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HomeMy WebLinkAbout07-03-19 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, July 3, 2019, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Reports of Municipal Officials 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau – Request to Amend 2019 Youth Bureau Budget - Resolution 8.2 Youth Bureau - Request to Amend 2019 Youth Bureau Budget - Resolution 8.3 Brindley Street Bridge Replacement Project - Resolution 8.4 Fire Department - Request to Amend Capital Project #861 – Ithaca Fire Department (IFD) Aerial Truck Replacement – Resolution 8.5 Youth Bureau – Approval of Recreation Partnership Board By-Laws - Resolution 8.6 Youth Bureau- Authorization to Apply for a New York State Consolidated Funding Application Grant for the Cass Park Rink Enclosure Project - Resolution 9. CITY ADMINISTRATION COMMITTEE: 9.1 Community Housing Development Fund, Round #17 - Authorization for Disbursement of Funds Pursuant to an Executed Memorandum of Understanding (MOU) - Resolution 9.2 Department of Public Information and Technology Proposal to Migrate the City’s E-mail System to the Microsoft Cloud - Resolution 9.3 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code entitled “Vehicles, Removal of” 9.4 Support & Authorization for New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant Pertaining to Biosolids - Resolution Common Council Meeting Agenda July 3, 2019 Page 2 9. CITY ADMINISTRATION COMMITTEE (Continued): 9.5 Support & Authorization for New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant for Inflow and Infiltration Project - Resolution 9.6 City Controller’s Report 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code Entitled “Zoning”- Article III, Entitled “Special Conditions and Special Permits” 10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning” To Amend §325-8, Entitled “District Regulations”, for the R-3 Zoning District 10.3 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code Entitled “Zoning” To Amend §325-19 Entitled “Transition Regulations” 10.4 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning” To Amend §325-40, Entitled “Board of Appeals; Variances” 10.5 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and Related Sections” – Declaration of Lead Agency for Environmental Review - Resolution 10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and Related Sections” – Determination of Environmental Significance - Resolution 10.7 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Establish Minimum Story Height Requirements in all CBD Districts and Minimum Stepback Requirements for Properties on the, 300, 400, and 500 Blocks of West State Street A. Declaration of Lead Agency – Resolution B. Determination of Environmental Significance – Resolution C. Adoption of Ordinance 10.8 City of Ithaca Proposed Planned Unit Development Application (PUD): Ithaca Neighborhood Housing Services (INHS) Redevelopment of the Former Immaculate Conception School -Common Council Conditional Approval – Resolution 10.9 Request for Authorization to Apply for New York State Consolidated Funding Application Grants for the City Harbor Promenade Project - Resolution 10.10 A Resolution in Support of Evaluating the Feasibility of Establishing a Joint City and County Public Safety Facility 10.11 Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting, Inspection, and Related Services for the Cornell University North Campus Residential Expansion - Resolution Common Council Meeting Agenda July 3, 2019 Page 3 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the May 3, 2019 Common Council Meeting Minutes – Resolution 18.2 Approval of the June 5, 2019 Common Council Meeting Minutes – Resolution 19. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. Out of consideration for the health of other individuals, please refrain from using perfume/cologne and other scented personal care products at City of Ithaca meetings. Thank you for your cooperation and understanding. “This meeting can viewed via livestream on https://ithacany.viebit.com/” ______________________________ Julie Conley Holcomb, CMC City Clerk Date: June 27, 2019 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Youth Bureau – Request to Amend 2019 Youth Bureau Budget - Resolution WHEREAS, the Ithaca Youth Bureau has applied for funding through the Joint Youth Commission and will be receiving $72,945 in new funding for the Youth Employment Summer (YES) Jobs Program; and WHEREAS, the goal of this program is to provide short-term subsidized internships for eligible teens needing assistance in securing employment; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue A7310-2350-1202 Youth Employment Service $71,945 A7310-2350-1400 Administration 1,000 $72,945 Increase expenses A 7310-5120-1202 Part time/Seasonal $60,558 A 7310-5425-1202 Office Supplies 1,320 A7310-5445-1202 Travel & Mileage 636 A7310-5460-1202 Program Supplies 1,330 A7310-5425-1400 Office Expense 1,000 A7310-9030-1202 FICA/Medicare 4,633 A7310-9040-1202 Workers’ Compensation 3,028 A7310-9060-1202 Health Insurance 440 $72,945 Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Beverly Stokes, Youth Employment Service Program Coordinator Liz Vance, Director Re: Youth Bureau Budget Amendment Date: June 10, 2019 We have been advised, by the Joint Youth Commission and the Town of Ithaca that we will receive $72,945 in funding for the Joint Youth Commission First-Time Work Program. We are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2019 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from the Town of Ithaca Account # A7310-2350-1202 Youth Employment Service $71,945.00 Account # A7310-2350-1400 Administration $1,000.00 Total $72,945.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $60,558.00 Account # A 7310-5425-1202 Office Supplies $1,320.00 Account # A 7310-5445-1202 Travel & Mileage $636.00 Account # A 7310-5460-1202 Program Supplies $1,330.00 Account # A 7310-5425-1400 Office Expense $1,000.00 YES Fringe Benefits Participants $46,620.00 x 12.65% $5,897.00 Other PTS (Staff) $13,938 x 15.81% $2,204.00 Total $72,945.00 Thank you. 8.2 Youth Bureau - Request to Amend 2019 Youth Bureau Budget - Resolution WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Development Board and will be receiving $181,998 in new funding for the Tompkins Summer Youth Employment Program; and WHEREAS, the goal of this program is to provide short-term subsidized internships for low-income eligible teens needing assistance in securing employment; now, therefore be it RESOLVED, That Common Council hereby amends the 2019 Youth Bureau budget contingent upon confirmation of funding as follows: Increase anticipated revenue A7310-4820-1202 Youth Employment Service $176,959 A7310-4820-1400 Administration 5,039 $181,998 Increase expenses A 7310-5120-1202 Part time/Seasonal $147,863 A 7310-5425-1202 Office Supplies 4,000 A 7310-5445-1202 Travel & Mileage 800 A 7310-5460-1202 Program Supplies 5,000 A 7310-5437-01400 Merchant Services 2,000 A 7310-5440-01400 Staff Development 1,000 A 7310-5425-01400 Office Expense 1,000 A 7310-5476-01401 Equipment Maintenance 1,039 A7310-9030-1202 FICA/Medicare 11,312 A7310-9040-1202 Workers’ Compensation 7,394 7310-9060-1202 Health Insurance 590 $181,998 “An Equal Opportunity Employer with a commitment to workforce diversification.” Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Beverly Stokes, Youth Employment Service Program Coordinator Liz Vance, IYB Director Re: Youth Bureau Budget Amendment Date: June 10, 2019 We have been advised, by the Tompkins County Workforce Development Board that we will receive $181,998 in funding for Tompkins Summer Youth Employment Program. We are pleased that we may be able to offer summer employment to additional teens this summer. We would like to amend the 2019 Youth Bureau budget, contingent upon confirmation of funding, as follows: Increase anticipated revenue from Tompkins County Workforce Development Board Account # A7310-4820-1202 Youth Employment Service $176,959.00 Account # A7310-4820-1400 Administration $5,039.00 Total $181,998.00 Increase expenses: Account # A 7310-5120-1202 Part time/Seasonal $147,863.00 Account # A 7310-5425-1202 Office Supplies $4,000.00 Account # A 7310-5445-1202 Travel & Mileage $800.00 Account # A 7310-5460-1202 Program Supplies $5,000.00 Account # A 7310-5437-01400 Merchant Services $2,000.00 Account # A 7310-5440-01400 Staff Development $1,000.00 Account # A 7310-5425-01400 Office Expense $1,000.00 Account # A 7310-5476-01401 Equipment Maint. $1,039.00 YES Fringe Benefits Participants $129,166 x 12.65% $16,340.00 Other PTS (Staff) $18,698 x 15.81% $2,956.00 Total $181,998.00 Thank you. 8.3 Brindley Street Bridge Replacement Project - Resolution WHEREAS, a Project for the Brindley Street Bridge Replacement over Cayuga Inlet , P.I.N. 375611 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds; and WHEREAS, the project involves the construction of a new roadway and bridge on a relocated horizontal alignment that will connect Taber Street with the West State Street/Taughannock Boulevard intersection; and WHEREAS, on June 7, 2018, Common Council approved total project authorization of $4,482,000; and WHEREAS, On June 18, 2019, an additional $367,840 in project funding was made available by New York State Department of Transportation (NYSDOT) for Construction and Construction Inspection Phases; and WHEREAS, the amended project budget is projected to be $4,849,840, and the current City authorization is sufficient to match the additional federal aid; now, therefore be it RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 30.9% of said portion, currently estimated at $1,498,602 of the $4,849,840 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller; and, be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and, be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible; and, be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and, be it further RESOLVED, This Resolution shall take effect immediately; and, be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project. CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 DEPARTMENT OF PUBLIC WORKS Michael J. Thorne, P.E. Superintendent Telephone: 607/274-6527 Fax: 607/274-6587 “An Equal Opportunity Employer with a commitment to workforce diversification.” MEMORANDUM TO: City Administration Committee FROM: Addisu Gebre, Bridge Systems Engineer DATE: June 12, 2019 RE: Brindley St Bridge Project, CP#764 Please find attached a resolution seeking Common Council authorization to amend the budget for Brindley Street Bridge Replacement Project. The resolution requests Common Council to pay in the first instance 100% of the Federal and non-Federal share of additional funding made available to the project by NYSDOT. On June 7, 2018, Common Council approved total project authorization of $ 4,482,000, and on June 18, 2019, NYSDOT reallocated $459,800 (80% Federal [$367,840] and 20% Local Share [$91,960]) earmarked fund from S Cayuga Street Sidewalk Improvement Project to Brindley Street Bridge Project. The earmarked fund was never obligated, and the city would lose the funding unless it is reallocated to Brindley Street Bridge project before the end of this fiscal year. The additional funding will be used to cover the cost of participation in construction and construction inspection, and the current City authorization is sufficient to match the additional federal aid. As a result of the funding type, the city will only be allowed to spend the additional funding on pedestrian amenities which will free up funds from the original budget for more contingency and to potentially expand the project scope, for example, by allowing for more pavement restoration on Taber Street. If you have any questions, please call me @ 607-274-6530 or email me agebre@cityofithaca.org cc: Tim Logue, Director of Engineering Services 8.4 Fire Department – Request to Amend Capital Project #861 – Ithaca Fire Department (IFD) Aerial Truck Replacement - Resolution WHEREAS, as part of the approved 2019 City Budget, Common Council authorized a capital project in the amount of $1,326,000, including financing costs, to replace an aerial platform truck that was purchased in 1999; and WHEREAS, through the process of specifying and pricing a new aerial platform truck, it has been determined that the cost of a new aerial platform truck will be $1,330,000, plus financing costs of $15,000; and WHEREAS, many of the increased costs were unforeseen in 2018 when the project was proposed; and WHEREAS, specifications for a new aerial platform truck are nearly equivalent to the 1999 aerial platform truck; and WHEREAS, the Fire Chief and the Apparatus Specifications committee can find no other savings that could reduce the costs to the original authorization; now, therefore be it RESOLVED, That Common Council hereby approves the amendment to Capital Project #861 IFD Aerial Truck Replacement in an amount not to exceed $19,000, for a total project authorization of $1,345,000 for the purchase of a new aerial platform truck; and, be it further RESOLVED, That funds necessary shall be derived from the transfer of funds from Capital Reserve #15 Fire Engine Replacement, in an amount not to exceed $19,000 to Capital Project #861; and, be it further RESOLVED, That the Town of Ithaca will be requested to contribute to the acquisition of said vehicle, per the existing fire services agreement. Memo To: Common Council From: Tom Parsons, Fire Chief Date: June 7, 2019 Re: Amendment of Capital Project #861 In 2018, I submitted a Capital Project request to replace our 1998 Aerial Platform Truck. The estimated cost of the project was $1,300,000. Common Council approved the project for FY 2019. Since January, our Apparatus Committee has been working with Seagrave Manufacturing on specifying a replacement aerial platform truck. The contract with Seagrave has been through the Houston Galveston Area Council’s Interlocal Contract Program. Seagrave was selected based on its ability to provide a stainless steel body and cab. It has a reputation for providing durable and long lasting fire apparatus. Seagrave is a supplier of fire apparatus across the United States, including NYC, and Washington DC. The Apparatus Committee has been working with Seagraves on specifications and pricing for an aerial platform truck that is comparable to our 1999 Aerial Platform Truck. However, after months of work, the cost for the truck has come in at $60,000 over our 1.3 million dollar budget. Some of the reasons for the cost increase is the higher cost of steel and an increase in the cost of components. For example, we are purchasing a more costly suspension due to the need for a more durable suspension that can sustain the forces of rough roads. Our current 1999 Aerial Platform suffered major suspension component failure three times since it was purchased. There was also an increase in cost for the motor, as the manufacturer is required to provide an engine that is compliant with the most recent EPA emissions standards. We are also spending more for corrosion resistant treatments to non - stainless steel components such as the frame rails which are formed out of non-stainless steel. Our fire apparatus that was purchased in 1999, 2000, 2001 and 2009, have had problems with corrosion of the frame rails. In 2013, we specified that all new apparatus treated with additional corrosion resistance. I have looked into other manufacturers for lower costs. Unfortunately, we can purchase a lower cost aerial platform truck, but the cab and body would be constructed out of extruded aluminum. The concern with using aluminum is that we will have corrosion issues within ten years of owning the truck. While we would save money on the purchase, we would likely spend more money in later years to address the corrosion issues with aluminum bodies and cabs. 8.5 Youth Bureau – Approval of Recreation Partnership Board By-Laws - Resolution WHEREAS, the Recreation Partnership has successfully supported shared recreation programming for youth in Tompkins County for more than 18 years; and WHEREAS, the Recreation Partnership Board has updated the by-laws to reduce the membership term from two years to one year, to eliminate the Finance Committee, and to eliminate the Treasurer position and duties; and WHEREAS, the updated by-laws will support the current functioning of the Recreation Partnership Board; now, therefore be it RESOLVED, That Common Council hereby approves the Recreation Partnership Board by-laws as presented in the agreement. Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Liz Klohmann, Director Re: Resolution to approve the Recreation Partnership by-laws Date: 6/19/19 The Recreation Partnership, an inter-governmental partnership has updated the by-laws to reflect current functioning. Changes were made to the following sections. • IV membership: one-year terms instead of two-year terms • VII Officers: Eliminated the treasurer position • VIII Duties of Officers: Took out Treasurer duties • XII Committees: Eliminated the Finance Committee The reason for eliminating the treasurer and finance committee is that the RP has a contract for services with the Ithaca Youth Bureau (program provider). Board membership is changed from two-year terms to one year term to meet the request of municipalities. The RP requests that Council approve the newly updated by-laws. 8.6 Youth Bureau- Authorization to Apply for a New York State Consolidated Funding Application Grant for the Cass Park Rink Enclosure Project - Resolution WHEREAS, the Ithaca Youth Bureau recommends an application to the Environmental Protection Fund (EPF) Grant Program for Parks, Preservation and Heritage, Consolidated Funding (CFA) 2019 for the Cass Park Rink Enclosure Project on behalf of the City of Ithaca; and WHEREAS, The Cass Park Rink serves as the hub of all Cass Park facilities and programs, serves thousands of Ithaca-area residents, is a regional destination for programs and events on a year-round basis, and is widely recognized as a valuable public asset; and WHEREAS, the City has completed Phase 1 and Phase 2; Year 1 rink improvements, as recommended in structural and operational reports, of the planned 3 Phase renovation project; and WHEREAS the grant funds would enable the City to move forward with the help of the Friends of the Ithaca Youth Bureau (FOIYB) to complete Phase 2; Year 2 of the project, which will enclose Cass Park Rink as recommended for optimal operations; and WHEREAS, The Friends of the Ithaca Youth Bureau (FOIYB) has been actively fundraising in the community; now, therefore be it RESOLVED, That Common Council authorizes the Director of the City of Ithaca Youth Bureau to file an application for funds in an amount not to exceed $600,000 for the Cass Park Rink Enclosure Project from the New York State CFA, and upon approval of said request, to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the Cass Park Rink Project; and, be it further RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms and conditions of the Master Contract with OPRHP for such Cass Park Rink Enclosure Project. Ithaca Youth Bureau 1 James L. Gibbs Drive Ithaca, New York 14850 Phone: (607) 273-8364 Fax: (607) 273-2817 “Building a foundation for a lifetime.” To: City Administration Committee From: Liz Klohmann, Director Re: Resolution updated for CFA Grant Application Date: 6/7/19 The Ithaca Youth Bureau is re-submitting the Resolution for the 2019 application to the Consolidated Funding Area (CFA) program that was approved on May 1, 2019. The recently released guidelines increase the amount we are eligible to apply for from $500,000 to $600.000. This change can be found in the first Resolved. We also added to the first sentence of the second WHEREAS – “is a regional destination for programs and events on a year round basis”. We appreciate your patience as we prepare all the required documents for the application. 9. CITY ADMINISTRATION COMMITTEE: 9.1 Community Housing Development Fund, Round #17 — Authorization for Disbursement of Funds Pursuant to an Executed Memorandum of Understanding (MOU) - Resolution WHEREAS, the Community Housing Development Fund (CHDF) was established in 2009, and was renewed in 2015 by Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County; and WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF, and the City of Ithaca and Tompkins County each contribute $100,000; and WHEREAS, the Common Council determined that City contributions to the CHDF should be used solely to assist those projects located within the City of Ithaca; and WHEREAS, the Program Oversight Committee (PrOC), which includes three City appointees, reviews and recommends projects for awards, including the amount and funding source; and WHEREAS, the City of Ithaca Common Council retains authority to approve, modify or reject the PrOC’s recommendation for use of City funds; and WHEREAS, action to authorize disbursement of City funds requires prior completion of environmental review for housing projects; and WHEREAS, the recommended round #17 project for City funding has completed the environmental review by the City Planning and Development Board and is ready for Common Council action; and WHEREAS, the PrOC recommends the following affordable housing projects for funding: ; and Community Housing Development Fund Round #17 Recommended Funding Award Applican t Project # Units Municipality Funding ($1,000s) Cornel l Count y City Total INHS 402 S. Cayuga St. 4 for- sale (C) Ithaca 70 0 70 140 Totals 4 units 70 0 70 140 WHEREAS, pursuant to the MOU, Tompkins County administers the CHDF, including collection of contributions to the CHDF and distribution of funds to project sponsors; and WHEREAS, annual City contributions to the CHDF are placed in Restricted Contingency, now; therefore, be it RESOLVED, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $70,000 to Tompkins County for the following affordable housing project to implement recommended funding awards for rounds #17 of the Community Housing Development Fund: Project Name #1: 402 S. Cayuga Street Amount: $70,000 Applicant: Ithaca Neighborhood Housing Services, Inc. Project Summary: Construction of four for-sale townhouses at 402 S. Cayuga Street, Ithaca, NY. Two units will be sold To households up to 80% of the Area Median Income (AMI) and two to those up to 100% AMI ; and, be it further RESOLVED, That Common Council hereby transfers an amount not to exceed $70,000 from the 2019 contingency account A1990 to the following account: A8020-5435 Planning Contracts $70,000 ; and, be it further RESOLVED, That the $70,000 transferred will fund the $70,000 City portion of the City/County/Cornell Housing Trust for the above listed project; and, be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute a fiscal agency agreement with Tompkins County to implement this resolution. ! E E R ? : E - EE 1 E E i B EI e E eE E3 ;6 vc t! tl: t i,! ^:: s ;9:r!) 41 ;s EE rJ fp l; -I rE ;t3 BE; e t I 3 :a 1+ :.:a i ! ald c ! t a <E I . = Za!z <a , : l,!le, &: .3 >E !.E aa EEee : E e : t E E a n .B snZ -{ =a 5 2 G E e-o: 6t 2 e : E : ! ! E E I e Ev :::l 2 I I I t! "e E 4B t B6E ;-_: ie:i EE2: :€:es::E t 3iE:! 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E ,l z E _8 n 5 It i- 1E riIE; 5.E!- ie;5:::? i?€€lE r: sg!u 9: E E E ix I BEit E9 ee U al EI ;tI: 3E !xi! s = IE ?2 t 3! et3 c E-E j E ={ € E : er!ie E t = f, '! .i tl .: t a 1 7 il,.1 ,- ) :; 3 ; tl -a j ) v ;7,! rli ! : 2 e : ! a ! z_a x ! a ,= : a: l r d J Eq Jll*t 5: B 6I € I -t 5 I : 6 E = E P : : iI t I 3 9.2 Department of Public Information and Technology Proposal to Migrate the City’s E-mail System to the Microsoft Cloud - Resolution WHEREAS, the Department of Public Information and Technology is in the process of replacing the City’s Storage Area Network (SAN); and WHEREAS, as part of that project, the Department of Public Information and Technology had planned to migrate the City’s e-mail system to the cloud to better protect both the e-mail system and the SAN network, and has sized the SAN equipment accordingly; and WHEREAS, the migration of the e-mail system to the Cloud would provide additional capacity, resiliency, redundancy, and security for this primary communication resource; and WHEREAS, the existing e-mail server and the e-mail archive server have reached their end of life and extended support and are scheduled for replacement in 2020; and WHEREAS, the prior-year funding that was anticipated to complete this project is no longer available, and the Department of Public Information and Technology is only able to redirect $14,000 towards the $64,000 E-mail migration project costs; and WHEREAS, Capital Project #810 Citywide Computer and Software upgrades, established in 2015 for $121,000 and amended in April 2019 by $102,000 for the SA N replacement, has been fully expended; now, therefore be it RESOLVED, That Common Council hereby amends Capital Project #810 Citywide Computer and Software Upgrades by $50,000 for a total authorization of $273,000; and, be it further RESOLVED, That funds for said E-mail Migration Project shall be derived from an advance of $50,000 from the General Fund, with a later repayment by the issuance of serial bonds. “An Equal Opportunity Employee with a commitment to workforce diversification” CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 OFFICE OF THE CITY CLERK Telephone: 607-274-6570 Department of Public Information & Technology Fax: 607-274-6432 Julie Conley Holcomb, City Clerk www.cityofithaca.org M E M O R A N D U M To: Common Council From: Julie Conley Holcomb, City Clerk/Department of Public Information & Technology Date: June 10, 2019 Subj: Conversion of E-mail from Local Server to the Cloud The Department of Public Information and Technology is requesting $50,000 in funding to migrate the e-mail system to the Cloud. This is an important part of our SAN (Data Storage Network) Replacement Project that we have been planning since November 2018. Our intention was to use $76,000 in unexpended 2018 operational funds for this project, and two other projects; however, our request to encumber those funds was denied due to other pressing financial needs. E-mail is one of our highest priority resources. It is our primary communication tool and is utilized by nearly every city employee. The system continues to grow along with the workforce. It is the most data processing and storage intensive system on our SAN environment. When we purchased the new SAN, we sized it without the e-mail server because we anticipated having access to the funds targeted for the migration. The e-mail migration to the Cloud will also help to ensure that our SAN will run optimally by removing that level of pressure on it. These are expensive investments that require proactive preventative maintenance. If the e-mail server remains on premise, the system will be vulnerable to extended service outages, planned or unplanned. E-mail has been affected twice in the past few months due to networking issues. Our employees utilize e-mail/calendar/attachments/contacts in different ways and have become extremely reliant on this resource. Outages cause major operational disruptions and angst amongst our users. Migrating the e-mail system to the cloud provides greater levels of capacity, security, resiliency, and redundancy as Microsoft has multiple data centers and can mitigate service disruptions. The cloud also offers greater inbox capacities and allows users to send/receive larger attachments (which was a project funded for the 2019 operational budget). The current e-mail server has been in production since July 2014 and will reach the end of its extended support in January 2020. Similarly, the e-mail archive server is also at its end of life