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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 2 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 3 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 4 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 5 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 6 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 7 [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 8 [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 9 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 10 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 11 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. December 3, 2003 34 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 December 3, 2003 35 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 December 3, 2003 36 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, December 3, 2003 37 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 December 3, 2003 38 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, December 3, 2003 39 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 December 3, 2003 40 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 41 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 42 § 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: December 3, 2003 43 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 December 3, 2003 44 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. December 3, 2003 45 176-7. 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; December 3, 2003 46 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 December 3, 2003 47 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. December 3, 2003 48 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 December 3, 2003 49 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 December 3, 2003 50 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; December 3, 2003 51 (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 December 3, 2003 52 (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 December 3, 2003 53 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. December 3, 2003 54 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 December 3, 2003 55 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 December 3, 2003 56 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; December 3, 2003 57 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. December 3, 2003 58 § 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.