFD's high-pressure air bags have reached the end of there useful life-span. During our i t gap analysis,we had our current air bags evaluated by two independent sources. Both recommended i How Your Proposed Projects Will Close These Gaps: IFD will purchase a high pressureairbagkit that will meet the minimum requirements to be a Type II team,to include a master control unit.They will be s 4 Project 2 Please Select a NYS Strategy Objective Please Select the Corresponding Core Activity Current Capabilities: IFD currently has much of the required equipmentto be designated as a Type II Trench Rescue Team (See Typing Sheet).Our gap analysis focused on equipment needs that are not easilyaddressed with local funding.The goal of project 2 is to acquire the equipment necessary to meet the requirements of a Type 11 (Operations)Trench Rescue Team and a future Type I (Technician)Team. Current Gaps: IFD has never had this resource in our equipment cache.A low-pressurekit is a requirementto meet NIMS Type II (Operations). In addition, it would aid IFD as we look toward future collapse rescue capabilities. How Your Proposed Projects Will Close These Gaps: IFD will purchase a low pressureairbagkit that will meet theminimumrequirements to be a Type II team. No master control unit will be needed,as one will be acquired in project 1.They will be NFPA compliant. In our efforts to regionalize with Cayuga and Cortland Counties,the air bags will be compatible with Cayuga County's current system. Project 3 2. Develop and Maintain Training and Exercise Programs Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team (See Typing Sheet). Our gap analysis focused on equipment and training needs that are not easilyaddressed with local funding.The goal lofproject 3 is to acquire the training necessary to meet the requirements of a Type II (Operations)Trench Rescue Teamand a future Type I Team. Current Gaps:The majority of IFD personnel have not had updated trench rescue training(Operationsor Technician). Many of those who have are reaching the end oftheir careers. It is essential to provide the foundation training for newmembers and create a system to sustain the training as new members enter the organization. In addition, local partners have not been briefed on IFD's trench capabilities. How Your ProposedProjects Will Close These Gaps: Project 3 will provide overtime and backfill for IFD membersinvolved with trench rescue training. IFD will run the entire department through an on-duty operations level training.Afterwards,select members would attend an off-duty technician level training. This will provide us with a strong base from which to continue to build our program. In addition, IFD will I i a I j a 3 i I 3 t gj[ i i rt i 3 i i I i Project 4 2. Develop and Maintain Training and Exercise Programs Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team (See Typing Sheet).Our gap analysis focused on equipment needs that are not Current Gaps:The majorityof IFD personnel have not had updated trench rescue training (Operations or Technician). Many of those who have are reaching the end of their careers. It is essential to provide the HowYour Proposed Projects Will Close These Gaps: Project 4 will cover the fringe costs associated with the execution of project 3. Project 5 3. Direct Search and Rescue Tactical Operations Current Capabilities: IFD currently has much of the required equipmentto be designated as a Type II Trench Rescue Team (See Typing Sheet).Our gap analysis focused on equipment needs that are not easily addressed with local funding.The goal of project 5 is to acquirethe equipment necessary to meet Current Gaps: Our current small compliment Air Shores does not meet the recommended or required numbers and sizes.Theyare a recommended item for Operations Level and required for Technician (a future goal).Similar to the high-pressureairbags,the air shores IFD does have are also nearing the end How Your Proposed Projects Will Close These Gaps: IFD will purchase an air shore compliment(with struts and a variety of bases)that will meet the requirements to be a Type II team. They will be NFPA compliant. In our efforts to regionalize with Cayuga and Cortland Counties,the air shores will be compatible with Cayuga County's currents stem. Project 6 3. Direct Search and Rescue Tactical Operations Current Capabilities: IFD currently has much of the required equipment to be designated as a Type II Trench Rescue Team (See Typing Sheet). Our gap analysis focused on equipment needs that are not Current Gaps: IFD currently has a small fraction of our existing trench rescue equipment on an undersized trailer(length and weight capability).We cannot currently carry the items necessary to be a How YourProposedProjects Will Close These Gaps:A larger enclose cargo trailer will enable to deploy efficiently as a Type 11 and future Type I team. In addition,future structural collapseresources will be stored in this deployment vehicle. Project 7 Please Select a NYS Strategy Objective Please Select the Corresponding Core Activity Current Capabilities: j i Current Gaps: j j s z D. Regional Implementation Plan Directions: Below please describe how your regional partnership or singleresponse team will implement and/ordeploy the projects outlined in your Budget in the areas of Planning, Equipment, Training and Exercises. Refer to your Budget Plan for specific reference to the POETE(Planning,Equipment,Training, Exercises)solution area for each Project. C.1.)Equipment-Please include a description of how theequipment requested will be stored,dispatched,and used in response operations within the regional and made available to regionalpartners,if applicable,upon request. The equipment listed in projects 1, 2 and 4(air bags and air shores) will be stored in both IFD's Heavy Rescue and Technical Rescue Trailer(project 6). Both the Heavy Rescue and the Technical Rescue Trailer will respond to any activation local or mutual aid). Whendispatched by the TompkinsCounty911 center,the Heavy Rescue responds from our Central Fire Station.An engine company from our SouthHill Station connects the trailer to a dedicated tow vehicle that is kept on C.2.)Planning-Detail how planning activities(if applicable)will be implemented by your regional partnership and describehow such activities will address identified technical rescue and USAR capability gaps. While the grant does not request formalfunding for planningactivities, it does highlight its importance.As outlined, IFD will work with the TompkinsCounty DOER and local jurisdictions to improve technical rescue response plans. In addition, local funds will pay for regionalbriefings on IFD's technical rescue capabilities. Lastly, IFD will continue to explore a regional technical rescue partnership with Cayuga and Cortland Counties.As this partnership has demonstrated with hazmat,a regionalapproach helpsclose gaps by standardizing on compatible/complimentary equipment and training. None of us are as strong as all of us! C.3.)Training-Identify all related training programs(if applicable)that will be funded by this grant program and identify how the training related to the emergency response team's capability enhancement goals Please Note: Training E funded under this grant program must be pre-approved by DHSES i ul m V m ' m 3 ; N v a 3 ? w rs a n Z o m ° m c m m vmoa5 0 a o'Y o @ o a °c a m c °' m c v a o c e ro oD 03p O 0 d a c a ... tioa a m p p . ai v c m o 0 > a 3 p o a 3 4 Q v . o c 3 'm E c c 3 m E o0 a E c o a E c o . a a ° Y w% o °o O m o °o oQ a- C+ p O " > N M U C 09 c C N 0 U ° U C DD'C O C N C a C p C y N c a C v E ro C N C a C . N C 'y a .Gmi Jo Q v v I z v E o Ea E E m ? o E E m ? o .D u y y 6 ° ° u ° m EE . o 00 E v °-' 00 0mv u N C y N E a o o c- is a o 0 0 nnE3uro a ° E 3 u o o v a oo i v v ° Y v . 3 Y a °a s s a cc v o..c .NZ a c c o v m 0 uoo- o c c o o " w o cc o u° u° n c a L a` u u n °o a t 'v N a ti a v vv v v a E c m m c ro c_ m v v c u_ m v w m v m L .O O y 3 W ¢ a ¢ c y ¢ c > N ¢ c > a ¢ c > f6 n e \,Oc < F- Q m F Q ro v v V- Q m v v F Q v a 0 u i+ m m O v m v V Q y u } U } u O O } u O O } O O y N u Gc a E qn m cm c v o zc E m m a t a cl N 41 C •- •C CD C_ dd c_ c_ DD c C aD i E =0 2 Q ° L bD L tl0 CO L m 00 L C N ° a un W C p W 9 Y a { P UO Y a G C Y G Y s o uco mm mm m bo mm j cx 61 = v E € E E E .E € E E E O C H E ua E wO L O SrN C Cv c E 0 a c N ° t v N p 30 O C O a tnuamwu a o zEmuv a v 0 offQ- a ° ° E N N N N N N S a c a $v 3 E 3 E BACK-UP ITEM 8.6 CITY OF ITHACA ta~ 310 West Green Street Ithaca, New York 14850-5497 OFFICE,OF THE,FIRE CHIEF Telephone: 607,1272-1234 Fxx: 6071272-2%93 To: City Administration Committe From: AC Rob Covert Ithaca Fire Department RE: 2014 Technical Rescue Grant 10 April 2016 The New York State Division of Homeland Security and Emergency Services (DHSES) awarded the Ithaca Fire Department (IFD)a Technical Rescue Grant for fiscal year2014. The focus of the grant is to improve and expand IFD's trench rescue capabilities with updated equipment and training. The equipment was chosen basedon New York State NIMS typingcriteria with the goal of increasing interoperabilitywith regional and state partners. The training will be delivered by DHSES personnel via a series of Ithaca based courses to provide needed skills and credentialing.The grant financialbreakdown is as follows: Technical Rescue Equipment: 48,200 Cargo Trailer Project: 9,800 Training overtime and Backfill:15,500 Personnel Fringe Costs: 5,900 The rescue equipment will be purchased on GSA Contract. The items include Air Shores o Used to hold wood panels in place during trench operations o Used to stabilize vehicles during vehicle accidents o Provide limited structural collapse stabilization Air Bags (Low, medium and high pressure) Used to fill gaps between trench panels and trench Provide lift capability Vehicle Accidents Industrial Accidents Structural Collapse The Cargo Trailer(Draft Spec sheet attached)will allow storage and transportation of trench and other technical rescue equipment to the emergency operations scene. It will be towed by existing Ithaca Fire Vehicles Personnel budget line will enable Ithaca Fire Personnel to attend courses and provide backfill to maintain response capabilitiesduring on-shift delivery. NYS Course descriptionsattached. An Ronal Oliporhinity Rmpinyrr with a mmmirmrnt to wnrkforrr divrrsifiratinn." BACK-UP ITEM 8.6 Ithaca Fire Trench Rescue Series 2016 The following course will be delivered by the New York State Office of Fire Prevention and Control. Each course is a succession in a series to obtain New YorkState certification at the Trench Operations orTechnician level. Trench Rescue -Awareness Level This course will discuss problems that can and dooccur in trench rescue incidents. Safety techniques, shoring techniques, proper procedures, team operations, andhazard assessment will all be discussed and explained in depth. (8 Hours) May 1 C Shift May 3 D Shift May 5 A Shift May 7 B Shift Medium Structural Collapse Operations:Tools This two-day program willfamiliarizethestudent with the tools used in structural and excavation collapse related incidents.This is an intensive hands-on course and the students will be evaluated on the proper use of the tools provided. (16 Hours) May 19-20 D Shift May 21-22 A Shift May 31-June 1 B Shift June 2-3 C Shift Trench Rescue—Operations Level This two-day program consists of intense hands-on training in the fieldof trench rescue. The students will be taught severalways to shore trenches, the different types of extrication techniques, proper rescue site management, as well as the proper safety concepts needed to complete a safe and successfulrescue. There will be liveexercises in which thestudents will actually extricate a trapped victim from an open trench scenario. (16 Hours) June 8-9 B Shift June 10-11 C Shift June 28-29 D Shift June 30-July 1 A Shift Trench Rescue—Technician Level Designed to increase the skills learned in the basic trench rescue class. Rescue operations in intersecting, L-shaped, and deep trenches will be covered.Advanced trench rescue shoring techniques and concepts will also be shown. (16 Hours) July 19-20 Delivery 1 July 21-22 Delivery 2 Note: To encourage interagency cooperation, available class seats (basedon maximum allowed students)will be offered to local and regional response partners. Classes will be offered based on partner response level. Potential agencies include: Other City of Ithaca Departments Ithaca Tompkins Regional Airport Cornell University Environmental Health and Safety Ithaca College Environmental Health and Safety Auburn Fire Department Cortland Fire Department 9. CITY ADMINISTRATION COMMITTEE: 9.1 Working Group to Propose Restructuring of Boards and Committees - Resolution WHEREAS, in 2011, theCity of Ithaca contracted with an outsideconsultingfirm to evaluate the city's organizational structure as it relates to performancemeasurement and efficiencies, resulting in what we now call "The Novak Report"; and WHEREAS, based on the Novak Report, theCommon Council identified as a priority the task of performing a comprehensiveanalysisof theCity's approximately 30 boards and committees; and WHEREAS, the CommonCouncil now desires to complete that analysis and considerrecommendations forrestructuring many of theCity's boards and committees (which shall, for purposesof this resolution, include commissions, councils other than the Common Council, and groups), thoughgenerally not the City's quasi-judicial boards and committees; now, therefore be it RESOLVED, That a Boards and Committees RestructuringWorking Group BCRWG") shall be formed to gather inputfrom existingboards and committees, and the public, on possible models forrestructuring, and to propose to theCity Administration Committee a realigned structurefor the City's boards and committees that supports the following goals: 1. To create a structure in which volunteers and citizens effectively engage in order to drive change and address changing needs. 2. To make effective use of volunteer time and energy. 3. To create a structure in which volunteer committees canbring new ideas and initiativesforward to Council for adoption in an easy and consistentmanner. To also create a structure in whichCouncil and/or the Mayor can assign an emerging issue to a committeefor research, public input, and analysis. 4. To define clearer relationships between City committees and Council. 5. To better utilize staff resources in order to mosteffectivelyempower the committees. 6. To be evenmore responsive to the needsof ourcommunity. 7. To make recruitment of new board members easier. 8. To create a structure that is fluid enough to be both proactive and reactive depending on the situation or issue. 9. To providecitizensbetter visibility and access into government and how to create change. and be it further, RESOLVED, That the Mayor shall select, recruit, and appoint seven members of the BCRWG as follows, who shall additionally be advised by theCity Attorney: Two presentor former board or committee members Two members of the Common Council Two City staff with familiarity with the City's board and committee structure The Chief of Staff; andbe it further, RESOLVED, That a member of theBCRWG shall provide progress updates tothe City AdministrationCommittee at most meetings of theCity Administration Committee. 9.2 DPW -Approval of Assessments for Sidewalk Construction Costs for Portions of Cornell Street and Hancock Street - Resolution WHEREAS, on May 7, 2012, the Board of Public Works directed new sidewalk construction by City forces alongthe west sideofCornell Street, between East State/Martin Luther King, Jr. Street. and Eastwood Avenue, in accordancewith Uniform SidewalkImprovement sections of the City Charter, pursuant to plans and specifications prepared by the Office of the City Engineer, and under the direction of the Superintendent ofPublic Works; and WHEREAS, after a recommendation fromthe Board of Public Works, Common Council created Capital Project# 779 in the amount of$50,000forCornell Street sidewalk construction and associated costs, with the understandingthat approximately halfof thatamount would be recoverableundersidewalk assessments authorized under the Uniform SidewalkImprovement sections of the City Charter; and WHEREAS, on June 4, 2012, the Board of Public Works directed new sidewalk construction by City forces along the northand south side of the 700 block of Hancock Street, in accordance withUniform Sidewalk Improvement sections of the City Charter, pursuant to plans and specifications prepared by the Officeof the City Engineer, and under the direction of the Superintendentof Public Works; and WHEREAS, the CornellStreet and HancockStreetssidewalks were constructed by theCity Department of Public Works in the summers of2012 and 2013, respectively; and WHERAS, Common Councilpassed Local Law No. 3-2013, effectiveJanuary 1, 2014, in essencemodifying theCity Charter's policy in regard to responsibilityfor sidewalk construction costs; and WHEREAS, in the contextof thenew law, and through theadoption of the 2014 SidewalkImprovement District budget and work plan, the Board indicated their intent to share the costsofthenew sidewalk between the adjacent property owners and thenewlycreated Sidewalk Improvement Districts; and WHEREAS on June 9, 2014, the Board held a dulyadvertised public hearing in accordance withSection C-89 of theCity Charter, in regard to apportioning and assessingsidewalk costs for both Cornell Street and Hancock Streetconstruction, in accordance with plans and schedules of costprepared by the Office of theCity Engineer; and WHEREAS, on August 18, 2014, the Board of Public Works approved an apportionment ofcosts as shown in the attached schedule of costs prepared by the Office of the City Engineer, and recommended to Common Council to assess such apportioned costs tothe adjacent property owners in accordance with Section 89 of the City Charter; now, therefore be it RESOLVED, That Common Council does hereby approve the apportionmentof cost as approved by theBoard of Public Works on August 18, 2014; and, be it further RESOLVED, ThatCommonCouncil doeshereby direct theFinance Department to assess the apportioned costs to the adjacent property owners as follows: Address Assessment 10 Cornell Street 5,364.06 1120 East State Street/ Martin Luther King, Jr. St. $ 5,515.63 622 Cascadilla Street 5,721.52 702 Hancock Street 3,393.00 710 Hancock Street 3,213.60 711 Hancock Street 273.00 BACK-UP ITEM 9.2 CITY OF ITHACA 108 East Green Street, Suite 202 Ithaca, New York 14850-5690 O OFFICE OF THE CITY ENGINEER Telephone: 607/274-6530 Fax: 607/274-6587 To: Board of Public Works From: Tim Logue,City Transportation Engineer Date: August 4,2014 Re: Assessing a portionof newsidewalk costs along Cornell Streetand Hancock Street to adjoining owners Please find attached a resolution and schedule of costs that will apportion costs for new sidewalk constructed on Cornell Street andHancock Street in the past few years,abutting the following addresses: 1120 E. Martin Luther King Jr./ State Street(side yard abuts Cornell St.) 10 Cornell Street 702 Hancock Street 710 Hancock Street 711 Hancock Street 622 Cascadilla Street(rear yard abuts Hancock Street). Earlierthis year, in the context of forming the SID work plans and budgets, you indicated your preferenceto apportion half the sidewalk-related costs to the adjacent property owners and half the costs to the Sidewalk Improvement Districts (SID District 2 for Cornell Street work and SID District 3 for Hancock Street work). The SID budgets were adopted by Common Council on May 7, 2014, thus committing that funding. To begin the process to assess the other half of the newsidewalk costs, the BPW held a duly advertised public hearing on June 9f. At that time, one property owner raised some concerns about how the sidewalk area was calculated. Since then, staff has reviewed his survey, visited the location, and discussed with him how he felt the area should be calculated. After a number of exchanges,we are not able to come to an agreement.Staff feels confident in our methodology andrecommends proceeding in that manner. We have notified him of our intent. To that end, please find attached a resolution approving theschedule of costs and recommending that Common Council make the assessments of costs accordingly. J:\Sidewalks and Curb Ramps\New Sidewalks\State andCornell St CP 779\memo to BFW-assess costs ofCornell St and Hancock St newsidewalks_doc An Equal Opportunity 6mplover with a commitment io workforce elrversification.- q^ q m g a m a k f 2 A #\ 9 m 4q k t § ® s m \ 8 m @ S\ @ S Q @ k 6A -9 \ \\ « « ) )2 0 b a in S § §d N s J ej CL. fw c1l 17 14 I'm 44 z 9.3 DPW - Establishment of a Capital Project and Funding to Replace a Portion of the Sanitary Sewer Main Along the South Hill Trail above Renzetti Place - Resolution WHEREAS, two sanitary sewer mains along the west end of theSouth Hill Trail have experience storm related high flows on at least two occasions since 2011 resulting in overflows whichspilledonto the trail and along the south ditchline of RenzettiPlace; and WHEREAS, the carrying capacity of the twomains is exceeded during high flows due to slope, size, and both mains being connected perpendicular to theflow in the Hudson Street sanitary sewer main at thesame location; and WHEREAS, installing four new manholes and 463 feetof new 15 inch diameter pipe to make a new point of connection withthe sanitary sewer main on Hudson Street downhill of the existingconnection will provide both increasedslope and a more hydraulically efficient transition in that theflowswill be converging in the same direction; and WHEREAS, the Department of Public Works Water& Sewer Division staff has estimated the maximum cost for this project to be $36,000.00; and WHEREAS, a 41.57% shareof the costs of this sanitary sewer project could be reimbursed by theTown of Ithaca under the Joint Sewer Interceptor Agreement in an amount not to exceed $14,965.20; and WHEREAS, the Department of Public Works Water& Sewer Division staffestimates its crews could completethiswork in two to fourweeks. Work would be scheduled for summer or fall of 2016; now, therefore be it RESOLVED, That CommonCouncil hereby establishes CapitalProject#630 with an amount not to exceed $36,000.00to facilitate the construction of a 463-foot length of sanitarysewer main along South Hill Trail aboveRenzetti Place; and, be it further RESOLVED, That funds needed for said sewer main project shall be derived from the issuance of Serial Bonds or within existing Sewer Fund appropriations. 0 0 0 0 000 0 000 OO pONN M N 0 0 0 0 00 0 000 N 01 i Ln O O Ln O Ln m 000 O .4- 1 I, N (V M O lD 0000 O M p y to lD M e-4 in Ln to to i--I c-I MMM b• V L? to N V? L? t/? r•i M t/? M E W 0 0 0 0000 0 000 w Ln 0 0 00000000 I— j tM/} - 4 O O O 00 N O 000000 t/? 