HomeMy WebLinkAboutMN-CC-1990-09-05i
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. September 5, 1990
PRESENT:
Mayor Nichols
Alderpersons (10) - Blanchard, Romanowski, Cummings, Daley,
Booth, Johnson, Golder, Schroeder, Hoffman,
Peterson
OTHERS PRESENT'
City Attorney - Guttman
City Clerk - Paolangeli
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning & Development Director - Van Cort
Police Chief - McEwen
Building Commissioner - Datz
Superintendent of Public Works - Thadani
County Representative - Lerner
Personnel Administrator - Saul
Fire Chief - Olmstead
PLEDGE OF ALLEGIANCE:
Mayor Nichols led all present in the Pledge of Allegiance to the
American flag.
MINUTES:
Approval of Minutes of the August 1, 1990 Common Council Meeting
By Alderperson Peterson: Seconded by Alderperson Schroeder
RESOLVED, That the Minutes of the August 1, 1990 Common Council
meeting be approved as published.
Carried Unanimously
ADDITIONS TO THE AGENDA:
Intergovernmental Relations Committee
Mayor Nichols requested the addition of Items 19.1 and 19.2, Sale
of Land to the Science Discovery Center and the procedure for the
sale of the City Hall Annex.
No Council member objected.
New Business
Mayor Nichols requested the addition of Item 22.2, a petition
from Aladdin's Restaurant.
Alderperson Blanchard requested the addition of Item 22.3, a
report on the proposal for additional buy -in at the Sewer
Treatment Plant.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing - To consider an Ordinance amending Section 30.37
entitled 'off-street Parking' of Chapter 30 entitled 'Zoning' of
the City of Ithaca Municipal Code
Resolution to Open Public Hearing
By Alderperson Romanowski.: Seconded by Alderperson Daley
RESOLVED, That the public hearing to consider an ordinance
amending Section 30.37 entitled 'Off- street Parking' of Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code be
declared open.
Carried Unanimously
Alderperson Peterson explained the ordinance.
No one appeared to address the Council.
1
ry
September 5, 1990
Resolution to Close Public Hearing
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the public hearing to consider an ordinance
amending Section 30.37 entitled 'Off- street Parking' of Chapter
30 entitled 'Zoning' of the City of Ithaca Municipal Code be
declared closed.
Carried Unanimously
MAYOR'S APPOINTMENTS:
Rental Housing Board '
Mayor Nichols requested approval for the appointment of Pamela
Zinder, 909 North Cayuga Street, with a term to expire December
31, 1991, to replace Arlene Richardson who resigned.
Resolution
By Alderperson Schroeder: Seconded by Alderperson Booth
RESOLVED, That this Council approves the appointment of Pamela
Zinder to the Rental Housing-Board with a term to expire December
31, 1991. C,
Carried Unanimously
Inlet Island / ;Use Committee
Mayor Nichols requested approval for the appointments to the
Inlet Island Use Committee as follows:
John Parmalee Mark Zaharis
Victoria Romanoff Katherine Wolf
Barbara Blanchard John Wertis
Moncrief Cochran John Schroeder
Phil Cox Ann Diller
Resolution
By Alderperson Daley: Seconded by Alderperson Blanchard
RESOLVED, That this Council approves the appointments to the
Inlet Island Use Committee as listed above.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
World Summit for Children
Jennifer Plummer, 334 Sage Hall, addressed Council regarding the
World Summit for Children and the candlelight vigil that will be
held in Ithaca on September 23.
Nicole Rose, 243 Sage Hall, spoke to Council on the World Summit
for Children and urged Council members and the Ithaca community
to attend the candlelight vigil and the events that will be held
on September 23 on The Commons.
Michael James Tino, 5556 Clara Dickson Hall, addressed Council
regarding the importance of community leaders doing what they can
to improve the condition of children and their lives and
education and health care. He requested that the Council declare
the week between the vigil on September 23 and the summit on the
29th and 30th the Week of the Child in Ithaca.
Interim Parks Commission
Victoria Romanoff, Chair of the Interim Parks Commission, read
the following resolution that was passed unanimously by the
Interim Parks Commission on August 16, 1990:
"WHEREAS, the following studies, 'Ithaca, New York a General
Plan' 1971, 'Recreation and Open Space Plan' 1968, and 'Ithaca
Waterways Study' 1976, have all documented the need for
additional green space and recreational areas in the Northside,
and
r^.
September 5, 1990
WHEREAS, Northside and neighboring residents have clearly
expressed a desire for a neighborhood park, a need made more
imperative, given the increased population density that will be
occasioned by the addition of new housing in that neighborhood;
now, therefore, be it
RESOLVED, That the Ithaca Interim Parks Commission recommends
that Common Council make an application under the E.Q.B.A. to
(600-11 help fund the acquisition and development and maintenance of a
new Northside park."
Car -Free City Street System
Mr. Reinhold Wotawa, 84 Weston Road, Caroline, NY, presented a
petition with 198 signatures, asking the Common Council to
establish a road system free of car traffic.
Northside Park
�.� Mr. Carl Klapper, 207 Adams Street, spoke in opposition to the
proposed park on the Northside.
Ci )
Proposed Drop -in Center
�) Mr. Guy Gerard, spoke to Council in opposition to the proposed
Drop -in Center being located on the Elmira Road.
Baling Station on Elmira Road
Mr. Bill Manos, West Hill resident, addressed Council in
opposition to the proposed Baling Station being located on the
Elmira Road.
RESPONSE TO THE PUBLIC:
Car -Free City Street System
Alderperson Booth suggested that the Planning and Development
Committee look into the matter of car -free streets in Ithaca.
REPORT OF BOARD OF REPRESENTATIVES:
County Representative Lerner reported to the Council on the
following:
Disposal Fees for Trash - The disposal fees for trash at the
Landstrom Landfill will be raised starting January 1, 1991. Fees
are going up from $40.00 a ton to $62.00 a ton. The reason for
this is that in 1991 all the costs of the County's recycling
operation are going to be covered by the disposal fees at the
landfill rather than by County taxes. This means that people
who throw away garbage and pay for it by trash tags or dumpster
disposal fees, etc. are going to be subsidizing the costs of the
recycling operation rather than recycling being paid for through
taxes.
If the administrative fees on trash tags stay the same it means
that the cost of the trash tag is going to go up by approximately
$.39. Mr. Lerner stated that a second consideration that he
hopes Council will take into account is what happens in the
transition if the 1991 trash tags have a different price per tag
than the 1990 trash tags. There is going to have to be some kind
of method to keep using the 1990 ones into 1991, in which case
(Woel the revenues will be lost, or to trade them in which sounds like
an administrative headache.
"Household Hazardous Waste Disposal Day" - The County has
postponed the Household Hazardous Waste Disposal Day until next
Spring due to the prohibitive costs.
Baling Station - At the Board of Reps meeting last evening there
was a decision to pre -load the land at the Commercial Avenue site
for the Central Processing Facility. This increases the value of
the land whether the baling station goes forward or not.
3
September 5, 1990
Split Payment of County Taxes - At the August meeting the Board
of Reps approved the proposal to permit people when they pay
their County taxes to split the payments into two payments - one
in January and one in July with a 2.5% service fee to make up the
administrative costs of processing two payments.
County Planning Publication - James Hansen, County Planning
Commissioner has started publishing a County planning newsletter,
named "The County Planner ". Rep. Lerner stated it is an
extremely well done newsletter and he urged Council members to
ask to be put on the mailing list to receive copies.
Defective Nuclear Weapons at Seneca Army Depot - The Board of
Reps, as did the Council, passed a resolution calling on our
Senators and the Governor to investigate the possibility of there
being defective nuclear weapons stored across the County line.
Fees for Inspection of Environmental Health Related Facilities -
The Board of Health and the County Health Department charges a
fee for inspection of environmental health related facilities.
Up through this year charitable organizations, public schools and
municipalities have been exempt from paying those fees. The
County Board of Health has passed a resolution for 1991
eliminating the exemption from fees for municipalities,
charitable organizations and public schools.
Infant Mortality Rate for Tompkins County - The infant mortality
rate for Tompkins County has gotten significantly worse in the
last couple of years. It is worse than the average for Upstate
New York and for the United State. The County Long -term Health
Planning Council has appointed a committee to look into what is
going on with infant mortality in Tompkins County.
Discussion
Alderperson Booth stated that he is amazed that the County Board
went ahead and adopted the resolution on collecting County taxes
in two installments when what the City has said repeatedly is
that it is going to create administrative chaos for the City.
Fie thinks the City is going to have to give consideration to not
collecting the taxes.
Alderperson Peterson stated that the matter will be discussed at
the Charter and Ordinance Committee meeting on September 13th.
Alderperson Booth asked Mr. Lerner if the Central Processing
Facility would be privately managed or publicly managed?
Mr. Lerner responded that he personally thinks it should be
publicly managed but he is not sure of the County thinking on
that.
Mayor Nichols asked Mr. Lerner if he is aware that the Director
of Solid Waste has stated publicly that it will be privately
managed and that this is understood?
Mr. Lerner stated that he has heard conflicting reports, but
certainly there has been no decision made.
Alderperson Booth asked Mr. Lerner if the County is looking at
the matter of the trash tags changing on January 1, 1991 and are
they trying to come up with ideas on how this might be managed?
Mr. Lerner stated that he brought that up at a Board of Reps
meeting and the answer was that it was the haulers problem.
Alderperson Blanchard stated that this matter has been placed on
the Board of Public Works agenda for immediate discussions.
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I V__. �
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September 5, 1990
Alderperson Booth stated that this system seems to vary from
jurisdiction to jurisdiction and that makes it very difficult.
The County has evidently allowed certain municipalities not to
use the tag system and he thinks that sends the wrong kind of
messages. He said we are in this together and he thinks everyone
should be using the same system.
Mayor Nichols, for the record, stated that there is one
difference. The County, in its wisdom, established a price for
(600.", trash tags which was based on the assumption that every bag would
be 35 pounds, when in fact most bags are less which means people
are paying more than is warranted by the tipping fee. He said
that any excess that the City is collecting as a result of that
is going into a special fund which will be used so that
hopefully we will not have to increase the trash tag fee as much
because we have built up a backlog.
r, Further discussion followed on the floor with Rep. Lerner
answering questions from Council.
M REPORT OF CITY BOARDS COMMITTEES AND COMMISSIONS:
Six Mile Creek Committee
ca Alderperson Peterson reported that the Natural Area Sub - committee)
has put together about 10 recommendations. The Six Mile Creek
Committee reviewed these last night and it will now go to the
Town CAC for their review.
Board of Public Works
Mayor Nichols reported that the Board has set up a special
subcommittee to look at options as to what might be done to
restore the first hour free parking that used to exist in the
City's parking garages.
(woe CITY ATTORNEY'S REPORT:
Wilma Douglas Suit Against the City and Other Municipalities
City Attorney Guttman reported that there has been a suit filed
against the City of Ithaca, State of New York and the State
Police alleging that Ms. Douglas' civil rights were violated by
their entering her apartment during a drug search and seizure
action last year. He stated that the case has been turned over
the City's insurance carrier.
Central Processing Facility
City Attorney Guttman reported that the Judge decided against the
City on the matter of the Central Processing Facility.
CNG Transmission Law Suit
City Attorney Guttman reported that the City has sued CNG
Transmission Company. The company, pursuant to their power of
eminent domain, took a strip of land in the watershed area to put
in a gas pipeline. As part of that action, they removed trees
and vegetation, and dug a trench to put in the pipeline. He said
that CNG is required to pay to the City the damages that the City
sustained as a result of that taking. They have paid to the City
and the City has accepted as partial payment a sum of $4,200 and
the City has reserved their right to argue that additional
damages were sustained. The City has brought an action alleging
that the damages of the taking are in the range of $40,000.
Greiver Family Court Case
City Attorney Guttman reported on the Greiver Family Court case
and the action that was brought against the City Police
Department in regards to the case. The case went before Judge
Barrett in Family Court and it was decided that the City Police
took the appropriate action.
5
September 5, 1990
Housing and Building Code Violations Cases
City Attorney Guttman reported on several matters that are going
on in Court at this time.
Alderperson Cummings arrived at the meeting at 8:00 p.m.
BUDGET AND ADMINISTRATION COMMITTEE:
* 15.1 Fire Department - Request for Approval of Service Awards
Program for Volunteer Fire Fighters
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City of Ithaca is eligible to establish a service
award program pursuant to Article 11 -A of General Municipal Law;
and
WHEREAS, the Board of Fire Commissioners and Common Council have
considered the establishment of a service award program for
volunteer members of the Ithaca Fire Department; and
WHEREAS, it has been determined that establishment of a service
award program for eligible volunteer fire fighters would serve
the City's interests by encouraging individuals to become and
continue as members of the Ithaca Fire Department, and
WHEREAS, the City of Ithaca has solicited proposals from
contractors for investment and administrative services related to
a service award program and has thoroughly reviewed the proposals
received, and
WHEREAS, a defined benefit plan as a service award could be
established for an annual estimated cost of $779.57 per
participant; with a total annual estimated program cost of
$24,946.21, representing approximately $ .078 per $1,000 assessed
valuation increase in the real property taxes of the City of
Ithaca; with the annual administrative expense of such a program
estimated to be $396.00; and
WHEREAS, such a program would provide an eligible volunteer fire
fighter with an anticipated payment of $15.00 per month for life
for each year of credited service, and
WHEREAS, the plan shall also provide for retroactive service
credit of up to five years from the date of the program's
establishment, and
WHEREAS, the plan shall also provide death and disability
benefits and life insurance benefits for eligible volunteer fire
fighters, and
WHEREAS, the plan is described in an August 29, 1990 memorandum
from Marcia Lynch, Volunteer Coordinator, to Common Council; now,
therefore, be it
RESOLVED:
1. That the City of Ithaca hereby agrees to establish a
service award program for volunteer members of the Ithaca Fire
Department as of December 1, 1990, as such program is described
in said August 29, 1990 memorandum.
2. That the program shall consist of a defined benefit plan
with investment and administrative services to be provided by
Unity Mutual Life Insurance Company.
3. That the Board of Fire Commissioners shall, on the
advice of the City Attorney, be authorized to execute a contract
with Unity Mutual Life Insurance on behalf of the City of Ithaca.
R
"1;)
September 5, 1990
4. That the Board of Fire Commissioners of the City of
Ithaca is hereby designated as the Service Award Program
Committee and is authorized to submit recommendations to Common
Council regarding aspects of the award program which are, by law,
obligations of the program sponsor.
"Shall the qualified electors of the City of Ithaca approve
r� the resolution adopted by the Common Council on the 5th day of
September, 1990 to establish a service award program for
co co volunteer members of the Ithaca Fire Department as of December 1,
1990?
[� Such program would consist of a defined benefit plan as a
service award which could be established for an annual estimated
cost of $779.57 per participant; with a total annual first year
estimated program cost of $24,946.21, representing an increase in
the City of Ithaca's real property tax rate of approximately
$.078 per $1,000 of 1990 assessed valuation; with the annual
administrative expense of such a program estimated to be $396.00.
Such a program would provide an eligible volunteer fire fighter,
after he or she reaches the age of 65, with an anticipated
payment of $15.00 per month for life-for each year of credited
service."
Alderperson Booth explained the resolution and the problems that
he sees associated with the program. Extensive discussion
followed on the floor.
Fire Chief Olmstead spoke to Council regarding the proposed
legislation.
David Cornelius, Chair of the Board of Fire Commissioners,
emphasized the importance of this proposed program.
City Controller Cafferillo and City Attorney Guttman answered
questions from Council members.
Motion to Table
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the matter of approval for a Service Awards
Program for Volunteer Fire Fighters be tabled until adequate
answers are received to the issues that have been raised.
Ayes (8) - Booth, Johnson, Blanchard, Golder, Schroeder,
Daley, Hoffman, Cummings
Nays (2) - Romanowski, Peterson
Carried
*
15-2 Finance Department - Tompkins County Request for City
Participation in Half Taq Sales for Low Income Residents
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Tompkins County Department of Social Services has
established a program to subsidize the sale of trash tags to low
income residents; now, therefore, be it
7
5. That the City Clerk be
and hereby is
authorized
to take
all actions necessary to lawfully
submit this
resolution
for the
approval or disapproval of the
the election
qualified electors
to be held in
of the
the City of
City of
Ithaca
Ithaca at general
on the 6th day of November, 1990 between the
hours of 6:00
a.m.
and 9:00 p.m.
6. That the proposition
to be voted
upon shall
read as
follows:
"Shall the qualified electors of the City of Ithaca approve
r� the resolution adopted by the Common Council on the 5th day of
September, 1990 to establish a service award program for
co co volunteer members of the Ithaca Fire Department as of December 1,
1990?
[� Such program would consist of a defined benefit plan as a
service award which could be established for an annual estimated
cost of $779.57 per participant; with a total annual first year
estimated program cost of $24,946.21, representing an increase in
the City of Ithaca's real property tax rate of approximately
$.078 per $1,000 of 1990 assessed valuation; with the annual
administrative expense of such a program estimated to be $396.00.
Such a program would provide an eligible volunteer fire fighter,
after he or she reaches the age of 65, with an anticipated
payment of $15.00 per month for life-for each year of credited
service."
Alderperson Booth explained the resolution and the problems that
he sees associated with the program. Extensive discussion
followed on the floor.
Fire Chief Olmstead spoke to Council regarding the proposed
legislation.
David Cornelius, Chair of the Board of Fire Commissioners,
emphasized the importance of this proposed program.
City Controller Cafferillo and City Attorney Guttman answered
questions from Council members.
Motion to Table
By Alderperson Booth: Seconded by Alderperson Blanchard
RESOLVED, That the matter of approval for a Service Awards
Program for Volunteer Fire Fighters be tabled until adequate
answers are received to the issues that have been raised.
Ayes (8) - Booth, Johnson, Blanchard, Golder, Schroeder,
Daley, Hoffman, Cummings
Nays (2) - Romanowski, Peterson
Carried
*
15-2 Finance Department - Tompkins County Request for City
Participation in Half Taq Sales for Low Income Residents
By Alderperson Booth: Seconded by Alderperson Peterson
WHEREAS, the Tompkins County Department of Social Services has
established a program to subsidize the sale of trash tags to low
income residents; now, therefore, be it
7
September 5, 1990
RESOLVED, That the City Chamberlain is authorized to sell 250
sheets of City half tags (17 lbs. tags) to the Tompkins County
Department of Social Services for the base tipping fee cost of
$4.20 per sheet, and be it further
RESOLVED, That Common Council reserves determination of future
City participation in this program, subject to an evaluation of
criteria established by the County for the distribution of such
tags by Social Services.