and is scheduled to be replaced in 2020. This migration will make those equipment replacements unnecessary. The e-mail archive server can be migrated to a virtual server and can remain on our SAN at no additional cost. The largest cost of this project is upgrading our Microsoft Licensing to the appropriate levels to include the Exchange Online Email accounts. These software licenses may require further adjustment in the future if the workforce continues to grow. The Department of Public Information and Technology has $14,000 available in its operating budget to offset the project costs. Please let me know if you have any questions and I’ll be happy to address them. 9.3 An Ordinance to Amend Chapter 317 of the City of Ithaca Municipal Code entitled “Vehicles, Removal of” ORDINANCE 2019 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Chapter 317 of the City of Ithaca Municipal Code is hereby amended as follows: § 317-1 Definitions. Towing Provisions The City of Ithaca shall follow the provisions of the Tompkins County, City of Ithaca, and New York State Police, Troop C, Zone 3, Tow Service Agreement. Said Guidelines shall be posted to the City website and filed in the City Clerk’s Office. Unless otherwise expressly provided, for the purpose of this chapter, the following words shall have the meanings herein indicated: ABANDONED VEHICLE A vehicle that has been left unattended, and has not moved in 72 hours on any public street, highway or parking facility. CITY The geographical area of the City of Ithaca. FOR HIRE Includes any incident where a fee, charge or other consideration is, directly or indirectly, imposed for towing, carrying or removing any vehicle, and shall be inclusive of repairs made on a towed vehicle for a consideration, although no charge is expressly imposed for the towing of such a vehicle. NONCONSENSUAL TOW The towing of a vehicle made at the request of someone other than the owner or operator of the vehicle towed. OPERATE Includes the control and direction of the use of a vehicle for towing from places within the City of Ithaca, for hire. PERSON Includes an individual, partnership, unincorporated association, corporation or other entity. TERMINAL Any place of business of a tow truck operator located within the County of Tompkins. TOWING The moving of a vehicle from public or private property by another vehicle for hire. TOW TRUCK A vehicle which is equipped with a crane, winch or similar device designed to raise, remove or carry a motor vehicle or the front or rear end thereof. TOW TRUCK OPERATOR Includes a person owning, leasing or controlling one or more tow trucks and driving, operating or causing any such vehicle to be operated upon the public highways for hire. VEHICLE A motor vehicle, as defined in § 125 of the Vehicle and Traffic Law of the State of New York; a bus, as defined in § 104 of such law; a tractor, as defined in § 151-a of such law; a trailer, as defined in § 156 of such law; or a truck, as defined in § 158 of such law. § 317-2 Police Department tow truck list: requirements; application. A. Every tow truck operator who wishes to be included in the Police Department's tow truck list and/or heavy vehicle tow truck list for towing ordered by the Police Department pursuant to the provisions of this chapter shall meet the following requirements: (1) Each tow truck shall be kept fit, of good appearance and in safe condition for towing. (2) Each tow truck shall have inscribed on the outside of each front door the trade name and business address of the tow truck operator, in letters not less than two inches in height, either painted or otherwise securely affixed to both doors in a conspicuous place. (3) Each tow truck shall have a fire extinguisher, safety flares, tow chain, pry bars, and suitable brooms, shovels and containers for cleanup. (4) A schedule of fees as listed in this chapter shall be posted in a conspicuous area on the premises of each tow truck operator and shall be made available upon demand to the general public. A copy of their towing fees must also be kept in the tow truck. (5) Tow truck operators shall be responsible for removing glass or other injurious substances dropped upon the public highway by the towed vehicle. (6) Tow truck operators shall keep a record of calls and the fees charged for any towing transaction. Said records shall be made available to the Ithaca Police Department upon request. (7) Tow truck operators shall own, operate and maintain a bona fide terminal within Tompkins County where they will store vehicles towed from within the City of Ithaca. The terminal shall be identified by a legible, conspicuously displayed sign. The sign shall include the name and telephone number of the tow company and be a minimum size of two feet by two feet. (8) The terminal must be fenced, locked and lighted in a manner to ensure the safety of vehicles stored on the premises. (9) Tow truck operators shall allow for the properly authorized release of motor vehicles in their custody 24 hours a day, seven days a week. They may charge an extra fee for vehicles that are retrieved after their regular operating hours as set forth in § 317-14A(6) below. (10) Tow truck operators shall not exceed the gross combined weight rating of their tow trucks. B. A tow truck operator who wishes to be included in the Police Department's tow truck list(s) shall file with the Police Chief documentation showing that he/she is insured against public liability in the limits required by law, which insurance certificate shall name the City of Ithaca as an additional insured party, as well as an application upon forms to be furnished by the Police Chief, verified under oath, and stating: (1) The name and address of the tow truck operator and the address of the place from which the tow trucks are proposed to be garaged and dispatched, specifying, in the case of an unincorporated association, the name and address of each member thereof and, in the case of a corporation, of each officer and stockholder. (2) The location of any and all depots and terminals proposed to be used by the applicant. (3) Whether the operator wishes to be included on the heavy vehicle tow truck list. (4) Any other relevant information which the Police Chief may require. C. After review of the application, and provided that the tow truck operator meets the requirements of Subsection A above, the Police Chief shall place the tow truck operator on the Ithaca Police Department's tow truck list and/or heavy vehicle tow truck list. The Police Chief shall establish reasonable rules and regulations for the inspection of tow trucks to ensure compliance with the requirements of this section. D. Tow truck operators on the tow truck list shall be authorized to tow motor vehicles involved in accidents or to have motor vehicles towed or impounded for violations of law by order of the Ithaca Police Department pursuant to § 317-13 below, provided, however, that in instances where time is critical, such as in cases of a snow emergency or auto accident, the officers of the Police Department reserve the right, in their discretion, to call the next operator on the tow operator list if the operator that has been called fails to respond to the scene within a twenty-minute time frame. § 317-3 Removal from the Ithaca Police Department towing lists. A. The Police Chief may remove any tow truck operator from the Police Department towing lists upon a finding that the tow truck operator: (1) Violated any of the provisions of § 317-2A above. (2) Violated any of the provisions of § 317-14, pertaining to removal and storage charges. (3) Repeatedly refused calls or failed to answer calls from the Police Department for towing services. (4) Failed to cooperate with Police Dispatchers or any member of the Ithaca Police Department at the scene of any accident or a scene where a vehicle is to be impounded or towed. B. Removal for a first violation shall be for a period of up to six months, and for a second violation for a period of up to 12 months. A third or following violation may result in permanent removal from the list. § 317-4 Application for review. A. Any tow truck operator whose application to be added to the Ithaca Police Department's towing lists has been denied or has been removed from the lists, may apply to the Common Council for a review of the action by the Police Chief. (1) The application to review the Police Chief's determination shall be in writing, signed by the tow truck operator, and shall state his/her reasons for claiming that the Police Chief's determination was erroneous. (2) The application for review must be filed with the Police Chief within 20 days of receipt by the tow truck operator, either by mail or in person, of notice of the Police Chief's decision. (3) Upon the filing of the application for review, the Common Council shall appoint an ad hoc committee, consisting of three members of the Common Council, and hold a hearing on the application. (4) The ad hoc committee of the Common Council shall, at the hearing, review the decision of the Police Chief, and, in its discretion, may receive new or additional evidence in support of or in opposition to the determination under review. B. The ad hoc committee of Common Council, after the hearing, may either affirm the determination of the Police Chief or direct him to add or restore the tow truck operator to the Ithaca Police Department's tow truck list. § 317-5 Hearings. A. The hearing by the ad hoc committee of Common Council shall be held on a date and at a place and hour designated by the committee. B. The Police Chief shall give notice of the hearing, stating the name and address of the tow truck operator concerned, the subject matter of the hearing and the date, place and hour thereof, by mailing a copy thereof to the tow truck operator at the most recent known address of the tow truck operator, at least 10 days before such hearing. C. The tow truck operator involved shall be entitled to be represented by legal counsel at the hearing and to present such testimony or other evidence in his own behalf as may be relevant to the subject matter of the hearing. D. All witnesses shall be sworn and examined under oath. E. Any tow truck operator aggrieved by a decision of the ad hoc committee of Common Council may apply to the Supreme Court of the State of New York for review under Article 78 of the Civil Practice Law and Rules. § 317-6 2 Authority of Police Department, Fire Department and Department of Public Works to impound and remove vehicles. A vehicle may be removed by the Superintendent of Public Works, the Police Chief, the Fire Chief, or their designated staff members Department of Public Works or by order of the Police Department in the following instances: A. When any vehicle is found unattended on any highway or public parking lot within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or public parking lot upon which said vehicle is parked or abandoned. B. When any vehicle is found unattended on any highway, public parking lot or private property within the city where said vehicle constitutes an obstruction to traffic, a safety hazard, has been left unattended and has not moved in 72 hours, or obstructs ingress to and egress from private property. C. When any vehicle interferes, obstructs or restricts the mobility of, or blocks the path of travel of a fire department emergency vehicle in any way, or hampers any fire department operation. D. When a designated fire lane is obstructed in any manner, including the parking or standing of vehicles, on private or public property. E. When any vehicle deters or hinders the immediate access to fire protection equipment or fire hydrants. C. F. In instances involving property appurtenant to and obviously part of a one-, two-, or three-family residence. D. G. Where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. E. H. Where a duly authorized traffic ticket for illegal parking has been issued. F. Where written notice setting forth the following information was posted on the windshield of the vehicle: (1) That the vehicle is illegally parked, abandoned or in trespass, as the case may be. (2) That, if the vehicle is not first removed, it shall be towed after four hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle. (3) The time and date when the notice was posted. G. I. Where posted signage indicating that parking is not permitted. Such signage shall meet and meeting the following requirements: The signage must be prominently placed and be maintained for 24 hours prior to the towing or removal of the vehicle from the premises. The person posting the signs shall be responsible for documenting the date, time, and location that signs are placed and shall be required to provide that information to City officials upon request. Agencies that fail to meet this requirement will be subject to reimbursing any resulting tow fees. The removal or use of these signs without the proper authority shall be considered a civil violation punishable by Section 1-1 of the City of Ithaca Municipal Code. § 317-7 Procedure for towing ordered by the Ithaca Police Department. A. Selection of a towing company. (1) When the services of a tow truck are required, the Police Dispatcher on duty shall notify the appropriate towing company according to the guidelines hereinafter set forth. (a) If the vehicle to be towed is under 10,000 pounds' gross weight (five tons), then the next towing company on the police tow truck list will be called. The Police Dispatcher will record the call in the "Police Towing" log. (b) If the vehicle to be towed is over 10,000 pounds' gross weight (five tons), then the next tow truck on the heavy vehicle tow truck list will be called. The Police Dispatcher will record the call in the "Heavy Vehicle Police Towing" log. (2) A towing company may not designate another towing company to answer the call. If a towing company is not available, the next towing company on the list will be called. (3) The location of the incident shall not determine which towing company is to be called, unless life safety is involved. In such instance, the nearest operator to the scene will be called for assistance. (4) Requests of vehicle owner. (a) On request of the owner of the vehicle requiring towing, the owner may designate what towing company is to be called. This call will not be recorded in the police tow truck list, but will be recorded in a "Requests for Towing" log to be maintained by the Police Department. Such a request will not change the order of the police towing company list. When an owner does not designate a specific towing company and leaves it to police discretion, the next towing company on the police towing list will be called as set forth in this subsection. (b) On request of the owner of a vehicle for towing by the Automobile Association of America (AAA), the authorized AAA towing company will be called and the call placed in the "Requests for AAA Towing" log. (c) On request of the owner of a vehicle, the vehicle may be towed to any destination designated by the owner. In the event the vehicle is not towed to the storage yard of the towing operator, the owner of the vehicle shall make arrangements for payment of towing and storage fees with the operator of the tow truck and/or owner of the garage or other facility to which the vehicle is to be towed. B. In the event that a tow truck operator refuses to accept a call or does not answer a call, the next operator on the list will be called. The tow truck operator refusing or failing to answer a call will not be called again until the operator's name next appears in order to receive a call. C. No vehicle impounded by the Ithaca Police Department shall be released to the owner of such vehicle without proper authority for release from an authorized member of the Department. D. The Ithaca Police Department shall not be responsible for the payment of towing and/or storage of motor vehicles. Owners of vehicles are liable for the payment of a ll charges connected with towing or storage. It shall be the responsibility of the tow truck operators to arrange for the collection of all charges. § 317-8 Notice of removal. Upon the removal and disposition of any vehicle by order of the Ithaca Police Department or Department of Public Works, it shall be the duty of the Ithaca Police Department to ascertain to the extent possible the owner of the vehicle or person(s) in charge of the vehicle and notify him/her of the following information as soon as practicable: A. That the vehicle has been towed, the location of the vehicle and the towing and storage costs accruing. B. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges. C. That an investigation of the tow by an impartial officer designated by the Mayor regarding whether the tow was authorized by this section may be requested by applying, in writing, for such investigation within 15 days of receipt of notification of towing. Such application for investigation shall include the reason or reasons the applicant believes the tow was not authorized. D. That the owner will be liable for all towing and storage costs accrued until the vehicle is claimed and released from storage, unless it is determined that the tow was not authorized. E. That if the vehicle is not claimed or an investigation requested within 15 days, the city shall confirm a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. Any proceeds of sale shall be applied first to towing and storage charges. The city shall retain the balance of the proceeds. § 317-9 Towing and storage; towing investigation. A. After the removal of any vehicle as provided in this chapter, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner or person in charge of the vehicle may redeem the vehicle upon payment to the responsible tow truck operator of the amount of all expenses actually and necessarily incurred in effecting such removal, but not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible tow truck owner for the cost of said charges. B. Towing investigation. (1) In instances where a vehicle was removed by order of the Ithaca Police Department or Superintendent of Public Works, the owner or person in charge of the vehicle may request a towing investigation before an impartial officer designated by the Mayor to determine whether the towing of the vehicle is authorized by this chapter. The investigator will review documents and/or information related to the tow as provided by the applicant and by the Ithaca Police Department or Superintendent of Public Works. Such investigation shall be completed within 15 business days after the request therefor. (2) The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this section. (3) If it is determined that the tow was not authorized under this section, the owner of the vehicle shall be discharged from any obligation for the removal and storage charges. The City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the Superintendent of Public Works or by order of the Ithaca Police Department. (4) If the owner or person in charge of the vehicle does not claim the vehicle or request an investigation within 15 days of being notified of the tow, the city shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. § 317-10 3 Procedures for failure to plea or respond to parking violation notices. Whenever a person has failed to respond to at least five separate notices of violation for separate parking violations, the City may send to the owner of the motor vehicle by mail a notice to the effect that such person has failed to respond to at least five separate notices of violation for separate parking violations and that the owner's vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice, including administrative overhead. The owner shall have 10 days from the date of mailing of such letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten-day period, and thereafter the vehicle is found unattended, parked upon a street or any City-owned property or property under the jurisdiction or control of the City, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department the Chief of Police or Superintendent of Public Works or their designees giving authorization to a commercial towing or wrecker service to tow the vehicle and store it in a safe place until claimed by the owner; or it may be immobilized by or under the direction of an officer or designated employee of the Police Department the Chief of Police or Superintendent of Public Works or their designees in such a manner as to prevent its operation. § 317-11 4 Liability. The operator of a vehicle shall be liable for the fines and penalties imposed for violations of improper parking, standing, or stopping. In addition, except as provided in § 239, Paragraph 2, Subdivision b or e, of the New York State Vehicle and Traffic Law, the owner of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner, express or implied, but in such case the owner may recover any fine or penalties paid by him/her from the operator. § 317-12 Number of public auctions. The public auctions required herein and pursuant to the New York State Vehicle and Traffic Law shall be conducted by the City as often as is necessary in its discretion, but in no event less often than three times per year at intervals of approximately four months. § 317-13 5 Procedures for private property towing. A. Vehicles may be towed away or removed without additional notice to the owner in the following instances: (1) From property appurtenant to and obviously a part of a one-, two-, or three-family residence. (2) Where notice is given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles, and that such unauthorized vehicles are subject to being removed at the owner's or operator's expense. B. Additional notice required. Private property owners shall not authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified by one of the following methods: (1) By posted signage on the premises meeting the following requirements: (a) The notice must be prominently placed on the premises and be continuously maintained on the premises for 24 hours prior to the towing or removal of any vehicle from the premises; (b) The notice must clearly indicate, in letters not less than two inches high on a contrasting background, that unauthorized vehicles will be towed away at the owner's or operator's expense. The notice must state clearly how long, if at all, or under what conditions a vehicle may park before being towed or removed from the premises; (c) The sign structure must comply with the provisions of Chapter 272, Signs; or (2) By issuance of a duly authorized traffic ticket for illegal parking. A vehicle tow report will be completed by the Police Department and name the property owner as the complainant. C. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under § 317-14 below. D. If the vehicle is to be towed by order of a private property owner after such notice as required in Subsections A and B above, the tow truck operator shall inform the Ithaca Police Department 911 Dispatch Center immediately after removal. The identifying information regarding the vehicle shall be entered into a log to be maintained by the Police Department 911 Dispatch Center. E. When towing of a vehicle from private property is being effected pursuant to this section, the towing operator called must be one listed in the Tompkins County towing company rotation list. who maintains a bona fide terminal within Tompkins County, and the vehicle so towed may not be stored at a location outside the County. F. The Ithaca Police Department and the City of Ithaca shall not be responsible for the costs associated with towing a vehicle from private property. Tows from private property shall not be subject to a towing investigation as noted in § 317-9 above. § 317-14 Removal and storage charges; penalties for offenses. A. Removal and storage charges for nonconsensual towing of vehicles in the City of Ithaca, whether on public or private property, are hereby established as follows: (1) Removal charges shall not exceed $100. (2) An additional fee, not to exceed $25, may be charged in the instance where a police officer makes the determination that a special problem or circumstance exists. A "special problem or circumstance" means the removal of any vehicle that involves additional steps such as snow removal, difficult access to a locked vehicle, extra cleanup, or winching. The use of dollies, flat beds, ramps, jacks, or slings are not considered a special problem or circumstance. A request shall be made by the tow truck operator to the police officer at the scene of the tow that the tow be treated as a special problem or circumstance removal. Reasons for the request shall be stated by the tow truck operator to the police officer at the scene and shall be recorded in the "Vehicles Towed" report. Approval or denial of the request is to be made at the discretion of the police officer at the scene of the tow and indicated on the "Police Towing" log. Denial of the request by the police officer shall cause the tow to be deemed an ordinary removal. (3) Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges. "Extraordinary removal" means the removal of any vehicle requiring the necessary use of one or more additional tow trucks, a crane or other extraordinary equipment other than regular or special towing equipment. (4) A fee not to exceed $30 may be charged by the tow truck operator to the owner or operator of any vehicle requiring removal services as provided in this chapter whenever the owner or operator appears to remove the vehicle after the tow truck operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. (5) Storage fees not exceeding $25 per day or fraction thereof may be charged by the tow truck operator after the vehicle has been stored for more than 24 hours. (6) An after-hours service charge not to exceed $25 may be charged by the tow truck operator whenever the tow truck operator is called to release a vehicle from the storage yard during the hours 9:00 p.m. to 7:00 a.m. Upon the request and tender of the required fee, it shall be the duty of the tow truck operator to release a stored vehicle at any time of the day and on any day of the week, including weekends and holidays unless there is a restriction or hold on such vehicle as per a law enforcement agency or by order of a court of competent jurisdiction. (7) The costs for towing services rendered, pursuant to this section, are subject to the appropriate state tax. (8) No additional fees, other than the fees that are set forth herein, shall be assessed against the vehicle. B. Violation of any provision of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Towing operators, and/or their agents or assigns that violate the provisions as set forth herein are subject to removal from the City towing list for such period of time that the Chief of Police deems appropriate. § 317-15 6 Effective date. This chapter shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. “An Equal Opportunity Employee with a commitment to workforce diversification” CITY OF ITHACA 108 East Green Street, Ithaca, New York 14850-6590 OFFICE OF THE CITY CLERK Telephone: 607-274-6570 Department of Public Information & Technology Fax: 607-274-6432 Julie Conley Holcomb, City Clerk www.cityofithaca.org M E M O R A N D U M To: Common Council From: Julie Conley Holcomb, City Clerk Department of Public Information & Technology Date: June 7, 2019 Subj: Towing Procedures in the City of Ithaca The Ithaca Police Department and the City Clerk’s Office are interested in participating in a shared service initiative being proposed by the Tompkins County Department of Emergency Response to streamline and standardize towing operations between the Ithaca Police Department, Tompkins County Sheriff’s Office, and the New