HomeMy WebLinkAboutMN-CC-2019-07-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. July 3, 2019
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Smith, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Acting Police Chief- Nayor
Chief of Staff - Cogan
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
There were no additions to or deletions from the agenda.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council regarding the April 6, 2019 Incident
on the Commons involving Cadji Ferguson and Rose DeGroat. They further addressed
concerns about institutional racism and the actions of the Ithaca Police Department:
Christopher Glaubitz, City of Ithaca
Kate Almon, City of Ithaca
Kate Cardona, City of Ithaca
Natalie Hughes, City of Ithaca (submitted 100 postcards signed by concerned citizens)
Lisa Avron, City of Ithaca
Rachel Conroy, Town of Ulysses
Lynne Jackier, City of Ithaca
Phoebe Brown, City of Ithaca
Professor Russell Rickford, City of Ithaca
Sareanda Lourdes, City of Ithaca
Veronica Pillar, City of Ithaca
Elan Shapiro, Town of Ithaca
Ruth Yarrow, City of Ithaca
Lisa Duggan, City of Ithaca
Ace Repka, City of Ithaca
Amy Rowles
Fay Gougakis, City of Ithaca, addressed concerns about Lime Bikes.
Una Moneypenny, Town of Caroline, voiced her support for the Lights for Liberty
Resolution.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick responded to comments made about the April 6, 2019 incident on the
Commons. He noted how many non-people of color were here to stand up for the
people of color involved in this incident. He stated that he grew up afraid for himself
and his siblings should they be involved in an incident with law enforcement. He shared
that his parents were victims of housing, drug law, and economic disparities and fixing
those problems became the driving force in his life. He stated that he supported the use
of body cameras for law enforcement after an incident that occurred five years ago
which raised concerns in the community about how people of color are treated by law
enforcement. He noted that choosing to share the body camera videos of the April 6,
2019 incident publicly was not a popular decision. He further explained that being the
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Chief Executive Officer limits what you can say in situations like this; however, he
disclosed that he ordered an internal investigation of the incident. He described the
types of actions that he would like Ithaca Police Officers to take while interacting with
people and/or effecting an arrest. He also spoke about the structural racism that exists
in the City, County and across the country.
He addressed issues of equity such as affordable housing, drug laws, and free-range
children. He further responded to the demands made by the group supporting Mr.
Ferguson and Ms. DeGroat.
Acting Police Chief Dennis Nayor introduced himself and acknowledged that he has
been listening to all of the comments shared. He spoke about his vision for the Ithaca
Police Department and Sir Robert Peel’s Nine Principles of Policing. He stated the
police are the public and the public are police and they are successful when they work
together. He noted that he doesn’t want people to feel unsafe because of the police
and he will be working hard to build trust in the community. He stated that policing is a
tough profession and they need to vet their recruits carefully to make sure they hire the
right type of officer for the Ithaca Police Department. He further spoke about the types
of training he is interested in bringing to the department.
After many comments from the audience, Mayor Myrick stated that he would be happy
to arrange a public forum for further discussion; however, at this meeting both Common
Council and members of the public need to adhere to the rules of procedure. The
Mayor noted that he could commit to writing a letter on behalf of Mr. Ferguson and Ms.
DeGroat.
Alderperson Murtagh thanked Acting Chief Nayor for coming to the meeting and
acknowleded that he wasn’t in charge of the police department at the time of the April
6th incident. He stated that while viewing the video footage, he noticed that there was a
difference in the way the parties of the altercation were handled. This raised his
concern particularly because the parties were of different races. He inquired as to what
ideas the Acting Chief had to bridge that gap.
Acting Chief Nayor stated that it requires continual work in building trust and legitimacy,
noting that there can’t be an “us vs. them” mentality. He stated that the department
needs to find better ways to work together with the community and commented that the
best efforts are when people don’t have to be arrested or restrained.
Alderperson Lewis thanked the speakers and noted that their comments are
appreciated and have been heard. She stated that this is what democracy should be,
people turning out and telling their truth. She acknowledged that two young people
have been traumatized and voiced her appreciation to the Mayor and Acting Police
Chief for releasing the video footage and for speaking tonight. She stated that there is a
commitment in the City to truly look for ways to make change that will benefit the entire
community. She advocated for this issue to be addressed so positive change could be
made moving forward.