Carried Unanimously
* 15.3 An Ordinance Amending Section 27.45(D) of Chapter 27
Entitled 'Housing Code' of the City of Ithaca Municipal Code
By Alderperson Booth: Seconded by Alderperson Daley
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING SECTION 27.45(D) OF CHAPTER 27
ENTITLED "HOUSING CODE" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
1. That Section 27.45(D) of the City of Ithaca Municipal
Code entitled "Certificate of Compliance" be and the same is
hereby amended to read as follows:
D. Before a Certificate of Compliance
shall be paid to the Building Department a
per hour for all time spent by the Housing
the premises including, but not limited
correspondence, review of the appropriate f
and actual inspections of the property.
may be issued there
fee equal to $28.00
Inspector regarding
to, time spent in
iles, transportation
2. Effective Date. This Ordinance shall take effect immediately
and in accordance with law upon publication of a notice as
provided in Section 3.11(B) of the Ithaca City Charter.
Motion to Substitute (Resolution from 8/1/90 CC Meeting)
By Alderperson Booth: Seconded by Alderperson Peterson
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING SECTION 27.45(D) OF CHAPTER 27
ENTITLED "HOUSING CODE" OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
1. That Section 27.45(D) of the City of Ithaca Municipal
Code entitled "Certificate of Compliance" be and the same is
hereby amended to read as follows:
D. Before a Certificate of Compliance may be issued there
shall be paid to the Building Department a fee equal to the
following:
i. $40.00 plus $28.00 per hour for the time spent by
the Housing Inspector at the premises doing the
initial inspection to determine whether the
premises are incompliance with the Housing Code,
plus
0
September 5, 1990
ii. If, at the time the initial inspection is done the
premises are not in compliance with the Housing
Code, $28.00 per hour for all time spent by the
Housing Inspector regarding the premises after
such initial inspection, including but not limited
to time spent in correspondence, review of the
appropriate files, transportation and further
inspections.
2. Effective Date. This Ordinance shall take effect
immediately.
Discussion followed with Building Commissioner Datz answering
questions from Council members.
Amendment to Substitute Resolution
By Alderperson Romanowski: Seconded by Alderperson Schroeder
RESOLVED, That in Item D -i, the figure of $40.00 be changed to
$28.00.
Discussion followed on the amending resolution.
Y� A vote on the Amending Resolution resulted as follows:
Ayes (6) - Romanowski, Schroeder, Hoffman, Daley, Blanchard
Mayor Nichols
Nays (5) - Cummings, Peterson, Johnson, Golder, Booth
Carried
Motion to Accept Substitute Resolution from the 8/1/90 Common
Council Meeting
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That the motion to accept the Substitute Resolution
(600" from the 8/1/90 Common Council meeting be approved.
Carried Unanimously
Substitute Resolution As Amended
A vote on the Substitute Resolution as Amended resulted as
follows:
Ayes (9) - Booth, Daley, Johnson, Romanowski, Blanchard,
Cummings, Hoffman, Schroeder
Nay (1) - Peterson
Carried
* 15.4 Finance Department - City Clerk - Request to Recodify the
City Code and Charter
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the City pursue recodification of the City Charter
and Municipal Code pursuant to a proposal presented by General
Code Publishers, with a contract to be reviewed by the City
Attorney and the Budget and Administration Committee and
presented to Common Council at its next regularly scheduled
meeting.
Carried Unanimously
*
15.5 Planning Department.- Request for Funding of the Downtown
Vision Task Force
By Alderperson Booth: Seconded by Alderperson Schroeder
WHEREAS, the Mayor and Common Council have established a Downtown
Vision Task Force to examine existing conditions and recommend
alternatives which may be undertaken by the City and the private
sector relative to parking, marketing, promotional and other
related activities to strengthen the downtown business district,
and
WHEREAS, the Downtown Vision Task Force has recommended several
initial areas for study; now, therefore, be it
9
September 5, 1990
RESOLVED, That an amount not to exceed $39,165 be authorized as
follows:
Personnel Services
Clerical, Full -time 35 hrs /wk (4 mos.) $5,000
Professional, Part -time 17 hrs /wk (4 mos.) 3,665
Project Expenses relative to Parking, Marketing,
Promotion and Other Related Activities
$30,500
Total $39,165
and be it further
RESOLVED, That $36,165 be transferred to account A8020 -425,
Planning and Development Contractual Services, to be combined
with existing funds and that the $36,165 be provided as follows:
A. Transfer $4,000 from account A1990 Unrestricted
Contingency.
B. Transfer $3,665 from account A8020 -110.
C. Transfer $28,500 from Capital Reserve #14 for parking
areas.
Alderperson Daley referred to a sheet entitled "Downtown vision
Task Force 1990 Budget" and requested that each item be voted on
separately due to a conflict of interest he has regarding the
hiring of the consultant.
Alderperson Hoffman requested that in addition to voting on each
item separately in the first Resolved-clause, the second Resolved
clause also be voted on separately.
The requests were acceptable to the Council and therefore the
Task Force budget (First Resolved) and the second Resolved
clause will be voted on separately.
Extensive discussion followed on the floor.
Alderperson Booth, for the record, stated that he thinks that the
market study, as it has been generally defined by the Task Force
and been discussed, will be useful in the City's making a
decision in whether or not to go forward with the parking
garage .
Alderperson Booth stated that he believes there is no question
that this is not a City commitment toward a much larger market
study.
Alderperson Booth further stated that he expects the private
sector will participate financially and otherwise in the
decisions that shape the downtown.
Mayor Nichols also added his support to the resolution.
Resolution (Clerical)
RESOLVED, That the request for $5,000 for clerical personnel,
full -time (35 hours /week) for 4 months be approved.
Carried Unanimously
Resolution (Professional)
RESOLVED, That the request for $3,665 for Professional personnel,
part -time (17 hours /week) for 4 months be approved.
Carried Unanimously
10
September 5, 1990
Resolution (Market Study)
RESOLVED, That the request for $15,000 for a Market Study be
approved.
Ayes (7) - Blanchard, Romanowski, Daley, Cummings, Johnson,
Booth, Schroeder
Nays (3) - Peterson, Hoffman, Golder
Carried
Resolution (Consultant)
RESOLVED, That the request for $4,000 for a Consultant be
approved.
Ayes (6) - Blanchard, Romanowski, Cummings, Johnson, Booth,
Schroeder
Nays (3) - Peterson, Hoffman, Golder
Abstention (1) - Daley (conflict of interest)
Carried
Resolution (Parking Study)
RESOLVED, That the request for $6,500 for a Parking Study be
approved.
-� Carried Unanimously
Resolution (Miscellaneous)
RESOLVED, That the request for $5,000 for Miscellaneous,
including consultants, office supplies and materials,
publications and printing, mailing and telephone expenses and
travel expense be approved.
Carried Unanimously
2nd Resolved Clause - Resolution
A vote to adopt the Second Resolved-Clause resulted as follows:
Carried Unanimously
Recess
Common Council recessed at 9:35 p.m. and reconvened at 9:50 p.m.
* 15.6 Personnel Department - Request to Allocate Funds for
Employee Recognition Picnic
By Alderperson Booth: Seconded by Alderperson Blanchard
WHEREAS, the Mayor, Common Council and the Department Heads would
like to sponsor a picnic for our employees in recognition of
ti:ei_r dedicated and outstanding service to the City of Ithaca;
now, therefore, be it
RESOLVED, That an amount not to exceed $3,000 be transferred from
account. A1990 unrestricted contingency to account A1430 -440
Personnel Staff Development to fund this event.
Carried Unanimously
* 15.7 Building Department - Appointment of Senior Typist
By Alderperson Booth: Seconded by Alderperson Cummings
RESOLVED, That Kathleen Boyd be appointed to the position of
Senior Typist in the Building Department at an annual salary of
$16,031 that being Step 5 on the 1990 CSEA Administrative Unit
Compensation Plan, effective September 17, 1990.
Carried Unanimously
*
15.8 Personnel Department - Request to Amend Personnel Roster
Temporarily
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the Personnel Roster of the Personnel Department
be temporarily amended from September 3, 1990 to December 31,
1990, to accommodate a maternity leave request, as follows:
Delete: One Senior Stenographer (full -time)
Add One Senior Stenographer (28 hours /week)
Carried Unanimously
11
September 5, 1990
* 15.9 Finance Department - Request for Employee Incentive Award
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the City Controller has recommended Administrative
Secretary Barbara Ruane for an Employee Incentive Award pursuant
to the policy and procedures established by the Budget and
Administration Committee, and
WHEREAS, the City Controller has provided the Budget and
Administration Committee with substantial justification for
granting this Employee Incentive Award, and
WHEREAS, the City Controller's recommendation complies with the
policy and procedures established by the Budget and
Administration Committee; now, therefore, be it
RESOLVED, That Barbara Ruane's salary be increased by eight (8 %)
percent to an annual salary of $25,693, effective August 15,
1990.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Ayes (9) - Booth, Johnson, Cummings, Schroeder, Blanchard,
Daley, Romanowski, Hoffman, Peterson
Nay (1) - Golder
Carried
* 15.10 DPW - Appointment of City Electrician
By Alderperson Booth: Seconded by Alderperson Daley
RESOLVED, That James L. Crandall be provisionally appointed to
the position of City Electrician in the Department of Public
Works, at an annual salary of $21,228, that being Step 4 of the
1990 CSEA Administrative Unit Compensation Plan, effective
September 10, 1990.
Carried Unanimously
* 15.11 DPW - Appointment of Wastewater Treatment Plant Operator
Trainee
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That Derek Overstrom be appointed to the position of
Wastewater Treatment Plant Operator Trainee at the Ithaca Area
Wastewater Treatment Facility at an annual salary of $15,671,
that being Step 4 on the 1990 CSEA Administrative Unit
Compensation Plan, effective September 6, 1990.
Carried Unanimously
* 15.12 DPW - Request to Amend Wastewater Treatment Plant
Equipment List
By Alderperson Booth: Seconded by Alderperson Johnson
RESOLVED, That the authorized equipment list for the Wastewater
Treatment Plant be amended by adding one hydraulic puller at a
cost not to exceed $1,868, and be it further
RESOLVED, That $1,868 be transferred from account J1990
Unrestricted Contingency to account J8150 -225, Other Equipment.
Carried Unanimously
* 15.13 Finance Department - Approval of Ithaca Housin
Authoritv Salaries Comparabilitv to Citv Salaries
By Alderperson Booth: Seconded by Alderperson Johnson
WHEREAS, the Ithaca Housing Authority is mandated by the
Department of Housing and Urban Development, our funding agency,
to demonstrate that the salaries and wages of the employees of
said Housing Authority are comparable with the practices of the
local governing body for all positions of similar responsibility
and required competence, and
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September 5, 1990
WHEREAS, the City of Ithaca authorized a 6% increase for 1990,
including step increases for qualified employees; now, therefore,
be it
RESOLVED, That the Ithaca Housing Authority authorize a 6%
increase for all qualified employees to bring the IHA employees
closer to parity and comparability with City of Ithaca employees,
and be it further
RESOLVED, That the IHA establish the following positions,
comparability and salary ranges for its Public Housing Section
and covered by its Operating Budget:
Position Comparable Position
Executive Director Director of Planning &
(14 years) Development /Controller
Salary
Assistant Director
(14 years)
Principal Account
Clerk (13 years)
Administrative
Secretary (11 years)
Site Manager
(8 years)
Tenant Relations
Asst. (6 mos.)
Account Clerk
Typist (5 years)
Deputy Director Plann-
ing Department (35 hours)
Salary
City of Ithaca CSEA
(40 hours) Salary
City of Ithaca CSEA
(35 hours) Salary
Planner III
(40 hours)
Salary
Salary Range
and Salary
$41,285 - $61,113
$46,750 (oper.)
8,250 (Sec.8)
$55,000
$32,797 - $48,548
$37,132
$16,416- 20,772
$27,979
$17,159 - 21,711
$21,871
$18,872- 23,878
$12,716 (oper.)
12 716(Sec8 /Vou)
$25,433
Administrative Asst. $15,467 - 19,571
(35 hours) Salary $14,850
City of Ithaca CSEA $11,488- 14,537
(35 hours) Salary $13,729
13
Sr. Account Clerk City of Ithaca CSEA
$14,405- 18,226
Typist (New) (40
hours)
$10,533 (Oper.)
(Lateral transfer from
City of Ithaca)
5,671(Sec8)
Salary $16,204
Director of
Recreation Supervisor $18,872 - $23,878
Resident Services
CSEA
(2 years)
(35 hours)
Salary $19,101
Superintendent of
Ithaca School District * *Range not
Maintenance (17 years)
(40 hours)
available
Salary $26,449
Stock Manager
City of Ithaca CSEA ** Range not
(40 hours) available
(5 years)
Salary $20,293
Building Maintenance
Maintainer CSEA
$6.50- $7.60 /hour
Mechanic (13 years)
(40 hours)
IHA $10.55 + O.T.
guaranteed
Salary *$22,740
Building Maintenance
Maintainer CSEA
$6.50 -$7.60 hour
Mechanic (12 years)
IHA $9.99 +O.T.
guaranteed
13
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September 5, 1990
Salary *$21,499
Maintenance Worker City of Ithaca CSEA $5.86 - $6.84 /hour
(9 years) (40 hours) IHA $7.83 +O.T.
guaranteed
Salary *$16,850
Maintenance Worker City of Ithaca CSEA $5.86 - $6.84 /hour
(5 years) (40 hours) IHA $7.31 +O.T.
guaranteed
Salary *$15,732
Maintenance Worker City of Ithaca CSEA $5.86- 6.84 /hour
(4 years) (40 hours) IHA $7.17 + O.T.
guaranteed
Salary *$15,430
Laborer City of Ithaca CSEA $5.49 - $6.43 /hour
(4 years) (40 hours) IHA $6.71 + O.T.
guaranteed
Salary *$14,480
Laborer City of Ithaca CSEA $5.49 - $6.43 /hour
(4 months) (40 hours) IHA $5.99 + O.T.
guaranteed
Salary *$12,926
Laborer (Summer help)
Laborer (Summer help)
Summer Camp Directors/
Counselors
Recreation Assistant
Seasonal $5.00 /hour
$2,600
Seasonal $5.00 /hour
$2,600
Seasonal
SECTION 8 /VOUCHER
$13,000
$6.50 /hour
Section 8 Planner II - CSEA $21,689- 27,444
Administrator (13 years) (40 hours) Salary $28,787
Tenant Selector Administrative Assis- $15,467- $19,571
(2 years)(40 hours) tant - CSEA Salary $17,334
Account Clerk/ City of Ithaca CSEA $131095- $16,570
Typist (2 years) (40 hours) Salary $14,106
Account Clerk/ City of Ithaca CSEA $13,095 - 16,570
(1 year) (40 hours) Salary $13,917
Section 8 Assistant *See Site Manager $18,872 - $23,878
(Pro -rated Salary) Planner III $12,716(sec.8 /vou.)
(40 hours)(8 years) $12,716 (oper.)
Salary $25,433
and be it further
RESOLVED, That a copy of this resolution be forwarded to the
Common Council of the City of Ithaca for their compliance with
Section 3, Article 32(1) of the New York State Housing Law.
* Per U.A.W. Union Contract
** No range available from City of Ithaca Civil Service Office
Carried Unanimously
14
September 5, 1990
Audit
By Alderperson Booth: Seconded by Alderperson Peterson
RESOLVED, That the bills presented, as listed on Audit Abstract
#15/1990 in the total amount of $47,609.67 be approved for
payment.
Carried Unanimously
HUMAN SERVICES COMMITTEE:
(400." * 16.3 1991 Human Services Plan
By Alderperson Johnson: Seconded by Alderperson Daley
WHEREAS, the City wishes to fund human services, providing that
they have met the City's review criteria and the Human Services
Coalition process and provide a service as identified under the
City of Ithaca Human Services Plan; now, therefore, be it
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RESOLVED, That the following areas of human services are
identified as crucial to the provision of a good quality of life
for all Ithacans, and that the City may meet the need for these
services through contracts with specific agencies.
HUMAN SERVICES PLAN - 1991
1. Emergency food, clothing supplies
2. Temporary shelter
3. Child care
4. Skills development and education
5. Transportation - seniors, disabled
6. Housing assistance for low -mod income
7. Assistance to low income for basic needs
8. Youth services
9. Senior citizens services
10. Crisis and dispute resolution
11. Assistance to persons in distress
12. Preventive and supportive health services
13. Health and safety in the work place
14. Job retention - keeping and increasing
paid jobs in Ithaca.
the number of well
Ayes (9) - Booth, Johnson, Daley, Romanowski, Peterson,
Blanchard, Golder, Hoffman, Schroeder
Alderperson Cummings out of room for the vote.
Carried (9 -0)
Human Services Funding Recommendations - Report
Alderperson Johnson reported that 19 agencies submitted
applications for funding for 38 different programs; 8 programs
receiving funding for the first time and the total requests were
up 58 %, for a total of $165,126. The Committee is going to be
recommending to the Mayor, for his budget, $132,072 for Human
Services Funding.
Other Services Funding Recommendations - Report
Alderperson Johnson reported that the Human Services Committee
recommends $80,125, which is below the amount recommended last
year.