00 iMn t/? O cn -Ln OOO a y i •L t/} t/) t/} i-•I Y E a wlU W Q 0 m N F r F+ Cf6 r3 v N O0 Ln e-i N M c-I r-I riNMM O) f6 E HW r LL LL Q QQQQ Q QQ U J J W W O OO N O X N N Ln Q VIcu ZLLr O O N 3 C (OQ' O LO p N L a) tLj 0 v+-i 41 i 4O D U H n c Y_ 4cu U to L (6 U N Y 3 • O CL o n ° 4 ° v v N o aaU = V o a O Ln V O LL v ++ C a 6 aLnM N C 'O - N M O W 41vMMccXQcvcoaDNv3tNOcoNr'q O U L Ln Z a o ` c E v a o E c m o m -0 v O Ln L N O v w L L (a O E CD c 1-1 N M -Zt Ln LD r oo rn 0 r-+ N V t E 1-41-4 J w o v £ ZUU0 9.4 DPW— Establishment of a Capital Project to Replace Water and Sanitary Sewer Mains on the 200 Block of Dryden Road WHEREAS, the City's water main on the200 block of DrydenRoad is 106 years old, originally constructed in 1910, and theCity's sewer main is 120 years old, originally constructed in 1896; and WHEREAS, the current redevelopmentof two parcelslocated in the 200 block of Dryden Road includes overhead electric and communications being moved to underground installations as well as the additionof a mediumpressure naturalgas main underground; and WHEREAS, the cost of replacing the City's water and sewerwould be significantly higher if done after thenew underground electric, communications, and gas have crowded the availablespace in the street right-of-way; and WHEREAS, the street surface, curb, and drainage are all in need of replacement and will be further disturbednecessitating a full depth street rebuild; and WHEREAS, in order to take advantage of a substantial cost savings, the Department ofPublic Works Water and Sewer Division is requestingfunding to performthis work, whichentails replacement of385 feetof sanitary sewer main and 377 feet of water main; and WHEREAS, the Department of Public Works Water & Sewer Division staff has estimated the maximum cost for replacement to be $236,000.00; and WHEREAS, City Department of Public Works Water & Sewer Division staff estimates city crews will complete this work in six to eightweeks and is to be scheduled during the time frame from June 2016, to August 2016; now, therefore be it RESOLVED, That Common Council establishes water Capital Project#531 in the amount of$131,100 and sewer CapitalProject#631 in the amountof$104,900 for a combined amount not to exceed $236,000.00, to facilitate the construction of replacement of water and sewer mains on the 200Block of Dryden Road; and, be it further RESOLVED, That funds needed for said water and sewer main project shall be derived from the issuanceof SerialBonds or withinexisting water and sewer appropriations. BACK-UP ITEM 9.4 BOARD OF PUBLICWORKS CITY OF ITHACA, NEW YORK City of Ithaca DPW, Water and Sewer Division: Recommendation to Establish a Capital Project and Funding to Replace the Watermain and Sanitary Sewermain on the 200 block of Dryden Road — Proposed Resolution WHEREAS, theCity's watermain on the200 block of Dryden Road is 106 years old, originally constructed in 1910, andthe City's sewermain is 120 years old, originally constructed in 1896; and WHEREAS, the current redevelopmentof twoparcelslocated in the 200 block of Dryden Road includes overhead electric and communications being moved to undergroundinstallations as well as the additionof a medium pressure natural gas main underground; and WHEREAS, the cost of replacing the City's water and sewer would be significantly higherif doneafter thenew underground electric, communications, and gas have crowded the availablespace in the street right-of-way; and WHEREAS, the street surface, curb, and drainage are all in need of replacement and will be further disturbednecessitating a full depth street rebuild; and WHEREAS, in order to take advantageof a substantial cost savings the Department ofPublic Works Water and Sewer Division is requesting funding to performthis work which entails replacement of 385-feet of sanitarysewermain and 377-feet of watermain; and WHEREAS, City Department of Public Works Water & Sewer Division staff have estimated the maximum cost for replacement to be $236,000.00, reference attached estimate; and WHEREAS, City Department of Public Works Water& Sewer Division staff estimates our Crews wouldcomplete this work in six to eightweeks to be scheduled during the time frame from June 2016 to August 2016; now, therefore be it RESOLVED, That theBoard of Public Worksrecommends thatCommonCouncil establishment of a capital project with funding not to exceed $236,000.00 to facilitate the construction of a replacement watermain, sewermain on the 200 Block of Dryden Road. OLri O O O O OO O OOOOOOOOOOO O O O OL am. n O O O O 00 O OO LD OOO N I- O O OOO O O O O X 0 0 Ln O c-i O OO H 000 I- OOO OO O 00 m H M N W -* 0) 00 N N 00 1-* n n Mt t/? to N N M O O O w t ri O to in. t N N t t t V.P. t to yyj ,--i ri O Ln O ri V t/) rIrI t An tn In -i t!} V1 rl rl m a v* to E LUW O OO OOOO O O O O O O O O O O O O O O O a+ Ln 0 0 0 000 0 Ln 0 0 0 0 0 0 0 0 0 0 OOO C M O O Ln O H 0 Ln N N O O N LD q O O O O 000 t/} O O e-i Ln M O N t/ti• Ln Ill O t/? to ri O O -1 rI OO lD I w tn. ri to N to t/ to Il in 00 M tn t/? OO ri V t/? L? N to t/} to L!1 LA In i t!} t/} t/1• E a W L C 3 G N W Tr+ 0 cr f6 Y 0 U a CCO LD 1-4 w n .-i 00 N 0o ri O O cn I, m 00 * r-I LD n Q 0) M m M N m m E W W Q Q Q Q W Q Q W Q Q Q LL QQ Q Q 0 Q Q ZY J W W W J W W W W } } W W F- CO O. N 0 LL Y U cl 0) N p O 0 _ 0) 0 m Q 01 0) O N Y a 0oL7pvCOppLm (1 01pV) r o_ CL n v v i o `Lnr' N tY1 ah yNj} YO N O v a oA co 0 G Ll- Y O O G 7 O O O u ao G O o 0 U M N 9.5 DPW -Additional Budget Authorization for Water Treatment Plant Improvement Project - Resolution WHEREAS, within the original design and contract for the Water SupplyProject was for City's two clearwells at the Water Treatment Plant both to be relined and made watertight. The 1929 clearwell was successfully sealed and relined. The 1903 clearwellbecause of its condition cannot be sealedor relined; and WHEREAS, it is necessary to the function of the Water Treatment Plant and Water DistributionSystem that 1903 clearwell be replaced in that it both provides for balanced and efficient operation of the membranefilters and therequired storage for emergency supply and fire flow; and WHEREAS, theCity's Engineering Consultants for theproject, O'Brienand Gere have estimated the maximum budget for replacement of the 1903 clearwell to be $1,250,000.00; and WHEREAS, the projected June 2016 contingency remaining in the project budgetfor Contract 4 underCapitalProject 510 is $927,667.00, this includes expenditure of 50,000.00to be used for Engineering design and construction phase services for the 1903 clearwell rebuild; and WHEREAS, the Assistant Superintendent for the City of Ithaca DPWWater and Sewer Divisionalong with staff Engineers have reviewed, discussed, and determined that the additional project construction and engineering costs are in line with best practices, are necessary, and theBoard of PublicWorks approved the additional budget authorization in the amountof$1,200,000.00 with theunderstandingthat at the close of Contract 4 the balance of thecontingency line will be all appliedfirst towards thisadditional work to minimize the amountof the additionalfunds expended; now, therefore, be it RESOLVED, That CommonCouncil hereby amends CapitalProject#510 by an amount not to exceed $1,200,000 for a new total authorization of$37,900,000; and, be it further RESOLVED, ThatCommon Council authorizes additionalfunding for Contract#4 under Capital Project 510 in an amount not to exceed $1,200,000.00; and, be it further RESOLVED, That at the close of Contract#4, thebalance of the contingency line will be applied towardsthisadditional work to minimize the amount of theadditionalfunds expended; and, be it further RESOLVED, That CommonCouncil authorizes additionalfunding for CapitalProject 510 in an amount not to exceed $1,200,000.00 to be derived from thebalance of the contingency line at the close of Contract#4 estimated to be $927,667 and the remainingamount of 272,333 would be derived from the issuance of SerialBondsor with availablefunds from Capital Reserve#16 Water Sources Development. BACK-UP ITEM 9.5 OBG (There'sa way March 10,2016 Mr.Erik Whitney,P.E. Assistant Superintendent City of Ithaca Department of Public Works 510 First Street Ithaca,NY 14850 RE: Water Supply Project-Status Report FILE: 1598/49288 Dear Erik: This letter serves to provide an update on thestatus of theWater Supply Project. We have preparedthis project status report to document project progress,communicatebudget status and provide an update to our proposed project budget compliance strategy. CURRENT PROJECT ACTIVITIES The following is a summary of the major activities as of March 7,2016. The design of all the project elements is essentiallycomplete. The only pending design item is resolution of comments received from the New York State Department of Health(NYSDOH)on Contract No. 1 Sixty-Foot Reservoir and Dam Improvements.The Permit for work within theSixty-Foot Reservoir was received from the New York State Department ofEnvironmental Conservation(NYSDEC)on February 11,2016. With the receipt of the permit conditionsfrom the NYSDEC,we can now incorporate the permit conditions and resolve remaining comments from the NYSDOH.We will update the contract documents and advertise for construction thisspring. Limited active construction associated with site preparations is anticipated in 2016. The construction of the water treatment plant is progressing well.The pretreatment facilities have been in service since last summer and the commissioning of the first two membranes was completed on February 15, 2016. Treated water from the new processes is now being delivered through the rehabilitated 1929 clearwell to the City customers in the gravity zone.At the time of our last report in June of 2015,the construction completion date was projected to be November 2016. Since thattime,delays have been encountered associated with establishing temporary chemical installations in heatedenclosures, coordination of the start-up,testing,regulatory approvals associated with the commissioning of the completed membrane systems and preparations for the demolition of the existing facilities. The projected completion date is now December 19,2016. All parties havebeen working diligently and in a cooperative manner to minimize the cost impact of the delays,but the extendedschedule will impact our budget. Note, the original construction budget was to cover 27 months of inspection,based on the revised contractors schedule a total of 42 months inspection will be required. 333 West Washington Street,PO Box 4873 p 315-956-6100 OBG Syracuse,NY 13221-4873 f315-463-7554 www.obg.com The NYSDEC Protection of Waters Permit for work within theSixty-Foot Reservoir was received much later than anticipated and includes restrictions for when work canbe performed within the reservoir. Consequently,it is clear that most of the construction will not be completed concurrently with the water treatment plant,as originally planned.The budget update included inthis report is based on the assumption that constructionsupport after completionof the water treatment plant will be accounted for in a separate budget,under development for the upgrade or de-commissioning of the City's four dams on Six-Mile Creek. Control System Integration-The design of the Process Control Panels has paralleled the design of instrumentation and control system for the water treatment plant,the wide area communication network and the design of the membrane control panels by Pall. The five scheduled process control panels havebeen designed,manufactured and tested.Four are in operation. The construction of the water treatment plant has provided an opportunity tocomplete a detailed inspection of the 1903 clearwell.This inspection revealed deteriorated concrete and new information on the original construction.Based on thisnew information,we recommend that the City perform a complete reconstruction of theclearwell storage tank,rather than the intended lining of the existing tank.The proposed tank,would be constructed inside the existing buried 500,000 gallon tank using cast-in-place concrete,with a membrane roof and fitted with new interior baffles,a new overflow,access hatches and vent. EARNED VALUE ANALYSIS The attached earned value analysis includes a task breakdown of the budget for professional services and our assessment of the percentcomplete for each task.Our invoices for professional servicesto date total$4,666,193 period ending 2/6/16).Considering unbilled costs and projectedcommitments to subcontractors,ourtotal expenditures to date are approximately$4,770,152.Our current authorization totals$4,750,000 which includes authorizations for Control System Integration and engineering assessment of theSixty-Foot Dam described in our July 11,2014 letter.This authorization does not include theseparate authorization for the Sixty-Foot dam safety upgrades. Based on the above analysiswe are currently over the present authorization. As previously indicated,the budget needs are very closely linked to the contractors'construction schedules and timing of regulatory approvals. As noted above,the contractors currently project a construction completion date of December 2016.The project has advanced to the point where the level of office support and field inspection services have stabilized and are limited to inspection,responsesto requests for information and assistance with change management.Additional budget,as indicated in our June 2015 project summary,to support ongoing inspection and office support during thecontractors'extended schedule,will be required. Also,additional efforts havebeen expended regarding the Control System Integration to address temporary systems,flow metering,and coordination of the wide-area-network with the City's IT department. We have updated the overall estimated project budget as shown below,to illustrate how the impactof the project delays and developments,based on the ongoing need to support the project for ten months(from period ending 2/6/16 to projectcompletion of 12/31/16),at same rate as has been required for the lastfewmonths, approximately$60,000.The projected budgetshown below also includes the$50,000 for the design and office based engineering support during the construction of the replacement clearwell. This clearwell is anticipated to be designed and constructed concurrently with the completion of the water treatment planttomitigate inspection and construction costs. The funding for the new clearwell could be achieved by either re-purposing funds originally intended for the Sixty-Foot Dam rehabilitation or a budget amendment of$1,250,000. OBG I THERE'S A WAY 2016. ALL RIGHTS RESERVED 1 2 March 10,2016 Syrna0l\projects\Ithaca-C.1598\49288.Water-Supply- Pr\Corres\Ithaca\ProtectStatus Report_March 2016.docx PROJECT BUDGET UPDATE Based on the above discussion,an updated project budget is shown inthe following table. This analysis reflects the current authorization,as well as the requested engineering fee increase. Bids have been received for 90%of the projected construction costs and approximately 58%of the work is complete.Based on these percentages and the contractors'projection of a December 2016 construction completion date,we feelthese budget estimates are appropriate. In summary,basedon the current project status,we are confidentthat the$36,369,969 authorized for this project is sufficient to complete the project as originally planned.The budget projections are based onan increased budget authorization of$1,250,000 to provide sufficient funds to construct a replacement tank for the 1903 clearwell. Description Authorization Projected Budget Sixty-Foot Dam and Reservoir Improvements* 3,000,000 3,000,000 Water System Improvements 1,929,207 1,929,207 Giles St.and Interconnection Building 4,462,917 4,462,917 Water Treatment Plant Construction 17,577,209 17,577,209 Membrane Equipment Purchase 3,122,969 3,122,969 Subtotal Original Project 30,092,302 30,092,302 Construct NewClearwell Storage Tank 1,200,000 Contingency 1,527,667 927,667 Total Estimated Construction Cost 31,619,969 32,171,086 Professional Services Engineering 4,250,000 4,715,000 Control System Integration 500,000 685,000 Total Estimated Project Cost 36,369,969 37,619,969 Estimated cost reflecting splitting the dredging,cofferdam and low level outlet costs with dam rehabilitation project. OBG THERE'S A WAY 2016. ALL RIGHTS RESERVED 1 3 March 10,2016 Syrna0l\projects\Ithaca-C.1598\49288 Water-Supply- Pr\Corres\Ithaca\Project Status ReportMarch 2016.docx SUMMARY We are confident that the original project scope, excluding the construction phase support forrehabilitation of the Sixty-Foot Dam can be completed within the original budget.We project the replacement of the 1903 clearwell can be completed if the budget is increased to$37,619,969. We recommendestablishing a separate project budget for the dam rehabilitation work thatwould include construction supportafter completion of the water treatment plant. Very truly yours, O'BRIEN&GERE ENGINEERS,INC. Richard E.Gell,P.E. SeniorManaging Engineer cc: Michael Thorne Robert C.Ganley,P.E. Syrna0l\projects\Ithaca-C.1598\49288.Water-Supply-Pr\Corres\Ithaca\Project Status Report_March 2016.docx OBG I THERE'S A WAY J 2016. ALLRIGHTS RESERVED 1 4 March 10,2016 Syrna0l\projects\Ithaca-C.1598\49288.Water-Supply- Pr\Corres\Ithaca\Project Status Report_March 2016.docx L C m C O m a o v m E mgNE n N O O U M M E O 0 m N N C O O O dUcm5EmoNO > U c t U C m d U y U CO d d N a U U U Eomd Nmm m . ao m U n m 0 C d Np > 8 EEa E o > C V E(O O N IUO UO Q M m° if CAN m r m o m m Hodmmmd g m m m d m m m n E m°m w n as p rrnEEEEEccccc m y } c UmOoooo000mLm r UUU U U U U U`o p a 0 Z O a m w m n d m o o 0o ao d d m o o m N O O A M M O A tp O d ll CO O dONATdNthANA0Ie7WaDdOOOO A M O W M O W O O Q mO CL H w Hww H H N H H H H H H H M H wH H m d° eeeeeeee eeeeeeeeee Ud pa m a m O mm ndmm mm m mdMNO n m ` m O r r N i an d u1 CO m N d O a j m 00 0 0 m N N m M m O N d O d NOO r U HHw H H H H Hww w H H w H H H H H CL O N Q d r m O d N r c o. mNLOFU H H H H H mdM m o 0 O OAM O I Min coM ndM o 0 0 CO 0 7 V m i0 U N N m m M O O co m 0 N N m OO c lo O IN N d HHHHHHH a HHHHHHHwHH H m O 0 O 0 O m N Q O M o O O O N O O o m M m'O O O O O O O Om O OA000000 D v v mw Of HHHHHHww HHHHHHHwHw ww 00 o M o u)o o N 00000 00 00 o 0 o mm r o M o rn 0 0 o rn o d r o A M o M m M m M.n r A 0 0 o M 00 0 0 o rn 0 o r r nmv rr A o 0 cm Ol D C G d V rm N w C N 7 V C N a y m m 7 o yE C m c d U C c cg' v) o m o m aci c y ami yy m c 1O m 2 may E ca aEi m E 3 CL d _ op0r N O m mm O m> m a o m E O E Em ooa o V7 C N CU) L m w c 2 m 0 n m O c 0 a m>a c E mm o u a m t a ii D a m m ami c E Z m U m, mmn D Q c o p c o m w m m d N o o m no a m E E L a mo N y N E m m m Z m p 2 d N w nmma mm dd L m 3 m L O(n H m N m Q1 U N O C Q O Z Y fn J mo.yrn y EwL m EEm mpUOw U m LLoi momm EaNi m D- 8 yd2yaU cE8 `m=, ow ow(0) " mOw(7 mw OT w y 0(D G C 4 X m m w o a O o m m w 0 o m o o x L oL in3c9=omo c)o o3(n_op °' w 3 i myZA O y mm p N t"1 Q O m 0 N M d 00 O-t O 0 0000000 00000 0 0 00NOmFNMM(+)Md Nmmm I m O c 3a`a I I I I I z 9.6 DPW - Request for Funding for Engineering Services Agreement for Mechanical Thickening, Grit Removal and Administration Building Improvements Design Study - Resolution WHEREAS, the Ithaca Area Wastewater Treatment Plant requiresconstant upgrading to meet therigorous water quality and clean energystandardsembodied in its long range planning goals; and WHEREAS, upon reviewofthe findings from the March 2016, Primary Treatment and Anaerobic Digester Improvements Feasibility Study; and WHEREAS, results of said study and past long-term planning studies supplied staff with information leading to the conclusionthat thenext phase of improvements shouldinclude mechanicalthickening oforganic solids prior to anaerobic digestion, replacing existinggritremoval technology and improving the administration building, and WHEREAS, GHD Engineers has submitted a proposal for performing the design study for an amount not to exceed $159,000; and WHEREAS, the funding supplied by thisresolution will be placed in accounts for CapitalProject 420J; and WHEREAS, the Special JointSubcommittee approved the design studyat its April 13, 2016, regular meeting; now, therefore be it RESOLVED, That CommonCouncil hereby amendsCapitalProject#420J Enhanced Primary Treatment Improvements by an amount not to exceed $159,000 for a total project authorization of$287,650; and, be it further RESOLVED, That the CommonCouncil hereby recommends an amount not to exceed $159,000to fundthe proposed agreement with GHD Engineers set to expire December 31, 2016, authorizing funds from CapitalReserve Account J1 or by issuingSerial Bonds; and, be it further RESOLVED, That Common Councilhereby recommends this CP #420J amendment be contingent upon approval by all wastewater partners and their respective attorneys committing their percentage ofreimbursement shares tothe JointActivity Fund allocatedper the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 90,852.60 Town of Ithaca 40.88 64,999.20 Town of Dryden 1.98 3,148.20 159,000.00 BACK-UP ITEM 9.6 ITHACA AREA WASTEWATERTREATMENT FACILITY TOWN OF ITHACACITY OF ITHACA TOWN OF DRYDEN, OWNERS 525 THIRD STREET ITHACA, NEW YORK 14850 607)273-8381 FAX (607)273-8433 April, 14, 2016 To: City of Ithaca, Town of Ithaca and Town of Dryden Councilors From- Dan Ramer, Chief Operator Ithaca Area WWTF Subject:Support Memo for GHD Contract Approval Process At the April 13, 2016 SJCmeeting a resolutionwas approved recommendingthat the municipalowners fund a detailed engineering study to evaluate improvements to three portions of the treatment system and facilities. I have providedrationale for why we have prioritizedthe three areas. Thedesign document and associated construction estimates willthen be used to informthe SJC and associatedlegislative bodies and help determine what improvements we want to bid and seekfunding for. Three Improvements 1. Administration Building Need Statement: The administration building has becomeinadequate with respect to laboratory needs, employee officespace, employee bathroom and locker room space, security, trucked waste receiving log in and meeting and training space. In addition, the windows and skylights require significant heating and cooling energy during all seasons. The roof is thirty years old and needs to be replaced. 2. Mechanical thickening of biosolids Need Statement: The current practice of gravity thickening is inefficient and subject to seasonal variation due to biological activitythwarting the gravitysettling of the solids. The energy requirements for heating the solids prior to anaerobic digestion can be reduced by 50% (currently oneof the deficiencies thatJohnson Controls is trying to improve as part of their obligation for energy performance). The use of thesesolids to generate energy in the digesterswould be greatly enhanced by doubling to tripling their density prior to pumping to the anaerobic digesters. There are many ancillarybenefits to proceeding along these lines. The atmosphere within the thickeners is hazardous and uncontrolled making ita daily risk for employees The state of the scrapermechanisms and associated steel structures are deteriorating as a result of the moist atmosphere and will require significant investment sooner rather than later. We have built a large part of our infrastructure to enhance the acceptanceof high strength organicmatter to produce biogas. Mechanically thickeningourbiosolids and other thinsolid waste will increase our biogasproduction and increase our capacity to accept more waste. Current revenue from our truckedwaste is around 300k and current electricity production is worth $143,000 per year. Increases to both of these have real value to the rate payers and community. Mechanically thickening solids will result in doubling the solids concentration of solid feed to the digesters. The digester feed must be heated to100 degrees F for anaerobic digestion. Doublingthe solids content cuts the total feed rate in halfwhich alsocutsthe energy required for heating in half The greater detention timewithin the digesters as a result of the reduced volumes of materialpumped to the digesters benefits the dewatering of ourbiosolidsprior to disposal in several ways. Thicker solids being pumped to the dewatering equipment lowers the amount oftimewe have to run our dewatering equipment, produces a better qualitybiosolid product for potentialbeneficial reuse and lowersthe amountof loading sent back into the process from digester overflows. The improvements in the thickening will also allow us tomixboth digesters which will increase biogas production. 3. New Grit Removal Need Statement: Since the start up of this plant the cyclonedegritting of our primary settling tankresiduals has been inefficient.. The current processallows grit to accumulate in the long channels aheadofthe primary tanks which then need to be manuallycleaned. In additiongrit which is not removed settles in the anaerobic digesters. This reduces the capacity and efficiency of the digesters and creates requirement for digester cleaning. Removing digester from servicefor cleaning interrupts the process and reduces digester gas and energyproduction. The current practice also dumps the grit intothe same trailer as the biosolids. When we doneed to preparebiosolids for beneficial reuse we must separate thegritfrom the biosolids which is problematic. Putting in a newgrit removal system in the area where the now unused lime silo and lime slaking equipment reside would greatlyimprovegritremoval efficiency and allow thegrit to be disposed of separately. The quality of the gritfordisposalwould also be greatly improved and potentially reduce odors. BACK-UP ITEM 9.6 AGREEMENT AMONG CITY OF ITHACA, TOWN OF ITHACA AND TOWN OF DRYDEN AND GHD CONSULTING SERVICES INC. THIS AGREEMENT is made this day of April, 2016 among the CITY OF ITHACA, a municipal corporation with offices at 108 East Green Street, Ithaca, New York 14850, the TOWN OF ITHACA, a municipal corporation with offices at 215 N. Tioga St., Ithaca, New York 14850, the TOWN OF DRYDEN, with offices at 93 East Main Street, Dryden, New York 13053 (hereinafter collectively referred to as the "Municipal Owners"), and GHD CONSULTING SERVICES INC., a New York corporation with offices atOne Remington Park Drive, Cazenovia, New York 13035 (hereinafter referred to asthe "Contractor"). WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWTF) is owned and operated by theMunicipal Owners, with oversight provided through a Special Joint Committee ("SJC") composed ofrepresentatives from the three Municipal Owners; and WHEREAS, Contractor completed an engineering studydated March 2016 to evaluate alternatives and provide recommendations for Primary Treatment and Anaerobic Digestion Improvements the IAWTF; and WHEREAS, on April 13, 2016, the SJC recommended approval of the March 2016 engineering report and recommendedapproval of a professional servicescontract with Contractor to perform the preliminary designphase of the recommended improvements at a costnot to exceed $159,000.00, contingent on approval by theMunicipal Owners and attorneys. NOW, THEREFORE, theMunicipal Owners and Contractor agree as follows.. 