Alderperson Brock suggested that the Mayor draft a letter to District Attorney Van
Houten that Common Council members could sign, requesting that the charges against
Mr. Ferguson and Ms. DeGroat be dropped. She voiced her appreciation to the
speakers who came out, and for the law enforcement personnel who came as well. She
stated that citizens get the government they demand. She further stated that she had
concerns on many levels upon viewing the video footage, including the lack of offering
the benefit of doubt when interviewing those involved. She stated that she is intimately
aware of the different realities that her black son faces compared to the rest of her
family. She acknowledged that the Ithaca Police Department has received excellent
training in recognizing and addressing implicit bias and she is appreciative and grateful
for the professionalism of the department. She stressed that this is a process. The
community and the government have come a long way in the past 10 years but there is
more work to be done.
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Alderperson Smith thanked the speakers for coming out to represent the community
and for using their words to hold Council members accountable for doing their jobs. He
stated that he is happy to see there is interest in continuing this conversation as he
believes that a different format may be more conducive than tonight’s meeting venue.
He further stated that as a result of this conversation, Common Council members would
be reaching out to the District Attorney to make their position clear on this issue.
Alderperson Kerslick thanked everyone for speaking, even though it was difficult to
hear. He noted that it accentuated how many people were deeply affected by the April
6th incident and how much damage it created in the community. He commented that the
perceived silence from Common Council was in part caused by not being sure what the
appropriate format would be to hold this discussion. He stated his belief that the Police
Department missed their mark regarding this incident in terms of community relations
and would like the focus to be placed on preventing something like this from happening
in the future. He stated that he takes these public comments very seriously and
stressed the need to work together on this issue.
Alderperson McGonigal thanked the speakers and stated that he would support a
Resolution asking the District Attorney to drop the charges on the two young people.
He noted that he was struck by the difference in how the involved parties were treated.
He commented that police officers make split decisions and sometimes they are not the
right decisions, but they have to make them. He further thanked the members of the
Ithaca Police Department who came to the meeting tonight. He stressed that Ithaca is
one community and we need to listen to each other and talk to each other, not at each
other.
Alderperson Nguyen stated that he would also support some type of action asking the
District Attorney to drop the charges. He voiced his appreciation for being called to task
by the community.
Alderperson Mohlenhoff echoed Alderperson Murtagh comments. She noted that she
could understand how members of the public thought that Council was being silent on
the issue and explained that there were people working behind the scenes trying to
address all of the elements of the situation. She voiced her support for the police
department and the Acting Chief and appreciates their good faith effort to analyze this
situation to determine how it could have been handled differently.
Recess:
Mayor Myrick requested a recess at 7:50 pm in response to an outburst by a member of
the audience.
Reconvene:
The meeting reconvened into Regular Session at 8:05 pm.
Alderperson Nguyen noted that he would be attending the Lights of Liberty event on
July 12, 2019 at 7:00 pm in the Bernie Milton Pavilion on the Commons and encouraged
others to attend as well.
CONSENT AGENDA ITEMS:
City Administration:
8.1 Youth Bureau – Request to Amend 2019 Youth Bureau Budget - Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
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:
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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
Carried Unanimously
8.2 Youth Bureau - Request to Amend 2019 Youth Bureau Budget - Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
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
Carried Unanimously
8.3 Brindley Street Bridge Replacement Project - Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
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
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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 p roject, 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.
Carried Unanimously
8.4 Fire Department – Request to Amend Capital Project #861 – Ithaca Fire
Department (IFD) Aerial Truck Replacement - Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
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
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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.
Carried Unanimously
8.5 Youth Bureau – Approval of Recreation Partnership Board By-Laws -
Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
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.
Carried Unanimously
8.6 Youth Bureau- Authorization to Apply for a New York State Consolidated
Funding Application Grant for the Cass Park Rink Enclosure Project - Resolution
By Alderperson Smith: Seconded by Alderperson Nguyen
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 operatio ns; 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
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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.
Carried Unanimously
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
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
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 a nd 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
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
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
July 3, 2019
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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.