* 16.4 Drop -in Children's Center Day Care
By Alderperson Johnson: Seconded by Alderperson Blanchard
WHEREAS, 1990 data indicates that approximately 1692 additional
day care spaces for 0 to 10 year olds are needed but not
available, representing an unmet need of 52% in the Ithaca area,
and
WHEREAS, the City of Ithaca has identified day care as a high
priority issue, and
15
September 5, 1990
WHEREAS, the State of New York has identified a pressing need for
day care for families who are subsidized by Department of Social
Services, and increased the funds for reimbursement of day care
charges at market rates to day care centers who provide services
to DSS supported families, and
WHEREAS, the Drop -in Children's Center (DICC) provides short -term
and emergency child care to high need, low income families, and
WHEREAS, DICC is subsidized by the United Way, the City of
Ithaca, and Tompkins County, and
WHEREAS, the New York State Department of Social Services has
awarded DICC the maximum $40,000 start -up grant in 1987 to help
with program and equipment costs needed to become a licensed day
care center, and
WHEREAS, DICC and the State DSS are exploring possibilities for
raising this figure to the new maximum $100,000 start -up grant
for 1990, (this grant cannot be used to pay rent), and
WHEREAS, the original renovations for Greater Ithaca Activities
Center (GIAC) for DICC licensable day care space were estimated
at $345,500 for a five (5) year period, and
WHEREAS, DICC has been searching for licensable space since 1989
when GIAC determined that there is no space available in the
building, and has located space at 210 -214 Elmira Road in Ithaca
(the old Grand Union site), and
WHEREAS, DICC, with help from the Day Care Council, has located
space for a licensed day care facility of approximately 5,000 sq.
ft., providing an estimated 60 child care slots that will be
divided among regular full -time day care, regular part -time day
care, and drop -in day care. The maximum potential usage is
estimated to be 142.5 children per day, and
WHEREAS, other agencies located at this site include the Special
Children's Center and the BOCES Alternative School there are
several programming options available to DICC. Programming will
include providing day care for children of students who attend
GED, ESL, and ABE classes; care for the BOCES Teens' infants and
toddlers; and an integrated preschool classroom including special
needs children. DICC will continue its commitment to low income
families, Ithaca City residents, and its multi - cultural
population, and
WHEREAS, DICC and the Day Care Council have worked together to
create an operating budget for the proposed licensed center at
the Elmira Road location, (the total estimated annual operating
expenses are $334,990), and
WHEREAS, DICC has requested that the City of Ithaca continue to
subsidize the rent and utilities costs of the center for the
first five (5) years in the new location, and
WHEREAS, the City of Ithaca has passed a resolution to support
day care provided by the Drop -in Children's Center; now,
therefore, be it
RESOLVED, That the Budget and Administration Committee of Common
Council review the proposed budget of the DICC for licensable day
care in the City and make a recommendation of an amount to
subsidize the rent and utilities for the first five (5) years in
the new location at 210 -214 Elmira Road, and be it further
16
September 5, 1990
RESOLVED, That a negotiating committee consisting of a member of
the Budget and Administration and Human Services Committees of
Common Council and the Mayor be established to negotiate in
consultation with the Day Care Council and DICC, a five (5) year
lease agreement between the City of Ithaca and Novarr - Mackesey
for licensable day care space for the Drop -in Children's Center.
Alderperson Johnson gave background information on the
resolution.
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson Romanowski
RESOLVED, That the 8th Whereas Clause be deleted from the
resolution.
Ayes (8) - Hoffman, Romanowski, Booth, Daley, Blanchard,
Golder, Schroeder, Peterson
Nay (1) - Johnson
Alderperson Cummings out of room for the vote.
Carried (8 -1)
Further discussion followed on the floor.
Alderperson Daley suggested that the second Resolved Clause read
as follows: "RESOLVED, That based on the B &A recommendations, a
negotiating committee consisting of ....."
The language offered by Alderperson Daley was accepted by the
Council and therefore added to the resolution.
Further discussion followed on the floor.
Loo� Amending Resolution
By Alderperson Booth: Seconded by Alderperson Hoffman
RESOLVED, That the second Resolved Clause be deleted from the
resolution.
Discussion followed on the floor.
A vote on the amending resolution resulted as follows:
Ayes (7) - Booth, Hoffman, Blanchard, Romanowski, Daley,
Schroeder, Peterson
Nays (3) - Johnson, Cummings, Golder
Carried
Discussion continued on the Main Motion as Amended.
Amending Resolution
By Alderperson Peterson: Seconded by Alderperson Hoffman
RESOLVED, That the first Resolved Clause read as follows:
"Resolved, That the Budget and Administration Committee of Common
Council review the proposed budget request of the DICC for
licensable day care in the City and make a recommendation to the
Common Council."
Discussion followed on the amendment.
A vote on the amending resolution resulted as follows:
Ayes (4) - Peterson, Hoffman, Blanchard, Romanowski
Nays (6) - Johnson, Daley, Golder, Cummings, Booth,
Schroeder
Amendment Fails
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
17
September 5, 1990
The resolution will therefore read as follows:
WHEREAS, 1990 data indicates that approximately 1692 additional
day care spaces for 0 to 10 year olds are needed but not
available, representing an unmet need of 52% in the Ithaca area,
and
WHEREAS, the City of Ithaca has identified day care as a high
priority issue, and
WHEREAS, the State of New York has identified a pressing need for
day care for families who are subsidized by Department of Social
Services, and increased the funds for reimbursement of day care
charges at market rates to day care centers who provide services
to DSS supported families, and
WHEREAS, the Drop -in Children's Center (DICC) provides short -term
and emergency child care to high need, low income families, and
WHEREAS, DICC is subsidized by the United Way, the City of
Ithaca, and Tompkins County, and
WHEREAS, the New York State Department of Social Services has
awarded DICC the maximum $40,000 start -up grant in 1987 to help
with program and equipment costs needed to become a licensed day
care center, and
WHEREAS, DICC and the State DSS are exploring possibilities for
raising this figure to the new maximum $100,000 start -up grant
for 1990, (this grant cannot be used to pay rent), and
WHEREAS, DICC has been searching for licensable space since 1989
when GIAC determined that there is no space available in the
building, and has located space at 210 -214 Elmira Road in Ithaca
(the old Grand Union site), and
WHEREAS, DICC, with help from the Day Care Council, has located
space for a licensed day care facility of approximately 5,000 sq.
ft., providing an estimated 60 child care slots that will be
divided among regular full -time day care, regular part -time day
care, and drop -in day care. The maximum potential usage is
estimated to be 142.5 children per day, and
WHEREAS, other agencies located at this site include the Special
Children's Center and the BOCES Alternative School there are
several programming options available to DICC. Programming will
include providing day care for children of students who attend
GED, ESL, and ABE classes; care for the BOCES Teens' infants and
toddlers; and an integrated preschool classroom including special
needs children. DICC will continue its commitment to low income
families, Ithaca City residents, and its multi - cultural
population, and
WHEREAS, DICC and the Day Care Council have worked together to
create an operating budget for the proposed licensed center at
the Elmira Road location, (the total estimated annual operating
expenses are $334,990), and
WHEREAS, DICC has requested that the City of Ithaca continue to
subsidize the rent and utilities costs of the center for the
first five (5) years in the new location, and
WHEREAS, the City of Ithaca has passed a resolution to support
day care provided by the Drop -in Children's Center; now,
therefore, be it
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September 5, 1990
RESOLVED, That the Budget and Administration Committee of Common
Council review the proposed budget of the DICC for licensable day
care in the City and make a recommendation of an amount to
subsidize the rent and utilities for the first five (5) years in
the new location at 210 -214 Elmira Road.
CHARTER AND ORDINANCE COMMITTEE:
(moo," * 17.1 An Ordinance Amending Chapter 68 Entitled "Noise" of
City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Daley
ORDINANCE NO. 90
AN ORDINANCE AMENDING CHAPTER 68 ENTITLED "NOISE" OF THE
CITY OF ITHACA MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca as follows:
M Chapter 68 entitled "Noise" of the City of Ithaca Municipal
D Code is hereby amended as follows:
CD The current Chapter 68 entitled "Noise" of the City of
Ithaca Municipal Code is hereby deleted in its entirety and
replaced with the following provision.
CHAPTER 68
NOISE
ARTICLE I
GENERAL PROVISIONS
S 68.1 Title
This Chapter shall be known and may be cited as the "City of
Ithaca Noise Ordinance."
S 68.2 Purpose
The purpose of this Chapter is to preserve the public
health, peace, welfare, and good order by suppressing the making,
creation, or maintenance of excessive, unnecessary, unnatural or
unusually loud noises which are prolonged, unusual and unnatural
in their time, place, and use and which are detrimental to the
environment. It is also the purpose of this ordinance to allow
all residents of the City to coexist harmoniously in a manner
which is mutually respectful of the interests, rights and
obligations of all persons.
S 68.3 Definitions
Unless the context otherwise clearly indicates, the words
and phrases used in this Chapter are defined as follows:
(400.1 1. "Emergency work" shall mean work made necessary to
restore property to a safe condition following a public calamity,
or work necessary to protect persons or property from an imminent
exposure to danger.
2. "Motor Vehicles" shall include, but not be limited to,
automobiles, trucks, buses, mopeds, minibikes, and any other
vehicle as defined by the Vehicle and Traffic Law of the State of
New York as it may be amended from time to time.
19
September 5, 1990
3. "Sound- Amplifying Equipment" shall mean any machine or
device for the amplification of the human voice, instrumental
music, or any other sound. Sound - amplifying equipment shall not
include standard automobile radios or tape recorders when used
and heard only by the occupants of the vehicle in which such
automobile radio or tape recorder is installed. As used in this
Chapter, sound - amplifying equipment shall not include warning
devices on authorized emergency vehicles or horns or other
warning devices on any vehicle used only for traffic safety
purposes, or authorized fire horns or other authorized emergency
alarms.
4. "Impulsive sound" - a sound of short duration, usually
less than one (1) second, and of high intensity, with an abrupt
onset and rapid decay.
5. "Person" includes the singular and plural and also:
any individual; any property owner and /or lessee; any firm;
corporation; political subdivision; government agency, including
any agency of the City of Ithaca; association or organization;
including but not limited to officers, directors, employees,
agents and /or independent contractors thereof; or any legal
entity whatsoever.
6. "Daytime hours" shall mean the hours between seven -
thirty a.m. and ten p.m. local time on any day.
7. "Nighttime hours" shall mean the hours between ten p.m.
local time on any day and seven - thirty a.m. on the following day.
8. "Noise" shall mean a level of sound that is injurious,
or annoying or disturbing to be-heard.
S 68.4 General Standard
A. No person shall intentionally cause public
inconvenience, annoyance or alarm, or recklessly create a risk
thereof, by making unreasonable noise or by causing unreasonable
noise to be made.
B. For the purpose of implementing and enforcing the
standard set forth in subdivision A of this section, unreasonable
noise shall mean any sound created or caused to be created by any
person which either annoys, disturbs, injures or endangers the
comfort, repose, health, peace or safety of the public or which
causes injury to animal life or damages to property or business.
Factors to be considered in determining whether unreasonable
noise exists in a given situation include, but are not limited
to, any or all of the following:
(i) the intensity of the noise.
(ii) whether the nature of the noise is usual or unusual.
whether the origin of the noise is associated with
nature or man -made activity.
(iv) the intensity of the background noise, if any.
(v) the proximity of the noise to sleeping facilities.
(vi) the nature and the zoning district of the area within
which the noise emanates and of the area within 500
feet of the source of the sound.
(vii) the time of the day or night the noise occurs.
(viii) the time duration of the noise.
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September 5, 1990
(ix) whether the sound source is temporary.
(x) whether the noise is continuous or impulsive.
(xi) the volume of the noise.
(xii) the existence of complaints concerning the noise from
persons living or working in different places or
premises who are affected by the noise.
C. This section shall not be interpreted to prevent the
issuance of permits pursuant to Section 68.30 of this ordinance
that will authorize particular sound sources.
ARTICLE II
SPECIAL NOISE SOURCES
S 68.21 Purpose of Article
The provisions of this Article II complement and supplement
the other provisions of this ordinance and shall be interpreted
and applied in accordance with and in addition to, and not in
lieu of, those other provisions. The provisions of this article
shall not be interpreted to prevent the issuance of permits
pursuant to Section 68.30 that will authorize particular sound
sources.
A. It shall be unlawful for any person in charge of a party
or other social event that occurs on any private or public
property to allow that party or event to produce noise in a loud,
annoying or offensive manner such that noise from the party
interferes with the comfort, repose, health or safety of members
of the public within any building or, outside of a building, at a
distance of twenty -five (25) feet or more from the source of such
sound.
B. For the purposes of this section a "person in charge of
(4w" a party or other social event ":
1) that occurs on any public property shall include
the person or persons who obtained permission to
utilize that property for that event;
2) that occurs on private property shall include the
person who owns the premises involved and any
adult person who lives in or on the premises
involved in such party or social event;
21
S 68.22 Radios, television sets, and similar sound amplifying
equipment.
It shall be unlawful for any person anywhere in the City to
use or to operate any radio or receiving set, musical
instrument, phonograph, television set, any other machine or
device for the producing or reproducing of sound, or any other
sound amplifying equipment in a loud, annoying or offensive
manner such that noise from the device interferes with the
comfort, repose, health, or safety of members of the public
within any building or, outside of a building, at a distance of
twenty -five (25) feet or more from the source of such sound; or
interferes with the conversation of members of the public who are
t•ienty -five (25) feet or more from the source of such sound.
S 68.23 Parties and Other Social Events
A. It shall be unlawful for any person in charge of a party
or other social event that occurs on any private or public
property to allow that party or event to produce noise in a loud,
annoying or offensive manner such that noise from the party
interferes with the comfort, repose, health or safety of members
of the public within any building or, outside of a building, at a
distance of twenty -five (25) feet or more from the source of such
sound.
B. For the purposes of this section a "person in charge of
(4w" a party or other social event ":
1) that occurs on any public property shall include
the person or persons who obtained permission to
utilize that property for that event;
2) that occurs on private property shall include the
person who owns the premises involved and any
adult person who lives in or on the premises
involved in such party or social event;
21
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September 5, 1990
3) shall include the person who is listed on a permit
granted pursuant to Article III of this Ordinance
with respect to such event.
S 68.24 Hawkers and peddlers
It shall be unlawful for any person to advertise, promote or
sell anything by outcry within any area of the City zoned for
residential uses. The provisions of this Section shall not be
construed to prohibit the selling by outcry of merchandise, food,
and beverages at licensed sporting events, parades, fairs,
circuses, and other similar licensed public entertainment events.
S 68.25 Machinery, motor vehicles, equipment, fans and air
conditioning and commercial and industrial activities
It shall be unlawful for any person to operate or repair any
machinery, motor vehicles, construction equipment, or other
equipment, pump, fan, air - conditioning apparatus, or similar
mechanical device or to engage in any commercial or industrial
activity in any manner so as to create unreasonable noise as
defined in Section 68.4 of this Ordinance. In making such
determination with respect to the matters governed by this
subdivision, additional factors to be considered shall include:
A. The necessity of the work being done;
B. The ability of the creator of the noise to minimize or
reduce the amount of noise created or to otherwise minimize
its adverse effects.
S 68.26 Construction during nighttime hours
A. Except for the purposes specified in subdivision B,
during nighttime hours it shall be unlawful for any person within
a residential zone, or within five hundred (500) feet of a
residential zone, to operate construction equipment (including
but not limited to any pile driver, steam shovel, pneumatic
hammer, derrick, or steam or electric hoist) or perform any
outside construction or repair work so as to create noise. Any
designated official of the City of Ithaca shall give a verbal
warning that the violation exists and the penalties that may
result if the violation continues.
B. This section shall not be deemed to prohibit:
1. Work of an emergency nature;
2. Work of a domestic nature on buildings,
structures, or projects being undertaken by a
person(s) residing in such premises. Provided, if
any domestic power tool, including but not
limited to mechanically powered saws, sanders,
grinders, and lawn and garden tools used outdoors,
is operated during the nighttime hours, no person
shall operate such machinery so as to cause noise
within a residential building or across a
residential real property boundary, where such
noise interferes with the comfort, repose, health
or safety of members of the public within any
building or, outside of a building, at twenty -five
(25) feet or more from the source of the sound.
S 68.27 This Article shall be applied in addition to Section
68.4
22
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0
195
September 5, 1990
S 68.28 Additional regulations
It shall be unlawful for any person to make or continue, or
cause to be made or continued, any loud, unnecessary or unusual
noise or sound that shall continue for more than three cumulative
minutes in any sixty- minute period and which shall exceed the
permitted noise levels specified in this ordinance. Any
designated official of the City of Ithaca may issue a verbal
warning that the violation exists and the penalties that may
ensue.
S 68.29 Horns and Alarms
This ordinance shall not apply to fire horns or other alarms
authorized by the Fire Department or Police Department and
operated in accord with that authorization.
ARTICLE III
CO OTHER PROVISIONS
M
S 68.30 Permit Procedures for Certain Activities
m A. Where a sound source is planned, installed or intended
Q to be installed or modified by any person in a manner that such
source will create or is likely to create unreasonable noise or
otherwise fail to comply with the provisions of this ordinance,
such person must secure a permit pursuant to this section.
B. Where any person uses or plans to use any sound
amplifying equipment in such a way that such equipment is or will
be heard outside of any building between 9:00 p.m. of any day and
7:30 a.m. the next day, such person must secure a permit under
this section.
C. Where any person uses or plans to use a public address
system that will make sound outside of a building, such person
must secure a permit under this section.
D. The application for the permit shall provide the
following information:
1. the reasons for such usage, including a demonstration
why it is desirable or necessary that the sound source
involved be authorized by a permit pursuant to this
section;
2. plans and specifications of the use;
3. noise abatement and control methods to be used with
respect to the sound source involved;
4. the period of time during which the permit shall apply;
5. the name of the person(s) who is responsible for
insuring that the activity complies with any permit
issued for it pursuant to this section.
6. when the activity for which the permit is being sought
is not a community -wide or public event, that
notification of the application for the permit has been
given to each person reasonably expected to be affected
by the noise, the content of such notification and the
manner in which such notification has been given. The
notification shall state to whom the application is
23
September 5, 1990
being made and that any person objecting to the
granting of such permit may contact the individual to
whom the application is being made to express their
opposition to the granting of the permit.
7. that a copy of the application for the permit has been
provided to the Chief of Police.
E. The application shall be made: to the Superintendent
of Public Works in connection with construction work on public
rights -of -way or in parks; to the Building Commissioner for all
other construction projects; and to the Mayor for any other
events. The issuance of permits shall be discretionary and shall
be issued only where the responsible official determines that
such permit is reasonable and necessary and will allow an
activity that is consistent with the general purposes of this
ordinance, as stated in section 68.2. Provided, no permit shall
be issued pursuant to this section for any sound source that will
operate between 12:00 midnight and 8:00 a.m. of any day. Any
permit granted shall state that the permit only applies to this
ordinance; that Section 240.20(2) of the Penal Law of the State
of New York, Disorderly Conduct, provides that "a person is
guilty of Disorderly Conduct when, with intent to cause public
inconvenience, annoyance or alarm, or recklessly creating a risk
thereof:... He makes unreasonable noise."