York State Police – Troop C Zone 3. This initiative would provide centralized services to the entire county and would be facilitated by the Tompkins County Department of Emergency Response (DOER). The current proposal includes consolidating the existing fifteen+ tow rotation lists into five towing zones. Tow companies can apply to be included in as many zones as they could physically respond to within the required response times. When applying to be considered for this program, tow company owner/operators must agree to the provisions included in the Tow Service Agreement (copy included). In the City of Ithaca, the responsibility of approving tow companies to participate in the City of Ithaca tow rotation list, performing safety inspections of fleet vehicles, conducting background checks, and investigating complaints falls to the Ithaca Police Department and City Clerk’s Office. The City’s participation in the shared services agreement would relieve IPD and the Clerk’s Office of these responsibilities and would allow us to focus our time and resources on other matters. The agreement regulates fees and includes consequences for violating the provisions of the agreement. Enforcement of this policy would be administered through DOER and/or their designee, and an oversight committee has been established that includes representatives of Tompkins County, the City of Ithaca, and the New York State Police. As requested by the City Administration Committee, the oversight committee held a joint meeting with the tow company owners to explain the proposed shared service initiative and the provisions of the proposed Tow Service Agreement. In addition, written comments have been accepted for the past several weeks. Each comment was reviewed and considered by the oversight committee and several were incorporated into the proposed Tow Service Agreement, Tow Zone Map, and Schedule of Maximum Rates. The proposed revisions to Chapter 317 of the City Code entitled “Vehicles, Removal of” states that the City will follow the County policy regarding towing operations. If approved, it will remove redundant and/or outdated language and will only contain the authority for certain city departments to tow vehicles and the circumstances they can tow for. The offenses that City staff typically ticket and tow vehicles for are as follows:  Being parked 12”/+ away from the curb causing and obstruction in the roadway  Illegally parking in a bus stop/taxi stand/paid mobile food truck space  Parking too close to a fire hydrant or in a fire lane  Parking in a crosswalk or blocking a driveway  Parking on private property without permission  Parking in a truck loading zone (reserved for oversized trucks)  Double parking  Abandoned vehicles (vehicle parked without moving for 72/+ hours  Parking in a zoned marked “No Parking” (permanent and temporary zones)  When multiple unpaid parking tickets have accrued  *When a vehicle is legally parked, but an emergency occurs – the City typically reimburses those costs Most of these offenses fall under the provisions of New York State Vehicle and Traffic Law, only a few relate to City Code provisions. Currently, the only departmental personnel authorized to tow vehicles are IPD and the Department of Public Works; however, the Ithaca Fire Department is requesting the authority to tow vehicles that are hampering fire operations and or impinging on public safety. This authorization would free up valuable police officer time. I am further requesting that the requirement to conduct tow away appeals be repealed. The City of Ithaca is the only agency in Tompkins County that conducts tow away investigations and the New York State Vehicle & Traffic law does not have any provisions relating to tow appeals. The City Clerk’s Office remains willing to work with the Police, Fire, and Public Works departments to investigate complaints regarding violations of the Tow Service Agreements and the associated rate schedules. Please let me know if you would like further information or data prior to the City Administration Committee meeting so that I can be prepared to share that with you. I am always happy to answer any questions you have.     Tompkins County, City of Ithaca, and New York State Police Troop C Zone 3   Tow Service Agreement (TSA)  This Tow Service Agreement (TSA) contains terms and conditions a towing company agrees to comply  with to receive and maintain a position on the rotation tow listing with Tompkins County, City of Ithaca,  and New York State Police Troop C Zone 3. Participation in the tow rotation is voluntary. Any tow  company, by agreeing to participate in the program, does not establish a contractual relationship and is  not acting as an agent for Tompkins County, City of Ithaca, or New York State Police Troop C Zone 3, or  the State of New York, when performing services under the TSA. Exceptions to compliance with the TSA  shall not be authorized by a verbal agreement. Any exceptions shall be documented as a written  addendum to the TSA.   1. PURPOSE  The purpose of the establishment and implementation of this rotation program include but are  not limited to the following:     A. Providing a non‐discriminatory, uniform system for the rotation of tow trucks for Public  Safety‐generated tow service requirements.   B. The establishment of guidelines and standards to effectively serve the needs of the Public  Safety agencies, Dispatch Center, general public and towing companies.   C. Ensure tow companies, towing equipment and trucks comply with all applicable federal,  state, county and city statutes, ordinances and regulations including permits, licensing and  driver training requirements in order to be placed on the rotation program.   D. Ensure all impound and storage yards used by tow companies on the rotation tow program  comply with the requirements of applicable federal, state, county and city statutes,  ordinances and regulations.   E. Ensure Public Safety agencies receive professional, reliable and capable towing and recovery  services.   F. Assure the motoring public is provided professional, efficient, reliable towing, handling,  storage and recovery services to include lock outs, breakdowns, tire changes, etc.    2. POLICY  This TSA does not apply to and is not intended to hinder the activities of any private tow truck  business in providing tow services to the general public and/or commercial agreements on a  contractual or mutual consent basis. The TSA applies to requests through the Tompkins County  Dispatch Center for tow truck services involving the following situations, including but not  limited to:   A. Vehicles involved in accidents requiring the use of tow trucks to remove vehicles  B. Slide offs requiring the use of tow trucks to pull vehicles back on the roadway  C. Vehicles that are disabled and require a tow truck to remove  D. Unlawfully parked vehicles  E. Driver Arrest      3. TOWING AREAS  A. This policy shall establish tow areas for light/medium and heavy duty types of tow trucks to  facilitate the distribution of calls and meet the needs of law enforcement with regards to  response time and availability of tow services.   B. Rotation areas are:   1) The City and Town of Ithaca  2) Tompkins County Law Enforcement Zone 325 = Consists primarily of the Town and  Village of Lansing, and the Town and Village of Groton  3) Tompkins County Law Enforcement Zone 326 = Consists primarily of the Town and  Village of Dryden, and the Town of Caroline  4) Tompkins County Law Enforcement Zone 327 = Consists primarily of the Town of  Danby, and the Southern portion of the Town of Newfield  5) Tompkins County Law Enforcement Zone 328 = Consists primarily of the Town of  Ulysses, the Village of Trumansburg, the Town of Enfield, and the northern portion  of the Town of Newfield   a) Light/medium duty rotation tow truck companies on rotation will respond  accordingly  6) Heavy duty rotation tow companies operating in Tompkins County shall be  dispatched on a county wide basis.     4. ROTATION  A. Tompkins County shall maintain rotation tow lists for light/medium duty and heavy duty tow  companies.   B. Tow truck companies shall be dispatched according to their place on the rotation list.   C. A call to a tow company shall constitute one turn on the list and the tow company shall  move to the bottom of the list.   1) This includes when a tow company fails to answer the phone, is unable to respond,  is unable to perform the required service, refuses to respond or provide service; or  is canceled due to an excessive response time.   2) Any company calling back to cancel or pass more than 25% of its call volume in a  one‐month period may receive disciplinary action as outlined in the standard  suspension rules listed in Section 15.  D. If it is determined the tow company is not needed and is canceled by Tompkins County, up  to and including arrival on scene and standby time which does not result in a tow, there  shall be no charges and the tow company shall be placed back at the top of the rotation list  for that tow area.   E. If the tow company responds to a call and is canceled by the vehicle’s registered owner or  agent prior to the tow company taking possession of the vehicle, there shall be no charge  and the tow company shall be placed back at the top of the rotation list.  1) Possession is deemed to arise when the vehicle is removed and is in transit or  completely attached to the tow vehicle and immediately ready to go into transit.      F. Nothing in the TSA shall prohibit a Public Safety unit from requesting a specific tow company  at the request of the vehicle’s registered owner or agent.   1) A separate log will be maintained for owner or agent requests along with the  identifier of the Public Safety unit requesting such service.   G. If two or more tow companies are called to the same incident scene, distribution of the  vehicles shall normally be given by the Dispatch Center; however, it shall be at the discretion  of the on scene Public Safety unit to change assignments if needed. The Dispatch Center  shall be notified of any changes. The tow companies shall not change vehicle assignments  unless directed by the on scene Public Safety unit to do so.   H. A tow company responding to and arriving at a scene, which was not dispatched, shall not  tow any vehicle.   1) The Public Safety unit may use any tow company as a necessary resource to  immediately clear a hazard at their discretion. Such expediency clearance of a  hazard does not constitute authorization to tow any vehicle from the scene, nor a  charge to the owner or agent of the vehicle. If companies within Tompkins County  are not available, Tompkins County may utilize companies located outside of  Tompkins County.   I. A tow company accepting a call under the rotation system must respond to the requested  site with the company’s own equipment or equipment it has leased.   J. If another tow company takes the call on behalf of the tow company being dispatched, both  companies shall be disciplined following the standard rules listed in Section 15.  K. Regardless of the class of a tow truck a tow company may send to a call, charges shall not be  more than for the class of vehicle towed or serviced.   L. Tow companies and/or their operators are prohibited from “cruising” or jumping calls by  listening to the police band radio, or driving the roadways to solicit business in an effort to  pre‐empt the proper functioning of the rotation system.   1) Tow companies or employees in company vehicles pulling up to any incident scene,  such as accidents, slide offs, or break downs/disabled vehicles, that normally would  have required law enforcement interaction shall turn on their overheads to warn  traffic, determine if there are injuries and notify the Tompkins County Dispatch  Center. Once the law enforcement agency arrives, the tow company or employee  must leave the scene unless the officer requests their assistance as provided in  Paragraph H‐1.   2) The tow company may be requested by the officer to move a vehicle to a safe  location and leave it. The assistance provided shall not change the tow company’s  place in the rotation.   3) Any tow truck company cruising or jumping calls will be subject to disciplinary action  following the standard suspension rules listed in Section 15.  M.  A tow company, operating under this TSA, may not solicit any additional services or business  roadside and may not solicit additional offered services such as repairs, rentals, loaner  vehicles, or additional services outside of the rotational tow request.  These services may  only be offered when:      1) The tow has been completed and the tow bill has been paid in full and a receipt  issued to the owner or agent, and towed vehicle is under the control of the owner  or agent.  2)  Tow companies, while operating under this TSA, may not offer incentives,  discounts, or other premium or influential offers as part of their tow services or tow  bill as an effort to obtain or gain additional business or services from the owner or  agent of the towed vehicle. Tow companies may offer discounted services as part of  their business, but the offer must apply to the public as a whole and must be  advertised and posted, and unilaterally applied to all tow services.   a. Examples:    i. Discounts for all active and reserve military members, veterans and  their families, senior citizen discounts for persons over 55 years of  age, or discount coupons offered for any tow service as advertised  in a newspaper, mailing, website, or social media posting.    5. RESPONSE TO CALLS  A. The tow company shall respond to calls 24‐hours a day, seven (7) days a week within the  maximum response time limits established by this policy.   B. An appropriate licensed tow truck driver shall respond with a properly equipped tow truck  of the class required to tow the vehicle and be in possession of the appropriate class of  license and applicable endorsements.   C. Response time is the time between notification by the Dispatch Center and time of the  arrived at the designated scene. The maximum response times are:   1) Light and/or Medium Duty = 30 minutes  2) Heavy Duty = 60 minutes  3) The response time requirements may be extended at the discretion of Tompkins  County Dispatch due to circumstances that either hinder compliance or make it  impossible to meet; such as inclement weather, blocked roads, or other similar  conditions. The tow company is required to notify Dispatch of the reason for delay,  ETA and current location.   D. The tow company shall advise Dispatch, at the time of notification, if they are either unable  to respond or unable to meet the maximum response time.   1) If, after accepting the call, the tow company is unable to respond or will be delayed  in responding, the tow operator shall immediately notify Dispatch.  E. If a tow company accepts a call and fails to arrive at the scene within the maximum time  limits, except in special circumstances, the call to that tow company may be voided and  another tow company called to provide the required services. Disciplinary action shall be in  accordance with the standard suspension rules listed in Section 15.  1) Dispatch will log “Unavailable” every time required response times are not met.   F. A tow company dispatched to the scene of a traffic accident shall be responsible for the  cleanup of debris and/or fluids caused by the vehicle involved in the accident from the      travel portion of the roadway as required by NYS Vehicle and Traffic Law (VTL) Section 1219,  and cleaned to the satisfaction of the Public Safety unit in charge of the accident. Cleanup  shall be completed prior to the tow company leaving the scene. For non‐compliance,  disciplinary action shall be in accordance with the standard suspension rules listed in Section  15. If a Public Safety unit performs the clean‐up, the towing company forfeits the right to  charge for clean‐up fees.  G. A tow company working under this TSA as a member offering AAA services will comply with  the rules and policies governing accepting AAA service rates and fees unilaterally once  sufficient proof of the vehicle owner or agent has proper AAA membership.  1) A separate log will be maintained for owner or agent requests for AAA.  H. Transportation of customers may be done at the discretion of each tow company.     6. TOW COMPANY APPLICATION / RECERTIFICATION  A. The non‐preference towing rotation list utilized by Tompkins County is open to any natural  person or legal entity that owns or operates a tow and recovery business within Tompkins  County.   B. For the purpose of application, to be on the towing rotation list within Tompkins County,  “owns or operates” means having a bona‐fide physical yard located within Tompkins  County.   C. Tow companies participating on rotation within Tompkins County shall meet all the  requirements outlined in this document and applicable federal, state, county and/or city  statutes, ordinances and regulations to remain on the rotation list to include:   1) Comply with all equipment requirements listed in Appendix A.   2) Obtain and display current certification of inspection for each tow truck as required  by NYS VTL Article 5 and 5A.  3) Ensure all tow truck drivers are properly trained to operate the equipment they are  responding with and properly licensed as required under the NYS VTL Article 19.     7. APPLICATION AND ENROLLMENT  A. Tow companies wishing to be added to the Tompkins County rotation program shall contact  the Department of Emergency Response Communications Center Manager and request a  tow application packet.   B. Completed forms shall be returned to the Communications Center Manager.   C. Should a company wish to be removed from the tow rotation list for a specific period of  time, the tow company shall notify the Dispatch Center in writing. Upon receipt, the tow  company will be removed from the list and notified. It shall be the tow company’s  responsibility to notify the Dispatch Center when the tow company wishes to return to the  tow rotation list. Tow companies returning to the list will be placed at the bottom.   D. Any tow company failing to meet or maintain all requirements and necessary equipment as  set forth by federal, state, county, town, village, or city requirements for truck inspections  and certifications or the requirements within this document shall be removed from rotation      until such compliance requirements are fixed or corrected. Tow companies shall provide  written documentation to the Dispatch Center requesting reinstatement to the rotation list.   E. Initial and periodic Commercial Vehicle Inspections including all tow company equipment,  storage yard(s), and all company operations involved in towing and recovery will be  conducted by the New York State Police Commercial Vehicle Enforcement Unit (CVEU)  and/or by local State Police units. Tow companies who fail said inspections will not be allow  to continue with the application process nor be allowed to function off the tow rotation  until the failed requirements of the inspection have been corrected as determined by re‐ inspection.  1) Commercial inspection and re‐inspection of a tow company will fall as scheduled  with regard to the availability of the NYSP CVEU unit.   F. If a change in address occurs for the principal office of a tow company, the tow company will  notify the Dispatch Center of this change within five (5) business days.   G. If a change of ownership or control of the tow company occurs either by sale, transfer, or  other legal means, the tow company will notify the Dispatch Center of this change within  five (5) business days.    8. TOW COMPANY REQUIREMENTS  All tow companies participating on the rotation system shall:   A. Provide a telephone number to the Dispatch Center where the tow company can be reached  24‐hours a day, and maintain radio or cell phone communications with their tow units when  responding to rotation calls.   B. Have a valid Business License for the storage yard issued by the municipality in which the  yard is located.   C. Have current motor vehicle registration(s) issued by the State of New York for all tow trucks  responding to rotation calls.   D. Ensure all drivers/operators have a current and valid driver license in their possession when  operating a tow truck on a rotation call.   E. Have a current certificate of insurance listing specific equipment/property insured. The  certificate must show the required minimum $300,000.00 of bodily injury insurance and  $25,000.00 of vehicle damage insurance. In addition, companies must maintain a minimum  of $100,000.00 “Garagekeepers” or “On‐Hook‐In Cargo” liability insurance for light and  medium duty trucks, and $300,000.00 for heavy duty wreckers.   F. Maintain general premises liability insurance for each storage yard in use in such amounts  as to cover losses that may arise at those facilities.   G. Have their trucks lettered with the company name on the doors of the truck. The name shall  match the DOT number issued to the tow truck company. No magnetic, temporary, or  removable signs or markings, nor non‐lettered trucks will be allowed for rotation calls.   H. Comply with equipment requirements set forth in Appendix A and upon inspection.    I. Comply with all applicable motor vehicle laws enacted by the State of New York and exercise  diligent and reasonable care when responding to rotation calls.       J. Comply with directions from Public Safety units, unless such acts would cause unnecessary  damage or possible injury to the operator or others in the area.   1) Operators must attempt to resolve these issues on scene prior to initiating the  unsafe act using professional interaction with Public Safety units on scene.    2) If the matter cannot be safely and professionally resolved, a public safety supervisor  will be directed to the scene to resolve the issue.  K. Ensure all tow truck drivers are trained to operate the equipment they respond with and are  licensed as required under the NYS VTL Title 5, and specifically as addressed in Articles 18,  19 and 20. Training and Certification is required for each driver/operator.   L. Ensures employees performing tow services on behalf of the tow company are both  physically and mentally capable of performing the required duties.   M. Ensure all operators obtain a copy of their Criminal History and submit it with their tow  application. It is the responsibility of the Tow Company to accept or deny employment  based on the operator’s criminal history. Each tow operator must be identified at the time  of application to the TSA. Each tow operator must undergo a local background check and be  free of felonies which will be reviewed on an annual basis. Tompkins County must be  notified of any changes to the tow operator list prior to any new operators being utilized in  this program, as well as any felony convictions of current tow operators. Unauthorized tow  operators may not be on scene of any tows within Tompkins County.   N. Represent a professional image. Employees shall wear clothing that is modest, functional,  contributes to safety, and has a driver’s name attached.   O. While involved in the Tompkins County rotation tow operations or related business, the tow  company and/or employee(s) shall refrain from any acts of misconduct including, but not  limited to, any of the following:   1) Rude or discourteous behavior to the public, Public Safety units, and competitors  2) Lack of service, selective service, or refusal to provide service which the tow  company is capable of performing  3) Any act of sexual harassment or sexual impropriety  4) Unsafe driving practices  5) Exhibiting any objective symptoms or alcohol or drug use  P. Wear appropriate warning garments (e.g., vests, jackets, shirts, retro reflective clothing) for  daylight and hours of darkness in accordance with OSHA Standards and NYS Traffic Incident  Management (TIM) Best Practices.   Q. Only respond to a request for service with the equipment and persons necessary to  complete the task.   1) Exception would be responding with a driver trainee.     9. TOWING, STORAGE and MANAGEMENT FEES  Fees charged for calls originating from Tompkins County shall be reasonable, valid, and not  more than those rates charged for similar services provided in response to requests initiated by  a public agency or private person. Vehicle removal charges shall not exceed those listed in  Appendix C.          The towing company shall issue all customers an invoice with detailed charges and may only bill  customers for the appropriate equipment, personnel or services necessary to complete the  assignment, and may not misrepresent the class of tow used. To be reimbursed for mileage, the  invoice must include time and mileage when dispatched and when the tow truck has arrived at  the scene. If a vehicle is towed, the invoice must include time and mileage when the truck  arrives at the storage facility. To be reimbursed for storage fees, the invoice must also include  the date the vehicle was released. If a vehicle owner or agent requests a vehicle be towed to a  specific location, the location must be indicated on the invoice. If a driver fails to document this  information, the towing company forfeits all mileage and storage reimbursement. Any disputes  in customer billing received will be reviewed by the local law enforcement agency supervisor, or  their designee, and the towing company.     A. Maximum Towing Rates as defined by Tompkins County shall be followed. Charges shall not  be more than for the class of vehicle towed or serviced. Classes are identified by the Towing  and Recovery Association of America (TRAA) in Appendix B.   B. Maximum Storage Rates as defined by Tompkins County shall be followed.   C. A towing company who charges rates above those defined by Tompkins County, including  charging for a higher class of tow truck than used, shall be subject to disciplinary action in  accordance with the standard suspension rules listed in Section 15.  D. Towing companies contracted by insurance companies (AAA, Geico, etc.) agree to charge  rates established by the insurance company.    Should the Tompkins County Department of Emergency Response choose to outsource all or   part of the services provided in this TSA, the related fees shall be distributed on a per service call   basis.   10. STORAGE FACILITIES  Towing companies shall operate and maintain a bona fide terminal within Tompkins County  where they will store vehicles. The terminal shall be identified by a legible, conspicuously  displayed sign. The terminal must be fenced, locked and lighted in a manner to ensure the safety  of vehicles stored on the premises. Tow truck operators shall allow for the properly authorized  release of motor vehicles in their custody 24 hours a day, seven days a week, 365 days a year.  Storage fees not exceeding $75.00 per day may be charged by the tow truck operator after the  vehicle has been stored for more than 24 hours. (For example, if a vehicle arrives on Monday at  11:00 am, $75 may be charged at 11:00 am on Tuesday, then $75 each additional day at 11:00  am.)  An after‐hours service charge not to exceed $50.00 may be charged whenever the tow  truck operator is called to release a vehicle from the storage yard during the hours of 9:00 p.m.  to 7:00 a.m. No vehicle impounded by a law enforcement agency shall be liable for all towing  and storage fees accrued during the time the vehicle remains unclaimed, or in storage. The costs  for towing services rendered are subject to the appropriate state tax. No additional fees, other  than the fees that are set forth herein, shall be assessed against the vehicle.         