1. Services to be Performed. Contractoragrees to perform the services described in Schedule A, which is attached hereto and made a part hereof, pursuant to the scheduledescribed in Schedule A. 2. Fees. The Contractor shall be paid a fixed amount of One Hundred Fifty-Nine Thousand Dollars and No Cents ($159,000.00) for servicesprovided, including all travel, time and expenses associated withproviding theseservices to the Municipal Owners. Payments will be made in accordance withthe procedures in Section 5 below. 1 3. Term of Agreement. The termof this Agreement shall be from April _, 2016 to December 31, 2016 unless earlier terminated by theMunicipal Owners or Contractor. Notwithstanding the term set forthabove, this Agreement may be terminated by theMunicipalOwnersor Contractor at any time without cause upon seven (7) days prior written notice to the other party, in whichcase the Contractor shall bepaid pro rata for the satisfactoryworkperformed to the date of termination. This Agreement may be terminated immediately by theMunicipal Ownersor Contractor upon the breach of any of its terms by the other party. Termination shall be effected by the breaching party's receipt of a written notice of termination setting forth the manner in which the party is in default. In the event ofMunicipal Owners' termination for Contractor's default, the Contractor will be paid only for services performed in accordance with this Agreement. If it is later determined by the MunicipalOwnersthat the Contractor had an excusable reason for not performing, such as a strike, fire, flood, or other eventswhich are not the fault of or are beyond the control ofContractor, the Municipal Owners may allow the Contractor to continue work, or treat the termination as a termination without cause. 4. Quality of Work. The work to be performed hereunder shall be of good workmanship and quality. If this Agreement is for the performance of services, the Contractor shall perform its services using that degree of skill and care ordinarilyexercised undersimilarconditions by experienced, qualified, competent and reputable professionals practicing in the same field in the sameor similar locality atthe time of performance. 5. Payment for Services. Requests for payments for services shall be submitted on the standard City of Ithaca voucher and will list theactivities or products, expenses, the dates on which performed, suppliedor incurred, and, if applicable, the time spent on each indicated date forwhich the Municipal Owners arebeing billed. The vouchers shall be submitted to the City on a monthly basis and shall be based upon the proportion of the fixed amount earned (the percentage of work satisfactorily completedthrough the date indicated on the voucher). Municipal Owners willpay for the services and/or products after they are reviewed and approved by theCity on behalfof the Municipal Owners in compliance with their statutory duties to audit claims for payment. In no event will the total payments to Contractor exceed the fixed amount stated in Section 2 above. 6. Relationship. The Contractor is, for all purposes (including, without limitation, withholdingof income tax and payment of FICAtaxes) an independent contractor and no employer-employee relationship is intended, implied or created by this Agreement. As an independentcontractor, the Contractor shall receive no fringe benefits from the Municipal Owners, including but notlimited to medical insurance, retirement benefits, workers' compensation, disability, unemployment insuranceor any otherbenefitsorremuneration other than thatset forth in Section 2 above. Contractor shall determine the times and manner of 2 performanceof any services fortheMunicipalOwners hereunder consistent with the overall obligations to complete the work contemplated by this Agreement. Contractor shall be free to devote such portions of its time not required for the performanceof services to the MunicipalOwners in such manner as Contractor sees fit and for such other persons, firms, orentities as Contractor deems advisable, provided that such other services do not constitute a conflict of interest with the interestsof the Municipal Owners. 7. Ownershipof Products ofService. All workproducts of any services to be performed hereunder shall be the property of the Municipal Owners, and the MunicipalOwners are vested with all rights therein, including the right touse, duplicate, distribute, share or sell such materials, without any further compensation of any nature to Consultant. If patentsor copyrights may be obtained with respect to such work, the Municipal Owners shall own same and have all rights to same without further compensation to the Consultant. The Consultant also retains the right to use the work products. 8. Insurance Requirements. A. Throughout the termof this Agreement, Contractor shall procure and maintain the insurance described in thisSection 8. B. Notwithstanding any terms, conditions or provisions in any other writing between the parties, Contractor hereby agrees to effectuate thenaming of the City of Ithaca, Town of Ithaca, Town of Dryden and Special Joint Committee as unrestricted additional insureds on Contractor's insurance policies, with the exception ofworkers' compensation and professional liability. C. The policies naming the City of Ithaca, Town of Ithaca, Town of Dryden and Special Joint Committee as additional insureds shall: Be an insurance policy from an A.M. Best rated "secured" (or better) New York State admittedinsurer. State thatthe Contractor's coverage shallbe primary coveragefor the City of Ithaca, Town of Ithaca, Town of Dryden, SpecialJointCommittee and their respective Boards, officers, employees, members, agents and volunteers. TheCity of Ithaca, Town of Ithaca, Town of Dryden and Special Joint Committee shall be listedas additional insureds by using endorsement CG 2010 or broader. The certificate must state thatthis endorsement is beingused. If anotherendorsement is used, a copy shall be included with the certificate of insurance. Be written on an occurrence basis. 3 D. The Contractor agrees to indemnify the Municipal Owners for any applicabledeductibles. E. Required Insurance: Commercial General Liability Insurance 1,000,000 per occurrence/$2,000,000 general and products/completed operations aggregates. The generalaggregate shall apply on a per- project basis. Automobile Liability 1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles. Workers' Compensation and N.Y.S. Disability Statutory Workers' Compensation, Employers' Liability and N.Y.S. Disability Benefits Insurance for all employees. Excess Liability 2,000,000 peroccurrence/$2,000,000 aggregate, withthe City of Ithaca, Town of Ithaca, Town of Dryden, and SpecialJoint Committee named as additional insureds. Professional Errors and Omissions Insurance 1,000,000 per occurrence/$2,000,000 aggregate for the professional acts of the Consultant performedunder this Agreement. F. Theinsurance producer must indicate whether or not it is an agent for the companies providingthe coverage. G. Contractor acknowledgesthat failure to obtain such insurance on behalf of theMunicipal Owners and SJC constitutes a materialbreach ofcontract and subjects it to liability for damages, indemnification andall other legal remedies available to the Municipal Owners. The Contractor is to provide the Municipal Owners with a certificateofinsurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the Municipal Owners to object to the contentsof the certificate orthe absence of same shall not be deemed a waiver of any and all rights held by the Municipal Owners. 4 H. TheTown of Ithaca and Townof Dryden are members/owners of the NY Municipal Insurance Reciprocal (NYMIR). The Contractor further acknowledges that the procurement of such insurance as required herein is intended to benefit not only theCity of Ithaca, Town of Ithaca, Town of Dryden and SJC, butalsothe NYMIR, as the Town of Ithaca's and TownofDryden's insurer. 9. Workers Compensation and DisabilityInsurance. Prior to execution of this Agreement, the Contractor shall present tothe MunicipalOwners proofeither that the Contractor provides thelevelsof workers' compensation and disability coverage required by the StateofNew York or that the Contractor is not required to provide such coverage. For reference purposes only an informationalsheet and sample forms from theNew York State Workers' Compensation Board are attached hereto in Schedule B. 10. Indemnity. The Contractor agrees to fully defend, indemnify and hold harmless the City of Ithaca, Town of Ithaca, Town of Dryden, SJC and their respective elected officials, public officers, Boards, employees, members and agents from and against all claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation reasonable attorney's fees and costs), whether ornot involving a thirdparty claim, which any or all ofthem may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contaminationof oradverseeffects on the environment, caused by the negligentor intentional wrongful acts oromissions of Contractor or Contractor's employees, agents or subcontractors, in connection with this Agreement. Tothe extent the MunicipalOwners are negligent, Contractor's duty to indemnify the Municipal Owners shall not extend tothe proportion of loss attributable to the Municipal Owners' negligence. For claimsthat fall within the scope of Contractor's professional liability insurance policy and no other insurance policy, Contractor's duty to defend shall be limited to the terms and conditions of Contractor's professional liability insurance policy (i.e., if Contractor's professionalliability insurance does not provide for third party defenseof such claims, Contractor shall not have theduty to defend Municipal Owners and the other entities listed above for such claims). 11. Nondiscrimination. The Contractor shall not discriminateagainst any employee, applicant for employment, sub-contractor, supplier of materials or services, or program participant because of actual or perceived: age, creed, color, disability, ethnicity, familial status, gender, height, immigration or citizenship status, marital status, nationalorigin, race, religion, sexual orientation, socio-economic status, or weight. 5 12. Contractor May Not Assign. This Agreement may not be assigned by the Contractor without the previous written consent to such assignment fromthe MunicipalOwners, which consent may be withheldentirely at the discretion ofthe Municipal Owners, it being understoodthat the Municipal Owners are making this Agreement personally with the Contractor and are not intending that it be performed by any other person or entity. 13. Binding Nature of Agreement. This Agreement is binding upon the parties, their respective representatives and successors and, when assignment is permitted, assigns. 14. Governing Law, Jurisdiction, and Enforcement. This Agreement is made in New York, and shall be construedunder the laws of the Stateof New York without regard to, orthe applicationof, New York State's choice of law provisions. Theparties consentthat if any action is brought to enforce this Agreement, it shall be brought only in an appropriate Court in TompkinsCounty, New York, and the parties consent tothe jurisdictionof such court. 15. Notices. Any noticesor othercommunications given under or in relation to this Agreement shall be deemed duly given if served personallyor by commercialcourier service uponthe other parties at the addresses set forth above, or if mailed by certified mail to the other parties atthe addresses set forth above, return receiptrequested. All notices shall be effective on a partyuponthe dateof receipt. Anyparty may change the address to whichnotices are sent by giving notice of such change in the manner set forth above to the other parties. 16. Entire Agreement. This Agreement constitutes the entire agreement among theparties and supersedes anyand all prior written or oral agreements, negotiationsor understandings, existingamong the parties. This Agreement may be amended only by writteninstrument signed by each party. 17. Survival. The rights and obligationsof the respective parties under Section 10 (Indemnity), Section 13 (Binding Nature of Agreement), Section 14 Governing Law, Jurisdiction, and Enforcement), and Section 18 (Claims and Disputes Arbitration) shall survive the expiration or termination (for anyreason) of this Agreement and remain in full force and effect. 18. Claims and Disputes Arbitration. The Municipal Owners may elect to subject disputes arising out of this Agreement to resolution by mediationor arbitration or litigation. This election can be made at any time up until sixty (60) days after theclaim ordispute arises in writing. If the MunicipalOwners do not make an election, the dispute shall be subject only to litigation. Unless otherwise agreed by the parties atthe time of such election, the rules governing mediation orarbitration invoked by theMunicipalOwners shall be the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration 6 Association. Contractor hereby waives the right to elect themethodof dispute resolution and agrees that this waiver is supported by sufficient and appropriate consideration. 19. Severability. If any provisionof this Agreement is deemed to be invalid orinoperativefor any reason, that part may be modified by the parties to the extent necessary to make it valid and operative, or if it cannot be so modified, then it shall be deemed severed, and the remainder of this Agreement shall continue in full force and effect as if this Agreement had been signedwiththe invalid portion so modified oreliminated. IN WITNESSWHEREOF, the parties have executed this Agreement as of the day and year writtenbelow. CITY OF ITHACA By: Date: Svante L. Myrick Mayor TOWN OF ITHACA By: Date: Bill Goodman Supervisor 7 TOWN OF DRYDEN By: Date: Jason Leifer Supervisor By: Date: Linda Lavine Councilperson By: Date: Dan Lamb Councilperson By: Date: Greg Sloan Councilperson By: Date: Deborah Cipolla-Dennis. Councilperson GHD CONSULTINGSERVICES INC. By: Date: Bruce G. Munn, P.E. Principal-Wastewater s Schedule A SCOPE OF SERVICES GHD and Municipal Owners agree that the scope of services for this project consistsof the engineering services described herein. The scope of work forthis projectincludesPreliminary Design Phase engineeringservices, including preparation of a basis of Design Engineering Report for anaerobicdigester system improvements and miscellaneousmodifications to the Ithaca Area Wastewater Treatment Facility (IAWWTF). The project includes the goals summarized as follows and as described in the Primary Treatment and Anaerobic Digestion System Improvements Feasibility Study, February, 2016. Expansion of the Administration Building to include expanded laboratory and administrative offices Conversionofexisting secondary digester to a heated (and mixed) primary digester Addition ofmechanical thickening of digester feed Installationof vortex grit removal of influent wastewater GHD will complete the Preliminary Designand preparation of Basis of Design of the Anaerobic Digester Improvements and MiscellaneousModifications to the IAWWTF, as describedbelow: 1. Task 1 - Kick-Off Meeting. GHD will conduct a kick-offmeeting with theMunicipalOwnersto review the projectgoals, scope, critical successfactors, schedule, team roles and responsibilities. During the meeting, GHD and MunicipalOwners' representatives will review goals, spatialneeds and conceptual ideas for Administration Building expansion, mechanical thickening and grit removal systems. Meeting minutes will be prepared and distributed. 2. Task 2 - Administration Building Expansion. GHDwill work with MunicipalOwners' representatives to develop conceptual layouts for an expansion of the existing Administration Building. The building expansion will incorporate larger andmore functionalspace for the Laboratory, Control Room, Conference/Meeting Room, Employee Lunch Room, Locker Rooms, Administrative Office and Offices for key staff. Subtasks willinclude: a. Development of preliminary layout concepts followingkick-off meeting. b. Meetingwith MunicipalOwners' representatives to review conceptual layout. c. Reviselayoutbased upon commentsreceived d. Develop proposed floor plans and building elevationviews. e. Develop conceptualmodifications to heating and ventilation, electrical and plumbing. f. Prepareestimated construction cost for proposedbuilding modifications. g. Prepare a Basis of Design memorandum for Administration Building expansion. C\Users\dredsickWppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX 9 GHD Consulting Services Inc.One Remington Park Drive Cazenovia NY 13035 USA T 315 679 5800 F 315 679 5801 E cazmail 4and.com W www.ohd.com 3. Task 3-Mechanical Thickening of Digester Feed. a. Potential mechanical thickening alternatives includescrew press, rotary drum thickener and gravity deck thickener. GHD will review the technologies with theMunicipal Owners' representative and select the technology bestsuited to this application consideringcost, similar applications, space requirements and ability topilot test. b. Assist Municipal Owners with coordinating pilot testingselected technologies forthickening digester feed. Pilot testing will be performed by equipmentmanufacturer's representatives. Pilot testing will only be performed by the manufacturers who are willing to complete testing at no cost to the Municipal Owners. c. Evaluate potential locations for mechanical thickening equipment includingwithin existing building space and within a new building. d. Evaluate sludge feed and thickened sludge pumping and piping requirements. e. Prepare a summary Basis of Design and estimatedconstruction cost. 4. Task 4-AnaerobicDigester Modifications. a. Evaluate digester heating requirements andrequired modifications for conversion of existing secondarydigester to a heated primarydigester including sludgefeed, withdrawal and heating. Heating requirements will be developed for both mechanicallythickeneddigester feed and existing method of gravitythickening digester feed. b. Prepare a summary Basisof Design and estimated construction cost for digester modifications. 5. Task 5-Grit Removal Evaluation. a. GHD willevaluate the addition of vortex grit removal technology for raw wastewater. Evaluation will include the Eutek HeadCell as manufactured by HydroInternational. Evaluation will consider a review and summary of procurements options. b. Evaluate location options for gritremoval system with MunicipalOwners' representative. A proposed site plan and building plan layout will be developed based upon theselected location. c. Evaluate pumping and piping requirementsfor installationof thegrit removal system. d. Prepare a summary Basis of Design and estimatedconstruction costfor the grit removal system C\Users\dredsick\AppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX 10 6. Task 6 - Review Meetings. GHD will conducttwo review meetings with the Owner to review the evaluation, development and selection of finaldesign details and recommendations. Review Meeting No. 1 will be held to reviewthe selection of alternativemanufacturers to be considered and the development of alternative layouts for Task 3 - Mechanical Thickening Improvements and Task 4 - Grit Removal Improvements. Review Meeting No. 2 willbe held tofinalize selection of recommended layouts and improvements for Task 3 - Mechanical Thickening Improvements and Task 4-GritRemoval Improvements prior to submission of the Draft Preliminary Design Report. 7. Task 7- Preliminary Design Report. a. GHD willprepare a draft Preliminary DesignReport summarizing the evaluation of alternatives, findings of investigations and recommendations. Estimatesofprobable constructioncost will be provided for alternatives and recommendedimprovements. Site plan layouts and schematic diagrams will be provided for alternatives and recommended improvements. A proposed constructionschedule will be included. b. GHD will meet withthe Owner to review the draft report and receive comments. Meeting minutes will be prepared and distributed. The final report will be prepared upon receipt of final comments from the Owner. Fourprinted copies of the report and electronic PDF file of the final report will be provided. SPECIFIC EXCLUSIONS This contract is for the Preliminary Designphase of the project only and does not include preparation of final design construction contractdocuments. Effort for subsequent phases will be authorized in writing by the Owner separately. SCHEDULE GHD is prepared to startthe work immediately after signed authorization of the engineering agreement and shall complete the taskdescribed in the following schedule: Task Days After Authorization Task 1 - Kick-off Meeting 10 days Task 2 -Administration BuildingExpansion Meeting to Review Alternative Layouts 30 days Basis of Design Memorandum 60 days Task 3-Mechanical Thickening of Digester Feed Completion of Manufacturer Pilot Testing 120 days(') Task 6- ReviewMeeting Review Meeting-Conceptual Development 40 days Review Meeting—Alternative Selections 80 days Task 7- Preliminary Design Report DraftReport 150 days Review Meeting 160 days Final Report 14 days after receipt of comments C\Users\dredsick\AppData\Local\Temp\Ithaca(C)-Preliminary Design Phase-BGM-1 DOCX 1) Test duration is subject to availability of pilot test equipment. PROJECT FEES GHD proposes to complete the servicesdescribed above on a lump sum basis as summarized below. The project will be billed monthly based on physical percentcomplete for each task. Task Cost Task 1 - Kick-off Meeting 5,200 Task 2-Administration Building Expansion 35,300 Task 3-Anaerobic Digester Modifications 18,010 Task 4-Mechanical Thickening of Digester Feed 43,850 Task 5-Grit Removal Evaluation 34,190 Task 6-ReviewMeetings 8,100 Task 7-Preliminary Design Report 14,350 Not-To-Exceed Amount 159,000 C.