HomeMy WebLinkAboutMN-CC-2003-12-03 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm December 3, 2003
PRESENT:
Mayor Cohen
Alderpersons (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
City Controller – Thayer
Planning and Development Director – Van Cort
Deputy Planning and Development Director – Cornish
Economic Development Director – McDonald
Community Development Director - Bohn
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
EXCUSED:
Alderperson Cogan
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Human Resources Committee:
Alderperson Peterson requested the deletion of Item 8.3 as a Resolution was
previously adopted in 1998 that addressed this issue.
COMMUNICATIONS / PROCLAMATIONS:
City Clerk Holcomb announced that the re-broadcast of the Special Common
Council meeting in which the Cornell University and City of Ithaca Memorandum
of Understanding will be on Thursday, December 11, 2003 and Saturday,
December 13, 2003 at 7:00 am, 1:00 pm, and 7:00 pm.
Mayor Cohen presented a proclamation condemning terrorism to members of the
Cornell/Israel Public Affairs Committee.
SPECIAL ORDER OF BUSINESS:
Public Hearing to Consider the Proposed Disposition of Property in
Conjunction with Phase I of the Cayuga Green Project (235 S. Cayuga
Street)
Resolution to Open Public Hearing:
By Alderperson Whitmore: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider the Proposed Disposition of
Property in Conjunction with Phase I of the Cayuga Green Project (235 S.
Cayuga Street) be declared open.
Carried Unanimously
The following people addressed Common Council:
Fay Gougakis, City of Ithaca
Joel Harlan, Town of Newfield
December 3, 2003
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Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider the Proposed Disposition of
Property in Conjunction with Phase I of the Cayuga Green Project (235 S.
Cayuga Street) be declared closed.
Carried Unanimously
Public Hearing to Consider the Proposed Disposition of Property in
Conjunction with the Cayuga Green Project (Green Street and Seneca
Street Parking Garages)
Resolution to Open Public Hearing:
By Alderperson Hershey: Seconded by Alderperson Vaughan
RESOLVED, That the Public Hearing to Consider the Proposed Disposition of
Property in Conjunction with the Cayuga Green Project (Green Street and
Seneca Street Parking Garages) be declared open.
Neil Oolie, City of Ithaca addressed comments to Common Council.
Resolution to Close Public Hearing:
By Alderperson Hershey: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider the Proposed Disposition of
Property in Conjunction with the Cayuga Green Project (Green Street and
Seneca Street Parking Garages) be declared closed.
Carried Unanimously
A Public Hearing to Consider an Amendment to the Southwest Area Zoning
District
Resolution to Open Public Hearing:
By Alderperson Manos: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider an Amendment to the
Southwest Area Zoning District be declared open.
Carried Unanimously
The following people addressed Common Council:
Joel Harlan, Town of Newfield
Joe Wetmore, Town of Ithaca
Neil Oolie, City of Ithaca
Fay Gougakis, City of Ithaca
Resolution to Close Public Hearing
By Alderperson Pryor: Seconded by Alderperson Hershey
RESOLVED, That the Public Hearing to Consider an Amendment to the
Southwest Area Zoning District be declared closed.
Carried Unanimously
A Public Hearing to Consider an Amendment to Chapter 325 of the City of
Ithaca Municipal Code entitled “Zoning” regarding Telecommunication
Facilities and Services
Resolution to Open Public Hearing:
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider an Amendment to Chapter 325
of the City of Ithaca Municipal Code entitled “Zoning” regarding
Telecommunication Facilities and Services be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Pryor: Seconded by Alderperson Mack
RESOLVED, That the Public Hearing to Consider an Amendment to Chapter 325
of the City of Ithaca Municipal Code entitled “Zoning” regarding
Telecommunication Facilities and Services be declared closed.
Carried Unanimously
December 3, 2003
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A Public Hearing to Consider Revisions to the Waterfront Zoning District
Resolution to Open Public Hearing:
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearting to Consider Revisions to the Waterfront
Zoning District be declared open.
Carried Unanimously
The following people addressed Common Council:
Joel Harlan, Town of Newfield
Neil Oolie, City of Ithaca
Fay Gougakis, City of Ithaca
Resolution to Close Public Hearing:
By Alderperson Pryor: Seconded by Alderperson Mack
RESOLVED, That the Public Hearting to Consider Revisions to the Waterfront
Zoning District be declared closed.
Carried Unanimously
A Public Hearing to Consider the Adoption of the Northside Neighborhood
Plan
Resolution to Open Public Hearing:
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider the Adoption of the Northside
Neighborhood Plan be declared open.
Carried Unanimously
The following people addressed Common Council:
Fay Gougakis, City of Ithaca
Joel Harlan, Town of Newfield
John Hamilton, City of Ithaca
Flora Sagan, City of Ithaca
Paul Moore, City of Ithaca
Joanna Green, City of Ithaca
Leslyn McBean, City of Ithaca
Josh Abrams, City of Ithaca
Resolution to Close Public Hearing:
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the Public Hearing to Consider the Adoption of the Northside
Neighborhood Plan be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Joel Harlan, T/Newfield – Thank you to Mayor Cohen and Common Council for
years of service.
Joe Wetmore, T/Ithaca – Opposition of Controller’s ability to cover red accounts.
Mary Raddant Tomlan, C/Ithaca – Opposition of transfer of Economic
Development Director from the Planning Department to the Mayor’s Office.
Matthew Peterson, T/Ithaca – Opposition to Walmart development
Andrea Rankin, C/Cortland – Opposition to Walmart development
Susan Titus, T/Ithaca – Opposition to Walmart development
Jamie Weinstein, Cornell/Israel Public Affairs Committee – support of Israel
proclamation
Josh Katcher, Cornell University Democrats – support of Israel proclamation
Alex Shapero, Cornell University Jewish Student Union – support of Israel
proclamation
Michelle Fernandes, Cornell University Student Assembly – support of Israel
proclamation
Ari Stern, Cornell/Israel Public Affairs Committee – support of Israel proclamation
Neil Oolie, C/Ithaca – Lack of information regarding the Bond Resolution
Melissa Kacalanos, C/Ithaca – Ithaca Police Department Corruption Investigation
December 3, 2003
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Leslyn McBean Clairborne, Tompkins County Legislature – requested delay of
implementation of Local Law to provide tax exemptions for capital improvement
of residential buildings
Daniel Hoffman, C/Ithaca – CEQR Ordinance is true compromise from CAC and
City staff
Rimon Barr, T/Ithaca – support of Israel proclamation
RESPONSE TO PUBLIC:
Alderperson Pryor thanked everyone who came out to speak and spoke in favor
of the Israel proclamation.
Alderperson Whitmore spoke in favor of the Israel proclamation and responded
to comments made by County Legislator McBean and suggested that the local
law on tax exemptions be added to the Budget and Administration Committee for
further discussion.
Alderperson Blumenthal requested further discussion on the tax exemption local
law.
Alderperson Hershey responded to comments made about Walmart.
Mayor Cohen responded to comments made regarding the Israel proclamation.
He further stated that he would be meeting with County Officials regarding the
tax exemption local law. Mayor Cohen responded to comments made about the
Bond Resolution that Common Council will consider tonight, and explained the
process followed to approve projects funded with bonds. Mayor Cohen
addressed comments made about the transfer of the Economic Development
Director position to the Mayor’s Office, and further responded to comments made
about the authority of the City Controller to cover red accounts.
CONSENT AGENDA:
7.1 DPW/Streets & Facilities – Request to Amend the Personnel Roster-
Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, the Assistant Superintendent of Public Works has evaluated the
needs of his department and has determined that certain job title adjustments are
needed, and
WHEREAS, the changes will allow for a promotional opportunity while saving the
City $3,807 in the 2004 budget; now, therefore, be it
RESOLVED, That Common Council hereby amends the DPW (Streets and
Facilities) 2003 personnel roster as follows:
Delete: One (1) Maintainer (40 hrs)
Add: One (1) Truck Driver (40 hrs)
Carried Unanimously
7.2 DPW/Streets & Facilities - Request to Hire Above Minimum -
Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, the Department of Public Works has been unable to attract qualified
and experienced candidates for the position of Automotive Mechanic at the current
starting salary because the entry hourly rate is not competitive with commercial
garages or other local government agencies, and
WHEREAS, the CSEA DPW unit contract provides for hiring at a rate above the
minimum in view of special circumstances or scarcity of qualified employees
upon approval by Common Council, and
December 3, 2003
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WHEREAS, the funds for this higher staring salary rate are available in the
Department of Public Works budget; now, therefore, be it
RESOLVED, That Common Council hereby grants approval to hire the
Automotive Mechanic at a starting salary rate of $10.50.
Carried Unanimously
7.3 An Ordinance Amending Section 325-9 and Section 325-16 of
Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”
regarding Telecommunications Facilities and Services
A. Declaration of Lead Agency – Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, State Law and Section 176.6 of the City Code require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary
responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed amendment to Section 325-9 and Section 325-16 of
the City of Ithaca Zoning Ordinance is a "Type I" Action pursuant to CEQR which
requires review under the City's Environmental Quality Review Ordinance; now,
therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposed Amendment to
Section 325-9, and Section 325-16 of the City of Ithaca Zoning Ordinance.
Carried Unanimously
B. Determination of Environmental Significance - Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, the City of Ithaca is considering a proposal to amend Sections 325-9
and 325-16 of the City of Ithaca Zoning Ordinance, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Forms (FEAF), and
WHEREAS, this rezone has been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the New York State General Municipal Law,
which requires all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department,
and has also been reviewed by the City of Ithaca Conservation Advisory Council,
and the City of Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a Type I Action under the City Environmental
Quality Review Act (CEQR Sec.176-12B), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency,
reviewed the FEAF prepared by planning staff and has determined that the
adoption of the proposed zoning change will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby
adopts as its own, the finding and conclusions more fully set forth in the Full
Environmental Assessment Form, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on
the environment, and that further environmental review is unnecessary, and be it
further
December 3, 2003
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RESOLVED, That this resolution constitutes notice of this negative declaration
and that the City Clerk is hereby directed to file a copy of the same, together with
any attachments, in the City Clerk’s Office, and forward the same to any other
parties as required by law.
Carried Unanimously
C. Adoption of Ordinance
By Alderperson Manos: Seconded by Alderperson Mack
ORDINANCE ________, 2003
BE IT ORDAINDED AND ENACTED by the Common Council of the City of
Ithaca, New York as follows:
Section 1. Section §325-9(C)(j) of Section 325-9(C) entitled “Special Permits”
shall be amended as follows:
C. Special permits.
(1) Applicability. The uses listed under the district regulations in § 325-8 which
require a special permit from the Board of Appeals are as follows:
(a) Cemeteries in all districts.
(b) Public utility facilities in all residential districts.
(c) Private schools in all residential districts.
(d) Nursery schools or child day-care centers in R-2 and R-U Districts.
(e) Neighborhood retail or service commercial facilities in R-2 and R-3
Districts.
(f) Hospitals or sanatoriums in R-3 Districts.
(g) In P-1 Districts, within 200 feet of adjoining residential districts, any
use other than public recreation, classrooms or living
accommodations. In such P-1 Districts, living accommodations
within 200 feet of adjoining residential districts shall conform to the
use and area regulations applying to the strictest of such adjoining
residential districts.
(h) Signs in all districts, as provided in the Sign Ordinance.
(i) Home occupations in all Residential Zoning Districts require a
temporary special permit unless the home occupation meets all the
following criteria:
[1] The occupation does not carry a stock of
merchandise or store materials for resale or use in the
occupation, except a reasonable supply of office
supplies customarily incidental to a small office.
[2] The occupation does not create traffic or need for
parking beyond that which is customarily incidental to
the residential use of the property. Factors that are
not to be considered incidental to residential use are
regularly scheduled events such as deliveries, client
or customer visits or similar events.
[3] The occupation requires or performs no exterior
alterations and maintains no exterior display visible
from outside the residence (including vehicles with
signage parked outside of the buildings) except a
nameplate as permitted by Municipal Code Chapter
272.
[4] The occupation does not create any noise, vibration,
smoke, dust or objectionable effects not customarily
incidental and accessory to the residential use of the
property.
(j) In any district, towers or structures for the transmission or receipt of
radio or other electronic communications signals, except towers or
structures subject to Article V-A of the City Code, §325.29.4,
entitled “Telecommunications Facilities and Services,” unless:
December 3, 2003
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[1] The towers or structures are antennas or satellite
dishes with a maximum dimension of six feet or less;
[2] Such antennas or satellite dishes are not in a front
yard;
[3] The maximum height (top to bottom) of such antenna
or satellite dish, when combined with attached
mounting supports, is 10 feet or less; and
[4] Such antennas or satellite dishes, if they are to be
located where they would ordinarily be visible from a
public way adjoining the property, are subject to the
following conditions:
[a] If in a residential zone or on a lot abutting or
across a street or waterway from a residential
zone, they shall be screened from such view.
[b] In all other locations, they shall be screened from
such view or be of a color and/or in a location that
will minimize their visual impact.
(k) Towers or structures intended for use in the generation of electricity
for the premises on which such tower is located in any district.
(l) Community or neighborhood gardens in all districts
(m) (Reserved)
(n) Group adult day-care facilities in R-2 Districts.
(o) Any use not permitted as of right in the I-1 Zoning District
(p) Redemption centers in B-2 Districts
(q) Bed-and-breakfast homes and bed-and-breakfast inns.
Section 2. Section 325-9(C)(4)(b) of 325-9(C) entitled “Special Permits” shall be
amended as follows:
(4) Specific standards applicable to certain uses requiring special permits.
Certain uses listed in the district regulations in § 325-8 as requiring a special
permit must conform to the applicable conditions set forth in this subsection.
(a) Neighborhood retail or service commercial facilities in R-2 and R-3
Districts:
[1] The applicant must furnish information as to the specific goods
or services offered and the nature, size and hours of operation
of the facility proposed in sufficient detail to enable the Board
of Appeals to determine whether the use conforms to the
limitations specified in the definition of this category. (See §
325-3.)
[2] The response of those notified by the appellant as required in
the procedures set forth in § 325-40, as well as that expressed
at the public hearing, should be a principal factor in the
Board's decision to grant the special permit.
(b) Towers or structures for the transmission or receipt of electronic
communications signals in connection with any commercial or
business enterprise in any zone except towers or structures subject to
Article V-A of the City Code, §325.29.4, entitled “Telecommunications
Facilities and Services”:
[1] Applicants must furnish information on the nature of the
business requiring such means of communication, including
reasons why such tower or structure must be located on the
premises in question.
[2] Applicants shall furnish the Board of Zoning Appeals with
scale drawings of the proposal, including, as a minimum, a plot
plan of the premises involved showing lot lines and the accurate
locations of all buildings or structures on the premises and on
each adjacent lot, as well as the locations of the proposed tower
and all guy wires, poles or anchors, and a sketch elevation of the
premises accurately depicting the proposed tower and its
relationship to structures on the premises and to the nearest
structures on adjacent lots.
December 3, 2003
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[3] Applicants shall provide sufficient information, including
manufacturer's specifications or engineering data, to assure the
Board that the proposed tower or structure will not unnecessarily
obstruct the view from neighboring properties, that the tower
support system meets manufacturer's specifications or
engineering requirements and that the tower and its supports will
be adequately safeguarded against structural damage by persons
or vehicles and against unauthorized climbing.
[4] The response of those notified by the appellant as required
in the procedures set forth in § 325-40, as well as that expressed
at the public hearing, should be a principal factor in the Board's
decision to grant the special permit.
Section 3. Section 325-16(A)(d) of Section 325-16 of the City Code, entitled
“Height regulations” shall be amended as follows:
A. Exceptions.
(1) The height limitations of this chapter shall not apply to:
(a) Church spires, belfries or towers, cupolas, mechanical
penthouses, stairtowers and domes not intended for human
occupancy.
(b) Chimneys, ventilators, skylights, water tanks, bulkheads and
similar features and necessary mechanical equipment mounted
above roof level, including devices for solar power.