F. In order to further the purposes of this ordinance and
to facilitate its implementation and enforcement, the
Superintendent of Public Works, the Building Commissioner, and
the Mayor shall have authority to impose such conditions as they
determine are reasonable and necessary on permits they issue
pursuant to this section. Such conditions may govern factors
which include, but are not limited to, the time and location the
involved sound source may be utilized.
G. The Superintendent of Public Works, the Building
Commissioner, and the Mayor shall provide the Chief of Police
with a copy of any permit issued pursuant to this section.
S 68.31 Penalty
Any person who shall violate. any provision of this Chapter
shall be punishable as provided in S 1.10 of this Code, which
reads as follows:
"Unless otherwise specifically provided, the violation of any
ordinance, rule or regulation or any specific provision or
provisions thereof adopted by the Common Council as a part of
this Code shall be deemed a violation against such ordinance,
rule, regulation, or provision thereof punishable by a fine not
to exceed Two Hundred Fifty Dollars ($250.00) or imprisonment of
not more than fifteen (15) days, or both such fine and
imprisonment; provided, however, that for the purpose of
conferring jurisdiction upon courts and judicial officers,
generally, such violation shall be deemed misdemeanors and for
such purpose only all provisions of law relating to misdemeanors
shall apply to such violations."
S 68.32 Severabilit
If any provision of this ordinance or the application
thereof to any person or circumstance is adjudged invalid by a
court of competent jurisdiction, such judgment shall not affect
or impair the validity of the other provisions of the ordinance
or the application thereof to other persons and circumstances.
24
9 ,li
September 5, 1990
EFFECTIVE DATE:
This Ordinance shall take effect immediately or upon
publication of a notice as provided in Section 3.11(B) of the
Ithaca City Charter. (Effective date September 13, 1990 -
Publication Date)
Alderperson Peterson gave background on the Ordinance and
(400" discussion followed on the floor.
Police Chief McEwen spoke to the Council of the work that has
gone into the revision of the Noise Ordinance. He stated that
there is a new permit process so that the Building Commissioner,
the Superintendent of Public Works and the Mayor have one form
and it is very clear as to the procedure for the permit.
Ayes (3) - Hoffman, Peterson, Golder
Nays (7) - Booth, Johnson, Daley, Blanchard,
Romanowski, Schroeder, Cummings
Motion Fails
Main Motion
A vote on the Main Motion with the changes as noted resulted as
follows:
Carried Unanimously
*
17.2a Environmental Review of Chapter 36 Entitled
'Environmental Quality Review - Determination of Non - Significance
(SEAF & LEAF)
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the matter of amending Chapter 36 entitled
"Environmental Quality Review, City of Ithaca Municipal Code" is
currently being considered by the Common Council, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a short environmental assessment
form (SEAF) and long environmental assessment form (LEAF), and
WHEREAS, it appears that the proposed action is an unlisted
action under the State Environmental Quality Review Act (SEQR),
including the part 617 regulations thereunder and is an unlisted
action under the current and proposed City Environmental Quality
Review Act (CEQR), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, does adopt as its own the findings and conclusions as set
forth on the SEAF and LEAF forms dated July 27, 1990, and be it
further
25
Alderperson Peterson referred to Section 68.30,
paragraph E and
requested that in the fourth line from the
bottom of the
"a
co
paragraph there be quotation marks (") as follows: person is
guilty of Disorderly Conduct when, with intent
to cause public
inconvenience, annoyance or alarm, or recklessly
creating a risk
thereof.... He makes unreasonable noise."
M
Q
Amending Resolution
By Alderperson Hoffman: Seconded by Alderperson
Peterson
RESOLVED, That in Section 68.3, Number 6 and
Number 7, the
"Daytime Hours" shall mean the hours eight a.m.,
instead of
seven - thirty a.m.
Ayes (3) - Hoffman, Peterson, Golder
Nays (7) - Booth, Johnson, Daley, Blanchard,
Romanowski, Schroeder, Cummings
Motion Fails
Main Motion
A vote on the Main Motion with the changes as noted resulted as
follows:
Carried Unanimously
*
17.2a Environmental Review of Chapter 36 Entitled
'Environmental Quality Review - Determination of Non - Significance
(SEAF & LEAF)
By Alderperson Peterson: Seconded by Alderperson Schroeder
WHEREAS, the matter of amending Chapter 36 entitled
"Environmental Quality Review, City of Ithaca Municipal Code" is
currently being considered by the Common Council, and
WHEREAS, appropriate environmental review has been conducted
including the preparation of a short environmental assessment
form (SEAF) and long environmental assessment form (LEAF), and
WHEREAS, it appears that the proposed action is an unlisted
action under the State Environmental Quality Review Act (SEQR),
including the part 617 regulations thereunder and is an unlisted
action under the current and proposed City Environmental Quality
Review Act (CEQR), and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this
matter, does adopt as its own the findings and conclusions as set
forth on the SEAF and LEAF forms dated July 27, 1990, and be it
further
25
September 5, 1990
RESOLVED, That this Common Council as lead agency determines that
the proposed action will not have a significant effect on the
environment and that further environmental review is unnecessary
under the circumstances, and be it further
RESOLVED, That this declaration shall constitute notice of this
negative declaration and the City Clerk is directed to file a
copy of the same, together with the attachments, in the City
Clerk's office and forward the same to any other parties as
required by law.
Carried Unanimously
* 17.2b An Ordinance Amending Chapter 36 Entitled 'Environmental
Quality Review' of the City of Ithaca Municipal Code
By Alderperson Peterson: Seconded by Alderperson Hoffman
WHEREAS, Common Council of the City of Ithaca wishes to
incorporate, in an orderly fashion, environmental factors into
the existing planning and decision - making processes of the City,
and
WHEREAS, Common Council of the City of Ithaca wishes to integrate
the City Environmental Quality Review Ordinance with the State
Environmental Quality Review Ordinance, and
WHEREAS, Common Council, as lead agency, has determined the
adoption of this ordinance will not have a significant effect on
the environment; now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca as follows:
ORDINANCE NO. 90
AN ORDINANCE AMENDING CHAPTER 36 ENTITLED "ENVIRONMENTAL
QUALITY REVIEW" OF THE CITY OF ITHACA MUNICIPAL CODE.
Section 1, Chapter 36 entitled "Environmental Quality
Review" of the City of Ithaca Municipal Code is hereby amended
as follows:
The current Chapter 36 entitled "Environmental Quality
Review" of the City of Ithaca Municipal Code is hereby deleted in
its entirety and replaced with the.provision as passed in concept
by Common Council on July 11, 1990.
Section 2. This ordinance shall take effect immediately.
City Attorney Guttman referred to a letter from the NYS DEC,
dated August 21, 1990 and signed by Charles E. Lockrow, Senior
Environmental Analyst. The context of the letter is as follows:
"This is in response to your July 2, 1990 transmittal of a
proposed amended version of Ithaca's Environmental Quality Review
Act.
I have reviewed the document and would like to offer the
following comments:
1. In Section 36.2(P)(1), your agency adds interpretive language
to Article 8 -00117 (Sec-11). I would suggest that you reconfirm
the appropriateness of your interpretation by comparing it to the
enclosed copy of Article 8 of Environmental Conservation Law.
2. In Section 36.2(X), your agency attempts to create a
jurisdiction by fiat. I have enclosed the Court of Appeals
decision in Pius v. Bletsch that explains when a building permit
26
0
99
September 5, 1990
is not a ministerial act. Also enclosed is a synopsis of the
Filmways v. Douglas case where most building permits are
established as ministerial and, therefore, exempt actions under
SEQR.
3. Section 36.5(b). In the first line, I would suggest
replacing the word "long" with the word "full." In subsection
(c) , second line, I suggest adding "at a minimum" between the
(Moo., words "must" and "be used to determine..."
4. In Section 36.6(a) dealing with the Common Council's general
responsibility for implementation of CEQR, there is no
recognition of involved agencies outside of the Council's
authority. Many whole actions may involve non -City agency
jurisdictions.
5. In Section 36.6(f), the Common Council may only use this
provision for intra -city disputes. There should be a caveat
remanding the dispute to the Commissioner of DEC for disputes
co
co involving agencies outside of the City.
D 6. In Section 36.6(i)(1)(iv), it should more clearly state that
(o the comment period commences with the "ENB" notice and that an
,Q agency's own public notice is in addition to and cannot be
substituted for the "ENB" notice.
7. Section 36.6(i)(3) should add "in lieu of issuing a CND"
8. Section 36.6(j) should also allow for discovery of other
impacts.
9. Further in Section 36.6(j) the last paragraph may become
(400", burdensome in that it would give the appearance that the City is
endorsing the work of the listed consultants.
10. In Section 36.8(d)(3), should add "the close" between "...day
following" and "of a public hearing..." in the instance when a
hearing is continued.
If I can be of any further assistance or clarify any of my
comments, please contact me at (518) 457 - 2224."
City Attorney Guttman suggested that items 3, 6, 7, and 10 be
incorporated into the document as recommended by NYS DEC as they
were minor wording clarifications. Other than these minor
changes he suggested that no other changes be made.
Resolution
By Alderperson Booth: Seconded by Alderperson Schroeder
RESOLVED, That the above mentioned items ( #3, 6, 7, and 10) shall
be incorporated into the Environmental Quality Review of the City
of Ithaca Municipal Code.
Carried Unanimously
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
(40W,Carried Unanimously
The CEQR document is as follows:
Section 36.1 AUTHORITY, INTENT AND PURPOSE
(a) This ordinance, the City Environmental Quality Review
Ordinance (CEQR), is adopted pursuant to section 8 -0113 of the
Environmental Conservation Law to implement the provisions of the
State Environmental Quality Review Act (SEQR).
(b) In adopting SEQR it was the State Legislature's
intention that all agencies conduct their affairs with an
awareness that they are stewards of the air, water, land, and
living resources,
environment for
generations.
NK
September 5, 1990
and that they have an obligation to protect the
the use and enjoyment of this and all future
(c) The basic purpose of SEQR and CEQR is to incorporate
the consideration of environmental factors into the existing
planning, review and decision - making processes of State, regional
and local government agencies at the earliest possible time. To
accomplish this goal, SEQR and CEQR require that all agencies
determine whether the actions they directly undertake, fund, or
approve may have a significant effect on the environment, and if
it is determined that the action may have a significant effect,
prepare or request an environmental impact statement.
(d) It was the intention of the Legislature and is the
intention of the Ithaca City Common Council that the protection
and enhancement of the environment, and human and community
resources, should be given appropriate weight with social and
economic considerations in determining public policy, and that
those factors be considered together in reaching decisions on
proposed activities. Accordingly, it is the intention of this
ordinance that a suitable balance of social, economic, and
environmental factors be incorporated into the planning and
decision - making processes of State, regional and local agencies.
It is not the intention of SEQR or CEQR that environmental
factors be the sole consideration in decision - making.
(e) This ordinance is intended to provide a Citywide
regulatory framework for the implementation of CEQR by all local
agencies. It includes:
(1) procedural requirements for compliance with the law;
(2) provisions for coordinating multiple agency
environmental reviews through a single lead agency
(section 36.6 of this ordinance);
(3) criteria to determine whether a proposed action may
have a significant effect on the environment (section
36.11 of this ordinance);
(4) model assessment forms.to aid in determining whether an
action may have a significant effect on the environment
(Appendices A, B and C of section 36.20 of this
ordinance); and
(5) examples of actions and classes of actions which are
likely to require an EIS (section 36.12 of this
ordinance), and those which will not require an EIS
(section 36.13 of this ordinance).
36.2 DEFINITIONS
As used in this ordinance, unless the context otherwise
requires:
(a) "Act" means Article 8 of the Environmental
Conservation Law (SEAR).
(b) "Actions" include:
(1) projects or physical activities such as
construction or other activities that may affect the environment
by changing the use, appearance, or condition of any natural
resource or structure, that:
(i) are directly undertaken by an agency;
or
101
29
(ii) involve funding by an agency, including
but not limited to funding activities such as
proposal, approval, or disapproval of:
contracts, grants, subsidies, loans, tax
abatements or exemptions, or other forms of
direct and indirect financial assistance; or
(iii) require one or more new or modified
approvals from an agency or agencies such as
(400.- the proposal, approval, or disapproval of a
lease, permit, license, certificate or other
entitlement for use or permission to act;
(2) agency planning and policy making activities that may
affect the environment and commit the City to a definite course
of future decisions;
(3) adoption of agency rules, regulations and procedures,
W including local laws, codes, ordinances, executive orders and
resolutions that may affect the environment; and
(4) any combinations of the above.
ED
(c) "Agency" means the Common Council and any City
department, agency, board, public benefit corporation, public
authority or commission. The terms "agency" and "City agency"
are used interchangeably in this ordinance.
(d) "Applicant" means any person making an application or
other request to an agency to provide funding or to grant an
approval in connection with a proposed action.
(e) "Approval" means a discretionary decision by an agency
to issue a permit, certificate, license, lease, or other
entitlement or to otherwise authorize a proposed project or
activity.
(f) "City" means the municipal government of the City of
Ithaca.
(g) "Commissioner" means the commissioner of the New York
State Department of Environmental Conservation.
(h) "Conditioned negative declaration" (CND) means a
negative declaration issued by a lead agency for an Unlisted
action involving an applicant, in which the action as initially
proposed may result in one or more significant adverse
environmental effects; however, mitigation measures identified
and required by the lead agency, pursuant to the procedures in
Section 36.6(i), will modify the proposed action so that no
significant adverse environmental impacts will result.
(i) "Critical environmental area" (CEA) means a specific
geographic area designated by a state or local agency, having
exceptional or unique characteristics that make the area
environmentally important. (See Section 36.4 of this ordinance).
(Va� Any Unlisted action located in a CEA must be treated as a Type I
action by any involved agency.
(j) "DEC" or "Department" means the New York State
Department of Environmental Conservation.
(k) "Direct action" or "directly undertaken action" means
an action planned and proposed for implementation by an agency.
"Direct actions" include but are not limited to capital projects,
promulgation of agency rules, regulations, laws, codes,
ordinances or executive orders and policy making which commits an
agency to a course of action.
"I (:) "?
30
(1) "Environment" means the physical and socio- economic
conditions which will be affected by a proposed action,
including land, air, water, minerals, flora, fauna, noise,
resources of agricultural, archaeological, historic or aesthetic
significance, existing patterns of population concentration,
distribution or growth, existing community or neighborhood
character, and human health.
(m) "Environmental assessment form" (EAF) means a form
used by an agency to assist it in determining the environmental
significance or non - significance of an action. A properly
completed EAF shall contain enough information to describe the
proposed action, its location, its purpose and its potential
impacts on the environment. The model full and short EAF's
contained in Appendices A and C of section 36.20 of this
ordinance may be modified by Common Council to better serve it in
implementing CEQR, provided the scope of the modified form is as
comprehensive as the model.
(n) "Environmental impact statement" (EIS) means a written
document prepared in accordance with sections 36.8 and 36.14 of
this Ordinance. An EIS may either be a "draft" or a "final ". A
draft EIS is the initial statement prepared by either the
applicant or the lead agency and circulated for review and
comment. The lead agency is responsible for the preparation of
the final EIS. An EIS may also be "generic" in accordance with
section 36.15 of this ordinance. An EIS may be a federal draft
and final EIS in accordance with section 36.16 of this ordinance.
(o) "Environmental notice bulletin" (ENB) means the weekly
publication of the Department published pursuant to Section 3-
0306 of the Environmental Conservation Law.
(p) "Excluded action" means an action to which the
requirements of this ordinance do not apply. Excluded actions
are:
(1) an action undertaken, funded or approved prior
to the effective dates set forth in SEQR (see
Chapters 228 of the laws of 1976, 252 of the laws
of 1977 and 460 of the laws of 1978), except:
as provided in the June 1, 1987 version of 6 NYCRR
Section 617.2 (p)(1); an action shall be deemed to
be undertaken or approved prior to such date(s)
if, in the case of construction activities a
contract for substantial construction activities
has been entered into or if a continuous program
of on -site construction or modifications has been
engaged in or if, in the case of an action
involving federal participation, either a Draft
EIS or a negative declaration has been duly
prepared under the National Environmental Policy
Act of 1969; and
(2) an action requiring a certificate of environmental
compatibility and public need under Article VII or
VIII of the Public Service Law, and the considera-
tion of, granting or denying of any such certifi-
cate.
(q) "Exempt action" means any one of the following:
(1) civil or criminal enforcement proceedings, whether
administrative or judicial, including a particular
course of action specifically required to be undertaken
pursuant to a judgment or order, or the exercise of
prosecutorial discretion;
(2) official acts of a ministerial nature, involving
no exercise of discretion;
103
31
(3) maintenance or repair involving no substantial
changes in an existing structure or facility;
(4) emergency actions which are immediately necessary
on a limited and temporary basis for the protection or
preservation of life, health, property or natural
resources, provided that such actions are directly
related to the emergency and are performed to cause the
least change or disturbance, practicable under the
circumstances, to the environment. Any decision to
fund, approve or directly undertake other activities
after the emergency has expired is fully subject to the
review procedures of this ordinance; and
(5) actions of the Legislature of the State of New
York or of any court. Actions of Common Council are
not exempt.
(r) "Findings statement" means a written statement
co prepared by an involved agency, in accordance with Section 36.9
M of this ordinance, after a Final EIS has been filed, that
D certifies that the CEQR requirements have been met and provides
(o written support for the agency decision.
Q (s) "Funding" means any financial support given by an
agency, including contracts, grants, subsidies, loans or other
forms of direct or indirect financial assistance in connection
with a proposed action.
(t) "Industrial facility" means those facilities that are
intended for:
a. Manufacturing use(s) as defined and listed in
the Standard Industrial Classification
Manual, Executive Office of the President,
Office of Management and Budget.
b. Warehousing and distribution uses.
(u) "Interested agency" means an agency that lacks the
jurisdiction to fund, approve, or directly undertake an action
but wishes to participate in the review process because of its
specific expertise or concern about the proposed action. An
"interested agency" has the same ability to participate in the
review process as a member of the public.
(v) "Involved agency" means an agency that has
jurisdiction by law to fund, approve or directly undertake an
action. If an agency will ultimately make a discretionary
decision to fund, approve, or undertake an action, then it is an
"involved agency ", notwithstanding that it has not received an
application for funding or approval at the time the CEQR process
is commenced. The lead agency is also an "involved agency ".