\Users\dredsick\AppData\Local\Temp\Ithaca(C)-Preliminary DesignPhase-BGM-1 DOCX 12 9.7 IFD -Approval of Staffing for Adequate Fire and Emergency Response SAFER) Grant - Resolution WHEREAS, the U.S. Federal Emergency ManagementAgency (FEMA) offers and awards annual grant funding directly to professional and volunteer fire departments to ensure they have adequatepersonnel and equipment to respond to and safely performat incident scenes and provideprotection from fire andfire-related hazards for their communities; and WHEREAS, the Ithaca Fire Department is eligiblefor and has submitted an application forfundingassistance under theStaffing for Adequate Fire and EmergencyResponse (SAFER) program to fund the salaries and benefitsfortwo yearsassociated with the filling of(4) firefighter positionsthat were eliminated through attrition as part of the 2011, 2012, and 2013 fiscal year City Budgets; and WHEREAS, as a resultof said request, the US FEMA SAFER program requests a letterof commitment from the City's governing body agreeing with the terms and conditions of the SAFER grant program, should an award be made; now, therefore be it RESOLVED, That the Mayor is authorized to submit a letter ofcommitment to US FEMAoutlining a clear understanding of the terms and conditions of a FY 2016 SAFER grant. BACK-UP ITEM 9.7 Et CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272.1234 Fax: 607/272-2793 Memo To: Common Council From:Tom Parsons, Fire Chief Date: April 8, 2016 Re: SAFER Grant Resolution The Federal Emergency ManagementAgency(FEMA) awards grants on annually to support various fire and emergency services programs. FEMA offersthreedifferentgrant programs. The first grant program is called the Assistance to Firefighter(AFG) Program, which is used to fund equipment and facilities for fire and emergencyoperations.The Cityof Ithaca wasawarded, in previous years, grants for equipment and other critical resources usedto operate the fire department. In thepast, we have received AFG grants for SelfContainedBreathing Apparatus, Radio Communications Equipment, and Physical Fitness Equipment. This year, I submitted an application the FEMA Assistance to Firefighting Grant(AFG) Program for the purchase of a new breathing air compressor. If awarded, the grant would pay 90% of a$60,000 Compressor. We are still waiting to hear if we will be awarded a grant for this piece of equipment. Thesecondgrant program is the Fire Prevention and Safety(FP&S) Program, which providesfunding for Fireand Emergency SafetyTrainingResources. TheIthaca Fire Department hasnot submitted a grant application for this program in the past although there maybe some needs in thefuturethat this grant may be useful for the department to consider. The third grant program is the Staffing for Adequate Fire and Emergency Response(SAFER) Program. SAFER grants are provided to fire departments to fund either the hiring of careerfirefighters for up to a two-year period; orto recruit, train, and outfitnew volunteer firefightersfor up to a four-year term. Since Ithaca has a combination of volunteer and career firefighters, it is eligible to apply for both granttypes. In March, I submitted two grant applications to FEMA for theStaffing for Adequate Fire and Emergency Response (SAFER) Program. The first grant application requests funding to recruit, train, equip, and retain volunteer firefighters. If awarded,the grant would cover thecosts, over a four-year term, associated withadding up to 20 volunteer firefighters to the department's roster. Thesecond grant Page 1 of 2 Fire Department—SAFER Grant Resolution April 81h, 2016 application is requesting funding to hire four(4) career firefighters to fill four ofthe six positionsthat have not been fundedsince 2013. The SAFER grant, if awarded, would fund the salaries andbenefits for the four firefighters added to the roster over a two year period. If the grant is awarded underthe Hiring of Firefighters Category, it would requiretheCitytomaintainfire department staffings levels and incur no layoffs of firefighters duringthe performance period of thegrant. After the two-year performance period, the positions could be retained and funded by the City, orthe positions can be unfunded. There would also bean opportunity to reapply and extend the funding under the SAFERprogram, assuming it is still supported at the Federal Level. Forthe-grant application to be considered by FEMA, it is required to have a letter from the governing body stating their commitment to fulfilling the requirements of the grant. The accompanying resolution, if approved, would authorize theMayorto send a letter to FEMA agreeing to the conditions of the grant if the City is so awarded. I am requesting consideration and approval for the accompanying resolution. The Ithaca Fire Department is need of more staffing to provide adequate service tothe Cityand Town of Ithaca. I believe the two- pronged approach for seeking outside funding for both career and volunteer firefighters is a plan that could meet the staffingneeds of our fire department while atthe sametimelimiting the impact on the City Budget for atleastthe nexttwoyears. It is my hope thatonce the City isin a betterfinancialcondition, the additionalcareer firefighter positionswould continue to be funded by the City. Thank you forconsideration ofmy request. Page 2 of 2 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 Resolution to Select Artwork for a Mural Installation on the Water& Sewer Workshop WHEREAS, the City of Ithaca Public Art Commission (PAC) was established to, among other duties, review and advise the Common Council on proposals for the exhibition and display ofpublic art in the City's publicspaces; and WHEREAS, Plan Ithaca, theCity's comprehensive plan, identifies public artas an important cultural resource that contributes to quality of life and economic vitality and calls for the City's continued supportof public art (see Cultural Resources); and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within thecity, while providing local artists from all sections of the community an opportunity to showcasetheir work; and WHEREAS, the Board ofPublic Works approvedseverallocations forfuture murals and street art, including the Department ofPublic Works facilities on First Street, by resolution on May 19, 2010; and WHEREAS, Danielle Hodgins has submit her proposal for a mural titled "Beyondthe Dust" to be installed on the Route 13- facing fagade of the Water & Sewer workshop on First Street, as part of the PAC's Mural and Street Art Program; and WHEREAS, the PAC held a public comment period on the mural design and location at its meeting on March 23, 2016 to gather input on the proposedinstallation, andall of the responses to the proposal havebeen positive; and WHEREAS, the mural will be fundedthrough the Community ArtsPartnership's Public Art Grant, and the installation will be budget-neutral to the City; and WHEREAS, atits meeting on March 23, 2016, the Public Art Commission voted to recommendthat the Common Council select Danielle Hodgins's mural to be installed on the Water & Sewer workshop; now, therefore, be it RESOLVED, That theCity of Ithaca Common Council selects Danielle Hodgins's mural "Beyondthe Dust," as recommended by the Public ArtCommission, to be installed on the Route 13-facing fagade of the Water & Sewer workshop on First Street and to be added to the City of Ithaca's public art collection; and be it further RESOLVED, Thattheselected artist may proceed with the installation of the mural upon the execution of an agreement with the City as reviewed by the City Attorney. “B E Y O N D T H E D U S T ” b y D a n i e l l e H o d g i n s PR O J E C T I D E A It h a c a i s d i v e r s i t y . I t h a c a i s l o c a l p r o d u c ts a n d s m a l l s h o p s . I t h a c a i s u n i q u e f o o d s . It h a c a i s o p p o r t u n i t y . I t h a c a i s g r e e n - sp a c e . I t h a c a i s a r t s a n d c u l t u r e . I t h a c a i s s c i e n c e a n d t e c h n o l o g y . I t h a c a i s , o f c o u r se , G o r g e s . A n d m o s t o f a l l , I t h a c a i s vi b r a n t c o m m u n i t y . A s a C o r n e l l U n i v e r si t y G r a d u a t e a n d U p s t a t e N e w Y o r k n a t i v e, I a m e x c i t e d a b o u t t h e c h a n c e t o re p r e s e n t w h a t ‘ I t h a c a i s ’ t h r ou g h p u b l i c a r t i n s t a l l a t i o n . I a m d e l i g h t e d a b o u t t he o p p o r t u n i t y t o v i s u a l l y b r i g h t e n t h i s c u l t urally sp i r i t e d c o m m u n i t y . I p r o p o s e a p u b l ic m u r a l t h a t l i v e n s u p t h e d e pr e s s i n g l y d r a b n o r t h w e s t f a c i n g w a l l o f t h e I t h a c a P u b l i c Wo r k s B u i l d i n g , a l o n g R o u t e 1 3 . I w o u l d l i k e t o l i n k t h i s p u b l i c p i e c e t o t h e n e a r b y S c i e n c e c en t e r , a n d g i v e a n o d t o t h e ac a d e m i c r e s e a r c h a n d t h e m u l t i p l e e d u c a t io n a l i n s t i t u t i o n s i n t h e I t h a c a a r e a . My d e s i g n i d e a i s a b s t r a c t i n a p p e a r a n c e , co n n e c t i n g n a t u r a l f o r m s , w i t h g e o m e t r i c s h a p e s , w i t h a m o r p h o u s , p a i n t e r l y te x t u r e ( p l e a s e s e e i m a g e f o l d e r ) . T h i s l i n e a r d e s i g n r e p r e s e n t s a l i n k b e t w e e n s c i en c e & t e c h n o l o g y , n a t u r e , a n d t h e g r e a t be y o n d . T h e a b s t r a c t d e s i g n c o m p l i m en t s t h e p r e c a r i o u s , w i n d o w e d w a l l a n d t e l l s a co l o r f u l s t o r y o f t h e r e l a t i o n s h i p b e t w e e n na t u r e , m a n , t i m e , a n d s p a c e . Th e d e s i g n t a k e s a l o o k a t t h e l a r g e r p i c t u r e o f c o m m u n i t y a n d v i s u a l l y d e p i c t s t h e n a t u r a l cy c l e s o f t i m e a n d l i f e . M y a r t i s t i c s t y l e ut i l i z e s a v i b r a n t a r r a y o f c o l o r s c o n t r a st e d w i t h m o n o c h r o m a t i c e l e m e n t s . I n t h i s pi e c e , j e w e l t o n e d a n d b o l d c o l o r s w i l l c o n n e c t w i t h b l a c k a n d w h i t e li n e a r e l e m e n t s . I h a v e a b r i s k , w a t e r c o l o r - l i k e a e s t h e t i c an d p l a n t o b r i n g t h i s i n t o t h e b r us h s t y l e o f t h e m u r a l p i e c e . 10.2 Resolutionto New York State Concerning Property Taxes on Resale Restricted Homes WHEREAS, there is a demonstrable and critical shortage ofaffordable housing within theCity of Ithaca and Tompkins County; and WHEREAS, this CommonCouncil has attempted to address thatshortage through a number of measures, including financial participationwith Tompkins County and CornellUniversity to createthe Community Housing Development Fund that provides subsidiesfor creation of affordable housing; and WHEREAS, Section 501(c)(3) of theInternal RevenueCode allows for the creation of nonprofitentities that have as one oftheir purposes the acquisition of land to be held for the primarypurpose ofproviding affordable homeownership through the implementation of deed or ground lease restrictions; and WHEREAS, the nonprofit agency is subject to an initial regulatory agreement restricting purchase of theseproperties in accordance with an income test; and WHEREAS, such programs are known generically as community land trusts, and WHEREAS, withthe support and encouragement of the members of the Community Housing Development Fund, the community land trust model is being utilized in Tompkins County as a means to developaffordable housing that remains affordable throughout its existence by means of limitations on future re-saleprices; and WHEREAS, while thelimitation on resale prices promotes long-term affordability, New York State's Real Property Tax Law does not allow consideration of such limitations when determining the assessed valuationof property participating in a community land trust, resulting in assessed values that can far exceed the restricted re-sale value of the property and a property tax burden well in excess of that borne by properties that have similar re-sale values in the marketplace; and WHEREAS, this adverse elementof the Real Property Tax Law is deterring the development and purchase of homes through the community land trust program and is thereforeexacerbating the shortage of affordable housing in TompkinsCounty; and WHEREAS, it is in the interest of City of Ithaca to addressthat deterrent to the development ofaffordable housing; and WHEREAS, the Ithaca Urban Renewal Agency recommends the CommonCouncil adopt a resolution supporting a change in Real Property Tax law so owner-occupied, resale-restricted affordable residences incur a property tax bill similar to residential properties with similar resale values in the City; now, therefore, be it RESOLVED, the CommonCouncil for theCity of Ithaca urges theNew York State Legislature to amendthe Real Property Tax Law by creating a newsection of law thatwould allow TompkinsCounty, by locallaw, to grant a partial exemption equal to the difference between thefull resale valueabsent any restriction and the maximum resale value of said property established by said ground lease to residential properties located on land owned by a nonprofit entity and subject to a ground lease or deed restrictions which restrict theresale price of the property for at least 30 years; and, be it further RESOLVED, That thisresolution be delivered to appropriate elected officials and the County Assessor. 10.3 An Ordinance To Amend The City of Ithaca Municipal Code, Chapter 325, Entitled "Zoning," To Establish the Cherry Artspace Planned Unit Development Zone ORDINANCE NO. BE IT ORDAINED AND ENACTED by the CommonCouncil of the City of Ithaca that Chapter 325, entitled "Zoning", be amended as follows: Section 1. Chapter 325 ("Zoning"), Section 325-13("Reserved") of the City of Ithaca MunicipalCode is herebyamended in order to establish the Cherry Artspace Planned Unit Development Zoning District. Section325-13, shall read as follows: 325-13. Planned Unit Development Zoning Districts A) Cherry ArtSpace ZoningDistrict 1. Boundaries of Zoning District a) The Cherry Artspace Zoning District are hereby established to consist of a tract or parcel of land, situate in theCity of Ithaca, County ofTompkins and State of New York, bounded and described as follows: Beginning at a pipe marking the intersection of the southerly line of Taber Street with the westerly line ofCherry Street in said City; and thence running south 230 50' west andalong the westerly line of Cherry Street 100 feet to a point; thence running westerly and along other premises of the grantor herein and parallel to the southerly side ofTaber Street approximately 64 feet tothe easterly line of the premises appropriated by the State of New York for the Flood ControlChannel (see Liber 472 of Deeds at page 221 and Liber 473 of Deeds at page 876); thence running northeasterly and along the premises so appropriated by the State of New York in accordance with the above referred to deeds to the southerly line ofTaber Street; thence running easterly and along the southerly line of Taber Street approximately 50 feet to thepipe markingthepoint or place of beginning. 2. DistrictRegulations a) PermittedPrimary Uses 1) Theater or similar place of publicassembly. 2) Cultural facility, such as an art gallery or museum. 3) Business or professional office. 4) Retail store orservice commercialfacility. 5) Restaurant or tavern. 6) Medical or dental office. 7) Light industrial or manufacturing. b) Permitted Accessory Uses-None c) Off Street Parking Requirement-a) Off Street Parking Requirement-Parking spacesrequired for specific uses shall be provided and maintained for each use or buildingwhich is newly established, as specified in the -6325-20D(3)(b) of the City Code. d) Off Street Loading Requirement—None e) Minimum Lot Size 1) Area in Square Feet-3000 2) Width in Feet at Street Line-30 f) Maximum Building Height 1) Numberof Stories-3 2) Height in Feet-36 g) Maximum Percent Lot Coverage by Buildings-70% h) Yard Dimensions 1) FrontYardRequired Minimum-None 2) SideYardRequired Minimum-9' 3) Other Side Yard Required Minimum-5' 4) Rear YardO Minimum-25% of depth or 25' from permanent easement, whichever is less i) Minimum Building Height-12' Section 3: Chapter 325, Section325-5 of the MunicipalCode of the City of Ithaca is hereby amended to establish the boundaries of the Cherry Artspace Planned Unit Development ZoningDistrict as seen on themap dated March 30, 2016entitled Cherry Artspace Planned Unit Development Zoning District. Section 4. The City Planning and Development Board, the City Clerk, and the Planning and Economic Development Divisionshall amend the District Regulations Chart to add the Cherry Artspace Planned Unit Development Zoning District, in accordance with the amendments made by this ordinance. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If anysection, subsection, sentence, clause, phraseor portion of this locallaw is held to be invalid or unconstitutional by a court of competentjurisdiction, then that decision shall not affect the validity of the remaining portion. Section 6. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. lot i• 1 4A+ivng1111'AM\ au11111 I! me a 1 CL m CVI'Y OFU1'HACA 108 E.Green St.3rd Floor lthaca,NY 4850-*690 DEPARTMEN x`AN%(oxwm/.mmcn)no/r|xxuNo.xn| mNo./omN'/.&unxomIC& u/vnopx/m rxn | n^^./ eS^uwn.nF-nTN'DIxux0nx0uxMmomumv//orw/N/ Tel: P|mmi,K& Econ.Develop.Div isiou 6072744550 C^mmunitN Dcvrlopmeot'|UKA-007-274-655o E-Mail: d@rvnder(a)cityoUthacs.n,& F'x4aiL i"no@ckyofithucvu,g Fax: 607-274-6558 Fax: 607-274-6558 To: Common Council BACK-UP INFORMATION V0^ From: Lisa Nicholas,Senior Planner Date: April Z2'ZO13 RE: Consideration cfFinal Approval for a Proposed Temporary Mandatory Planned Unit Development(TMPUD)to he known ms the Cherry ArtspmmnZoning District and Located at102 Cherry Street(tax parcel 73'-10-3'i)' The purpose of thismemo is to provide information regarding an application by Samuel Buggeln/Performance Premises Lb[for the City to create a PUDat 102 Cherry Street(tax parcel 73,10-3.1)tobe known as the Cherry Artspace Zoning District. The project site is inan area currently under study for an Area Plan as a partof Phase U of the Comprehensive Plan. Since this planning effort will likely result in changes in zoning requirements,the City rezoned the entire area toa Temporary Mandatory Planned Unit Development(TkxPUO)Zone for a period of eighteen monthsuntilthe Area Plan is complete. This proposed project has completed all requirements in accordance with the adopted City process for establishment of nTKxpUD, including a Public Hearing which was held at the Planning Committee meeting in April 1].ZOl6, The proposed project is to develop a flexible, multidisciplinary arts space,at 102 Cherry Street in|thaca's industrial West End. The 1'944-SF building will besphnk|ered and handicapped-accessibleand meet all requirements for assembly.The project site is 5,402-SF site contains an existing 1,137-SF building(formerly Renovus Solar)which will continue to operate as an office use. The new building will have galvanized corrugated-steel exterior finish tn harmonize with the existing building, and have matte foundation with perimcter'Qmdebeams. A sidewalk will be provided along theentire parcel width' and 6.5' tree lawn and street trees in front of the existing building. Parking will be provided on adjacent lot immediately to the south. The applicant is also proposing an exterior patio in the rear of the building which is subject to approval by the New York State Department ofEnvironmental Conservation(NYSDE[)'landscaping, andsiQnage. The applicant states: Penhnnonoe Premiseshas committed to making the building indefinitely available to the local 5V2(c)(3) arts organization The Cherry Arts without cost. The Cherry Arts will program their own originaltheatre work(based in on ensemble uf/,houo's own professional theatre artists) in U`eArtspooe, and will also make the space very uffordobly available*opresent the work n/other excellent area artists whose work may bebest served byovenue that is smaller ond/o/more flexible than existing ones. The benefits uo the community will be many.4n arts space n/uhouo's West End will work alongside plannedimprovements like the 8vndleyStreet Bridge and Black Diamond Trail to bolster development of Ithaca's underused industrial zoned waterfront. Ithaca and area artists will benefit from access unon affordable space that may better suit theirartistic needs. Cherry artists will equally benefit from o space designed uo enable crossover betmeen artistic disciplines, both on ocoeabve ondoudience'deve/opmpn/ level. rheArspoup will broadentherange oƒtheatrical and artistic offerings owoilob6y to /uhoco ond ,egk/no/ audiences. in accordance with theadopted City process for consideration of a planned unit development,the applicant has completed the enclosed application. This application was circulated to City boards and committees, and to the County Planning Department. 4 public information session, hosted by the applicant, was held on March ]O' 2016, The meeting was advertised in the Ithaca Journal, property owners within 500 feet of the property were notified by mail ofthe meeting, and the property was posted with signs. Comments received from thecirculation as well as a synopsis of the public information session are attached for your reference. The Planning Board,acting a Lead Agency,conducted a coordinated environmental review in which Common Council and NYSDEC were both identified as Involved Agencies. As you are aware, the Board issued a Negative Determination of Environmental Significance on March 22, 2016. The applicant now seeks final consideration of the adoption of the Cherry ArtspaceZoning District TMPUD. A proposed ordinance is attached for your consideration. Staff is recommending changes(shown in bold on page 2)to the previously proposed Off-Street Parking Requirements of thedraft ordinance. If you have questions or require additional information, please feel free to contact me at Inicholas @citvofithaca.org Thanks so much. BACK-UP ITEM 10.3 Public InformationSession For the ProposedCherry Artspace Temporary MandatoryPlanned Unit Developments TMPUD) Wednesday March 30, 5:30 PM Project Team Attending: ClaudiaBrenner, Project Architect Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development Lisa Nicholas, SeniorPlanner Others Attending: GeorgeMcGonigal, Common Council (6:00 pm) FredericBouche, Owner of Ports of NY (6:15 pm) Brenner gave a presentation of the project to McGonigal at 6 pm. McGonigal stated his support for the project and reiteratedconcern about the potential for noise that could be bothersome to residentsacross theinlet as sound seems to amplify over water. People in thefirst wardhave complained about noise from events at the Boatyard Grill. Brennerexplainedthat the noiseconcern was expressed becauseof the proposed patio facing the inlet. Thesite plan shows that the proposed patio is relatively small andnot intended to accommodate a large gathering. Staff reported that the patio requires NYSDEC approvalbecause it is in an easement contiguous to the Flood Control that is under their control. Staff also reported the applicant's response to the noise concern. The applicant does not currently have the funds or approval to build the patio. Should he obtain both, he intends to usethepatio foroccasional small- scale event and does not intend to have amplification. If amplification is occasionallydesired, the applicant has stated that he would seek the necessary permit. Frederic Bouche arrived at 6:15. He stated his strong support for the project. He does notfeel that parking will be an issue and feelsthat the project will be positive for the neighborhood. As there were no other comments, the meeting was ended at 6:30. 