(c) Towers or structures, including satellite dishes, for the
transmission or receipt of radio or other electronic signals for the
noncommercial use and enjoyment of occupants of the
premises, including television, ham radio, citizens' band, MARS
and similar operations in connection with hobbies and home
entertainment
(d) Towers or structures for the transmission or receipt of electronic
communications signals in connection with any commercial or
business enterprise under conditions which meet with any
supplementary safety regulations thereto, except, further, that
such towers or structures shall require special permits for
accessory uses as provided in § 325-9 above except for those
towers or structures subject to Article V-A of the City Code,
§325.29.4 entitled “Telecommunications Facilities and Services”
which shall not be required to obtain a special permit.
(e) Towers or structures intended for use in the generation of
electricity for the premises on which such tower is located,
except, further, that such structures shall require special permits
as provided in § 325-9.
(2) In no case shall the horizontal surface area covered or occupied by
such feature exceed 20% of the total ground floor area of the building
or 30% of the area of the roof plane on which it is located, whichever
is less. If erected as a structure separate from a building existing on
the premises, such structure shall conform to the area regulations of
this chapter (§ 325-8 above) as to coverage (combined with other
structures), lot size and yard dimensions, which shall be computed
from the nearest point of any structural or supporting member, pole
or guy wire to lot lines. In all cases, the surface area occupied by
such feature shall be computed as the total area encompassed by a
line enclosing the feature and any structural or supporting members
on a horizontal plane at the point of attachment to the main building
or to the ground.
Section 4. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon
publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
December 3, 2003
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7.4 Acceptance of Parking Lot Located on the east side of Taughannock
Boulevard, and known as Parcel #114, by the City of Ithaca from the NY
State Department of Transportation - Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, The New York State Department of Transportation (NYSDOT) has
completed the construction of NYS Route 96 Improvements, PIN 3047.04, in the
City of Ithaca, and
WHEREAS, as part of that project the State included the construction of a
parking lot on the east side of Taughannock Boulevard, known as Parcel #114,
pursuant to Section 10, Subdivision 39 of the Highway Law, and
WHEREAS, it was, and is, the intent of NYSDOT to convey title to this parcel to
the City of Ithaca, and
WHEREAS, Common Council, by Resolution passed in November 1994,
approved the construction of the parking lot as well as agreeing to its
maintenance as a public parking lot; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby accepts the
deeding over from NYS DOT to the City of Ithaca the above-referenced parking
lot for use as a public parking lot, and be it further
RESOLVED, That the City of Ithaca hereby agrees as a term of such acceptance
that the parcel will be maintained as a public parking lot with no change in use
without the express approval of the NYS DOT, and be it further
RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified
copies of the foregoing resolution to the NYS Department of Transportation.
Carried Unanimously
7.5 Acceptance of Parking Lot Located on the Northeast corner of the
Intersection of Fulton Street and West Court Street, known as Parcel #115,
by the City of Ithaca from the NY State Department of Transportation -
Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, the New York State Department of Transportation (NYSDOT) has
completed the construction of NYS Route 96 Improvements, PIN 3047.04, in the
City of Ithaca, and
WHEREAS, as part of that project the State included the construction of a
parking lot at the corner of West Court Street and Fulton Street, known as Parcel
#115, pursuant to Section 10, Subdivision 39 of the Highway Law, and
WHEREAS, it was, and is, the intent of NYS DOT to convey title of this parcel to
the City of Ithaca, and
WHEREAS, Common Council, by Resolution passed in November 1994,
approved the construction of the parking lot as well as agreeing to its
maintenance as a public parking lot; now therefore be it
RESOLVED, That the Common Council of the City of Ithaca hereby accepts the
deeding over from NYS DOT to the City of Ithaca the above-referenced parking
lot for use as a public parking lot, and be it further
RESOLVED, That the City of Ithaca hereby agrees as a term of such acceptance
that the parcel will be maintained as a public parking lot with no change in use
without the express approval of the NYSDOT, and be it further
RESOLVED, That the City Clerk is hereby directed to transmit five (5) certified
copies of the foregoing resolution to the NYS Department of Transportation.
Carried Unanimously
December 3, 2003
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7.6 Finance/Controller – Request to Amend 2003 Budget for Fire
Department - Resolution
By Alderperson Manos: Seconded by Alderperson Mack
WHEREAS, the Ithaca Fire Department has received several different sources of
revenues and corresponding expenses over the course of the year that were not
budgeted for in 2003, and
WHEREAS, the sources of revenues range from grants, donations,
reimbursements and insurance recoveries in varying amounts, with a total of
$24,192.63; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2003 Authorized Budget
for said Fire Department items as follows:
Increase Revenue Accounts
A3410-2680 Insurance Recoveries $ 2,561.59
-2690 Other Compensation for Loss 14,531.04
-2705 Gifts and Donations 2,500.00
-2770 Unclassified Revenue 4,600.00
$24,192.63
Increase Appropriation Accounts
A3410-5110-12100 Staff Salary $ 420.00
-5125-12100 Overtime 4,915.94
-5125-12200 Overtime 7,369.57
-5210-12100 Office Equipment 1,580.00
-5440-12100 Staff Development 920.00
-5440-12350 Staff Development 4,600.00
-5460-12250 Program Supplies 1,630.43
-5475-12250 Property Maintenance 2,561.59
-5477-122250 Equipment Parts 195.10
$24,192.63
Carried Unanimously
7.7 Chamberlain – Request Approval of M&T Bank Public Funds
Certification - Resolution
By Alderperson Manos: Seconded by Alderperson Mack
RESOLVED, That:
1. Manufacturers and Traders Trust Company (“M&T Bank”), a New York
banking corporation, is hereby designated a depository for the City of
Ithaca (the “Depositor”) and the City of Ithaca Chamberlain, Debra A.
Parsons is hereby authorized to open one or more deposit accounts from
time to time (each an “Account”) on behalf of Depositor;
2. M&T Bank may purchase, give credit for, cash, accept, certify and pay
from funds on deposit in the Account, without inquiry, all items signed,
drawn, accepted or endorsed on behalf of Depositor, whether under a
title, the words “Authorized Signature” or otherwise, with the actual or
purported facsimile signature of any one of the officials whose names,
capacities and specimen signatures appear above or on a Rider hereto,
or his or her successor in office (each an “Authorized Signer”),
regardless of the circumstances under which the signature shall have
become affixed so long as the signature is the actual signature of an
Authorized Signer or resembles the facsimile signature of an Authorized
Signer previously certified to M&T Bank. Depositor shall indemnify M&T
Bank against all claims, damages, liabilities, costs and expenses
(including, but not limited to, attorneys’ fees and disbursements) incurred
by M&T Bank in connection with honoring any signature of any
Authorized Signer (including any facsimile signature that resembles the
December 3, 2003
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facsimile signature of an Authorized Signer previously certified to M&T
Bank) or any refusal to honor the signature of any person who is not an
Authorized Signer. Depositor acknowledges and agrees that any
requirement of Depositor that any item or other instrument for the
payment of money signed, drawn, accepted or endorsed on behalf of
Depositor bear the signature of more than one Authorized Signer is
solely an internal requirement of Depositor and imposes no duty of
enforcement on M&T Bank;
3. Any Authorized Signer may, on behalf of Depositor, transact with and
through M&T Bank all such business as he or she deems advisable upon
such terms as he or she deems proper, including, but not limited to,
obtaining an undertaking and pledge of collateral for uninsured balances
in the Account, entering into custodial agreements concerning such
collateral, obtaining such loans and other extensions of credit as may be
consistent with applicable law, discounting, selling, assigning, delivering
and negotiating items, guaranteeing the obligations of others pursuant to
applicable law, applying for letters of credit, electronic funds transfers,
capital markets products, automated clearing house (“ACH”) payments,
cash management, trust and investment products and any other services
or transactions, and, in compliance with all applicable law and
procedures, pledging, hypothecating, assigning, mortgaging,
encumbering, granting security interests in and otherwise creating liens
upon Depositor’s property, whether real or personal, tangible or
intangible (“Property”), as security for loans and other extensions of
credit, and in connection with any such transaction of business do all
acts or other things as he or she shall deem proper including, but not
limited to, signing, drawing, accepting, executing and delivering items,
guarantees, assignments, pledges, hypothecations, receipts, waivers,
releases and other instruments, agreements and documents, making and
receiving delivery of Property, accepting, receiving, withdrawing and
waiving demands and notices and incurring and paying liabilities, costs
and expenses;
4. In the event an Authorized Signer acting on behalf of Depositor shall
apply to or contract with M&T Bank for any electronic funds transfer
service that M&T Bank may make available to Depositor, including, but
not limited to, any service that contemplates M&T Bank’s execution of
payment orders initiated by Depositor for the wire or ACH transfer of
funds to or from an Account of Depositor, such Authorized Signer shall
be empowered on behalf of Depositor to designate one or more persons
(who may, but need not be, Authorized Signers), each of whom, acting
alone, shall be authorized on behalf of Depositor to transmit payment
orders to M&T Bank for the transfer of funds to or from Depositor’s
Account;
5. Each person identified as an Authorized Signer, and each person or
persons designated by an Authorized Signer to act on behalf of
Depositor (who may, but need not be, Authorized Signers), shall have
the power and authority to transact business and bind Depositor through
electronic medium (e.g., the internet) and M&T Bank may rely on any of
the following to the same extent as the actual signature and proof of
identity of each such person to bind Depositor: any electronic signature
or digital signature, under applicable law, of such person; an identifier
issued by M&T Bank, its affiliates or any other party (e.g., Personal
Identification Number associated with ATM or other card or any access
device) to such person; or any other criteria that M&T Bank may
reasonably rely on which may serve as an indicator of authentication for
such person.
Carried Unanimously
December 3, 2003
12
HUMAN RESOURCES COMMITTEE:
8.1 Youth Bureau – Request to Amend Personnel Roster - Resolution
By Alderperson Peterson: Seconded by Alderperson Sams
WHEREAS, the United States Department of Justice has informed the Youth
Bureau that they will receive a $220,000 Juvenile Mentoring Program (JUMP)
grant for 10/1/03 to 9/30/06 to develop the Beverly J. Martin (BJM) School
Mentoring Project, and
WHEREAS, this grant will enable the Youth Bureau Big Brother/Big Sister
Program to provide a variety of new services to BJM students requiring additional
personnel; now, therefore, be it
RESOLVED, That Common Council hereby amends the Youth Bureau 2003
personnel roster as follows:
Add: One (1) Youth Program Coordinator (35 hrs)
One (1) Recreation Assistant (25 hrs)
Carried Unanimously
8.2 Finance/Human Resources – Request Approval for 2004 Health
Insurance Rates for Retirees - Resolution
By Alderperson Peterson: Seconded by Alderperson Mack
WHEREAS, the City currently charges City retirees and those employees on
leaves of absence $171.14 per month for individual health insurance coverage
and $391.87 per month for family coverage, and
WHEREAS, the City has not adjusted retirees’ health insurance rates since
January, 1998, and
WHEREAS, the 2004 estimated cost of the City’s health insurance program for
such individuals as projected by Blue Cross/Blue Shield, have been increased to
$386.55 per month for individual coverage and $885.14 per month for family
coverage, and
WHEREAS, in light of the significant increase in past years in health insurance
rates and the related hardship these increases would have caused City retirees
and persons on leaves of absence had the City charged full rates, the City has
adopted a policy of not charging the full rate increases to these individuals, and
WHEREAS, due to the long period of time since rates were increased, the
Controller and Human Resources Director are recommending phasing the
increase over three years, and
WHEREAS, the 1998 rates charged to retirees were 90% of the City’s actual
cost; now, therefore, be it
RESOLVED, That, effective July 1, 2004, the 2004 monthly rate of health
insurance coverage for retirees and those employees on leaves of absence be
established at $213.93 for individual coverage and $489.84 for family coverage,
which represents a 25% increase over the current retiree health insurance rate
charged, and, be it further
RESOLVED, That the 2004 retiree health insurance rate will represent 55% of
the City’s 2004 actual cost, and, be it further
RESOLVED, That retiree rates for 2005 and 2006 shall increase and be
established at the following rates:
2005 – 25% increase over 2004 rates; single monthly coverage $267.41,
family monthly coverage $612.30
2006 – 30% increase over 2005 rates; single monthly coverage $347.63,
family monthly coverage $795.99,
December 3, 2003
13
and, be it further
RESOLVED, Once the retiree health insurance rate reaches 90% of the actual
City cost, the retiree rates shall be adjusted annually by the City Controller to
maintain the 90% proportionate share, and, be it further
RESOLVED, That Human Resources will send out the appropriate notification to
retirees regarding said health insurance increase.
Alderperson Vaughan acknowledged that this Resolution would affect Common
Council members who are leaving office and are intending to use the COBRA
benefit.
Discussion followed on the floor regarding a previous Resolution that fixed health
insurance rates for employees who retired prior to July 1, 1987.
Motion to Refer to Committee:
By Alderperson Whitmore: Seconded by Alderperson Manos
RESOLVED, That this item be referred to the Budget & Administration
Committee for further consideration.
Carried Unanimously
8.3 City Attorney’s Office – Request to Donate Sick Leave
This item was withdrawn from the agenda.
RECESS:
Common Council recessed at 9:00 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 9:20 p.m.
10. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
10.1 An Ordinance Amending Chapter 325 of the City of Ithaca Municipal
Code Entitled “Zoning” to Amend the Southwest Area Zoning District
Alderperson Vaughan disclosed that she owns property in this area and recused
herself from the discussion and consideration of this item.
Alderperson Manos disclosed that her husband owns property in this area and
that she has conferred with the City Attorney who has stated that there is not a
conflict of interest, so that she would participate in the discussion and
consideration of this item.
A. Declaration of Lead Agency - Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, State Law and Section 176.6 of the City Code require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary
responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed amendment to the City of Ithaca Southwest Area
Zoning District is a "Type I" Action pursuant to CEQR which requires review
under the City's Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposed Amendment to
the City of Ithaca Southwest Area Zoning District.
Carried Unanimously 8-0
(Vaughan Recusal)
December 3, 2003
14
B. Determination of Environmental Significance - Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca is considering a proposal to amend the Southwest
Area Zoning District, and
WHEREAS, appropriate environmental review has been conducted including the
preparation of the Full Environmental Assessment Forms (FEAF), and
WHEREAS, this action has been reviewed by the Tompkins County Planning
Department Pursuant to §239-l–m of the New York State General Municipal Law,
which requires all actions within 500 feet of a county or state facility, including
county and state highways, be reviewed by the County Planning Department,
and has also been reviewed by the City of Ithaca Conservation Advisory Council,
and the City of Ithaca Planning and Development Board, and
WHEREAS, the proposed action is a Type I Action under the City Environmental
Quality Review Act (CEQR Sec.176-12B), and
WHEREAS, the Common Council of the City of Ithaca, acting as Lead Agency,
reviewed the FEAF prepared by planning staff and has determined that the
adoption of the proposed zoning change will not have a significant effect on the
environment; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby
adopts as its own, the finding and conclusions more fully set forth in the Full
Environmental Assessment Form, and, be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and, be it
further
RESOLVED, That this resolution constitutes notice of this negative declaration
and that the City Clerk is hereby directed to file a copy of the same, together with
any attachments, in the City Clerk’s Office, and forward the same to any other
parties.
Carried Unanimously 8-0
(Vaughan Recusal)
C. Adoption of Ordinance
By Alderperson Manos: Seconded by Alderperson Pryor
ORDINANCE 03-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca
as follows:
Section 1. Chapter 325 of the City of Ithaca Municipal Code entitled “Zoning”
be hereby amended to read as follows:
§325-3. Definitions and word usage
STRUCTURE -- is anything that is constructed or erected on the ground or upon
another structure or building. “Structure” includes constructed parking spaces,
parking areas, and buildings.
§ 325-20. Off-street parking
J. Parking the Southwest Area
Parking Areas are not permitted in the first 100' measured from the
nearest curb of a public street, unless the minimum setback
requirements for the Southwest Area Zoning District have been met
in accordance with 325-29.2B(1) through (3)
December 3, 2003
15
§ 325-29.2.