(w) "Lead agency" means an involved agency principally
responsible for carrying out, funding, or approving an action,
(Woel and therefore responsible for determining whether an
environmental impact statement is required in connection with the
action, and for the preparation and filing of the statement if
one is required.
(x) "Ministerial act" means an action performed upon a
given statement of facts in a prescribed manner imposed by law
without the exercise of any judgment or discretion as to the
propriety of the action, such as the grant of a driver's
license, although such law may require, in some degree, a
construction of its language or intent. Provided that,
"ministerial act" shall not include the issuance of any building
permit or any other permit or approval that allows any land
alteration, new construction, or significant expansion of any
32
existing structure or facility for any project occurring wholly
or partially within 100 feet of any special resource area listed
in Subparagraph xii paragraph 1, Subdivision b of Section 36.12
of this Chapter, or within 100 feet of any Critical Environmental
Area.
(y) "Negative declaration" means a written determination by
a lead agency that the implementation of the action as proposed
will not result in any significant environmental effects.
Negative declarations must be prepared and filed in accordance
with sections 36.6(h) and 36.10(a) of this ordinance.
(z) "Permit" means a permit, license, lease,
certificate, or other entitlement for use or permission to act
that may be granted or given by an agency.
(aa) "Person" means any agency, individual, corporation,
governmental entity, partnership, association, trustee, or other
legal entity.
(bb) "Physical alteration" includes but is not limited to
the following activities: vegetation removal, demolition,
stockpiling materials, grading and other forms of earth work,
dumping, filling or depositing, discharges to air or water,
excavation or trenching, application of pesticides, herbicides,
or other chemicals, application of sewage sludge, dredging,
flooding, draining or de- watering, paving, construction of
buildings, structures or facilities, and extraction, injection,
or recharge of resources below ground.
(cc) "Positive declaration" means a written statement
prepared by the lead agency indicating that implementation of the
action as proposed may have a significant effect on the
environment and that an environmental impact statement will be
required. Positive declarations must be prepared and filed in
accordance with section 36.10(b) of this ordinance.
(dd) "Project sponsor" means any applicant or agency
primarily responsible for undertaking an action.
(ee) "Residential" means any facility used for permanent
or seasonal habitation, including but not limited to: realty
subdivisions, apartments, mobile home parks, and campsites
offering any utility hookups for recreational vehicles.
(ff) "Scoping" means the process by which the lead agency
identifies the significant issues related to the proposed action
which are to be addressed in the Draft EIS including, where
possible, the content and level of detail of the analysis, the
range of alternatives, the mitigation measures needed to minimize
or eliminate adverse impacts, and the identification of non -
relevant issues. Scoping is intended to promote the efficiency
of the lead agency's review of the Draft EIS, to provide an
applicant with guidance on matters which must be considered, and
to provide an opportunity for early involved agency and public
awareness of the proposal.
(gg) "Segmentation" means the division of the
environmental review of an action such that various activities or
stages are addressed under this ordinance as though they were
independent, unrelated activities, needing individual
determinations of significance.
(hh) "State agency" means any State department, agency,
board, public benefit corporation, public authority or
commission.
(ii) "Type I action" means an action or class of actions
listed in section 36.12 of this ordinance , or in any involved
agency's procedures.
105
33
(j j) "Type II action" means an action or class of actions
which is listed in Section 36.13 of this ordinance.
(kk) "Unlisted action" shall mean all actions not excluded
or exempt, nor listed as a Type I or Type II action in this
ordinance. Unlisted actions are subject to the procedures of
this ordinance.
36.3 GENERAL RULES.
(a) No agency involved in an action shall carry out, fund
or approve the action until it has complied with the provisions
of CEQR. No physical alteration related to an action shall be
commenced by a project sponsor until the provisions of CEQR have
been complied with, except as provided under sections 36.3(c) or
36.13(b)(21) of this ordinance. No agency shall issue a
decision on an action that it knows any other involved agency has
determined may have a significant effect on the environment
(� until a final EIS and findings statement have been filed, except
as provided under section 36.8(e)(1) of this ordinance or section
---� 617.8 (e) (1) of 6 NYCRR Part 617.
m (b) CEQR does not change the existing jurisdiction of
Q agencies. CEQR provides all involved agencies with the authority,
following the filing of a final EIS and written findings
statement, or pursuant to section 36.6(h) of this ordinance to
impose substantive conditions upon an action to ensure that the
requirements of this ordinance have been satisfied. The
conditions imposed must be practicable and reasonably related to
impacts identified in the EIS or the conditioned negative
declaration.
(c) Nothing in this ordinance shall prevent an agency or
an applicant from:
(1) conducting concurrent environmental,
engineering, economic, feasibility and other studies and
preliminary planning and budgetary processes necessary to the
formulation of a proposal for action, provided those activities
do not commit the agency to commence, engage in or approve such
action; or
• (2) engaging in review of any part of an application
to determine compliance with technical requirements, provided
that no such determination shall entitle or permit the applicant
to commence the action unless and until all requirements of this
ordinance have been fulfilled.
(d) Common Council need not apply CEQR to its legislative
decision process if Common Council determines that the action
will not be entertained.
(e) An agency may waive the requirements for an EAF if a
draft EIS is prepared or submitted.
(f) An application for agency funding or approval of a
Type I or Unlisted action shall not be complete until:
(1) a negative declaration has been filed; or
(2) until a draft EIS has been accepted by the lead
agency as satisfactory with respect to scope, content, and
adequacy. Commencing upon such acceptance, the CEQR process
shall run concurrently with other procedures relating to the
review and approval of the action, if reasonable time is provided
for preparation, review, and public hearings with respect to the
draft EIS.
34
(g) The lead agency shall make every reasonable effort to
involve applicants, other agencies, and the public in the CEQR
process. Early consultations initiated by agencies can serve to
narrow issues of significance and to identify areas of
controversy relating to environmental issues, thereby focusing
the issues requiring in -depth analysis in an EIS.
(h) The effect of an applicant or agency exercising due
diligence in identifying all other agencies having funding or
approval authority over the action, and of the agency or
applicant providing written notice of the agency's determination
of environmental significance to such other involved agencies,
shall be that unless an involved agency formally objects to the
establishment of lead agency pursuant to section 36.6(e) of this
ordinance, no other involved agency may later require the
preparation of an EIS in connection with the action.
(i) Each agency involved in a proposed action has the
responsibility to provide the lead agency with information it may
have which may assist the lead agency in making its determination
of significance, to identify issues in the scoping process, to
comment in a timely manner on the EIS if it has concerns which
need to be addressed and to participate as may be needed in any
public hearing. Other agencies interested in a proposed action
are strongly encouraged to make known their views on the action,
particularly with respect to their areas of expertise and
jurisdiction.
(j) No CEQR determination of significance, EIS or findings
statement is required for actions which are Type II, Excluded or
Exempt from CEQR.
(k) Actions commonly consist of a set of activities or
steps (e.g. for capital projects the activities may include
planning, design, contracting, demolition, construction and
operation). The entire set of activities or steps shall be
considered the action, whether the agency decision - making relates
to the action as a whole or only a part of it.
(1) Considering only a part or segment of an action is
contrary to the intent of CEQR. If a lead agency believes that
circumstances warrant a segmented review, it must clearly state
in its determination of significance and any subsequent EIS the
supporting reasons and must demonstrate that such review is
clearly no less protective of the environment. Related actions
should be identified and discussed to the fullest extent
possible.
(2) If it is determined that an EIS is necessary,
only one Draft and one Final EIS need be prepared on the action
if the statement addresses each part of the action at a level of
detail sufficient for an adequate analysis of. environmental
effects. Except for a supplement to a generic environmental
impact statement (see section 36.15 of this ordinance), a
supplement to a Draft or Final EIS will only be required in the
circumstances prescribed in Section 36.8(g) of this ordinance.
(1) Agencies shall carry out the terms and requirements
of this ordinance with minimum procedural and administrative
delay, shall avoid unnecessary duplication of reporting and
review requirements by providing, where feasible, for combined or
consolidated proceedings, and shall expedite all CEQR proceedings
in the interest of prompt review.
(m) Time periods in this ordinance may be extended by
mutual agreement between an applicant and the lead,agency, with
notice to all other involved agencies by the lead agency.
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(n) The City of Ithaca Conservation Advisory Council has no
specific responsibility for implementing the Environmental
Quality Review ordinance, except that its input and assistance
shall be solicited for all actions for which a short or long
Environmental Assessment Form has been prepared and for all
action for which a Positive Declaration is made or a Draft
Environmental Impact Statement is prepared.
36.4 Critical environmental areas (CEA)
Common Council may designate a specific geographic area
within the boundaries of the City as a critical environmental
area (CEA). A State agency may also designate as a CEA a
specific geographic area which is owned or managed by the State
or is under its regulatory authority. Designation of a CEA must
be preceded by written public notice and a public hearing. Any
Unlisted action located in a CEA must be treated as a Type I
action by any involved agency.
co (a) To be designated as a CEA, an area must have an
M exceptional or unique character covering one or more of the
following:
m (1) a benefit or threat to human health;
a
(2) a natural setting (e.g., fish and wildlife
habitat, forest and vegetation, open space and areas of
important aesthetic or scenic quality);
(3) social, cultural, historic, archaeological,
recreational, or educational values; or
(4) an inherent ecological, geological or hydrological
:(400e sensitivity to change which may be adversely affected
by any change.
(b) Notification that an area has been designated as a CEA
must be filed with:
(1) the commissioner;
(2) the appropriate regional office of the DEC; and
(3) any other agency regularly involved in approving,
undertaking or funding actions in the area which has
been designated.
(c) This designation shall take effect 30 days after such
filing. The filing must contain a map at an appropriate scale to
readily locate the boundaries of the CEA. Each designation of a
CEA shall be published in the ENB by the DEC and the DEC shall
serve as a clearinghouse for information on CEA's.
36.5 INITIAL REVIEW OF ACTIONS.
(a) As early as possible in an agency's formulation of an
(4000� action it proposes to undertake, or as soon as an agency receives
an application for a funding or approval action, it shall do the
following:
(1) Determine whether the action is subject to CEQR.
If the action is an exempt, an excluded, or a Type II action, the
agency shall have no further responsibilities under this
ordinance.
(2) Determine whether the action involves a Federal
agency. If the action involves a Federal agency, the provisions
of section 36.16 of this ordinance shall apply.
I `5
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(3) Determine whether the action may involve one or
more other agencies.
(4) Make a preliminary classification of an action as
Type I or Unlisted, using the information available and comparing
it with the thresholds set forth in section 36.12 of this
ordinance. Such preliminary classification will assist in
determining whether a full EAF and coordinated review is
necessary.
(5). For all actions subject to CEQR, determine
whether a full or short EAF will be required.
(b) For Type I actions, a full EAF (see section 36.20,
Appendix A of this ordinance) must be used to determine the
significance of such actions that are funded, approved, or
directly undertaken by an agency unless a Draft EIS has been
prepared on the action. The project sponsor must complete Part 1
of the full EAF, including a list of all other involved agencies
which the project sponsor has been able to identify, exercising
all due diligence. The lead agency is responsible for preparing
Part 2 and, as needed, Part-3.
(c) For Unlisted actions, the short EAF (see section
36.20, Appendix C of this ordinance) must, as a minimum, be used
to determine the significance of such actions that are funded,
approved or directly undertaken by an agency. However, an agency
may instead use the full EAF for Unlisted Actions if the short
EAF would not provide the lead agency with sufficient information
on which to base its determination of significance. The lead
agency may require other information necessary to determine
significance.
(d) Any City agency receiving or filling out an
Environmental Assessment Form shall, within five days,provide a
copy of the document to the Chairperson of the City Conservation
Advisory Council and to the Common Council liaisons to the CAC
for their comments and recommendations.
36.6 ESTABLISHMENT OF LEAD AGENCY AND DETERMINATION OF
SIGNIFICANCE
(a) The Ithaca City Common Council shall have overall
responsibility for implementation of this ordinance. Common
Council may designate that a particular City department, board or
commission assume the role of lead agency for actions of a nature
that would place them within the jurisdiction of that particular
department, board, or commission. If an action involves more
than one agency, the designation of lead agency shall be made in
accordance with the procedure set forth below, unless Common
Council designates otherwise.
(b) Lead agency procedures when a single agency is
involved and Common Council has not designated a lead agency:
(1) An agency will be the lead agency when it
proposes to undertake, or receives, an application for funding or
approval of a Type I or Unlisted action that does not involve
another agency.
(i) If the agency is directly undertaking the
action, it shall determine the significance of the
action as early as possible in the design or
formulation of the action.
(ii) If the agency has received an application
for funding or approval of the action, it shall
determine the significance of the action within 20
calendar days of its receipt of the application,
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37
an EAF, or any additional information reasonably
necessary to make that determination.
(c) Lead agency procedures when more than one agency is
involved:
(1) For all Type I actions and for coordinated review
of Unlisted Actions involving more than one agency, a lead agency
Co" must be established prior to a determination of significance.
For Unlisted Actions where there will be no coordinated review,
the procedures in section 36.6(e) of this ordinance must be
followed.
(2 ) , When an agency has been established as the lead
agency for an action involving an applicant and has determined
that an EIS is required, it must, in accordance with section
36.10(b) of this ordinance, promptly notify the applicant and all
other involved agencies, in writing, that it is the lead agency
(� and that an EIS is required.
(3) The lead agency shall continue in that role until
either a negative declaration is filed, a findings statement is
m filed, or a lead agency is re- established in accordance with
Q section 36.6(g) of this ordinance.
(d) Time periods for coordinated review:
(1) When an agency proposes to directly undertake or
receives an application for funding or approval for a Type I
action or an Unlisted action undergoing coordinated review in
which other agencies are involved, it shall, as soon as possible,
mail the EAF, with Part I completed by,the project sponsor, or a
(tswe Draft EIS and a copy of any application it has received to all
involved agencies notifying them that a lead agency must be
agreed upon within 30 calendar days of the date the EAF or Draft
EIS was mailed to them.
(2) The lead agency shall determine the significance
of the action within 20 calendar days of its establishment as
lead agency, or within 20 calendar days of its receipt of all
information it may reasonably need to make the determination of
significance, whichever occurs later, and shall immediately file
the determination in accordance with section 36.10 of this
ordinance.
(e) Uncoordinated review for Unlisted Actions involving
more than one agency:
(1) As early as possible in the formulation of plans
for an Unlisted action, and before any authorization is granted
which commits an agency to a particular action, or within 20
calendar days of its receipt of an application and an EAF, and
other reasonably necessary information, an agency shall make.a
determination of significance.
(2) When an agency determines that an Unlisted action
(600,01, may have a significant effect on the environment, coordinated
review and notification in accordance with subdivisions (c) and
(d) of this section is required.
(3) When an agency determines that an Unlisted action
will not have a significant effect on the environment, the
coordinated review and notification procedures set forth in
subdivisions (c) and (d) of this section are optional. For
uncoordinated review of Unlisted actions, each involved agency
must make its own determination of significance. Each involved
agency is considered a lead agency when making its determination.
At any time prior to an agency's final decision, that agency's
negative declaration may be superseded by a positive declaration
issued by any other involved agency.
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(f) Actions for which lead agency cannot be agreed upon:
(1) If, within the 30 calendar days allotted for
establishment of lead agency, the involved agencies are unable to
agree upon which agency shall be the lead agency, any involved
agency or the applicant may request that Common Council
designate the lead agency. Simultaneously, copies of the request
must be sent to all involved agencies and the applicant.
(2) The request must identify each involved agency's
jurisdiction over the action, and all relevant information
necessary for Common Council to apply the criteria in paragraph
(4) of this subdivision, and must state that all comments must be
submitted to Common Council.
(3) Common Council shall designate a lead agency
within 20 calendar days of the date the request is received, or
within 20 calendar days of the receipt of any supplemental
information Common Council has required, based on a review of the
facts, the criteria below, and any comments received.
(4) The following criteria, in order of importance,
shall be used by the Common Council to designate lead agency:
(i) which agency has the broadest governmental
powers for investigation of the impact of the
proposed action; and
(ii) which agency has the greatest capability
for providing the most thorough environmental
assessment of the proposed action.
(5) Notification of the Common Council's designation
of lead agency shall be mailed to all involved agencies and the
applicant.
(g) Re- establishment of lead agency:
(1) Re- establishment of lead agency may occur by
agreement of all involved agencies in the following
circumstances:
(i) for a supplement to a final EIS or generic
EIS;
(ii) upon failure of the lead agency's basis of
jurisdiction;
(iii) upon agreement of the applicant, prior to
the acceptance of a draft EIS.
(2) Disputes concerning re- establishment of lead
agency for a supplement to a final EIS or generic EIS are subject
to the designation procedures contained in Section 36.6(f) of
this ordinance.
(3) Notice of re- establishment of lead agency must be
given by the new lead agency to the applicant within 10 days of
its establishment.
(h) Determining significance:
(1) The lead agency must determine the significance
of any Type I or Unlisted action in writing in accordance with
this section and Section 36.11 of this ordinance.
(i) To require an EIS for a proposed action, the
lead agency must determine that the action may
include the potential for at least one significant
environmental effect.
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prior environmental review. Scoping should also identify the
reasonable alternatives to the proposed action.
36.8 ENVIRONMENTAL IMPACT STATEMENT PROCEDURES.
(b) When the applicant prepares the draft EIS:
(1) it shall be submitted to the lead agency which,
using the written scope of issues, if any, and the standards
contained in section 36.14 of this ordinance, shall determine
within 30 days of receipt of the draft EIS, whether to accept it
as satisfactory with respect to its scope, content and adequacy
for the purpose of commencing public review.
(2) Upon written notice to the applicant, a lead
agency may have one additional 30 -day period to determine the
adequacy of the draft EIS.
(3) If the draft EIS is determined to be inadequate,
the lead agency must identify in writing the deficiencies and
provide this information to the applicant.
(4) The lead agency must determine whether to accept
the resubmitted draft EIS within 30 days of its receipt.
(c) When the lead agency has completed a draft EIS or when
it has determined that a draft EIS prepared by an applicant is
adequate for public review, the lead agency shall file a notice
of completion of the draft EIS and a copy of the draft EIS in
accordance with the requirements set forth in section 36.10(c)
and (d) of this ordinance. Agencies shall provide a public
comment period on the draft EIS, to be not less than 30 calendar
days from the first filing and circulation of the notice of
completion.