Alderperson Brock noted that the 2019 Housing Affordability Report put out by the New
York State Comptroller’s Office talks about area median income for homeowners and
renters in Tompkins County. That report, using data from 2013-2017, indicates that the
median income for an individual homeowner in Tompkins County is $80,000 and the
median income for a renter in Tompkins County is $30,000. The average monthly cost
of housing for a homeowner is $1,145 and the average monthly cost of housing for a
renter is $1,055 even though their income is less than half of a homeowner. She
commented that she is not sure what “affordable” means anymore in terms of
subsidizing housing for single individual families who are making $80,000. She voiced
her belief that this money could be better spent on individuals with greater needs, as
this agreement is for “For Sale” housing at 100% AMI for 2 units and 80% AMI for 2
units.
Lynne Truame, Ithaca Neighborhood Housing Services, Inc., stated that the Ithaca
Urban Renewal Agency (IURA) has been very clear that they want this site to include
“For Sale” affordable housing units. The subsidy will bring sale prices down to an
affordable level (approximately $125,000 - $160,000). The AMI being targeted is much
lower than $80,000.
Alderperson Nguyen added that this is a very difficult site and multiple agencies have
been working to get a development going.
A vote on the Resolution resulted as follows:
Carried Unanimously
9.2 Department of Public Information and Technology Proposal to Migrate the
City’s E-mail System to the Microsoft Cloud - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart
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
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WHEREAS, the migration of the e-mail system to the Cloud would provide additional
capacity, resiliency, redundancy, and security for this primary commu nication 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 SAN
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.
Carried Unanimously
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
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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 ar ea
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
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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.
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(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
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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
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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 all
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.
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(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 i s 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
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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 sh all 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
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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 vehic le 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.
The vote on this item was deferred pending additional meetings with the local tow
companies.
City Clerk Conley Holcomb highlighted the benefits of joining a shared services initiative
with Tompkins County (Tompkins County Sheriff’s Office and the 911 Center) and the
New York State Police to standardize and consolidate towing operations throughout
Tompkins County. Part of this initiative would include outsourcing a towing dispatch
management service to oversee the application process, rotation lists, and policy
enforcement.
Discussion followed on the floor regarding the significant time savings that would be
realized by the Ithaca Police Department and the City Clerk’s Office. City Clerk Conley
Holcomb explained that the tow companies have expressed objections to the proposed
dispatch management service. Further discussion followed regarding the proposed
increase in towing fees.
This item will return to Common Council for further consideration in the future.
9.4 Support & Authorization for New York State Consolidated Funding
Application, Water Infrastructure Engineering Planning Grant Pertaining to
Biosolids - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
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 stud y
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
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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 m atching
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.
Carried Unanimously
9.5 Support & Authorization for New York State Consolidated Funding
Application, Water Infrastructure Engineering Planning Grant for Inflow and
Infiltration Project - Resolution
By Alderperson Mohlenhoff: Seconded by Alderperson Brock
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
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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.
Carried Unanimously
9.6 City Controller’s Report:
City Controller Thayer reported on the following:
2020 budget preparation is underway, including Capital Project review
A 2nd debt issue will be sold next week. The City was re-rated by Moody’s and
the Aa2 rating has been maintained.
Sales tax is running at a 2% increase from 2018
Overtime is running above budget
Building permits - $372,000 has been collected of the $1,335,000 budgeted
Parking revenue is at budget; parking expenses are above budget
The CPI is at 1.8%
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
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
By Alderperson Murtagh: Seconded by Alderperson Fleming
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.
Carried Unanimously
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
By Alderperson Murtagh: Seconded by Alderperson Fleming
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,
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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.
Carried Unanimously
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”
By Alderperson Murtagh: Seconded by Alderperson Fleming
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.
July 3, 2019
21
(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.
July 3, 2019
22
(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.
July 3, 2019
23
(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 ba sed 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
July 3, 2019
24
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
July 3, 2019
25
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
July 3, 2019
26
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
July 3, 2019
27
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 district 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
July 3, 2019
28
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.
Discussion followed on the floor regarding the reorganization of the existing sections of
the City Code and the removal of the five-year residency requirement on owner
occupied accessory apartments.