B. Building Setback
1. SW-1: A minimum of 60% of a lot's street frontage must be occupied by a
building or buildings with a maximum set back of 30 feet from the curb.
The Planning Board may allow a portion, not to exceed a third of the
required sixty-percent-building frontage, to be occupied by an integrated
architectural wall
2. SW-2: A minimum of 35% of a lot's street frontage must be occupied by a
building or buildings with a maximum setback of 34 feet from the curb and
a minimum setback of 15’. The Planning Board may allow a portion, not to
exceed a third of the required thirty-five-percent-building frontage, to be
occupied by an integrated architectural wall.
3. SW-3: Same as SW-2
4. Alternative building setback in all Southwest Zoning Districts: In lieu of
compliance with 325-29.2B(1) through (3) a building may have a minimum
setback of 100’ measured from the nearest curb of a public street.
Carried Unanimously 8-0
(Vaughan Recusal)
10.2 IURA Designation as Lead Agency to Develop and Administer the
Consolidated Plan - Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, on June 6, 2003 the Office of Management & Budget (OMB) issued
OMB Bulletin No. 03-04 that revised the definition of a Metropolitan Statistical
Area (MSA) and recognized 49 new MSAs, and
WHEREAS, under the revised definition, a MSA must have at least one
urbanized area of 50,000 or more population, plus adjacent territory that has a
high degree of social and economic integration with the core as measured by
community ties, and
WHEREAS, the 2000 Census reports that the City of Ithaca is the principal city of
28,775 persons within a larger “Ithaca, NY Urbanized Area” containing 53,538
persons, and
WHEREAS, the OMB and the US Census now recognize the City of Ithaca as
the principal city of a new MSA, and
WHEREAS, the central city of a MSA is eligible to receive noncompetitive
formula-based grants through the Community Development Block Grant (CDBG)
Entitlement program administered by the U.S. Department of Housing & Urban
Development (HUD) upon submission of an acceptable Consolidated Plan, and
WHEREAS, the Ithaca Urban Renewal Agency (IURA) anticipates the City of
Ithaca will be recognized by HUD as a CDBG entitlement community beginning
in FY 2004, and
WHEREAS, the City of Ithaca must develop and submit a 5-year Consolidated
Plan to be eligible to receive funds through the CDBG Entitlement program, and
WHEREAS, the Consolidated Plan is a 5-year plan that describes community
needs, resources, priorities and proposed activities to be undertaken with HUD
funds and must include the following five main components:
A description of the Lead Agency or entity responsible for
overseeing the development of the Consolidated Plan and a
description of the process undertaken to develop the plan;
A housing and homeless needs assessment;
December 3, 2003
16
A housing market analysis;
A 5-year strategic plan; and
A one-year Action Plan, and
WHEREAS, the IURA is currently managing and administering the Small Cities
CDBG program on behalf of the City of Ithaca, including the development of
proposed grant applications, and has developed the skills, knowledge, and
capacity to manage and administer the Consolidated Plan process in compliance
with HUD regulations, and
WHEREAS, the Common Council is scheduled to consider a proposed resolution
to designate the IURA as the Lead Agency to develop and administer the
Consolidated Plan at their November 5, 2003 meeting; now, therefore, be it
RESOLVED, That the Common Council hereby designates the IURA as the Lead
Agency for the development and administration of the Consolidated Plan, and, be
it further
RESOLVED, That the IURA is requested to develop a recommended
Consolidated Plan and Action Plan for consideration by the Common Council for
approval and submission to HUD.
Carried Unanimously
10.3 An Ordinance to Amend Chapter 176 of the City of Ithaca Municipal
Code entitled “Environmental Quality Review”
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca Environmental Quality Review Ordinance
(CEQRO) currently differs from the State Environmental Quality Review Act
(SEQR) in many ways, and
WHEREAS, the City of Ithaca Common Council recognizes that many of these
differences are minor and consist of discrepancies in numbering and format, and
WHEREAS, these minor discrepancies cause confusion to applicants and project
sponsors seeking to comply with both City and State environmental review for
projects in the City of Ithaca, and
WHEREAS, the existing ordinance contains conflicts between the State Type II
Actions and the City of Ithaca Type I Actions, and revisions have been made in
an effort to eliminate these conflicts, and
WHEREAS, changes to the City Ordinance are not subject to environmental
review, however an optional public hearing was held for the adoption of these
CEQR revisions on September 3, 2003: so therefore
ORDINANCE 03-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York as follows:
Carried Unanimously
** DUE TO THE SIZE OF THIS ORDINANCE, IT IS LOCATED AT THE END OF
THE MINUTES**
Northside Neighborhood Plan – Declaration of Lead Agency Status for
Environmental Review Resolution
By Alderperson Manos: Seconded by Alderperson Whitmore
WHEREAS, State Law and Section 176.6 of the City Code require that a lead
agency be established for conducting environmental review of projects in
accordance with local and state environmental law, and
December 3, 2003
17
WHEREAS, State Law specifies that for actions governed by local environmental
review, the lead agency shall be that local agency which has primary
responsibility for approving and funding or carrying out the action, and
WHEREAS, the proposed adoption of the Northside Neighborhood Plan is a
"Type I" Action pursuant to CEQR which requires review under the City's
Environmental Quality Review Ordinance; now, therefore, be it
RESOLVED, That Common Council of the City of Ithaca does hereby declare
itself lead agency for the environmental review of the proposed adoption of the
Northside Neighborhood Plan as an amendment to the City’s Comprehensive
Plan.
Discussion followed on the floor with Alderpersons Sams and Whitmore thanking
city staff and the Northside neighborhood for their hard work on this project.
They further expressed the need for the city to help neighborhoods realize the
visions they put forth.
A vote on the Resolution resulted as follows:
Carried Unanimously
Northside Neighborhood Plan - Determination of Environmental
Significance - Resolution
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, the City of Ithaca is proposing the adoption of Northside
Neighborhood Plan, as an amendment to the City’s Comprehensive Plan, and
WHEREAS, the Plan, dated August 2003 was prepared by Northside
Neighborhood residents in conjunction with the City of Ithaca Planning and
Development Department staff, the Neighborhood Planning Workshop of Cornell
University’s Department of City and Regional Planning, Tompkins County
Cooperative Extension and staff from the Ithaca Police Department’s Community
Policing Unit, and
WHEREAS, appropriate environmental review for the adoption of the Northside
Neighborhood Plan has been conducted including the preparation of a Long
Environmental Assessment Form, (LEAF) Parts I, II, and III, and
WHEREAS, the proposed action is an Type I action under the City Environmental
Quality Review Act (CEQR Sec. 176-12B), and
WHEREAS, Common Council of the City of Ithaca, acting as Lead Agency, has
reviewed the LEAF Parts I and II, dated August 20 2003, and has determined
that adoption of the proposed plan as an amendment to the City’s
Comprehensive Plan will not have a significant effect on the environmental; now,
therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby
adopts as its own, the finding and conclusions more fully set forth in the Long
Environmental Assessment Form, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on
the environment, and that further environmental review for the adoption of this
plan is unnecessary, and be it further
RESOLVED, That major project proposals for the project area are subject to
environmental review under both the City Environmental Quality Review
Ordinance and the State Environmental Quality Review Act, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration
and that the City Clerk is hereby directed to file a copy of the same, together with
December 3, 2003
18
any attachments, in the City Clerk’s Office, and forward the same to any other
parties as required by law.
Carried Unanimously
Northside Neighborhood Plan - Adoption as an Amendment to the City of
Ithaca’s Comprehensive Plan - Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, the City's Economic Development Plan states that "the ultimate
purpose of economic development is to make the city a better place to live" and
calls for the City to develop and implement action-based and comprehensive
neighborhood improvement plans, and
WHEREAS, recognizing that the quality of life in Ithaca's residential
neighborhoods is critical to the overall health and welfare of the city the Common
Council has authorized the preparation of neighborhood plans, and
WHEREAS, the Northside neighborhood, in conjunction with the City of Ithaca
Department of Planning & Development, the Neighborhood Planning Workshop
of Cornell University’s Department of City and Regional Planning, Tompkins
County Cooperative Extension and City of Ithaca Community Policing staff has
structured and conducted a participatory planning process that has resulted in
the Northside Neighborhood Plan, dated August 2003, and
WHEREAS, shaped by the shared priorities and goals of participating residents
and stakeholders, the Northside Neighborhood Plan builds upon neighborhood
assets in the formulation of strategies to strengthen neighborhood quality of life,
and
WHEREAS, the Common Council has reviewed the Northside Neighborhood
Plan, and
WHEREAS, the Northside Neighborhood Plan presents a priority list of action
steps culled from the many ideas put forward during the planning process to be
considered by the Common Council with respect to the City's policy-making,
capital budgeting process, and grant requests such as the City's Community
Development Block Grant applications and other funding sources as appropriate,
and
WHEREAS, implementation of individual projects and programs included in the
Northside Neighborhood Plan will undergo separate review by appropriate
boards and committees and environmental review under both the City
Environmental Quality Review Ordinance and the State Environmental Quality
Review Act and will be coordinated where practical with the projected activities
and schedules of involved city departments, and
WHEREAS, at the meeting held on September 23, 2003, the Board of Planning
and Development recommended by resolution, the adoption of the Northside
Plan as an amendment to the City’s comprehensive Plan, and
WHEREAS, members of the Common Council are in favor of the Northside
Neighborhood Plan, now, therefore, be it
RESOLVED, That the Common Council adopts the Northside Neighborhood
Plan as an amendment to the City’s Comprehensive Plan.
Carried Unanimously
December 3, 2003
19
11. BUDGET & ADMINISTRATION COMMITTEE:
11.1 Common Council – Funding Request from Multicultural Resource
Center
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the Multicultural Resource Center (MRC) is in need of funds to
assist the agency in closing their 2003 budget deficit, and
WHEREAS, they are requesting $5,000 for the city to assist them in closing their
budget deficit; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of an amount
not to exceed $5,000 for account A1990 Unrestricted Contingency to account
A1012-5435 Community Service Agencies Contracts for the purposes of
assisting MRC with their 2003 budget deficit.
Discussion followed on the floor regarding the city’s budgetary constraints and
how other requests for funding have been treated.
Motion to Call the Question:
By Alderperson Whitmore: Seconded by Alderperson Blumenthal
RESOLVED, That the Question be called.
Ayes (6) Manos, Pryor, Whitmore, Blumenthal, Vaughan, Peterson
Nays (3) Hershey, Mack, Sams
Carried
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (5) Hershey, Manos, Sams, Whitmore, Peterson
Nays (4) Pryor, Blumenthal, Vaughan, Mack
Failed
11.2 DPW/TCAT – Request to Amend TCAT Consolidation Agreement -
Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, TCAT has drafted a Strategic Plan that identifies as one of its
objectives the formation of a single transit organization with one employer, and
WHEREAS, the formation of a single transit organization has been delayed and it
is hopeful a resolution on the single entity formation can be made in 2005, and
WHEREAS, the existing April 1, 1998 TCAT Consolidated Agreement, which
created the joint venture structure, was amended in November, 2002 to extend the
contract beyond the original five-year termination date, and
WHEREAS, that amendment is now expiring and the original contract needs an
additional amendment to extend the joint venture; now, therefore, be it
RESOLVED, That Common Council hereby directs the Mayor to sign the second
amendment to the original amended TCAT Consolidation Agreement to allow for
said extension and language changes.
Carried Unanimously
11.3 DPW – Request to Authorize Funds from Capital Reserve for Green
Street Parking Repairs - Resolution
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, a condition survey of the Green Street Parking Garage indicated
several minor repairs are needed to be completed to the garage before the end
of the year, and
December 3, 2003
20
WHEREAS, the estimated cost for the minor repairs is $15,000, and
WHEREAS, the Capital Reserve #14 Parking Areas has been previously
established for this purpose, and
WHEREAS, the condition survey also indicated several other more permanent
repairs are needed to the Green Street Garage in the next year, and
WHEREAS, these repairs will be more fully examined with a staff
recommendation early in 2004; now, therefore, be it
RESOLVED, Common Council hereby authorizes the expenditure of an amount
not to exceed $15,000 from Capital Reserve #14 Parking Areas for the purposes
of completing the necessary minor repairs on the Green Street Parking Garage.
Discussion followed on the floor regarding the nature and scope of the repairs.
Superintendent Gray stated that all of the work will be performed at night, and
that the parking garage will be fully accessible during the holiday season.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.4 A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,979,284 SERIAL
BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, AND
THE APPROPRIATION OF $250,000 GRANTS-IN-AID TO PAY THE COST OF
VARIOUS OBJECTS OR PURPOSES IN AND FOR SAID CITY.
By Alderperson Vaughan: Seconded by Alderperson Whitmore
BOND RESOLUTION DATED DECEMBER 3, 2003.
WHEREAS, all conditions precedent to the financing of the capital projects
hereinafter described, including compliance with the provisions of the State
Environmental Quality Review Act, have been performed; and
WHEREAS, it is now desired to authorize the financing of such capital projects;
now, therefore, be it
RESOLVED, by the Common Council of the City of Ithaca, Tompkins County, New
York, as follows:
Section 1. For the specific objects or purposes or classes of objects or
purposes of paying the costs of the following capital improvements or capital
acquisitions in and for the City of Ithaca, Tompkins County, New York, each of
which is to be undertaken or used in and for said City, there are hereby authorized
to be issued $4,979,284 serial bonds of said City pursuant to the provisions of the
Local Finance Law, apportioned among such improvements in accordance with the
maximum estimated cost of each, except as otherwise provided below. Such
improvements are as follows:
a) To pay costs of the purchase and installation of computer software, including
incidental expenses in connection therewith, at a maximum estimated cost
of $400,000. It is hereby determined that the period of probable usefulness
of the aforesaid specific object or purpose is five years, pursuant to
subdivision 81 of paragraph a of Section 11.00 of the Local Finance Law;
b) To pay costs of a final phase of the ongoing program for the acquisition and
installation of parking meters, including incidental expenses in connection
therewith, at a maximum estimated cost of $30,000. It is hereby determined
that the period of probable usefulness of the aforesaid class of objects or
purposes is five years, pursuant to subdivision 50 of paragraph a of Section
11.00 of the Local Finance Law; and
c) To pay costs of the purchase and installation of a generator in City Hall,
including incidental expenses in connection therewith, at a maximum
estimated cost of $80,000. It is hereby determined that the period of
December 3, 2003
21
probable usefulness of the aforesaid specific object or purpose is ten years,
pursuant to subdivision 13 of paragraph a of Section 11.00 of the Local
Finance Law; and
d) To pay part of the cost of a 2004 street and road construction program to be
undertaken by Department of Public Work employees, at various locations in
said City, including incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $985,000. It is hereby
determined that the plan of financing of the aforesaid street and road
construction program is by the issuance of $735,000 serial bonds and by the
expenditure of $250,000 monies expected to be received as aid from the
Consolidated Highway Improvement Program. It is hereby determined that
the period of probable usefulness of the aforesaid class of objects or
purposes is fifteen years, pursuant to subdivision 20(c) of paragraph a of
Section 11.00 of the Local Finance Law; and
e) To pay the City's share of the cost of the purchase of various transit vehicles
and equipment, at a maximum estimated cost of $29,000. It is hereby
determined that the period of probable usefulness of the aforesaid class of
objects or purposes is five years, pursuant to subdivision 89 of paragraph a
of Section 11.00 of the Local Finance Law was each object or purpose of
said class has a period of probable usefulness of five years or more,
pursuant to subdivisions 28 or 29 of paragraph a of Section 11.00 of the
Local Finance Law.
