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HomeMy WebLinkAboutTB Packet 2021-07-12 MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 5:30 p.m. Meetings are now open to the public at Town Hall and will also be broadcast via YouTubeLive and ZOOM (ID 989 109 5241) for those wishing to speak. 12212h..e Link. Z.22.m L!E.k., AGENDA 1. Call to order and Pledge of Allegiance 2. Persons to be heard and Board Comments 3. Cayuga Height Fire Department Chief's Report 4. Public Hearing regarding Noise Permit applications for Agava and RaNic twice-weekly music series: a. Agava Consider permit b. Ranic/Parrilla Consider permit 5. Public Hearing regarding a proposed local law to override the tax levy limit established in General Municipal Law §3-c, for the fiscal year 2022 a. Consider Adoption 6. Public hearing regarding a proposed local law entitled"Amending Zoning Chapter 271 of the Town of Ithaca Code, titled"Zoning: Special Land Use Districts", to modify and expand the permitted uses in Planned Development Zone No. 12 (South Hill Business Campus)" a. SEQR b. Consider Adoption 7. Discuss and consider authorization for the Supervisor to sign a stormwater maintenance and operation agreement and related easements for Namgyal Monastery HHDL Library Proj ect 8. Discuss and consider setting a public hearing regarding a public hearing for the acquisition of real property/easements associate with the Forest Home Walkway Improvement project— Subject to Permissive Referendum 9. Discuss and consider approval to apply for a grant for the Culver Road Preserve— Babcock Ridge Trail and Site Enhancement Project a. SEQR b. Approval to apply 10. Discuss and consider authorization to sponsor, apply and pre-fund a grant for a Town project on a Six Mile Creek tributary, through the Intermunicipal Watershed Organization 11. Discuss and consider participation in the Finger Lakes Energy Compact 12. Discuss and consider approval of a Town of Ithaca Fund Balance Policy 13. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify appointment of Benefits Specialist—Consortium 14. Report of Town Officials 15. Review of Correspondence 16. Adjournment MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 TB Resolution 2021 - Adopting Local Law of 2021 to Override the Tax Levy Limit Established in General Municipal Law 43-c Whereas, municipalities of the State of New York are limited in the amount of real property taxes that may be levied each year under the tax levy limit established in General Municipal Law §3-c, and Whereas, subdivision 5 of General Municipal Law §3-c expressly authorizes a municipality to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent (60%) of the governing body, and Whereas, at its meeting on June 14, 2021, the Town Board of the Town of Ithaca reviewed and discussed a proposed local law to override the tax levy limit and adopted a resolution for a public hearing to be held by said Town on July 12, 2021 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C'; and Whereas, notice of said public hearing was duly advertised, and the public hearing was held on said date and time, and Whereas, pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that adoption of the proposed local law is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus this action is not subject to review under SEQRA; now, therefore, be it Resolved,that the Town Board of the Town of Ithaca hereby adopts Local Law of 2021 entitled "A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C." Moved: Seconded: Vote: ayes— 1 TOWN OF ITHACA LOCAL LAW NO. FOR THE YEAR 2021 A LOCAL LAW TO OVERRIDE THE TAX LEVY LIMIT ESTABLISHED IN GENERAL MUNICIPAL LAW §3-C Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Legislative Intent: It is the intent of this local law to override the limit on the amount of real property taxes that may be levied by the Town of Ithaca, County of Tompkins pursuant to General Municipal Law §3-c, and to allow the Town of Ithaca, County of Tompkins to adopt a town budget for (a) town purposes, (b) fire protection districts, and (c) any other special or improvement district, and Town improvements provided pursuant to Town Law Article 12-C, governed by the Town Board for the fiscal year beginning January 1,2021 and ending December 31,2021 that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3-c. Section 2. Authority: This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes the Town Board to override the tax levy limit by the adoption of a local law approved by vote of at least sixty percent(60%) of the Town Board. Section 3. Tax Levy Limit Override: The Town Board of the Town of Ithaca, County of Tompkins is hereby authorized to adopt a budget for the fiscal year 2021 that requires a real property tax levy in excess of the limit specified in General Municipal Law §3-c. Section 4. Severability: If any clause, sentence, paragraph, subdivision, or part of this Local Law or the application thereof to any person, firm or corporation, or circumstance, shall be adjusted by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof,but shall be confined in its operation to the clause, sentence,paragraph, subdivision, or part of this Local Law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date: This local law shall take effect immediately upon filing with the Secretary of State. Adopted July 13,2021 TOWN OF ITHACA LOCAL LAW NO. _OF THE YEAR 2021 A LOCAL LAW AMENDING ZONING CHAPTER 271 OF THE TOWN OF ITHACA CODE, TITLED "ZONING: SPECIAL LAND USE DISTRICTS", TO MODIFY AND EXPAND THE PERMITTED USES IN PLANNED DEVELOPMENT ZONE NO. 12 (SOUTH HILL BUSINESS CAMPUS) Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13 (Planned Development Zone No. 12, South Hill Business Campus), Subsection B is revised as follows: A. Delete subsection 10 and replace it with a new subsection 10 reading as follows: "(10) Catering." B. Delete subsection 18 and replace it with a new subsection 18 reading as follows: "(18) Indoor sports or fitness center that provides completely indoor(1) exercise or gymnasium facilities; and/or(2) courts, fields, rinks, or ranges for recreational sports or physical training. Ancillary uses such as equipment storage areas,bathrooms, locker rooms, and showers are permitted. This does not include rifle/pistol ranges, paintball fields, or facilities for activities using firearms." C. Add new subsections (23)-(25)reading as follows: "(23) Retail use with a gross floor area up to 1000 square feet. (24)Personal services for barber shop, hair/beauty salon, nail salon, and tattoo artist. (25) Restaurant without a drive-through facility, with gross floor area up to 1,500 square feet." Section 2. Chapter 271 (Zoning: Special Land Use Districts) of the Town of Ithaca Code, Section 271-13 (Planned Development Zone No. 12, South Hill Business Campus), Subsection C(l) is revised by adding "with gross floor area over 1,500 square feet" to the end so subsection C(l)reads as follows: "(1) Restaurant without a drive-through facility, with gross floor area over 1,500 square feet." 1 Section 3. If any provision of this local law is found invalid by any court of competent jurisdiction, such invalidity shall not affect any other provisions of this local law, which shall remain in full force and effect. Section 4. This local law shall take effect immediately upon filing with the New York Secretary of State. 