Amending Resolution
By Alderperson Fleming: Seconded by Alderperson Murtagh
RESOLVED, That the proposed new Section 325-10 entitled “Additional Conditions for
Special Permits”, be amended to read as follows:
“Section 325-10. Additional Conditions for Special Permits
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-
July 3, 2019
29
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. This section authorizes, upon issuance of a
special permit, the installation of accessory apartments in owner-
occupied homes.
(a.) Intent. The purposes and intents of permitting accessory
apartments are:
i. To provide homeowners, especially those of low and
moderate income, with a means of obtaining through rental
income, companionship, security and services and thereby
to enable them to stay more comfortably in homes and
neighborhoods they might otherwise be forced to leave.
ii. To add inexpensive rental units to the housing stock
to meet the needs of smaller households, both young and
old.
iii. To make housing units available to low- and
moderate-income households who might otherwise have
difficulty finding homes within the City.
iv. To develop housing units in family neighborhoods that
are appropriate for households at a variety of stages in the
lifecycle, thereby lessening fluctuations in neighborhood
demand for services.
v. To preserve and allow more efficient use of the City's
existing stock of dwellings while ensuring healthy and safe
living environments.
vi. To protect stability, property values and the residential
character of a neighborhood by ensuring that accessory
apartments are installed only in owner-occupied houses and
under such additional conditions as may be appropriate to
further the purposes of this chapter.
(b.) Conditions.
The following specific conditions shall be applicable to all
special permits for accessory apartments.
i. 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.
ii. 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.
iii. 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
July 3, 2019
30
provided that all such structures meet all the
requirements of the City of Ithaca Building
Code.
iv. There shall be no more than one accessory
apartment per lot.
v. 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.
vi. Each accessory apartment shall be limited to
a maximum of two bedrooms.
vii. 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.
viii. 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.
ix. One additional off-street parking space is
required for an accessory apartment.
x. 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
July 3, 2019
31
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.
xi. 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 neighborho od.
(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.
July 3, 2019
32
(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 afte r
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
July 3, 2019
33
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 district 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:
i. Minimum lot size: none
ii. 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.
iii. 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.
iv. 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.
v. 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.
July 3, 2019
34
Discussion followed on the floor regarding infill issues. Alderperson Mohlenhoff further
confirmed that this Ordinance is not intended to address the Air BNB issue, which will
be addressed in the future.
A vote on the Amending Resolution resulted as follows:
Carried Unanimously
Further discussion followed regarding the requirement that mandated property owners
to live in the primary structure for five years before an accessory apartment could be
developed. Alderperson Brock clarified that homeowners still have to be an owner
occupant of the property; however, they do not have to wait 5 years to develop an
accessory apartment. Planning Director Cornish further clarified that this legislation
now allows property owners to live in the accessory unit and rent out the primary unit.
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
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
By Alderperson Murtagh: Seconded by Alderperson Smith
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.
July 3, 2019
35
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 effect ive.
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.
Carried Unanimously
10.3 An Ordinance to Amend Chapter 325 of the City of Ithaca Municipal Code
Entitled “Zoning” To Amend §325-19 Entitled “Transition Regulations”
By Alderperson Murtagh: Seconded by Alderperson Brock
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 effect ive.
July 3, 2019
36
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.
Alderperson Murtagh explained that this item simply moves legislation from one area of
the City Code to another.
Discussion followed on the floor regarding sub-section E(1) – Minimum lot sizes.
A vote on the Ordinance resulted as follows:
Carried Unanimously
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”
By Alderperson Murtagh: Seconded by Alderperson Brock
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.
July 3, 2019
37
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 fo r 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.
Carried Unanimously
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
By Alderperson Murtagh: Seconded by Alderperson Brock
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,
July 3, 2019
38
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.
Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming,
Mohlenhoff, Lewis
Nays (1) Smith
Carried
B. Determination of Environmental Significance – Resolution
By Alderperson Murtagh: Seconded by Alderperson Fleming
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, da ted 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 unn ecessary; 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.
Ayes (9) Brock, McGonigal, Nguyen, Murtagh, Gearhart, Fleming,
Mohlenhoff, Lewis
Nays (1) Smith
Carried
July 3, 2019
39
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
By Alderperson Murtagh: Seconded by Alderperson Brock
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, 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, 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 Municipal Code of the City of Ithaca, 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, 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-50 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.
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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 jurisdictio n, 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.