f) To pay costs of the General Information Systems improvements, including
incidental expenses in connection therewith, at a maximum estimated cost
of $25,000. It is hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is five years, pursuant to subdivision
89 of paragraph a of Section 11.00 of the Local Finance Law, as each object
or purpose of said class has a period of probable usefulness of at least five
years or more under subdivisions 32, 49, 52, 53, 53-a or 81; and
g) To pay the cost of the Department of Public Works Sidewalk Program, in
and for said City, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of $75,000. It is hereby
determined that the period of probable usefulness of the aforesaid class of
objects or purposes is ten years, pursuant to subdivision 24 of paragraph a
of Section 11.00 of the Local Finance Law; and
h) To pay the cost of the purchase of construction or maintenance equipment
for use by various City Departments, including incidental improvements and
expenses in connection therewith, at a maximum estimated cost of
$221,000. It is hereby determined that of said $221,000 construction and
maintenance equipment $42,000 is for items costing $15,000 or less,
$82,000 is for items costing $15,000 but less than $30,000 and $97,000 is
for items costing $30,000 or more. It is hereby determined that the period of
probable usefulness of the aforesaid items of equipment costing $15,000 or
less is five years, pursuant to subdivision 28 of paragraph a of Section 11.00
of the Local Finance Law; that the period of probable usefulness of the
aforesaid items of equipment costing more than $15,000 but less than
$30,000 is ten years, pursuant to subdivision 28 of paragraph a of Section
11.00 of the Local Finance Law, and that the period of probable usefulness
of the aforesaid items of equipment costing in excess of $30,000 is fifteen
years, pursuant to subdivision 28 of paragraph a of Section 11.00 of the
Local Finance Law; and
i) To pay the cost of the purchase of police cars, including incidental expenses
in connection therewith, at a maximum estimated cost of $115,000 to
replace similar vehicles which have been in service for one year or more. It
is hereby determined that the period of probable usefulness of the aforesaid
class of objects or purposes is three years, pursuant to subdivision 77 of
paragraph a of Section 11.00 of the Local Finance Law; and
j) To pay the purchase of a passenger vehicle, including incidental expenses
in connection therewith, at a maximum estimated cost of $16,000, to replace
a similar vehicle which has been in service for three years or more. It is
hereby determined that the period of probable usefulness of the aforesaid
December 3, 2003
22
specific object or purpose is three years, pursuant to subdivision 77 of
paragraph a of Section 11.00 of the Local Finance Law; and
k) To pay the cost of City Building Code Compliance building improvements, in
and for said City, including incidental improvements and expenses in
connection therewith, at a maximum estimated cost of $153,500. It is
hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is ten years, pursuant to subdivision 90 of
paragraph a of Section 11.00 of the Local Finance Law, as each component
thereof has a period of probable usefulness of at least ten years under one
or more of subdivisions 12 or 13 of said paragraph a of Section 11.00 of the
Local Finance Law; and
l) To pay the cost of firefighting water delivery equipment, including incidental
improvements and expenses in connection therewith, at a maximum
estimated cost of $73,000. It is hereby determined that the period of
probable usefulness of the aforesaid specific object or purpose is twenty
years, pursuant to subdivision 27 of paragraph a of Section 11.00 of the
Local Finance Law; and
m) To pay the cost of Seneca Street Parking Garage Improvements - Phase III,
including incidental improvements and expenses in connection therewith, at
a maximum estimated cost of $1,023,000. It is hereby determined that the
period of probable usefulness of the aforesaid specific object or purpose is
twenty years pursuant to subdivision 12(a)(1) of paragraph a of Section
11.00 of the Local Finance Law; and
n) To pay the cost of computer equipment for internet and network
communication purposes for various City departments, including software
necessary therefor, at a maximum estimated cost of $200,000. It is hereby
determined that the period of probable usefulness of the aforesaid specific
object or purpose is five years pursuant to subdivision 32 of paragraph a of
Section 11.00 of the Local Finance Law;
o) To pay the cost of a bike master plan for the City of Ithaca, including
incidental expenses in connection therewith, at a maximum estimated cost
of $100,000. It is hereby determined that the period of probable usefulness
of the aforesaid specific object or purpose is five years pursuant to
subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law;
provided, however, that the amount of serial bonds ultimately to be issued
will be reduced by the amount of any State and/or Federal aid received by
said County for such specific object or purpose.
p) To pay the cost of the Cayuga Green Study and Design Phase II, including
incidental expenses in connection therewith, at a maximum estimated cost
of $1,223,000. It is hereby determined that the period of probable
usefulness of the aforesaid specific object or purpose is five years pursuant
to subdivision 62 of paragraph a of Section 11.00 of the Local Finance Law;
q) To pay additional costs of City traffic light upgrades, including incidental
expenses in connection therewith, at a maximum estimated cost of
$872,784 (including the $130,000 serial bonds authorized by bond
resolution dated August 2, 2000 and $582,000 serial bonds also
previously authorized by bond resolution dated July 9, 2003); revised
maximum estimated cost of this class of objects or purposes is now
$872,784; amount of serial bonds authorized by this bond resolution,
$160,784; provided, however, that the amount of obligations ultimately to be
issued will be reduced by any State and/or Federal grants-in-aid to be
received by said City for said purpose. It is hereby determined that the
period of probable usefulness of the aforesaid class of objects or purposes is
twenty years, pursuant to subdivision 72(a) of paragraph a of Section 11.00
of the Local Finance Law; and
r) To pay additional costs of conceptual design and a hydrology and
engineering study for the Cayuga Green Development Project, including
incidental expenses in connection therewith, at a maximum estimated cost
of $1,480,000 (including the $500,000 serial bonds previously authorized by
bond resolution dated July 24, 2002, $45,000 serial bonds previously
authorized by bond resolution dated December 19, 2001 and $250,000
serial bonds previously authorized by bond resolution dated December 4,
December 3, 2003
23
2002 and $400,000 also previously authorized by bond resolution dated July
9, 2003); revised maximum estimated cost of this specific object or purpose
is now $1,480,000; amount of serial bonds issued hereby is $285,000. It is
hereby determined that the period of probable usefulness of the aforesaid
specific object or purpose is five years, pursuant to subdivision 62 of
paragraph a of Section 11.00 of the Local Finance Law; and
s) To pay additional costs of the reconstruction of various City buildings,
including original furnishings, equipment, machinery, apparatus,
appurtenances, and incidental improvements and expenses in connection
therewith, at a maximum estimated cost of $1,206,625 (including the
$1,171,625 serial bonds previously authorized by bond resolution dated
January 8, 1997); revised maximum estimated cost of this class of objects or
purposes is now $1,206,625; amount of serial bonds issued hereby is
$35,000. It is hereby determined that the period of probable usefulness of
the aforesaid specific object or purpose is twenty years, pursuant to
subdivision 12(a)(1) of paragraph a of Section 11.00 of the Local Finance
Law.
Section 2. The aggregate maximum estimated cost of the aforesaid specific
objects or purposes and classes of objects or purposes is $5,229,284, and the plan
for the financing thereof is by the issuance of the $4,979,284 serial bonds
authorized by Section 1 hereof, allocated to each specific object or purpose or class
of objects or purposes in accordance with the maximum estimated cost of each set
forth in Section 1 hereof (net of the $250,000 funds expected to be received for the
class of objects or purposes described in paragraph d of Section 1 above).
Section 3. Subject to the provisions of the Local Finance Law, the power to
authorize the issuance of and to sell bond anticipation notes in anticipation of the
issuance and sale of the serial bonds herein authorized, including renewals of such
notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes
shall be of such terms, form and contents, and shall be sold in such manner, as
may be prescribed by said City Controller, consistent with the provisions of the
Local Finance Law.
Section 4. The faith and credit of said City of Ithaca, Tompkins County, New
York, are hereby irrevocably pledged for the payment of the principal of and interest
on such obligations as the same respectively become due and payable. An annual
appropriation shall be made in each year sufficient to pay the principal of and
interest on such obligations becoming due and payable in such year.
Section 5. The bonds authorized pursuant to this bond resolution shall be in fully
registered form and shall be signed in the name of the City of Ithaca, Tompkins
County, New York, by the manual or facsimile signature of the City Controller and a
facsimile of its corporate seal shall be imprinted or impressed and may be attested
by the manual or facsimile signature of the City Clerk.
Section 6. The powers and duties of advertising such bonds for sale, conducting
the sale and awarding the bonds, are hereby delegated to the City Controller, who
shall advertise such bonds for sale, conduct the sale, and award the bonds in such
manner as he shall deem best for the interests of the City, including, but not limited
to, the power to sell said serial bonds to the New York State Environmental
Facilities Corporation, provided, however, that in the exercise of these delegated
powers, he shall comply fully with the provisions of the Local Finance Law and any
order or rule of the State Comptroller applicable to the sale of municipal bonds.
The receipt of the City Controller shall be a full acquittance to the purchaser of such
bonds, who shall not be obliged to see to the application of the purchase money.
Section 7. The power to issue and sell notes to the New York State
Environmental Facilities Corporation pursuant to Section 169.00 of the Local
Finance Law is hereby delegated to the City Controller. Such notes shall be of
such terms, form and contents as may be prescribed by said City Controller
consistent with the provisions of the Local Finance Law.
December 3, 2003
24
Section 8. The City Controller is hereby further authorized, at his sole discretion,
to execute a project financing and loan agreement, and any other agreements with
the New York State Department of Environmental Conservation and/or the New
York State Environmental Facilities Corporation, including amendments thereto,
and including any instruments (or amendments thereto) in the effectuation thereof,
in order to effect the financing or refinancing of the specific object or purpose
described in Section 1 hereof, or a portion thereof, by a serial bond, and, or note
issue of said City in the event of the sale of same to the New York State
Environmental Facilities Corporation.
Section 9. The intent of this resolution is to give the City Controller sufficient
authority to execute those applications, agreements, instruments or to do any
similar acts necessary to effect the issuance of the aforesaid serial bonds and, or
notes without resorting to further action of this Common Council.
Section 10. All other matters, except as provided herein relating to such bonds,
including determining whether to issue such bonds having substantially level or
declining annual debt service, including prescribing whether manual or facsimile
signatures shall appear on said bonds, prescribing the method for the recording of
ownership of said bonds, appointing the fiscal agent or agents for said bonds,
providing for the printing and delivery of said bonds (and if said bonds are to be
executed in the name of the City by the facsimile signature of its City Controller,
providing for the manual countersignature of a fiscal agent or of a designated
official of the City), the date, denominations, maturities and interest payment dates,
place or places of payment, and also including the consolidation with other issues,
shall be determined by the City Controller. It is hereby determined that it is to the
financial advantage of the City not to impose and collect from registered owners of
such serial bonds any charges for mailing, shipping and insuring bonds transferred
or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of
Section 70.00 of the Local Finance Law, no such charges shall be so collected by
the fiscal agent. Such bonds shall contain substantially the recital of validity clause
provided for in section 52.00 of the Local Finance Law and shall otherwise be in
such form and contain such recitals in addition to those required by section 52.00 of
the Local Finance Law, as the City Controller shall determine.
Section 11. The validity of such bonds and bond anticipation notes may be
contested only if:
1) Such obligations are authorized for an object or purpose for
which said City is not authorized to expend money, or
2) The provisions of law which should be complied with at the
date of publication of this resolution are not substantially complied
with, and an action, suit or proceeding contesting such validity is
commenced within twenty days after the date of such publication, or
3) Such obligations are authorized in violation of the provisions of
the Constitution.
Section 12. This resolution shall constitute a statement of official intent for
purposes of Treasury Regulations Section 1.150-1. Other than as specified in this
resolution, no monies are, or are reasonably expected to be, reserved, allocated on
long-term basis, or otherwise set aside with respect to the permanent funding of the
object or purpose described herein.
Section 13. This resolution, which takes effect immediately, shall be published in
full in the Ithaca Journal, the official newspaper, together with a notice of the City
Clerk in substantially the form provided in Section 81.00 of the Local Finance Law.
Alderperson Manos Aye Alderperson Pryor Aye
Alderperson Whitmore Aye Alderperson Sams Aye
Alderperson Vaughan Aye Alderperson Blumenthal Aye
Alderperson Peterson Aye Alderperson Mack Aye
Alderperson Cogan Absent Alderperson Hershey Aye
Carried Unanimously
December 3, 2003
25
11.5 Finance/Controller – Request Authorization to Cover Red Accounts
By Alderperson Vaughan: Seconded by Alderperson Mack
RESOLVED, That the City Controller be empowered to make transfers within the
2003 Budget appropriations, as needed, for the remainder of the 2003 Fiscal
Year.
Discussion followed on the floor regarding Common Council receiving a report of
all transaction made.
A vote on the Resolution resulted as follows:
Carried Unanimously
11.6 Adoption of 2004 Tax Rate
By Alderperson Vaughan: Seconded by Alderperson Whitmore
WHEREAS, the 2004 City of Ithaca Budget was approved, adopted and confirmed
in the total amount of $47,151,647 on November 5, 2003, in accordance with a
detailed Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $35,422,519 leaving
$11,729,128 as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2004, certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the
total net taxable valuation as $918,490,809, and
WHEREAS, under Charter provisions, the tax limit for City purposes amount to
$21,598,368 for 2004; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2004, be,
and the same hereby is, established and fixed at $12.77 per $1,000 of taxable
valuation as shown, certified and extended against the respective properties on the
2004 Tax Roll, thereby making a total tax levy, as near as may be, of $11,729,128,
and, be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is
levied upon and against the respective properties as shown on said City Tax Roll,
in accordance with their respective net taxable valuation, at the rate of $12.77 per
$1,000 of such taxable valuation, and, be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of
said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the
collection of said levy; and the Mayor and the City Clerk hereby are authorized and
directed to sign and affix the corporate seal to such warrant and forthwith to file the
same with said Tax Roll with the City Chamberlain, and, be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with
the City Chamberlain, the amounts of the City Tax set opposite each and every
property shall hereby become liens, due, payable and collectible in accordance with
provisions of the City Charter and other laws applicable thereto, and, be it further
RESOLVED, That the total sum of $47,151,647 be appropriated in accordance with
the Budget adopted, to the respective Boards, Offices and Departments of the City,
for the purposes respectively set forth therein. The 2004 Assessment Roll has
been completed and approved by the Assessment Department of Tompkins County
and resulted in the following valuation:
December 3, 2003
26
Total Value of Real Property $3,111,099,950
Less: Value of Exempt Property 2,215,719,400
$ 895,380,550
Plus: Value of Special Franchises $ 23,110,259
Net Value of Taxable Property $ 918,490,809
Carried Unanimously (10-0)
Mayor Cohen Voting Affirmatively
11.7 Mayor – Request Authorization of Memorandum of Understanding
between the City and Tompkins County on Dispatch Services - Resolution
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, the City of Ithaca and Tompkins County are seeking a consolidation
of the separate dispatch units into a single unit to promote greater efficiency and
improve the dispatch services to the residents of the City and County, and
WHEREAS, the City and County staff have developed the attached agreement
starting in July 2004 and continuing thereafter to consolidate the dispatch
operations; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the Mayor to sign the
attached Memorandum of Understanding regarding the consolidation of City and
County dispatch services effective July 1, 2004.
Discussion followed on the floor regarding the city being the only municipality in
the County paying for this service.
Fire Chief Wilbur offered a brief history of the dispatch service. He further voiced
concern that the contract doesn’t stipulate what services will be offered.
Mayor Cohen stated that he negotiated the financial portion of the agreement,
and that he will defer to Chief Wilbur to negotiate the operational side of the
agreement.
Motion to Table:
By Alderperson Whitmore: Seconded by Alderperson Blumenthal
RESOLVED, That this item be tabled pending further negotiations.