(d) When the lead agency has completed a draft EIS or when
it has determined that a draft EIS prepared by an applicant is
adequate for public review, the lead agency shall determine
whether or not to conduct a public hearing concerning the action.
In determining whether or not to hold a CEQR hearing, the lead
agency shall consider: the degree of interest in the action
shown by the public or involved agencies; whether substantive or
significant environmental issues have been raised; the adequacy
of the mitigation measures proposed and the consideration of
alternatives; and the extent to which a public hearing can aid
the agency decision - making processes by providing a forum for, or
an efficient mechanism for the collection of, public comment. If
a hearing is to be held:
(1) the lead agency shall file a notice in accordance
with section 36.10(e) of this ordinance. Such notice may be
contained in the notice of completion of the draft EIS. The
notice of hearing must be published, at least 14 calendar days in
advance of the public hearing, in a newspaper of general
circulation in the area of the potential impacts and effects of
the action;
(2) the hearing shall commence no less than 15
calendar days or no more than 60 calendar days after the filing
of the notice of completion of the draft EIS by the lead agency
pursuant to section 36.10(c) of this ordinance. When a CEQR
(a) The applicant
or the
lead agency, at
the applicant's
option, shall prepare the
draft
EIS. If the applicant does not
exercise the option to prepare
shall prepare it, cause it to
the draft EIS,
be prepared, or
the lead agency
terminate its
.
(wool
review of the action. A
fee may be charged by
the lead agency
-
for preparation or review
of an
EIS pursuant to
section 36.17 of
this ordinance.
(b) When the applicant prepares the draft EIS:
(1) it shall be submitted to the lead agency which,
using the written scope of issues, if any, and the standards
contained in section 36.14 of this ordinance, shall determine
within 30 days of receipt of the draft EIS, whether to accept it
as satisfactory with respect to its scope, content and adequacy
for the purpose of commencing public review.
(2) Upon written notice to the applicant, a lead
agency may have one additional 30 -day period to determine the
adequacy of the draft EIS.
(3) If the draft EIS is determined to be inadequate,
the lead agency must identify in writing the deficiencies and
provide this information to the applicant.
(4) The lead agency must determine whether to accept
the resubmitted draft EIS within 30 days of its receipt.
(c) When the lead agency has completed a draft EIS or when
it has determined that a draft EIS prepared by an applicant is
adequate for public review, the lead agency shall file a notice
of completion of the draft EIS and a copy of the draft EIS in
accordance with the requirements set forth in section 36.10(c)
and (d) of this ordinance. Agencies shall provide a public
comment period on the draft EIS, to be not less than 30 calendar
days from the first filing and circulation of the notice of
completion.
(d) When the lead agency has completed a draft EIS or when
it has determined that a draft EIS prepared by an applicant is
adequate for public review, the lead agency shall determine
whether or not to conduct a public hearing concerning the action.
In determining whether or not to hold a CEQR hearing, the lead
agency shall consider: the degree of interest in the action
shown by the public or involved agencies; whether substantive or
significant environmental issues have been raised; the adequacy
of the mitigation measures proposed and the consideration of
alternatives; and the extent to which a public hearing can aid
the agency decision - making processes by providing a forum for, or
an efficient mechanism for the collection of, public comment. If
a hearing is to be held:
(1) the lead agency shall file a notice in accordance
with section 36.10(e) of this ordinance. Such notice may be
contained in the notice of completion of the draft EIS. The
notice of hearing must be published, at least 14 calendar days in
advance of the public hearing, in a newspaper of general
circulation in the area of the potential impacts and effects of
the action;
(2) the hearing shall commence no less than 15
calendar days or no more than 60 calendar days after the filing
of the notice of completion of the draft EIS by the lead agency
pursuant to section 36.10(c) of this ordinance. When a CEQR
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hearing is to be held, it should be conducted with other public
hearings on the proposed action, whenever practicable; and
(3) comments will be received and considered by the
lead agency for no less than 30 calendar days from the first
filing and circulation of notice of completion, or no less than
10 calendar days following the close of a public hearing at which
the environmental impacts of the proposed action are considered,
whichever is later.
(e) Except as provided in paragraphs (1) and (2) of this
subdivision, the lead agency shall prepare or cause to be
prepared and shall file a final EIS, within 45 calendar days
after the close of any hearing or within 60 calendar days after
the filing of the draft EIS, whichever last occurs.
(1) No final EIS need be prepared if:
(i) the proposed action has been withdrawn or;
(ii) on the basis of the draft EIS, and comments
made thereon, the lead agency has determined that
the action will not have a significant effect on
the environment. A negative declaration must then
be prepared and filed in accordance with this
ordinance.
(2) The last date for preparation and filing of the
final EIS may be extended:
(i) where it is determined that additional time
is necessary to prepare the statement adequately;
or
(ii) where problems with the proposed action
requiring material reconsideration or modification
have been identified.
(f) Notice of completion of the final EIS and copies of
the final EIS shall be filed in accordance with section 36.10(f)
and (g) of this ordinance.
(g) Supplemental EIS's
(1) Prior to the filing of a findings statement, the
lead agency may require a supplemental EIS, limited to specific
issues not addressed or inadequately addressed in the EIS, in the
following circumstances:
(i) changes are proposed for the project which
may result in a significant adverse environmental
effect; or
(ii) newly discovered information arises about
significant adverse effects which was not
previously addressed; or
(iii) a change in circumstances arises which may
result in a significant adverse environmental
effect.
(2) The decision to require preparation of a
supplemental EIS, in the case of newly discovered information,
shall be based upon the following criteria:
(i) the importance and relevance of the
information;
(ii) its probable accuracy; and
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(ii) To determine that an EIS will not be
required for an action, the lead agency must
determine either that there will be no
environmental effect or that the identified
environmental effects will not be significant.
(2) For all Type I and Unlisted actions the lead
agency making a determination of significance must:
(i) consider the action as defined in sections
36.2(b) and 36.3(k) of this ordinance;
(ii) review the EAF, the criteria contained in
section 36.11 of this ordinance and any other
supporting information to identify the relevant
areas of environmental concern;
I'*— (iii) thoroughly analyze the identified relevant
CO areas of environmental concern to determine if the
action may have a significant effect on the
environment; and
(� (iv) set forth its determination of significance
Q in a written form containing a reasoned
elaboration and providing reference to any
supporting documentation.
(i) Conditioned negative declarations:
(1) For Unlisted actions involving an applicant, a
lead agency has the option to issue a conditioned negative
(400'e declaration of significance (CND)'provided that:
(i) a full EAF has been prepared;
(ii) a coordinated review has been completed in
accordance with section 36.6(c) of this
ordinance;
(iii) the CEQR conditions imposed pursuant to
section 36.3(b) of this ordinance have eliminated
or adequately mitigated all significant
environmental impacts and are supported by the
full EAF and any other documentation;
(iv) notice of a CND has been published in the
"ENB" and a minimum 30 -day public comment period,
after such publication has been provided. The
notice must state what conditions have been
imposed. An agency may also use its own public
notice and review procedures, provided the notice
states that a CND has been issued, states what
conditions have been imposed and allows for a
minimum 30 -day public comment period; and
(v) the CND has been prepared and filed in
accordance with sections 36.6(h) and 36.10(a)(2)
of this ordinance.
(2) A draft EIS must be prepared if comments are
received regarding the proposed CND which would support a
positive declaration concerning:
(i) the previously identified or newly raised
significant environmental impacts; or
(ii) the need for the examination of the adequacy
of the proposed mitigation measures.
40
(3) The lead agency must require an EIS in lieu of
issuing a CND if requested by the applicant.
(j) Rescission of Negative Declarations:
At any time prior to its decision to undertake, fund or
approve an action, a lead agency must rescind a negative
declaration if it determines that a significant environmental
effect may result from a project modification or that there
exists a change of circumstances which was not previously
addressed. Prior to any rescission, the lead agency must inform
other involved agencies and the applicant and must provide a
reasonable opportunity for the applicant to respond.
The Common Council may decide to employ a qualified
consultant to assist in or have major responsibility for, the
preparation or review of Environmental Impact Statements. All
studies, data, statements or other material developed by a
consultant shall become public property after the completion of
the consultant's responsibilities.
The City Clerk shall establish and maintain a list of
qualified consultants which shall be made available to applicants
who may wish to hire a consultant to assist in the preparation of
Environmental Impact Statements.
36.7 SCOPING.
(a) Formal scoping is optional. It may occur either at
the initiation of the lead agency or at the request of the
applicant, prior to the acceptance of a draft EIS. If the action
involves an applicant, either a written scope of issues to be
addressed in the draft EIS must be provided by the lead agency to
the applicant and all involved agencies, within 30 calendar days
following the filing of the Positive Declaration, or an applicant
may initiate the process by providing the lead agency with a
draft scope of issues. Scoping may be accomplished through
meeting(s), exchanges of written material, or other methods that
will allow the lead agency, the applicant, and involved agencies
to agree upon a written scope of issues in a timely manner. In
the event that the lead agency fails to provide a written scope
of issues within 30 calendar days following the filing of a
positive declaration, the applicant may submit a draft EIS.
(b) Involved agencies should provide input for the scoping
statement reflecting their agency's concerns, permit
jurisdictions, and information needs sufficient to make their
respective CEQR findings. Failure of an involved agency to
participate in the scoping process will not delay completion of
the written scope of issues. At the discretion of the lead
agency, other interested agencies and the public may be invited
to participate in the scoping process. The lead agency's methods
for obtaining scoping information should reflect the complexity
of the project, the degree of public concern and the significance
of the environmental impacts.
(c) When scoping occurs, the lead agency shall try to
identify each relevant issue during the scoping process and
provide the preparer of the EIS with the greatest possible
specificity so that the environmental review process may proceed
in an efficient manner. If the lead agency later determines that
issues not included within the scoping document should be
included in the EIS, it must provide the applicant and the
involved agencies with a written statement explaining the need
for additional analysis.
(d) Scoping should identify the extent and quality of
information needed for the preparer to properly address each
concern. Scoping may also be used to determine which issues are
not relevant for further consideration or have been covered by
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(iii) the present state of the information in the
EIS.
(3) If a supplement is required, it will be subject to
the full procedures of this ordinance.
36.9 DECISION - MAKING AND FINDINGS REQUIREMENTS.
(a) Prior to the lead agency's decision on an action which
(4AOOO" has been the subject of a final EIS, it shall afford agencies and
the public a reasonable time period (not less than 10 calendar
days) in which to consider the final EIS.
(b) In the case of an action involving an applicant, the
lead agency's filing of a written findings statement and decision
on whether or not to approve or fund an action which has been the
subject of a final EIS shall be made within 30 calendar days
(\ after the filing of the final EIS.
co (c) No involved agency shall make a final decision to
G} commence, engage in, fund, or approve an action that has been
the subject of a final EIS, either under CEQR, SEQR or the
(Y] National Environmental Policy Act (NEPA), until the time period
Q provided in subdivision (a) has passed and the agency has made
and filed, in accordance with section 36.10(i) of this ordinance,
a written finding that:
(1) the agency has given consideration to the final
EIS;
(2) the requirements of this ordinance have been met;
(3) consistent with social, economic and other
essential considerations from among the reasonable alternatives
thereto, the action to be carried out, funded or approved is one
which minimizes or avoids adverse environmental effects to the
maximum extent practicable; including the effects disclosed in
the relevant environmental impact statement;
(4) consistent with social, economic and other
essential considerations, to the maximum extent practicable,
adverse environmental effects .revealed in the environmental
impact statement process will be minimized or avoided by
incorporating as conditions to the decision those mitigative
measures which were identified as practicable; and
(5) contains the facts and conclusions in the EIS
relied upon to support its decision and indicates the social,
economic and other factors and standards which formed the basis
of its decision.
(d) No agency shall make a decision to .disapprove an
action which has been the subject of a final EIS until it has
prepared a written findings statement in accordance with this
section, of the facts and conclusions in the draft and final EIS
relied on to support its decision. Such statement shall be filed
in accordance with section 36.10(i) of this ordinance.
36.10 NOTICE AND FILING REQUIREMENTS.
The following CEQR documents shall be prepared, filed,
published and made available as prescribed in this section.
(a) "Negative declarations ".
(1) "Unlisted actions". Agencies must maintain a
file readily accessible to the public containing the negative
declaration or conditioned negative declaration. Conditioned
negatives declarations shall be filed in accordance with Type I
procedures.
11f►
44
(2) "Type I actions ". Agencies must maintain a file,
readily accessible to the public, of all negative declarations
for Type I actions. The negative declaration for a Type I action
must state that it has been prepared in accordance with this
ordinance and must contain: the name and address of the lead
agency; the name and telephone number of a person who can provide
further information; the location of the action; and the
determination and documentation required by section 36.6(h) of
this ordinance. Notice of all negative declarations for Type I
actions shall be published in the "ENB" in a manner prescribed by
the DEC. Agencies may provide for filing of these determinations
with agencies which may be affected by the action, and provide
for public notice by posting on sign boards, or by other
appropriate means. The negative declaration must be filed
simultaneously as follows:
(i) with the commissioner at 50 Wolf Road,
Albany, New York 12233 -0001 for publication in the "ENB ";
(ii) with the appropriate regional office of the
DEC;
(iii) with the Mayor of the City of Ithaca;
(iv) if the action involves an applicant, with the
applicant;
(v) if other agencies are involved in approval of
the action, with each other agency.
(3) For both Type I and Unlisted actions, notice of
the filing of a negative declaration must be incorporated into
any other subsequent notice otherwise required by law. This
requirement could be satisfied by indicating the CEQR
classification of the action and the agency's determination of
significance.
(b) "Positive declarations ". Positive declarations for
all Type I and Unlisted actions must be prepared, filed,
published and made available in accordance with this subdivision.
The positive declaration must state that it has been prepared in
accordance with this Ordinance and contains: the name and
address of the lead agency; the name and telephone number of a
person who can provide further information; the location of the
action; and a brief description of the possible significant
environmental effects that have been identified and the reasons
supporting the determination. Agencies must maintain a file of
the facts, written analyses and conclusions leading to their
determinations. The positive declaration shall be filed in the
same manner as prescribed for negative declarations in paragraph
(a) (2) of this section. Notice of the positive declaration
shall be published in the "ENB" in a manner prescribed by the
DEC.
(c) "Notices of completion of draft EIS's ". Whenever a
lead agency has determined that a draft EIS is adequate for
public review, it shall prepare and file a notice of completion.
The notice shall state the name and address of the lead agency
and the name and telephone number of a person who can provide
further information. The notice must also contain the following:
(1) a brief and precise description of the action
covered by the statement, its location and the nature of its
potential environmental impacts and effects;
(2) a statement indicating where and how copies of
the draft EIS can be obtained from the lead agency; and
(3) a statement that comments are requested and will
be received and considered by the agency at a given address for a
stated period (not less than 30 calendar days from the first
filing and circulation of the notice of completion, or not less
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45
than 10 calendar days following a public hearing at which the
environmental impacts of the proposed action are considered,
whichever is later).
(1) one copy with the commissioner at 50 Wolf Road,
Albany, New York 12233 -0001;
(2) one copy with the appropriate regional office of
the DEC;
CO (3) one copy with the Mayor of the City of Ithaca;
M
D (4) if other agencies are involved in the approval of
M the action, one copy with each such agency;
Q (5) one copy with persons requesting it. The lead
agency may charge a fee to persons requesting the statement to
cover its copying costs. Where sufficient copies of a statement
are not available to meet public interest, the lead agency may
provide an additional copy to the local public library.
(e) "Notices of hearing". A notice of hearing, if the
lead agency determines that one is to be held, shall be prepared
by the lead agency. It shall specify the time, place and purpose
of the hearing, and shall contain a summary of the information
contained in the notice of completion of the draft EIS. The
notice of hearing shall be filed, published, and made available,
as prescribed in paragraph (a) (2) of this section. A notice of
hearing may be given in the notice of completion of the draft EIS
and shall be published, at least 14 calendar days in advance of
the hearing date, in a newspaper of general circulation in the
area of the potential impacts and effects of the action.
(f) "Notices of completion of final EIS's ". When a lead
agency has determined that a final EIS is complete, it shall
prepare and file a notice of completion. The notice shall state
the name and address of the lead agency and shall contain the
items prescribed in paragraphs (c)(1) and (2) of this section.
The notice of completion shall be filed as prescribed in
paragraph (a)(2) of this section. The DEC shall publish all
notices of completion of all final EIS's in the "ENB".
(g) "Final EIS's ". The final EIS, together with the
notice of its completion, shall be filed in the same manner as a
draft EIS.
(h) Each agency subject to this part shall retain copies
(4000, of required notices, accepted draft EIS's, final EIS's and
findings statements in files which are readily accessible for
public inspection.
(i) CEQR findings statements made pursuant to section 36.9
of this ordinance must be filed with all involved agencies and
the applicant at the time they are adopted.
(j) Public record of agency decision. For public
information purposes, the City Clerk shall maintain files open
for public inspection of all Notices of Completion, Draft and
Final Environmental Impact Statements and written determinations
prepared or caused to be prepared by the lead agency, and shall
post in appropriate place(s) in City Hall for a period of thirty
The
notice of
completion shall be filed
as prescribed for
negative
declarations in paragraph (a)(2) of
this section. The
DEC shall
publish all
notices of completion of
all draft EIS's in
the "ENB".
(d)
"Draft
EIS's ". The draft EIS, with
any appendices,
together
with the
notice of its completion,
shall be filed and
made available
for
copying as follows:
(1) one copy with the commissioner at 50 Wolf Road,
Albany, New York 12233 -0001;
(2) one copy with the appropriate regional office of
the DEC;
CO (3) one copy with the Mayor of the City of Ithaca;
M
D (4) if other agencies are involved in the approval of
M the action, one copy with each such agency;
Q (5) one copy with persons requesting it. The lead
agency may charge a fee to persons requesting the statement to
cover its copying costs. Where sufficient copies of a statement
are not available to meet public interest, the lead agency may
provide an additional copy to the local public library.
(e) "Notices of hearing". A notice of hearing, if the
lead agency determines that one is to be held, shall be prepared
by the lead agency. It shall specify the time, place and purpose
of the hearing, and shall contain a summary of the information
contained in the notice of completion of the draft EIS. The
notice of hearing shall be filed, published, and made available,
as prescribed in paragraph (a) (2) of this section. A notice of
hearing may be given in the notice of completion of the draft EIS
and shall be published, at least 14 calendar days in advance of
the hearing date, in a newspaper of general circulation in the
area of the potential impacts and effects of the action.