2 MEETING OF THE ITHACA TOWN BOARD Monday,July 12, 2021 TB Resolution No. 2021- : SEOR: Proposed Local Law No. X of 2021 Amending Zoning Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to Modify and Expand the Permitted Uses in Planned Development Zone No. 12 (South Hill Business Campus) Whereas, this action is the enactment of a local law amending Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to modify and expand the permitted uses in Planned Development Zone No. 12 (South Hill Business Campus); and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on July 12, 2021 has reviewed and accepted as adequate the Full Environmental Assessment Form (EAF), Parts 1, 2 and 3, for this action, prepared by the Town Planning staff; Now, Therefore, Be It Resolved, that the Town of Ithaca Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law, 6 NYCRR Part 617 New York State Environmental Quality Review, and Chapter 148 Environmental Quality Review of the Town of Ithaca Code for the above-referenced action as proposed,based on the information in the EAF Part 1 and for the reasons set forth in the EAF Parts 2 and 3, and, therefore, a Draft Environmental Impact Statement will not be required. Moved: Seconded: Full Environmental Assessment Form Part 1 -Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information;indicate whether missing information does not exist, or is not reasonably available to the sponsor;and,when possible,generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A&B. In Sections C,D&E,most items contain an initial question that must be answered either"Yes"or"No". If the answer to the initial question is"Yes",complete the sub-questions that follow. If the answer to the initial question is"No",proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the applicant or project sponsor to verify that the information contained in Part Iis accurate and complete. A.Project and Applicant/Sponsor Information. Name of Action or Project: Amending Town Code,Zoning Ch.271,to Modify and Expand the Permitted Uses in Planned Development Zone No. 12(South Hill Business Campus) Project Location(describe, and attach a general location map): 950 Danby Road;Tax Parcels 39.-1-1.22 and 39.-1-1.1 Brief Description of Proposed Action(include purpose or need): Proposed adoption of a local law to amend Zoning Chapter 271 of the Town Code to modify and expand the permitted uses in Planned Development Zone No. 12(South Hill Business Campus). The modifications include the following: For uses permitted as of right: •Change: (1)"off premises catering"to"catering";and(2)"Fitness center with or without related shower and ancillary facilities"to"Indoor sports or fitness center that provides completely indoor(1)exercise or gymnasium facilities;and/or(2)courts,fields, rinks,or ranges for recreational sports or physical training. Ancillary uses such as equipment storage areas,bathrooms,locker rooms,and showers are permitted.This does not include rifle/pistol ranges, paintball fields,or facilities for activities using firearms." •Add:(1)Retail use with a gross floor area up to 1000 square feet;(2)Personal services for barber shop,hair/beauty salon,nail salon,and tattoo artist and(3)Restaurant without a drive-through facility,with gross floor area up to 1,500 square feet. For uses requiring special permit from the Planning Board: -Change:"Restaurant without a drive-throuqh facility"to"Restaurant without a drive-throuqh facility,with qross floor area over 1,500 square feet." Name of Applicant/Sponsor: Telephone:607-273-1747 Town of Ithaca E-Mail: Address:215 N.Tioga Street City/PO:Ithaca State:NY Zip Code:14850 Project Contact(if not same as sponsor;give name and title/role): Telephone:607-273-1747 Susan Ritter, Director of Planning E-Mail: sritter@town.ithaca.ny.us Address: 215 N.Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 Property Owner (if not same as sponsor): Telephone: South Hill Business Campus E-Mail: Address: 950 Danby Road City/PO: State: Zip Code: Ithaca NY 14850 Page 1 of 13 FEAF 2019 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants, loans,tax relief,and any other forms of financial assistance.) Government Entity If Yes:Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Counsel,Town Board, ®Yes❑No Ithaca Town Board Date of public hearing:7/12/2021 or Village Board of Trustees b. City,Town or Village ❑Yes®No Planning Board or Commission c.City,Town or ❑Yes®No Village Zoning Board of Appeals d.Other local agencies ❑Yes®No e. County agencies ❑Yes®No County Planning Department GML239 review; no official approval. f.Regional agencies ❑Yes®No g. State agencies ❑Yes®No h.Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? ❑Yes®No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? m Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑Yes®No C.Planning and Zoning C.1.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the OYes❑No only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,F and G. Note: Sections D and E have been skipped per instructions and pages 4-13 removed. • If No,proceed to question C.2 and complete all remaining sections and questions in Part 1 C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plants)include the site ®Yes❑No where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action ®Yes❑No would be located? b.Is the site of the proposed action within any local or regional special planning district(for example: Greenway; OYesE3No Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes, identify the plants): NYS DEC Environmental Remediation Sites C755012 and C755012A c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ❑Yes®No or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Page 2 of 13 C.3. Zoning a. Is the site of the proposed action located in a municipality with an adopted zoning law or ordinance. ®Yes❑No If Yes,what is the zoning classification(s)including any applicable overlay district? Planned Development Zone No. 12 b. Is the use permitted or allowed by a special or conditional use permit? Not applicable ❑Yes❑No c.Is a zoning change requested as part of the proposed action? ❑Yes❑No If Yes, i. What is the proposed new zoning for the site? The action will not result in new zoning, it will add new uses and modify existing uses. CA.Existing community services. a.In what school district is the project site located? Ithaca City School District b.What police or other public protection forces serve the project site? Tompkins County Sheriff Department c.Which fire protection and emergency medical services serve the project site? Ithaca Fire Department d.W hat parks serve the project site? The PDZ is a commercial/manufacturing facility/site. There are no parks on the site.The nearest public park is Buttermilk Falls State Park, approximately 1 mile away. Ithaca College,aa private institution, maintains walking trails on the parcel ad-'scent to the site. D.Project Details Sections D. and E. below are not required to be completed for this action; see C1. D.1.Proposed and Potential Development a.What is the general nature of the proposed action(e.g.,residential,industrial,commercial,recreational;if mixed,include all components)? b. a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres c. Is the proposed action an expansion of an existing project or use? ❑YesO No i. If Yes,what is the approximate percentage of the proposed expansion and identify the units(e.g., acres,miles,housing units, square feet)? % Units: d.Is the proposed action a subdivision,or does it include a subdivision? ❑Yes❑No If Yes, i. Purpose or type of subdivision?(e.g.,residential,industrial,commercial; if mixed,specify types) ii. Is a cluster/conservation layout proposed? ❑Yes❑No iii. Number of lots proposed? iv. Minimum and maximum proposed lot sizes? Minimum Maximum e.Will the proposed action be constructed in multiple phases? ❑Yes❑No i. If No,anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases,including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 of 13 e.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district ❑YesO No which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? If Yes: i.Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii. Name: iii. Brief description of attributes on which listing is based: £Is the project site,or any portion of it, located in or adjacent to an area designated as sensitive for ❑Yes❑No archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? g.Have additional archaeological or historic site(s)or resources been identified on the project site? ❑Yes E]No If Yes: i.Describe possible resource(s): ii. Basis for identification: h.Is the project site within fives miles of any officially designated and publicly accessible federal, state,or local ❑Yes❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of,or basis for,designation(e.g.,established highway overlook, state or local park,state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑Yes❑No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes❑No F.Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal,please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Town of Ithaca Date July 12,2021 Signature Title Town Supervisor PRINT FORM Page 13 of 13 Full Environmental Assessment Form Project Agency Use Only[If applicable] Part 2-Identification of Potential Project Impacts Date: ----------� Part 2 is to be completed by the lead agency. Part 2 is designed to help the lead agency inventory all potential resources that could be affected by a proposed project or action. We recognize that the lead agency's reviewer(s)will not necessarily be environmental professionals. So,the questions are designed to walk a reviewer through the assessment process by providing a series of questions that can be answered using the information found in Part 1. To further assist the lead agency in completing Part 2,the form identifies the most relevant questions in Part 1 that will provide the information needed to answer the Part 2 question. When Part 2 is completed,the lead agency will have identified the relevant environmental areas that may be impacted by the proposed activity. If the lead agency is a state agency and the action is in any Coastal Area,complete the Coastal Assessment Form before proceeding with this assessment. Tips for completing Part 2: • Review all of the information provided in Part 1. • Review any application,maps, supporting materials and the Full EAF Workbook. • Answer each of the 18 questions in Part 2. • If you answer"Yes"to a numbered question,please complete all the questions that follow in that section. • If you answer"No"to a numbered question,move on to the next numbered question. • Check appropriate column to indicate the anticipated size of the impact. • Proposed projects that would exceed a numeric threshold contained in a question should result in the reviewing agency checking the box"Moderate to large impact may occur." • The reviewer is not expected to be an expert in environmental analysis. • If you are not sure or undecided about the size of an impact,it may help to review the sub-questions for the general question and consult the workbook. • When answering a question consider all components of the proposed activity,that is,the"whole action". • Consider the possibility for long-term and cumulative impacts as well as direct impacts. • Answer the question in a reasonable manner considering the scale and context of the project. 1. Impact on Land Proposed action may involve construction on, or physical alteration of, ®NO ❑YES the land surface of the proposed site. (See Part 1. D.1) I "Yes", answer questions a-J. I "No", move on to Section 2. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may involve construction on land where depth to water table is E2d ❑ ❑ less than 3 feet. b.The proposed action may involve construction on slopes of 15%or greater. E2f ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed,or Eta ❑ ❑ generally within 5 feet of existing ground surface. d.The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f.The proposed action may result in increased erosion,whether from physical D2e,D2q ❑ ❑ disturbance or vegetation removal(including from treatment by herbicides). g.The proposed action is,or may be,located within a Coastal Erosion hazard area. Bli ❑ ❑ h.Other impacts: ❑ ❑ Page 1 of 10 FEAF 2019 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site(e.g., cliffs, dunes, ©NO ❑YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes", answer questions a-c. I "No", move on to Section 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Identify the specific land form(s)attached: Egg ❑ ❑ b.The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ©NO ❑YES bodies (e.g., streams,rivers,ponds or lakes). (See Part 1. D.2, E.2.h) I "Yes", answer questions a- 1. I "No", move on to Section 4. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b,Dlh ❑ ❑ b.The proposed action may result in an increase or decrease of over 10%or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d.The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland,or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody,either from upland erosion, D2a,D2h ❑ ❑ runoff or by disturbing bottom sediments. f.The proposed action may include construction of one or more intake(s)for withdrawal D2c ❑ ❑ of water from surface water. g.The proposed action may include construction of one or more outfall(s)for discharge D2d ❑ ❑ of wastewater to surface water(s). h.The proposed action may cause soil erosion,or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q,E2h ❑ ❑ around any water body. k.The proposed action may require the construction of new,or expansion of existing, Dla,D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ✓❑NO -]YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c,D.2.d, D.2.p, D.2.q, D.2.t) If"Yes", answer questions a-h. If"No", move on to Section 5. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells,or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b.Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c. The proposed action may allow or result in residential uses in areas without water and Dla,D2c ❑ ❑ sewer services. d.The proposed action may include or require wastewater discharged to groundwater. D2d,E21 e. The proposed action may result in the construction of water supply wells in locations D2c,Elf, ❑ ❑ where groundwater is,or is suspected to be,contaminated. Elg,Elh f.The proposed action may require the bulk storage of petroleum or chemical products D2p,E21 ❑ ❑ over ground water or an aquifer. g.The proposed action may involve the commercial application of pesticides within 100 E2h,D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21,D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ✓❑NO ❑YES (See Part 1. E.2) I "Yes", answer questions a-g. I "No", move on to Section 6. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. Eli ❑ ❑ b.The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d.The proposed action may result in,or require,modification of existing drainage D2b,D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b,E2i, ❑ ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. ✓�NO YES (See Part 1. D.2.f.,D.21,D.2.g) If"Yes", answer questions a-f. If"No", move on to Section 7. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.If the proposed action requires federal or state air emission permits,the action may also emit one or more greenhouse gases at or above the following levels: i. More than 1000 tons/year of carbon dioxide(CO2) D2g ❑ ❑ ii. More than 3.5 tons/year of nitrous oxide(N20) D2g ❑ ❑ iii.More than 1000 tons/year of carbon equivalent of perfluorocarbons(PFCs) D2g ❑ ❑ iv.More than.045 tons/year of sulfur hexafluoride(SF6) D2g ❑ ❑ v. More than 1000 tons/year of carbon dioxide equivalent of D2g ❑ ❑ hydrochloroflourocarbons(HFCs)emissions vi.43 tons/year or more of methane D2h ❑ ❑ b.The proposed action may generate 10 tons/year or more of any one designated D2g ❑ ❑ hazardous air pollutant,or 25 tons/year or more of any combination of such hazardous air pollutants. c. The proposed action may require a state air registration,or may produce an emissions D2f,D2g ❑ ❑ rate of total contaminants that may exceed 5 lbs.per hour,or may include a heat source capable of producing more than 10 million BTU's per hour. d.The proposed action may reach 50%of any of the thresholds in"a"through"c", D2g ❑ ❑ above. e. The proposed action may result in the combustion or thermal treatment of more than 1 D2s ❑ ❑ ton of refuse per hour. f.Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) RV NO RYES I "Yes", answer questions a-J. I "No", move on to Section 8. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.The proposed action may cause reduction in population or loss of individuals of any Ego ❑ ❑ threatened or endangered species,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. b.The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare,threatened or endangered species,as listed by New York State or the federal government. c. The proposed action may cause reduction in population,or loss of individuals,of any E2p ❑ ❑ species of special concern or conservation need,as listed by New York State or the Federal government,that use the site,or are found on,over,or near the site. d.The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need,as listed by New York State or the Federal government. Page 4 of 10 e. The proposed action may diminish the capacity of a registered National Natural E3c ❑ ❑ Landmark to support the biological community it was established to protect. f.The proposed action may result in the removal of,or ground disturbance in,any E2n ❑ ❑ portion of a designated significant natural community. Source: g.The proposed action may substantially interfere with nesting/breeding,foraging,or Elm ❑ ❑ over-wintering habitat for the predominant species that occupy or use the project site. h.The proposed action requires the conversion of more than 10 acres of forest, Elb ❑ ❑ grassland or any other regionally or locally important habitat. Habitat type&information source: i.Proposed action(commercial, industrial or recreational projects,only)involves use of D2q ❑ ❑ herbicides or pesticides. j. Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) QNO ❑YES I "Yes", answer questions a-h. I "No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the Etc,E3b ❑ ❑ NYS Land Classification System. b.The proposed action may sever,cross or otherwise limit access to agricultural land Ela,Elb ❑ ❑ (includes cropland,hayfields,pasture,vineyard,orchard,etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d.The proposed action may irreversibly convert agricultural land to non-agricultural Elb,E3a ❑ ❑ uses,either more than 2.5 acres if located in an Agricultural District,or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a,Elb ❑ ❑ management system. f.The proposed action may result,directly or indirectly,in increased development C2c,C3, ❑ ❑ potential or pressure on farmland. D2c,D2d g.The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h.Other impacts: ❑ ❑ Page 5 of 10 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in ❑✓NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E.La,E.Lb,E.31.) I "Yes", answer questions a-g. I "No", go to Section 10. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Proposed action may be visible from any officially designated federal,state,or local E3h ❑ ❑ scenic or aesthetic resource. b.The proposed action may result in the obstruction,elimination or significant E3h,C2b ❑ ❑ screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally(e.g., screened by summer foliage,but visible during other seasons) ❑ ❑ ii.Year round ❑ ❑ d.The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents,including travel to and from work ❑ ❑ ii.Recreational or tourism based activities Elc ❑ ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla,Ela, ❑ ❑ project: Dlf,Dlg 0-1/2 mile 1/2-3 mile 3-5 mile 5+ mile g.Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological �✓ NO YES resource. (Part 1. E.3.e,f. and g.) If"Yes", answer questions a-e. If"No", go to Section 11. Relevant No,or Moderate Part I small to large Question(s) impact impact may m r r a. The proposed action may occur wholly or partially within,or substantially contiguous to,any buildings,archaeological site or district which is listed on the National or E3e ❑ ❑ State Register of Historical Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places. b.The proposed action may occur wholly or partially within,or substantially contiguous E3f ❑ ❑ to,an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory. c. The proposed action may occur wholly or partially within,or substantially contiguous E3g ❑ ❑ to,an archaeological site not included on the NY SHPO inventory. Source: Page 6 of 10 d.Other impacts: ❑ ❑ If any of the above(a-d)are answered"Moderate to large impact may e. occur",continue with the following questions to help support conclusions in Part 3: i. The proposed action may result in the destruction or alteration of all or part E3e,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which E3e,E3f, ❑ ❑ are out of character with the site or property,or may alter its setting. E3g,E3h, C2,C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a WINO ❑YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes", answer questions a-e. I "No", go to Section 12. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions,or"ecosystem D2e,Elb ❑ ❑ services",provided by an undeveloped area,including but not limited to stormwater E2h, storage,nutrient cycling,wildlife habitat. E2m,E2o, E2n,E2p b.The proposed action may result in the loss of a current or future recreational resource. C2a,Elc, ❑ ❑ C2c,E2q c. The proposed action may eliminate open space or recreational resource in an area C2a,C2c ❑ ❑ with few such resources. Elc,E2q d.The proposed action may result in loss of an area now used informally by the C2c,Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ✓V NO ❑YES environmental area(CEA). (See Part 1. E.3.d) I "Yes", answer questions a- c. ff"No", go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b.The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. Z✓ NO FYES (See Part 1. D.2.j) I "Yes", answer questions a-,f I "No", go to Section 14. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a.Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b.The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c. The proposed action will degrade existing transit access. D2j ❑ ❑ d.The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e.The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. QNO YES (See Part 1. D.21) If"Yes", answer questions a- e. If"No", go to Section 15. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new,or an upgrade to an existing,substation. D2k ❑ ❑ b.The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq,D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d.The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e.Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. Q✓ NO YES (See Part 1. D.2.m.,n., and o.) If"Yes", answer questions a-f. If"No", go to Section 16. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b.The proposed action may result in blasting within 1,500 feet of any residence, D2m,Eld ❑ ❑ hospital, school, licensed day care center,or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d.The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky-glow brighter than existing D2n,Ela ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure FV NO YES to new or existing sources of contaminants. (See Part 1.D.2.q.,E.1. d. f. g. and h.) I "Yes", answer questions a-m. I "No", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school,hospital,licensed day Eld ❑ ❑ care center,group home,nursing home or retirement community. b.The site of the proposed action is currently undergoing remediation. Elg,Elh ❑ ❑ c. There is a completed emergency spill remediation,or a completed environmental site Elg,Elh ❑ ❑ remediation on,or adjacent to,the site of the proposed action. d.The site of the action is subject to an institutional control limiting the use of the Elg,Elh ❑ ❑ property(e.g.,easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg,Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f.The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation,treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g.The proposed action involves construction or modification of a solid waste D2q,Elf ❑ ❑ management facility. h.The proposed action may result in the unearthing of solid or hazardous waste. D2q,Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal,or processing,of D2r,D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf,Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k.The proposed action may result in the migration of explosive gases from a landfill Elf,Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the D2s,Elf, ❑ ❑ project site. D2r in.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. �NO YES (See Part 1. CA, C.2. and C.3.) If"Yes", answer questions a-h. If"No", go to Section 18. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action's land use components may be different from,or in sharp C2, C3,Dla ❑ ❑ contrast to,current surrounding land use pattem(s). Ela,Elb b.The proposed action will cause the permanent population of the city,town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2,C3 ❑ ❑ d.The proposed action is inconsistent with any County plans,or other regional land use C2, C2 ❑ ❑ plans. e. The proposed action may cause a change in the density of development that is not C3,Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld,Dlf, Dld,Elb f.The proposed action is located in an area characterized by low density development C4,132c,D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g.The proposed action may induce secondary development impacts(e.g.,residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. R]NO YES (See Part 1. C.2, C.3, D.2,E.3) I "Yes", answer questions a-g. I "No",proceed to Part 3. Relevant No,or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures,or areas E3e,E3f,E3g ❑ ❑ of historic importance to the community. b.The proposed action may create a demand for additional community services(e.g. C4 ❑ ❑ schools,police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3,Dlf ❑ ❑ there is a shortage of such housing. D 1 g,E t a d.The proposed action may interfere with the use or enjoyment of officially recognized C2,E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f.Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela,Elb E2 ,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Agency Use Only [IfApplicable] Project: Date Full Environmental Assessment Form Part 3 -Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets, as needed. SEE ATTACHMENT FOR PART 3 Determination of Significance - Type 1 and Unlisted Actions SEQR Status: ✓❑ Type 1 ❑Unlisted Identify portions of EAF completed for this Project: 0 Part 1 0 Part 2 Q✓ Part 3 FEAF 2019 Upon review of the information recorded on this EAF,as noted,plus this additional support information and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: Q✓ A. This project will result in no significant adverse impacts on the environment, and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617.7(d)). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Amending Town Code,Zoning Ch.271,to Modify and Expand the Permitted Uses in PDZ No. 12(South Hill Business Campus) Name of Lead Agency: Town of Ithaca Name of Responsible Officer in Lead Agency: Rod Howe Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Susan Ritter Address: 215 N.Tioga Street Telephone Number: 607-273-1747 E-mail: sritter@town.ithaca.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 Part 3—Full Environmental Assessment Form—Attachment Evaluation of Magnitude and Importance of Project Impacts Modifications to the South Hill Business Campus (SHBC) Planned Development Zone (PDZ) are not anticipated to pose significant impacts. The proposed changes are relatively minor and add or modify several permitted uses that can be easily accommodated within the existing expansive facility and do not necessitate any new development of the site. The changes include: • Permitting on-site catering. Currently catering uses are limited to only"off premises catering". Given the large number of tenants and guests that utilize the SHBC, allowing on-site catering makes practical sense. • Permitting a broader range of indoor sporting activities. The current PDZ language allows "fitness center" which implies a health club type facility, but not necessarily the broader spectrum of sporting activities. The proposal broadens the language to include "exercise or gymnasium facilities" and/or"courts,fields, rinks, or ranges for recreational sports or physical training", along with ancillary uses (equipment storage, bathrooms, locker rooms, showers). • Permitting small-scale retail use. Currently retail is only permitted as an ancillary use. The proposal is to remove the ancillary provision for retail uses that occupy 1,000 square feet or less. This would provide an opportunity, particularly for specialty retailers,to have a stable/permanent business location, as well as an opportunity for the SHBC to expand its offerings and attractions. • Permitting personal services that are limited to barber shop, hair/beauty salon, nail salon, and tattoo artist. These are uses that had not been previously permitted at the facility but are common services that the facility can accommodate. • Permitting small capacity restaurants without special permit. Restaurants are currently allowed, but all restaurants, no matter the size, are required to receive special permit from the Planning Board. The proposal is to permit restaurants with a gross floor area of up to 1,500 square feet (SF)without necessitating Board action. A restaurant of this size equates to approximately 45 to 60 seats(15 to 11 four-person tables), depending on the type of full-service restaurant and the desired spacing patterns (generally 20 SF/seat for fine dining and 15 SF/seat for other full service restaurants). The calculation also factors in that approximately 60%of the gross floor area for a restaurant is devoted to dining (versus kitchen/service). The SHBC continues to evolve and thrive as a mixed-use venue which benefits the community in many ways beyond just economically. When first established as a PDZ in 2005,the former manufacturing facility served mostly office and research/manufacturing uses. Today the facility hosts a unique blend of businesses beyond office and industrial that includes an entire section of the ground floor devoted to studios for artists("Artist Alley") and another area devoted to wellness providers ("The Wellness Center"). This success is due to the SHBC's ability to adapt and evolve. The Town's proposed modifications to the SHBC PDZ are intended to aid in this process and ensure that the facility continues to be successful. While none of the proposed new uses are anticipated to significantly increase the intensity of activity at the SHBC,the facility is well-situated to handle any potential traffic increases that may result from the added uses. The SHBC is located off State Road 96B (950 Danby Road) and has two traffic-light controlled ingress/egress access points. The site also has an abundance of available on-site parking to accommodate existing and future uses. Given these reasons, and the relatively modest changes proposed, the modifications to the PDZ are not anticipated to create any significant impacts. MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 TB Resolution No. 2021- : Adoption of Local Law No.X of 2021 Amending Zoning Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, to Modify and Expand the Permitted Uses in Planned Development Zone No. 12 (South Hill Business Campus) Whereas,Planned Development Zone No. 12 of the Town of Ithaca Code was originally adopted in 2005 to provide the South Hill Business Campus (SHBC) with a flexible framework to accommodate a wide range of business activities and uses, and Whereas, the Town Board in 2015 approved amendments to the PDZ to update the decades old language and modify and expand the permitted uses at the facility, and Whereas, the Town Planning Committee at its meeting on May 20, 2021 discussed modifying and expanding several permitted uses at the SHBC, allowing the facility to continue to evolve and provide a unique blend of business opportunities, and recommended the proposed PDZ modifications to the Town Board, and Whereas, at its meetings on June 14, 2021, the Ithaca Town Board reviewed and discussed the proposed local law and scheduled a public hearing for July 12, 2021 at 5:30 p.m. to hear all interested parties on the proposed local law entitled"A Local Law Amending Zoning Chapter 271 of the Town of Ithaca Code,Titled Zoning: Special Land Use Districts,to Modify and Expand the Permitted Uses in Planned Development Zone No. 12 (South Hill Business Campus)"; and Whereas,notice of said public hearing was duly advertised in the Ithaca Journal; and Whereas, said public hearing was duly held on said date and time at the Town Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to speak on behalf of or in opposition to said proposed local law, or any part thereof; and Whereas,pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type I Action for which the Town Board of the Town of Ithaca,acting as lead agency in an environmental review with respect to adoption of this local law, has, on July 12, 2021, made a negative determination of environmental significance,after having reviewed and accepted as adequate the Long Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the amended and new uses proposed for the PDZ further the health and welfare of the community and are in accordance with the Comprehensive Plan; Now, therefore,be it 1 RESOLVED, that the Town Board of the Town of Ithaca hereby adopts Local Law of 2021 entitled "A Local Law Amending Zoning Chapter 271 of the Town of Ithaca Code, Titled Zoning: Special Land Use Districts, To Modify and Expand the Permitted Uses in Planned Development Zone No. 12 (South Hill Business Campus); And it is further Resolved, that the Town Clerk is hereby authorized and directed to file said local law with the Secretary of State as required by law. Moved: Seconded: Vote: 2 MEETING OF THE ITHACA TOWN BOARD Monday,July 12, 2021 TB Resolution 2021 -XXX: Authorization for Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and stormwater related easements associated with the Final Site Plan Approval and Special Permit for the Dalai Lama Library& Learning Center