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HomeMy WebLinkAboutTB Minutes 2011-06-13^ Meeting of the Ithaca Town Board ^ Monday, June 13, 2011 at 5:30 p.m. 215 North Tloga Street, Ithaca, NY 14850 Agenda 1. Call to Order and Pledge of Allegiance 2. Report of Tompkins County Legislature 3. Report of Ithaca Common Council 4. Persons to be Heard and Board comments 5. 5:45 p.m. Public Hearing regarding a Local Law deleting Chapter 205 of the Town of Ithaca Code, titled "Property Maintenance" and adding a new Chapter 205 entitled "Property Maintenance" and a Local Law amending the Zoning Chapter of the Town of Ithaca Code to require compliance with the Property Maintenance Chapter of the Town of Ithaca Code a. Consider SEQR (combined) b. Consider Adoption Local Law Deleting Chapter 205 of the Town of Ithaca Code, Titled 'Property Maintenance', and Adding a New Chapter 205, Titled 'Property Maintenance'; and f i c. Consider Adoption I ^ Local Law Amending the Zoning Chapter of the Town of Ithaca Code to require Compliance with the Property Maintenance Chapter of the Town of Ithaca Code 6. Presentation on Expanding the County Agricultural District on the Mitchell Ventures Property (Dan Mitchell) - Debbie Teeter 7. Discuss West Hill Moratorium Language and Consider Setting a Public Hearing 8. Discuss and Consider Setting a Public Hearing Regarding Gas Drilling Local Law 9. Discuss and Consider Referral to the Planning Board of the Revised Ithaca Beer Company Draft Planned Development Zone (PDZ) to the Planning Board for a Recommendation 10. Discuss and Consider Referral to the Planning Board of a proposed expansion of the Longview PDZ 11. Discuss and Consider Referral of Modified EcoVillage PDZ Regarding Solar Collectors 12. Consider Approval of an Interpretive Sign at East Shore Park 13. Discuss and Consider Appointment of Comprehensive Plan Committee Member 14. Discuss Request for Rezoning the Corner Parcel on Route 13/13A 15. Consider Setting a Public Hearing Regarding a Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled "Vehicles and Traffic," By Adding a New Subdivision Prohibiting Parking Along Sand Bank Road Near the Intersection of NYS Rte. 13 16. Consider Approval of Revised Summary Plan Description for the Flexible Spending Account Plan 17. Discuss and Consider Approval of 2011 Bond Resolutions a. East Shore Drive Water Main b. Snyder Hill Road Reconstruction c. Town Hall Roof Reconstruction 18. Discuss and Consider Approval of the PEG Access Budget 19. Consider Recommendation to the City of Ithaca to Reappoint Bill Gilligan to the Board of Fire Commissioners 20. Discuss and Consider Resolution Requesting Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security 21. Consider Approval of Revisions to Civil Engineer Job Description and Approval to Fill Position 22. Consider Approval of Post Employment Questionnaire and Procedures 23. Consider Consent Agenda Items a. Approval of Town Board Minutes of May 23, 2011 b. Town of Ithaca Abstract c. Bolton Point Abstract 24. Report of Town Officials 25. Report of Town Committees 26. Intermunicipal Organizations 27. Review of Correspondence 28. Consider Adjournment ' I f \ n ^ 1 Meeting of the Ithaca Town Board Monday, June 13, 2011 at 5:30 p.m. 215 North Tioga Street, Ithaca, NY 14850 Minutes Town Board Present : Herb Engman, Supervisor; Members: Bill Goodman, Pat Leary, Eric Levine, Rich DePaolo and Tee-Ann Hunter Absent: Nahmin Horwitz Staff Present: ; Bruce Bates,Director of Code EnforcementSusan Brock, Attorney for the Town; Judy Drake, Human Resources Manager; Susan Ritter, Director of Planning; Mike Solvig, Finance Officer; Paulette Terwilliger, Town Clerk and Jim Weber, Highway Superintendant and Director of Public Works Call to Order and Pledge of Allegiance Meeting was called to order at 5:32 p.m. Report of Tompkins County Legislature – None Report of Ithaca Common Council – None Persons to be Heard and Board Comments Ute Ritz-Deutch spoke from the Tompkins County Immigrant Rights Coalition and Abel Rosa from the Latin Civic Association spoke in favor of the resolution to ask Governor Cuomo to Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security Ms. Ritz-Deutch highlighted some of the issues with the MOU and how it affect many undocumented people and their families and how sometimes these individuals are sometimes lost in the abyss for months at a time because they do not receive any protection through due process laws. Greg Perrault asked for clarification on the West Hill moratorium timeline because he was concerned that once ground was broken, a project could be exempt from the moratorium. Susan Brock explained that construction would have to be substantial construction underway to meet the criteria that would even start that process of exemption. 5:45 p.m. Public Hearing regarding a Local Law deleting Chapter 205 of the Town of Ithaca Code, titled “Property Maintenance” and adding a new Chapter 205 entitled “Property Maintenance” and a Local Law amending the Zoning Chapter of the Town of Ithaca Code to require compliance with the Property Maintenance Chapter of the Town of Ithaca Code TB Minutes Page 2 of 30 Mr. Engman opened the public hearing at 5:47 p.m. Mr. Engman gave background and noted that there is a current law, but there are problems with enforcing it, so the new law consists of amendments and the simpler way to do it was to delete the old law and replace it with the new law. Eric Paulson, Gloria Howell and Tim Peleton from the Muriel Street area spoke in favor of the law and especially regarding maintenance issues such as grass, weeds and vegetation being allowed to grow unchecked. They were concerned that that was not specifically mentioned in the law. Mr. Bates responded that some of those issues are regulated under State law and this town law would also help address those issues. The public hearing was closed at 5:54 Consider SEQR (combined) TB RESOLUTION NO. 2011- 092: SEQR: Proposed Local Law deleting Chapter 205 of the Town of Ithaca Code, titled “Property Maintenance”, and adding a new Chapter 205, titled “Property Maintenance” and a Proposed Local Law Amending Article XXVII (General Provisions) of Chapter 270 of the Town of Ithaca Code to Add §270-203.1, Titled “Compliance with Property Maintenance Requirements” WHEREAS, this action is the enactment of a local law deleting Chapter 205 of the Town of Ithaca Code, titled “Property Maintenance”, and adding a new Chapter 205, titled “Property Maintenance” and the enactment of a local law amending Article XXVII (General Provisions) of Chapter 270 of the Town of Ithaca Code to add §270-203.1, Titled “Compliance with Property Maintenance Requirements”; and WHEREAS, said proposed local laws would, among other things, regulates property maintenance in all zones of the Town; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board is acting as lead agency in an environmental review with respect to the enactment of this local law; and WHEREAS, the Town Board, at a public hearing held on June 13, 2011, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I and II for this action, prepared by Code Enforcement staff; RESOLVED, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, for the above referenced action as proposed, based on the information in the EAF Part I and for the reasons set forth in the EAF Part II, and, therefore, a Draft Environmental Impact Statement will not be required. TB Minutes Page 3 of 30 MOVED: Rich DePaolo SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Consider Adoption Local Law Deleting Chapter 205 of the Town of Ithaca Code, Titled 'Property Maintenance', and Adding a New Chapter 205, Titled 'Property Maintenance’ Mr. DePaolo talked at length about the law noting that it is complaint driven and he is concerned about targeting or bad blood between neighbors and the law being used as a harassment tool. Discussion followed. Mr. Bates noted that there are protections built in with the different appeal processes to either the Town Board or the Zoning Board of Appeals. It was also noted that many of the issues under discussion were in the current law and there have not been issues with that terminology with the current law. The lack of a definition of “nuisance” was discussed and Ms. Brock responded that even if a definition were attempted, it would be vague but that there was plenty of case law to use in defense