102 Cherry st project Page 1 of 1 102 Cherry st project aeroplanefactory@aol.com Sent:Sunday, March 20,2016 3:03 PM To: Lisa Nicholas;JoAnn Cornish Lisa, My name is Scott Tobey and I am the owner of 902 Taber St and 120-124 Brindley St, knownas the Aeroplane Factory. I wanted to write to you and theBoard about theproposed project on the former Renovus building as I am an adjacent property owner and haveinvested a lot of energy into the neighborhood over the past 15 years. In those 15 years I have seen a lot of changes and general improvements to theneighborhood and I applaud and encourage the proposed project.That said, I do have concerns about the layout of the project and it's impact on the neighborhood and feeling of the area. I was firstconcerned aboutthe lack of parking but I have been told that they have a"forever lease"on the parking lotto the south. I hope the Citywill verifythatcondition before giving approval. I have one of the only other parking lots in the neighborhood and am concerned that those attending the theater events will be using my lotand taking away spaces from my tenants. Many of my tenants havecome to our property because of the available parking and utilize every space on a daily basis. My otherconcern is howclose the building is proposed to be built to the street.All of the otherbuildings in the entire neighborhood are set back from the street enough to allow for a moreopen feeling and mostinclude some amount of landscaping. Being a waterfront neighborhood, it is nice to maintain an openness and natural environment. On our property we went to great lengths to create an attractivelandscapefor both our tenants use and the public view. I spoke with the architect ClaudiaBrenner andshe said they needed to cover as much area as possible to make enough room forthe theater to function. Unfortunately, it may not be the right location for such a use if the lot isn't large enough.The drawing I saw proposedbuilding a separate building to the south of the existing with an open space in between. I can only assumethat is because the existing roof is pitched to the south so they are leaving room for water and snow to run off. I informedClaudia thatwhen Renovus purchased that building it had a flat roof and they added the shed roof trusses to allowfor their solar panel installation. I suggestthattheyremove the roof and trusses and reinstall them 180 degrees so thattheroof sheds to the north. In thatway,they could connectthe new building directly to the existing and therefore utilize that open space between the two. If they were to capturethat openspace, it would then allow them to hold backthenewbuilding to the plane of the existingfacade and still have thesquarefootage they need. I fullysupport a change to the Cherry St neighborhoodzoning and have alwaysquestioned the decision to encourage industrial uses of such prime waterfront. Ithaca isa unique city with all of it's waterways and theyshould be better utilized. Unless youown property on the waterfront it is largely inaccessible to many so creating an area where people canliveand work while enjoying it's natural beauty is important and Cherry St is perfect for that. Maintaining that openness and natural beauty is important.Whenwe did a major development of our landscape a few years ago,we wanted to create an"edible landscape".Weplanted fruit trees, berries and herb gardens.Weinstalled walking trails that lead to waterfront picnic areas and a gazebo forour tenants to enjoy either while taking a break orlooking for a quiet spot to have a meetingor a meal. If you haven't seen it in person, I encourage you to take a walk around the grounds and try to imagine how it lookedbeforewith all of it's overgrown chain link fences andbroken down buildings. It wasn't that long ago and all it took was a vision. I fully supportthe efforts at 102 Cherry St and making changes to thezoning of thearea but would like tosee some amount of parking provisions in the new code. Ithacadoes not have the most efficient public transit system and because so manypeopledrive in from the rural areas around Ithaca,we do need to address parking as much as we would all like for it to go away. I have beenpretty frustrated trying to get a parking space in the past at the Boatyard Grill and while there isn't a lot of space on Inlet Island,we do have the space on Cherry St if it's well thought out. I think having a theater in the area would be a fantastic addition to the neighborhood and want to support the project. I am sure the Board will make therightdecision in thematter and I hope that will include keepingthe new building at 102 Cherry St back to theplane of the existing building andto ensure thatadequate off streetparking is provided for any proposed use. Thank you, Scott Tobey https://mail.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAAABmuq%2fS3BPFT... 3/21/2016 Fwd: Site plan approval comment Page I of I Fwd: Site plan approval comment samuel buggeln [samuel.buggeln @gmail.com] Sent:Tuesday,March 22, 2016 1:27 PM To: Lisa Nicholas Hi Lisa, I'm not sure if Philly forwarded this to you and the committee whenFrederic sent it almost a month ago. G ? L? G? G ?G ? G ?G ?G Samuel Buggeln 111 Conselyea St Brooklyn NY 11211 326 W Seneca St Ithaca NY 14850 646 734 2740 N wvN.bu reln.net Forwarded message ---------- From: Port of New York<elleers'c portsofnewvork.eom> Date: Tue, Feb 9,2016 at 1:54 PM Subject: Site plan approvalcomment To: pdesarno t'citvofithaca.or Cc: sanyi,thecherry.or-- Ref: Application for Site Plan Approval 102 Cherry St, Ithaca(former Renovus building) Planning Board meeting Tuesday February 23, 2016 To whom it may concern, I will not be able to be present for the meeting but would like to express that I am verymuch in favor of the Performance Space calledThe Cherry as shown in the notice owners within 200ft received. I like the concept,the design and the planting of the 3 trees along the former Renovus building and Cherry St. Thank you for sharing this note. Frederic Frederic Bouche owner& winemaker Ports of New York W inert 815 Taber Street Ithaca, NY 14850, USA 607)220-6317 https:Hmaii.cityofithaca.org/owa/?ae=Item&t=IPM.Note&id=RgAAAABmuq%2fS3BPFT... 3/31/2016 Performance Premises, LLC 326 West Seneca St,lthaca W 14850 March 16, 2016 Lisa Nicholas, AICP, Senior Planner Planning Division and the Planning and Development Committee City of Ithaca by email Dear Lisa and members of the committee, Thank you for your queries yesterday regarding the Cherry Artspace Project at 102 Cherry Street, for which Performance Premises is inSite Plan Review. As regards the patio on the west(water) side of the building, should it be permitted by the DEC and by financial realities, it will be used for occasional events early in the evening and small in scale. It is significantly smaller than the outdoor area at The Boatyard, for example. Events using amplified sound will be infrequent and a noise permit will be obtained in all such cases. As to the trees on the site, on March 10 I contacted Jeanne Grace,the city forester, to enquire as to what types of trees might best thrive in that spot and best compliment the existing city canopy. I clarifiedwith her, as Ido here, the ambiguity on the drawing re: which trees are existing and which are proposed. The three shown to the East of the existing building are those we propose;the two onthe west side of the site by the water are existing maple trees. I look forward to Ms. Grace's recommendationin that regard. I look forward to presenting our plan toyou on Tuesday. Please advise if I can provide further information between now and then. All best, Samuel Buggeln, Principal, Performance Premises LLC Performance Premises, LLC 326 West Seneca St,Ithaca W 14850 March 21, 2016 Lisa Nicholas, AICP, Senior Planner Planning Division and the Planning and DevelopmentCommittee City of Ithaca by email Dear Lisa and members of the committee, Please find attached Performance Premises" lease with Neil Wallace, the owner of the parking lot to the immediate south of ourproperty at 102 Cherry Street. As you see, the lease provides for Performance Premises to terminate at our discretion, but does not provide the landlord the same option. Our counsel has advised us that in New York State, the shorter a lease is, the moreprotected is thetenant. Weunderstand that Mr. Wallace, a generous supporter of the arts, drafted the lease deliberately in order to provide The Cherry Artspace project with indefinite access to plentiful parking. As regards the landscaping portion of our plans, even setting aside the limitations of the site, Performance Premises stands by our proposal to make the Artspace maximally pedestrian-friendly by providing a sidewalk on the streetside of the building and making the building present to the street and sidewalk, rather than tuckedbehind a parkinglot or other area marked "private property—no trespassing." Such proximity to the street is within the character of the neighborhood: as an example,the building at 817 Taber Street, immediately opposite the proposed Artspace, is similarly close to the streetand has stood on that site for many decades. Notwithstanding its current industrial character,this neighborhood is an easy 10-12 minute walk from downtown. A five-minute walk from the site,two residential projects have just been completed, and others have been approved similarly close by. While understanding thateverybody acts with the best intentions, we believe that a forward-looking planning approach will support an urban, pedestrian-friendly feel rather than a suburban office park approach that may be attractive for its tenants but is closed off to pedestrian and bicycle street traffic. My best, Samuel Buggeln, Principal, Performance Premises LLC WALLACE INDUSTRIES, INC. 105 Luffness New Williamsburg, VA 23188 Neil Wallace, President ntwallace @aol.com 757) 784-0050 September 10, 2015 Performance Premises LLC 326 W. Seneca St. Ithaca, NY 14850 Dear Sam and Nick: This letter will confirm the agreement whereby Wallace Industries will lease the vacant area for parking beginning at the south line of the property known as 102 Cherry Street, up to a line 10 feet north of the AJ Foreign Auto Building and from the east property linealong Cherry Street to thewest property linealong the inlet for $400 per month. Payment shall be made on the first of each month starting October 1, 2015, although you have the right to utilize the property upon signing of this agreement. The rent shall remain at $400 for two yearsand then increase at 3% peryear beginning year three. You may cancel this agreement for any reason with 30 days notice. Weagree to discuss in good faith the sale of theproperty if suchsale becomes possible. I agree to give you the right of first refusal of a sale. I also agree that 75% of the rent paid will be credited against the purchase price. Please acknowledge your agreement by your signature below. Very truly yours tJ" Neil Wallace President Performance Premises LLC Back-UpItem 10.,'j Tompkins County DEPARTMENT OF PLANNING 121 East Court Street Ithaca,New York 14850 Edward C.Marx,AICP Telephone(607)274-5560 Commissioner of Planning April 21,2016 Lisa Nicholas,Senior Planner Department of Planning and Development City of Ithaca 108 Fast Green Street Ithaca,NY 14850 Re: Review Pursuant to§239-1 and-m of the New York State General Municipal Law Action: Planned Unit Development for proposed Cherry Arts Space at 102 Cherry Street,City of Ithaca Tax Parcel No.73.40-3.1,Performance Premises,LLC,Landowner/Applicant; Sam Buggelen, Agent. Dear Ms.Nicholas: This letteracknowledges your referral of the proposal identified above for review and comment by the Tompkins County Planning Department pursuant to§239—1,-m and—n of the New York State General Municipal Law.The Department has reviewed the proposal,as submitted,and has determined that it may have negative inter-community or county-wide impacts as described below.As was stated in our February 17,2016 letter on the proposed project's site plan we recommend modification of the proposal.If the Board does not incorporate this recommendation into its approval,such approval will require a vote of a supermajority meaning a majority plus one)of all members of the decision-making body. Recommended Modification To help improve water quality,werecommend that the City require the buffering of impervious surfaces adjacent to the water's edge. We recognize that this proposed project is located in a developed area and as such we recommend only the elimination of any new impervious surfaces within 50'of the top of hank(or level of bankfull discharge)of the Flood Control Channel. To the extent that it is feasible,on-site green infrastructure should be used to maintain the quality of stormwater runoff from the site. Please inform us of your decision so that we can make it a part of the record. Sincerely, Edward C. Marx,AICP Commissioner of Planning Inclusion through(Diversity Back-Up Item 10.3 ADOPTED RESOLUTION Site Plan Review&T11tPUD CEQR Negative Declaration Cherry Street Artspace 102 Cherry St. City of Ithaca Planning& Development Board March 22,2016 W'IIEREAS: the City of Ithaca Planning and Development Board has one pending application for Cherry Street Artspace to he located at 102 Cherry St.,and WHEREAS: the applicant proposes to construct a 1.943-SF building, on the 5,302-SF project site. The site contains an existing 1,117-SF building (formerly Renovus Solar). The new building will have a galvanizedcorrugated-steel exterior finish to harmonize with the existing building, and have a matte foundation with perimeter-.grade bears. A side\valk will he provided along the entire parcel width. and 65 tree lawn and streettrees in front of the existing building. (Space does not permit it tree lawn in front of the new building.) Parking will be provided on adjacent lot immediately to the ,ouch. The applicant is also proposing an exterior patio in the rear of the building. landscaping, and swnizigc,and WHEREAS: the project site is inanarea currently under study for an Area Plan as a part of the Phase II of the Comprehensive Plan. Since this planning effort will likely result in change, in zoningrequirement, in this area, the City has rezoned the entire area to a Temporary :Mandatory Planned Unit Development (TMPUD)Zone, until the Area Plan is complete. Therefore, the project sponsor has also applied to Common Councilfor a (7h7) PUD. The project twill require a permit from the NYS Department of Fnvironmental Conservation (DEC) for encroachment into the permanent easement along the Flood Control Channel,and W'HIREAS: this is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance 176--3 B. (1 t(h)(21, and the State En\ironnrental Quality Review Act ("SEQRA"), §617.4 (h)( 11). and is subject to Ent ironmental Re\ie\\,and W'11ERE4S: the City of Ithaca Common Council and the NYS DEC' have consented to the City of Ithaca Pl.utning and De\c'lopment Board's heing Lead Agency for the action of site plan retie\% and(TM)PUDfor project,and 3111 REAS:The Planninga Board has.on March 11. 2016,declared itself Lead .Agency tier the project.and W'HERL'AS: this Board. acting, as Lad Agency in Fnvrronmental Review, has on March 22, 2016 reviewed and accepted as adequate: a Full Environmental Assessment Form(FEAF). Pan L submitted by the applicant,and Parts 2 and ; prepared by Planning staff: drattings titled "Site Plan and Zoning Information (L-I)° "1" Fluor Plan (A-1) Mrzrtnnu Plan (A-1)" "Elevations (A-Z & A-4)" all (fated 1-4-16 and prepared by Claudia Brenner, Architect, and other application material,,and WHEREAS: the City of Ithaca Conservation Advisory Council, Tompkins County PlanningDepartment, and other interested parties have been given the opportunity to comment on the proposed project and any received comments hate been considered,now,therefore, be it RESOLVED: that the City of Ithaca Planning and Development Board determine, the proposed project will result in no ,izniticant impact on the environment and that a Negative Declaration for purpose, of Article 8 of the Ent ironntental Conservation Latt he filed in accordance with the pro\isions of Part 617 of the State Ent ironmental Quality Re\iew Act. Mo\ed h\: Schroeder Seconded hv: Darling In Favor: Blalock, Darling. Elliott..lanes-Bound,. Le-wk. Randall. Schroder Araulst: 0 Abstain: ti Absetnt; 0 Vac:tn,:tc,: () Back-Up iten 10.S CITY OF ITHACA FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This Dull Environmental Assessment Form(FEAF)is designed to help applicants and agencies determine,in an orderly manner,whether a project or action may be significant. I'he question of whether an action may be significant is not always easyto answer. Frequently, there are aspects of a proposedactionthat are subjective or immeasurable. It is also understood those who determine significance may have little or no formalknowledge of the environment or may not be aware of the broader concerns aff'cling the question of'significance. The Fl.AF is intended to provide a methodwhereby applicants and agencies can be assured 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: Provides objective data and information about a givenaction and its site. By identifying basic project data, it assists in a review of the analysis that takesplace in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occurfront 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 LEADAGENCY USE ONLY DETERMINATION OF SIGNIFICANCE—TYPE 1 AND UNLISTED ACTIONS Identify the portions of FEAF completed for this action: art 1,EPart 2 0,11rt 3 Upon review of the information recorded on this FFAF(Parts,2,and 3,if appropriate),and any othersupporting information,and considerii both the magnitude and importance of each impact,it is reasonably determined by theLead Agency that: A. The Proposed Action will not result in any large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WiLL BE PREPARED. LJ. Although theproposed 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. FJ-Theproposed action mayresult in one ormore large and important impacts that may have a significant impact onthe environment;therefore,A POSITIVE DECLARATION WILL BE PREPARED, 1(nditicrrx el h'r!utir l.kc/wutinn is only vulia(for tlnliste d Arrruns. Name of Action: Name of Lead Agency: Name and Title ol'Resptmsible Officer in Lead Agency: Signature of Responsible Officer in t_:ead Agency: Signature of Preparers f)atc: FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART I—PROJECT INFORMATION prepared by project sponsor/applicant) NOTICE: This document is designed to assist in determining whether the action proposedmay have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered 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 FEAF will depend 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: construction of The Cherry Artspace L 7ionof Action: 102 Cherry St,Ithaca NY 14850 Name of Applicant/Sponsor: Performance Premises,LLC/Samuel Buggeln Address: 326 West Seneca St City/TownNillage: Ithaca State: NY ZIP: 14850 Business Phone: 646 734 2740 Name of Owner(if different): same Address: City/TownNillage:State: ZIP: Business Phone: Description of Action: Performance Premises,LLC proposes The Cherry Artspace at 102 Cherry St on the Cayuga Flood Control Channel in Ithaca's WestEnd.The Cherry will be a one-story building with mezzanine.Construction will use a mat foundation with perimeter grade beams(4 ft.)and interior grade beams(2 ft.).The slab A ill be heavily reinforced with rebar and ribs as required by structure.Exterior is galvanized corrugated steel to match adjacent building(the former Renovus building)and suit the industrial neighborhood. The interior of the building will have an unobstructed open space for use for performances of a variety of arts organizations,with windows andentrances ontothe west grassy easement area of the flood control channel and entrances onto south parking lot. The principals of Performance Premises,Sam Buggeln and Nick Salvato,spent several years looking for a building to alter into an arts venue and are pleased to have found the property at 102 Cherry St.The zoning use is permitted,parking is plentiful, proximity to downtown is good,the West End of Ithaca is up-and-coming with recent housingdevelopment,and industrial neighborhoods are famously good for new arts venues.Code standards for public assembly spaces areeasier to achieve with new constructionthan in renovating existing buildings. That said,the site at 102 Cherry Stis verysmall for a commercial lot,loo feet wide and less than 70 ft deep at its shallowest.A 25-ft easement strip along the flood control channel further limits the area that can be built.Since the artspace must be a certain size to be usable for the variety of performers and audiences we hope to serve,the site plan calls for the building to touchthe easement boundary line on thewest side,with sidewalkextending onto the easement.This will require a"Minor"Article 16 Permit from NYSDEC(in process),and close communication with the New York StateParks Commission to ensure that Cherry Artspace development complements the forthcoming Black Diamond Trail. The front of the building is planned 8 feet from the existing curb,creating an urban pedestrian-friendly"street wall."We propose new landscaping(including three new trees),and a new sidewalk—the first in the neighborhood!We look forward to sidewalk and bike lane improvements connected with the re-building of the Brindley St bridge. 2 Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overallproject, both developed and undeveloped areas. 1. Present Land Use: Urban !Industrial 0 Commercial Public [ Forest Agricultural [Q—j Other: Total area of project area: o acres 3000 square feet(Chosen units apply to following section also.) Approximate Area (Units in Question 2 apply to this section.) Currently After Completion 2a. Meadow or Brushland (non-agricultura 0 __.... 0 2b.Forested o o 2c. Agricultural o o 2d.Wetland [as per Article 24 of Environmental Conservation Law(ECL)] o o 2e. Water Surface Area 0 2f. Public o 2g. Water Surface Area 2h.Unve etated rock, earth, or fill o o 2i. Roads, buildings, and other apvedsurfaces2500000 2'. Other indicate e) grass 500 o a. What is predominant soiltype(s) on project site (e.g., HdB, silty loam, etc.): fill plus silty clay loam b. Soil Drainage: Well-Drained of Site XJ Moderately Well-Drained loo %of Site Poorly Drained of Site 4a. Are there bedrock outcroppings on project site? 11 Oyes Ox No ON/A 4b. What is depth of bedrock? 50 feet) 4e. What is depth to the water table? >5 feet) 5. Approximate percentage of proposed project site 0-10%100 %10-15% % with slopes:15%or greater % 6a. Is project substantially contiguous to, or does it Yes o /A contain a building, site or district, listed on or eligiblefor the National or State Register of Historic Places? 6b. ...Or a designated local landmark or located in a OYes 140 ON/A local landmark district? 7. Do hunting and/or fishing opportunitiescurrently Yes E]No ON/A If yes, identify each species:exist in the project area? 3 SITE DESCRIPTION concluded 8. Does project site contain any species of plant Yes QNo N/A and/or animal life identified as threatened or endangered? According to: Identify each species: 9. Are there any unique or unusual landforms on the []Yes ZNo N/A project site (i.e., cliffs, other geological formations)? Describe: 10. Is project site currently used by the community or Yes QNo []N/A neighborhood as an open space or recreation area? If yes, explain: 11. Does present site offer or include scenic views Yes E]No []N/A known to be important to the community? Describe: 12. Is project within or contiguous to a site Yes QNo N/A designated a Unique NaturalArea(UNA) or critical environmental area by a local or state Describe: agency? 13. Streams within or contiguous to project area:a. Names of stream(s) or name(s) of river(s)to which it is a tributary: Cayuga Inlet 14. Lakes, ponds, or wetland areas within or Ia. Name(s): none contiguous to project area: Sizes (in acres): 15. Has site been used for land disposal of solid Yes QNo N/A and/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? X Yes No N/A a. If Yes, does sufficient capacity exist to allow connection? x Yes L]No N/A b. If Yes, will improvements be necessary to Yes QNo N/A allow connection? 4 B. PROJECT DESCRIPTION 1. Physical dimensions and scale of project fill in dimensions as appropriate : 48'x 72' la. Total contiguous area owned by ro'ect sponsor in acres: 0.2 orsquare feet: lb.Project acrea e developed: 0.2 Acres initially:o.2 Acres ultimately: 0.2 lc. Project acreage to remain undeveloped: o Id.Length of project in miles (if appro riate : or feet: 50 le. If project is an expansion, indicate percent of change proposed: N/A If. Number of off-street parking s aces existing:—a—ro osed: 5o(adjacent Earking lot under lease) 1g. Maximum vehicular L!Es enerated u on com letion of project) per day: lo avg and per hour: av lh.Height of tallest proposed structure in feet. 27 1'. Linear feet of frontage along a public street or thoroughfare that the project will occupy? so Specify what type of natural material (i.e., rock, earth, etc.) and how much will be removed from the site: none or added to the site: none Specifywhat type of vegetation (trees, shrubs, groundcover) and how much will be removed from the site: acres: 0.02 type of vegetation: grass 4. Will any mature trees or other locally important vegetation be removed for this ro'ect? no 5. Are there any plans for re-vegetation to replace vegetation removed during construction? plant three trees 6. If sin le- base project, anticipated period of construction: 6 months (includingdemolition)__ 7. If multi-phased project, anticipated period of construction: N/A months(including demolition)_ 7a. Total number of phases anticipated: 1 7b.Anticipated date of commencement for first phase: May month 2016 year(includingdemolition 7c Approximate completion date of final phase: October month 2o16 year. 7d.Is phase one financially dependent on subsequent phases? 