Alderperson Nguyen stated that he would be fine leaving the zoning as proposed;
however, he has talked with many people about the intimacy created by shorter
buildings. He stated that he would be comfortable with a 4 story stepback but not a 3
story stepback which he finds more restrictive than the Commons zoning. The existing
zoning already requires 12 ft ground floor and 10ft stories.
Planning & Development Director Cornish explained that there is a minimum 10ft floor
to floor requirement which was recommended by the Fire Chief and the Building
Division to allow enough room for mechanicals. The CB60 zone has a 12ft minimum
requirement for the first floor.
Alderperson Nguyen stated that he has no objections to 6 stories with the 10ft floor to
floor requirement as he believes in urban density and this is a major artery that will
connect downtown to everything that is developing in the Waterfront zone. He noted
that he is sensitive to the concerns that some nice buildings and incredible businesses
will be lost as a result of this zoning change but in his opinion, this is the m ost natural
area to promote growth.
Amending Resolution:
By Alderperson Nguyen: Seconded by Alderperson Smith
RESOLVED, That the stepback be amended to 42 feet from 32 feet, and be it further
RESOLVED, That Section 3 of the proposed Ordinance be eliminated, and, be it further
RESOLVED, That a requirement be added to make the maximum façade length 60 ft
and, be it further
RESOLVED, That the building footprint be limited to 7,200 square feet.
Discussion followed on the floor. Planning and Development Director Cornish stated
that these are substantive changes and recommended that this legislation go back to
committee for further discussion. Alderperson Murtagh stated that he supports sending
the legislation back for further discussion at next week’s Planning & Economic
Development Committee meeting. He noted that he still has reservations about the
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proposed heights on that block, and the impact of increasing land values and
commercial rents.
Alderperson Brock stated that the City has invested a lot of money to maintain a small
town feel on West State Street. She noted that most of the buildings are no larger than
3 stories and highlighted the brick street pavement and pedestrian scale lighting. She
commented that she appreciates the maximum footprint suggestion but supports the
legislation as written.
Alderperson Kerslick stated that he is comfortable sending this Ordinance back for
further discussion as this is a special part of town that has become more vibrant
recently. He noted that he appreciates the sense of community that has been
developed and would like to see it flourish. He further voiced concern about the impact
that major development could have on the business environment, citing the current
impacts that construction in Collegetown is having on that business district.
Alderperson Lewis stated that she would like to see this go back to committee. She
voiced her appreciation for Alderperson Nguyen’s suggestions, particularly on massing
and maximum footprint. She noted that this corridor includes a lot of small, thriving
businesses and has small residential units surrounding it. She would like to explore the
proposed amendments further.
Alderperson Mohlenhoff noted that she hears the concerns that have been expressed
but she doesn’t want to do something that would eliminate the development of
additional housing. She stated that she does not support a giant, out of character,
concrete block but would like the opportunity to take a second look at bringing the
balance of additional housing to ensure that the small businesses continue to thrive in
the future.
Alderperson McGonigal echoed Alderperson Lewis’ comments. He noted that staff did
a great job coming up with the suggestions of a 3 story façade with a 15ft stepback to 5
stories. This would achieve a scale that is in line with the neighborhood and would
allow more businesses to become engaged.
Alderperson Nguyen agreed that staff did a great job and cited the proposed
improvements to the area including wider sidewalks, lighting, aestetic improvements to
corridor. He further noted that a ground floor active use requirement might be
something to consider as well.
Motion to Refer to Planning & Economic Development Committee
By Alderperson Murtagh: Seconded by Alderperson Smith
RESOLVED, That this item be referred back to the Planning & Economic Development
Committee for further discussion.
Ayes (8) Nguyen, Murtagh, Gearhart, Fleming, Smith, Kerslick,
Mohlenhoff, Lewis
Nays (2) McGonigal, Brock
Carried
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
By Alderperson Murtagh: Seconded by Alderperson Smith
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
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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
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43
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.
Alderperson Nguyen expressed his excitement about this project noting that it is a great
adaptive reuse. Alderperson Murtagh agreed, noting that it is a massive win for the
community by providing affordable housing units and additional gymnasium space for
GIAC. He stated that the neighborhood is very supportive of this project and he is
proud to see that. Mayor Myrick highlighted all of the support this project has been
given by Ithaca Neighborhood Housing Services (INHS) and the Roman Catholic
Dioceses of Rochester.