of interpretations of the word. Different words and sections were discussed, but in the end, it was decided that Codes and Ordinances may take a look at it but it has been through numerous committees and reviews by both legal and this board and we will adopt it and review it in a year to see if there are any amendments that need to be done to address any issues that came up can be done then. TB RESOLUTION NO. 2011- 093: Adoption of a Local Law deleting Chapter 205 of the Town of Ithaca Code, titled 'Property Maintenance', and adding a new Chapter 205, titled 'Property Maintenance’ Whereas, the Director of Code Enforcement has reviewed and suggested changes to Chapter 205 “Property Maintenance” of the Town of Ithaca Code, and Whereas a public hearing was scheduled on June 13, 2011 at 5:45 p.m., and Whereas notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and NOW THEREFORE, be it RESOLVED that the Town Board of the Town of Ithaca hereby adopts said local law Deleting Chapter 205 of the Town of Ithaca Code, Titled “Property Maintenance”, and Adding a New Chapter 205, Titled “Property Maintenance”, a copy of which is attached hereto and made a part of this resolution, and it is further RESOLVED that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. TB Minutes Page 4 of 30 MOVED: Eric Levine SECONDED: Pat Leary VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Consider Adoption Local Law Amending the Zoning Chapter of the Town of Ithaca Code to require Compliance with the Property Maintenance Chapter of the Town of Ithaca Code TB RESOLUTION NO. 2011- 094: Adoption of a Local Law Amending Article XXVII (General Provisions) of Chapter 270 of the Town of Ithaca Code to Add §270- 203.1, Titled “Compliance with Property Maintenance Requirements” Whereas, the Director of Code Enforcement has reviewed Chapter 270 of the Town of Ithaca Code and recommended changes requiring properties to comply with Chapter 205 “Property Maintenance” of the Town of Ithaca Code; and Whereas a public hearing was scheduled on June 13, 2011 at 5:45 p.m., and Whereas, notice of said public hearing was duly advertised in the Ithaca Journal; and WHEREAS, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof, and NOW, THEREFORE, be it RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local law amending Article XXVII (General Provisions) of Chapter 270 of the Town of Ithaca Code to add §270-203.1, titled “Compliance with Property Maintenance Requirements”, a copy of which is attached hereto and made a part of this resolution, and it is further RESOLVED, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. MOVED: Bill Goodman SECONDED: Eric Levine VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Presentation on Expanding the County Agricultural District on the Mitchell Ventures Property (Dan Mitchell) – Debbie Teeter Ms. Teeter gave an overview of the process. The intent of the agricultural district is to keep as much rural land in the district as possible. There were questions on the tax implications and benefits to the land owner. Ms. Teeter did not think that there were negative tax implications but she wasn’t 100% sure. The land is agricultural anyway, so it would still have the agricultural assessment. TB Minutes Page 5 of 30 There was some discussion on the proposed uses for the Ithaca Beer proposal and whether they were all “agricultural” such as the restaurant and pub. Ms. Teeter stated that they would be considered “agribusiness” because they would be using their own agricultural products etc. The Board was hesitant to extend the agricultural district further where different uses may be allowed under different New York State Ag and Markets regulations that would hinder the Board and/or Planning Board. It was noted that Mr. Mitchell was looking to consolidate parcels and the possibility of leaving out the parcel with the commercial uses carved out for a PDZ. Mr. Engman was against adding the property that may be used for the business(es) to the district, but would rather it were covered under a PDZ so the Town would have more say in what it wanted to see there through site plan etc. Ms. Teeter suggested the recommendation from the Town be put off until she spoke with Dan Mitchell again to get a firmer idea of the proposal. The Board stated that they were not negative about the project in general at all, just wanted to protect the Town’s interest and ability to have input. Discuss and consider referral to the Planning Board of a proposed expansion of the Longview PDZ Marc Macera was present to answer any questions. Ms. Hunter asked whether Ithacare would be looking for a PILOT agreement and Mr. Macera responded that if different abatement avenues were available in the future they would look at those possibilities, but at this time, he was not aware of any request. Ms. Hunter also asked if there would be units set aside for affordable housing and Mr. Macera responded that this is a different type of residence because it still included services provided such as cleaning or meals or some healthcare related services. The plan right now is to offer a menu of services that residents could choose from to suit their particular needs with an estimated cost of $3,000 a month. Discussion followed. Mr. DePaolo asked why the age limitation was being taken out of the current PDZ and Mr. Macera responded that it was to keep up with the times and needs of the residents giving the example of a 60 year old being married to a 54 year old and as the current PDZ reads, they could not live together there. TB RESOLUTION NO. 2011- 095: Refer Request of Longview, an Ithacare Community, to Amend Planned Development Zone (PDZ) No. 7 Regarding the Expansion of the PDZ Boundary and the Incorporation of a Proposed Senior Independent Living Housing Development to the Planning Board for a Recommendation WHEREAS , Longview an Ithacare Community, located at 1 Bella Vista Drive, proposes to develop eleven new duplex patio homes (22 total units) for independent seniors to live, on Tax Parcel No. 39-1-3.2, located immediately south of the existing facility, and WHEREAS, Tax Parcel No. 39-1-3.2, which is approximately 6 acres in size, is currently zoned for High Density Residential (HDR) use, and TB Minutes Page 6 of 30 WHEREAS , thePlanning Board was presented with a Sketch Plan of the proposed development at its meeting on October 19, 2010 and at that meeting members discussed the idea of amending the existing PDZ to incorporate this new and expanded use, and WHEREAS , rezoning Tax Parcel No. 39-1-3.2 would be a sensible approach to accommodating this development, given that the new dwelling units and their occupants are intended to be integrated into the Longview community and enjoy the services and continuum of care that is currently offered on the main campus, rather than attempting to conform the proposal to the HDR zoning requirements, and WHEREAS , the proposed development would be consistent with the general intent of the 1993 Town of Ithaca Comprehensive Plan which designates Tax Parcel No. 39-1- 3.2 and the surrounding area as “Urban Residential” and “Suburban Residential”, therefore, be it RESOLVED , that the Town Board of the Town of Ithaca hereby refers consideration of the proposed changes to Planned Development Zone No. 7 (Limited Mixed Use, Ithacare) to the Town of Ithaca Planning Board for a recommendation. Moved: Rich DePaolo Seconded : Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Consider Approval of an Interpretive Sign at East Shore Park Mr. Hamilton from the Scenic Review Committee was available to answer questions. There was some discussion on who was going to maintain the sign as well as the selection process for who was going to design and make the sign, especially if this was the first of many. Mr. Hamilton felt that the same person should do them all so they were consistent but they had not approached or contracted with anyone as of now. Resolution No. 2011- 096 : Approval of an Informational Exhibit at the Town of Ithaca East Shore Park and Appropriating Funds for Its Installation WHEREAS the Town of Ithaca Conservation Board has established a scenic view preservation plan after a long process of consultation with the Town Board, staff and the public and WHEREAS the Conservation Board has recommended the installation of an informational exhibit at the East Shore Park as an experimental prototype for scenic views throughout the Town and WHEREAS the Conservation Board has set the following goals for the exhibit: 1. Bring park visitors’ attention to points of interest and orientation within the view TB Minutes Page 7 of 30 2. Explain, illustrate, and orient the visitor to a few fundamental geologic and geographic dimensions of the lake 3. Explain the importance of protecting views such as this one and others identified by the Town (as identified in the Draft Scenic Resources and Analysis and the Conservation Board’s Saving Ithaca’s Views documents) 4. Tell visitors where they can get more information or get involved in conserving the Town’s scenic views Be It RESOLVED that the Town Board approves of the installation of the exhibit at the East Shore Park and FURTHER RESOLVED that an appropriation not to exceed $2,000 is approved to be taken from fund balance to support the creation and installation of the exhibit. MOVED: Rich DePaolo SECONDED: Tee-Ann Hunter VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Discuss West Hill Moratorium Language and Consider Setting a Public Hearing Mr. Engman introduced the topic noting that there was a memo from Susan Brock and an updated map and local law language. The resolution was moved by Bill Goodman and seconded by Eric Levine for discussion. Mr. DePaolo asked which map was being considered at this point and Ms. Brock responded that the new map is the map under discussion tonight. Mr. DePaolo asked if in moving the boundaries did the language change. Discussion followed on the new map. The title of the map and the date of the new map will be references in the final draft of the local law with an Appendix listing all the included tax parcel numbers. Mr. DePaolo asked about the traffic studies references in the language and whether they would be just for the roads in the moratorium area or West Hill generally. Discussion followed on information and studies already on file regarding West Hill and the studies would be all of West Hill, not just the moratorium area. Mr. DePaolo then talked about the northern boundary and why some properties are exempted such as the parcel behind Overlook. Ms. Brock responded that the water and sewer map indicating availability was used and some of the larger parcels have water to portions but not all of the property and that is the justification which she stated would be defensible. Discussion followed. Mr. DePaolo proposed an amendment that the map be modified to include the properties west of Overlook in the MDR shown along Hopkins Road up to Hayts Road. It was easier to draw the new line than attempt to spell it out and Mr. DePaolo drew the proposed amendment line on the map for the file. Mr. Levine asked if this would be defensible and Ms. Brock responded that she thought it would be. The motion for the amendment was unanimous. TB RESOLUTION NO. 2011- 097: SET A PUBLIC HEARING REGARDING A LOCAL LAW PROVIDING FOR A MORATORIUM ON DEVELOPMENT IN A PORTION OF TB Minutes Page 8 of 30 THE TOWN BETWEEN TRUMANSBURG ROAD AND MECKLENBURG ROAD FOR A PERIOD OF THREE HUNDRED SIXTY-FIVE (365) DAYS RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the th Town Hall, 215 North Tioga Street, Ithaca, New York, on the 11 day of July, 2011, at 600 p.m. for the purpose of considering a proposedLocal Law Providing for a Moratorium on Development in a Portion of the Town Between Trumansburg Road and Mecklenburg Road for a Period of Three Hundred Sixty-Five (365) Days; and FURTHER RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and FURTHER RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Bill Goodman SECONDED: Eric Levine VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Discuss and Consider Setting a Public Hearing Regarding Gas Drilling Local Law TB RESOLUTION NO. 2011- 098: SET A PUBLIC HEARING REGARDING A LOCAL LAW AMENDING THE ZONING CHAPTER OF THE TOWN OF ITHACA CODE TO ADD DEFINITION FOR FOREST RESOURCE, CLARIFY DEFINITION OF MINING, AND CLARIFY PERMITTED PRINCIPAL USE IN LIGHT INDUSTRIAL ZONE REGARDING FABRICATION AND ASSEMBLY RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the th Town Hall, 215 North Tioga Street, Ithaca, New York, on the 11 day of July, 2011, at 6:15 p.m. for the purpose of considering a proposedLocal Law Amending the Zoning Chapter of the Town of Ithaca Code to Add Definition for Forest Resource, Clarify Definition of Mining, and Clarify Permitted Principal Use in Light Industrial Zone Regarding Fabrication and Assembly; and FURTHER RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and FURTHER RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. TB Minutes Page 9 of 30 MOVED: Herb Engman SECONDED: Eric Levine VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Discuss and Consider Referral to the Planning Board of the Revised Ithaca Beer Company Draft Planned Development Zone (PDZ) TB RESOLUTION NO. 2011- 099: Refer Revised Ithaca Beer Company Draft Planned Development Zone (PDZ) Regarding Boundary Adjustment to the Planning Board for a Recommendation WHEREAS , Ithaca Beer Co. is proposing to develop an approximately 10 +/- acre portion of an +/- 81 acre parcel on Mancini Drive off Elmira Road (NYS Route 13), Tax Parcel No. 33-3-2.2, to include a new brewery, welcome center, retail store and restaurant with outdoor patio and garden, which would require rezoning to a Planned Development Zone (PDZ), and WHEREAS , the Town of Ithaca Town Board at its meeting on March 8, 2010 referred the proposal to the Planning Committee for a preliminary recommendation on the concept of pursuing a PDZ, and WHEREAS , the Town of Ithaca Planning Committee at its meeting on June 10, 2010 recommended that the Town Board consider pursuing a PDZ to accommodate the proposed new brewery, welcome center and restaurant with an outdoor patio and garden, and WHEREAS, Ithaca Beer Co. prepared a draft PDZ and the Town of Ithaca Town Board at its meeting on July 12, 2010 referred the draft local law to the Town of Ithaca Planning Committee for review and consideration, and WHEREAS , the Town of Ithaca Planning Committee has reviewed and discussed the draft PDZ at its meetings on July 14, 2010, February 10, 2011, and April 21, 2011, and WHEREAS , the Town of Ithaca Planning Committee at its meeting on April 21, 2011 recommended that the Town Board refer the draft PDZ local law to the Planning Board for a recommendation and to begin the in-depth review of the proposed Ithaca Beer Company development plans, and WHEREAS , the Town Board, at its meeting on May 9, 2011, did refer the draft PDZ local law to the Planning Board for a recommendation on the original 10 +/- acre proposal, and WHEREAS , the applicant has since proposed to revise the boundary of the PDZ to include the private drives (Mancini Drive and Mancini Road), making the total acreage of the proposed PDZ now approximately 12.52 acre, therefore, be it TB Minutes Page 10 of 30 RESOLVED , that the Town Board of the Town of Ithaca hereby refers consideration of the revised (increase in acreage) proposed draft “Local Law to Amend Zoning Chapters 270 and 271 of the Town of Ithaca Code to Provide a Planned Development Zone for the Ithaca Beer Company on Route 13” to the Town of Ithaca Planning Board for a recommendation and to begin the in-depth review of the Ithaca Beer development plans. MOVED: Rich DePaolo SECONDED: Tee-Ann Hunter VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Discuss and Consider Referral of Modified EcoVillage PDZ Regarding Solar Collectors Bill Goodman recused himself because he is a member of the Board of Directors for EcoVillage. He added that he could answer any questions the Board had as a representative. TB RESOLUTION NO. 2011- 100: Refer Additional Request of EcoVillage at Ithaca to Amend Planned Development Zone (PDZ) No. 8 Regarding Solar Collectors to the Planning Board for a Recommendation WHEREAS , EcoVillage at Ithaca is proposing to install a solar photovoltaic array/collector that would be comprised of two 156 foot long sections, twelve feet deep and ten feet wide, to serve the 30 residences in the First Residents Group Neighborhood (FROG) at EcoVillage, and WHEREAS, the Town’s solar collector and installation law allows collectors up to a maximum size of 1,000 square feet, and to only be located on parcels as accessory structures to a principal use, and WHEREAS, the solar collector proposed by EcoVillage will exceed the 1,000 square foot area limitation and will be located on a parcel that contains only a barn and a greenhouse, with no principal building (so it is not an accessory to a principal use), and will therefore not conform to the requirements of the Town Code, and WHEREAS, the Planning Board granted site plan approval for the solar collector at its meeting on June 7, 2011, with the condition that the project either modify the Planned Development Zone (PDZ) language for EcoVillage to allow a solar collector larger than 1000 square feet in size and as a principal structure, or seek a use and area variance from the Zoning Board of Appeals, and WHEREAS , amendments to the EcoVillage PDZ are currently under consideration, and th at the April 25 Town Board meeting, the Town Board referred consideration of the proposed draft “Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to Change EcoVillage Planned Development Zone TB Minutes Page 11 of 30 Provisions Relating to Dwelling Units in a Community Center, and Acreage Per Neighborhood” to the Planning Board for a recommendations, and WHEREAS , the Planning Board is scheduled to consider amendments to the EcoVillage PDZ, as specified in the aforementioned local law above, at their meeting on June 21, 2011 and amendments pertaining to solar collectors, as described further above, could also be incorporated into this local law and addressed by the Planning Board concurrently at their meeting on June 21, 2011, therefore, be it RESOLVED , that the Town Board of the Town of Ithaca hereby refers consideration of the draft “Local Law Amending Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, To Change EcoVillage Planned Development Zone Provisions Relating to Dwelling Units in a Community Center, Acreage per Neighborhood, and Solar Collectors” to the Town of Ithaca Planning Board for a recommendation. MOVED: Rich DePaolo SECONDED: Eric Levine VOTE: Ayes: Engman, Leary, Levine, Hunter and DePaolo Abstention: Bill Goodman Motion was made by and seconded by to set a public hearing regarding the local law amending the EcoVillage PDZ for July 11, 2011 at 5:45 p.m. Motion passed unanimously with Mr. Goodman abstaining. Discuss and Consider Approval of 2011 Bond Resolutions our debt service will be less than last year because we have retired several TB RESOLUTION NO. 2011-101: BOND RESOLUTION In the Matter of the Proposed East Shore Drive Water Main Water Improvement Area Improvements, in the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at Town Hall, in Ithaca, New York, in said Town, on the 13th day of June, 2011, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Herb Engman and upon roll being called, there were PRESENT: Supervisor Herb Engman; Councilperson Rich DePaolo; Councilperson Bill Goodman; Councilperson Tee-Ann Hunter; Councilperson Patricia Leary; Councilperson Eric Levine; ABSENT: Councilperson Nahmin Horwitz The following resolution was offered by Councilperson Rich DePaolo who moved its adoption, seconded by Councilperson Tee-Ann Hunter to-wit: TB Minutes Page 12 of 30 A RESOLUTION AUTHORIZING THE ISSUANCE OF $2,500,000 SERIAL BONDS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF THE EAST SHORE DRIVE WATER MAIN WATER IMPROVEMENT AREA IMPROVEMENTS OF THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK. WHEREAS, pursuant to the proceedings heretofore duly had and taken in accordance with the provisions of Article 12-C of the Town Law, and more particularly a resolution dated April 5, 2011, said Town Board has determined it to be in the public interest to establish East Shore Drive Water Main Water Improvement Area (the “Area”) and to make certain improvements therefore at a maximum estimated cost of $2,500,000; and WHEREAS, said improvements have been determined to be an Unlisted Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, which it has been determined will not result in any significant environmental effects; and WHEREAS, the office of the State Comptroller has given permission to establish said Area by Order dated May 11, 2011; and WHEREAS, it is now desired to provide funding for such improvements for said Area; NOW, THEREFORE, BE ITRESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. For the specific object or purpose of paying the cost of water system improvements, for the East Shore Water Main Water Improvement Area consisting of construction and installation of approximately 6,000 feet of new 12-inch Ductile Iron Pipe (DIP) water main along the east side of East Shore Drive commencing from the intersection of Renwick Place and Lake Street, then extending north to the intersection of Remington Road and East Shore Drive, continuing north along East Shore Drive to the Town of Ithaca/Town of Lansing municipal boundary, also including an 8-inch Polyethylene water main loop serving the lake houses from Number 916 to number 940, along with multiple service lines serving the remaining houses in the Town along East Shore Drive and construction of a pressure regulating station consisting of a pre-case concrete building, pressure regulating valves and related piping to be located on Remington Road and ancillary facilities, as well as other original equipment, machinery, apparatus, appurtenances, and furnishings, incidental improvements and expenses in connection therewith, at a maximum estimated cost of $2,500,000 there are hereby authorized to be issued $2,500,000 serial bonds of said Town pursuant to the provisions of the Local Finance Law. Section 2. It is hereby determined that the plan for the financing of said specific object or purpose is by the issuance of the $2,500,000 serial bonds of said Town authorized to be issued therefore pursuant to this bond resolution. TB Minutes Page 13 of 30 Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is forty years, pursuant to subdivision 1 of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged to the payment of the principal of and interest on such bonds as the same respectively become due and payable. There shall be annually apportioned and assessed upon the several lots and parcels of land within said East Shore Drive Water Main Water Improvement Area which the Town Board shall determine and specify to be especially benefited by the improvements, an amount sufficient to pay the principal and interest on said bonds as the same become due, but if not paid from such source, all the taxable real property in said Town shall be subject to the levy of ad valorem taxes without limitation as to rate or amount sufficient to pay the principal of and interest on said bonds as the same shall become due. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the serial bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the Supervisor, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he or she shall deem best for the interests of said Town, including, but not limited to the power to sell said bonds to the New York State Environmental Facilities Corporation; provided, however, that in the exercise of these delegated powers, he or she shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Comptroller applicable to the sale of municipal bonds. The receipt of the Town shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level or declining annual debt service and all matter related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the Town by the facsimile signature of the Supervisor, providing for the manual countersignature of a fiscal agent or of a designated official of the Town), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the Supervisor. It is hereby determined that it is to the financial advantage of the Town not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such TB Minutes Page 14 of 30 bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the Town shall determine. Section 8. The Supervisor is hereby further authorized, at his or her sole discretion, to execute an application, a project financing and/or loan agreement, and any other agreements with the New York State Department of Health/or the New York State Environmental Facilities Corporation, including amendments thereto, and including any instruments (or amendments thereto) in the effectuation thereof, in order to effect the financing or refinancing of the specific object or purpose described in Section 1 hereof, or a portion thereof, by a serial bond or note issue of said Town in the event of the sale of same to the New York State Environmental Facilities Corporation. Section 9. The power to issue and sell notes to the New York State Environmental Facilities Corporation pursuant to Section 169.00 of the Local Finance Law is hereby delegated to the Town Supervisor. Such notes shall be of such terms, form and contents as may be prescribed by said Town Supervisor consistent with the provisions of the Local Finance Law Section 10. The intent of this resolution is to give the Supervisor sufficient authority to execute those agreements, instruments or to do any similar acts necessary to effect the issuance of the aforesaid serial bonds or notes without resorting to further action of this Town Board. Section 11. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 12. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 - 2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 13. This resolution which takes effect immediately shall be published in summary form in the official newspaper, together with a notice of the Town Clerk in substantially the form provided in Section 8l.00 of the Local Finance Law. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: TB Minutes Page 15 of 30 Supervisor Herb Engman VOTING Aye Councilperson Bill Goodman VOTING Aye Councilperson Pat Leary VOTING Aye Councilperson Tee-ann Hunter VOTING Aye Councilperson Eric Levine VOTING Aye Councilperson Rich DePaolo VOTING Aye The resolution was thereupon declared duly adopted. * * * * * * TB RESOLUTION NO. 2011-102: BOND RESOLUTION (Subject to Permissive Referendum) In the Matter of the Proposed Reconstruction of Snyder Hill Road, in the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at Town Hall, in Ithaca, New York, in said Town, on the 13th day of June, 2011, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Herb Engman and upon roll being called, there were PRESENT: Supervisor Herb Engman; Councilperson Rich DePaolo; Councilperson Bill Goodman; Councilperson Tee-Ann Hunter; Councilperson Patricia Leary; Councilperson Eric Levine; ABSENT: Councilperson Nahmin Horwitz The following resolution was offered by Councilperson Tee-Ann Hunter, who moved its adoption, seconded by Supervisor Herb Engman to-wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE RECONSTRUCTION OF SNYDER HILL ROAD IN AND FOR THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $500,000, AND AUTHORIZING THE ISSUANCE OF $500,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulation provides will not result in any significant adverse environmental effects; and WHEREAS, it is now desired to authorize the financing thereof; TB Minutes Page 16 of 30 NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. The reconstruction of Snyder Hill Road in and for the Town of Ithaca, Tompkins County, New York, including curbing, landscaping and other right-of- way improvements and other incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $500,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding $500,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is fifteen years, pursuant to subdivision 20(c) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or TB Minutes Page 17 of 30 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Supervisor Herb Engman VOTING Aye Councilperson Bill Goodman VOTING Aye Councilperson Pat Leary VOTING Aye Councilperson Tee-ann Hunter VOTING Aye Councilperson Eric Levine VOTING Aye Councilperson Rich DePaolo VOTING Aye The resolution was thereupon declared duly adopted. TB RESOLUTION NO. 2011- 103: BOND RESOLUTION (Subject to Permissive Referendum) In the Matter of the Proposed Reconstruction of the Roof at the Town Hall Building, in the Town of Ithaca, Tompkins County, New York, pursuant to Town Law and the Local Finance Law. At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at Town Hall, in Ithaca, New York, in said Town, on the 13th day of June, 2011, at 5:30 o'clock P.M., Prevailing Time. The meeting was called to order by Supervisor Herb Engman and upon roll being called, there were TB Minutes Page 18 of 30 PRESENT: Supervisor Herb Engman; Councilperson Rich DePaolo; Councilperson Bill Goodman; Councilperson Tee-Ann Hunter; Councilperson Patricia Leary; Councilperson Eric Levine; ABSENT: Councilperson Nahmin Horwitz The following resolution was offered by Councilperson Eric Levine who moved its adoption, seconded by Councilperson Bill Goodman to-wit: A RESOLUTION AUTHORIZING, SUBJECT TO PERMISSIVE REFERENDUM, THE RECONSTRUCTION OF THE ROOF AT THE TOWN HALL BUILDING IN AND FOR THE TOWN OF ITHACA, TOMPKINS COUNTY, NEW YORK, AT A MAXIMUM ESTIMATED COST OF $300,000, AND AUTHORIZING THE ISSUANCE OF $300,000 BONDS OF SAID TOWN TO PAY THE COST THEREOF. WHEREAS, all conditions precedent to the financing of the capital project hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, the capital project hereinafter described has been determined to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act, the implementation of which as proposed, said regulation provides will not result in any significant adverse environmental effects; and WHEREAS, it is now desired to authorize the financing thereof; NOW, THEREFORE, BE IT RESOLVED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. The reconstruction of the roof at the Town Hall Building, in and for the Town of Ithaca, Tompkins County, New York, including incidental improvements and expenses in connection therewith, is hereby authorized at a maximum estimated cost of $300,000. Section 2. The plan for the financing of the aforesaid maximum estimated cost is by the issuance of not exceeding $300,000 bonds of said Town, hereby authorized to be issued therefor pursuant to the provisions of the Local Finance Law. Section 3. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is twenty-five years, pursuant to subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance Law. It is hereby further determined that the maximum maturity of the serial bonds herein authorized will exceed five years. Section 4. The faith and credit of said Town of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall annually be levied on TB Minutes Page 19 of 30 all the taxable real property in said Town, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 5. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the Supervisor of said Town, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said Supervisor, consistent with the provisions of the Local Finance Law. Section 6. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the Supervisor, the chief fiscal officer of such Town. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the Supervisor shall determine consistent with the provisions of the Local Finance Law. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said Town is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150-2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. Upon this resolution taking effect, the same shall be published in full or summary form in the official newspaper of said Town for such purpose, together with a notice of the Town Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. Section 10. THIS RESOLUTION IS ADOPTED SUBJECT TO PERMISSIVE REFERENDUM. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: TB Minutes Page 20 of 30 Supervisor Herb Engman VOTING Aye Councilperson Bill Goodman VOTING Aye Councilperson Pat Leary VOTING Aye Councilperson Tee-ann Hunter VOTING Aye Councilperson Eric Levine VOTING Aye Councilperson Rich DePaolo VOTING Aye The resolution was thereupon declared duly adopted. * * * * * * Discuss and Consider Appointment of Comprehensive Plan Committee Member The agenda item was pulled Discuss Request for Rezoning the Corner Parcel on Route 13/13A Mr. Engman noted that the Board received a letter from Mr. Bentkowski regarding the 3 acre parcel on the corner of Route 13 and 13A explaining that he had a buyer interested in putting a used car lot on the parcel. It is a difficult parcel to market because of the zoning and he is looking for a zoning change. Ms. Hunter noted that there is a stream there and Mr. Weber noted that both roads are state roads with limits on access. Mr. Engman asked if there was any support for changing the zoning to allow a used car lot; there was none. Consider Setting a Public Hearing Regarding a Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled “Vehicles and Traffic,” By Adding a New Subdivision Prohibiting Parking Along Sand Bank Road Near the Intersection of NYS Rte. 13 Mr. Levine asked where the public was supposed to park and Mr. Engman explained that he had received a call from a resident who stated that she saw children running between cars and there was barely enough room for one car to pass and certainly not enough room for emergency response. Mr. Levine responded that he does not see children running but that is also the parent’s responsibility and there is a parking lot there that is not manned consistently and is locked which exacerbates the problem. Mr. Weber added that there is a new playground there now and it is a problem. The State Parks believe there is adequate parking in the main lot and people could walk over the bridge to get there. Discussion followed. Mr. Levine was frustrated that the Parks keep the gate closed when unmanned and he volunteered to talk to the State Parks regarding the issue. Mr. Engman thought that there were two issues, doing our due diligence in ensuring a safe environment and getting the Parks to help where they can with parking. TB RESOLUTION NO. 2011-104: SET A “PUBLIC HEARING REGARDING A LOCAL LAW AMENDING CHAPTER 250 OF THE TOWN OF ITHACA CODE, TITLED “VEHICLES AND TRAFFIC,” TO PROHIBIT PARKING ALONG SAND BANK ROAD NEAR THE INTERSECTION OF NYS RTE. 13.” TB Minutes Page 21 of 30 RESOLVED, that the Town Board of the Town of Ithaca will hold a public hearing at th Town Hall, 215 North Tioga Street, Ithaca, New York, on the 11 day of July, 2011, at 5:50 p.m. for the purpose of considering a proposed Local Law Amending Chapter 250 of the Town of Ithaca Code, Titled “Vehicles and Traffic,” to prohibit parking along Sand Bank Road near the intersection of NYS Rte. 13; and FURTHER RESOLVED, that at such time and place all persons interested in the proposed amendment may be heard concerning the same; and FURTHER RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and directed to publish a notice of such public hearing in the Ithaca Journal published in the City of Ithaca, Ithaca, New York, and to post a copy of same on the signboard of the Town of Ithaca, said publication and posting to occur not less than ten days before the day designated above for the public hearing. MOVED: Eric Levine SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo Consider Approval of Revised Summary Plan Description for the Flexible Spending Account Plan RESOLUTION NO. 2011-105: Approval of Revised Summary Plan Description for the Flexible Spending Account Plan WHEREAS, the Town authorized providing employees a Flexible Spending Program effective January 1, 2005 and revised the Section 125 Flexible Spending Account Plan documents; and WHEREAS, the Summary Plan Description has been revised due to the changes in health care laws which changed the definition of dependent, the discontinuation of allowing for over the counter medicines and drugs and adopting a new flexible spending account limit of $2,500 effective January 1, 2013; (see attached Plan Document and Summary Plan Document.) Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the revised Plan Document and Summary Plan Description for the Flexible Spending Plan for the Town of Ithaca. MOVED: Rich DePaolo SECONDED: Bill Goodman VOTE: Ayes: Engman, Goodman, Leary, Levine, Hunter and DePaolo TB Minutes Page 22 of 30 Discuss and Consider Resolution Requesting Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security TB RESOLUTION NO. 2011- 106: Requesting that Governor Cuomo Rescind the Secure Communities Memorandum of Agreement Between New York State and the Department of Homeland Security WHEREAS in March, 2008 the U.S. Immigration and Customs Enforcement (ICE), an agency of the Department of Homeland Security (DHS), initiated a Secure Communities Program and WHEREAS in May, 2010 New York State signed a Memorandum of Agreement (MOA) with ICE to allow the Secure Communities Program into New York, which was revised on December 28, 2010 and WHEREAS this Memorandum of Agreement requires New York State and any participating local law enforcement departments to use fingerprint-based biometric technology during booking of arrestees and requires them to share this data immediately with DHS, effectively opening the door for ICE presence in every police precinct across New York State and WHEREAS the way in which the Department of Homeland Security went about signing this agreement with the Department of Criminal Justice Services was neither transparent nor public and the agreement was signed without any public input and without the knowledge of many elected officials who are entrusted to represent the best interests of constituents and WHEREAS confusing and contradictory information has been provided as to whether municipal participation in the Secure Communities Program is voluntary or compulsory once an agreement is signed and WHEREAS the increasing collaboration between law enforcement agencies and ICE is of great concern due to the negative impact on community trust in policing, the potential for racial profiling, and most importantly, the funneling of thousands of New Yorkers into immigration detention and deportation without the exercise of due rights and WHEREAS the detention and deportation system lacks accountability or transparency, and often sends New York immigrant residents thousands of miles away to immigration detention centers located in Texas, Louisiana, and Alabama, where they are deprived of adequate access to counsel, medical care, family, witnesses, and other evidence necessary to defend themselves against deportation and WHEREAS beyond the individual suffering, each one of these New Yorkers leaves behind a broken family and TB Minutes Page 23 of 30 WHEREAS, ICE has made clear that localities, not ICE, will bear the financial and resource burdens and all liabilities incurred by participation in the Secure Communities Program and its related programs and WHEREAS as New York is grappling with an $8.1 billion budget deficit and Tompkins County is still weathering a challenging economic environment and can ill-afford unnecessary expenditures that do not benefit our community and WHEREAS on May 4, 2011, Governor Quinn of Illinois requested a termination of the Memorandum of Agreement between the Illinois State Police and DHS stating that ICE’s records show that more than 20% of the deportations from the state under the program have been of persons who were not convicted of any crime and nearly 79% of those deported nationwide under the Secure Communities Program are non-criminals or were picked up but not necessarily charged or convicted Now therefore be it RESOLVED that the Town Board of the Town of Ithaca does not support the County’s participation in the Secure Communities Program in its current constitution and implementation and RESOLVED, further, that the Town Board of the Town of Ithaca strongly urges New York State Governor Andrew Cuomo to rescind in its entirety the Memorandum of Agreement (MOA) New York State signed in May 2010 and revised in December 2010 with the Department of Homeland Security’s Immigration and Customs Enforcement agency authorizing the implementation of the Secure Communities Program in New York and RESOLVED, further, that the Town Board of the Town of Ithaca urges Governor Cuomo not to commit New York State to any future involvement in the program until further investigation, review, and public debate on all aspects and impacts of the program and RESOLVED, further, that the Town Clerk forward copies of this resolution to Governor Andrew Cuomo, New York State Senators James L. Seward and Thomas F. O’Mara, and Assemblywoman Barbara S. Lifton . MOVED: Herb Engman SECONDED: Pat Leary VOTE: AYES: Herb Engman, Pat Leary, Tee-Ann Hunter, Rich DePaolo, Eric Levine and Pat Leary Motion passed unanimously Discuss and Consider Approval of the PEG Access Budget Mr. DePaolo explained the budget which comes from the .15 surcharge on each customer’s bill. Ms. Leary thought that it was a tax and she was against it because of the content and quality of the programming. She asked if the company could be forced TB Minutes Page 24 of 30 to pay for it out of its profits and Ms. Hunter said that has been tried and the franchise agreement is coming up for renewal soon and it will probably be discussed again. TB Resolution No. 2011-107 to Adopt 2012 PEG Access Studio Capital Budget Whereas the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $0.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio; and Whereas the total capital budget for the life of the ten-year agreement was estimated to be $200,000; Whereas the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement; and Whereas the Access Oversight Committee has approved a 2011 capital budget in the amount of $30,000; and Whereas the Franchise Agreement states that participating municipalities, including the Town of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now therefore be it Resolved that the Town Board of the Town of Ithaca adopts the 2011 PEG Access Studio budget as approved by the Access Oversight Committee. Moved: Rich DePaolo Seconded: Tee-Ann Hunter Vote: Ayes: Engman, Hunter, DePaolo, Levine and Goodman Nays: Leary Absent: Horwitz Consider Recommendation to the City of Ithaca to Reappoint Bill Gilligan to the Board of Fire Commissioners TB RESOLUTION NO. 2011- 108: Recommendation of Reappointment of William Gilligan to Board of Fire Commissioners. WHEREAS,William Gilligan’s term on the Ithaca Board of Fire Commissioners as a Town of Ithaca representative expires on June 30, 2011; and WHEREAS,Mr. Gilligan wishes to be reappointed to the said position; and WHEREAS,the appointment to the said position is made by the City of Ithaca Common Council based upon a resolution recommending appointment by the Town of Ithaca Town Board; now, therefore, be it TB Minutes Page 25 of 30 RESOLVED, that the governing Town Board hereby requests and recommends that the City of Ithaca Common Council appoint William Gilligan as a Town of Ithaca representative to the Board of Fire Commissioners for a three-year term commencing July 1, 2011 through June 30, 2013. Moved: Tee Ann Hunter Seconded: Bill Goodman Vote: Ayes: Engman, Hunter, DePaolo, Levine, Leary and Goodman Motion passed unanimously. Consider Consent Agenda Items TB RESOLUTION NO. 2010-109: Consent Agenda BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves and/or adopts the resolutions for the following Consent Agenda items: a. Town of Ithaca Abstract b. Bolton Point Abstract c. Approval of Minutes of May 23, 2011 MOVEDSECONDED : Bill Goodman : Herb Engman VOTE : Ayes: Engman, Goodman, Leary, Levine, DePaolo, and Hunter Motion passed unanimously. TB RESOLUTION NO. 2010- 109a: Approval of Minutes of May 23, 2011 WHEREAS, the draft minutes of the May 23, 2011 of the Town Board have been submitted for review and approval; THEREFORE BE IT RESOLVED, that the governing Town Board hereby approves the submitted minutes as the final minutes of the May 23, 2011 of the Town Board of the Town of Ithaca. MOVEDSECONDED : Bill Goodman : Herb Engman VOTE : Ayes: Engman, Goodman, Leary, Levine, DePaolo, and Hunter Motion passed unanimously. TB RESOLUTION NO. 2011-109b: Town of Ithaca Abstract WHEREAS , the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and TB Minutes Page 26 of 30 WHEREAS , the said vouchers have been audited for payment by the said Town Board; now therefore be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 584 - 643 General Fund Town wide 107,329.48 General Fund Part Town 1,789.28 Highway Fund Part Town 10,845.76 Water Fund 84,950.20 Sewer Fund 4,047.59 Warren Road Walkway 110,360.41 Forest Home Traffic Calming Fire Protection Fund 134,333.50 Risk Retention Fund Forest Home Lighting District 131.89 Glenside Lighting District 35.42 Renwick Heights Lighting District 51.12 Eastwood Commons Lighting District 129.41 Clover Lane Lighting District 15.17 Winner’s Circle Lighting District 52.86 Burleigh Drive Lighting District 51.30 West Haven Road Lighting District 151.22 Coddington Road Lighting District 90.40 Trust and Agency 4,000.00 Debt Service 687.50 TOTAL 459,052.51 MOVEDSECONDED : Bill Goodman : Herb Engman VOTE : Ayes: Engman, Goodman, Leary, Levine, DePaolo, and Hunter Motion passed unanimously. TB RESOLUTION NO. 2011-109c: Bolton Point Abstract WHEREAS , the following numbered vouchers for the Southern Cayuga Lake Intermunicipal Water Commission have been presented to the governing Town Board for approval of payment; and WHEREAS , the said vouchers have been audited for payment by the said Town Board; now, therefore, be it RESOLVED , that the governing Town Board hereby authorizes the payment of the said vouchers. TB Minutes Page 27 of 30 Voucher Numbers: 248-303 Check Numbers: 13121-13176 Burdick Hill Tanks Project $ 0 Operating Fund $ 96,345.46 TOTAL $ 96,345.46 Less Prepaid $ 21,557.09 TOTAL $ 74,788.37 MOVEDSECONDED : Bill Goodman : Herb Engman VOTE : Ayes: Engman, Goodman, Leary, Levine, DePaolo, and Hunter Motion passed unanimously. Consider Approval of Revisions to Civil Engineer Job Description and Approval to Fill Position TB RESOLUTION NO. 2011-110: Approval of Revised Job Description – Civil Engineer WHEREAS, there is a vacancy in the Civil Engineer position, effective June 3, 2011, and the Highway Superintendent recommends filling the position; and WHEREAS, the Personnel Committee has discussed the position, reviewed the job description, the full time status of the position and the hiring range for the position; and WHEREAS, the Personnel Committee recommends revisions to the job description to improve the information provided to applicants prior to recruiting; and WHEREAS, the Personnel Committee recommends recruiting and filling the position at the current 40 hours per week with the regular “N” class hiring range of $45,406.40- $53,726.40, with full time benefits; Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the attached revised job description for the Civil Engineer position; And, be it further TB Minutes Page 28 of 30 RESOLVED, the Human Resources Manager is directed to advertise the position at the current 40 hours per week with the regular “N” class hiring range of $45,406.40- $53,726.40, with full time benefits. MOVEDSECONDED : Rich DePaolo : Bill Goodman VOTE : Ayes: Engman, Goodman, Leary, Levine, DePaolo, and Hunter Motion passed unanimously. Consider Approval of Post Employment Questionnaire and Procedures Ms. Drake gave a summary and Mr. Engman reiterated that this would be purely voluntary. TB RESOLUTION NO. 2011 – 111: Approval of Post Employment Exit Questionnaire and procedures WHEREAS, the Personnel Committee recommends having a procedure where a post employment questionnaire would be sent to all employees that retire, resign or are terminated and would be returned and reviewed by the full Town Board; and WHEREAS , the Personnel Committee recommends the following questionnaire and procedures; and (see below and attached) Now, therefore, be it RESOLVED, the Town Board of the Town of Ithaca does hereby approve the use of the Post Employment Exit Questionnaire and procedures. MOVEDSECONDED : Rich DePaolo : Bill Goodman VOTE : Ayes: Engman, Goodman, Leary, Levine, DePaolo, and Hunter Motion passed unanimously. Report of Town Officials Mr. Weber reported that the repairs at 118 Eastern Heights has been started and it should come in at the estimated amount. He also reported that the second notice to residents supplied by the Ridgecrest Road tank was mailed on Friday. The tan is still off-line but will be going back on-line next week. Ms. Drake reminded the Board that there will be a presentation on Wednesday on the Job Classification topic at 1:00 p.m. Report of Town Committees Intermunicipal Organizations TB Minutes Page 29 of 30 Review of Correspondence ^ Ms. Hunter noted the letter from Steven Gould from the EPA and she suggested he also be told about the Watershed Management Plan with the 10. Mr. DePaolo offered to email him. Ms. Hunter then noted the resolution from the Town of Ulysses regarding the 90 day commentary period and asked if the Board wanted to do the same. The Board did and Ms. Hunter read the resolution into the record. TB Resolution No, 2011-112: Resolution asking the New York State Department of Environmental Conservation to Extend a Minimum of 90 Davs the Comment Period for the Supplemental Generic Environmental Impact Statement on Oil. Gas, and Solution mining Regulations for Shale Gas Driiiinq WHEREAS according to the Executive Order No. 41 (Requiring Further Environmental Review), signed by Governor David A. Paterson on December 13, 2010, the Department of Environmental Conservation was ordered to publish a Revised Draft Supplemental Generic Environmental Impact Statement (sGEIS) on or about June 1,2 Oil and WHEREAS we understand the tremendous effort required by the NYS DEC to address the complex technical and regulatory concepts that must be included in the Revised Draft sGEIS and WHEREAS that Executive Order also called for the Department to accept public comments on the Revised Draft for at least thirty (30) days and WHEREAS due to the extent of the complexity of the Revised Draft sGEIS, we are concerned with the time and effort it will take for the public and for agencies to review the revised document upon its release and WHEREAS the public is entitled to have adequate time to review this important document. Therefore be it RESOLVED we are requesting that the NYS DEC establish a minimum ninety day public comment period following the promulgation of the Revised Draft sGEIS. Be it FURTHER RESOLVED this resolution be sent to Commissioner Joe Martens; Governor Andrew Cuomo; NYS Senators Dean Skelos, Brian Kolb, Thomas O'Mara , James Seward, and Michael Nozzolio; Speak Sheldon Silver; Assemblywoman Barbara Lifton; US Senators Charles Schumerand Kirsten Gillibrand; Representatives Diane DeGette, Richard Hanna and Maurice Hinchey; EPA Administrator Lisa Jackson and EPA Region 2 Administrator Judith Enck. TB Minutes Page 30 of 30 Move Into closed session to discuss real property where publicity would substantially affect the value of the property. Motion made by Bill Goodman, seconded by Pat Leary. Unanimous 9:06 p.m. Re-enter open session: Moved by Pat Leary, seconded by Rich DePaolo 9:36 p.m. Move into Executive session to seek legal counsel regarding the sale or lease of real property where publicity would substantially affect the value of the property and to discuss the employment history of a particular person. Moved by Bill Goodman, seconded by Pat Leary. Unanimous 9:37 p.m. Re-enter open session: Moved by Bill Goodman, seconded by Pat Leary. Unanimous 9:57 p.m. Meeting was adjourned upon motion by Bill Goodman, Unanimous 9:58 p.m. Resped^ully submitted *aulette Terwilliger Town Clerk I \ I \ I \ I \ I ) f \ TOWN OF ITHACA TOWN BOARD SIGN-IN SHEET DATE: June 13, 2011 (PLEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE /VJJA/rADDRESS/AFFILIATION i 0 /'C ICj ^ ( 0 ui CCV £/z^ ^V1 / A T rp ^ / f f ^ f ' ^ ft t ^ ^ U f f 0 ^0^ /\~ 13^ G^fgRL^'E^ mkA A/^a <>J V M ^ cA zryf r 4f 1, \ { I TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION I, Paulette Terwilliger, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: □ ADVERTISEMENT^^NOTICE OF PUBLIC HEARINGS June Regular Town Board Meeting Property Maint. Local Law(s) Location of Sign Board Used for Posting: Town Clerk's Office 215 North Tioga Street Ithaca, NY 14850 Date of P 8/2/2011 Paulette Terwilliger Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this 3^^ June 2011. day of Notary Public Debra OeAuglstlne Notarv Public - State of New YoiKNO.01DE6148035 Oualified in Tompkins CountyMy Commission Expires June 19. -iu itad liability company may 0 be fomied under Secllon U 203 oF the Limited Liability inCompany Law. tiif 5/25.6/1,6/8,6/15,6/22. 6/ 6/29/2011 7/ , TOWN OF' ITHACATOWN OF 2 1 ITHACA 2Public Hearing q' Notice is hereby given that A the Town Board has sched- uled a Public Hearing to be *; held at 215 N. Tioga St„ ^' Ithaca, NY on June 13, 52011 beginning at 5:45 jl p,m. regarding a Local Lawdeleting Chapter 205 oF the ^Town oF Ithaca Code, titled ^'Property Maintenance' ,* and adding a new Chapter . 205 entitled "Property <Mahteunce' and a Local ^' Law emending the Zorirtg -j Chapter oF the Town oF f Ithara Code to require p' complBtKe with the Prop- ( ' erty Maintenance Chapter e of the Town of fthaca 4 Code. 7 Information on the pro- d posed local laws Is evaila- u ble hwn the town clerk's g, office at the above address 9 townclerk@town,ltF»ca.ny f during normal business , hours, Paulette Terwilliger Town Clerk 6/1/2011 / f k 5/- TOWN OF ITHACA Public Hearing Notice is hereby given that the Town Board has scheduled a Public Hearing to be held at 215 N. Tioga St., Ithaca, NY on June 13, 2011 beginning at 5:45 p.m. regarding a Local Law deleting Chapter 205 of the Town of Ithaca Code, titled "Property Maintenance" and adding a new Chapter 205 entitled "Property Maintenance" and a Local Law amending the Zoning Chapter of the Town of Ithaca Code to require compliance with the Property Maintenance Chapter of the Town of Ithaca Code. Information on the proposed local laws is available from the town clerk's office at the above address or townclerk@town.ithaca.nv during normal business hours. Paulette Terwilliger Town Clerk 6/1/2011 ^ 4 PROJECT ID NUMBER 617.20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART 1 - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT / SPONSOR Town of Ithaca 2. PROJECT NAME Town of Ithaca local law 3.PR0JECT LOCATION: Town of Ithaca Municipality Tompklns County County 4. PRECISE LOCATION: Street Addess and Road Intersections. Prominent landmarks etc - or provide map Law applies to entire Town of Ithaca, except the village of Cayuga Heights 5. IS PROPOSED ACTION : New □ Expansion □ Modification / alteration 6. DESCRIBE PROJECT BRIEFLY: The project is to repeal the current local law titled chapter 205 property maintenance and replace with a new local law titled Chapter 205 property maintenance and add a new section to the town of Ithaca code Chapter 270 (Zoning), Article XXVII (General Provisions) of the Town of Ithaca Code is amended by adding § 270-230.1, titled "Compliance withproperliy maintenance requirements. The new law will regulate the the maintenance of property within the towns jurisdiction. <^7. AMOUNT OF LAND AFFECTED: ^ Initially 17675 acres Ultimately 17675 acres WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 0 Yes □ No If no, describe briefly: 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? (Choose as many as apply.) 0 Residential 0 industrial 0 Commercial |^|Agriculture |^\ Park / Forest / Open Space | [Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) □ Yes 0 No If yes, list agency name and permit / approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? □ Yes ^^jNo If yes, list agency name and permit / approval: 1^ AS A ^ULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION?I lYes r7l No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant / Sponsor Name BrucG W. Bates, Dlrector of Code Enforcement and Zoning Date: March 17,2011 , Signature If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ^ARTII n IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. I I Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. I I Yes [7] No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) 01. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: None - This action will increase the protection of those listed in question C1 as well as the following questions C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: None C3. Vegetation or feuna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: None C4. A community's existing plans or goals as officially adopted, or a change In use or intensity of use of land or other natural resources? Explain briefly: None C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: None C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: None C7. Other impacts (including changes in use of either quantity or type of energy? Explain briefly: None D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? (If yes, explain briefly: j I Yes [2 No E. IS THERE, OR IS THERE LIKELY TO BE. CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: I I Yes No PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect Identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. a Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL EA^nd/or prepare a positive declaration. |-_w/uheck this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed actior [Vj WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this detepnination. r 1 INOIIIO L ' Print or Typeffame off^esi Name of Lead Agency h in Lead Agency in Lead Agencyignature/^Responsible ^7ob:^v\3i Title oResponsible Officer Signatw^f Preparer (jf different from responsible officer) I \ West Hill Area Moratorium Boundary I Town of Cayuga Lake 1 nmpn City of Ithaca 77Z J Mites Proposed area included in the Moratorium LR f I MDR [3Z] OPC C LDR ■H MR I I AG ' June 2, 2011