1Yes ® o ! /A 8. Will blasting occur during construction? Yes 0 o , /A If yes, explain: 19. Number of jobs generated during construction: o After project is completed: 2 10.Number of jobs eliminated by this project: none Explain: 11. Will project require relocation of any projects or facilitiesfEllYes [ ]No Fo--[N/A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved? ,Yes Mo ON/A; if yes, explain: sinks,standard flush toilets 12a is yes, indicate t e of waste (sewage, industrial, etc): sewa e 12c. If surface disposal, where specifically will effluent be discharged? city of Ithaca sewersystem EbyWiToosal?rface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased Yes ® o FQ—N/A If yes, explain: 14a. Will project or an ortion of project occur wholly or partially within or contiguous to the 100-year flood lain? es ® o /A 5 PROJECT DESCRIPTION (concluded) 14b. Does project or any portion of project occur wholly or partially within or contiguous to: a uga In e Fall Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or 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? es ® o LOIN/A; 14d. If#14a., b., or c. is yes, explain: adjacentto Cayuga Flood Control Channel 15a. Does project involve disposal of solid waste? ®Yes o /A 15b. If#15a. is yes, will an existing solid waste disposal facility be used? Yes o ' /A 15c. If#15b. is yes, give name of disposal facility: Tompkins County Solid Waste and its location: 122 Commercial ve. 15d. Will there be any wastes that will not go into a sewage disposal system orinto a sanitary landfill? EI Yes o ' /A If es, explain: 15e. Will any solid waste be disposed of on site? 1071yes No FQ_j'N/A If yes, explain: 16. Will project use herbicides or pesticides? ]Yes € o /A If yes, specify: 17. Will projectaffect 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? OYes o =N/A; if yes, explain: 18. Will project produce odors? 101 Yes ® o /A If es, explain 19. Will projectproduct operating noise exceed the localambient noise level during construction? Yes o El /A After construction?'Yes o /A 0. Will project result in an increase of energy use? x Yes o /A If yes, indicate type(s): Electricity to light,heat and cool performance space 1. Total anticipated water usage per day in gals./day: 12-24 Source of water: City of Ithaca 6 C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? .Yes E 0 N/A If yes, indicate the decision required: Zoning Amendment ED] Zoning Variance F New/Revision of Master Plan [0]Subdivision Site Plan ED]Special Use Permit Ol Resource Management Plan 7 Other:NYSDEC What is the current zoning classification of site? 1-1 If the site is developed as permitted by the rpesentzoning, what is the maximum potential development? 50% 4. Is proposed use consistent with present zoning? ®Yes !No /A 5. If#4 is no, indicate desired zoning: N/A 6. If the site is developedby the proposedzoning, what is the maximum potential development of the site? N/A L7. Is the proposed actionconsistent with the recommended uses in adopted local land-use plans? Yes ®No /A If no, explain: 8. What is the dominant land use and zoning classification within a '/4 mile radius of the project? e.g., R-1 a or R-1 b) 1-1,WF-1 9. Is the proposed action compatible with adjacent land uses? ®(Yes ® o E31 /A Explain: 10a If the proposed action is the subdivision of land, how many lots are proposed? N/AA 1Ob. What is the minimum lot size proposed? N/A 11. Will the proposed action create a demand for any communit -provided services?(e.g., recreation, education, police, fire protection, etc.)? O Yes [E]No i®N/A Explain: If yes, is existing capacity sufficient to handle projected demand? QjYes 1®1No [N/A Explain: 12. Will theroposed action result in the generation of traffic significantly above present levels? MYes [QNo [E:3]N/A Ives, is existing road network adequate tohandle additional traffic? Yes QNo LQN/A Explain: 7 A APPROVALS Pprov- a. als: Yes Is any Federal permit required? 1OYes ® o /A Specify: b. Does project involve State or Federal funding or financing.70 Yes ® o /A If Yes, Specify: 2c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council No Board of Zoning Appeals (BZA) Yes Zoning variances Apr 5,2016 Planning& Development Board Yes site Plan Review Feb 23,2o16 Ithaca Landmarks Preservation No Commission ILPC Board of Public Works (BPW) No Fire Department Yes Public Assembly est October 2o16 Police Department No Building Commissioner No Ithaca UrbanRenewal Agency No IURA) s 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 that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: SamuelBuggeln Signature: f „ Title: Principal,Performance Premises LLC END OF PART 1 x Fx >Fxx 9 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reducedby Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Yes No Any construction on slopes of 15%or greater(15-foot rise per 100 feet of length) or where general slope in the project Yes No exceeds 10%. Construction on land where depth to the water table is less Yes No than 3 feet. Construction of parking facility/area for 50 or more vehicles. Yes No Construction on land where bedrock is exposed or generally Yes No within 3 feetof existing ground surface. Construction that will continue for more than 1 year or involve Yes No morethan one phase or stage. Evacuation for mining purposes that would remove more than Yes No 1,000 tons of natural material (i.e., rock or soil) per year. Construction of any new sanitary landfill. Yes No Construction in designated floodway. Yes No Other impacts: Yes No 2.Will there bean effect on any unique land formsfound on the site(i.e., cliffs, gorges, geological formations, etc.)? Yes ® No Specific land forms (if any): Yes No 1 of 11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER 3. Will project affect any waterbody designated as protected (under article 15 or 24 of Environmental Conservation Law, E.C.L.)? Yes ® No Developable area of site contains protected water body. Yes No Dredging more than 100 cubic yards of material from channel Yes [:] No of protected stream. Extension of utility distribution facilities through protected Yes No water body. Construction in designated freshwater wetland. Yes No Otherimpacts (if any): Yes No 4. Will project affect any non-protected existing or new body of water? Yes No A 10%increase or decrease in surface area of any body of Yes No water or morethan 10,000 sq.ft. of surface area. Construction, alteration, or conversion of body of water that Yes No exceeds 10,000 sq. ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, Silver Creek, Yes No Cayuga Lake, or Cayuga Inlet? Otherimpacts (if any):The project will increase impervious surface by approx. 500 SF adjacent to Cayuga Inlet. A 30' vegetated buffer is in place.Wil be reviewed by the Yes No CityStormwater Management Officer. 2of11 3/23/2016 City of Ithaca Full EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 5. Will project affect surface or groundwater quality? ® Yes No Project will require discharge permit. Yes No Project requires use of source of water that does not have Yes No approval to serve proposed project. Construction or operation causing any contamination of a Yes No public water supply system. Project will adversely affect groundwater. Yes No Liquid effluent will be conveyed off the site to facilities which Yes No do not currently exist or that have inadequate capacity. Project requiring a facility that would use water in excess of Yes No 20,000 gallons per day or 500 gallons per minute. Project will likely cause siltation or other discharge intoan existing body of water to the extent that there will be an Yes [-] No obvious visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical Yes No productsgreater than 1,100 gallons. Other impacts(if any):The project will increase impervious surface by approx.500 SF adjacent to Cayuga Inlet. A+/-30'vegetated buffer is in place.Wil be Yes ® No reviewed by the City Stormwater Management Officer. 3of11 3/23/2016 City ofIthaca Full EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surface water runoff? Yes No Project would impede floodwater flows. Yes No Project is likely to cause substantial erosion. Yes No Project is incompatible with existing drainage patterns. Yes No Other impacts(if any): the project will increase impervious surface by approx. 500 SF.Wil be reviewed by the City Stormwater Management Officer. Yes No IMPACT ON AIR 7.Will project affect air quality? Yes ® No Project will induce 500 or more vehicle trips in any 8-hour Yes No period per day. Project will result in the incineration of more than 2.5 tons of Yes No refuse per24-hourday. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million Yes No BTUs per hour. Other impacts(if any): Minor construction impacts only Yes No 4 of 11 3/23/2016 City of Ithaca Full EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by thePlanning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8.Will project affect any threatened or endangered species? ® Yes No Reduction of any species, listed on New York or Federal list, Yes No usingthesite, foundover, on, or near site. Removal of any portion of a critical or significant wildlife Yes No habitat. Application of pesticide or herbicide more than twice a year Yes No otherthanfor agricultural purposes. Other impacts(if any): NYSDEC has identified the site as within an area with the potential presence of threatened or endangered species. See Part 3 Yes No 9.Will proposed action substantially affect non-threatened or non-endangered species? Yes ® No Proposed action would substantially interfere with any Yes No resident or migratory fish, or wildlifespecies. Proposed action requires removal or more than 1/2 acre of Yes No mature woods or other locally important vegetation. Otherimpacts (if any): Yes No 5 of 11 3/23/2016 City ofIthaca Full Environmental Assessment Form (FEAF) Part 2 ProjectImpacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON AESTHETICRESOURCES 10. Will proposed action affect views, vistas, orvisual character of the neighborhood or community? Yes ® No Proposed land uses or proposed action components obviously different from, or in sharp contrast to,current Yes No surrounding landuse patterns, whether man-made or natural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or Yes No significantly reduce their enjoyment of aesthetic qualities of that resource. Proposed action will result in elimination or major screening Yes No of scenicviews known to be important to the area. Otherimpacts (if any): Yes No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 11. Will proposed actionimpact any site or structure of historic, prehistoric, or paleontological importance? ® Yes [-] No Proposed action occurringwholly or partially within, or contiguous to, any facility or site listed onor eligible for the Yes No National orState Register of Historic Places. Any impact to an archaeological site or fossil bed located Yes No within the project site. Proposedaction occurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a Yes No landmark district. Other impacts(if any)_NYSDEC has identified the site as with an area with the potential presence archeological resources in the area of the project site. See Part 3 Yes [—] No 6of11 3/23/2016 Cityof IthacaFull EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by thePlanning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ONOPEN SPACE AND RECREATION 12. Will theproposed action affectthe quantity or quality of existing or future open spaces, or recreational opportunities? ® Yes No The permanent foreclosure of a future recreational Yes No opportunity. A major reduction of an open space important to the Yes No community. Other impacts (if any): Yes No IMPACT ON UNIQUE NATURAL AREAS OR CRITICALENVIRONMENTAL AREAS 13. Will proposedaction impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? [:]Yes No Proposed action to locate within a UNA or CEA?Yes No Proposed action will result in reduction in the quality of the Yes No resource. Proposed action will impact use, function, or enjoyment of the Yes No resource. Other impacts (if any): Yes No 7 of 11 3/23/2016 City of Ithaca Full Environmental Assessment Form (FEAF) Part 2 ProjectImpacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updatedby thePlanning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes No Alteration of present patterns of movement of people and/or El Yes F-] Nogoods. Proposed action will result in major traffic problems. Yes No Other impacts: Yes No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? Yes ® No Proposed action causing greater than 5% increase in any Yes Noformofenergyusedinmunicipality. Proposedaction requiring creation or extension of an energy transmission or supply system to serve more than 50 single- Yes No or two-family residences. Other impacts (if any): Yes No 8of11 3/23/2016 City of IthacaFull EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 CherryStreet Date Created: 3/10/16 Updated by the Planning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionableodors, noise, glare, vibration, or electricaldisturbanceduring construction of, or after completion of,this proposed action? ® Yes No Blasting within 1,500 feet of a hospital, school, or other F1 Yes Nosensitivefacility? Odors will occur routinely(more than one hour per day). Yes No Proposed action will produce operating noise exceeding local Yes Noambientnoiselevelsfornoiseoutsideofstructure. Proposed action will remove natural barriers that would act as Yes F-1 Nonoisescreen. Other impacts(if any):Outdoor patio is proposed—more information is needed.See Part 3 Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? Yes ® No Proposed action will cause risk of explosion or release of hazardous substances (i.e., oil, pesticides,chemicals, Yes Noradiation, etc.) in the eventof accident or upset conditions, or there willbe chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes"in any form (i.e., toxic, poisonous, highly reactive, radioactive, Yes No irritating, infectious, etc.) Proposedaction mayresult in excavation or other disturbance within 2,000 feet of a site used for the disposal of Yes No solid or hazardous wastes. Proposed action willresult in handling or disposal or hazardous wastes(i.e.,toxic, poisonous, highly reactive, Yes Noradioactive, irritating, infectious, etc., including wastes that are solid, semi-solid, liquid, or contain gases). 9of11 3/23/2016 City ofIthaca Full EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 CherryStreet Date Created: 3/10/16 Updated by thePlanning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON PUBLIC HEALTH(cont.) Storage facilities for 50,000 or more gallons of any liquid fuel. Yes No Useof any chemical for de-icing, soil stabilization, or control of vegetation, insects, or animal life on the premises of any Yes No residential,commercial, or industrial property in excess of 30,000 squarefeet. Other impacts (if any): Yes No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes ® No The population ofthe city in which the proposed action is located is likely to grow by more than 5%of resident human Yes No population. Themunicipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of Yes No this proposed action. Proposed action will conflict with officially adopted plans or Yes No goals. Proposed action will cause a change in the density of land Yes No use. Proposed action will replace or eliminate existing facilities, Yes No structures, or areas of historic importance to the community. Development will create demand for additional community Yes No services(e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future Yes No actions. Proposed action will relocate 15 or more employees in one or Yes No more businesses. 100f 11 3/23/2016 City of Ithaca Full EnvironmentalAssessment Form (FEAF) Part 2 Project Impacts Project Name: Theater/TMPUD -102 Cherry Street Date Created: 3/10/16 Updated by thePlanning Board on 3/22/16 Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON GROWTHAND CHARACTER OF COMMUNITY OR NEIGHBORHOOD(cont.) Otherimpacts(if any): Yes No 19. Is there public controversy concerning the proposed action? Yes No Unknown If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3— 11 of 11 3/23/2016 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM-Part III Project Name:Cherry Artspace—102 Cherry Ave Date Created: 3-18-16 PROJECT DESCRIPTION The applicant proposes to construct a1,944-SF building on the 5,402-SF project site. The site contains an existing 1,137-SF building (formerly Renovus Solar). The new building will have a galvanized corrugated-steel exterior finish to harmonize with the existing building, and have a mattefoundation with perimeter-grade beams. A sidewalk will be provided along the entire parcel width, and 6.5' tree lawn and street trees in front of the existing building. (Space does not permit a tree lawn in front of the new building.) Parking will be provided on adjacent lot immediately to the south. The applicant is also proposing a future exterior patio in the rear of the building (whichrequires a permitfrom NYSDEC), landscaping,and signage. The project site is in an area currently under study for an Area Plan as a part ofthe Phase II of the Comprehensive Plan. Since this planning effort will likelyresult in changes in zoning requirements in this area, the City has rezoned theentire area to a Temporary Mandatory Planned Unit Development TMPUD) Zone, until the Area Plan is complete. Therefore, the project sponsor has also applied to Common Council for a (TM) PUD. The project will require a permit from the NYS Department of Environmental Conservation (DEC) for encroachment into the permanent easement along the Flood Control Channel. This is a Type 1 Action under the City of Ithaca Environmental Quality Review Ordinance ("CEQRO"), 176-4 B. (1)(h)[2],and the State Environmental Quality Review Act("SEQRA"), §617.4(b)(11). IMPACT ON LAND The project site is previously disturbed—no impact is anticipated. IMPACT ON WATER The project site is adjacent to the Cayuga Inlet(Flood Control Channel)on a currently developed site. The project will require erosion controls duringconstruction. No impact is anticipated IMPACT ON DRAINAGE No impact is anticipated IMPACT ON AIR No impact is anticipated IMPACT ON PLANTS ANDANIMALS The Lead Agency has received a comment fromthe NYS DEC stating that the agency GIS database indicates that the project site lies within an area having a documented location of a threatened and/or endangered species. The project site and immediately surrounding area is in the City's Industrial Park and is previously disturbed and developed. The only existing vegetation on or surroundingthe site is limited to areas of mowed grass. A parkinglot is immediately to the south, a paved road (Cherry Street) is immediately Page 1 of 3 to the east, a small area of mowed grass and a parking area are tothe north and the Flood Control Channel is to the west,along which the City maintains a mowed +/-30'grass strip. The 5,402 SF project site contains an existing 1,154 SF building, a 400 SF storage shed and a parking lot. A limited amount of mowed lawn area exists on the northeast and west sides of the existing building. The proposed building will be located in the parking lot,which is classified in the City GIS system as an impervious surface. The attached aerial photo and site photos illustrate the site conditions. There are wetland and forested areas to the south of the site and outside theindustrial park,such as the Southwest Natural Area with diverse and potentially sensitive vegetation and fauna. This project will have no impact on those areas. No impact is anticipated IMPACT ON AESTHETIC RESOURCES No impact is anticipated IMPACT ON HISTORIC RESOURCES The Lead Agency has received a comment fromthe NYS DEC stating that the agency GIS database indicates that the project site lies within an archeologically sensitive area. The project site and immediately surrounding area are in the City's Industrial Park and are previously disturbed and developed. TheFlood Control Channel immediatelyto the west of the project sitewas constructed by the Army Corps of Engineers in the late 1960s. The 5,402 SF project site contains an existing 1,154 SF building, a 400 SF storage shed and a parking lot. A limited amount of mowed lawn area exists on the northeast and west sides of the existing building. The proposed building will be located in the parking lot,which is classified in the City GIS system as an impervious surface. The attached aerial photo and site photos illustrate the site conditions. No impact is anticipated IMPACT ON OPEN SPACE AREA No impact is anticipated IMPACT ON TRANSPORTATION No impact is anticipated IMPACT ON ENERGY No impact is anticipated IMPACT ON NOISE AND ODORS Some concern has been expressed aboutthe potential noise impacts of the outdoor patio to the residential area across the Flood Control Channel from the project site. In response to the concern the applicant has provided the following information in a letter datedMarch 16, 2016 to Lisa Nicholas, SeniorPlanner: Page 2of3 As regards the patio on thewest(water)side of the building,should it be permitted bythe DEC and by financial realities, it will be used for occasional events early in the evening and small in scale. It is significantly smaller than the outdoor area at The Boatyard,for example. Events using amplified sound will be infrequent and a noise permit will be obtained in all such cases. No impact is anticipated IMPACT ON PUBLIC HEALTH No impact is anticipated IMPACT ON GROWTH AND CHARACTER OF COMMUMITY OR NIEGHBOORHOOD The applicant has submitted a revised Use District Regulations chart for the proposed(TM)PUD dated 3/22/16(attached). The revised chart sets more restrictive limits for permitted uses, buildingheight and lot coverage than was originally proposed in the January 2016 TMPUD application. No impact is anticipated. Prepared by: Lisa Nicholas,AICP,Senior Planner Page 3 of 3 o' v E a 7 NdApd J o CL j odM N O v rn n om -^o o tD 3-0 p. 3'nN H y Cm (D m a m 70 LL m 1D 1 t ,'i o O u co N g m CD 3 moyoa a1 d = d 0 Stn D t'p 7 N s 0 Nr Y my O 3 NEo -o' 1 y a(D n if o m o Q K 0 CD cn CLcrm r mrcID m d o o L 2 ° 3 CL ID o n o< rn m Q. a: o IA C7 I D i U (/a 0 n WC o x m x- T m-9 c n a Z na N 1O Nt ° s Urn E nm C" m n u> x o w m m rbno.N W d D N (D N to d y CD `< C Cr P'i to W ty d K t° i° 1° m N i a v ua cn G7 oa 0 4 Existing Site Conditions 102 Cherry Street September 2015 Proposed Cherry Artspace Planned Unit Development REVISED Use District Regulations Mar22, 2016 USE DIST. Cherry Artspace PERMITTED PRIMARY USES Theater orother similarplace of publicassembly. Cultural facility such as an artgallery or museum. Business or professional office. Retail store or servicecommercial facility. Restaurant or tavern. Medical or dentaloffice. Light industrial and manufacturing. PERMITTED ACCESSORY USES none OFF-STREET PARKING REQUIREMENT none OFF-STREET LOADING REQUIREMENT none SUBDIST. none MINIMUM LOT SIZEArea in Square feet 3000 Width in Feet at Street Line 30 MAX.BLDG.HEIGHT Number of Stories 3 Height in Feet 36 MAXIMUM PERCENT LOT COVERAGEBY BUILDINGS 70% YARD DIMENSIONS FRONT Required Minimum none SIDE One Side at Least 9'-W Other Side at Least 5'-0" REAR Percent of depth or#of 25-ftpermanent easement feet,whichever is less MINIMUM BUILDING HEIGHT Minimum Height in Feet 12 City of Ithaca Application for Planned Unit Developme D) Part 1.—ApplicantInformation Application Date: 02 / 22 / 2106 1. ApplicantInformation Applicant Name(All principal owners of 15% or more must be listed): Samuel Buggeln/ Performance Premises LLC Address: 326 West Seneca Street City: Ithaca State: NY Zip: 14850 Phone:— 646734 2740 Email: Property Owner(if different from applicant): Same Address: City:State: Zip:_ Phone: Email: 2. Property Information Applicant must provide either proof of ownership or an owner's authorization) Property Street Address:102 Cherry St, Ithaca NY 14850 Tax Parcel Number: 71-10-3.1 Legal description of Property: see survey map, attached Zoning District : I-I Area: 0.2 acre Frontage: 100' Current Uses: Small office bldg& parking 5 3. Project Information Project Name: The Cherry Artspace Project Narrative and Summary of Community Benefits (attach additional sheets as needed): PLEASE SEE ATTACHED Project Location: 102 Cherry Street, Ithaca Property Size(acres)—both existing& proposed: .02 Building Size(square feet)—both existing&proposed: existing: 1 100, proposed: 1 944 Proposed Project Start& Completion Dates:May—October 2016 Approx.#of rental housing units: 0 Approx.