Ayes (8) Manos, Whitmore, Sams, Vaughan, Blumenthal,
Mack, Peterson, Hershey
Nays (1) Pryor
Carried
13. NEW BUSINESS:
13.1 Cayuga Green – Approval of Revised IURA Lease of Cayuga Garage
Premises to CDP Ithaca, Inc. from 36 to 40 Years – Resolution
By Alderperson Whitmore: Seconded by Alderperson Pryor
WHEREAS, on March 12, 2003 the Ithaca Urban Renewal Agency approved a
36-year term lease agreement with CDP Ithaca, Inc. for construction and
operation of the Cayuga Garage, subject to Common Council approval, and
WHEREAS, on May 21, 2003 the Common Council held a public hearing on the
proposed disposition, and
WHEREAS, on June 4, 2003 the Common Council approved the IURA-proposed
36-year lease with Community Development Properties, Ithaca, Inc. (CDP Ithaca)
of the Cayuga Garage premises for construction and operation of the Cayuga
Garage, and
WHEREAS, the Tompkins County Industrial Development Agency (IDA) has
agreed to issue variable rate demand civic facility revenue bonds to finance
construction of the Cayuga Garage on behalf of CDP Ithaca as the borrower, and
WHEREAS, in preparation for bond closing the IDA’s bond counsel, Harris Beach
LLP, reviewed all Cayuga Green resolutions adopted by the IURA and the
December 3, 2003
27
Common Council and recommends that the term of the lease to CDP Ithaca be
extended to 40 years to ensure compliance with regulatory requirements for the
type of bonds proposed to be issued, and
WHEREAS, on November 20, 2003 the IURA approved a revision of the lease to
CDP for the Cayuga Garage premises to extend the lease term to a time period
not to exceed 40 years, subject to Common Council approval, and
WHEREAS, in accordance with disposition procedures contained at Section 507
of Article 15 of General Municipal Law, a proposed IURA property disposition is
subject to approval by the Common Council after a public hearing held not less
than ten days after publication of a public notice in a newspaper of general
circulation that discloses the terms of the proposed disposition, and
WHEREAS, a public notice for the proposed IURA disposition was published in
the Ithaca Journal on November 19, 2003, and
WHEREAS, a public hearing was held by the Common Council on December 3,
2003, now therefore be it
RESOLVED, That the Common Council hereby approves the IURA-proposed
revised lease with CDP Ithaca of the Cayuga Garage premises to extend the
term to not exceed 40 years.
Motion to Enter into Executive Session
By Alderperson Whitmore: Seconded by Alderperson Vaughan
RESOLVED, That Common Council adjourn into Executive Session to discuss
the financial history of a particular corporation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with not formal action taken.
Discussion followed on the floor with Alderperson Blumenthal voicing her
opposition to the Resolution due to the location of the parking facility, and
concern regarding the potential revenue stream from the garage.
Main Motion:
A vote on the Main Motion resulted as follows:
Ayes (8) Manos, Pryor, Whitmore, Sams, Vaughan, Mack,
Peterson, Hershey
Nays (1) Blumenthal
Carried
13.2 Cayuga Green – Re-approve Lease of Seneca Street and Green Street
Parking Garages to IURA and Sublease by IURA to CDP and Financial
Assistance Agreement
By Alderperson Mack : Seconded by Alderperson Sams
WHEREAS, on June 6, 2003, in accordance with the Approved Financing
Structure for the construction of the Cayuga garage (the "Cayuga Garage"), the
Common Council authorized conveyance of a leasehold interest in both the
Seneca Street parking garage and the Green Street parking garage (the
"Seneca/Green Garages") to the IURA for a term not to exceed 40 years under
which revenues from operations at the Seneca/Green Garages will be revenues
of IURA under applicable provisions of Article 15-A of the General Municipal Law,
and
WHEREAS, the IURA was requested to develop a sublease of the Seneca/Green
Garages to CDP Ithaca (as defined below) to contribute to the implementation of
the financial structure that provides the most favorable long-term financing for the
construction of the Cayuga Garage, and
December 3, 2003
28
WHEREAS, the IURA has developed a proposed sub-lease to Community
Development Properties Ithaca, Inc. (CDP Ithaca), an affiliate of the National
Development Council, and
WHEREAS, by resolution duly adopted on October 7, 2003 (the "Original
Resolution"), the Common Council (i) authorized the City of Ithaca to enter into a
lease of the Seneca/Green Garages with the IURA (the "Garage Lease"), and (ii)
consented to IURA subleasing of the Seneca/Green Garages to CDP Ithaca (the
"Garage Sublease"); and
WHEREAS, the Original Resolution contemplated that the Garage Lease and the
Garage Sublease would (i) require IURA and CDP Ithaca to pay annual rentals to
the City in amounts sufficient to cover the City of Ithaca's parking fund expenses,
including the annual debt service obligations on its general obligation bonds
issued to finance the Seneca/Green Garages prior to making available any
revenues from the operation of the Seneca/Green Garages to the payment of the
Bonds (as defined below) and (ii) allow the City, through the Board of Public
Works, with the consent of the IURA, to set or modify parking rates for the
Seneca/Green Garages, and
WHEREAS, the City has been advised by the Tompkins County Industrial
Development Agency (the "Agency") and the City Corporation Counsel that in
order to implement the Approved Financing Structure (i) in the event of default on
the Bonds issued by the Agency for the construction of the Cayuga Garage (the
"Bonds") revenues from the Seneca Green Garages may be applied to the
payment thereof and the payment of other costs incurred in the operation
Cayuga Garage including, but not limited to credit enhancement fees, trustee
fees, remarketing agent fees, and other fees associated with the Bonds and the
Cayuga Garage and maintenance and operation costs, prior to the rental
payments under the Garage Lease or Garage Sublease and (ii) upon the sale in
foreclosure of the subleasehold estate of CDP Ithaca in and to the Seneca/Green
Garages or the assignment of such subleasehold estate in lieu of foreclosure (A)
the City shall no longer be obligated to repair, maintain, renovate or refurbish the
Seneca/Green Garages and (B) the purchaser or assignee may (I) discontinue
the operation of all or any part of the Seneca/Green Garages as parking facilities
open to the public, but may not convert the Seneca/Green Garages to any other
use and (II) set or modify parking rates, in each case, without the approval of or
consent by the City, and
WHEREAS, in accordance with the provisions of IURA land disposition policies
and §507 of General Municipal Law, the proposed lease of land by the IURA
requires approval by the Common Council following a public hearing on the
proposed disposition, and
WHEREAS, in compliance with General Municipal Law, a legal notice was
published in the November 22, 2003 edition of the Ithaca Journal for a public
hearing to be held on December 3, 2003 on the proposed IURA property
disposition, and
WHEREAS, a public hearing on the proposed disposition was held on December
3, 2003, and
WHEREAS, by resolution duly adopted by the City on June 4, 2003, the City
authorized and approved a certain Financial Assistance Agreement (the "FAA"),
pursuant to which the City agrees, subject to annual appropriation, to make
moneys available to IURA in amounts sufficient to pay IURA's rental obligations
under the Sublease Agreement with CDP for the Cayuga Garage; and
WHEREAS, Common Council has determined that it is in the public interest to
sustain a coordinated approach to parking in downtown Ithaca, including the
existing Green Street and Seneca Street Garages, the construction of the
Cayuga Garage and any other future parking structures and facilities; and
December 3, 2003
29
WHEREAS, the City desires to re-approve the FAA in substantially the form as
Exhibit A; now, therefore, be it
RESOLVED, That the Common Council hereby approves the following IURA-
proposed disposition to CDP Ithaca as follows:
Lessee: Ithaca Urban Renewal Agency
Sub-Lessee: Community Development Ithaca, Inc. (CDP Ithaca), an
affiliate of the National Development Corporation
Lease Premises: Seneca Street parking garage, 202-212 N. Aurora Street,
and the Green Street parking garage, 116-128 E. Green
Street, Ithaca, NY
Future Use: Continued operation as parking facilities open to the public.
Terms: 1. The lease/sublease terms shall not exceed 40 years.
2. Sublessee (or its designee) shall manage the
Seneca/Green Garages as parking facilities for public use at
rates established by the Board of Public Works, except upon
the sale in foreclosure of the subleasehold estate of CDP
Ithaca in and to the Seneca/Green Garages by the financial
institution or insurance company providing credit
enhancement for the bonds, or the assignment of such
subleasehold estate in lieu of foreclosure.
Rent: On an annual basis, an amount sufficient to pay the City’s
annual debt service obligations on its existing general
obligation bonds issued to finance Seneca/Green Garages
capital projects. The foregoing rental obligations are subject
to the sub-lessees prior pledge of all revenues derived from
the operation of the Seneca/Green Garages to the payment
of debt service on the Bonds and the payment of other costs
incurred in the operation of the Cayuga Garage including,
but not limited to credit enhancement fees, trustee fees,
remarketing agent fees, other fees associated with the
Bonds and the Cayuga Garage and maintenance and
operation costs.
Assignment: As security for the Bonds, the Sublessee may assign or
mortgage its subleasehold interest in Seneca/Green
Garages to the bond Trustee and/or the financial institution
or insurance company providing credit enhancement for the
Bonds. Notwithstanding the foregoing, upon the sale in
foreclosure of the subleasehold estate of CDP Ithaca in and
to the Seneca/Green Garages or the assignment of such
subleasehold estate in lieu of foreclosure (A) the City shall
no longer be obligated to repair, maintain, renovate or
refurbish the Seneca/Green Garages and (B) the purchaser
or assignee may (I) discontinue the operation of all or any
part of the Seneca/Green Garages as parking facilities open
to the public, but may not convert the Seneca/Green
Garages to any other use and (II) set or modify parking
rates, in each case, without the approval of or consent by the
City, and
RESOLVED, That the IURA shall be reimbursed from project Bond proceeds
and/or future parking revenues for any and all reasonable costs borne by the
IURA in accepting a leasehold interest and sub-leasing of the subject properties,
and be it further
December 3, 2003
30
RESOLVED, That the form of FAA as Exhibit A is hereby approved with such
changes as deemed necessary by City Corporation Counsel, and, be it further
RESOLVED, That the Mayor, upon review by the City Corporation Counsel, is
hereby authorized to sign any and all instruments necessary to implement this
resolution.
Community Development Director Bohn explained that this Resolution had been
previously adopted, however amendments had been requested. He reviewed
the changes to the legislation with Council members.
Extensive discussion followed on the floor regarding the terms of the agreement.
A vote on the Resolution resulted as follows:
Ayes (8) Pryor, Manos, Sams, Whitmore, Vaughan, Mack,
Peterson, Hershey
Nays (1) Blumenthal
Carried
13.3 Mayor – Request Amendment to Personnel Rosters to Transfer the
Position of Economic Development Director from the Planning and
Development Office to the Mayor’s Office – Resolution to be handed out at
Meeting
This item was withdrawn from the agenda and deferred to a Special meeting.
Alderperson Manos requested that the Human Resources Department conduct
and analysis on the impact this move would have on the organization.
Local Law for Tax Exemptions for Capital Improvements to Residential
Properties
Discussion followed on the floor regarding the concerns that were expressed by
County Legislator McBean Clairborne. The Tompkins County Assessment
Department has expressed concern that they have not been involved in
discussion about this law and how it will impact the Department. Concern was
also voiced about the lack of public information on this legislation.
Mayor Cohen stated that he and Mayor-Elect Peterson would continue
discussions with the Tompkins County Government Operations Committee.
13.4 DPW/Streets & Facilities – Request Approval to Submit Grant
Application to DEC for Northside/Southside Urban Forest Revitalization
Project – Discussion/Possible Resolution
By Alderperson Whitmore: Seconded by Alderperson Mack
RESOLVED, That Richard Ferrel, as Assistant Superintendent of Streets and
Facilities of the City of Ithaca, New York is hereby authorized and directed to file
an application for 50% matching funds in an amount not to exceed $25,000, and
upon approval of said request to enter into and execute a project agreement with
the New York State Department of Environmental Conservation for such financial
assistance to the city for the Northside/Southside Urban Forest Revitalization
Project.
Superintendent Gray confirmed that the required matching funds are monies
received by NYSEG for tree replacements.
A vote on the Resolution resulted as follows:
Carried Unanimously
December 3, 2003
31
16. APPROVAL OF MINUTES:
16.1 Approval of October 7, 2003 Special Common Council Meeting
Minutes - Resolution
By Alderperson Hershey: Seconded by Alderperson Whitmore
RESOLVED, That the October 7, 2003 Special Common Council Meeting
Minutes be approved as published.
Carried Unanimously
16.2 Approval of October 21, 2003 Special Common Council Meeting
Minutes - Resolution
Approval of these minutes was postponed.
ADJOURNMENT:
On a motion the meeting adjourned at 11:45 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor
December 3, 2003
32
10.3 An Ordinance to Amend Chapter 176 of the City of Ithaca Municipal
Code Entitled “Environmental Quality Review”
ORDINANCE 2003-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca,
New York as follows:
Section 1. Chapter 176 of the City of Ithaca Municipal Code entitled
“Environmental Quality Review” is hereby amended to read as follows:
§ 176-1. Authority, intent and purpose.
A. This Chapter is adopted pursuant to § 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 and that they have an obligation to protect
the environment for the use and enjoyment of this and all future generations.
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 impact on the environment and, if it is
determined that the action may have a significant adverse impact , 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 Chapter 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 Chapter 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 (§ 176-6 of this Chapter).
3. Criteria to determine whether a proposed action may have a significant
adverse impact on the environment (§ 176-7 of this Chapter).
4. Model assessment forms to aid in determining whether an action may
have a significant adverse impact on the environment (Appendixes A, B
and C of § 176-19 of this Chapter).
5. Examples of actions and classes of actions which are likely to require an
EIS (§ 176-4 of this Chapter) and those which will not require an EIS (§
176-5 of this Chapter).
§ 176-2. Definitions.
As used in this Chapter, unless the context otherwise requires, the following
terms shall have the meanings indicated:
ACT -- Article 8 of the Environmental Conservation Law (SEQR).
ACTIONS -- Includes:
December 3, 2003
33
A. 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:
1. Are directly undertaken by an agency; or
2. Involve funding by an agency; or
3. Require one or more new or modified approvals from an agency or
agencies.
B. Agency planning and policy-making activities that may affect the environment
and commit the city to a definite course of future decisions.
C. Adoption of agency rules, regulations and procedures, including local laws,
codes, ordinances, executive orders and resolutions, that may affect the
environment, and
D. Any combination of the above.
AGENCY – A State or local Agency, including 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 Chapter.
APPLICANT -- 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.
APPROVAL -- 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.
CITY -- The municipal government of the City of Ithaca.
COMMISSIONER -- The Commissioner of the New York State Department of
Environmental Conservation.
CONDITIONED NEGATIVE DECLARATION (CND) -- 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 impacts; however, mitigation measures identified and required by
the lead agency pursuant to the procedures in § 176-7 will modify the proposed
action so that no significant adverse environmental impacts will result.
CRITICAL ENVIRONMENTAL AREA (CEA) -- A specific geographic area
designated by a state or local agency, having exceptional or unique
environmental characteristics that make the area environmentally important. (See
§ 176-14.E. of this Chapter.)
DEC or DEPARTMENT -- The New York State Department of Environmental
Conservation.
DIRECT ACTION or DIRECTLY UNDERTAKEN ACTION -- 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 that may affect the environment.
ENVIRONMENT -- The physical 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.
ENVIRONMENTAL ASSESSMENT FORM (EAF) -- A form used by an agency to
assist it in determining the environmental significance or nonsignificance 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 Appendixes A and C of
§ 176-19 of this Chapter may be modified by the Common Council to better serve
it in implementing CEQR, provided that the scope of the modified form is as
comprehensive as the model.
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ENVIRONMENTAL IMPACT STATEMENT (EIS) -- A written “draft” or “final”
document prepared in accordance with § 176-9 and 176-14 of this Chapter. An
EIS provides a means for agencies, project sponsors and the public to
systematically consider significant adverse environmental impacts, alternatives
and mitigation. An EIS facilitates the weighing of social, economic and
environmental factors early in the planning and decision-making process. A
“draft” EIS is the initial statement prepared by either the project sponser or the
lead agency and circulated for review and comment. An EIS may also be generic
in accordance with § 176-10 of this Chapter, supplemental in accordance with
paragraph § 176-9.A.7 of this Chapter, or federal in accordance with § 176-15 of
this Chapter.
ENVIRONMENTAL NOTICE BULLETIN (ENB) -- The weekly publication of the
Department published pursuant to § 3-0306 of the Environmental Conservation
Law.
FINDINGS STATEMENT -- A written statement prepared by each involved
agency, in accordance with § 176-11 of this Chapter, after a final EIS has been
filed, that considers the relevant environmental impacts presented in an EIS,
weighs and balances them with social, economic, and other essential
considerations, provides a rationale for the agency’s decision and certifies that
the CEQR requirements have been met.
FUNDING -- 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.
IMPACT – Any change or effect on any aspect(s) of the environment.
INTERESTED AGENCY -- 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.
INVOLVED AGENCY -- 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.
LEAD AGENCY -- An involved agency principally responsible for undertaking ,
funding or approving an action 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.
MINISTERIAL ACT -- 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 granting of a hunting or
fishing license. MITIGATION – A way to avoid or minimize adverse
environmental impacts.
NEGATIVE DECLARATION -- A written determination by a lead agency that the
implementation of the action as proposed will not result in any significant adverse
environmental impacts . A negative declaration may also be a conditioned
negative declaration as defined in subdivision § 176-2.D. Negative declarations
must be prepared and filed in accordance with § 176-12.A and 176-12.B. of this
Chapter.
PERMIT -- A permit, license, lease, certificate or other entitlement for use or
permission to act that may be granted or given by an agency.
PERSON -- Any agency, individual, corporation, governmental entity,
partnership, association, trustee or other legal entity.
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
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or trenching; application of pesticides, herbicides or other chemicals; application
of sewage sludge; dredging, flooding, draining or dewatering; paving;
construction of buildings, structures or facilities; and extraction, injection or
recharge of resources below ground.
POSITIVE DECLARATION -- A written statement prepared by the lead agency
indicating that implementation of the action as proposed may have a significant
adverse impact on the environment and that an environmental impact statement
will be required. Positive declarations must be prepared and filed in accordance
with § 176-12.A and §176-12.B. of this Chapter.
PROJECT SPONSOR -- Any applicant or agency primarily responsible for
undertaking an action.
RESIDENTIAL -- 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. It does not
include such facilities as hotels, hospitals, nursing homes, dormitories or prisons.
SCOPING -- The process by which the lead agency identifies the potentially
significant adverse impacts related to the proposed action which are to be
addressed in the draft EIS, including the content and level of detail of the
analysis, the range of alternatives, the mitigation measures needed and the
identification of nonrelevant issues. Scoping provides a project sponsor with
guidance on matters which must be considered and provides an opportunity for
early participation by involved agencies and the public in the review of the
proposal.
SEGMENTATION -- The division of the environmental review of an action such
that various activities or stages are addressed under this Chapter as though they
were independent, unrelated activities needing individual determinations of
significance.
STATE AGENCY -- Any state department, agency, board, public benefit
corporation, public authority or commission.
TYPE I ACTION -- An action or class of actions listed in § 176-4 of this Chapter
or in any involved agency's procedures adopted pursuant to § 176-14 of this
Chapter.
TYPE II ACTION -- An action or class of actions which is listed in § 176-5 of this
Chapter. When the term is applied in reference to an individual agency’s
authority to review or approve a particular proposed project or action, it shall also
mean an action or class of actions identified as Type II actions in that agency’s
own procedures to implement CEQR adopted pursuant to § 176-14 of this
Chapter. The fact that an action is identified as a Type II action in any agency’s
procedures does not mean that it must be treated as a Type II action by any
other agency not identifying it as a Type II action in its procedures.
UNLISTED ACTION -- All actions not identified as a Type I or Type II action in
this Chapter, or in the case of a particular agency action, not identified as a Type
I or Type II action in the agency’s own CEQR procedures.
§ 176-3. General Rules
A. No agency involved in an action may undertake, fund or approve the action
until it has complied with the provisions of CEQR. A project sponsor may not
commence any physical alteration related to an action until the provisions of
CEQR have been complied with, except as provided under § 176-5.C.18,
§176-5.C.21 or §176-5.C.28 of this Chapter. An involved agency may not
issue its findings and decision on an action if it knows any other involved
agency has determined that the action may have a significant adverse impact
on the environment until a final EIS has been filed, except as provided under
§ 176-9.A.5(a) of this Chapter.
B. City environmental quality review does not change the existing jurisdiction of
agencies. City environmental quality review provides all involved agencies
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with the authority, following the filing of a final EIS and written findings
statement or pursuant to § 176-7.D of this Chapter, to impose substantive
conditions upon an action to ensure that the requirements of this Chapter
have been satisfied. The conditions imposed must be practicable and
reasonably related to impacts identified in the EIS or the conditioned negative
declaration.
C. 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 issued; or
2. Until a draft EIS has been accepted by the lead agency as satisfactory
with respect to scope, content and adequacy. When the draft EIS is
accepted, the CEQR process will 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.
D. The lead agency will make every reasonable effort to involve project
sponsors, 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 impacts and alternatives requiring in-depth analysis in an EIS.
E. 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 potentially
significant adverse impacts 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. Interested agencies are
strongly encouraged to make known their views on the action, particularly
with respect to their areas of expertise and jurisdiction.
F. No CEQR determination of significance, EIS or findings statement is required
for actions which are Type II.
G. Actions commonly consist of a set of activities or steps. The entire set of
activities or steps must be considered the action, whether the agency
decision-making relates to the action as a whole or to 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 for an action consisting of a set
of activities or steps, only one draft and one final EIS need be prepared on
the action provided that the statement addresses each part of the action
at a level of detail sufficient for an adequate analysis of the significant
adverse environmental impacts . Except for a supplement to a generic
environmental impact statement (see § 176-10.D.4 of this Chapter), a
supplement to a draft or final EIS will only be required in the
circumstances prescribed in § 176-9.A.7 of this Chapter.
H. Agencies shall carry out the terms and requirements of this Chapter with
minimum procedural and administrative delay, must 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.
I. Time periods in this Chapter may be extended by mutual agreement between
a project sponsor and the lead agency, with notice to all other involved
agencies by the lead agency.
J. The City of Ithaca Conservation Advisory Council has no specific
responsibility for implementing the Environmental Quality Review Ordinance,
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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.
§ 176-4. 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 public, those actions and projects that are
more likely to require the preparation of an EIS than Unlisted actions. All
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 adverse impact on the environment and require the
preparation of an EIS. However, 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 adverse impact on the environment and may require an EIS. For
all individual actions which are Type I or Unlisted, 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 § 176-7.C of this Chapter. [Amended 9-2-1992 by Ord. No. 92-11]
B. The following actions are Type I if they are to be directly undertaken, funded
or approved by an agency:
1. The construction of any of the following:
(a) Heliports
(b) Construction or expansion of greater than 10,000 square feet of a
Public institution, such as hospitals, schools and buildings within
institutions of higher learning, correction facilities and major office
centers (or demolition of any of the foregoing).
(c) New Road or Highway Sections
(d) Parking facilities or other facilities with an associated parking area for
100 or more cars.
(e) 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.
(f) Incinerators operating at a refuse-charging rate exceeding 2.5 tons
of refuse per twenty-four-hour day
(g) Any facility, development or project which would result in the
generation, transport or storage of nuclear materials.
(h) Any “unlisted action” (with the exception of minor subdivisions)
occurring wholly or partially within 100 feet of any of the following:
[1] Freshwater wetlands, as defined in Article 24 in the
Environmental Conservation Law.
[2] 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), Linderman
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.
[3] Unique natural areas as adopted by the Common Council.
[4] 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
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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 that this item does not include any otherwise
unlisted action that is designed for the preservation of the
facility or site.
(i) Any facility, development or project which would generate more than
five hundred (500) vehicle trips per any eight-hour period per day.
(j) Any industrial facility (or demolition thereof).
(k) Construction of new residential units that meet or exceed the
following thresholds: A residential development or subdivision of 15
or more dwelling units, as that term is defined in § 325-3 of Chapter
325, Zoning, (or demolition thereof).
(l) Any other type of residential or lodging facility, dormitory, fraternity,
sorority (if residential must be >10,000), rooming or boarding house,
tourist home or facility, motel, hotel or boatel of 15 or more sleeping
units, as those terms are defined in the Zoning Law
(m) Bridges (or demolition thereof)
(n) Any facility with more than 50,000 square feet of gross floor area
2. Clear-cutting or removal of vegetation from more than 1/2 acre.
3. The adoption of a land use plan, the adoption by any agency of a
comprehensive resource management plan or the initial adoption of
comprehensive zoning regulations.
4. The acquisition, lease, annexation, transfer or sale by a public agency of
more than 2.5 contiguous acres of land.
5. Any project or action which exceeds 25% of any threshold in this section,
occurring wholly or partially within or substantially contiguous to any
publicly owned or operated parkland, recreation area or designated open
space, including any site on the Register of National Natural Landmarks
pursuant to 36 CFR 62 (1986).
6. The 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
elsewhere in this list.
7. The adoption of zoning map changes and changes in the allowable uses
within any zoning district, affecting 2 or more acres of the district
8. Activities, other than the construction of residential facilities, that meet or
exceed any of the following thresholds; or the expansion of existing
nonresidential facilities by more than 50 percent of the following
thresholds:
(a) A project or action that involves the physical alteration of 5 or more
acres;
(b) A project or action that would use ground or surface water in excess
of 250,000 gallons per day;
9. Any Unlisted action, that exceeds a Type I threshold established by an
involved agency pursuant to §176-14 of this Chapter,
§ 176-5. Type II actions.
A. Actions or classes of actions identified in subdivision C of this section are not
subject to review under this Chapter. These actions have been determined
not to have a significant impact on the environment or are otherwise
precluded from environmental review under Environmental Conservation Law,
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article 8. The actions identified in subdivision C of this section apply to all
agencies.
B. Each agency may adopt its own list of Type II actions to supplement the
actions in subdivision C of this section. No agency is bound by an action on
another agency’s Type II list. An agency that identifies an action as not
requiring any determination or procedure under this Chapter is not an
involved agency. Each of the actions on the Type II list must:
1. In no case, have a significant adverse impact on the environment based
on the criteria contained in subdivision 176-7.C of this Chapter; and
2. Not be a Type I action as defined in § 176-4 of this Chapter.
C. The following actions (and any action listed in §617.5 of SEQR as amended)
are not subject to review under this Chapter:
1. Maintenance or repair involving no substantial changes in an existing
structure or facility;
2. Replacement, rehabilitation or reconstruction of a facility in kind on the
same site, including upgrading buildings to meet building or fire codes,
unless such action meets or exceeds any of the thresholds in § 176-4 of
this Chapter;
3. Repaving of existing highways not involving the addition of new travel
lanes.
4. Street openings and right-of-way openings for the purpose of repair or
replacement or maintenance of existing utility facilities.
5. Maintenance of existing landscaping or natural growth;
6. Construction or expansion of a primary or accessory/appurtenant,
nonresidential structure or facility involving less than 4,000 square feet of
gross floor area and not involving a change in zoning or a use variance
and consistent with local land use controls, but not radio communication or
microwave transmission facilities;
7. Routine activities of educational institutions, including expansion of
existing facilities by less than 10,000 square feet of gross floor area and
school closings but not changes in use related to such closings;
8. Construction or expansion of a single-family, a two family, or a three family
residence on an approved lot including provision of necessary utility
connections as provided in paragraph (11);
9. Construction, expansion, or placement of minor accessory/ appurtenant
residential structures, including garages, carports, patios, decks,
swimming pools, tennis courts, satellite dishes, fences, barns, storage
sheds or other buildings not changing land use or density;
10. Extension of utility distribution facilities, including gas, electric, telephone,
cable, water and sewer connections to render service in approved
subdivisions or in connection with any action on this list;
11. Granting of individual setback and lot line variances;
12. Granting of an area variance(s) for a single-family, two-family or three-
family residence;
13. Public or private best forest management (silvicultural) practices on less
than 5 acres of land, but not including waste disposal, land clearing not
directly related to forest management, clear-cutting or the application of
herbicides or pesticides;
14. Minor temporary uses of land having negligible or no permanent impact
on the environment;
15. Installation of traffic control devices on existing streets, roads and
highways
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16. Mapping of existing roads, streets, highways, natural resources, land
uses and ownership patterns
17. Information collection, including basic data collection and research, water
quality and pollution studies, traffic counts, engineering studies, surveys,
subsurface investigations and soils studies that do not commit the agency
to undertake, fund or approve any Type I or Unlisted action;
18. Official acts of a ministerial nature involving no exercise of discretion,
including building permits and historic preservation permits where
issuance is predicated solely on the applicant’s compliance or
noncompliance with the relevant local building or preservation code(s);
19. Routine or continuing agency administration and management, not
including new programs or major reordering of priorities that may affect
the environment;
20. 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;
21. Collective bargaining activities;
22. Investments by or on behalf of agencies or pension or retirement
systems, or refinancing of existing debt;
23. Inspections and licensing activities relating to the qualifications of
individuals or businesses to engage in their business or profession;
24. Purchase or sale of furnishings, equipment or supplies, including surplus
government property, other than the following: land, radioactive material,
pesticides, herbicides or other hazardous materials;
25. License, lease and permit renewals or transfers of ownership thereof,
where there will be no material change in permit conditions or the scope of
permitted activities;
26. Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
27. Engaging in review of any part of an application to determine compliance
with technical requirements, provided that no such determination entitles
or permits the project sponsor to commence the action unless and until all
requirements of this Chapter have been fulfilled;
28. 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;
29. Adoption of a moratorium on land development or construction;
30. Interpreting an existing code, rule, or regulation;
31. Designation of local landmarks or their inclusion within historic districts;
32. Emergency actions that 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 Chapter;
33. Actions undertaken, funded or approved prior to the effective dates set
forth in SEQR (see Chapters 228 of the Laws of 1976, 253 of the Laws of
1977 and 460 of the Laws of 1978) except in the case of an action where
it is still practicable either to modify the action in such a way as to mitigate
potentially adverse environmental impacts, or to choose a feasible or less
environmentally damaging alternative, the Commissioner may, at the
December 3, 2003
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request of any person, or on his/her own motion, require the preparation of
an environmental impact statement; or, in the case of an action where the
responsible agency proposed a modification of the action and the
modification may result in a significant adverse environmental impact on
the environment, an environmental impact statement must be prepared
with respect to such modification;
34. Actions requiring a certificate of environmental compatibility and public
need under articles VII, VIII or X of the Public Service Law and the
consideration of, granting or denial of any such certificate;
35. Actions subject to the class A or class B regional project jurisdiction of the
Adirondack Park Agency or a local government pursuant to § 807, 808
and 809 of the Executive Law, except class B regional projects subject to
review by local government pursuant to § 807 of the Executive Law
located within the Lake George Park as defined by subdivision one of §
43-0103 of the Environmental Conservation Law; and
36. Actions of the Legislature and the Governor of the State of New York or
of any court, but not actions of local legislative bodies except those local
legislative decisions such as rezoning where the local legislative body
determines the action will not be entertained.
December 3, 2003
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§ 176-6. Initial Review of Actions and Establishing Lead Agency
Initial review of actions:
As early as possible in an agency's formulation of an 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:
Determine whether the action is subject to CEQR. If the action is a Type II action,
the agency shall have no further responsibilities under this Chapter.
Determine whether the action involves a federal agency. If the action involves a
federal agency, the provisions of § 176-15 of this Chapter apply.
Determine whether the action may involve one or more other agencies.
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 § 176-4 of
this Chapter. Such preliminary classification will assist in determining whether a
full EAF and coordinated review is necessary.
For Type I actions, a full EAF (see § 176-19, Appendix A, of this Chapter) must
be used to determine the significance of such actions. 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.
For Unlisted actions, the short EAF (see § 176-19, Appendix C, of this Chapter)
must be used to determine the significance of such actions. 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.
An agency may waive the requirement for an EAF if a draft EIS is prepared or
submitted. The draft EIS may be treated as an EAF for the purpose of
determining significance.
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
Conservation Advisory Council for their comments and recommendations.
Establishing Lead Agency
When a single agency is involved, that agency will be the lead agency when it
proposes to undertake, fund or approve a Type I or Unlisted action that does not
involve another agency.
If the agency is directly undertaking the action, it must determine the significance
of the action as early as possible in the design or formulation of the action.
If the agency has received an application for funding or approval of the action, it
must determine the significance of the action within 20 calendar days of its
receipt of the application, and EAF or any additional information reasonably
necessary to make that determination, whichever is later.
When more than one agency is involved:
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For all Type I actions and for coordinated review of Unlisted actions involving
more than one agency, a lead agency must be established prior to a
determination of significance. For Unlisted actions where there will be no
coordinated review, the procedures in § 176-6.B.4 of this Chapter must be
followed.
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 § 176-12.B. of this Chapter, promptly notify the applicant and all other
involved agencies, in writing, that it is the lead agency, and that and EIS is
required and whether scoping will be conducted.
The lead agency will continue in that role until it files either a negative declaration
or a findings statement or a lead agency is reestablished in accordance with §
176-6.B.6 of this Chapter.
Coordinated review.
When an agency proposes to directly undertake, fund or approve a Type I action
or an Unlisted action undergoing coordinated review with other involved
agencies, it must, as soon as possible, transmit Part 1 of the EAF completed by
the project sponsor, or a draft EIS and a copy of any application it has received
to all involved agencies and notify them that a lead agency must be agreed upon
within 30 calendar days of the date the EAF or draft EIS was transmitted to them.
For the purposes of this Part, and unless otherwise specified by the department,
all coordination and filings with the department as an involved agency must be
with the appropriate regional office of the department.
The lead agency must 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 prepare, file and
publish the determination in accordance with § 176-12 of this Chapter.
If a lead agency exercises due diligence in identifying all other involved agencies
and provides written notice of its determination of significance to the identified
involved agencies, then no involved agency may later require the preparation of
an EAF, a negative declaration or an EIS in connection with the action. The
determination of significance issued by the lead agency following coordinated
review is binding on all other involved agencies.
Uncoordinated review for Unlisted actions involving more than one agency.
An agency conducting an uncoordinated review may proceed as if it were the
only involved agency pursuant to subdivision A of this section unless and until it
determines that an action may have a significant adverse impact on the
environment.
If an agency determines that the action may have a significant adverse impact on
the environment, it must coordinate with other involved agencies.
At any time prior to its agency's final decision, an agency may have its negative
declaration superseded by a positive declaration by any other involved agency.
Actions for which a lead agency cannot be agreed upon.
If, within the 30 calendar days allotted for establishment of lead agency, the
involved agencies are unable to agree upon which agency will be the lead
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agency, any involved agency or the project sponsor may request, by certified
mail or other form of receipted delivery to the commissioner, that a lead agency
be designated. Simultaneously, copies of the request must be sent by certified
mail or other form of receipted delivery to all involved agencies and the project
sponsor. Any agency raising a dispute must be ready to assume the lead agency
functions if such agency is designated by the commissioner.
The request must identify each involved agency's jurisdiction over the action, and
all relevant information necessary for the commissioner to apply the criteria in
subparagraph (v) of this subdivision, and state that all comments must be
submitted to the commissioner within 10 calendar days after receipt of the
request.
Within 10 calendar days of the date a copy of the request is received by them,
involved agencies and the project sponsor may submit to the commissioner any
comments they may have on the action. Such comments must contain the
information indicated in subparagraph (ii) of this subdivision.
The commissioner must designate a lead agency within 20 calendar days of the
date the request or any supplemental information the commissioner has required
is received, based on a review of the facts, the criteria below, and any comments
received.
The commissioner will use the following criteria, in order of importance, to
designate lead agency:
whether the anticipated impacts of the action being considered are primarily of
statewide, regional, or local significance (i.e., if such impacts are of primarily local
significance, all other considerations being equal, the local agency involved will
be lead agency);
which agency has the broadest governmental powers for investigation of the
impact(s) of the proposed action; and
which agency has the greatest capability for providing the most thorough
environmental assessment of the proposed action.
Notice of the commissioner's designation of lead agency will be mailed to all
involved agencies and the project sponsor.
Re-establishment of lead agency.
Re-establishment of a lead agency may occur by agreement of all involved
agencies in the following circumstances:
For a supplement to a final EIS or generic EIS.
Upon failure of the lead agency's basis of jurisdiction; or
Upon agreement of the project sponsor prior to the acceptance of a draft
EIS.
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 § 176-
6.B.6 of this Chapter.
Notice of re-establishment of lead agency must be given by the new lead agency
to the project sponsor within 10 days of its establishment.
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176-7. Determining significance.
A. The lead agency must determine the significance of any Type I or Unlisted
Action, in writing in accordance with this section.
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 adverse
environmental impact.
To determine that an EIS will not be required for an action, the lead agency
must determine either that there will be no adverse environmental impacts or
that the identified environmental effects will not be significant.
For all Type I and Unlisted Actions the lead agency making a determination of
significance must:
Consider the action as defined in the definition in § 176-2.A. “Actions” and
§176-3.G. of this Chapter.
Review the EAF, the criteria contained in subdivision C of this section and
any other supporting information to identify the relevant areas of
environmental concern.
Thoroughly analyze the identified relevant areas of environmental concern
to determine if the action may have a significant adverse impact on the
environment.; and
Set forth its determination of significance in a written form containing a
reasoned elaboration and providing reference to any supporting
documentation.
Criteria for determining significance.
To determine whether a proposed Type I or Unlisted action may have a
significant adverse impact on the environment, the impacts that may be
reasonably expected to result from the proposed action must be compared
against the criteria in this section. The following list is illustrative, not exhaustive.
These criteria are considered indicators of significant adverse impacts on the
environment.
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; or a substantial increase in potential for erosion,
flooding, leaching or drainage problems;
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 impacts on a threatened or endangered species of animal or
plant, or the habitat of such a species; or other significant adverse impacts
to natural resources;
The impairment of the environmental characteristics of a Critical
Environmental Area as designated pursuant to § 176-14.E of this Chapter;
The creation of a material conflict with the city's current plans or goals as
officially approved or adopted;
The impairment of the character or quality of important historical,
archaeological, architectural or aesthetic resources or of existing
community or neighborhood character;
A major change in the use of either the quantity or type of energy;
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The creation of a hazard to human health;
A substantial change in the use or intensity of use, of land including
agricultural, open space or recreational resources, or in its capacity to
support existing uses;
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;
The creation of a material demand for other actions which would result in
one of the above consequences;
Changes in two or more elements of the environment, no one of which has
a significant impact on the environment, but which, when considered
together result in a substantial adverse impact on the environment; or
Two or more related actions undertaken, funded or approved by an
agency, none of which has or would have a significant impact on the
environment, but which, when considered cumulatively, would meet one or
more of the criteria in this section.
For the purpose of determining whether an action may cause one of the
consequences listed in paragraph (1) of this section, the lead agency must
consider reasonably related long-term, short-term, direct, indirect, and cumulative
impacts, including other simultaneous or subsequent actions which are:
Included in any long-range plan of which the action under consideration is a part;
Likely to be undertaken as a result thereof; or
Dependent thereon.
The significance of a likely consequence (i.e. whether it is material, substantial,
large or important) should be assessed in connection with:
Its setting;
Its probability of occurrence;
Its duration;
Its irreversibility
Its geographic scope;
Its magnitude; and
The number of people affected.
Conditioned negative declarations.
For Unlisted actions involving an applicant, a lead agency may prepare a
conditioned negative declaration of significance (CND), provided that it:
Has completed a full EAF;
Has completed a coordinated review in accordance with § 176-6.C of this
Chapter;
Has imposed CEQR conditions pursuant to § 176-3.B of this Chapter that have
mitigated all significant environmental impacts and are supported by the full EAF
and any other documentation;
Has published a notice of a CND in the ENB and a minimum 30 day public
comment period 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 that 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
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Has complied with § 176-7.B and § 176-12.A and B of this Chapter.
A lead agency must rescind the CND and issue a positive declaration requiring
the preparation of a draft EIS if it receives substantive comments that identify:
Potentially significant adverse environmental impacts that were not previously
identified and assessed or were inadequately assessed in the review; or
A substantial deficiency in the proposed mitigation measures.
The lead agency must require an EIS if requested by the applicant.
Amendment of a negative declaration.
At any time prior to its decision to undertake, fund, or approve an action, a lead
agency, at its discretion, may amend a negative declaration when substantive:
Changes are proposed for the project; or
New information is discovered; or
Changes in circumstances related to the project arise; that were not
previously considered and the lead agency determines that no significant
adverse environmental impacts will occur.
The lead agency must prepare, file and publish the amended negative
declaration in accordance with § 176-12 of this Chapter. The amended negative
declaration must contain reference to the original negative declaration and
discuss the reasons supporting the amended determination.
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 when substantive:
changes are proposed for the project; or
new information is discovered; or
changes in circumstances related to the project arise; that were not
previously considered and the lead agency determines that no significant
adverse environmental impact will occur.
Prior to any rescission, the lead agency must inform other involved agencies and
the project sponsor and must provide a reasonable opportunity for the project
sponsor to respond.
If, following a reasonable notice to the project sponsor, its determination is the
same, the lead agency must prepare, file, and publish a positive declaration in
accordance with § 176-12 of this Chapter.
§ 176-8. Scoping
A. The primary goals of scoping are to focus the EIS on potentially significant
adverse impacts and to eliminate consideration of those impacts that are
irrelevant or nonsignificant. Scoping is not required. Scoping may be initiated
by the lead agency or the project sponsor..
B. If scoping is conducted, the project sponsor must submit a draft scope that
contains the items identified in § 176-8.F.1 through 5 of this section to the
lead agency. The lead agency must provide a copy of the draft scope to all
involved agencies, and make it available to any individual or interested
agency that has expressed an interest in writing to the lead agency.
C. If scoping is not conducted, the project sponsor may prepare a draft EIS for
submission to the lead agency.
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D. Involved agencies should provide written comments reflecting their concerns,
jurisdictions and information needs sufficient to ensure that the EIS will be
adequate to support their CEQR findings. Failure of an involved agency to
participate in the scoping process will not delay completion of the final written
scope.
E. Scoping must include an opportunity for public participation. The lead agency
may either provide a period of time for the public to review and provide written
comments on a draft scope or provide for public input through the use of
meetings, exchanges of written material, or other means.
F. The lead agency must provide a final written scope to the project sponsor, all
involved agencies and any individual that has expressed an interest in writing
to the lead agency within 60 days of its receipt of a draft scope. The final
written scope should include:
1. A brief description of the proposed action;
2. The potentially significant adverse impacts identified both in the positive
declaration and as a result of consultation with the other involved agencies
and the public, including an identification of those particular aspect(s) of
the environmental setting that may be impacted;
3. The extent and quality of information needed for the preparer to
adequately address each impact, including an identification of relevant
existing information, and required new information, including the
methodology(ies) for obtaining new information;
4. An initial identification of mitigation measures;
5. The reasonable alternatives to be considered;
6. An identification of the information/data that should be included in an
appendix rather than the body of the draft EIS; and
7. Those prominent issues that were raised during scoping and determined
not to be relevant or not environmentally significant or that have been
adequately addressed in a prior environmental review.
G. All relevant issues should be raised before the issuance of a final written
scope. Any agency or person raising issues after that time must provide to the
lead agency and project sponsor a written statement that identifies:
1. The nature of the information
2. The importance and relevance of the information to a potential significant
impact
3. The reason(s) why the information was not identified during scoping and
why it should be included at this stage of review.
H. The project sponsor may incorporate information submitted consistent with §
176-8.G of this section into the draft EIS at its discretion. Any substantive
information not incorporated into the draft EIS must be considered as public
comment on the draft EIS.
I. If the lead agency fails to provide a final written scope within 60 calendar days
of its receipt of a draft scope, the project sponsor may prepare and submit a draft
EIS consistent with the submitted draft scope.
§ 176-9. Preparation and Content of Environmental Impact Statements
procedures.
A. Environmental impact statement procedures
1. The project sponsor or the lead agency, at the project sponsor's option,
will prepare the draft EIS. If the project sponsor does not exercise the
option to prepare the draft EIS, the lead agency will prepare it, cause it to
be prepared or terminate its review of the action. A fee may be charged by
the lead agency for preparation or review of an EIS pursuant to § 176-13
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of this Chapter. When the project sponsor prepares the draft EIS, the
document must be submitted to the lead agency.
2. The lead agency will use the final written scope, if any, and the standards
contained in this section to determine whether to accept the draft EIS as
adequate with respect to its scope and content for the purpose of
commencing public review. This determination must be made in
accordance with the standards in this section within 45 days of receipt of
the draft EIS.
(a) If the draft EIS is determined to be inadequate, the lead agency must
identify in writing the deficiencies and provide this information to the
project sponsor.
(b) The lead agency must determine whether to accept the resubmitted
draft EIS within 30 days of its receipt.
3. When the lead agency has completed a draft EIS or when it has
determined that a draft EIS prepared by a project sponsor is adequate for
public review, the lead agency must prepare, file and publish a notice of
completion of the draft EIS and file copies of the draft EIS in accordance
with the requirements set forth in § 176-12 of this Chapter. The minimum
public comment period on the draft EIS is 30 days. The comment period
begins with the first filing and circulation of the notice of completion.
4. When the lead agency has completed a draft EIS or when it has
determined that a draft EIS prepared by a project sponsor is adequate for
public review, the lead agency will 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 will consider the degree of interest in
the action shown by the public or involved agencies; whether substantive
or significant adverse environmental impacts have been identified; the
adequacy of the mitigation measures and alternatives proposed; 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:
(a) The lead agency must prepare and file a notice of hearing in
accordance with § 176-12.A and B of this Chapter. 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 of the action.
(b) The hearing will commence no less than 15 calendar days or nor
more than 60 calendar days after the filing of the notice of
completion of the draft EIS by the lead agency pursuant to § 176-
12.B. of this Chapter. When a CEQR hearing is to be held, it should
be conducted with other public hearings on the proposed action
whenever practicable.
(c) Comments will be received and considered by the lead agency for no
less than 30 calendar days from the first filing and circulation of the
notice of completion, or no less than 10 calendar days following a
public hearing at which the environmental impacts of the proposed
action are considered, whichever is later.
5. Except as provided in Subsection a of this section, the lead agency shall
prepare or cause to be prepared and must 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 occurs later.
(a) No final EIS need be prepared if:
(1) The proposed action has been withdrawn or,
(2) On the basis of the draft EIS, and comments made thereon, the
lead agency has determined that the action will not have a
significant adverse impact on the environment. A negative
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declaration must then be prepared, filed and published in
accordance with this Chapter.
(b) The last date for preparation and filing of the final EIS may be
extended:
(1) If it is determined that additional time is necessary to prepare
the statement adequately; or
(2) If problems with the proposed action requiring material
reconsideration or modification have been identified.
6. When the lead agency has completed a final EIS, it must prepare, file and
publish a Notice of Completion of the final EIS and file copies of the final
EIS in accordance with § 176-12 of this Chapter.
7. Supplemental EIS's.
(a) The lead agency may require a supplemental EIS, limited to specific
significant adverse environmental impacts not addressed or
inadequately addressed in the EIS, that arise from:
(1) Changes proposed for the project; or
(2) Newly discovered information; or
(3) A change in circumstances related to the project;
(b) The decision to require preparation of a supplemental EIS, in the
case of newly discovered information, shall be based upon the
following criteria:
(1) The importance and relevance of the information.
(2) The present state of the information in the EIS.
(c) If a supplement is required, it will be subject to the full procedures of
this Chapter.
B. Environmental Impact Statement Content
1. An EIS must assemble relevant and material facts upon which an
agency's decision is to be made. It must analyze the significant adverse
impacts and evaluate all reasonable alternatives. EISs must be analytical
and not encyclopedic. The lead agency and other involved agencies must
cooperate with project sponsors who are preparing EIS's by making
available to them information contained in their files relevant to the EIS.
2. EISs must be clearly and concisely written in plain language that can be
read and understood by the public. Within the framework presented in §
176-9.B.5 of this section, EIS's should address only those potential
significant, adverse environmental impacts that can be reasonably
anticipated and/or have been identified in the scoping process. EISs
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.