(f) "Notices of completion of final EIS's ". When a lead
agency has determined that a final EIS is complete, it shall
prepare and file a notice of completion. The notice shall state
the name and address of the lead agency and shall contain the
items prescribed in paragraphs (c)(1) and (2) of this section.
The notice of completion shall be filed as prescribed in
paragraph (a)(2) of this section. The DEC shall publish all
notices of completion of all final EIS's in the "ENB".
(g) "Final EIS's ". The final EIS, together with the
notice of its completion, shall be filed in the same manner as a
draft EIS.
(h) Each agency subject to this part shall retain copies
(4000, of required notices, accepted draft EIS's, final EIS's and
findings statements in files which are readily accessible for
public inspection.
(i) CEQR findings statements made pursuant to section 36.9
of this ordinance must be filed with all involved agencies and
the applicant at the time they are adopted.
(j) Public record of agency decision. For public
information purposes, the City Clerk shall maintain files open
for public inspection of all Notices of Completion, Draft and
Final Environmental Impact Statements and written determinations
prepared or caused to be prepared by the lead agency, and shall
post in appropriate place(s) in City Hall for a period of thirty
1 T
46
days all notices of completion, positive declarations, negative
declarations and notices of hearings.
36.11 CRITERIA FOR DETERMINING SIGNIFICANCE.
(a) To determine whether a proposed Type I or Unlisted
action may have a significant effect on the environment, the
impacts which may be reasonably expected to result from the
proposed action must be compared against the criteria in this
section. The action will be assessed in connection with its
setting, probability of occurring, geographic scope, duration,
magnitude, controllability, irreversibility, and the number of
people affected. The following list is illustrative, not
exhaustive. These criteria are considered indicators of
significant effects on the environment:
(1) a substantial adverse change in existing air
quality, ground or surface water quality or quantity, traffic or
noise levels; a substantial increase in solid waste production; a
substantial increase in potential for erosion, flooding,
leaching or drainage problems;
(2) the removal or destruction of large quantities of
vegetation or fauna; substantial interference with the movement
of any resident or migratory fish or wildlife species; impacts on
a significant habitat area; substantial adverse effects on a
threatened or endangered species of animal or plant, or the
habitat of such a species; or other significant adverse effect to
natural resources;
(3) the encouraging or attracting of a large number of
people to a place or places for more than a few days, compared to
the number of people who would come to such place absent the
action;
(4) the creation of a material conflict with the
City's current plans or goals as officially approved or adopted
or with the City's future options;
(5) the impairment of the character or quality of
important historical, archaeological, architectural, or aesthetic
resources or of existing community or neighborhood character;
(6) a major change in the use of either the quantity or
type of energy;
(7) the creation of a hazard to human health or
safety;
(8) a substantial change in the use, or intensity or
magnitude of use of land including agricultural, open space or
recreational resources, or in its capacity to support existing
uses;
(9) the creation of a material demand or pressures for
other actions which would result in one of the above
consequences.
(10) Changes in two or more elements of the
environment, no one of which has a significant effect on the
environment, but when considered together result in a substantial
adverse impact on the environment; or
(11) two or more related actions undertaken, funded or
approved by an agency, none of which has or would have a
significant effect on the environment, but when considered
cumulatively, would meet one or more of the criteria in this
section.
I1')
47
(12) a substantial change in the City's ability to
provide services to the proposed action.
(b) For the purpose of determining whether an action will
cause one of the foregoing consequences, the lead agency must
consider reasonably related long -term, short -term and cumulative
effects, including other simultaneous or subsequent actions which
(600" are:
(1) included in any long -range plan of which the
action under consideration is a part;
(2) likely to be undertaken as a result thereof; or
(3) dependent thereon.
36.12 TYPE I ACTIONS.
(a) The purpose of the list of Type I actions in this
section is to identify, for agencies, project sponsors and the
M public, those actions and projects that are more likely to
D require the preparation of an EIS than Unlisted actions. All
IM agencies are subject to this Type I list. This Type I list is
< not exhaustive of those actions that an agency determines may
have a significant effect on the environment and require the
preparation of an EIS. The fact that an action or project has
been listed as a Type I action carries with it the presumption
that it is likely to have a significant effect on the environment
and will in almost every instance require an EIS. For all
individual actions which are Type I, the determination of
significance must be made by comparing the impacts which may be
reasonably expected to result from the proposed action with the
criteria listed in section 36.11 of this ordinance.
(b) The following actions are Type I if they are to be
directly undertaken, funded, or approved by an agency:
(1) The construction of the following; or the major
alteration or conversion of 50 percent or more of the area,
existing size, intensity or frequency of use of the following; or
where noted, demolition of the following:
(i) airports and heliports;
(ii) public institutions such as hospitals,
schools, and buildings within institutions of
higher learning and correction facilities, and
major office centers, (or demolition of any of the
foregoing);
(iii) road or highway sections;
(iv) parking facilities or other facilities with
an associated parking area for 50 or more cars;
(v) dams with downstream hazard of "C"
ce classification under Environmental Conservation
Law (ECL) Section 15 -0503;
(vi) stationary combustion installations operating
at a total output exceeding 10 million BTU's per
hour;
(vii) any facility, development or project which
when complete would generate truck traffic (three -
axle or more) of more than 10 vehicles per eight -
hour period per day;
(viii) incinerators operating at a refuse charging
rate exceeding 2.5 tons of refuse per 24 -hour day;
12o
(ix) storage facilities designed for or capable of
storing 50,000 or more gallons of any liquid fuel;
(x) process, exhaust and /or ventilation systems
from which the total emission rate of all air
contaminants exceeds 1,000 pounds per day;
(xi) any facility, development or project which
would result in the generation, transport or
storage of nuclear waste thereat;
(xii) any facility, development or project which is
otherwise an Unlisted action occurring wholly or
partially within 100 feet of any of the following
special resource areas:
(a) freshwater wetlands as defined in Article 24
in the ECL;
(b) flood plains as defined in Article 36 of the
ECL;
(c) Fall Creek (including its associated gorge
and rim area between the outlet of Beebe Lake
and Lake Street), Six Mile Creek (including
its associated gorge and rim area between the
southern boundary of the City and Aurora
Street), Cascadilla Creek (including its
associated gorge and rim area between Campus
Road and Linn Street), Silver Creek (also
known as Cliff Park Brook, including its
associated gorge and rim area), and the
Cayuga Inlet, along their courses within City
boundaries;
(d) Unique Natural Areas as adopted by the Common
Council;
(e) any historic building, structure, facility
site, or district or prehistoric site listed
on the National Register of Historic Places,
or that has been proposed by the New York
State Board on Historic Preservation for a
recommendation to the State Historic
Preservation Officer for nomination for
inclusion in said National Register, or that
is listed on the State Register of Historic
Places, or that is designated under the City
of Ithaca Landmarks Preservation Ordinance;
provided this item does not include any
otherwise Unlisted action that is designed
for the preservation of the facility or site;
(xiii) any facility, development or project which
would generate more than 500 vehicle trips per
any eight -hour period per day;
(xiv) any facility, development or project which
would use ground or surface water in excess of .25
million gallons per day;
(xv) any industrial facility (or demolition
thereof);
(xvi) any publicly or privately owned sewage
treatment works which has an average daily design
flow of more than .25 million gallons per day;
121
49
(xvii) a residential development or subdivision of
ten or more dwelling units (as that term is
defined in section 30.3 (22) of the zoning law) or
demolition thereof;
(xviii) any other type of residential or lodging
facility, dormitory, fraternity, sorority, rooming
or boarding house, tourist home or facility,
(6000, motel, hotel, or boatel, of 15 or more sleeping
units, as those terms are defined in the zoning
law;
(xix) lakes or bodies of water with a surface in
excess of 10,000 square feet;
(xx) multiple- tenant commercial centers with an
enclosed floor space of more than 20,000 square
P., feet or which with associated premises encompasses
CO more than 20,000 square feet, or demolition
M thereof;
D (xxi) process, exhaust, and /or ventilating systems
M emitting nauseating, particularly obnoxious, or
Q otherwise especially undesirable odors;
(xxii) bridges (or demolition thereof);
( xxiii) any Unlisted action which takes place wholly
or partially within 100 feet of any Critical
Environmental Area designated by a local or state
agency;
(xxiv) any facility with more than 20,000 square feet
of gross floor area.
(2) Any funding, licensing or planning activities in
respect to the types of actions listed in (1) above which would
tend to commit, entitle, or permit the applicant or City to
commence such action.
(3) Use of any chemical for de- icing, soil
stabilization or the. control of vegetation, insects or animal
life on the premises of any residential, institutional,
commercial or industrial property in excess of 30,000 square
feet.
(4) Clear - cutting or removal of woods or vegetation
other than agricultural crops from more than one -half acre.
(5) Permanent removal of the topsoil from, or other
physical alteration to, more than one -half acre.
(6) The adoption of comprehensive land use or resource
management plans, zoning ordinances, or amendment thereto,
including any zoning ordinance or amendment thereto which permits
a change of use of the land, building codes, comprehensive solid
waste plans, water resource plan, basin plans, comprehensive
(60'ol water studies, area -wide waste water treatment plants, or local
flood plain control plans.
(7) Acquisition, lease, annexation, transfer or sale
by a public agency of more than 2.5 contiguous acres of land.
(8) Any project or action which exceeds 25 percent of
any threshold in this section, occurring wholly or partially
within or substantially contiguous to any publicly owned or
operated park land, recreation area or designated open space,
including any site on the Register of National Natural Landmarks
pursuant to 36 C.F.R. Part 62 (1986).
12 1-,
50
(9) Granting of any zoning change at the request of an
applicant for an action that meets or exceeds one or more of the
thresholds given in other sections of this list.
36.13 TYPE II ACTIONS.
(a) Consistent with the State guidelines, Type II actions
are deemed not to have a significant effect on the environment
and do not require the preparation of an EIS or any other
determination or procedure under this ordinance.
(b) The following actions are Type II actions:
(1) The extension of utility distribution facilities
to serve new or altered single or two- family residential
structures or to render service in approved subdivisions.
(2) Actions involving individual setback and lot line
variances and the like.
(3) Agricultural farm management practices including
construction, maintenance and repair of farm buildings and
structures and land use changes consistent with generally
accepted principles of farming.
(4) Operation, repair, maintenance or minor alteration
of existing structures, land uses and equipment, and maintenance
of existing landscaping or natural growth.
(5) Replacement of a facility, in kind, on the same
site unless such facility meets or exceeds any of the thresholds
in Subdivision B of this section.
(6) Repaving of existing highways not involving the
addition of new travel lanes.
(7) Street openings for the purpose of repair or
replacement, or maintenance of existing utility facilities.
(8) Installation of traffic control devices on
existing streets, roads and highways other than multiple fixtures
on long stretches.
(9) Mapping of existing roads, streets, highways,
uses, ownership patterns and the like.
(10) Regulatory activities not involving construction
or changed land use relating to one individual business,
institution or facility, such as inspections, testing, operating
certification or licensing and the like.
(11) Purchase or sale of furnishings,. equipment, or
supplies including surplus government property other than land,
radioactive material, pesticides, herbicides, or other hazardous
materials.
(12) Collective bargaining activities.
(13) Operating, expense or executive budget planning,
preparation and adoption not involving new programs or major
reordering of priorities.
(14) Investments by or on behalf of agencies or pension
or retirement systems, or refinancing of existing debt.
(15) Routine operation, administration and management
of city functions and city services not including new programs or
major reordering of priorities.
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51
(16) Routine license, lease, and permit renewals or
transfers of ownership thereof where there is no material change
in permit conditions or the scope of permitted activities.
(17) Routine activities of educational institutions
which do not involve capital construction, including school
closings but not changes in use related to such closings.
(4w,� (18) Public or private forestry management other than
removal of trees or application of herbicides or pesticides.
(19) Construction or placement of minor structures
accessory or appurtenant to existing facilities, including
garages, carports, patios, home swimming pools, fences, barns or
other buildings not changing land use or density, including
upgrading of buildings to meet building or fire codes.
(� (20) Inspections and licensing activities relating to
(� the qualifications of individuals or businesses to engage in
their business or profession.
(21) Information collection, including basic data
m collection and research, water quality and pollution studies,
Q traffic counts, engineering studies, surveys, subsurficial
investigations, and soils studies that do not commit the agency
to undertake, fund, or approve any Type I or Unlisted action.
(22) Minor temporary uses of land having negligible or
no permanent effect on the environment.
(23) Promulgation of regulations, policies, procedures,
and legislative decisions in connection with any Type II action.
36.14 PREPARATION AND CONTENT OF ENVIRONMENTAL IMPACT
STATEMENTS.
(a) An EIS provides a means for agencies to give early
consideration to environmental factors and facilitates the
weighing of social, economic and environmental issues in planning
and decision - making. Therefore, the preparation of an EIS is to
be integrated into existing agency review processes and should
occur at the same time as other agency reviews are being
undertaken. The EIS provides a means for project sponsors to
systematically consider environmental effects along with other
aspects of their project planning and design, and to identify and
mitigate identified adverse environmental effects.
(b) An EIS should assemble relevant and material facts
upon which an agency's decision is to be made, should identify
the essential issues to be decided, and should evaluate all
reasonable alternatives. EIS's shall be analytical and not
encyclopedic. The lead agency and other involved agencies shall
cooperate with applicants who are preparing EIS's by making
available to them information contained in their files relevant
to the EIS.
(c) EIS's shall be clearly and concisely written in plain
language that can be read and understood by the public. Within
the framework presented in subdivision (f) of this section, EIS's
should address only those specific adverse or beneficial
environmental impacts which can be reasonably anticipated and /or
have been identified in the scoping process. EIS's should not
contain more detail than is appropriate considering the nature
and magnitude of the proposed action and the significance of its
potential impacts. Highly technical material should be
summarized and, if it must be included in its entirety, should be
referenced in the statement and included in an appendix.
X21
52
(d) All draft and final EIS's shall be preceded by a cover
sheet stating:
(1) whether it is a draft or final EIS;
(2) the name or descriptive title of the action;
(3) the location and street address of the action;
(4) the name and address of the agency which required
its preparation, and the name and telephone number of a
person at the agency who can provide further
information;
(5) the names of individuals or organizations that
prepared any portion of the statement;
(6) the date of its acceptance by the agency
responsible for its preparation; and
(7) in the case of a draft EIS, the date by which
comments must be submitted.
(e) A draft or final EIS'shall have a table of contents
following the cover sheet and a precise summary which adequately
and accurately summarizes the statement.
(f) The body of all draft EIS's shall contain the
following:
(1) a concise description of the proposed action, its
purpose, public need and benefits, including social
and economic considerations;
(2) a concise description of the environmental setting
of the areas to be affected, sufficient to understand
the effects of the proposed action and alternatives;
(3) a statement and evaluation of the environmental
impacts of the proposed action, including the reasonably related
short- and long -term effects, cumulative effects, and other
associated environmental effects;
(4) an identification and brief discussion of any
adverse environmental impacts which cannot be avoided, or
adequately mitigated if the proposed action is implemented;
(5) a description and evaluation of the range of
reasonable alternatives to the action which are feasible,
considering the objectives and capabilities of the project
sponsor. The description and evaluation of each alternative
should be at a level of detail sufficient. to permit a
comparative assessment of the alternatives discussed. The range
of alternatives must include the no- action alternative and may
include, as appropriate, alternative:
(i) sites;
(ii) technology;
(iii) scale or magnitude;
(iv)
design;
(v)
timing;
(vi)
use; and
(vii)
types of action.
.1'5
53
For private applicants, any alternative for which no
discretionary approvals are needed may be described. Site
alternatives may be limited to parcels owned by, or under
option to, a private applicant;
(6) an identification of any irreversible and
associated irretrievable commitments of resources which would be
involved with the proposed action should it be implemented;
(7) a description of mitigation measures to
minimize the adverse environmental impacts;
(8) a description of any growth- inducing aspects of
the proposed action, if applicable and significant;
(9) a discussion of the effects of the proposed action
on the use and conservation of energy, if applicable and
significant;
CD (10) a list of any underlying studies, reports, and
other information obtained and considered in preparing the
statement.
m (g) In addition to the analysis of significant adverse
Q effects required in subdivision (f) of this section, if
information about reasonably foreseeable catastrophic impacts to
the environment is unavailable because the cost to obtain it is
exorbitant, or the means to obtain it are unknown, or there is
uncertainty about its validity, and such information is essential
to an agency's CEQR findings, the EIS must:
(1) identify the nature and relevance of
(400", unavailable or uncertain information;
(2) provide a summary of existing credible scientific
evidence, if available; and
(3) assess the likelihood of occurrence, even if the
probability of occurrence is low, and the consequences of the
potential impact, using theoretical approaches or research
methods generally accepted in the scientific community.
This analysis would likely occur in the review of such
actions as a liquid propane gas /liquid natural gas facility, or
the siting of a hazardous waste treatment facility. It should
not apply in the review of such actions as shopping malls,
residential subdivisions or office facilities.
(h) A draft or final EIS may incorporate by reference all
or portions of other documents, including EIS's which contain
information relevant to the statement. The referenced documents
shall be made available for inspection by the public within the
time period for public comment in the same places where the
agency makes available copies of such statement. When a
statement incorporates by reference, the referenced document
shall be briefly described, its applicable findings summarized,
and the date of its preparation provided.
(i) A final EIS must consist of: the draft EIS, including
any revisions or supplements to it; copies or a summary of the
substantive comments received and their source (whether or not
the comments were received in the context of a hearing); and the
lead agency's responses to all substantive comments. The draft
EIS may be directly incorporated into the final EIS or may be
incorporated by reference. The lead agency is responsible for
the adequacy and accuracy of the final EIS, regardless of who
prepares it. All revisions and supplements to the draft EIS
shall be specifically indicated and identified as such in the
final EIS.
I ? (;
54
36.15 GENERIC ENVIRONMENTAL IMPACT STATEMENTS.
(a) A generic EIS may be used to assess the environmental
effects of:
(1) A number of separate actions which, if considered
singly may have minor effects, but if considered together may
have significant effects; or
(2) A sequence of actions, contemplated by a single
agency or individual; or
(3) Separate actions having generic or common impacts;
or
(4) An entire program or plan having wide application
or restricting the range of future alternative policies or
projects.