#of for-sale housing units: 0 Approx. SF of office: existing 1 100, proposed: 0 Approx. SF of retail/commercial: 0 Approx. SF of community/non-profit use: existing: 0, proposed 2275 Approx. SF of light industrial/high-tech: 0 Approx. SF of industrial/manufacturing: 0 Approx. SF of other uses specify: 0 Part 4.—Project Costs 6 Cost of New Construction:300,000 Value of improvements: none to existing structure Value of Equipment to Be Acquired: '$75000 Other: none Total: 375.000 Part 5.—Criteria and Potential Project Benefits Minimum Qualification Criteria leasesee attached A PUD can only be established if the following criteria are all determinedto have been met: Doesthe projectfurther the health and welfare of the community; and Isthe project in accordance with the City Comprehensive Plan Does the project create at least one long term community benefit Is the property located in an area of the City currently zoned industrial PUD Approval Considerations Inaddition tomeetingthe minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: 1) Please demonstrate why this project can't move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? 2) Will the project provide for public access pedestrian linkages (active recreation)? 3) What are the heights of buildings in this project? How do building masses and locations compare to each other and to other structures in the vicinity? 4) Are there available and adequate transportation systems within the PUD for pedestrians, bicycles,and motor vehicles, including transit? What isthe impact onthe external transportation network? 5) What is the character of the neighborhood in which the PUD is being proposed?Are there safeguards provided to minimize possible detrimental 7 PUD Approval Considerations In addition to meeting the minimum criteria, the following will also be considered when evaluating whether to grant a PUD for a proposed project: 1) Please demonstrate why thisproject can't move forward under existing zoning. Why should a PUD be a desirable way to regulate development on this site? PUD required in Waterfront Study Area. Project requires zoning variances: 325-8A(10): Maximum Percentage of Lot Coverage byBuildings, 325-8A(11): Yard Dimensions, Front, Required Minimum 325-8A(13): Yard Dimensions, Side, Other at Least 325-8A(14)(a): Yard Dimensions, Rear 325-8A(15): Minimum Height of Building, Height in Feet 2) Will the project provide for public access pedestrian linkages (active recreation)? The project will be accessible by pedestrians from the eventual Black Diamond trail 3) What are the heights of buildings in this project? How do building masses and locations compareto each other and to other structures inthe vicinity? Building height (one story with mezzanine) andmassingare comparableto otherstructures in the vicinity 4)Are there available and adequate transportation systems within the PUD for pedestrians, bicycles, and motor vehicles, including transit? What is the impact on the external transportation network? Existing transportation systems are adequate and available 5) What is the character of the neighborhood in which the PUD is beingproposed?Are there safeguards provided to minirnize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general? The neighborhood is highly industrial.Theproposed use will cause no detrimental effects to adjacent properties or the neighborhood in general 6) How do the proposed open space and recreational systems function within the PUD and in relation to the City's overall open space and recreational systems? N/A 7) What is the general ability of the land to support the development, including such factors as slope, depth to bedrock, depth to water table and soil type? More than adequate 8) Whatpotential impacts are there on environmental, historical, and architectural resources? Does the proposed PUD serve to protect these resources? No detrimental impacts on environmental,historical, and architectural resources 9) What potential impacts are there on local government services? No potential impacts on local government services 10) Isthere available and adequate water service? Yes 11) Isthere available andadequate sewer service? Yes 12) Will the PUD provide several of the community benefits listed below that contribute to making the project a long-term asset for the community? Yes Potential Community Benefits Resulting from thePUD Project 1) What will be the increase to the tax roll value of new real property? Negligible 2) How many FTE jobs will be created as a result of the project? Will the project result in job creation of positions that pay at least a living wage? Initially one part-time job,within 5 years 3 full-time jobs at living wage 3) Will the project result in job creation of which at least 51%will be held by persons earning 80%or less of Area Median Income? Yes; student hiring likely 4) Will the applicant provide affordable housing at rents that do not exceed Fair Market Rents occupied by households earning no more than 80%of Area Median Income, adjusted for family size (must determine duration)? No housing planned at thistime 5) Will the project fill vacant store fronts? No 6) Will the project involve environmental remediation? No environmentalcontamination on site 7) Isthe project a historic preservation project(in accordance with the Secretary of Interior's standards)? No 8) Will the project be assisting/contracting/renting to MWBEs? Yes, Claudia Brenner Design Inc. 9) Will the projectprovide free (reducedcost)community space in the project (for example to a 501 c3 non-profit)? YES. The entire building will be provided free of charge to Ithaca-based 501(c)(3) artsorganization The Cherry Arts 10) Will the project produce large-scale alternative energy, local energyor combined heat/power thatresults in a significant reduction in greenhouse gas emission? No 11) Will the project result in high tech job creation? No l 2) Does the project contain the redevelopment of a Brownfield site? No 13) Will this projectprovide any other community wide benefits? Community-wide benefits will be significant. Project Narrative and Summary of Community Benefits Performance Premises, LLC, proposes to build The Cherry Artspace: a small, flexible, multidisciplinary arts space, at 102 Cherry Street inIthaca's industrial West End. The space will be sprinklered and handicapped-accessible and meet all requirements for assembly. Performance Premises has committed to making the buildingindefinitely available to the local 501(c)(3)arts organization The Cherry Arts without cost. The Cherry Arts will program their own original theatre work based in an ensemble of Ithaca's ownprofessional theatre artists) in the Artspace; and will also make the space very affordably available to presentthe work of other excellent area artists whose work may be best served by a venue that is smaller and/or more flexible than existing ones. The benefits to the community will be many. An arts space in Ithaca's West End will work alongside planned improvementslike the Brindley Street Bridge and Black Diamond Trail to bolster development of Ithaca's underused industrial- zoned waterfront. Ithaca andarea artists will benefit from access to an affordable space that maybetter suit their artistic needs. Cherry artists will equally benefit from a space designedto enable crossover between artisticdisciplines, both on a creative and audience-development level. The Artspace will broaden the range of theatrical and artistic offerings available toIthaca and regional audiences. More live arts and entertainmentoptions will bring Ithacans more often out of their homes, providing ancillary benefit to barsand restaurants. As The Cherry Artspace becomes a regional destination,tourism will benefit. a a a a GL y Q N G a v c o cn Ln t!N d v N G O o O Z cyn oG c9 Z N w Z 7 a. a o 0 o- r 4 i4 cu VJ 1; wMUu t e to 4 4 i•r Px' rF F CAYVGA INt£T qty m w%a„:e nv FCOOO CONTROZ CHA 1ael s ar,z.00.,w ,0000. t a °° - C- W"Of PAVOOP CHERRY STREET x<<<6 ctrva FAX 4 NA his 4 CAYUG R o Z_ e°' a a„w FLOOD C ONtpt CHANNFC K 44 CO)1 fig Y$ I A t sow i D 3'g 5a8'f2't?0" tOQ.00' . h F CHERRY STREETcn, rn aft rl i M V 1 to M 4 r THE CHERRYARTSPACE CLAUDU B#MNER v Property of Performance Premises LLC chftect 6 Cherry Street 14850`•' City of Ithaca,NY 2\!6 7|{/22 q2}!J AOl 297;; lFk 77 It- to 2 z e ` M k Z THE CHERRY &#T5PACE CLAUDIA B NER ate 3 Mm Property of Performance Pre!sesLLC ch®ect 421_89#7§ Cherry Street Ci of Ithaca.NY 2 W f'. C} Cp M T 0' m 3 N m a THE CHERRYARTSPACE CLAUDIA BREMNER Property of Performance Premises LLC architect azo ax s xrNesz3CherryStreet4M a `0 City of Ithaca,NY bD7•X SMt5 i i M 01 r fl e.,,J rA 1 l i f i b M M 3 Cn M 4 THE CHERRYARTSPACE n OAUDIA BMNNER 1 Property of Performance Premises LLC 421 Chne NOO AuMM SL#7 Cherry Street M ,W 14MO a City of Ithaca,NY i i i- 1 Z i aM a O t i if f i J ff t t N A M b 0 1 t f tt X 3 m M THE CHERRY ARTSPACE CLAUDIA BRENNER t Property of Performance Premises LLC 421 KIOM St ercnttect h Cherry Street W1.5o 7 m "° City of Ithaca,NY ucrzr ar s 10.4 An Ordinance to Amendthe City of Ithaca Municipal Code Chapter 325 entitled "Zoning", Article VA entitled "Telecommunications Facilities and Services". 4325-29.9 related to the "Fall Zone and Setback Requirements for Tier Three Personal Wireless Service Facility's (PWSF), to Lower the Required Fall Zone to 120% of the Height of the Tower" A. Declaration of Lead Agencv— Resolution WHEREAS, State Law and Section 176-6 of the City Coderequire that a lead agency be establishedforconducting environmental reviewof projects in accordance with localand state environmental law; and WHEREAS, State Law specifies thatfor actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility forapproving and funding or carrying out the action; and WHEREAS, the proposedzoning amendment is an "Unlisted" Action pursuant to the City of Ithaca Environmental Quality Review Ordinance, (CEQR), §176-4 which requires review underCEQR; now, therefore, beit RESOLVED, That Common Council of theCity of Ithaca doeshereby declare itself lead agencyfor the environmental review for the adoptionofrevisions to City Zoning Ordinance, Chapter 325, Article VA, "Telecommunications Facilities and Services", § 325-29.9, Fall Zone and Setback Requirementsfor Tier Three PWSF's, to Lower the Required Fall Zone to 120% of the height of the tower. B. Determination of Environmental Significance — Resolution WHEREAS, theCity of Ithaca is considering a proposal to revise the CityZoning Ordinance, Chapter 325, Article VA, "Telecommunications Facilities and Services", 325-29.9, Fall Zone and Setback Requirements for Tier Three PWSF's, to lower the required fall zone to 120% of the height of the tower; and WHEREAS, the proposedaction is an "Unlisted"Action pursuant to the City of Ithaca Environmental Quality ReviewOrdinance, (CEQR), §176-4 whichrequiresreview under CEQR; and WHEREAS, the CommonCouncil for the City of Ithaca did, on April 13, 2016, declare itself lead agencyforthis action; and WHEREAS, upon direction from the Planning and Economic Development Committee of CommonCouncil, the proposed revision was circulated to various boards and committees in a memo dated January 21, 2016; and WHEREAS, the proposed revision has been reviewed by the Tompkins County Planning Department pursuant to §239-1—m of theNew York StateGeneral Municipal Law, whichrequiresthat all actionswithin 500 feet of a county or state facility, including county and state highways, be reviewed by the County Planning Department; and WHEREAS, the proposedrevision has also been reviewed by the City of Ithaca Conservation Advisory Council, and the City of Ithaca Planning and Development Board; and WHEREAS, a public hearing for the proposed revision was held on February 10, 2016, at the meeting of thePlanning and Economic DevelopmentCommittee; and WHEREAS, the CommonCouncil of the City of Ithaca, acting as Lead Agency, has reviewed the Full Environmental Assessment Form Parts 1, 2, and 3, prepared by Planning Staff and has determinedthat the adoption of the proposed zoningrevision will nothave a significanteffect on the environment; now, therefore, be it RESOLVED, That this CommonCouncil, aslead agency in thismatter, hereby adopts as its own, the finding and conclusions more fully set forth on the Full Environmental Assessment Form; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determinesthat the proposed action at issue; Adoption of Revisions to theCity Zoning Ordinance, Chapter 325, Article VA, "Telecommunications Facilities and Services", §325-29.9, Fall Zone and SetbackRequirements for Tier ThreePWSF's, to Lower theRequired Fall Zone to 120% of theheight of the tower, 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 thisnegativedeclaration and that the CityClerk is hereby directed to file a copy of the same, together with any attachments, in theCity Clerk's Office, and forward the same to any other parties as required by law. C. Adoptionof Ordinance ORDINANCE NO. 2016- 6E IT ORDAINED ANDENACTED by the Common Council of the City of Ithaca that Chapter 325, Article VA, Section 325-29.9, be amended as follows: Section 1. Chapter 325 ("Zoning"), Article VA, Section 325-29.9 is hereby amended to lower the required fall zone to 120% of the heightof a tower and shall read as follows: 325-29.9 Fall zone and setback requirements for Tier Three PWSF's Tier Threeapplications shall meet the followingstandards: A. Fall zone. 1) No habitable structure or outdoor area where people congregate shall be within a fall zone of 120% of the heightof thePWSF or its mount. 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 IthacaCity Charter. BACK-UP ITEM 10.4 Information Only — Not to be Considered Part of the Ordinance In response to a request from Alderperson Brock (at the 4/13/16 Planning Committee meeting) to define congregate: verb, I con*gre*gate I -,gat Definition ofCONGREGATE to collect into a group or crowd :assemble to come together into a group, crowd, or assembly Origin ofCONGREGATE Middle English, from Latin congregatus, past participle of congregare, fromcom- greg-, grexflock First Known Use: 15th century See also: congregate Merriam- Webster CITY OF ITHACA BACK-UP ITEM 10.4 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) Purpose: This FullEnvironmental 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 notalways easy toanswer. Frequently,there are aspects of a proposed action that are subjective or immeasurable. It is also understood those who determine significance may have little or no formal knowledge of the environment or may not be aware of the broader concerns affecting thequestion of significance. The FEAF is intended to provide a method whereby applicants and agencies can be assured the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project oraction. FEAF Components: Part 1: Provides 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: Focuses on identifying the range of possible impacts that may occur from a project oraction. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it isa 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 isused to evaluate whetheror 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: FX Part 1 FX Part 2 FX 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: L Jf' The Proposed Action will not result inany large and important impact(s)and will not have a significant impact on the environment;therefore,A NEGATIVE DECLARATION WILL BE PREPARED. QB. Although the proposed actioncould 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 NEGATIVEDECLARATION WILL BE PREPARED.* 11C. Theproposed 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: Revise City Zoning Ordinance,Article VA,"Telecommunications Facilities and Services" to Lower Required Fall Zone Name of Lead Agency: City of Ithaca Common Council Name and Title of Responsible Officer inLead Agency: Mayor Svante Myrick Signature of Responsible Officer in Lead Agency: Signature of Preparer: JoAnnCornish, Director of Planning and Development Date: March 14, 2016 FULL ENVIRONMENTAL ASSESSMENT FORM (FEAF) PART 1—PROJECT INFORMATION prepared by project sponsor/applicant) NOTICE: This document is designedto 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 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 FEAF will depend on information currently available and will not involve new studies, research, or investigation. If informationrequiring such additional work is unavailable, so indicate and specify each instance. Name of Action: Revise City Zoning Ordinance,Article VA, "Telecommunications Facilities and Services"to Lower Required Fall Zone ocation of Action: City of Ithaca ame of Applicant/Sponsor: City of Ithaca ddress: 108 East Green Street lCity/_—TownNillage: Ithaca State: New York ZIP: 14850 Business Phone: 607-274-6550 Fame of Owner(if different): ddress: City/Town/Village:State: ZIP: Description of Action: Consideration to revise the City of Ithaca Zoning Ordinance, Article VA, "Telecommunications Facilities and Services" (hereafter referred to as"TCO"), Section 325-29.9. A. (1)concernsthe fall zonesetback requirements for Tier III telecommunications facilities and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: "No habitable structure or outdoor area where people congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or its mount." Specifically, the request is in regard to the only existing telecommunications tower in the City of Ithaca, located at815 South Aurora Street. The tower is on a2.5-acre parcel and has an estimated height of 170 feet. Inaccordance with the existing ordinance,this would require any development to be outside a radius of 340 feet from the base of the tower. The request is to reduce the fall zone to 120% of the height of the tower, the distance the cell tower will actually fall based on two engineering reports submitted to the city, (see appendix which state that in the worst situation, if all three-guy wires supporting the tower fail, the tower's fall will e equal to the tower's height, or 170 feet and that a debris field may extend beyond the collapsed tower an additional 10-15 feet. Please complete each question (indicate N/A, if not applicable). A. SITE DESCRIPTION Physical setting of overall project, bothdeveloped and undeveloped areas. 1. Present Land Use: Q Urban ® Industrial M Commercial ®Public 0 Forest Agricultural ®Other: Total area of project area: 2.9 acres square feet Chosen units apply to ollowin_ section also.) Approximate Area Units in Question 2 apply to this section 11 After Completion a. 3Meadow or Brushland (non-agricultural) b. Forested L c. Agricultural d. Wetland [as per Article 24 of Environmental Conservation Law(ECL)] e. Water Surface Area f. Public Water Surface Area h. Unve etated (rock, earth, or fill) i. Roads, buildings, and other paved surfaces L.25 Acre 2 _5 j. Other(indicate t e)Grass/Lawn Grass/Lawn a. What is predominant soil type(s)on project site (e.g., HdB, silty loam, etc.): b. Soil Drainage: X Well-Drained 100 % of Site Moderately Well-Drained of Site Poorly Drained of Site 4a. Are there bedrock outcroppings on project site? es No N/A 14b. What is depth of bedrock? 3 (feet) 4c. What is depth to the water table? +/-2 (feet) 5. Approximate percentage of proposed project site X 0-10% 100 %10-15% with slopes: 15 o 0 o or greater /o r6a. Is project substantially contiguous to, or does es X o /A it contain a building, site or district, listed on or eligible for the National or State Register of Historic laces? 6b. Or a designated local landmark or located in a yes o N/Alocallandmarkdistrict? i I 7. Do hunting and/or fishing opportunities currently exist in the project area? es X To N/A If yes, identify each species: SITE DESCRIPTION (concluded) 8. Does project site contain any species of plant es XTo N/Aand/or animal life identified as threatened or endangered? According to: Identify each species: 9. Are there any unique or unusual landforms on es X To N/Aheprojectsite (i.e., cliffs, other geological formations)? Describe: 10. Is project site currently used by the Yes XQNo L]N/Acommunityorneighborhoodasanopenspaceor recreation area? If yes, explain: 11. Does present site offer or include scenic viewsl es QNo QN/A own to be important to the community? Describe: 12. Is project within or contiguous to a site Jyes XONo []N/AdesignatedaUniqueNaturalArea(UNA) or critical environmental area by a local or state agency? Describe: 13. Streams within or contiguous to project area:a. Names of stream(s) or name(s)of river(s)to which it is a tributary: 14. Lakes, ponds, or wetland areas within or a. Name(s): Conti uous to project area: jib. Size(s) (in acres): 15. Has site been used for land disposal of solid es No []N/Aand/or hazardous wastes? Describe: 16. Is the site served by existing public utilities? X es []No []N/A Yes, does sufficient capacity exist to allow connection? es []No XQN/AIfYes, will improvements be necessary to allow connection? Yes []No X /A B. PROJECT DESCRIPTION 1. Ph sical dimensions and scale of ro'ect fill in dimensions as appropriate): N/A la. Total contiguous area owned by ro'ect sponsor in acres: N/A orsquare feet: lb. Project acreage developed: .25 Acres initially: .25 Acres ultimately: Ile. Project acre-age to remain undeveloped-_ 2.65 ld. Length of project in miles if appropriate): or feet: N/A Ile. If project is an expansion, indicate percent of change proposed: N/A 1L Number of off-street Earking spaces existin proposed: N/A 1g. Maximum vehicular trips generated (upon completion of project)per day: and per hour: N/A lh. Hei ht of tallest ro osed structure in feet. N/A (Existing TowerHeight is170 feet 1'. Linear feet of frontage along a public street or thorou ghfare that the project will occupy? N/A Specify what type of natural material (i.e., rock, earth, etc.)and how much will be removed from the site: or added to the site: N/A Specify hat type of vegetation (trees, shrubs, ground cover) and how much will be removed from the site: acres: type of vegetation: N/A 4. Will any mature trees orother locally important vegetation be removed for thisproject? N/A 5. Are there any plans for re-vegetation toreplace vegetation removed during construction? A 6. If single-phase project, anticipated period of construction: months (including demolition) A 7. If multi-phased project, anticipated period of construction: months (including demolition) N/A 7a. Total number of phases anticipated: 7b. Anticipated date of commencement for first phase: month year(includingdemolition 7c. Approximate completion date of final phase: month year. 7d. Is phase one financially dependent on subsequent phases? Yes o /A 8. Will blasting occur during construction? Yes o /A If yes, explain: N/A 9. Number of jobs generated during construction: After project is completed: N/A 10. Number of jobs eliminated by this project: Explain: N/A 11. Will project require relocation of any projects or facilities9[3Yes Q o[3N/A If yes, explain: 12a. Is surface or subsurface liquid waste disposal involved9DYes Q o ON/A; if yes, explain: _ 12b. If#12a is yes, indicate type of waste (sewage, industrial, etc): 12c. If surface disposal, where specifically will effluent be discharged? 13. Will surface area of existing lakes, ponds, streams, or other surface waterways be increased or decreased by proposal? ayes 0 o[3NUA If yes, explain: 14a. Will projector any portion of project occur wholly or partially within or contiguous to the 100-year flood plain? ®Yes ONo FE N/A PROJECT DESCRIPTION concluded 14b. Does project or any portion of project occur wholly or partially within or contiguous to: Cayuga Inlet all Creek, Cascadilla Creek, Cayuga Lake, Six Mile Creek, or Silver Creek?(Circle all thatapply.) 14c. Does project or any portion of project occur wholly or partially within or contiguousto wetlands as described in Article 24 of the ECL? ®Yes Io a] /A; 114d. If#14a., b., or c. is yes, explain: 15a. Does project involve disposal of solid waste? ©Yes Uio 0 /A 15b. If#15a. is yes, will an existing solid waste disposal facility be used?es o A 15c. If#I 5b. is yes, give name of disposal facility: and its location: 8d. Will there be any wastes that will not go into a sewage disposal system or into a sanitary landfill? Yes o A If yes, explain: 15e. Will any solid waste be disposed of on site? ®Yes ONo ONUA If yes, explain: 16. Will project use herbicides or pesticides? ©Yes ONo 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 [3No QN/A; if yes, explain: 18. Will project produce odors? Wes 0 aN/A If yes, explain: 19. Will project product operating noise exceed the local ambient noise level during construction? Myes Mo M/AAfter construction?