A. The towing company shall be responsible for the safekeeping and prevention of vandalism  of all vehicles or removal of property/contents which are stored or impounded.   B. Storage facilities owned by a towing company and shared with another towing company or  another business establishment shall be physically separated and secured from each other.   C. The tow company employees shall be properly trained to conduct business transactions  related to towing, storage and release of vehicles/property. This includes the proper  completion of invoices.   D. Tow company owners will ensure they or their employees are available during normal  business hours to aid the public regarding towing issues.   1) Unless directed by an appropriate law enforcement agency, a tow company or their  employee shall release personal property from a vehicle, in compliance with state  law, which has been stored at the request of the vehicle’s registered owner or  agent.   a) No property may be held as “collateral” or as part of any unpaid or pending  tow charges.   2) A receipt shall be provided for the removed property, with a copy placed in the  stored vehicle. This procedure shall also apply to the removal of property by the tow  company and/or their employee to a secured area within the business.   3) In cases where a vehicle has been impounded for evidence or investigation,  personal property will not be released until the vehicle has been cleared by the Law  Enforcement agency handling the investigation.   4) No fee shall be charged for the release of personal property during normal business  hours.   a) An after‐hours service charge not to exceed $50.00 may be charged  whenever the tow truck operator is called to release property/contents  from the storage yard during the hours of 9:00 p.m. to 7:00 a.m.  E. Tow companies must comply with NYS VTL Section 184(2) concerning vehicle liens.   F. Public auctions shall be held pursuant to NYS VTL. Tompkins County will make every attempt  to conduct public auctions at least twice a year.    11. TOW COMPLAINTS  A. All related tow service complaints received or initiated by Tompkins County against a tow  company or tow company’s employees, shall be accepted and investigated in a fair and  impartial manner.   1) All complaints will be received in written form, with all applicable documentation  included. Complaints will not be accepted verbally either in person or by telephone.   2) The tow company and their employees shall cooperate with Tompkins County  during the course of an investigation.   B. The tow company shall be notified in writing of the findings within 30 days of the conclusion  of any complaint.         12. COMPLIANCE WITH LAW  A. The tow companies and employees shall, always, comply with federal, state, and local laws  and ordinances and all applicable court orders.   B. Any conviction of the tow company, owner, operator, employee or driver involving a stolen  or embezzled vehicle, fraud related to the towing business, stolen or embezzled property, a  crime of violence, a drug‐related offense, felony driving while under the influence or alcohol  or drugs, misdemeanor driving while under the influence of alcohol or drugs, or moral  turpitude may be cause for suspension or removal of a tow company or employee, or denial  of a tow company/employer’s application, or termination of the TSA.     13. COMPLIANCE WITH TSA  A. The tow company agrees, as a condition of inclusion in the rotation tow program, to comply  with the terms and conditions of the TSA. Furthermore, the tow company or Company’s  agent agrees that failure to comply with these terms and conditions shall be cause for  disciplinary action (e.g., written reprimand, suspension, termination, or denial of an  application).   B. A violation of the equipment requirements related to safety shall be cause for suspension.   1) The suspension shall remain in effect until the suspension period is completed and  an inspection of the equipment has been made and concluded the tow company is  in compliance.   C. A violation of overcharging or a pattern of overcharging shall be cause for suspension.   1) The suspension shall remain in effect until the suspension period is completed and  proof of reimbursement to the aggrieved customer(s) has been provided to the  appropriate Tompkins County agency.   D. Allowing an incompetent, unprepared, or untrained tow truck driver to respond to a  rotation call shall be cause for disciplinary action of the tow company.   E. A tow company sending a tow truck driver to a rotation call (e.g., those drivers dispatched  by the tow company’s business) for whom the following information has not been  submitted, shall be cause for disciplinary action of the tow company:  1) Tow Operator/Driver Information  2) Documentation indicating completion of an approved tow truck driver training  program such as Wreckmaster.     14. DISCIPLINARY ACTION  A. Tompkins County shall take disciplinary action against a tow company for violations  investigated and sustained. Furthermore, the tow company agrees that failure by the tow  company to comply with these terms and conditions shall be cause for disciplinary action  (e.g., written reprimand, suspension, denial of an application, or termination from the  Rotation Tow Program).   1) Tompkins County shall retain discretion regarding the length of any suspension  imposed pursuant to the terms and conditions of this TSA.       B. Nothing shall preclude Tompkins County from taking the appropriate enforcement or  administrative action for any violations of the law.   C. Nothing herein shall be deemed to prohibit Tompkins County from immediately suspending,  terminating, or denying an application of any tow company or employee whose conduct, in  the opinion of Tompkins County, is deemed to be a danger to the motoring public, or who  has engaged in conduct constituting a flagrant violation.   D. Records of violations shall be retained by Tompkins County for 36 months.   E. Disciplinary action taken against a tow company will be honored by all Public Safety  agencies within Tompkins County.     15. TERMS OF DISCIPLINARY ACTION  A. Violations of the terms and conditions of the TSA may be cause for disciplinary action in the  following manner:   1) First violation within a 12‐month period = letter of written reprimand  2) Second violation within a 12‐month period = 1 to 30‐day suspension  3) Third violation within a 12‐month period = 60 to 90‐day suspension  4) Fourth violation within a 12‐month period = termination of the TSA    NOTE: In lieu of termination, Tompkins County may impose additional suspensions for longer  periods, if deemed appropriate.     B. Violations of the terms and conditions of the TSA which warrant suspension for the first  violation are categorized as major violations. Any subsequent or continuing major violation  may be cause for termination.  1) When considering disciplinary action for a major violation of the TSA, Tompkins  County should take into consideration all violations which have occurred within 36‐ months prior to the date of the current violation.   C. A suspended or terminated tow company shall not be eligible for a rotation listing for the  duration of the suspension or termination.   D. If the tow company is serving a suspension for one year or more, the tow company shall be  required to have complied with all terms and conditions of the current TSA at the time of  reinstatement.   E. A tow company shall comply with all the terms of the suspension prior to reinstatement or  re‐application.     16. HEARING / APPEAL  A. A hearing shall be granted, upon a tow company’s request, within ten business days, for any  of the following circumstances:   1) The tow company is served with a disciplinary action  2) Denial of a tow company’s tow application or a tow company/driver application  B. A hearing shall be held as soon as practicable.       C. The hearing shall be conducted by representatives from Tompkins County, the City of Ithaca,  and/or New York State Police Troop C Zone 3. The tow company shall be entitled to present  all relevant facts and circumstances in support of the tow company’s position.   D. The tow company shall be notified in writing of the decision(s) within ten business days of  the date of completion of the hearing.   E. Disciplinary action shall not take effect until the hearing and appeal process has been  exhausted, except for tow companies whose conduct is deemed to be a danger to the  motoring public or who continue to violate the terms and conditions of the TSA.   F. If a tow company fails to request a hearing or appeal within the specified time or fails to  appear at a scheduled hearing or appeal, the action taken by Tompkins County shall be final  and the disciplinary action shall take effect upon written notification to the tow company.         All documentation referenced above to include all vehicle registrations, insurance policies, licensing,  equipment listing, company service rates and related updated documentation must be forwarded to  the Tompkins County Department of Emergency Response, 92 Brown Road, Ithaca NY 14850, where  they will be kept on file. Any failure to provide the valid, up‐to‐date documentation referenced in  this policy may result in a suspension or removal from the Tompkins County, City of Ithaca, and New  York State Police Troop C Zone 3 Tow Service Agreement.     I, _______________________________________________________________________________,  (Tow Company Owner Name)  the registered owner of ______________________________________________________________     (Tow Company Name)  located at _________________________________________________________________________  (Physical Company Business Address)  affirm that I desire that my tow company be included on the Tompkins County, City of Ithaca, and  New York State Police Troop C Zone 3 Tow Rotation and that my company will maintain full  compliance with the requirements, standards, and practices listed in the Tow Service Agreement.     ___________________________________________________________ ___________________                Signature                      Date      Tompkins County Tow Rotation List Maximum Rates – Light & Medium Duty  Light Duty Tow, 24/7/365 $150.00   Medium Duty Tow, 24/7/365 $225.00  Jumpstart (without tow) $50.00  Lockout (without tow) $50.00  Tire Change (without tow) $75.00  Fuel Delivery (without tow) $50.00 + cost of fuel  Winch Out (without tow) $75.00  Additional Charges  Tow Rotation Management Service (TRMS) Fee  ** Mandatory for all calls, TRMS will bill tow  company on the 1st of every month.  $25.00 for Non‐Roadside Assistance   $15.00 for Roadside Assistance (AAA, Geico, etc.)  Scene/Accident Clean Up and/or Standby Time No charge for first 15 minutes  $35.00/hour after first 15 minutes  Winch Out $75.00  Extra Person $50.00/person  Second Tow Unit Billed at same rate as first tow unit  Skates $25.00  Dollies $50.00  Flatbed/Rollback $50.00  Recovery  $325.00/hour  Mileage, En route/Unloaded (from base to scene) Mileage, Loaded (from scene to storage/shop)  $2.00/mile  $4.00/mile  Speedy Dry $15.00/bag  Absorbent Pads $5.00/each    Storage Rates – Light & Medium Duty  Daily Storage, begins 24 hours after vehicle  enters yard  $75.00/24 hours  After Hours Release of Vehicle or  Property/Contents (9:00 pm – 7:00 am)  $50.00    Tompkins County Tow Rotation List Maximum Rates – Heavy Duty  Heavy Duty Tow, 25 Ton, 24/7/365 $325.00   Heavy Duty Tow, 35 Ton, 24/7/365 $375.00  Heavy Duty Winch Out, 25 Ton $200.00  Heavy Duty Winch Out, 35 Ton $250.00  Recovery  $325.00/hour  Extra Rigger or Person on Scene $125.00/hour per person  Heavy Duty Tractor or Dump Truck $200/hour, minimum 4 hours  Low Boy or Service Truck $100/hour, minimum 4 hours  Backhoe or Skidsteer $200/hour, minimum 4 hours  Chainsaw $50/hour, minimum 4 hours  Rescue Truck $350/hour, minimum 4 hours  Light Duty Truck $225/hour, minimum 4 hours  Daily Storage, begins 24 hours after vehicle  enters yard  $150.00/24 hours    U L Y S S E S E N F I E L D D R Y D E N C A R O L I N E D A N B Y C A Y U G A LAKECHEMUNG COUNTY TIOGA COUNTY TIOGA COUNTY R I C H F O R D CAYUGA SENECA COUNTY N E W F I E L D Connecticut Hill State Forest Newfield State Forest Cliffside State Forest Danby State Forest Shindagin Hollow State Forest Potato Hill State Forest Robinson Hollow State Forest Hamond Hill State Forest Yellow Barn State Forest Taughannock Falls State Park Robert H. Treman State Park Buttermilk Falls State Park Dryden Lake State Wildlife Management Area Allen H. Treman State Marina COUNTYCOUNTYSCHUYLERCORTLANDWest Groton Peruville Groton City West Dryden Ellis West Hill Eastern Heights Caroline Center Caroline Speedsville Trumbull's Corners Cayuta Willseyville Village of Candor EnfieldCenter Mecklenburg Perry City Jacksonville Covert South Lansing Myers East Lansing Asbury Genoa Locke East Genoa King Ferry Five Corners Goodyear's Corners Summer Hill North Spencer Village of Spencer Jenksville North Van Etten Swartwood Alpine Junction C A Y U T AC A T H E R I N EV A N E T T E N S P E N C E R C A N D O R B E R K S H I R EN E W A R KV A L L E YH E C T O RC O V E R T G E N O A L O C K E S U M M E R H I L L H O M E RC O R T L A N D V I L L EV I R G I LH A R F O R DHarford UV96 UV79 UV38 G R O T O N L A N S I N G I T H A C A COUNTY 326 325 UV13 UV96B UV38 UV79 UV89 UV34 UV222 UV366 UV34 UV96 UV13 UV227 UV34B UV327 UV38 327 ITHACA 328 LANSINGVILLE RDLOCKERDWHI TECHURCHRDD OUGL A S R D FARRELL RD WEEKS RD BURDGEHILLRDPE RRY CI TY RD BREED RDMILLARD HILL RD SNYD ERHILLRD RIDGE WAY RD S T ATION RD BROOK T ONDAL E RD S O U T H WORT HRDWARRENRDBLACK OAK RDD U B O I S R DELLIS HOLLOW RD CURTIS RDDAVI SRDTURKEYHILLRDSIMMS HILLRD F ORE S T H O ME DR NEW F I E L D D E P O T RD COBB STCOD D I N G T O N R D JERRY SMITH RD COMFORT RDMYERSRDC O XRD BOSTWICK RD F A L L CREEKRDSPRING ST EXT M T P L E A S A N T R D CARMAN RD WI L L OWC R E E K R D MIDLINERDTAUGH A N NO C KPAR KRD PERUVILLE RD MAY LABOICEVILLERDBROW N RDELLIS HOLLOW C R E E K R DPIPER RDGORGER DALGERINE RD JACKSONVILLE RDGAME FARM RDH I N E S RDPIN CKNEYRDLAFAYETTERDL O W E RC RE E KR DE LAKE RDSALMONCREEKRDDECAMP RD BANKSR D S HAFF E R RDS E V E N T Y SIX R O A D HANSHAW R DBELLESC HOO L RD HUNTH ILL R D R I C E R D B U FFALO R D R E A C H RUN W SENECA RD M A INS T HORIZO N DR MILL RDED HILL RDKRUMS CORS RDSEBRINGRDP LEASANT VALL E Y R D SUNPATH STEAM M ILLRDCHAMPLINRDCAYUTARDSPE E D HILLRDLANSING S T A T I O N R D ELM ST EXT COY G L E N R D KRAFT RD ASBURYRD B OWER RD CURRYRD GENUNGRDHIL LVIEWRD WOOD RDGR OVE SC H O O L RDSHEFFIELD RDPOOLE RD SHELDON RDP I NETREERDSOUTHDANBYRDV A L L E Y R D ENFIELD CENTER RD EBUCK HILL RD NWEST DRYDEN RD ROAT ST M O TT R DPODUN K RDROSI NA D R HAYTS RD PERKINSRDBALDHILLRDLAKERI DGERDWALPOLE R D RINGWOO DRDTEE TER RD TROYRDHAPPY LNOLD STAGE RD W OO LF LN VAN KIRK RDE MILLE R R D G R A Y RD BUCKR D C ENTRALCHAPELRDS T E V E N S RDCLARKSTEXT DECANN DRHALSEYVILLE RDFIDDLER S GRN N TRIPHAMMER RDIRADELL RD F REES E R D SANDBANKRDH A R FO R D R D NELSONRD DURF E E HIL LRDPORTLANDPOINTRD NORTH RDB UR N S R D HINMANRDS EELE YH I L L R DY A PLERDMILLST ROSS RD WICKHAM RD TEST R D CRICKET LN ELLIS DR T A GGARTRD STORM RD OGDEN RD WATERBURG RDCHI PMANCORSRDCADY LN RICH RDCONLO N R D B R O O KRDPETE R RDMIDDA UGHRDDURFEE RD PORTER HILL RDS I L L RD CONNECTICUT HILLRD N LANSI NGSCH O O L R D MOORE RD AIKEN RD HART RDSCOFIELD RDGULFHILL R D STARKSRDFORD HILL RD SALT RDMCGRATHRDREDW OO D LN ORIONDRUPDIKE RDFISH RD LIVERMORE RDFULLERLNHOWLANDRDLUCE RDCALKINSRD J OH NSONRDF A L L S RD ETNA R D M U ZZY RD JACKS O NHOLLOWRDWALKER RDMARSH RDBUCK HILL RD SB U L L H IL L R D VAN BUSKIRK GULF RD L A K ER DSMI THRDLICK STB O Y L A N D R D W E S T G R O T O N RDLEVELGREE N RD TALLOW HILL RDH U RDRD WILSON RDDUBLINRD PROTTSHILL RD H O R N B ROO K RD LAYEN RD TEHAN RDIRISHSE TTLEMENTRDCASWELL RDSOVOCOOL HILL RD FRENCH HILL RD VAN L I E W R D P U RVIS RD NEIMI RD G O O D M AN R D MUNSON RD LIEB RD C O L EGRO V E RD SWEAZEY R D IND IAN FO R T RD TU PPERRDDEVLEN RDT HOMASRDSIXHUNDREDRDFLAT IRON RDCOLLINS RDN VAN DORN RDSINCERBEAUX RDSHARPSTEEN RDDATES RDBENSONRDS M A I N STEXT W ILKIN S R D SAGE RDS W E ET L AND RD NORTH WOOD RDMICHIGANHOLLOWRDB E A M H ILLR DEMMONS RD SPURR D SCHUTT RDR A B B IT R U N RD BUNDY RD C U LVE R R DBRADSHAWR D LOISLN TOMPKINS COUNTY 1:158,400 101234Miles One Inch represents 2.5 miles TowingZones2019.mxd S. Borovska 5/10/2019 Tompkins County Information Technology Services GIS Division ± New York State Plane Central 1983 North American Datum TOWING ZONES 9.4 Support & Authorization for New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant Pertaining to Biosolids - Resolution WHEREAS, the Common Council, City of Ithaca, Tompkins County, supports the submission of a 2019 Consolidated Funding Application (CFA) on behalf of the City, for the Water Infrastructure Engineering Planning Grant (EPG) program to conduct a study to investigate the commercially available technologies for converting Biosolids; and WHEREAS, the New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Environmental Facilities Corporation (EFC), provides a competitive statewide reimbursement grant program to assist in the initial planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects; and WHEREAS, The City of Ithaca meets EPG eligibility, below municipal median household income requirements and the reduction or elimination of the amount of Biosolids sent to the landfill would significantly benefit the City and its residents; and WHEREAS, if funding is received it will allow the City of Ithaca to obtain an engineering report to investigate technologies available for converting the existing Class B Biosolids produced at the Wastewater Treatment Plan (WWTP) into Class A Biosolids, allowing them to be beneficially re-used; and WHEREAS, the above referenced Action has been determined to be a Type II Action under 6 N.Y.C.R.R. Section 617.5 [c] [27] of the State Environmental Quality Review (SEQR) Regulations and does not require environmental review; and WHEREAS, If awarded the grant the City of Ithaca will pay the required local matching portion of the grant in the amount of $6,000.00 from existing funds available in the Ithaca Area Wastewater Treatment Plant 2019 budget; now, therefore be it RESOLVED, That Common Council, on behalf of the City, identifies Mayor Svante Myrick as the authorized representative for this project, able to execute necessary documents relative to and as required for this application; and, be it further RESOLVED, That the Ithaca Common Council, on behalf of the City, recognizes and fully supports the submission of this CFA for an EPG for a Biosolid investigation. 9.5 Support & Authorization for New York State Consolidated Funding Application, Water Infrastructure Engineering Planning Grant for Inflow and Infiltration Project - Resolution WHEREAS, the Common Council, City of Ithaca, Tompkins County, supports the submission of a 2019 Consolidated Funding Application (CFA) on behalf of the City, for the Water Infrastructure Engineering Planning Grant (EPG) program to conduct a study on Inflow and Infiltration within the City sewer collection system; and WHEREAS, the New York State Department of Environmental Conservation (DEC), in conjunction with the New York State Environmental Facilities Corporation (EFC), provides a competitive statewide reimbursement grant program to assist in the initial planning of eligible Clean Water State Revolving Fund (CWSRF) water quality projects; and WHEREAS, The City of Ithaca meets EPG eligibility, this project is considered a funding priority as an area with suspected Inflow and Infiltration issues, and the City is below municipal median household income requirements; and WHEREAS, if funding is received it will allow the City of Ithaca to obtain an engineering report to investigate their significant inflow and infiltration issues to identify solutions, enabling them to seek financing for construction through the CWSRF program, advancing the needed water quality improvements; and WHEREAS, the above referenced action has been determined to be a Type II Action under 6 N.Y.C.R.R. Section 617.5 [c] [27] of the State Environmental Quality Review (SEQR) Regulations and does not require environmental review; and WHEREAS, If awarded the grant the City of Ithaca will pay the required local matching portion of the grant in the amount of $6,000.00 from existing funds available in the Ithaca Area Wastewater Treatment Facility 2019 budget; now, therefore be it RESOLVED, That Common Council, on behalf of the City, identifies Mayor Svante Myrick as the authorized representative for the project, able to execute necessary documents relative to and as required for this application; and, be it further RESOLVED, That the Ithaca Common Council, on behalf of the City, recognizes and fully supports the submission of this CFA for an EPG for Inflow and Infiltration. MEMORANDUM CITY OF ITHACA DPW – WATER & SEWER DIVISION 510 FIRST STREET Date: 6/27/19 To: City of Ithaca Common Council & Mayor Cc: Mike Thorne, PE, City Superintendent of Public Works Steve Thayer, City Controller From: Erik Whitney, PE, Assistant Superintendent of Public Works, W&S Division RE: Engineering Planning Grant Application Resolutions on July 3rd Agenda All, Accompanying this memo are two engineering planning grant resolutions necessary for the applications to go in on July 18 through the Consolidated Funding Application to the NYS Environmental Facilities Corporation. One grant application supporting resolution for Infiltration & Inflow and one for Class A Bio-solids. The Engineering Reports which will come out of both these studies will be the required “seed” for Implementation Grant Applications in the future. Tim Carpenter of MRB Engineers prepared the Resolutions and associated forms he'll need to submit on our behalf. MRB was the firm selected for this as they had previously performed a headworks loading study for the IAWWTF and had a lot of the background information needed to get off to a running start. I have revised the resolutions based on input from the City Admin Committee and the Planning Department. We have a relatively high probability of realizing these as they are both in areas of NYSDEC priority designation for grant award. Background: Reducing I&I will be a real priority in our Green Initiative because of the potential energy savings. At the present time I&I constitutes more than half of the WWTP flow. This means both pumping and aeration costs are near double what they could be if we had a tight system. While that will never be the case we should aim to tighten up the system by finding and eliminating maybe half of the I&I in the next 2-decades. Our current electric costs are on the average $16,000 per month and 85% plus of that is for pumping and aeration. We also generate on site from bio-gas about 40% of our electric demand. If it weren't for our onsite generation offset our actual electric bill would be $22,000 per month plus. If we eliminated half of our I&I we could reduce our monthly electric bill by almost $10,000 a month. That's huge! We now spend about $400,000 annually trucking and landfilling Class B bio-solids. If we could produce a class A bio-solid we potentially could reduce our costs by 50% or more and reduce the trucking considerably. 10. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 10.1 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code Entitled “Zoning”- Article III, Entitled “Special Conditions and Special Permits” ORDINANCE NO. 2019- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. The title of Article III of Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” is hereby amended to read [Special Conditions and Special Permits] “Special Permits and Related Special Conditions”. Section 2. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”, Section 9 Entitled “Standards for Special Conditions and Special Permits” is hereby repealed in its entirety and amended to read as follows: A. Intent. The intent of this section is to set forth regulations and conditions which shall apply to certain land uses and activities which are incongruous or sufficiently unique in terms of their nature, location and effect on the surrounding environment and the quality of the community to warrant special evaluation of each individual case. B. Applicability. (1) The uses listed under the district regulations in §325-8, District Regulations, which require a special permit from the Planning and Development Board are as follows: (a) Accessory apartments in all R-1, R-2, CR-1, and CR-2 districts. (b) Cemeteries in all districts. (c) Public utility facilities in all districts. (d) Schools and related uses in all residential districts. (e) Nursery schools or child day-care centers in R-2, CR-2 and R-U districts. (f) Neighborhood retail or service commercial facilities in R-2, R-3, CR-2, CR-3, and CR-4 districts. (g) Hospitals or sanatoriums in R-3, CR-3, and CR-4 districts. (h) Any use other than public recreation, classrooms, or living accommodations in P-1 districts that are located within 200 feet of adjoining residential districts. (1) In such P-1 districts, living accommodations within 200 feet of an adjoining residential district shall conform to the use and area regulation applying to the strictest adjoining residential district. (i) Home occupations in all residential districts, unless the home occupation meets all of the following criteria: (1) The occupation does not carry a stock of merchandise or store materials for resale or use in the occupation, except for a reasonable quantity of office supplies incidental to a small office; (2) The occupation does not create traffic or need for parking beyond that which is incidental to the residential use of the property. Factors that are not to be considered incidental to residential use are regularly scheduled events such as deliveries, client or customer visits, or similar events; and (3) The occupation requires or performs no exterior alterations and maintains no exterior display visible from outside the residence (including vehicle with signage parked outside of the buildings) except a nameplate as permitted by Chapter 272, Signs, of the City Municipal Code. (4) The occupation does not create any noise, vibration, smoke, dust, or objectionable effects not customarily incidental and accessory to the residential use of the property. (j) Towers or structures for the transmission or receipt of radio or other electronic communications signals (except those subject to Article VA of this chapter), unless: (1) The towers or structures are antennas or satellite dishes with a maximum diameter of six feet or less; (2) Such antennas or satellite dishes are not in a front yard; (3) The maximum height (top to bottom) of such antenna or satellite dish, including attached mounting supports, is 10 feet or less; and (4) Such antennas or satellite dishes, if they are to be located where they would ordinarily be visible from a public way adjoining the property, are subject to the following conditions: (a) If in a residential district or on a lot abutting or across a street or waterway from a residential district they shall be screened from such view. (b) In all other locations, they shall be screened from such view or be of a color and/or location that will minimize their visual impact. (k) Telecommunications Facilities and Services. (l) Towers or structures intended for the generation of electricity for the premises on which such tower is located in all districts. (m) Community or neighborhood gardens in all districts. (n) Group or adult day-care facilities in R-2 and CR-2 districts. (o) Redemption centers in B-2 districts. (p) Bed-and-breakfast homes and bed-and-breakfast inns in all districts. (q) Neighborhood parking in any district where such parking is permitted. (2) Any use allowed by special permit and requiring signage is subject to the provisions of Chapter 272, Signs, of the City Municipal Code, and such signage shall be reviewed by the Planning and Development Board as part of the special permit approval process. (3) All additional conditions for specific uses, as identified in §325-10, Additional Conditions for Special Permits, must be met or specifically waived by resolution of the Planning and Development Board. C. Special Permit Procedures. (1) Submission of application materials. Applicants must submit a complete special permit application, including all applicable materials as described in the application checklist. The Planning and Development Board may require additional application materials, depending on the scope and complexity of the project. (2) Public notice. (a) By mail. The applicant shall notify the owners of record of all properties within 200 feet of the property boundary of the project site at least 20 days before the Planning and Development Board meeting. Such notice shall be in the form approved by the Board, briefly state essential facts about the proposed special permit, and inform recipients of the date, time, and place of the meeting and the place where further information about the proposal and review process may be obtained. The applicant shall provide the Board with certification of compliance with notice procedures. (b) By posting. The applicant shall post a sign at the center of each property line of the project site which front on a public or private roadway or a public right-of-way at least 20 days before the Planning and Development Board meeting. Such signs shall be continuously maintained and displayed facing the roadway until final action has been taken by the Board to approve or deny the special permit. The required signs shall be obtained from the Division of Planning and Development, and a nonrefundable fee shall be paid for each sign or replacement obtained. At the time such signs are obtained, the applicant or the applicant’s representative shall indicate, in writing, the date on which the signs are to be erected. (c) By newspaper. The hearing on the special permit application shall be advertised in a newspaper of general circulation in the City at least five days before the hearing. (3) Planning and Development Board meeting. Following timely receipt of a complete application for a special permit, the Board shall schedule consideration of the application at its earliest possible scheduled meeting. The Board may establish its procedures and requirements, within the framework provided by this chapter, for the review of special permits. (4) Public hearing. Prior to rendering any decision on a special permit application, the Board shall first hold a public hearing on the proposed use. This may begin concurrently with any required public hearing for the purpose of environmental review and/or site plan review of the same project and may continue after any such environmental review or site plan review public hearings are closed. (5) Within 65 days after completion of environmental review on a special permit application, the Board shall render one of the following decisions: (a) Final approval. (b) Final approval with conditions. (c) Denial of the special permit. (6) Communication of decisions. The Director of Planning and Development and the applicant shall be notified, in writing, of the decision on a special permit application no later than 10 working days after the date of the decision. D. Permit Review Criteria. (1) General Criteria. (a) A special permit shall be granted for a proposed use or activity if it meets the following criteria: (1) The location and size of the use, the size of the site in relation to it, and the location of the site with respect to the existing or future streets giving access to it shall be such that the use will be in harmony with the existing or intended character of the neighborhood and will not discourage the appropriate development of adjacent land and buildings or impair the enjoyment or value thereof. (2) Operations in connection with the use shall not be more objectionable to nearby property by reason of noise, fumes, increased vehicular traffic or parking demand, vibration, or flashing lights than would be the operations of any use permitted without a special permit. (3) The granting of a special permit may be conditioned on the effect the use would have on traffic, congestion, environment, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community. (b) The Planning and Development Board shall deny a special permit where it finds that a proposed use would have a significant negative impact on traffic, congestion, environment, property values, municipal services, character of the surrounding neighborhood, or the general plan for the development of the community, including considerations of occupant load, night operation, and the use of chemical, biological, or radioactive agents expected in connection with the proposed activity. (c) The applicant may be required by the Board to submit plans for the site and parking facilities and to disclose other features of the applicant’s proposed use so as to afford the Board an opportunity to weigh the proposed use in relation to neighboring land uses and to cushion any adverse effects by imposing conditions designed to mitigate them. If the Board finds that the adverse effects cannot be sufficiently mitigated, then the Board shall deny the special permit. (2) Additional conditions for specific uses may be found in §325-10, Additional Conditions for Special Permits. E. Application Fees. The application fee shall be based on the type of use for which the special permit is sought in accordance with the following schedule. (1) Accessory apartments and home occupations - $100 (2) All other special permits (including bed-and-breakfast homes and inns) - $150 F. Expiration and Renewals. (1) Special permits do not expire, with the following exceptions: (a) An accessory apartment special permit shall be issued for a three-year period. (1) The renewal of accessory apartment special permits for additional three-year periods shall be granted by the Director of Planning and Development or designee following the issuance of a Certificate of Compliance for the entire property, verifying that the conditions originally set forth have not changed in any way. To prevent expiration of the special permit, the Certificate of Compliance must be obtained within the three-year period. (b) A home occupation special permit shall be issued for a three-year period. (1) The renewal of home occupation special permits for additional three-year periods shall be granted by the Director of Planning and Development or designee following the issuance of a Certificate of Compliance for the entire property, verifying that the conditions originally set forth have not changed in any way. To prevent expiration of the special permit, the Certificate of Compliance must be obtained within the three-year period. (c) A bed-and-breakfast home or inn special permit in all residential districts shall be issued for a five-year period. (1) All requirements pertaining to the application for and granting of a first-time special permit for a bed-and- breakfast home or inn shall also apply to the application for and granting of a renewed special permit, including the application and notification procedures set forth in §325-9C and the expiration of such renewed special permit after five years. (d) A community or neighborhood garden special permit shall expire automatically if the site is not used as a community or neighborhood garden, as defined in §325-3, for one complete garden season. (1) If a community or neighborhood garden special permit should expire, a new application must be submitted pursuant to §325-9C of this chapter. (2) It is the responsibility of permit holders to renew their special permits prior to expiration. G. Appeals. Any person aggrieved by any decision of the Board, or any officer or agency of the City, regarding the issuance of a special permit, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. H. Revocation. The Director of Planning and Development or designee shall revoke any special permit issued hereunder should the applicant or the applicant’s tenant violate any provision of this chapter or any condition imposed upon the issuance of the special permit by the Planning and Development Board. Section 4. Section 10 of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby repealed in its entirety. Section 5. A new section 10, entitled “Additional Conditions for Special Permits”, of Chapter 325, Zoning, is hereby added to the Municipal Code of the City of Ithaca, to read as follows: A. Intent. The intent of this section is to set forth additional requirements and conditions which shall apply to certain uses allowed by special permit under §325-8, District Regulations, of the City Municipal Code. B. Applicability. All uses allowed by special permit shall be subject to the criteria set forth in §325-9, Special Permits. In addition, accessory apartments, bed- and-breakfast homes, bed-and-breakfast inns, community or neighborhood gardens, and schools and related uses shall be subject to additional conditions as set forth in §325-10C. C. Additional Conditions. (1) Accessory Apartments. The following specific conditions shall be applicable to all special permits for accessory apartments: (a) The owner(s) of the lot upon which the accessory apartment is located shall occupy and maintain at least one of the dwelling units on the premises as a legal full-time residence, except for temporary absences not to exceed 18 months cumulatively in any five-year period. Longer absences will result in revocation of the special permit unless approved by the Planning and Development Board. (b) The main dwelling unit and the accessory apartment unit each may be occupied by an individual or a family plus not more than one unrelated occupant. Minor dependent children in the care of a parent or relative shall be excluded in determining the number of unrelated occupants in a dwelling unit. (c) Accessory apartments may be located only on one-family properties in any district in which residential use is permitted. An accessory apartment may be located either in the principal structure or 2) in an existing accessory building or 3) in a new structure provided that all such structures meet all the requirements of the City of Ithaca Building Code. (d) There shall be no more than one accessory apartment per lot. (e) The floor area of an accessory apartment within a principal dwelling building shall not exceed 33 1/3% of the total habitable floor area of the building in which it is located. If the Planning and Development Board determines that a greater floor space is necessary because the configuration of the building makes meeting these requirements impractical, then the Board may waive the maximum. (f) Each accessory apartment shall be limited to a maximum of two bedrooms. (g) Area requirements. (1) A special permit for an accessory apartment shall be granted by the Planning and Development Board in spite of existing legal area deficiencies, except where the Board determines that there would be a negative effect on surrounding properties. (2) Notwithstanding any other requirements of this section, a minimum side and rear yard setback of five feet shall be required, except that, where light, air and open space requirements of the City Building and Housing Code can be met, the five foot setback may be waived in existing principal structures. (3) New structures housing accessory apartments shall meet all applicable codes, including the area requirements of this chapter. (4) Temporary relief of area requirements for purposes of a special permit shall terminate with the special permit and shall not be viewed as a variance. (h) If an accessory apartment is located in the main building, the entry to the building and its design shall be such that the appearance of the building shall remain as a single-family residence. New or additional front entrances or windows are discouraged but in any event must be in keeping with the architectural style of the rest of the structure. Exterior stairways may only be constructed in the rear, except where an alternate location would be less publicly visible. (i) One additional off-street parking space is required for an accessory apartment. (j) Within 30 days of approval of an accessory apartment special permit, the owner(s) must record at the Tompkins County Clerk’s office a declaration of covenants on the subject property, with cross-referencing to the original deed, and provide proof of such recording and cross- referencing to the Department of Planning, Building and Development, who may then issue a building permit. The declaration shall state that the right to use the property as a two-family dwelling ceases if the property is not occupied by the owner of this real property for his or her legal full-time residence as required by §325-10C(1) of the City of Ithaca Municipal Code. The declaration shall go on to state that the special permit granted by the Planning and Development Board expires unless renewed every three years as required by §325-9F(1)(a) of the City of Ithaca Municipal Code. The Director of Planning and Development or designee shall note the existence of an accessory apartment on the record of the property. (k) Unapproved accessory apartments. Owners of unapproved accessory apartments in existence as of the effective date of this section shall have 90 days from the date of enactment to apply for an accessory apartment temporary permit and to meet the requirements of this section. Any such property owner who is not in the process of completing or who has not completed these requirements within the required 90 days shall be found in violation if the apartment is occupied. (2) Bed-and-breakfast homes and bed-and-breakfast inns in all districts. The following specific conditions shall be applicable to all special permits for bed-and-breakfast homes and bed-and-breakfast inns and must be adhered to during the period that the bed-and-breakfast use is in operation: (a) The bed-and-breakfast home or inn must obtain a Certificate of Compliance. (b) A bed-and-breakfast home must be owner-occupied and owner-managed, as defined in §325-3. A bed-and-breakfast inn must be owner-managed. (c) Bed-and-breakfast homes or inns in residential zones must be compatible with the surrounding residential neighborhood. (d) No alterations to the exterior of the house for the purpose of establishing or expanding bed-and-breakfast operations shall be permitted except for routine maintenance, alterations not requiring a building permit, restoration, or requirements related to safety or handicapped accessibility. There shall be no exterior indication of a business, except the one permitted sign as indicated below, and required parking. Drawings illustrating any proposed exterior modifications must be submitted with the special permit application. (e) No cooking facilities are permitted in the individual guest rooms. (f) In-house food service shall only be provided to guests, owner-occupants, owner-managers, and staff. (g) In R-2 districts, no bed-and-breakfast home may be located on a lot closer than 500 feet to any other lot containing a bed- and-breakfast home, with only one such establishment permitted per block face. (3) Community or neighborhood gardens. The following specific conditions shall be applicable to all special permits for community or neighborhood gardens: (a) At least one responsible adult, who shall be a participant in the gardening, a representative of the sponsoring organization, or the owner of the subject property, shall administer or coordinate the operation and act as a contact person for the duration of the gardening activity. (b) The area to be used will be operated in a responsible manner at all times so as not to present a nuisance to or interfere with the use of enjoyment of neighboring private or public property. (c) Unused portions of the site shall be maintained in a neat and orderly manner at all times. (d) Gardening activity on individual plots must be confined to the hours of 7:00 a.m. to 10:00 p.m., except that power machinery shall not be operated before 8:00 a.m. or after 8:00 p.m. (e) Power or motorized machinery used in preparing and maintaining individual plots shall be no larger than that normally used in connection with home gardening (e.g. a typical walk-behind rototiller). (f) Farm tractors or other heavy machinery shall not be employed on the site except for initial site development and for annual spring preparation and fall cleanup, if necessary. In those instances, it shall be operated only between 8:00 a.m. and 6:00 p.m. weekdays. (g) Mulch, compost, or organic fertilizer employed in the gardening is confined to the site in a neat and orderly manner, and no fresh manure shall be used or composted. (h) All organic refuse and trash from the gardening operations shall be promptly and properly disposed of on at least a weekly basis and, pending disposition, it shall be stored neatly in such a way that it does not produce offensive odors or attract dogs, raccoons, or vermin. (i) Noxious fertilizers or noxious chemicals employed in the gardening are used only with the knowledge and consent of all gardeners using the site, all adjoining property owners, and, in the event that adjoining properties are rental residential properties, with the knowledge and consent of the head of each tenant household. (j) No flammable liquids shall be stored on the site. (k) Noise and odors produced in connection with the gardening activity shall be no greater than those normally associated with home gardening. (l) The entire site will be cleaned and left with a neat appearance at the end of each gardening season or within 30 days of revocation or expiration of a permit, whichever occurs first. (m)The Planning and Development Board may prescribe any conditions that it deems necessary or desirable, including but not limited to additional off- street parking spaces, so that the character of the neighborhood shall be preserved and public safety and welfare secured. (n) Approved special permits for community and neighborhood gardens shall be reviewed by the Director of Planning and Development or designee at least annually for compliance with the above noted conditions and other conditions specific to each permit’s approval. If, following such review or investigation of any complaint, the Director of Planning and Development or designee determines that a substantial violation exists, notice of such violation shall be mailed to the designated contact person, requiring that such violation be corrected within 15 days. If satisfactory correction is not made, the special permit may be revoked by the Director of Planning and Development or designee. (o) In consideration of the fact that such gardens may be of an interim nature, may occupy only a portion of a parcel and may be located on property unsuited for other uses permitted under this chapter, the distric t regulations specified for permitted uses under §325-8 of this chapter shall be superseded, where applicable, by the following regulations for community or neighborhood gardens: (1) Minimum lot size: none (2) Width in feet at the street line: none required; however, sites lacking street frontage shall be accessible to vehicles and pedestrians via a right-of-way of at least eight feet in width. (3) Permitted structures: No structures for human habitation or occupancy shall be permitted except for a weather shelter for gardeners, which may have a maximum floor area of 64 square feet. A light accessory structure for storage of gardening equipment and materials for plant propagation, with a maximum floor area of 64 square feet, may be erected separately or attached to the weather shelter. If necessary, a well-housing structure for the production of water for garden use may be erected with permission of the owner of the site. (4) Parking and loading space: At least one off-street space on or immediately adjacent to the site shall be provided for the use of the gardeners for each 15 individual garden plots on the site or portion thereof. (5) Yard setbacks shall not be required, except that the provisions of §325-17B and C and §325-25 of this chapter shall apply to any plantings, fences or accessory structures on the site. (4) Schools and related uses. The following specific conditions shall be applicable to all special permits for schools and related uses in all residential districts: (a) If the proposed use is the expansion of an existing educational use, the applicant must show a need to expand into the residential area rather than into a less-restrictive area. No special permit shall be granted by the Planning and Development Board unless the applicant can demonstrate that there is no reasonable alternative to location or expansion on the site proposed. (b) The location and size of the use, the size of the site in relation to it, the operations in connection with the use and the parking and traffic related to the operations shall not be such as to create a significant hazard to the safety or general welfare of the surrounding area. (c) The proposed use or operation shall not produce or present substantial danger of excessive noise, noxious odors, noxious or harmful discharge, fire or explosion, radiation, chemical or toxic release or other conditions injurious to the health or general welfare of occupants of nearby properties. (d) The size and use of the facility or the concentration with similar facilities in the neighborhood shall not be so substantially out of proportion to the character of the neighborhood as to jeopardize the continued use of the neighborhood for residential purposes. Section 6. Severability. If any section, paragraph or provision of this ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of the section shall remain valid and effective. Section 7. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10.2 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning” To Amend §325-8, Entitled “District Regulations”, for the R-3 Zoning District ORDINANCE NO. 2019- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 8 Entitled “District Regulations”, is hereby amended to update all headings pertaining to uses allowed by special permit in all districts to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 1: BY SPECIAL PERMIT OF PLANNING AND DEVELOPMENT BOARD [BOARD OF APPEALS] Section 2. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 8 Entitled “District Regulations” is hereby amended to update a section reference in the district regulations for Permitted Accessory Uses in the R-1 Zoning District to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 3: Permitted Accessory Uses 8. Home occupations: Special permits are required in certain situations. See §325-9B(1) [§3259C{i}]. Section 3. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 8 Entitled “District Regulations” is hereby amended to modify the district regulations for Permitted Accessory Uses in the R-3 Zoning District to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 3: Permitted Accessory Uses 1. Required off-street parking. 2. Private garage for 4 or more cars. 3. Structures for construction purposes, not to remain over two years. 4. Sign in connection with permitted use (see Sign Ordinance, Ch. 272 of City of Ithaca Municipal Code). 5. By special permit: Tower or structures for receipt or transmission of electronic signals for commercial purposes or for the generation of electricity to be used on the premises where generated in any district (see §325-9). Except for personal wireless service facilities. 6. Adult Day Care Home. 7. Home occupations: special permits are required in certain situations (see §325-9B(1)). 8. By special permit: Neighborhood parking area subject to regulation of §325-20(B). 9. [Any accessory uses permitted in R-2.] Section 4. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 8 Entitled “District Regulations” is hereby amended to modify the district regulations for Permitted Primary Uses in the I-1 District to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 2: Permitted Primary Uses 3. Any use not permitted in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with §325-9 and concurrence by the Common Council. Section 5. Severability. If any section, paragraph or provision of this ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of the section shall remain valid and effective. 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. 3/6/20194/2/2019 Ordinance 2: Revise Permitted Accessory Uses in R-3 Districts 1 An Ordinance Amending The Municipal Code Of The City Of Ithaca, Chapter 325, Entitled “Zoning” To Amend §325-8, District Regulations, for the R-3 Zoning District The ordinance to be considered shall be as follows: ORDINANCE NO. BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Section 8, District Regulations, of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby amended to update all headings pertaining to uses allowed by special permit in all districts to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 1: BY SPECIAL PERMIT OF PLANNING AND DEVELOPMENT BOARD BOARD OF APPEALS Section 2. Section 8, District Regulations, of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby amended to update a section reference in the district regulations for Permitted Accessory Uses in the R-1 Zoning District to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 3: Permitted Accessory Uses 8. Home occupations: Special permits are required in certain situations. See §325-9B(1) §3259C{i}. Section 23. Section 8, District Regulations, of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby amended to modify the district regulations for Permitted Accessory Uses in the R-3 Zoning District to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 3: Permitted Accessory Uses 1. Required off-street parking. 2. Private garage for 4 or more cars. 3. Structures for construction purposes, not to remain over two years. 4. Sign in connection with permitted use (see Sign Ordinance, Ch. 272 of City of Ithaca Municipal Code). 5. By special permit: Tower or structures for receipt or transmission of electronic signals for commercial purposes or for the generation of electricity to be used on the premises where generated in any district (see §325-9). Except for personal wireless service facilities. 6. Adult Day Care Home. 7. Home occupations: special permits are required in certain situations (see §325-9B(1)). 8. By special permit: Neighborhood parking area subject to regulation of §325-20(B). 9. Any accessory uses permitted in R-2. 3/6/20194/2/2019 Ordinance 2: Revise Permitted Accessory Uses in R-3 Districts 2 Section4 3. Section 8, District Regulations, of Chapter 325, Zoning, of the Municipal Code of the City of Ithaca is hereby amended to modify the district regulations for Permitted Primary Uses in the I-1 District to read as follows (changes will appear on the District Regulations Chart, which is a part of Chapter 325): Column 2: Permitted Primary Uses 3. Any use not permitted in any other zoning district, subject to the issuance of a special permit of the Board of Zoning Appeals in accordance with §325-9 and concurrence by the Common Council. Section 45. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10.3 An Ordinance to Amend Chapter 325 of the City Of Ithaca Municipal Code Entitled “Zoning” To Amend §325-19 Entitled “Transition Regulations” ORDINANCE NO. 2019- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 19, Entitled “Transition Regulations” is hereby amended to add the following subsection: E. Development in R-3 Districts which abut R-1 Districts. The development of any permitted use in the R-3a or R-3b Zoning Districts, except a one-family or two-family dwelling, shall be subject to the following special conditions if the land on which the development occurs directly abuts land in either the R-1a or R-1b Zoning District: (1) Minimum lot size (area in square feet): The required area in square feet needed to satisfy the minimum lot size requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District. (2) Maximum building height: The maximum building height requirement shall be the same as the requirement for the abutting R-1a or R-1b District. (3) Maximum percent of lot coverage by buildings: The maximum percent of lot coverage by buildings shall be 75% of the requirement shown on the District Regulations Chart for the R- 3a or R-3b District. (4) Yard dimensions, side or rear yards: The minimum required side or rear yard requirement shall be 150% of the requirement shown on the District Regulations Chart for the R-3a or R-3b District if the side or rear yard abuts land in the R-1a or R-1b District. Section 2. Severability. If any section, paragraph or provision of this ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of the section shall remain valid and effective. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10.4 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code, Entitled “Zoning” To Amend §325-40, Entitled “Board of Appeals; Variances” ORDINANCE NO. 2019- BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 325-40B(2)(b) Entitled “Board of Appeals; variances” is hereby amended as follows: (b) Required information. Every appeal [or application] for relief shall set forth the interpretation that is claimed or [the use for which a special permit is sought or] the details of the variance applied for and the grounds for which it is claimed that the variance should be granted, as the case may be. Appeals [and applications] shall be in writing, on forms prescribed by the Board of Appeals, and shall be filed with the Secretary of the Board. The applicant shall provide a site plan and such other drawings and/or additional information as is necessary for the Board of Appeals to properly consider the appeal [or application] for relief. Section 2. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Section 325-40B(2)(d) Entitled “Board of Appeals; variances” is hereby amended as follows: (6) Special permit applications for accessory apartments, bed-and-breakfast homes, and home occupations: $100 (7) All other special permit applications (including bed-and-breakfast inns): $150 Section 3. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Section 325-40B(2)(e) Entitled “Board of Appeals; variances” is hereby amended as follows: (e) Notices to the public. If a variance, or interpretation [or a special permit is] requested, the appellant shall send notice of the same by mail to all property owners within 200 feet of the boundaries of the lot under consideration. Such notice shall state the relief sought, the type of use contemplated and such additional information as shall be required by the Zoning Administrator [Director of Zoning Administration] or the designee of the Director of Planning and Development and shall be mailed five days prior to the meeting of the Planning Board which next precedes the public hearing. Proof of such mailing shall be filed with the Board of Appeals prior to the holding of the public hearing. Section 4. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 325-40B(2)(f) Entitled “Board of Appeals; variances” is hereby amended as follows: (f) Report by the City Planning and Development Board. At least seven days before any meeting of the Planning and Development Board which precedes the date of the hearing required by law on any [application or] appeal to the Board of Appeals, the Secretary of the Board shall transmit to the Planning and Development Board a copy of said [application or] appeal, together with a copy of the notice of the aforesaid hearing. When a variance, or interpretation [or special permit] is requested, no Board of Appeals action thereon shall be taken until the Planning and Development Board has had the opportunity to submit a report as to conformance with long-range planning objectives. The Planning and Development Board shall have the right to request that action by the Board of Appeals be adjourned for one month to allow the Planning and Development Board to submit such a report as to conformance with long-range planning objectives. Section 5. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 325-40C(1) Entitled “Board of Appeals; variances” is hereby deleted in its entirety and the subsequent subsections shall be renumbered accordingly. Section 6. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 325-40C(5) Entitled “Board of Appeals; variances” is hereby deleted in its entirety and the subsequent subsections shall be renumbered accordingly. Section 7. Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning”, Section 325-40C(6) Entitled “Board of Appeals; variances” is hereby amended as follows: (6) Imposition of conditions. The Board of Appeals shall, in the granting of use variances[,] and area variances, [and special permits,] have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property. Such conditions shall be consistent with the spirit and intent of the Zoning Ordinance and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community. Section 8. Severability. If any section, paragraph or provision of this ordinance shall be determined to be invalid, such invalidity shall apply only to the section, paragraph or provision adjudged invalid, and the rest of the section shall remain valid and effective. Section 9. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. 10.5 Ordinances to Amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and Related Sections” – Declaration of Lead Agency for Environmental Review - Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendments are related and are considered one action for the purposes of environmental review; and WHEREAS, the proposed zoning amendments are a “Type I” Action under the City of Ithaca Environmental Quality Review Ordinance, and the State Environmental Quality Review Act and is subject to environmental review; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review for the revisions to Article III, Special Conditions and Special Permits, and related sections of Chapter 325, Zoning, of the City Municipal Code. 10.6 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code Entitled “Zoning” Article III, Entitled “Special Conditions and Special Permits, and Related Sections” – Determination of Environmental Significance - Resolution WHEREAS, the City of Ithaca is considering revisions to Article III, Special Conditions and Special Permits, and related sections of Chapter 325, Zoning, of the City Municipal Code; and WHEREAS, appropriate environmental review has been conducted including the preparation of a Short Environmental Assessment Form (FEAF), dated March 26, 2019; and WHEREAS, the proposed amendments have been reviewed by the Tompkins County Department of Planning and Sustainability pursuant to §239-l-m of New York State General Municipal Law, which requires that all actions within 500 feet of a County or State facility, including County and State highways, be reviewed by the County Planning Department, and has also been distributed for review by the City of Ithaca Parks, Recreation, and Natural Resources Commission and the City of Ithaca Planning and Development Board; and WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental Quality Review Ordinance and the State Environmental Quality Review Act; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the SEAF prepared by planning staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth in the Short Environmental Assessment Form, dated March 26, 2019; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. To: Common Council From: Lisa Nicholas, Deputy Director of Planning Date: June 18, 2019 RE: Updates to the Proposed Revisions to Special Permits, Accessory Apartments, and Other Related Section of the City Zoning Code In response to some questions at the June 12, 2019 Planning Committee Meeting, a few additional clarifying changes were made to the proposed revised Article III, Special Conditions and Special Permits. You will find these changes on page 8 of the attached version of the document. Reasons for the changes are described in the margins. One change of note was to standardize the use of the principal in alignment with the following definition for accessory apartment in the City Code: Accessory Apartment: A small dwelling unit, added to an owner-occupied single-family residential property, which is subordinate to the principal residential use in terms of size and appearance. If you have questions or comments prior to the meeting, please feel free to contact Lisa Nicholas at 274-6557 or lnicholas@cityofithaca.org. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JoAnn Cornish, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org To: Planning & Economic Development Committee From: Megan Wilson, Senior Planner Date: April 3, 2019 RE: Proposed Revisions to Special Permits, Accessory Apartments, and Other Related Section of the City Zoning Code Following the March Planning & Economic Development Committee meeting, staff circulated the proposed revisions to Article III, Special Conditions and Special Permits, and three related amendments to Chapter 325, Zoning, of the City Municipal Code for additional review and comment. The proposed amendments were also submitted to the Tompkins County Department of Planning and Sustainability for review pursuant to §239-l-m of New York State General Municipal Law. The County’s response to this review will be distributed separately once receive. Two of the ordinances under consideration (Ordinance 1: Special Permits and Accessory Apartments and Ordinance 2: Permitted Accessory Uses in the R-3 Districts) have been revised based on comments submitted by Alderperson Brock and are attached with tracked changes for your review. Staff recommends that these suggested revisions be included for adoption. No other comments have been submitted to date. All four draft ordinances as well as a Short Environmental Assessment Form, dated March 26, 2019, are attached for your consideration. Staff will attend the May 8th meeting to discuss the proposed amendments and address any questions. If you have questions or comments prior to the meeting, please feel free to contact Lisa Nicholas me at 274-6557 or lnicholas@cityofithaca.org. CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 DEPARTMENT OF PLANNING AND DEVELOPMENT JoAnn Cornish, Director Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org For publication on April 24, 2019 LEGAL NOTICE PLEASE TAKE NOTICE that the Common Council of the City of Ithaca, New York, will hold a public hearing to consider the proposal to revise Article III, Special Conditions and Special Permits, and related sections of Chapter 325, Zoning, of the City Municipal Code. The proposed amendments will establish a standardized special permit process under the Planning and Development Board, reconcile inconsistencies within the Code, and remove potential barriers to accessory apartments on owner-occupied properties. The public hearing will be held in the Common Council Chambers, City Hall, 108 East Green Street, in the City of Ithaca, New York, on Wednesday, May 8, 2019, at 6:00 p.m. If you have a disability and require accommodation in order to fully participate, contact the City Clerk’s Office at 274-6570 by 12:00 p.m. on Tuesday, May 7, 2019. A copy of the proposed plan can be accessed on the City’s website at https://www.cityofithaca.org/DocumentCenter/Index/996 or can be viewed in the City of Ithaca Planning Division, 3rd Floor City Hall, 108 East Green Street, Ithaca, New York. JoAnn Cornish Director of Planning & Development 4/2/2019 10.7 An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Establish Minimum Story Height Requirements in all CBD Districts and Minimum Stepback Requirements for Properties on the, 300, 400, and 500 Blocks of West State Street A. Declaration of Lead Agency – Resolution WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law; and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; and WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the City Environmental Quality Review (CEQR) Ordinance, which requires environmental review under CEQR; now, therefore be it RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself lead agency for the environmental review of the proposal to amend the City of Ithaca Municipal Code, Chapter 325, Entitled “Zoning,” to Establish Minimum Story Height Requirements in all CBD Zoning Districts and a Minimum Stepback Requirement for Properties on the 300, 400, and 500 Blocks of West State/MLK Street, City of Ithaca Tax Parcels; 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1- 17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1- 8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6- 1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-15, 71.-6-17, 71.-6-18, 71.-6- 19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.- 3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9. B. Determination of Environmental Significance – Resolution WHEREAS, the Common Council of the City of Ithaca is considering a proposal to establish minimum story height requirements in all CBD Zoning Districts and a minimum stepback requirement for properties on the 300, 400, and 500 blocks of West State/MLK Street, City of Ithaca Tax Parcels; 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.- 1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2- 20, 71.-2-4, 71.-2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5- 18, 71.-5-19, 71.-5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6-15, 71.- 6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6-25, 71.- 6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3-23.2, 72.-3- 24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9; and WHEREAS, the proposed action is a Type 1 Action under the City Environmental Quality Review Ordinance, §176-4 Type 1 Actions, B.7, “The adoption of zoning map changes and changes in the allowable uses within any zoning district, affecting 2 or more acres in the district”; and WHEREAS, the appropriate environmental review has been conducted, including the preparation of a Full Environmental Assessment Form (FEAF) Part 1, dated May 22, 2019, and Part 2, dated May 23, 2019; and WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has reviewed the FEAF prepared by Planning Staff; now, therefore be it RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts as its own the findings and conclusions more fully set forth on the Full Environmental Assessment Form, Part 1, dated May 22, 2019, and Part 2, dated May 23, 2019; and, be it further RESOLVED, That this Common Council, as lead agency in this matter, hereby determines that the proposed action at issue will not have a significant effect on the environment, and that further environmental review is unnecessary; and, be it further RESOLVED, That this resolution constitutes notice of this negative declaration and that the City Clerk is hereby directed to file a copy of the same, together with any attachments, in the City Clerk’s Office, and forward the same to any other parties as required by law. C. An Ordinance to Amend the City Of Ithaca Municipal Code, Chapter 325, Entitled “Zoning” To Establish Minimum Story Height Requirements in all CBD Districts and Minimum Stepback Requirements for Properties on the, 300, 400, and 500 Blocks of West State Street ORDINANCE NO. 2019- BE IT NOW ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Chapter 325 (Zoning) of the Municipal Code of the City of Ithaca is hereby amended as follows: Section 1. Chapter 325, Section 325-8A entitled “District Regulations Chart”, be amended to add minimum story heights in all CBD Zoning Districts, to read as follows: “All new construction in the CBD Zoning Districts are required to have a minimum height of 12’ floor to floor on the first story and a minimum 10’ floor to floor for each subsequent story.” Section 2. Chapter 325, Section 325-8A entitled “District Regulations Chart”, be amended to change the maximum height in the CBD-60 district to 62’, and to change the maximum height in the CBD-50 district to 52’. This is intended to allow for a 12’ minimum height of the first story and a 10’ minimum height of each subsequent story. Section 3. Chapter 325, Section 325-5 of the City of Ithaca Municipal Code, entitled “Zoning Map” is hereby amended to change the zoning designation of the following parcels, or some portion of these parcels, as shown on the attached map entitled “Proposed West State Street Rezoning from CBD-60 to CBD-50 – May 23, 2019”, from CBD-60 to CBD-50: 71.-1-10, 71.-1-11, 71.-1-12, 71.-1-13, 71.-1-14, 71.-1-15, 71.-1-16, 71.-1-17, 71.-1-18, 71.-1-19.1, 71.-1-19.2, 71.-1-22, 71.-1-3, 71.-1-4, 71.-1-5, 71.-1-7, 71.-1-8, 71.-1-9, 71.-2-12, 71.-2-14, 71.-2-15, 71.-2-18, 71.-2-19, 71.-2-20, 71.-2-4, 71.- 2-5, 71.-5-1, 71.-5-10, 71.-5-11, 71.-5-12, 71.-5-13, 71.-5-17.2, 71.-5-18, 71.-5-19, 71.- 5-2, 71.-5-20, 71.-5-22, 71.-5-23, 71.-5-24, 71.-5-4, 71.-5-5, 71.-5-7, 71.-5-8, 71.-5-9, 71.-6-1, 71.-6-10, 71.-6-11, 71.-6-12, 71.-6-13, 71.-6-14, 71.-6- 15, 71.-6-17, 71.-6-18, 71.-6-19, 71.-6-20, 71.-6-21, 71.-6-22, 71.-6-23, 71.-6-24, 71.-6- 25, 71.-6-26, 71.-6-5, 71.-6-6, 71.-6-7, 71.-6-8, 71.-6-9, 72.-3-10, 72.-3-12, 72.-3-14, 72.-3-15, 72.-3-16, 72.-3-17, 72.-3-18.1, 72.-3-18.2, 72.-3-19, 72.-3-2, 72.-3-20, 72.-3- 23.2, 72.-3-24, 72.-3-26, 72.-3-3, 72.-3-6, 72.-3-7, 72.-3-8, 72.-3-9, 72.-4-10, 72.-4-13, 72.-4-14, 72.-4-3, 72.-4-4, 72.-4-5, and 72.-4-9. Section 4. The City of Ithaca Planning and Development Board, the City Clerk and the Planning Department shall amend the zoning map and the district regulations chart in accordance with the amendments made herewith. Section 5. Chapter 325, Section 325-8D entitled “Additional Restrictions in the CBD District”, is hereby amended to add a subsection (4) to read as follows: 325-8D. 4. In order to maintain the existing character and to preserve the pedestrian scale along the street front, all new construction located in the portion of the CBD-60 District directly fronting on the 300, 400, and 500 blocks of West State/MLK Street, the front façade of any newly-constructed structure must contain a stepback of 15’ after the first 32’ in height, before the structure can build up to the maximum allowable height in this district. Section 6. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 7. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. [:',mlimr* Buildings Parcel boundary Zoning Boundary 0 feet m co5 o) T -{:EooDzE79 m JR/STA a - C)o1za D m m WEST GREEN S VELAND AVENUE CNoC --u Sout Com Ce GRS BO mDatu Sou rce Ci of thacaty Zo n n 02 7 o rdi ans nceMapPreparedGS P nanby:oftn9City atu v Pro p osed West S tate St reet Re-Zonin Back-Up ltemrrom CBD 10.7 -60 to CBD-SO-_Itllay 23,201g 0 250 WEST SENECA STREET UT I I NY, NY State Plane,Central Map Ithaca,23 2019 10.8 City of Ithaca Proposed Planned Unit Development Application (PUD): Ithaca Neighborhood Housing Services (INHS) Redevelopment of the Former Immaculate Conception School -Common Council Conditional Approval – Resolution WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a Planned Unit Development Overlay District (PUDOD), which allows the Common Council to have flexibility to approve projects that may not fit into the underlying zoning, but may have benefits for the community that outweigh any impacts resulting from not complying with the pre-established regulations for that district; and WHEREAS, on March 14, 2019, the City of Ithaca received the enclosed application from Ithaca Neighborhood Housing Services, for a Planned Unit Development (PUD) project to be located at 320-324 & 330 W. Buffalo St, and 309 N. Plain Street; and WHEREAS, the applicant is proposing the redevelopment of the former Immaculate Conception School into a vibrant mixed-use community, with a goal of providing both rental and for-sale housing that is affordable at a range of household incomes (from less than 30% AMI up to 90% AMI for the rental units and 80% AMI or below for the for-sale units) and that is suitable for a range of household sizes (from single people to large families); and WHEREAS, the proposed project will also provide space for non-profit organizations and will transfer the existing gymnasium to the Greater Ithaca Activities Center (GIAC); and WHEREAS, the total proposed development contains the following elements: • Retention of the 1948 wing of the existing school building • Demolition and replacement of the c. 1920s wing of the school with a new four-story wing • connecting to the 1948 wing to form an “L” • Retention and rehabilitation of the Catholic Charities Building for their continued use • Detachment of the gymnasium wing and sale to the City for GIAC’s use • Construction of an as-yet undetermined number of rental row houses facing W. Buffalo Street between Catholic Charities and N. Plain Street • Demolition of the existing building at 309 N. Plain Street and construction in that location of a group of rental row houses • Construction of a group of four for-sale row houses facing N. Plain Street at W. Court Street • The project will also include the retention and conversion of the two houses at 330 West Buffalo Street into two rental units, or demolition to allow the construction of an additional group of row houses facing W. Buffalo St. • Adaptive re-use of a portion of the existing school building for non-profit service organizations ; and WHEREAS, the project is intended to provide the following benefits to the community 1. The property is currently wholly exempt. Upon completion, we are projecting the project will pay approximately $45,000 annually in property taxes via a PILOT. 2. The project is expected to result in the creation of 1.5 FTE INHS jobs that will be paid living wages. It is also possible there could be new jobs created by the non- profit organizations that occupy the space, but at this time that is unknown. 3. The project will provide affordable housing. 4. The project will redevelop a vacant school building. 5. The project is required to award at least 30% of the value of our State Housing Trust Fund loan to Certified MWBE contractors, subs, or suppliers. 6. The project will adaptively re-use a largely vacant, centrally located site, supporting the City’s Comprehensive Plan goal of increasing residential density through appropriate infill 7. The project will also provide space for a number of non-profit organizations that serve the local community at a reduced rent. 8. The project will transfer the existing gymnasium to GIAC ; and WHEREAS, a public information session, hosted by the applicant, was held on May 13, 2019 and the meeting was advertised in the Ithaca Journal, the property was posted with signs and property owners within 500 feet of the property were notified by mail of the meeting; and WHEREAS, the process for consideration of an application for Planned Unit Development requires that the applicant obtain an approval in concept from the Common Council prior to beginning the site plan review process; now, therefore be it RESOLVED, That the Common Council does hereby grant approval in concept to Ithaca Neighborhood Housing Services for their application for a Planned Unit Development district to be established on parcel numbers 60.-2-5, 60.-2-11 and 60.-2- 12.; and, be it further RESOLVED, That by granting an approval in concept, the Common Council acknowledges that the applicant is able to begin the site plan review process, despite any zoning-based deficiencies in the application; and, be it further RESOLVED, That the Common Council does hereby request that the City Planning Board update the Common Council after each Planning Board meeting where this project is considered and to request ongoing written comments from the Common Council; and, be it further RESOLVED, That if this project receives a negative declaration of environmental significance and contingent site plan approval, the applicant will return to the Common Council for final consideration of the adoption of the Planned Unit Development district. 5 Part 1. – Applicant Information Application Date:____/____/_____ 1. Applicant Information Applicant Name(All principal owners of 15% or more must be listed): _______ ____________________________________________________________________ _____________________________________________________________________ Address:_______________________City:__________State:______Zip:________ Phone:___________________________Email:____________________________ Property Owner (If different from applicant):_______________________________________ Address:_________________________City:__________State:______Zip:______ Phone:___________________________Email:____________________________ 2. Property Information (Applicant must provide either proof of ownership or an owner’s authorization) Property Street Address: _____________________________________________ Tax Parcel Number: ________________________________________________ Legal description of Property: ________________________________________ Zoning District :______Area: ________Frontage: _____________ Current Uses: _____________________________________________________ 6 3. Project Information Project Name: _______________________________________________________ ________________________________________________________________________ Project Narrative and Summary of Community Benefits (attach additional sheets as needed): ________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Project Location:________________________________________________________ Property Size (acres) – both existing & proposed:_____________________________ Building Size (square feet) – both existing & proposed:_________________________ Proposed Project Start & Completion Dates:_________________________________ Approx. # of rental housing units:__________________________________________ Approx. # of for-sale housing units:_________________________________________ Approx. SF of office:_____________________________________________________ Approx. SF of retail/commercial:___________________________________________ Approx. SF of community/non-profit use:____________________________________ Approx. SF of light industrial/high-tech:_____________________________________ Approx. SF of industrial/manufacturing:_____________________________________ Approx. SF of other uses specify: ___________________________________________ Part 4. – Project Costs 7 Cost of New Construction:___________________ Value of Improvements:_____________________ Value of Equipment to Be Acquired:___________ Other:____________________________________ Total:____________________ Part 5. – Criteria and Potential Project Benefits Minimum Qualification Criteria A PUD can only be established if the following criteria are all determined to have been met:  Does the project further the health and welfare of the community; and  Is the 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 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 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 is the impact on the 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 effects of the proposed use on adjacent properties and the neighborhood in general? 