(b) Generic EIS's and their findings should set forth
specific conditions or criteria under which future actions will
be undertaken or approved, and shall include procedures and
criteria for supplements to reflect impacts, such as site
specific impacts, which have not been adequately addressed or
analyzed in the generic EIS. Such procedures shall include
provisions for public notice for supplements which allow for
public comment on the new material presented by the supplement
in the same manner as was provided in respect to the generic EIS.
(See section 36.8(8) of this ordinance.
(c) When a final generic EIS has been filed under this
ordinance:
(1) No further CEQR compliance is required if a
subsequent site specific action will be carried out in
conformance with the conditions and thresholds established for
such actions in the findings statement resulting from the generic
EIS;
(2) A supplemental findings statement must be prepared
if the subsequent proposed action was adequately addressed in the
generic EIS but was not addressed or was not adequately addressed
in the findings statement for the generic EIS;
(3) A supplement to the final generic EIS must be
prepared if the subsequent proposed action was not addressed or
was not adequately addressed in the generic EIS and the
subsequent action involves one or more significant environmental
effects; and
(4) A negative declaration must be prepared if a
subsequent proposed action was not addressed or was not
adequately addressed in the Generic EIS and the subsequent action
will not result in any significant environmental effects.
(d) Agencies may prepare generic EIS's on new, existing
or significant changes to existing land use plans, development
plans, and zoning regulations so that individual actions carried
out in conformance with these plans or regulations may require
only supplemental EIS's as described in subdivisions b and c of
this section.
Generic EIS's may be broader, and more general than site or
project specific EIS's and should discuss the logic and
rationale for the choices advanced. They may also include an
assessment of specific impacts if such details are available.
They may be based on conceptual information in some cases. They
may identify the important elements of the natural resource base
as well as the existing and projected man -made features, patterns
and character. They may discuss in general terms the
constraints and consequences of any narrowing of future options.
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They may present and analyze in general terms a few hypothetical
scenarios that could and are likely to occur.
(e) In connection with projects that are to be developed
in phases or stages, agencies should address not only the site
specific impacts of the individual project under consideration,
but also, in more general or conceptual terms, the cumulative
effects on the environment and the existing natural resource base
(400"e of subsequent phases of a larger project or series of projects
that may be developed in the future. In these cases, this part of
the generic EIS shall discuss the important elements and
constraints present in the natural and man -made environment that
may bear on the conditions of an agency decision on the
immediate project.
36.16 ACTIONS INVOLVING A FEDERAL AGENCY.
(� (a) When a draft and final EIS for an action has been duly
co prepared under the National Environmental Policy Act of 1969, an
agency shall have no obligation to prepare an additional EIS
under this ordinance, provided that the Federal EIS is sufficient
m to make findings under Section 36.9 of this ordinance. However,
except in the case of excluded, exempt or Type II actions, no
< agency may undertake or approve the action until the Federal
final EIS has been completed and the agency has made the findings
prescribed in section 36.9 of this ordinance.
(b) Where a finding of no significant impact (FNSI) or
other written threshold determination that the action will not
require a Federal impact statement has been prepared under the
National Environmental Policy Act of 1969, the determination
shall not automatically constitute compliance with CEQR. In such
cases, agencies remain responsible for compliance with CEQR.
(c) In the case of an action involving a Federal agency
for which either a Federal FNSI or a Federal draft and final EIS
has been prepared, except where otherwise required by law, a
final decision by a Federal agency shall not be controlling on
any State or local agency decision on the action, but may be
considered by the agency.
36.17 FEES AND COSTS.
(a) When an action subject to this ordinance involves an
applicant, the lead agency may charge a fee to the applicant in
order to recover the actual costs of preparing or reviewing the
draft EIS, provided such costs do not exceed the amounts allowed
under subdivisions (b) through (d) of this section. An applicant
may not be charged a separate fee for both the preparation and
review of a draft EIS. Scoping shall be considered part of the
draft EIS for purposes of determining a CEQR fee.
(b) For residential projects, the total project cost shall
be calculated on the cost of the land plus the cost of all
required site improvements, not including the cost of buildings
and structures. In the case of such projects, the fee charged by
an agency may not exceed two percent of the total project cost.
(c) For nonresidential construction projects, the total
project cost shall be calculated on the cost of supplying utility
service to the project, the cost of site preparation and the cost
of labor and material as determined with reference to a current
cost data publication in common usage. In the case of such
projects the fee charged may not exceed one half of one percent
of the total project cost.
(d) For projects involving the extraction of minerals, the
total project cost shall be calculated on the cost of site
preparation for mining. Site preparation cost shall mean cost of
clearing and grubbing and removal of over - burden for the entire
56
area to be mined plus the cost of utility services and
construction of access roads. The fee charged by the agency may
not exceed one half of one percent of the total project costs.
For those costs to be incurred for phases occurring three or more
years after issuance of a permit, the value of project cost shall
be determined using a present value calculation.
(e) Where an applicant chooses not to prepare a draft EIS,
the lead agency shall provide the applicant, upon request, with
an estimate of the costs for preparing such statement calculated
on the total cost of the project for which funding or approval is
sought.
(f) "Appeals procedure ". When a dispute arises concerning
fees charged to an applicant by a lead agency, the applicant may
make a written request to the agency setting forth reasons why it
is felt that such fees are inequitable. Upon receipt of a
request the chief fiscal officer of the agency or his /her
designee shall examine the agency record and prepare a written
response to the applicant setting forth reasons why the
applicant's claims are valid or invalid. Such appeal procedure
shall not interfere with or cause delay in the EIS process or
prohibit an action from being undertaken.
36.18 CONFIDENTIALITY.
When an applicant submits a completed EAF, draft or final
EIS, or otherwise provides information concerning the
environmental impacts of a proposed project, the applicant may
request that specifically identified information be held
confidential upon a showing by the applicant that such request
for confidentiality is consistent with the Freedom of Information
Law (FOIL) Article 6 of the Public Officers Law. Prior to
divulging any such information, the agency must comply with the
requirements of FOIL.
36.19 SEVERABILITY.
If any section of this ordinance or its application to any
person or circumstances is judged invalid by a court of competent
jurisdiction, such an order or judgment will be confined in its
operation to the controversy in which it was rendered and will
not affect or invalidate the remainder of any provision of any
section of this ordinance or the application of any part thereof
to any other persons or circumstances. To this end the
provisions of each section of the ordinance are declared to be
severable.
36.20 APPENDICES
Appendices A, B, C, D, E, F, G, H and I are model forms
which may be used to satisfy this ordinance or may be modified in
accordance with section 36.2 of this ordinance.
* 17.3 An Ordinance Amending Section 30.37 Entitled 'Off- street
Parking' of Chapter 30 Entitled 'Zoning' of the City of Ithaca
Municipal Code
By Alderperson Peterson: Seconded by Alderperson Johnson
ORDINANCE NO. 90 -
AN ORDINANCE AMENDING SECTION 30.37 ENTITLED 'OFF- STREET
PARKING' OF CHAPTER 30 ENTITLED 'ZONING' OF THE CITY OF ITHACA
MUNICIPAL CODE.
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. Chapter 30.37(A)(4) of the Municipal Code is
hereby amended as follows:
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That portion of the said section reading:
Auditorium, theatre, bar, 1 five seats
tavern, restaurant
is hereby deleted and replaced with the following:
Auditorium, theatre
Bar, tavern and restaurant
Section 2. Effective Date.
1 five seats
1 fifty square feet of
net floor area of the
assembly space
This Ordinance shall take effect immediately and in
accordance with law upon publication of a notice as provided in
Section 3.11(B) of the Ithaca City Charter. ( Effective date -
September 11, 1990 - Publication Date)
Carried Unanimously
Change of Meeting Date for Charter and Ordinance Committee
Alderperson Peterson announced that the committee has changed
their meeting dates to the second Thursday of the month.
Posting of Signs and Posters - Report
Alderperson Peterson reported that the committee discussed the
posting of signs and posters at their August meeting and it will
be discussed at the meeting in September.
PLANNING AND DEVELOPMENT COMMITTEE:
* 18.1 Environmental Quality Bond Act Application /Northside Park
By Alderperson Hoffman: Seconded by Alderperson Schroeder
WHEREAS, the City of Ithaca's "Recreational Plan" of 1968 and "A
General Plan" of 1971 and "Community Renewal Program" of 1973
identified the need for additional recreational and open space in
the Northside area, and
WHEREAS, neighborhood residents have requested that the city
maintain some open space at this location since the Community
Gardens moved from it in 1982, and
WHEREAS, the need for access to Ithaca's waterways and the
development of bikeways were subjects of the Ithaca Waterways
Study of 1976 and the Bikeways Study of 1975, and
WHEREAS, the city recognizes the block commonly known as the
"Pogo Parcel" as a significant open space resource, and
WHEREAS, the Interim Parks Commission unanimously passed a
resolution on August 16, 1990 asking Common Council to make an
application under the Environmental Quality Bond Act to fund
both the acquisition and development of a new park in the
Northside; now, therefore, be it
RESOLVED, that the Common Council endorses the application under
the Environmental Quality Bond Act to fund the acquisition and
(400.11 development of a Northside park to be located on the eastern
third of what is now known as the "Pogo Parcel." If the City wins
and accepts the grant, it will be committed to decommission and
dedicate as park the 50' right -of -way of Lake Avenue between
Adams Street and Route 13, to decommission and dedicate as park
the portion of Franklin Street west of Lake Avenue adjacent to
the park, the same distance as the park, and possibly dedicate
the Cascadilla Creek bed between Hancock Street and Route 13
including as much land outside the creek bed that would not
interfere with the necessary right -of -way of Willow Avenue and
the portion of Lake Avenue between Hancock and Adams streets.
F'Q
Alderperson Hoffman suggested that the words "adjacent to the
park" be added to the 8th line of the Resolved paragraph after
the words "Lake Avenue ".
Discussion followed on the floor with Planning Director Van Cort
answering questions from Council members.
Alderperson Booth suggested that the word "donate" in the 6th,
7th, and 9th line of the Resolved clause be changed to
"dedicate ".
The suggestions by Alderpersons Hoffman and Booth were accepted
by the Council and therefore the resolution was changed to
include the new wording.
The voting on the resolution resulted as follows:
Ayes (8) - Blanchard, Johnson, Daley, Peterson, Hoffman,
Golder, Booth, Schroeder
Nays (2) - Romanowski, Cummings
Carried
Cornell Campus Master Plan - Discussion
Alderperson Hoffman invited Council members to the next meeting
of the Planning and Development Committee on Monday, September
17th, at 7 o'clock. There will be a special presentation at the
beginning of the meeting on the Cornell University Campus Master
Plan.
Transit Facility: Investigation of Southwest Park as Alternate
Site
Alderperson Hoffman reported that the issue of relocating the
Transit Facility was discussed at the Planning and Development
Committee in August. The Superintendent of Public Works
explained to the committee the long term implications of the
siting of the joint transit facility.
Alderperson Hoffman reported that the City is taking the
necessary preliminary steps to build a substantial joint public
transit maintenance facility at the current site of the DPW
maintenance facility, which is across from the Golf Course. He
stated that by doing this and selling part of the City parcel to
the County for the facility, he believes that the City and the
County are making a long term commitment to use that site for
public works functions, in fact, at a much more intense level
than it is currently being used. He said that he feels that the
decision to do this is being made indirectly, without planning,
financial or technical questions being answered and without real
consideration of what the best long term use of that site would
be.
Alderperson Hoffman stated that Alderperson Daley has pointed out
that there is the alternative of Southwest Park which is a much
larger City owned area that would allow for expansion for other
public work uses. The City authorized and paid for a
consultant's study which told us we could not fit all the
functions that we wanted on the current site, even if we were to
buy adjacent property, which would be expensive.
Alderperson Hoffman further stated that in his opinion, it is
becoming more and more likely that adjacent to Southwest Park
there will be a baling station. If that is so, that type of use
makes housing or even recreational open space use in the
Southwest Park area much less feasible and attractive. That
creates an argument that public works functions might be more
matched to its neighbors in that location than next to the Golf
Course in an area that he thinks has some potential for
attractive uses.
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Alderperson Hoffman said that it is clear to him that the main
engine that is driving this indirect decision is the possible
availability of the grant from UMPTA for the transit facility.
He believes it is short - sighted not to consider options and
consider all the implications of making a long -term commitment to
that site.
Alderperson Blanchard, who is serving on the committee that
involves the four potential owners of this facility, Cornell, the
County, Gadabout and the City, stated that she has talked with
individuals at the NYS DoT, who are managing this project from
the standpoint of the Urban Mass Transportation Administration
grant and the State's contribution to the financing. She said
that her conversations with those individuals suggested strongly
that we are not well advised to consider other sites, moving this
site, or doing anything further at this point other than going
along with this project as currently planned and the plan
P1. includes the use of the DPW site on Willow Avenue.
CO Further discussion followed on the floor. Mayor Nichols assured
(T) Council he will pursue getting as many facts as possible
regarding this matter.
CO INTERGOVERNMENTAL RELATIONS COMMITTEE:
* 19.1 Sale of Land to the Science Discovery Center
By Alderperson Daley: Seconded by Alderperson Schroeder
WHEREAS, the Science Discovery Center of Tompkins County, Inc. is
interested in constructing a Science Center in the City of
Ithaca, and
WHEREAS, Common Council believes that the existence of such a
Science Center in the City of Ithaca will have many benefits to
the City of Ithaca, including but not limited to, providing and
improving cultural and educational benefits for City residents,
increasing tourism in the City, and increasing land values in the
surrounding neighborhoods, and
WHEREAS, the Science Discovery Center of Tompkins County would
like the Science Center to be located on an approximately one
acre parcel of land which previously housed the former sewage
treatment; and
WHEREAS, the property has an appraised value, if it were zoned as
B -4, of $159,000., and
WHEREAS, Common Council has previously determined that since the
property is currently zoned P -1 and is intended to remain zoned
P -1 and, further considering the deed restrictions which are to
be applied to the property, that the full value of this property
is $104,000, and
WHEREAS, notice of the proposed sale has been published in the
Ithaca Journal at least once each week for three weeks, the first
such notice being published no less than 30 days prior to today's
date in accordance with Section 3.9(40) of the Ithaca City
Charter;
now, therefore, in consideration of the above factors, be it
RESOLVED, That the Mayor is hereby authorized to enter into an
agreement with the Science Discovery Center of Tompkins County,
Inc. to convey to the Science Discovery Center of Tompkins
County, Inc. that tract or parcel of land known as the westerly
one half of the "Old Sewage Treatment Plant Site" being an
approximately one acre parcel of land encompassing the westerly
one half of tax parcel 25 -2 -1 on the terms and conditions set
forth in the purchase agreement.
Alderperson Booth noted that the City will pay for an
environmental assessment under this contract.
`a `1
Me
Discussion followed regarding the purchase agreement.
A vote on the resolution resulted as follows:
Ayes (9) - Blanchard, Romanowski, Peterson, Hoffman, Daley,
Golder, Johnson, Cummings, Schroeder
Nay (1) - Booth
Carried
* 19.2 Sale of City Hall Annex
City Attorney Guttman explained to the Council the procedures
that can be used to sell City properties.
Resolution
By Alderperson Blanchard: Seconded by Alderperson Golder
WHEREAS, the City wishes to sell the City Hall Annex; now,
therefore, be it
RESOLVED, That the City Attorney, pursuant to Section 3.9(40) of
the City Charter, is authorized to advertise in the legal notice
section and in the real estate section of the Ithaca Journal for
offers for the property at or exceeding full value, conditioned
on the buyer's knowledge that the bridge between the annex and
City Hall will be a part of the sale but that the entrances to
City Hall from the bridge will be eliminated and further
conditioned on a restrictive covenant in the deed requiring the
approval of the Ithaca Landmarks Preservation Commission for any
modifications to the facade of the building.
Discussion followed on the floor.
Alderperson Cummings suggested that in the Resolved clause,in the
second to the last line, the word "City" be deleted and the
words "Ithaca Landmarks Preservation Commission" be inserted.
Her wording was accepted by the Council and therefore, the
wording was changed./.,co-
Further discussion followed on the floor with Planning and
Development Director Van Cort answering questions from Council
members.
Motion to Refer to Committee
By Alderperson Blanchard: Seconded by Alderperson Golder
RESOLVED, That the matter of the Sale of the City Hall Annex be
referred back to the Intergovernmental Relations Committee for
further review and report back to the Common Council.
Carried Unanimously
Motion to Extend Deadline of Meeting
By Alderperson Romanowski: Seconded by Alderperson Daley
RESOLVED, That this Common Council meeting be extended until
11:30 p.m.
Carried Unanimously
NEW BUSINESS•
Sewer Use Ordinance - Report
Alderperson Blanchard stated that she will be putting the report
in the Alderperson's mailboxes.
22.1 Appeal from Aladdin's Restaurant
By Alderperson Daley: Seconded by Alderperson Golder
RESOLVED, That the appeal from Aladdin's Restaurant regarding the
canopy on the building, that at one point is only 8 feet above
the sidewalk, be granted.
Discussion followed on the floor.
A vote on the resolution resulted as follows:
Carried Unanimously
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Executive Session
On a motion the Common Council adjourned into Executive Session
at 11:30 p.m. to discuss the Supreme Court decision on the baling
station case.
Carried Unanimously
Regular Session
The Council reconvened in regular session at 12:05 a.m. and the
following resolution was presented.
Resolution by Alderperson Blanchard
Resolu
By ltion son Booth: Seconded
WHEREAS, The City has received an unfavorable ruling in
connection with its lawsuit to prevent Tompkins County from
constructing and operating a Central Processing Facility at the
Commercial Avenue site; now, therefore, be it
RESOLVED, That an amount not to exceed $10,000 be transferred
from account A1990 Unrestricted Contingency, to account A1420-
co co 435, City Attorney Contractual Services, to pursue an appeal
relative to such action.
Ayes (6) - Johnson, Cummings, Blanchard, Romanowski, Daley,
m Schroeder
Q Nays (4) - Booth, Hoffman, Peterson, Golder
Carried
ADJOURNMENT
On a motion the meeting adjourned at 12:10 a.m.
(woo
Callista F. Paolange i
City Clerk
133
Beni in Nichols (�;o
Mayor