Whereas the Dalai Lama Library& Learning Center Project includes stormwater management and treatment facilities which necessitates a Stormwater Operation, Maintenance, and Reporting Agreement, along with associated stormwater easements, between the Namgyal Monastery Institute of Buddhist Studies and the Town of Ithaca, and Whereas,pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that approval of the proposed Operation, Maintenance and Reporting Agreement, and the proposed Permanent Stormwater and Access Easements and Right-of-Way, is a Type II action because it constitutes "routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment," and thus this action is not subject to review under SEQRA; now therefore be it Resolved that the Town Board does hereby authorize the Town Supervisor to sign the Stormwater Operation, Maintenance, and Reporting Agreement and stormwater easements associated with the Dalai Lama Library& Learning Center Project, subject to the approval of the Attorney for the Town. Moved: Seconded: Vote: Ayes - Namgyal Monastery-HHDL Library Stormwater Maintenance Agreement -April 28,2021 OPERATION, MAINTENANCE,AND REPORTING AGREEMENT THIS AGREEMENT is effective this day of _, 2021, by and between the TOWN OF ITHACA,a municipal corporation with offices at 215 North Tioga Street,Ithaca,New York 14850 (the "Town"), and NAMGYAL MONASTERY INSTITUTE OF BUDDHIST STUDIES,a New York religious corporation with its principal office at 201 Tibet Drive,Ithaca,NY 14850 (the "Owner"). WITNESSETH: WHEREAS,the Owner received final site plan approval for the His Holiness the Great 14th Dalai Lama Library and Learning Center, also known as the Namgyal Monastery-HHDL Library, (the "Approval") from the Town's Planning Board by resolution number 2021-010 dated April 6, 2021 on Tax Map Parcel 43.-2-10 at 201 Tibet Drive in the Town of Ithaca,Tompkins County,New York; and WHEREAS, such Approval was granted conditionally upon the construction,maintenance and implementation of approved stormwater facilities and/or other stormwater management practices, submission of stormwater inspection reports,and an agreement with the Town regarding the same; NOW,THEREFORE,in consideration of the granting of the Approval and in furtherance of the public purposes of providing adequate stormwater retention and maintenance,the parties agree as follows: 1. Construction of Facilities and Implementation of Practices. (a) The Owner agrees to construct all of the stormwater management facilities,erosion and sedimentation control facilities and storm drainage facilities (collectively referred to as the "Facilities") shown on the final plans which are part of the Approval, copies of which are on file in the Town of Ithaca offices. Without limiting the foregoing, the Owner agrees to construct, at its expense: (i) The forebay, bioretention filter, and additional pond outlet control structure, which shall be located substantially as shown on Sheet C201-Site Utility and Drainage Plan, Sheet C301-Erosion and Sediment Control Plan, and Sheet 501-Details, all dated 04/26/2021, which three sheets are contained in the drawing set titled "New Construction, Namgyal Monastery, HHDL Library, Tibet Drive, Ithaca, New York 14850" prepared by T.G. Miller, P.C., Engineers and Surveyors (these three sheets are referred to in this Agreement as the "Drawings"); and (ii) All other Facilities, including pipes, mains, drains, outlet and inlet structures, manholes, swales, and all other drainage-related facilities and structures, whether above or below grade, which shall be located substantially as shown on the Drawings; and Page 1 of 6 06/24/11 Namgyal Monastery-HHDL Library Stormwater Maintenance Agreement -April 28,2021 (iii) Such future Facilities as may be required to be constructed by applicable laws, rules, or regulations. (b) The Owner further agrees to implement, at its expense, all approved stormwater management practices ("Practices"), in addition to the Facilities, that are required as part of the Approval, and such future Practices as may be required by applicable laws, rules, or regulations. (c) All of the Facilities and Practices in subparagraphs(a)and(b)above shall be constructed and implemented as shown on the Drawings, in accordance with good engineering practice and applicable New York State standards and specifications, and to the reasonable satisfaction of the Town Engineer. 2. Inspection, Maintenance and Repair of Facilities and Practices. The Owner agrees for itself, its legal representatives, successors and assigns and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located, such agreement being expressly intended to run with the land and be binding forever, to operate, maintain and repair the Facilities and Practices to insure that they continue to function for their intended purpose and as designed. In furtherance of such obligation, and without limiting the obligations set forth in the preceding sentence,the Owner agrees to follow the maintenance plan for regular and recurring inspections and maintenance of the Facilities and Practices which is part of the Approval and is set forth in the approved Stormwater Pollution Prevention Plan prepared by T.G. Miller, P.C., Engineers and Surveyors, dated and last revised . In addition, the Owner shall perform such other inspections, maintenance and repair as may be reasonably required by the Town Engineer in order to assure the continued operation of the Facilities and Practices as intended and designed. The Owner, at its own expense, shall perform all of the foregoing inspections, maintenance and repair and any other inspections, maintenance and repair reasonably necessary to keep all Facilities and Practices functioning in a good and workmanlike manner. 3. Town Inspections, Repair and other Activities. The Owner shall grant to the Town the permanent easement and right-of-way which is attached to this Agreement as Exhibit A. The Owner agrees the Town may enter upon the property described in Exhibit A or any portion thereof for the purposes of observing and inspecting the Facilities and Practices at any time and from time to time as may be deemed appropriate, necessary or desirable by the Town, the Town Engineer, or other officers or employees of the Town,and to make repairs to and undertake other actions regarding the Facilities and Practices as set forth below. If maintenance deficiencies are found as a result of such inspections,the Town Engineer will notify the Owner in writing,and the Owner shall cause needed repairs to be made and/or needed maintenance performed within the number of days set forth in such notice. If the Owner fails to complete the repairs and/or maintenance to the satisfaction of the Town Engineer within the required period,the Town reserves the right(but does not have the obligation)to have the repairs made and/or maintenance performed and will charge the Owner for the cost of such repairs and maintenance. The Owner agrees to pay for such repairs and maintenance within 10 days after demand for same. Notwithstanding the foregoing,if an emergency exists requiring immediate action, the Owner hereby authorizes the Town, its officers, agents, contractors and employees, to enter upon the property and effect emergency repairs to and perform emergency maintenance on, and/or to alter,remove,replace,or change the size of,any portion of the Facilities or Practices in the Page 2 of 6 06/24/11 Namgyal Monastery-HHDL Library Stormwater Maintenance Agreement -April 28,2021 event of a threat to the safety of the Facilities,Practices or properties adjacent to or downstream of any portion of the Facilities or Practices, with the cost of such activities to be reimbursed by the Owner to the Town within 10 days of demand for same. When any portion of any Facility or Practice is located off-site or on the property of a third party,the Owner,at its sole cost and expense, shall obtain easements and rights-of-way thereto acceptable to the Town. 4. Contest of Bills. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and issues a demand for reimbursement,and the Owner disputes either the need for the repairs/activities or the cost of the repairs/activities, the Owner, in lieu of paying the amount demanded shall, within 10 days of receipt of the demand, deliver to the Town Clerk at the Town offices a Notice of Contest stating that the need for the repairs/activities,or cost, or both,is in dispute and concisely stating the basis for the dispute. Failure to serve such a Notice of Contest shall be deemed a waiver of any claim or defense that the amount demanded is not justified. If the Notice of Contest is timely filed,the Town shall,within forty-five days of the filing,arrange for a hearing before the Town Board which, based upon any relevant materials presented by the Town Engineer and the Owner,shall issue a resolution determining the dispute within 10 days after the hearing. Such resolution shall be filed with the Town Clerk,who shall arrange for delivery of a copy of the resolution to the Owner,within five days after such filing,at the address for such Owner set forth at the outset of this Agreement or at such other address as the Owner may designate in writing to the Town Clerk and Town Engineer. If the Owner disagrees with the resolution, it may bring a proceeding pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York,provided such proceeding is commenced within 30 days of the filing with the Town Clerk of the decision of the Town Board. The Owner agrees to the shortened statute of limitations of 30 days within which it must assert its claims in any Article 78 proceeding. Failure to timely institute such a proceeding shall be deemed an agreement with the decision of the Board. 5. Addition to Taxes. In the event the Town makes repairs or undertakes emergency activities as described in paragraph 3 above and the Owner fails to reimburse the Town for the cost of said repairs/activities within 10 days after the demand for same, or, if contested by the proceedings set forth above,fails to so reimburse within 30 days of the filing of the final decision on the contest determining the amount due to the Town,then such unpaid costs,expenses and interest at the per annum rate of 9% incurred from the date of repair/activity shall constitute a lien upon the land on which the Facilities or Practices are located. The Town may bring a legal action or proceeding to collect such costs, expenses,interest,and recoverable attorney's fees,or to foreclose such lien. As an alternative to the maintenance of any such action, the Town may file a certificate with the Tompkins County Department of Assessment stating the costs and expenses incurred and interest accruing as aforesaid,together with a statement identifying the property and Owner so that the Tompkins County Department of Assessment shall in the preparation of the next assessment roll assess such unpaid costs,expenses and interest upon such property. Such amount shall be included as a special ad valorem levy(administered as a move tax) against such property, shall constitute a lien, and shall be collected and enforced in the same manner,by the same proceedings, at the same time, and under the same penalties as are provided by law for collection and enforcement of real property taxes in the Town of Ithaca. The Owner agrees that the assessment of such costs,expenses and interest shall be effective even if the property would otherwise be exempt from real estate taxation. In any action or proceeding brought hereunder, the prevailing party shall be entitled to recovery from the other party of its reasonable costs in prosecuting or defending any action, Page 3 of 6 06/24/11 Namgyal Monastery-HHDL Library Stormwater Maintenance Agreement -April 28,2021 including reasonable attorneys' fees. The prevailing party shall be determined by the court determining the matter. "Prevailing party"shall mean a party which is awarded all or substantially all of the relief demanded by such party. 6. Inspection Reports. The Owner shall submit an annual stormwater inspection report to the Town Engineer on or before the first day of October of each year, with the first report being submitted the first October following the issuance of the Building Permit. Notwithstanding the foregoing, Owner shall submit stormwater inspection reports on a more frequent basis or on a different timetable where required by the Approval or by law,rule or regulation. Such reports shall, at a minimum, include the location of the property, Owner's contact information, a summary of completed inspections and results of such inspections,and a summary of any maintenance activities or corrective actions undertaken. Reports shall be signed by the Owner or other legally responsible party,and shall attest to the accuracy of the information provided in the report. Failure to submit the reports,or the submission of inaccurate reports,shall constitute a condition of non-compliance with the site plan Approval and be subject to enforcement as outlined below. 7. Alterations and Discontinuation of Facilities and Practices. The Owner shall not authorize, undertake or permit alteration, abandonment, modification or discontinuation of the Facilities or Practices except in accordance with written approval of the Town and pursuant to any applicable requirements for modification of site plan approvals. 8. Additional Requirements. The Owner shall comply with all Town of Ithaca stormwater operation,maintenance or reporting local laws, ordinances and regulations as they now exist or are hereafter added or amended. The parties agree to amend this Agreement as necessary to incorporate the requirements of any new or amended laws, ordinances or regulations. 9. Recording. This Agreement shall be recorded in the office of the Tompkins County Clerk and when recorded shall be referenced to the deeds for Tax Map Parcel 41-2-10. The costs of recording and referencing to affected deeds and parcels of land shall be the responsibility of the Owner. 10. Bindinpz Effect and Enforcement. (a) The Owner, its legal representatives, successors and assigns, and any other persons or entities who obtain title to or an interest in any portion of the properties on which any of the Facilities or Practices are located shall be bound by the terms of this Agreement. The Owner shall execute whatever documents are necessary to make this Agreement binding on any persons or entities who obtain title to, or an interest in, any portion of the properties on which any of the Facilities or Practices are located. (b)Failure to comply with any of the requirements of this Agreement shall,without limiting the remedies otherwise available to the Town, constitute a condition of non- compliance with the site plan Approval, shall be deemed a violation of the Town's Zoning Ordinance, and shall be subject to enforcement as outlined in Section 270-239 of the Town of Ithaca Code and Section 268 of the Town Law. Page 4 of 6 06/24/11 Namgyal Monastery-HHDL Library Stormwater Maintenance Agreement -April 28,2021 11. Representation as to Authority. Each of the persons executing this Agreement on behalf of the parties represents that he or she has full authority to execute the same on behalf of his or her party, and that by his or her execution,the party for which he or she is executing this Agreement is fully bound by its terms. 12. Limitation upon Town Liability and Indemnity. The Town shall not be liable or responsible for any injury to persons or damage to property due to the Town's actions,or failures to act,under or pursuant to this Agreement,unless it is proven to a reasonable degree of certainty that such injury or damage was caused by a reckless or intentional wrongful act of the Town or, where the Owner is not in breach of this Agreement and no emergency situation exists, by the Town's negligence. The Owner agrees to indemnify and hold harmless the Town and its elected officials, employees,agents,subcontractors and consultants for all damages,losses and claims that arise out of the Owner's and/or Town's actions or failures to act under or pursuant to this Agreement,except this indemnification shall not extend to the proportion of damages, losses and claims caused by a reckless or intentional wrongful act of the Town or,where Owner is not in breach of this Agreement and no emergency situation exists,by the Town's negligence. Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs. 13. Waivers. Where the Town Board finds that, due to the special circumstances of a particular case, a waiver of certain requirements in this Agreement is justified, a waiver may be granted. In all cases, no waiver shall be granted unless the Town Board finds and records in its minutes that: (1) granting the waiver would be in keeping with the intent and spirit of this Agreement, and is in the best interests of the community; (2) there is no adverse effect upon the character,appearance,or welfare of the neighborhood and any watercourses,watersheds,or surface waters; (3) there are special circumstances involved in the particular case; (4) denying the waiver would result in undue hardship,provided that such hardship has not been self-imposed; and(5)the waiver is the minimum necessary degree of variation from the requirements of this Agreement. 