®Yes Mo ON/A 0. Will project result in an increase of energy use?©Yes OIo [E]N/A if yes, indicatetype(s): ki. Total anticipated water usage per day in gals./day: Source of water:N/A C. ZONING AND PLANNING INFORMATION 1. Does the proposed action involve a planning or zoning decision? M es ONo M/A If yes, indicate the decisionrequired: Zoning Amendment [3 Zoning Variance ©New/Revision of Master Plan Subdivision Site Plan Special Use Permit ©Resource Management Plan ©Other: What is the current zoning classification of site? R-3b 3. If the site is developed as permitted by the rpesentzoning,what is the maximum potential development? Is proposed use consistent with present zoning? ©Yes 0 o ON/A 5. If#4 is no, indicate desired zonin_- Reduction in fell wine for existing telecommunications tower 16. If the site is developed by the proposed /ommg. vvhm is thr maximumpotential development of the 7. Is the proposed action consistent with the recommended uses in adopted local land-use plans? X es Mo M/A If no, explain: 8. What is the dominant land use and zoning classification within a '/4 mile radius of the project? e.g.,R-la or R-lb)I-1 (Emerson),P-1 (South Hill School),Ithaca College,R2-a and R3-b. The project site is very near the City/Town municipal boundary. 9. Is the proposed action compatible with adjacent land uses? ©Yes Mo X /A Explain: P.10a. If th e proposed action is the subdivision of land, how many lots are proposed? What is the minimumlot size proposed?.__ 11. Will the proposed action create a demand for any community-provided services?(e.g., recreation, education, police, fire protection, etc.)? [3Yes E]No LN/A Explain: If yes, is existing capacity sufficient to handle projected demand? ©Yes [Ilo MNUA Explain: 12. Will the proposed action result in the generation of traffic significantly above present levels? Yes Dlo A If yes, is existing road network adequate to handle additional traffic? 01yes QNo Lzi /A Explain: D. APPROVALS 1. Approvals: Adoption by Common Council a. Is any Federal permit required? ®Yes MNo a/A Specify: b. Does project involve State or Federal funding or financing?©Yes [E7]No a/A If Yes, Specify: c. Local and Regional approvals: Type of Submittal Approval Agency Yes or No Approval Required Date Date Common Council X Adoption 2/10/16 Board of Zoning Appeals BZA Planning& Development Board Ithaca Landmarks Preservation Commission ILPC Board of Public Works BPW Fire Department Police Department Bui ing Commissioner Ithaca Urban Renewal Agency IURA 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 proposeto mitigate oravoid them. F. VERIFICATION I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name: JoAnn Cornish Signature: Title: City of Ithaca Director of Planning and Development END OF PART 1 Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACT ON LAND 1. Will there be an effect as a result of a physical change to project site? Yes ®No Any construction on slopes of 15% or greater(15-foot rise per 100 feet of length)or where general slope in the projectexceeds Yes No 10%. Construction on land where depth to the water table is less than ElEl Yes NO3feet. Construction of parking facility/area for 50 or more vehicles. Yes NO Construction on land where bedrock is exposed or generally El Yes [:1 Nowithin3feetofexistinggroundsurface. Construction that will continue for more than 1 year or involve El Yes [:1 Nomorethanonephaseorstage. Evacuation for mining purposes that would remove more than 1:1 El Yes [:1 No1,000 tons of naturalmaterial (i.e., rock or soil) per year. Construction of any new sanitary landfill. Yes No Construction in designated floodway. Yes NO Other impacts (if any): Yes No 2. Will there be an effect on any unique land forms found on the site (i.e., cliffs, gorges, geological formations, etc.)? Yes ® No Specific land forms (if any): Yes No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone ImpactImpact Project Change? IMPACT ON WATER 3. Will project affect any water body designated as protected (under article 15 or 24 of EnvironmentalConservation Law, E.C.L.)? Yes ® No Developable area of site contains protected water body. Yes No Dredging more than 100 cubic yards of material from channel of 1:1 El Yes [:1 Noprotectedstream. Extension of utility distributionfacilities through protected water Yes NO body. Construction in designated freshwater wetland. Yes NO Other impacts(ifany): Yes No 4. Will project affect any non-protected existing or new body of water? Yes ® No A 10% increase or decrease in surfaceareaof any body of El El Yes NOwaterormorethan10,000 sq. ft. of surface area. Construction, alteration, or conversion of body of water that 1:1 El Yes [:1 Noexceeds10,000 sq.ft. of surface area. Fall Creek, Six Mile Creek, Cascadilla Creek, SilverCreek, Yes NoCayugaLake, or Cayuga Inlet? Other impacts (if any): Yes No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone ImpactImpact Project Change? IMPACT ON WATER(cunt.) 5. Will project affect surface or groundwater quality? Yes ® No Project will require discharge permit. Yes NO Project requires use of source of water that does not have 1:1 El Yes [:1 Noapprovaltoserveproposedproject. Construction oroperation causing any contamination of a public 1:1 El Yes [:1 Nowatersupplysystem. Project will adversely affect groundwater. Yes NO Liquid effluent will be conveyed off the site to facilities which do 1:1 El Yes El Nonotcurrentlyexistorthathaveinadequatecapacity. Project requiring a facility that would use water in excess of 1:1 El Yes [_1 No20,000 gallons per day or500 gallons per minute. Project will likely causesiltation or other discharge into an existing body of water to the extent thatthere will be an obvious Yes NO visual contrast to natural conditions. Proposed action will require storage of petroleum or chemical 1:1 El Yes NOproductsgreaterthan1,100 gallons. Other impacts (if any): Yes No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone ImpactImpactProject Change? IMPACT ON WATER(cont.) 6. Will project alter drainage flow, drainage patterns, or surfacewater runoff? Yes No Project would impede floodwater flows. Yes No Project is likely to cause substantialerosion. Yes No Project is incompatible with existing drainage patterns. Yes NO Other impacts, (if any): Yes No IMPACT ON AIR 7. Will project affect air quality? Yes ® No Project will induce 500 or more vehicle trips in any 8-hour period ElEl Yes [:1 Noperday. Project will result in the incineration of more than 2.5 tons of 1:1 El Yes NO refuse per 24-hourday. Project emission rate of all contaminants will exceed 5 lbs. per hour or a heat source producing more than 10 million BTUs per Yes No hour. Other impacts (if any): Yes No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACTS ON PLANTS AND ANIMALS 8. Will project affect any threatened or endangered species? Yes ® No Reduction of any species, listed on NewYork or Federal list, 1:1 El Yes [:1 Nousingthesite, found over, on, or near site. Removal of any portion of a critical or significant wildlife habitat. Yes NO Application of pesticide or herbicide more than twice a year 1:1 El Yes [:JNootherthanforagriculturalpurposes. Other impacts(if any): Yes No 9. Will proposed action substantially affect non-threatened or non-endangered species? Yes ® No Proposed action would substantially interfere with any resident El El Yes NO or migratory fish, or wildlife species. Proposed action requires removal or more than '/acre of El El Yes NO mature woods or other locally important vegetation. Other impacts (if any): Yes No Revise CityZoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACT ON AESTHETIC RESOURCES 10. Will proposed action affect views, vistas, or visual character of the neighborhood or community? [:] Yes ® No Proposed land usesor proposed action componentsobviously different from, or in sharp contrast to, current surrounding land Yes NO use patterns, whether man-made ornatural. Proposed land uses or proposed action components visible to users of aesthetic resources which will eliminate or significantly Yes No reduce their enjoyment of aesthetic qualities of thatresource. Proposed action will result in elimination or major screening of 1:1 El Yes Noscenicviewsknowntobeimportanttothearea. Other impacts (if any): Yes No IMPACT ON HISTORIC ANDARCHAEOLOGICAL RESOURCES 11. Will proposedaction impact any site or structure ofhistoric, 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 Yes NO National or State Register of Historic Places. Any impact to an archaeological site or fossil bed located within 1:1 El Yes El Notheprojectsite. Proposed actionoccurring wholly or partially within, or contiguous to, any site designated as a local landmark or in a Yes NO landmark district. Other impacts (if any): Yes No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone ImpactImpact Project Change? IMPACT ON OPEN SPACE AND RECREATION 12. Will the proposedactionaffect the quantity or quality of existingor future open spaces, or recreational opportunities? Yes ® No The permanent foreclosure of a future recreational opportunity. Yes NO A major reduction of an open space important to the community. Yes No Other impacts(if any): Yes No IMPACT ON UNIQUE NATURALAREAS OR CRITICAL ENVIRONMENTAL AREAS 13. Will proposed action impact the exceptional or unique characteristics of a site designated as a unique natural area (UNA) or a critical environmental area (CEA) by a local or state agency? Yes ® No Proposed action to locate within a UNA or CEA? Yes NO Proposed action will result in reduction in the quality of the 1:1 El Yes [:1 Noresource. Proposed action will impact use, function, or enjoyment of the 1:1 El Yes [:1 Noresource. Other impacts (if any): Yes No Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone ImpactImpact Project Change? IMPACT ON TRANSPORTATION 14. Will there be an effect to existing transportation systems? Yes ® No Alteration of present patterns of movement of people and/or 1:1 El Yes NOgoods. Proposed action will result in major traffic problems.Yes NO Other impacts: Yes No IMPACT ON ENERGY 15. Will proposed action affect community's sources of fuel or energy supply? Yes No Proposed action causing greater than 5% increase in any form F1 Yes NOofenergyusedinmunicipality. Proposedactionrequiringcreation or extension of an energy transmission or supply system to serve more than 50 single-or Yes No two-family residences. Other impacts (if any): Yes No Small-to- Potential Can Impact Be Moderate Large Reduced by Impact Impact Project Change? IMPACT ON NOISE AND ODORS 16. Will there be objectionableodors, noise, glare, vibration, or electrical disturbance during construction of, or after completion of, this proposed action? Yes ® No Blasting within 1,500 feet of a hospital, school, or other sensitive 1:1 1:1 Yes NOfacility? Odors will occur routinely(more than one hour per day). Yes No Proposed action will produce operating noise exceeding local 1:1 El Yes Noambientnoiselevelsfornoiseoutsideofstructure. Proposed action will remove natural barriers that would act as El El Yes El Nonoisescreen. Other impacts (if any): Yes No IMPACT ON PUBLIC HEALTH 17. Will proposed action affect public health and safety? ® Yes No Proposedactionwillcause risk of explosion or release of hazardous substances(i.e., oil, pesticides, chemicals, radiation, E] El Yes [:1 Noetc.) in the event of accident or upsetconditions, or there will be chronic low-level discharge or emission. Proposed action may result in burial of"hazardous wastes" in Yes No any form i.e., toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Proposed actionmay result in excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or Yes NO hazardous wastes. Proposed action will result in handling ordisposal or hazardous wastes (i.e., toxic, poisonous, highly reactive, radioactive, El El Yes El Noirritating, infectious, etc., including wastes that aresolid, semi- solid, liquid, orcontain gases). Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact 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 1:1 El Yes [:1 Noresidential, commercial, or industrialproperty in excess of 30,000 square feet. Other impacts (if any): See Pali 3 Yes No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 18. Will proposed action affect the character of the existing community? Yes ® No The population of the city in whichtheproposedaction is located is likely to grow by more than 5%of resident human Yes NO population. The municipal budgets for capital expenditures or operating services will increase by more than 5% per year as a result of Yes No this proposed action. Proposed action will conflict with officially adopted plans or 1:1 El NO goals. Proposed action will cause a change in the density of land use. Yes NO Proposed action will replace or eliminate existing facilities,1:1 El Yes NOstructures, or areas of historicimportance to the community. Development will create demand for additional community Yes NO services(e.g., schools, police, and fire, etc.) Proposed action will set an important precedent for future Yes NO actions. Proposed action will relocate 15 or more employees in one or 1:1 El Yes [:1 Nomorebusinesses. Revise City Zoning Ordinance,Article VA, Small-to- Potential Can Impact Be Telecommunications Facilities and Services"to Lower Moderate Large Reduced by Required Fall Zone Impact Impact Project Change? IMPACT ON GROWTH AND CHARACTER OF COMMUNITYORNEIGHBORHOOD(coat.) Other impacts(if any): Yes No 19. Is there public controversy concerning the proposedaction? Yes ® No Unknown If any action in Part 2 is identified as a potential large impact, or if you cannot determine the magnitude of impact, proceed to Part 3— BACK-UP ITEM 10.4 City of Ithaca FULL ENVIRONMENTAL ASSESSMENT FORM - Part III Request to Revise City Zoning Ordinance,Article VA,"Telecommunications Facilities and Services"to Lower Required Fall Zone,April 6,2016 (Prepared by J. Cornish, Director of Planning and Development) PROJECT DESCRIPTION The City is considering revising City Zoning Ordinance, Article VA, "Telecommunications Facilities and Services" (hereafter referred to as "TCO"), Section 325-29.9. A. (1) concerns the fall zone setback requirements forTier III telecommunications facilities and applies to the siting of towers, monopoles, and lattice structures. The area of a fall zone is where: "No habitable structureor outdoor area wherepeople congregate shall be within a fall zone of two times the height of the PWSF [personal wireless service facility] or its mount." Currently the City has one existing telecommunications tower located at 815 South Aurora Street. The tower is on a 2.5-acre parcel and has an estimated height of 170 feet. In accordance with the existing ordinance, this would require any development to be outside a radius of 340feet from the base of the tower. The proposed revision to the zoning ordinance is to reduce the fall zone to 120% of the height of the tower, the distance the cell tower will actually fall based on two engineering reports submitted to the city, (available upon request) which state that in the worstsituation, if all three-guy wires supporting the tower fail, the tower's fall will be equal to the tower's height, or 170 feet and that a debris field may extend beyond the collapsed tower an additional 10-15 feet. Cell Tower Fall Zone - Existing & Proposed IMPACT ON LAND With the existing fall zone, (340')the parcel cannot be developed. If the fall zone were reduce to 120%(170') it would leave developable land outside the proposed fall zone. Should the ordinance be revised and a development project proposed, the project would be subject to site plan review, which would include environmental review. IMPACT ON WATER No Impact anticipated IMPACT ON DRAINAGE No Impact anticipated IMPACT ON AIR No Impact anticipated IMPACT ON PLANTS AND ANIMALS No Impact anticipated IMPACT ON AESTHETIC RESOURCES Normally,the addition of a cell tower would impact aesthetics. However, this cell tower alreadyexists and is not likely to be removed any time in the near future. The tower is currently located on an asphalt parking lot adjacent to lawn area on three sides and Route 96B on the fourth side. The tower can be seen from many areas of the City and has a negative impact on views of South Hill as well as from South Hill to the north where one can see panoramic views of Cayuga Lake and the distant hills. Several buildings exist in the fall zone that is currently regulatedby the Telecommunications Ordinance (340 feet). The addition of buildings and especially landscaping within the proposed fall zone of 170 feet will lessen the visual impact within the immediate vicinity of the cell tower but will have little to no impact on other longer distance views. IMPACT ON HISTORIC RESOURCES No Impact anticipated IMPACT ON OPEN SPACE AREA No Impact anticipated IMPACT ON TRANSPORTATION No Impact anticipated IMPACT ON ENERGY No Impact anticipated IMPACT ON NOISE AND ODORS No Impact anticipated IMPACT ON PUBLIC HEALTH The tower at 815 South Aurora Street is a non-conforming structure and would not be allowed under current zoning. The originaltower was erected many years ago and residential buildings are within 180 feet of the tower and will be impacted if the tower fails. If the tower wereto fall in a southerly direction, it would likely hit an existing apartment building. Were itto fall in a northerly direction, it would demolish the telecommunications facility building, including the exterior fueltank located on its southern wall, and fall onto the concrete building on site. Were it to fall in a westerly direction, it would fall across Route 96B,taking downpower lines. Because of the tower's sizeand weight, an hin it hits will likel be severely damaged. Several structural analysis reports fromNew York State Licensed Engineering firms have been completed over the past severalyears. Theyinclude: Towerkraft Engineering, P.C. Design and Analysis of Communication Structures, Prepared by Steven Fehlhafer, P.E. and reviewed and certified by Alvin Kraft, P.E., August 14, 2007, Towerkraft Engineering, P.C. Design and Analysis of Communication Structures, Prepared by Steven Fehlhafer, P.E. and reviewed and certified by Alvin Kraft, P.E., May 29, 2008, TaitemEngineering, Letter/Report prepared by Javier E. Rosa, P.E., Partner and Senior Engineer, StructuralDepartment, certifying the fall zone for the existing guy wiretower located at815 S. Aurora Street, dated January 15, 2015, SPEC Consulting, Letter/Report preparedby Gary Bush, P.E., for the Tower Fall Zone, Cell Phone Tower, 815 S. Aurora Street, Ithaca,NY, dated February 3, 2016, Bennett& Pless, Structural Analysis Report, 170 ft. Guyed Tower, 815 South Aurora Street, Ithaca NY, preparedby Michael T. DeBoer, P.E. Sr. Technical Director, Telecom, dated February 4, 2016. All reports available upon request in the City of Ithaca Planning Department.) Findings in the reports varied slightly butconcluded: The tower height is 170 feet and has a steel lattice frame. The tower is supported at its base by a single point in a ball-and-socket configuration which allows rotational motion of the tower at the connection point and prevents undue stresses whichwould be present if this were a rigid connection. The tower is held upright by a set of guy wires which are anchoredto concrete foundations set into the ground and sized toresistthe wind loads expected by the tower and its appurtenances. The fall zone would be equalto the height of the tower. The debris field may extendbeyond the collapsed tower an additional 10-15 feet although the engineering reports state this is unlikely because the communication components attached to the tower can withstand higher loads, and most likely will remain attached to the tower frame during and after collapse. Analysis was performed with a 70 MPH basic wind speed (thedesignated wind speed for Tompkins County, NY)as stated by ANSIEIA/TIA designstandard 222-F (Electronic Industries Association Structural Standards for Steel Antenna Tower and Antenna Supporting Structures)and included loading of all tower members with an accumulation of of radial ice accumulation. The tower is at or slightly above its capacity andat its maximum height perits structural load. Based on the structural capacity of the structure,the tower cannot physically go any higher. Therefore, reconstruction of the tower base would be required. Geotechnical information was not available so actual soil properties are not known. Assumptions were made that the soiltype was "normal" and that the bearing pressure at the base is not considered a risk to failure since safety factors are included in the determination of allowable bearing capacity. Thereports did not investigate the potential hazards of burning and falling antenna arrays igniting nearby trees or buildings. IMPACT ON GROWTH AND CHARACTER OF COMMUMITY OR NEIGHBOORHOOD No Impact anticipated 10.5 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 164, Entitled "Dons and Other Animals" To Prohibit the Feeding of Waterfowl on City Property WHEREAS, theCityhas been struggling with considerable human-wildlife conflict resulting from a burgeoning geesepopulation on habitable lands, and WHEREAS, the conflict betweenpeople and waterfowl is particularly pronounced on the City's playing fields and parklands where people like to recreate, and WHEREAS, feedingof waterfowl contributes to the concentration ofsuch birds in areas frequented by the public by encouraging birds to congregate for food, and WHEREAS, feeding ofwaterfowl can be detrimental to their healthas waterfowl can suffer from nutritional disorders, suchas calcium deficiencies and bone disease, as a result of the poor quality of food like bread andcorn that is typically fed to geese in public settings, and WHEREAS, feeding ofwaterfowl causes behavioral changes in the geese by decreasing their fear of humans and encouraging to remain in locations where public feeding is takingplace, and WHEREAS, the concentration of waterfowl can be destructive to lawns and can interfere with the planned use of parklands, and the resultant quantities offeces can createpublic health concerns and reduce the aesthetic and recreational value of parks and other public property; now, therefore, ORDINANCE NO. 2016- BE IT ORDAINED AND ENACTED by the CommonCouncil of the City of Ithaca that Chapter 164 of the Municipal Code of the City of Ithaca be amended as follows: Section 1. Chapter 164 of the Municipal Code is hereby amended to add a new Article to be inserted as Article III, Waterfowl. Section 2. Chapter 164, Article III is hereby created to read as follows: Article III: Waterfowl 164-21 Applicability. This article shall apply to all areas of the City of Ithaca. 164-22 Definitions. As used in this article, the following words shall have the meanings indicated: WATERFOWL Members of any and all species of wild and domestic aquatic birds, including but not limited to ducks, geese, and swan. 4164-23 Feeding prohibited. It shall be unlawful to provide feed, including, but not limited to, bread, corn, and other grains, to any waterfowl on public property. It shall be unlawful to provide feed, including, butnotlimited to, bread, corn, and other grains, to any waterfowl on private property without the prior approval of the owner of such property. 4164-24 Enforcement; appearance ticket. All police officers in the City shall administer and enforce the provisions of this article and for suchpurposeshall have the authority to issueappearance tickets. 164-25 Penalties for offenses. Except as provided in the Agriculture andMarketsLaw, a violation of this article constitutes a civil offense punishable in accordance with $1-1 of the City of Ithaca Municipal Code. These penalties shall be in additionto any other penalties Provided by law. 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 ofcompetent jurisdiction, then that decision shall not affect the validity of the remaining portions of thisordinance. Section 3. Effective date. This ordinance shall takeeffect immediately and in accordance with law upon publication ofnotices as provided in the Ithaca City Charter. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Public Art Commission - Resolution RESOLVED, That Carol Mallison be appointed to the Public Art Commission to fill a vacancy with a term to expire June 30, 2019.