8 (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? (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? (8) What potential impacts are there on environmental, historical, and architectural resources? Does the proposed PUD serve to protect these resources? (9) What potential impacts are there on local government services? (10) Is there available and adequate water service? (11) Is there available and adequate sewer service? (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? Potential Community Benefits Resulting from the PUD Project (1) What will be the increase to the tax roll value of new real property? (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? (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? (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)? (5) Will the project fill vacant store fronts? (6) Will the project involve environmental remediation? (7) Is the project a historic preservation project (in accordance with the Secretary of Interior's standards)? (8) Will the project be assisting/contracting/renting to MWBEs? (9) Will the project provide free (reduced cost) community space in the project (for example to a 501c3 non-profit)? (10) Will the project produce large-scale alternative energy, local energy or combined heat/power that results in a significant reduction in greenhouse gas emission? (11) Will the project result in high tech job creation? (12) Does the project contain the redevelopment of a Brownfield site? (13) Will this project provide any other community wide benefits? Immaculate Conception School Redevelopment Planned Unit Development Application Narrative Ithaca Neighborhood Housing Services 3/14/19 Project Narrative and Summary of Community Benefits Ithaca Neighborhood Housing Services’ vision for the redevelopment of this unique property is to create a vibrant mixed-use community, specifically designed to address high-priority local needs. Toward that end, we are now in the process of engaging neighbors, potential partners, and other stakeholders, through a series of public meetings, to determine the appropriate final configuration of the project. We are beginning the PUD process concurrent with this public outreach because of the deadlines imposed by our funding sources for the receipt of local land use approvals. For this reason, our application describes a range, albeit a fairly narrow one, of likely project configurations. We will keep the City apprised as this range of options narrows until ultimately the final details of the project are determined. The over-arching goal of INHS’ redevelopment of the Immaculate Conception School site is to provide both rental and for-sale housing that is affordable at a range of household incomes (from less than 30% AMI up to 90% AMI for the rental units and 80% AMI or below for the for-sale units) and that is suitable for a range of household sizes (from single people to large families). The project will also provide space for an as-yet undetermined number of non-profit organizations that serve the local community, and will transfer the existing gymnasium to GIAC. The project team is committed to accomplishing these goals within a physical form that is compatible with the character of the neighborhood, respectful of neighboring land uses, and responsive to community input. As of the date of submission of this application we have held one community meeting to receive feedback on our initial design. Our second meeting is scheduled for March 28, at which time we will present our responses to the comment received at the first meeting, and begin to delve more deeply into the aesthetics of the new design. Based on what we’ve heard so far and on the financial modeling done to date, our proposed redevelopment of the site will include the following specific elements: • Retention of the 1948 wing of the existing school building • Demolition and replacement of the c. 1920s wing of the school with a new four-story wing connecting to the 1948 wing to form an “L” • Retention and rehabilitation of the Catholic Charities Building for their continued use • Detachment of the gymnasium wing, subdivision to create a separate legal lot, and sale of that gymnasium parcel to the City for GIAC’s use • Construction of an as-yet undetermined number of rental row houses facing W. Buffalo Street between Catholic Charities and N. Plain Street • Demolition of the existing building at 309 N. Plain Street and construction in that location of a group of rental row houses • Construction of a group of four for-sale row houses facing N. Plain Street at W. Court Street There are two possible approaches under consideration at this time for the house at 330 W. Buffalo: retention and conversion into two rental units, or demolition to allow the construction of an additional group of row houses facing W. Buffalo. Please note that the attached site plans reflect demolition of this house in order to show the maximum density at this corner that we may propose. Also still undetermined is the amount of non-residential space that will be included within the existing school building. Our application describes the two most likely scenarios: allocation of the ground floor only of the 1948 wing for non-profit use, or allocation of that ground floor plus approximately half the first floor of that wing for non-profit use. The attached site plans reflect both of these possible options. We are in discussions with a group of potential users for this space (and they are in various stages of discussion with their boards), each of which have distinctly different space needs. All are community- based non-profit service organizations. PUD Approval Considerations 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? The City determined that it was appropriate to include this site in the 2018 expansion of the PUDOD, presumably due to the non-conforming nature of the existing structures and potential for redevelopment of the site to appropriately address significant local needs. Current zoning is R2b, which would limit development to single family homes and duplexes with a maximum height of 35 feet. 2. Will the project provide for public access pedestrian linkages (active recreation)? The site is entirely surrounded by public sidewalks and is located immediately across the street from the new park at Markles Flats and adjacent Alex Haley Pool. 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? The two-story row houses that front on W. Buffalo and N. Plain Streets will have gabled roof forms and will be approximately 25’ in height. They will face existing neighborhood buildings that range in size from 1.5 to 3 stories in height and generally have gabled roofs (a handful have flat roofs). Most houses in the neighborhood are single-family forms (though many now include more than one residential unit). Row houses are rare in Ithaca, but one of the very few that does exist is located in this neighborhood: diagonally across from GIAC on the corner of N. Albany and W. Court Streets. The existing two-and-one-half-story wing of the school will be retained and our current plan is to add a new two-story “end cap” that will bring the building setback on N. Plain Street more in line with the shallower setbacks that predominate in the neighborhood. The new wing of the multi-family building will be four stories and approximately 55 feet in height. This tallest portion of the project is located immediately adjacent to Beverly J. Martin Elementary School, which, though only three stories in height, is 52’ feet tall at the peak of its parapet. The new wing will step down to a height of three stories (approx. 33 feet) as it nears W. Buffalo Street, with an “end cap” that echoes the planned addition to the existing wing on N. Plain Street. The adjacency of BJM, the perpendicular orientation of this wing to Buffalo Street, and the reduction in the height of this wing as it nears Buffalo Street, allow us to provide greater residential density on the interior of this half-block lot without overwhelming the surrounding neighborhood with a structure that is out of scale. 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? The site is located in a highly walkable and bikeable neighborhood (Walk Score: 92; Bike Score: 87). It is completely surrounded by public sidewalks and the development itself will provide internal circulation connecting to this public network. The site is bounded on one side by a bike boulevard. Covered bicycle storage will be provided as part of the new development. Multiple public transit stops are located within easy walking distance: on W. Seneca, S. Albany, and W. State Streets. The development will incorporate surface parking for both residents and non- profits organizations who have space in the building. INHS has analyzed the number of private vehicles our residents typically own based on the number, size, and income levels of the units in the development and the location of the development within the community. An analysis of the proposed project using this parking calculator identifies the need for approximately 27-30 parking spaces for residents. The development is currently showing 55 parking spaces, leaving approximately 25 spaces for our non-profit partners. We do not anticipate any significant impact on the external transportation network; however, we will be conducting a traffic study as part of our Site Plan Review process and will respond to any negative impacts that may be identified. 5. What is the character of the neighborhood in which the PUD is being proposed? Are there safeguards provided to minimize possible detrimental effects of the proposed use on adjacent properties and the neighborhood in general? The neighborhood is composed primarily of for-sale and rental residences in single- and multi- family homes, and educational and recreational uses, with some neighborhood commercial and non-profit office space. The project will not introduce any new uses into the neighborhood, but will introduce a multi-family apartment building, something that does not currently exist at the proposed scale. Because the project site covers the entire half block, the visual impact of this new building type can be minimized by stepping the new building back from the street and locating it adjacent to the BJM School building, using infill row houses at the site perimeter to preserve the residential scale that is common throughout the neighborhood. In taking this approach, INHS is intentionally limiting not only the visual impact of the project but the number of new residents who will be added to the neighborhood. We believe that 70-80 new units on a half-block site is an appropriate density level, given the sites location on the edge of the downtown core. 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? A review of historic Sanborn maps shows that the project as proposed will restore the rhythm of the streetscape that was lost when existing buildings that previously fronted on W. Buffalo, N. Plain, and W. Court Streets were demolished over the years as the school campus grew. This small-scale residential development at the perimeter of the lot will preserve traditional front and rear yards around each building. The multi-family building will extend the existing footprint of the school marginally, bringing the ends of the building closer to the typical front yard setback found throughout the neighborhood. Most existing green space on the site will be retained, and new green space will be added around the for-sale townhomes that will replace the parking lot on the corner of N. Plain and W. Court Streets. A small playground for young children will be located onsite. The project is surrounded by recreational opportunities in the form of the park at Markles Flats, the Alex Haley Pool, GIAC, and the playground at BJM (which is available for public use when school is not in session). 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? The site is level. Depth of bedrock and depth to water table are unknown at this time; however, the presence of BJM and GIAC immediately adjacent, as well as the presence of the existing school building, indicate that the soil is suitable to support a building of a similar type and size. 8. What potential impacts are there on local government services? The addition of 70-80 units of new housing is not expected to impact local government services in any significant way. 9. Is there available and adequate water service? We have requested a water availability letter from Erik Whitney and have not yet received a response; however, we do anticipate there will be sufficient water service available based in part on the fact that the system had sufficient capacity for the school use. 10. Is there available and adequate sewer service? Again, we have requested a sewer capacity letter from Erik Whitney and have not yet received a response, but we anticipate there will be sufficient capacity based in part on the fact that the system had sufficient capacity for the school. 11. 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. Please see below. Potential Community Benefits Resulting from the PUD Project 1. What will be the increase to the tax roll value of the new real property? The property is currently wholly exempt. Upon completion, we are projecting the project will pay approximately $45,000 annually in property taxes via a PILOT. We intend to submit a request for a PILOT similar to the one approved by the City for the recent INHS Rental Preservation project, providing for a payment of 12% of Net Operating Income annually. 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? We are projecting 1.5 FTE jobs created on INHS’ staff as a result of the project. Those will be living wage positions. It is also possible there could be new jobs created by the non-profit organizations that occupy the space, but at this time that is unknown. 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? Potentially. 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? Yes. This is the overarching purpose of the project. 5. Will the project fill vacant store fronts? No, though it will remove a vacant school building. 6. Will the project involve environmental remediation? Yes. Asbestos and lead-based paint remediation will be required, and it is possible there may be some limited soils remediation as well. 7. Is the project a historic preservation project (in accordance with the Secretary of Interior’s Standards)? No, there are no designated historic resources present. 8. Will the project be assisting/contracting/renting to MWBEs? Yes. We will be required to award at least 30% of the value of our State Housing Trust Fund loan to Certified MWBE contractors, subs, or suppliers. 9. Will the project provide free (reduced cost) community space in the project (for example to a 501c3)? Yes. The non-profit spaces in the project will be leased at a reduced cost. 10. Will the project produce large-scale alternative energy, local energy, or combined heat/power that results in a significant reduction in greenhouse gas emissions? No. 11. Will the project result in high tech job creation? No. 12. Does the project contain the redevelopment of a Brownfield site? No. 13. Will this project provide any other community-wide benefits? The project will adaptively re-use a largely vacant, centrally located site, supporting the City’s Comprehensive Plan goal of increasing residential density through appropriate infill development on underutilized parcels. 289862 4850-1145-3829 v1 EXHIBIT A Legal Description Property Address: 320 West Buffalo Street, Ithaca, New York Tax Account Number: 60.-2-5 ALL THAT TRACT OR PARCEL OF LAND situate in The Village of Ithaca/County of Tompkins and State of New York and being a part of Block Number One Hundred and Seven in said Village, bounded and described as following: Beginning in the North Line of Buffalo Street in said Village of Ithaca at a point One Hundred and Thirty Two (132) feet East of the East Line of Plain Street in said Village and running therein North about one hundred and thirty two (132) feet; Thence West Sixty Six (66) feet; thence North Sixty Six (66) feet; Thence East Sixty Six (66) feet; Thence South Sixty Six (66) feet; Thence East One Hundred and Thirty Two (132) feet; Thence South two hundred and sixty four (264) feet to the South Line of Buffalo Street; and thence West along the said South line of said Buffalo Street One Hundred and Thirty Two (132) feet to the place of the beginning; together with the right of way from the above described premises to said Plain Street in said Village of Ithaca. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Commencing at the intersection of Plain and Court Streets in said City of Ithaca; running thence east along the south side of Court Street 41 feet; thence south 88 feet; thence west 41 feet to Plain Street; thence north along the east line of Plain Street 88 feet to Court Street, the place of beginning. Being part of lot 179 on Block 107 as laid down on a map of the City of Ithaca. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, Tompkins County, and State of New York, bounded and described as follows: COMMENCING at a point in the southerly line of Court Street forty-one feet (41´) easterly therefrom measured at right angles, a distance of eighty-eight feet (88´) to the southerly line of Court Street; thence west along the southerly line of Court Street a distance of forty-one feet (41´) to the place of beginning. TOGETHER WITH a right of way over the westerly portion of the premises adjoining the conveyed premises on the east, and SUBJECT TO a right of way for the benefit of the owner of the premises adjoining the conveyed premises on the east over the easterly portion of the conveyed premises. The right of way above referred to constitute a joint driveway, of sufficient width for the passage of vehicles and automobiles, between the conveyed premises and the premises on the east, the CENTER LINE of which is the easterly boundary of the conveyed premises. For a more particular description of said rights of way reference is made to a deed from the parties of the first part to Glovacchino Guidi and wife, dated March 20, 1929 and recorded in the Tompkins County Clerk’s Office in Liber 217 of Deeds at page 295. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York bounded and described as follows: Being part of Lots 179 and 180 on Block 107 as described on a map of the Village of Ithaca made by A. St. John R. V. DeWitt and W. A. Woodward, December 29, 1835 and bounded and described as follows: Beginning in the south line of West Court Street (formerly known as West 289862 4850-1145-3829 v1 Mill Street) 176 feet east of its intersection with the east line of North Plain Street; running thence south 132 feet to the north line of Lot 181; thence east 44 feet; thence north 132 feet; thence west along the south line of West Court Street 44 feet to the point or place of beginning. ALSO CONTAINING ALL THAT PIECE OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins, and State of New York, bounded and described as follows: Commencing at a point in the southerly line of West Court Street 264.5 feet west of its intersection with the west line of North Albany Street; running thence south along the west line of other premises of the party of the first part 132 feet; thence west parallel with the south line of West Court Street 44 feet; thence north along the east line of the premises conveyed to the grantee herein by Ralph Succucci and wife recorded in Liber 260 of Deeds at page 118, 132 feet to the South line of West Court Street; thence east along the south line of West Court Street 44 feet to the place of beginning. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, Tompkins County, New York, being the southwest part of Lot No. 180 on block 107 bounded and described as follows: BEGINNING in the east line of North Plain Street 33 feet south from the intersection of said line with the south line of West Court Street; thence east 132 feet to the west line of the premises known as 323 West Court Street; thence south 44 feet along said west line to the north line of the premises known as 317 North Plain Street; thence west 132 feet along said north line to the east line of North Plain Street; thence north 44 feet along said east line to the place of beginning. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, bounded and described as follows: Commencing in the northwest corner of said Lot No. 181, running thence east along the south line of Lot 180, 132 feet; thence south 66 feet to the north line of Lot 182; thence west on the north line of said lot 182, 132 feet to Plain Street; thence north on Plain Street 66 feet to the place of beginning. Together with the right of way over a lane taken off from the north side of Lot No. 182. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, being part of Lot No. 182 in said City of Ithaca, as laid out by Simon DeWitt, beginning in the east line of North Plain Street on the northwest corner of said Lot No. 182; thence east 66 feet; thence south 45 feet; thence west 66 feet to the east line of North Plain Street; thence north along said east line to the point or place of beginning. Excepting a strip of land 12 feet wide on the north side of said premises. Also excepting a small piece of land conveyed to Immaculate Conception Church, of Ithaca, New York by deed dated February 8, 1956 and recorded in the Tompkins County Clerk’s Office in Liber 385 of Deeds at Page 212. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York, known and distinguished as parts of Lots 183 and 184 on Block and bounded as follows: Beginning in the north line of West Buffalo Street 66 feet east from its intersection with the east line of North Plain Street; thence running north 132 feet or more; thence east 66 feet and south 132 feet or more, along a south and 289862 4850-1145-3829 v1 west lines of lands of the Immaculate Conception Church of Ithaca; thence west along the north line of Buffalo Street 66 feet to the point of place of beginning. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, Tompkins County, New York, bounded and described as follows: Beginning at a point in the south line of Court Street (formerly Hill Street) 132 feet east of its intersection with the east line of Plain Street; running thence south 128 feet 6 inches; thence east 44 feet; thence north 128 feet 6 inches to the south line of Court Street; thence west on the said south line of Court Street 44 feet to the place of beginning; being a part of lots No. 179 and No. 180 on Block No. 107 as described on a map of the Village of Ithaca made by A. St. John, R.P DeWitt and W.A. Woodward dated December 29th, 1835. ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND situate in the City of Ithaca, County of Tompkins and State of New York and being more particularly bounded and described as follows: Beginning at the northeast corner of the premises of the party of the first part at #311 North Plain Street in the City of Ithaca, as described in the deed to said party of the first part dated May 19, 1917 and recorded in the Tompkins County Clerk's Office in Liber 188 of Deeds at page 427, said corner being 66 feet east from the east line of North Plain Street; running thence west about 10 feet to the west face of the concrete foundation wall of a new building now under construction by the party of the second part; thence south about 5 inches to the southwest corner of said foundation wall; thence east about 10 feet along the south face of said concrete foundation wall and extending thereof to the east boundary of the premises of the party of the first part; thence north about 5 inches to the place of beginning. It is understood that the above strip of land is a portion of the right-of-way easement now owned by the party of the second part and that the purpose of this conveyance in fee is to permit the construction of a building encroaching about five inches into said right-of-way for the easterly ten foot thereof. Property Address: 330 West Buffalo Street, Ithaca, New York Tax Account Number: 60.-2-11 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins, State of New York, bounded and described as follows: BEGINNING at the intersection of the northerly line of North Plain Street; thence northerly 110 feet along the easterly line of North Plain Street; thence easterly 66 feet along the easterly line of West Buffalo Street; thence southerly 110 feet parallel to the easterly line of North Plain Street to the northerly line of West Buffalo Street to the point of place of beginning ALSO CONTAINING ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, more particularly bounded and described as follows: Beginning at the intersection of the northerly line of West Buffalo Street with the easterly line of North Plain Street; running thence northerly one hundred ten (110) feet along the easterly line of North Plain Street; running thence easterly sixty-six (66) feet parallel to the northerly line of West Buffalo Street; running thence southerly one hundred ten (110) feet parallel to the easterly line of North Plain Street to the northerly line of West Buffalo Street; running thence westerly sixty-six (66) feet along the northerly line of West Buffalo Street to the 289862 4850-1145-3829 v1 point or place of beginning. Property Address: 309 North Plain Street, Ithaca, New York Tax Account Number: 60.