3. All draft and final EIS's must be preceded by a cover sheet stating:
(a) Whether it is a draft or final EIS;
(b) The name or descriptive title of the action;
(c) The location (county and town, village or city) and street address, if
applicable, of the action;
(d) The name and address of the lead agency and the name and
telephone number of a person at the agency who can provide further
information;
(e) The names of individuals or organizations that prepared any portion
of the statement;
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(f) The date of its acceptance by the agency; and
(g) In the case of a draft EIS, the date by which comments must be
submitted.
4. A draft or final EIS must have a table of contents following the cover sheet
and a precise summary which adequately and accurately summarizes the
statement.
5. The format of the draft EIS may be flexible; however, all draft EISs must
include the following elements:
(a) A concise description of the proposed action, its purpose, public
need and benefits, including social and economic considerations;
(b) A concise description of the environmental setting of the areas to be
affected sufficient to understand the effects of the proposed action
and alternatives;
(c) A statement and evaluation of the potential significant adverse
environmental impacts at a level of detail that reflects the severity of
the impacts and the reasonable likelihood of their occurrence. The
draft EIS should identify and discuss the following only where
applicable and significant:
(1) Reasonably related short-term and long-term impacts,
cumulative impacts and other associated environmental impacts;
(2) Those adverse environmental impacts that cannot be avoided or
adequately mitigated if the proposed action is implemented;
(3) Any irreversible and irretrievable commitments of environmental
resources that would be associated with the proposed action
should it be implemented;
(4) Any growth inducing aspects of the proposed action;
(5) A discussion of the effects of the proposed action on the use and
conservation of energy (for an electric generating facility, the
statement must include a demonstration that the facility will
satisfy electric generating capacity needs or other electric
systems needs in a manner reasonably consistent with the most
recent state energy plan);
(6) Impacts of the proposed action on solid waste management and
its consistency with the state or locally adopted solid waste
management plan;
(d) A description of mitigation measures;
(e) A description and evaluation of the range of reasonable alternatives
to the action that 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 should include the no action alternative. The no action
alternative discussion should evaluate the adverse or beneficial site
changes that are likely to occur in the reasonably foreseeable future,
in the absence of the proposed action. The range of alternatives may
also include, as appropriate, alternative:
(1) Sites;
(2) Technology;
(3) Scale or magnitude;
(4) Design;
(5) Timing;
(6) Use; and
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(7) Types of action. For private project sponsors, 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 project sponsor;
(f) A list of any underlying studies, reports, EISs and other information
obtained and considered in preparing the statement including the
final written scope.
6. In addition to the analysis of significant adverse impacts required in § 176-
9.B.5(c) of this Chapter, 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:
(a) Identify the nature and relevance of unavailable or uncertain
information;
(b) Provide a summary of existing credible scientific evidence, if
available; and
(c) 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.
7. A draft or final EIS may incorporate by reference all or portions of other
documents, including EISs that contain information relevant to the
statement. The referenced documents must 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 the EIS. When
an EIS incorporates by reference, the referenced document shall be briefly
described, its applicable findings summarized, and the date of its
preparation provided.
8. 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.
§ 176-10. Generic environmental impact statements.
A. Generic EIS's may be broader and more general than site or project specific
EISs 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 cultural features, patterns and character. They may
discuss in general terms the constraints and consequences of any narrowing
of future options. They may present and analyze in general terms a few
hypothetical scenarios that could and are likely to occur.
A generic EIS may be used to assess the environmental impacts of:
1. A number of separate actions which, if considered singly, may have minor
impacts but, if considered together, may have significant impacts, or
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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, including new or significant
changes to existing land use plans, development plans, zoning regulations
or agency comprehensive resource management plans.
B. In particular, agencies may prepare generic EISs on the adoption of a
comprehensive plan prepared in accordance with subdivision 4, section 28-a
of the General City Law and the implementing regulations. Impacts of
individual actions proposed to be carried out in conformance with these
adopted plans and regulations and the thresholds or conditions identified in
the generic EIS may require no or limited CEQR review as described in
subdivisions C and D of the section.
C. Generic EIS's and their findings should set forth specific conditions or criteria
under which future actions will be undertaken or approved, including
requirements for any subsequent CEQR compliance. This may include
thresholds and criteria for supplemental EISs to reflect specific significant
impacts, such as site specific impacts, that were not adequately addressed or
analyzed in the generic EIS.
D. When a final generic EIS has been filed under this Chapter:
1. No further CEQR compliance is required if a subsequent proposed action
will be carried out in conformance with the conditions and thresholds
established for such actions in the generic EIS or its findings statement;
2. An amended 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 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
impacts;
4. 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 may have one or more
significant adverse environmental impacts.
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 impacts on the environment and the existing natural resource
base 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 must
discuss the important elements and constraints present in the natural and
cultural environment that may bear on the conditions of an agency decision
on the immediate project.
§ 176-11. Decision Making and Findings Requirements.
A. Prior to the lead agency's decision on an action which 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 before
issuing its written findings statements. If a project modification or change of
circumstances related to the project requires a lead or involved agency to
substantially modify its decision, findings may be amended and filed in
accordance with § 176-12.B. of this Chapter.
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 fund or approve
an action must be made within 30 calendar days after the filing of the final
EIS.
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C. No involved agency may make a final decision to undertake, fund, approve or
disapprove an action that has been the subject of a final EIS, until the time
period provided in 176-11.A. of this Chapter has passed and the agency has
made a written findings statement. Findings and a decision may be made
simultaneously.
D. Findings must:
1. Consider the relevant environmental impacts, facts and conclusions
disclosed in the final EIS;
2. Weigh and balance relevant environmental impacts with social, economic
and other consideration;
3. Provide a rationale for the agency’s decision;
4. Certify that the requirements of this Chapter have been met;
5. Certify that consistent with social, economic and other essential
considerations from among the reasonable alternatives available, the
action is one that avoids or minimizes adverse environmental impacts to
the maximum extent practicable, and that adverse environmental impacts
will be avoided or minimized to the maximum extent practicable by
incorporating as conditions to the decision those mitigative measures that
were identified as practicable.
§ 176-12. Document Preparation, Filing, Publication and Distribution
The following CEQR documents shall be prepared, filed, published and made
available as prescribed in this section:
A. Preparation of documents.
1. Each negative declaration, positive declaration, notice of completion of an
EIS, notice of hearing and findings must state that it has been prepared in
accordance with article 8 of the Environmental Conservation Law and
Chapter 176 of the Code of the City of Ithaca and must contain: the name
and address of the lead agency; the name, address, and telephone
number of a person who can provide additional information; a brief
description of the action; the CEQR classification; and, the location of the
action.
2. In addition to the information contained in paragraph A(1) of this
subdivision:
(a) A negative declaration must meet the requirement of § 176-7.B. of
this Chapter. A conditioned negative declaration must also identify
the specific conditions being imposed that have eliminated or
adequately mitigated all significant adverse environmental impacts
and the period, not less than 30 calendar days, during which
comments will be accepted by the lead agency.
(b) A positive declaration must identify the potential significant adverse
environmental impacts that require the preparation of an EIS and
state whether scoping will be conducted.
(c) A notice of completion must identify the type of EIS (draft, final,
supplemental, generic) and state where copies of the document can
be obtained. For a draft EIS the notice must include the period (not
less than 30 calendar days from the date of filing or not less than 10
calendar days following a public hearing on the draft EIS) during
which comments will be accepted by the lead agency.
(d) A notice of hearing must include the time, date, place and purpose of
the hearing and contain a summary of the information contained in
the notice of completion. The notice of hearing may be combined
with the notice of completion of the draft EIS.
(e) Findings must contain the information required by §176-11.D. of this
Chapter
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B. Filing and Distribution of Documents
1. A Type I negative declaration, conditioned negative declaration, positive
declaration, notice of completion of an EIS, EIS, notice of hearing and
findings must be filed with:
(a) The chief executive officer of the political subdivision in which the
action is principally located
(b) The lead agency
(c) All involved agencies
(d) Any person who has requested a copy; and
(e) If the action involves an applicant, with the applicant.
2. A negative declaration prepared on an Unlisted action must be files with
the lead agency.
3. All CEQR documents and notices, including but not limited to, EAFs,
negative declarations, positive declarations, scopes, notices of completion
of an EIS, EISs, notices of hearing and findings must be maintained in
files that are readily accessible to the public and made available on
request.
4. The lead agency may charge a fee to persons requesting documents to
recover its copying costs.
5. If sufficient copies of the EIS are not available to meet public interest, the
lead agency must provide an additional copy of the documents to the local
public library.
6. A copy of the EIS must be sent to the Department of Environmental
Conservation, Division of Environmental Permits, 625 Broadway, Albany,
NY 12233-1750.
C. Publication of notices.
1. Notice of a Type I negative declaration, conditioned negative declaration,
positive declaration and completion of an EIS must be published in the
Environmental Notice Bulletin (ENB) in a manner prescribed by the
department. Notice must be provided by the lead agency directly to
Environmental Notice Bulletin, Room 538, 625 Broadway, Albany, NY
12233-1750 for publication in the ENB. The ENB is accessible on the
department's internet web site at http://www.dec.state.ny.us .
2. A notice of hearing must be published, at least 14 days in advance of the
hearing date, in a newspaper of general circulation in the area of the
potential impacts of the action. For state agency actions that apply
statewide this requirement can be satisfied by publishing the hearing
notice in the ENB and the State Register.
3. Agencies may provide for additional public notice by posting on sign
boards or by other appropriate means.
4. Notice of a negative declaration must be incorporated once into any other
subsequent notice required by law. This requirement can be satisfied by
indicating the CEQR classification of the action and the agency's
determination of significance.
§ 176-13. Fees and costs.
A. When an action subject to this Chapter 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. The fee may include a chargeback to
recover a proportion of the lead agency’s actual costs expended for the
preparation of a generic EIS prepared pursuant to § 176-10 of this Chapter for
the geographic are where the applicant’s project is located. The chargeback
may be based on the percentage of the remaining developable land or the
percentage of road frontage to be used by the project, or any other
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reasonable methods. The fee must not exceed the amounts allowed under
subdivision B through D of this section. If the lead agency charges for
preparation of a draft and/or final EIS, it may not also charge for review; if it
charges for review of a draft and/or final EIS, it may not also charge for
preparation. Scoping shall be considered part of the draft EIS for purposes of
determining a CEQR fee; no fee may be charged for preparation of an EAF or
determination of significance.
B. For residential projects, the total project value shall be calculated on the
actual purchase price of the land or the fair market value of the land
(determined by assessed valuation divided by equalization rate) whichever is
higher, plus the cost of all required site improvements, not including the cost
of buildings and structures as determined with reference to a current cost
data publication in common use. In the case of such projects, the fee charged
by an agency may not exceed 2% of the total project value.
C. For nonresidential construction projects, the total project value shall be
calculated on the actual purchase price of the land or the fair market value of
the land (determined by assessed valuation divided by equalization rate)
whichever is higher, plus 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 (1/2 of
1%) of the total project value.
D. For projects involving the extraction of minerals, the total project value shall
be calculated on the cost of site preparation for mining. "Site preparation cost"
shall mean the cost of clearing and grubbing and removal of overburden for
the entire area to be mined plus the cost of utility services and construction of
access roads. Such costs are determined with reference to a current cost
data publication in common use. The fee charged by the agency may not
exceed one-half of one percent (1/2 of 1%) of the total project value. For
those costs to be incurred for phases occurring three or more years after
issuance of a permit, the total project value 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 value 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.
G. The technical services of the department may be made available to other
agencies on a fee basis, reflecting the costs thereof, and the fee charged to
any applicant pursuant to this section may reflect such costs
§176.14 Individual Agency Procedures to implement CEQR.
A. Agencies may find it helpful to seek the advice and assistance of other
agencies, groups and persons on CEQR matters, including the following:
1. Advice on preparation and review of EAF's;
2. Recommendations on the significance or non-significance of actions;
3. Preparation and review of EISs and recommendations on the scope,
adequacy, and contents of EISs;
4. Preparation and filing of SEQR notices and documents;
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5. Conduct of public hearings; and
6. Recommendations to decision makers.
B. Agencies are strongly encouraged to enter into cooperative agreements with
other agencies regularly involved in carrying out or approving the same
actions for the purposes of coordinating their procedures.
C. All agencies are subject to the lists of Type I and Type II actions contained in
this Chapter, and must apply the criteria provided in § 176-7.C. of this Part. In
addition, agencies may adopt their own lists of Type I actions, in accordance
with § 176-4 of this Part and their own lists of Type II actions in accordance
with § 176-5 of this Part.
D. Every agency that adopts, has adopted or amends CEQR procedures must,
after public hearing, file them with the commissioner, who will maintain them
to serve as a resource for agencies and interested persons. The
commissioner will provide notice in the ENB of such procedures upon filing.
All agencies that have promulgated their own CEQR procedures must review
and bring them into conformance with this Chapter. Until agencies do so, their
procedures, where inconsistent or less protective, are superseded by this
Chapter.
E. The Common Council may designate a specific geographic area within its
boundaries as a critical environmental area (CEA). A state agency may also
designate as a CEA a specific geographic area that 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. The public notice must
identify the boundaries and the specific environmental characteristics of the
area warranting CEA designation.
1. To be designated as a CEA, an area must have an exceptional or unique
character covering one or more of the following:
(a) A benefit or threat to human health;
(b) A natural setting (e.g., fish and wildlife habitat, forest and vegetation,
open space and areas of important aesthetic or scenic quality);
(c) Agricultural, social, cultural, historic, archaeological, recreational, or
educational values; or
(d) An inherent ecological, geological or hydrological sensitivity to
change that may be adversely affected by any change.
2. Notification that an area has been designated as a CEA must include a
map at an appropriate scale to readily locate the boundaries of the CEA,
the written justification supporting the designation, and proof of public
hearing and, must be filed with:
(a) The commissioner;
(b) The appropriate regional office of the department;
(c) Any other agency regularly involved in undertaking, funding or
approving actions in the municipality in which the area has been
designated.
3. This designation shall take effect 30 days after filing with the
commissioner. Each designation of a CEA must be published in the ENB
by the department and the department will serve as a clearinghouse for
information on CEAs.
4. Following designation, the potential impact of any Type I or Unlisted
Action on the environmental characteristics of the CEA is a relevant area
of environmental concern and must be evaluated in the determination of
significance prepared pursuant to § 176-7 of this Chapter.
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§ 176-15. Actions Involving a Federal Agency.
A. When a draft and final EIS for an action have been duly prepared under the
National Environmental Police Act of 1969, an agency has no obligation to
prepare an additional EIS under this Chapter, provided that the federal EIS is
sufficient to make findings under § 176-11 of this Chapter. However, except in
the case of Type II actions listed in § 176-5 of this Chapter, no agency may
undertake, fund or approve the action until the federal final EIS has been
completed and the agency has made the findings prescribed in § 176-11 of
this Chapter.
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 have 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.
§ 176-16. Confidentiality.
A. When a project sponsor submits a completed EAF, or draft or final EIS, or
otherwise provides information concerning the environmental impacts of a
proposed project, the project sponsor may request, consistent with the
Freedom of Information Law (FOIL), Article 6 of the Public Officer Law, that
specifically identified information be held confidential . Prior to divulging any
such information, the agency must notify the project sponsor of its
determination of whether or not it will hold the information confidential.
§176.17 Referenced Material.
The following referenced documents have been filed with the New York State
Department of State. The documents are available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402 and for
inspection and copying at the Department of Environmental Conservation, 625
Broadway, Albany, New York 12233-1750.
1. National Register of Historic Places, (1994), 36 Code of Federal
Regulation (CFR) Parts 60 and 63.
2. Register Of National Natural Landmarks,(1994), 36 Code of Federal
Regulation (CFR) Part 62.
§176.18 Severability
If any provision of this Part or its application to any person or circumstance is
determined to be contrary to law by a court of competent jurisdiction, such
determination shall not affect or impair the validity of the other provisions of this
Chapter or the application to other persons and circumstances.
§ 176-19. Appendices.
Appendices A, B, C, D, E, F, G, H and I are model forms which may be used to
satisfy this Chapter or may be modified in accordance with § 176-2 of this
Chapter.