Further discussion followed on the floor regarding the synergy that will be provided by
the inclusion of the Just Because Center, along with the benefits of the development of
larger apartments and affordable “For Sale” housing units that will accommodate more
families.
A vote on the Resolution resulted as follows:
Carried Unanimously
10.9 Request for Authorization to Apply for New York State Consolidated
Funding Application Grants for the City Harbor Promenade Project - Resolution
By Alderperson Murtagh: Seconded by Alderperson Brock
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; an d
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
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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 Progra m 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.
Alderperson Brock reaffirmed her gratitude to the developers, noting that they have
always been committed to providing access to the waterfront for the public.
Alderperson Lewis announced that there would be an Open House at the Ithaca
Farmers Market on July 11, 2019 where the public can learn more about the Cayuga
Waterfront Plan.
Alderperson McGonigal noted that the developers changed architects which changed
the project plans considerably. He asked if the promenade design remained the same.
Stacy Murphy, a Grant Consultant helping City Harbor with this application, confirmed
that the plans for the promenade remain the same and that the width has not been
changed. She clarified that this is a reapplication from last year.
Alderperson Kerslick stated that he is thrilled about how popular the Cayuga W aterfront
Trail has become for residents and visitors and he would like to see that maximized as it
is an important aspect of access to the water and nature.
Alderperson Mohlenhoff questioned whether this application would be included in the
same applicant pool as the Ithaca Farmers Market improvements and the Cass Park
Rink Enclosure project. Mayor Myrick responded that it all comes from the same pot of
money, but once you are through the portal there are additional funding sources
available. He noted that New York State encourages multiple grant applications.
A vote on the Resolution resulted as follows:
Carried Unanimously
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45
10.10 A Resolution in Support of Evaluating the Feasibility of Establishing a Joint
City and County Public Safety Facility
By Alderperson Murtagh: Seconded by Alderperson Brock
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 Tompkins County, the City of Ithaca agrees to
funding a more detailed architectural and engineering study of a joint public safety
facility, studying one or more feasible sites agreed upon by the joint City -County co-
location working group, 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;
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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 Tompkins County, the City of Ithaca 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 regardin g the same.
Alderperson Kerslick asked if there was any sense of what the study would cost. City
Attorney Lavine responded that it would be a minimum of $100,000 and available grant
funding is being explored. He noted that Common Council would get to vote on whether
they are interested in spending the money for the study or not.
Discussion followed on the floor regarding the Tompkins County Sheriff’s level of
interest, and the complexity of the oversight of the jail. Alderperson Murtagh noted that
the City will need to invest in a new facility for the Police Department soon and so will
the County, so this is worth exploring further.
A vote on the Resolution resulted as follows:
Carried Unanimously
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
By Alderperson Murtagh: Seconded by Alderperson Smith
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
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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 hall s, 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; 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 with the agenda.
Carried Unanimously
Alderperson Murtagh reported that there will be a discussion on infill at next week’s
Planning and Economic Development Committee meeting.
REPORTS OF COMMON COUNCIL LIAISONS:
Alderperson Lewis noted that she distributed a liaison report for the Ithaca Urban
Renewal Agency via e-mail.
REPORT OF CITY ATTORNEY:
City Attorney Lavine reported that a decision has been made by the Federal Court
regarding the City’s litigation with OurBus. The decision was made in the City’s favor
and states that the City has the right to exercise its public safety prerogative in
regulating the street to prevent too many buses from staging at the same time.
MINUTES FROM PREVIOUS MEETINGS:
18.1 Approval of the May 3, 2019 Common Council Meeting Minutes –
Resolution
By Alderperson Brock: Seconded by Alderperson Lewis
RESOLVED, That the minutes of the May 3, 2019 Common Council Meeting be
approved as published.
Carried Unanimously
18.2 Approval of the June 5, 2019 Common Council Meeting Minutes –
Resolution
Approval of the minutes of the June 5, 2019 Common Council meeting was deferred to
the August meeting.
ADJOURNMENT:
On a motion the meeting adjourned at 9:45 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor