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
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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
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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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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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:
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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.
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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
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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:
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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;
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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
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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
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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
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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:
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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.”
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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
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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
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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
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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
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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
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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)
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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