-2-12 ALL THAT TRACT OR PARCEL OF LAND, situate in the City of Ithaca, County of Tompkins and State of New York, being parts of Lots 182 and 183 as shown and laid down on a map of the Village of Ithaca, bounded and described as follows: BEGINNING at a point in the east line of North Plain Street 110 feet, north 0° west, from the intersection of said east line with the north line of West Buffalo Street; thence north 0° west, along the east line of North Plain Street, 43 feet to a point; thence north 90° east, 66 feet to a point; thence south 0° east, 13 feet to a point; thence south 90° west, 66 feet to the point or place of beginning. Back-Up Item 9.1 10.9 Request for Authorization to Apply for New York State Consolidated Funding Application Grants for the City Harbor Promenade Project - Resolution WHEREAS, the City of Ithaca Planning & Economic Development Division in partnership with City Harbor LLC would like to apply for a Local Waterfront Revitalization Program (LWRP) grant through the New York Department of State (DOS) and the 2019 New York State Consolidated Funding Application (CFA) for the City Harbor Promenade Project on behalf of the City of Ithaca; and WHEREAS, City Harbor LLC has been developing plans to redevelop the former Johnson Boatyard site at 101 Pier Road into a waterfront neighborhood to include apartments, restaurant space, a medical office building for Guthrie Clinic, enhanced boating and marina functions, and a public promenade along Cascadilla Creek; and WHEREAS, the Ithaca waterfront is widely recognized as a valuable public asset, but currently there is insufficient public access to Cayuga Lake and the Inlet; and WHEREAS, this project will increase public access to the waterfront by creating a public promenade along Cascadilla Creek which will connect to the Cayuga Waterfront Trail, along with nine boating slips dedicated for public use and a public paddle craft launch; and WHEREAS, City Harbor LLC is pledging an easement to the City of Ithaca which will guarantee public access to the waterfront along the promenade; and WHEREAS, City Harbor LLC is pledging 100% of the required local matching funds towards the public amenities to be supported through these grants, requiring no investment of City funds to create these new public facilities; and WHEREAS, the grant funds would enable the City to partner with City Harbor LLC to increase access to the waterfront for all members of the public, which is a goal of the City’s Comprehensive Plan, Plan Ithaca; and WHEREAS, The City of Ithaca is one author of the locally-adopted Local Waterfront Revitalization Plan (LWRP) known as the Cayuga Lake Waterfront Plan; and WHEREAS, the Cayuga Lake Waterfront Plan meets the definition of a substantially complete LWRP through the NY State Department of State; and WHEREAS, the proposed activities implement a priority of the LWRP, are located within the Waterfront Area (WRA) boundaries, and are therefore eligible for funding under the Department of State’s programming; and WHEREAS, the City applied for LWRP funding for this project in 2018 and received a small Canal Corp. grant for several elements of the project, but was not awarded LWRP funds, but did receive feedback from DOS that will lead to an improved revised LWRP application in 2019; now, therefore be it RESOLVED, That the Director of the Planning, Building, Zoning and Economic Development Department is hereby authorized to file an application for funds in an amount not to exceed $900,000 through the LWRP Program from the New York State CFA, and upon approval of said request the Mayor, upon the advice of the City Attorney, is hereby authorized to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the City Harbor Promenade Project; and, be it further RESOLVED, That the City of Ithaca is authorized and directed to agree to the terms and conditions of Master Contracts with the appropriate State agencies for such City Harbor Promenade Project. MEMORANDUM TO: Planning & Economic Development Committee CC: JoAnn Cornish, Tim Logue, Mike Thorne, Lincoln Morse FROM: Tom Knipe, Deputy Director for Economic Development DATE: June 6, 2019 RE: Grant Application Authorization for the City Harbor Promenade Project Please find attached a resolution seeking Common Council authorization to apply for a 2019 Consolidated Funding Application (CFA) grant in an amount not to exceed $900,000 through the Local Waterfront Revitalization Program for the City Harbor Promenade Project. The project is a proposed public-private partnership between the City of Ithaca and City Harbor LLC to enhance waterfront access along Cascadilla Creek and the Cayuga Inlet. Pertinent information related to the resolution is as follows: Background City Harbor is in the midst of a redevelopment project to transform the former Johnson Boatyard site at 101 Pier Road into a "waterfront neighborhood." The plans include apartments, restaurant space on the point across Cascadilla Creek from the Farmers Market, and a medical office building for Guthrie Clinic. The site along the Inlet and Cascadilla Creek will provide a pleasant walking area for public visiting the area, boat slips and paddle craft access, and broadened marina functions. The 2019 round of economic development grants through the New York State Consolidated Funding Application (CFA) affords opportunities to further projects on Ithaca's waterfront that expand public access to the waterfront. We are seeking Common Council approval to submit an application to the LWRP Grant Program. Dept. of State Local Waterfront Revitalization Program (LWRP) Goal: To revitalize communities and waterfronts through planning, design, and construction projects, with design and construction tied to prior planning. The City Harbor Promenade Project is consistent with initiatives stated in the 2004 Cayuga Lake Waterfront Plan, most specifically: a) “to increase public access to the waterfront through trail development and enhancing waterfront parks” and b) “to stimulate water- dependent and water-enhanced development in the City of Ithaca." The City will seek up to $900,000 through LWRP to support developing the promenade and related amenities for visitors along the waterfront, providing true public access to Cayuga CITY OF ITHACA 108 E. Green St. — Third Floor Ithaca, NY 14850-5690 JoAnn Cornish, Director DEPARTMENT OF PLANNING, BUILDING, ZONING, & ECONOMIC DEVELOPMENT Division of Planning & Economic Development Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6565 E-Mail: dgrunder@cityofithaca.org Lake and enjoyment of a newly-available area that connects easily with existing attractions, such as the Ithaca Farmer’s Market and Cayuga Waterfront Trail. Currently, there is insufficient public access to Cayuga Lake and the Inlet. In addition to the public promenade running the length of the water on the property, the City Harbor Marina will create approximately nine dedicated boat slips for public use and an area where small paddling craft can access the Inlet and creek. The City will partner with City Harbor LLC, the private developer, and owner of the parcel. As partners in the grant funded components of the project, City Harbor is pledging all of the required matching funds. No funds will be required from the City to match NY State investment. In addition, if successful with this grant application, City Harbor will provide an easement to the City of Ithaca that will guarantee permanent public access to the waterfront along the promenade. Coordination with the City through site plan review and through negotiation of the easement, along with the fact that the grant funds will be managed by the City, will ensure that the specific plans for the promenade and related public improvements will meet the City’s expectations for public benefit. The City applied for, but was not awarded, LWRP funds for this same project in 2018. Feedback from the Department of State has helped improve this year’s application, hopefully leading to a higher likelihood of success. Budget Implications No City matching funds are required. If successful in receiving the grants, the City will manage the funds and be responsible for overseeing the project. Contact Tom Knipe, Deputy Director for Economic Development, tknipe@cityofithaca.org Lincoln Morse, Project Manager, City Harbor LLC, lincmorse@gmail.com 10.10 A Resolution in Support of Evaluating the Feasibility of Establishing a Joint City and County Public Safety Facility WHEREAS, Tompkins County Administration and the Tompkins County Sheriff are evaluating the need for renovation or replacement of the Public Safety building located on Warren Road in the Town of Lansing; and WHEREAS, the City of Ithaca is evaluating the need for replacement of the current Police Station located on East Clinton Street in the City of Ithaca; and WHEREAS, Governor Cuomo has consistently stated support for the concept of municipal shared services in order to reduce cost and increase the efficiency of the provision of governmental services to the public; and WHEREAS, a report prepared by the TCCOG Municipal Shared Services Taskforce in 2017 recommended the consideration of shared police services, including the use of shared space by the various police agencies operating in Tompkins County; and WHEREAS, the police agencies have already demonstrated the benefits that arise from cooperation and the use of shared resources, through establishing a joint SWAT team, the Crisis Incident Negotiation Team, cooperation on major investigations and cross- agency drug cases, shared training programs, shared equipment usage, and other activities to improve the overall public safety in our community through working together; and WHEREAS, in response to the recommendations in the Municipal Shared Services Task Force Report, the City of Ithaca and Tompkins County have engaged in informal conversations about the possibility of increasing the use of shared services, including consideration of meeting the emerging facility needs of the City and County; and WHEREAS, as a result of those discussions, the City and County (Resolution ID 8071 Appropriation from Contingent Fund and Authorization to Execute an Agreement for Consulting for a Tompkins County and City of Ithaca Law Enforcement Co-Location Study, dated September 20, 2018) agreed to engage a consultant to examine the feasibility of a joint public safety facility to house the City Police Department and the Sheriff Road Patrol and Civil Division, including development of programmatic space needs and the examination of possible sites that would meet program requirements; and WHEREAS, having received a report and recommendations from their consultant, Kingsbury Architecture, including the identification of possible sites, the City and County desire to further develop whether a joint public safety facility would be a feasible and cost effective solution to the needs of the County and the City; and WHEREAS, the City and County wish to examine the feasibility of development of one of the identified sites; now, therefore be it RESOLVED, That in cooperation with the City of Ithaca, Tompkins County agrees to funding a more detailed architectural and engineering study of a joint public safety facility, on the property located at ____, being tax map parcel _____, with the County and City providing equal shares in an amount to be determined from each party with the goal of providing and determining the following information with the goal of providing the County and City with the necessary basis to evaluate the costs and benefits associated with such a joint public safety facility:  Preparation of preliminary sketches to fulfill program requirements;  Description of site environmental, elevation, floodplain, and soil conditions;  Estimates of square footage and a proposed building layout;  Details of shared County/City facilities and functions;  Plotting of facilities onto the recommended site, including the adaptive reuse of the existing structure located thereon;  Estimates of cost; and  Estimates of construction timeline, ; and, be it further RESOLVED, That in cooperation with the City of Ithaca, Tompkins County agrees to funding an operational study of a joint public safety facility, with the County and City providing equal shares in an amount to be determined from each party, with the goal of providing the County and City with a logistical analysis of the operational use of shared facilities by the Sheriff and City Police agencies; and, be it further RESOLVED, That City and County staff shall prepare Scopes of Work for the architectural and engineering study and the operational study for further approval by both the City and County; and, be it further RESOLVED, That the County Administrator and the City Attorney are hereby directed to develop the Request For Proposals for an architectural and engineering study, and an operational study as described herein; and, be it further RESOLVED, That the City and County shall make a joint approach to New York State to request reimbursement of the amount committed through this resolution for evaluation and planning consulting services; and, be it further RESOLVED, That the City and County shall conduct a joint public information session to describe the proposed project and to receive public input regarding the same. 10.11 Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting, Inspection, and Related Services for the Cornell University North Campus Residential Expansion - Resolution WHEREAS, Cornell University has proposed a development project on its campus, entitled the North Campus Residential Expansion (hereafter, “NCRE”), that seeks to construct five new undergraduate student residence halls and related facilities on tax parcels 30.-1-1.2 (City) and 67.-1-1.1 (Town); and WHEREAS, the NCRE proposal requires approval of both the City of Ithaca and the Town of Ithaca; and WHEREAS, two of the NCRE’s proposed residence halls are entirely within the geographic bounds of the City, and the remaining three proposed residence halls are within the geographic bounds of both Municipal Parties; and WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G of the General Municipal Law allows for two or more local governments to provide joint administration and enforcement of the uniform code, the state energy conservation construction code, or both, by agreement pursuant to article five-G of the general municipal law; and WHEREAS, although Cornell proposes to construct five separate residence halls, the City and the Town agree that such proposal constitutes a single unified development project that is best served by uniform building permitting, code inspection, and related services for all five residence it halls and other structures and improvements on the NCRE project site; now therefore be RESOLVED, That the Mayor, subject to the advice of the City Attorney, is authorized to execute a Memorandum of Understanding with the Town of Ithaca substantially similar to the Memorandum of Understanding included herewith. Page 1 of 10 Agreement between the City of Ithaca and the Town of Ithaca for Building Permitting, Inspection, and Related Services for the Cornell University North Campus Residential Expansion This Agreement is effective as of ______________, 2019. WHEREAS, Cornell University (hereafter, “Cornell”), c/o Real Estate Department, Box DH-Real Estate, Ithaca, New York 14853, has proposed a real estate development project on its campus, entitled the North Campus Residential Expansion (hereafter, “NCRE”), that seeks to construct five new undergraduate student residence halls and related facilities on tax parcels 30.- 1-1.2 (City) and 67.-1-1.1 (Town); and WHEREAS, the NCRE proposal requires approval of the City of Ithaca (hereafter, the “City”), 108 E. Green Street, Ithaca, New York 14850, and the Town of Ithaca (hereafter, the “Town” and, collectively with the City, the “Municipal Parties”), 215 N. Tioga Street, Ithaca, New York 14850; and WHEREAS, two of the NCRE’s proposed residence halls (Buildings 1 and 2 as shown on the preliminary site plans approved by the City and Town on March 26, 2019 and April 2, 2019, respectively) are entirely within the geographic bounds of the City, and the remaining three proposed residence halls (Buildings 3, 4 and 5 on the approved preliminary site plans) are within the geographic bounds of both Municipal Parties; and WHEREAS, Article IX, Section 1(c) of the New York State Constitution and Article 5-G of the General Municipal Law empower local governments in the State of New York to enter into agreements amongst themselves for the provision of joint services, and Executive Law § 381(2) states “Two or more local governments may provide for joint administration and Page 2 of 10 enforcement of the uniform code, the state energy conservation construction code, or both, by agreement pursuant to article five-G of the general municipal law”; and WHEREAS, although Cornell proposes to construct five separate residence halls, the City and the Town agree that such proposal constitutes a single unified development project that is best served by uniform building permitting, code inspection, and related services for all five residence halls and other structures and improvements on the NCRE project site (the “Site”); NOW THEREFORE, in consideration of the mutual covenants and consideration contained herein, the Municipal Parties agree and contract as follows: 1. All portions of the Site within the geographic boundaries of the City (as shown on the final site plans approved by the City and Town) are subject to the City’s zoning ordinance, City Code Chapter 325, the City’s site plan review requirements, City Code Chapter 276, and all other City Code requirements. 2.) All portions of the Site within the geographic boundaries of the Town (as shown on the final site plans approved by the City and Town) are subject to Town Code requirements, except City Code Chapter 146 (Building Code Enforcement) and Chapter 181 (Fire Prevention) shall apply instead of Town Code Chapter 125 (Building Construction and Fire Prevention) and Town Code § 270-233.A (permit to build). Town Code requirements that apply within the Town’s geographic boundaries include, but are not limited to, Town Code Chapter 270 (Zoning) (except for § 270-233.A (Permit to build)), Chapter 173 (Outdoor Lighting), Chapter 228 (Stormwater Management and Erosion and Sediment Control), sewer requirements in Town Code Chapters 210 and 214-217, and water requirements in Town Code Chapters 256 and 261. The applicable Town Code requirements are collectively referred to as “Applicable Town Code Requirements Except for fees and charges associated with building permits, certificates of Page 3 of 10 occupancy/compliance, and inspections described in Sections 7 and 9 below, each Municipal Party shall apply, collect and keep all other typically assessed charges or fees associated with all buildings, structures and improvements on the Site within its jurisdiction (such as zoning, special permit, site plan, variance and utility fees and charges). 3.) The City shall consult with building permit applicants, process all initial and future building applications, and issue all initial and future building permits as required by Part 1203 of Title 19 of the New York Codes, Rules and Regulations (NYCRR) and as specified in Section 6 below, for all buildings, structures, and improvements located on the Site requiring such permits regardless of geographic location, including all future proposed buildings, structures, and improvements. All references in this agreement to buildings, structures and/or improvements shall include any alterations or repairs made to them. 4.) The City shall issue no building permit under this agreement for any building, structure, or improvement requiring a building permit that is wholly or partially within the Town unless and until the Town sends the City a “zoning only permit” from the Town Director of Code Enforcement or its designee stating (i) Cornell has satisfied all applicable pre-construction special permit and site plan review requirements and conditions for such building, structure, or improvement (or portion thereof) within the Town and (ii) such building, structure, or improvement (or portion thereof) within the Town requiring a building permit complies with, or has received all necessary variances from, the Town’s zoning chapter, and complies with all other Applicable Town Code Requirements. 5.) The City shall, regardless of location, issue building permits under this agreement in accordance with City Code Chapter 146 (Building Code Enforcement) and City Code Chapter 181 (Fire Prevention), and with all State laws, rules, and regulations as are ordinarily applied by Page 4 of 10 the City for such buildings, structures, or other improvements. This includes, but is not limited to, the New York State Uniform Fire Prevention and Building Code, and the New York State Multiple Residence Law. For those portions of buildings, structures and improvements located within the City of Ithaca, the City will also apply its other local laws, rules, and regulations as are ordinarily applied by the City, including City Code Chapter 210 (Housing Standards). 6.) The City shall collect and keep all building permit fees for building permits it issues under this agreement, regardless of location, as are ordinarily assessed under City Code Chapter 146, or any other City Code or practice, for such buildings, structures, or other improvements. 7.) The City shall, regardless of location, issue all initial and future certificates of occupancy/compliance and conduct all code inspections, operating permit inspections and fire and electrical inspections for any building, structure, or improvement within the Site as required by 19 NYCRR Part 1203. The City shall issue no certificate of occupancy/compliance under this agreement for any building, structure, or improvement requiring such a certificate that is wholly or partially within the Town unless and until the Town sends the City a letter from the Town Director of Code Enforcement (or its designee) stating Cornell has satisfied all applicable pre- certificate special permit, site plan and variance conditions for such building, structure, or improvement (or portion thereof) within the Town. In issuing such certificates and conducting such inspections, the City shall apply City Code Chapter 146 (Building Code Enforcement) and City Code Chapter 181 (Fire Prevention), as well as all State laws, rules, and regulations as are typically applied by the City for such buildings, structures, or improvements within the City, including, but are not limited to, the New York State Uniform Fire Prevention and Building Code and the New York State Multiple Residence Law. For those buildings, structures and Page 5 of 10 improvements (or portions thereof) located within the City of Ithaca, the City will also apply its other local laws, rules, and regulations as are ordinarily applied by the City, including City Code Chapter 210 (Housing Standards). 8.) The City shall collect and keep all charges and fees for certificates of occupancy/compliance and inspections conducted under this agreement, regardless of location, as are ordinarily assessed under City Code Chapter 146 (Building Code Enforcement), Chapter 181 (Fire Prevention), or any other City Code chapter or practice, for such buildings, structures, or other improvements. 9.) Employees and officers of the City are authorized to, and shall, process, investigate and respond to all code violations and complaints, and issue any orders regarding the enforcement of the State and local laws, rules, and regulations described in the previous paragraphs of this agreement in relation to the Site regardless of location of the underlying building, structure, or improvement. The City further shall maintain records of all inspections and applications pertaining to the buildings, structures, or improvements located within the Town of Ithaca portion of the Site, make such records available to the Town upon reasonable advance notice, shall respond to inquiries from the Town about such records or the City’s services within the Town and provide annual reports as may be reasonably requested by the Town. 10.) The City shall bring any necessary enforcement proceeding for violations of the State and local laws, rules, and regulations (including Applicable Town Code Requirements) described in the previous paragraphs of this agreement in relation to the Site, regardless of location of the underlying building, structure, improvement, use or activity for which proceedings are commenced. The City will pay for all enforcement costs, including witness and Page 6 of 10 attorney time, and will keep all penalties and fines that may be assessed as a result of such enforcement proceedings. 11.) Any authority heretofore conferred on the Town Code Enforcement Officers pursuant to the Town Code or other applicable laws, rules or regulations is hereby conferred upon the City Code Enforcement Officers and other City employees and officers to undertake the City services within the Town described in this agreement. 12.) The City’s employees performing services under this agreement shall not be considered Town employees for any purpose. The City and its employees shall have no claim against the Town for any compensation, worker's compensation, vacation pay, sick leave, retirement benefits, social security benefits, disability insurance benefits, unemployment insurance benefits, or any other employee benefits, all of which shall be the City’s sole responsibility. The Town will not withhold on behalf of the City any sums for income tax, unemployment insurance, social security, or any other withholding. 13.) The Town shall not make any payments to the City for its services. The Municipal Parties agree that the fees, charges, penalties and fines that the City will collect under this agreement are adequate compensation to the City for its services. 14.) The City agrees to fully defend, indemnify and hold harmless the Town and its officers, elected officials, Boards, employees, 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) (collectively referred to as “Claims”), whether or not involving a third party claim, which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused Page 7 of 10 by the acts or omissions of the City or the City’s employees, agents or subcontractors, in connection with the services it performs or is required to perform for the Town or on its own behalf under this agreement. This duty for the City to defend, indemnify and hold harmless the Town shall not extend to Claims described in paragraph 13 below. 15.) The Town agrees to fully defend, indemnify and hold harmless the City and its officers, elected officials, Boards, employees, 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), which any or all of them may incur, resulting from bodily injuries (or death) to any person, damage (including loss of use) to any property, other damages, or contamination of or adverse effects on the environment, caused by the acts or omissions of the Town or the Town’s employees, agents or subcontractors, to the extent they are based on the Town’s zoning, special permits, site plans, or variances. 16.) Each Municipal Party hereby agrees to maintain at all times General Liability insurance in the amount of at least $1,000,000.00 per occurrence for bodily injury or property damage, to list the other Municipal Party as an additional insured under said insurance policy, and to provide written proof of such insurance from the insurer, at the time of execution of this agreement, and as may be otherwise required by the other Municipal Party. 17.) This agreement shall be effective on the date it is fully executed by both Municipal Parties and Cornell (which is signing to indicate that it has seen and approved the agreement). This agreement shall remain in effect for five (5) years as written unless and until terminated or modified upon the written agreement of both Municipal Parties. This agreement shall renew automatically for successive five (5) year terms upon the same terms and conditions Page 8 of 10 unless a Municipal Party gives written notice to the other Municipal Party at least one year prior to the renewal date that the agreement will not renew. Either Municipal Party may terminate this Agreement for convenience upon one year’s notice to the other Municipal Party. 18.) Any notices or other communications given under or in relation to this agreement shall be deemed duly given if served personally or by commercial courier service upon the other Municipal Party at the address set forth above, or if mailed by certified mail to the other Municipal Party at the address set forth above, return receipt requested. All notices shall be effective upon the date of receipt. Either Municipal Party may change the address to which notices are sent by giving notice of such change in the manner set forth above to the other Municipal Party. 19.) While not a party to this agreement, Cornell’s signature on this agreement signifies that it has read and approves of its provisions. 20.) This writing constitutes the entire understanding and complete agreement of the Municipal Parties. 21.) This agreement may be executed in multiple counterparts, all of which together shall constitute the same instrument; and Page 9 of 10 IN WITNESS WHEREOF, the City and Town, upon passage of proper resolutions of their respective governing boards, authorize their respective Mayor and Supervisor to execute this agreement. SIGNED: CITY OF ITHACA _____________________________ By: STATE OF NEW YORK COUNTY OF TOMPKINS: ss.: On the day of in the year 2019, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. TOWN OF ITHACA _____________________________ By: STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 2019, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. Page 10 of 10 ______________________________ Notary Public SEEN AND APPROVED: CORNELL UNIVERSITY _____________________________ By: STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 2019, before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument. ______________________________ Notary Public