14. Assignment. The Town may assign this Agreement and any of its rights, duties and obligations to any successor entity or governmental institution, or to any one or more drainage or other districts hereafter created by the Town. 15. Severability. In the event that any portion of this Agreement is declared invalid by a court of competent jurisdiction,the validity of the remaining portions shall not be affected by such declaration of invalidity. IN WITNESS WHEREOF, the parties have executed this Agreement effective the day and year first above written. Page 5 of 6 06/24/11 Namgyal Monastery-HHDL Library Stornnwater Maintenance Agreement -April 28,2021 TOWN OF ITHACA By: Date Rod Howe, Supervisor NAMGYAL MONASTERY INSTITUTE OF BUDDHIST STUDIES By: Date Ngawang Dhondup,Administrator STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. Notary Public STATE OF NEW YORK COUNTY OF TOMPKINS : ss.: On the day of in the year 20 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Page 6 of 6 06/24/11 PERMANENT STORMWATER AND ACCESS EASEMENTS AND RIGHTS-OF-WAY THIS INDENTURE is made this day of 2021 by and between Namgyal Monastery Institute of Buddhist Studies, a New York religious corporation with its principal office at 201 Tibet Drive, Ithaca, NY 14850 ("Grantor"), and the Town of Ithaca, a municipal corporation of the State of New York, with offices at 215 North Tioga Street, Ithaca, New York 14850 ("Grantee" or the "Town"). The Grantor is the owner of a certain parcel of land of 27.29 acres, identified as tax parcel number 41-2-10, located in the Town of Ithaca, Tompkins County, New York (the "Premises"). NOW WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar ($1.00) and other good and valuable consideration paid by the Town, the receipt and sufficiency of which are hereby acknowledged by the Grantor and the Town, does hereby grant, remise, relinquish and release unto the Town, its successors and assigns forever, an EASEMENT and RIGHT-OF-WAY to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, together with any and all necessary or desirable related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon, and under the below-described parcels of land, such parcels being the areas of the permanent easement and right-of-way herein granted, and including the right to trim and/or remove trees, shrubs and other obstructions upon said parcels of land situate in the Town of Ithaca, County of Tompkins and State of New York, all as more particularly bounded and described as follows: The portions of the Premises containing the stormwater facilities depicted on Sheet C201-Site Utility and Drainage Plan, Sheet C301-Erosion and Sediment Control Plan, and Sheet 501-Details, all dated 04/26/2021, which three sheets are contained in the drawing set titled "New Construction, Namgyal Monastery, HHDL Library, Tibet Drive, Ithaca, New York 14850" prepared by T.G. Miller, P.C., Engineers and Surveyors (the attached three sheets are hereafter referred to as the "Drawings" and are incorporated herein by reference and made a part hereof), plus 10 feet around each stormwater facility. These facilities include a bioretention filter, a forebay, swales, and associated storm piping and structures located on the Premises. Being a portion of lands conveyed by Richard J. Leonardo, as Executor of the last Will and Testament of Clara O. Leonardo, to Namgyal Monastery Institute of Buddhist Studies by Instrument # 459875-001, dated August 1 23, 2004, and recorded in the Tompkins County Clerk's Office on August 25, 2004. FURTHER WITNESSETH: That the Grantor further hereby grants and releases unto the Town, its successors and assigns forever, for the purpose of accessing the aforementioned stormwater easement, an EASEMENT and RIGHT-OF-WAY for access by vehicles, persons and equipment over the shaded portions of the Premises, including the paved access drive known as Tibet Drive; such shaded areas are shown in the drawing entitled "Easement Map, New Construction, Namgyal Monastery, HHDL Library, Tibet Drive, Ithaca, New York 14850," dated 04/28/2021 and prepared by T.G. Miller, P.C., Engineers and Surveyors (the "Access Easement Map"), which attached Access Easement Map is incorporated herein by reference and made a part hereof.. FURTHER WITNESSETH: That the Grantor covenants and agrees that no buildings or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements) shall be constructed within the aforesaid permanent easements and rights-of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices. AND, Grantor further covenants and agrees: 1. Grantor, for itself and all of its successors and assigns, covenants and agrees that no building or structures (except for roads, buildings and other structures to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements) shall be constructed or placed within the aforesaid permanent easements and rights-of-way which will in any way interfere with complete access by the Town, its successors, assigns, employees and agents to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of any stormwater, drainage and/or sediment control facilities, including ditches,ponds, and other and related appurtenances and devices. 2. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except for trees or other plants to be installed and maintained on or 2 beneath the surface of the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements, no trees or other plants will be planted or cultivated that may interfere with the said easements and rights-of-way. 3. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except to the extent necessary for the construction, use and maintenance of buildings and other improvements on the Premises in accordance with permits and approvals issued by Grantee that explicitly reference the aforesaid permanent easements, it will not permit or conduct any mining, excavation, construction or blasting within said easements and rights-of-way. 4. Grantor, for itself and all of its successors and assigns, covenants and agrees that, except during the construction or maintenance of buildings, foundations and other improvements to be constructed, used and maintained on or beneath the surface of the Premises in accordance with permits and approvals issued by the Grantee that explicitly reference the aforesaid permanent easements, it will not engage in any conduct, directly or indirectly, that blocks, obstructs, or interferes with the ingress and egress rights of the Town, its successors, assigns, employees and agents. 5. Grantor, for itself and all of its successors and assigns, covenants and agrees that it will place the following provision in all conveyances of the property or portions thereof covered by these easements, or any rights therein: "Being the purpose of the said stormwater and access easements and rights-of way to convey rights to the Town of Ithaca for stormwater, drainage, sediment control and stormwater management purposes, including the conveyance of rights to said Town to excavate, install, lay, construct, operate, make observations of, inspect, maintain, alter, improve, repair, remove, replace or change the size of stormwater, drainage and/or sediment control facilities, including ditches, ponds, and other and related appurtenances and devices, together with the rights of free ingress and egress in, over, across, upon and under the below-described permanent easements and rights-of-way, and including the right to trim and/or remove trees, shrubs and other obstructions, all of which rights are (1) set forth in permanent easements and rights-of-way granted to the Town, the terms, obligations and conditions of which are expressly incorporated herein, and (2) assignable by the said Town to any successor or assign, or to any improvement district(s) now existing or hereafter to be formed." AND FURTHER Grantor and the Town acknowledge that the easements and rights-of-way hereby granted are fully assignable by the Town to any successor 3 or assign, or to any existing or future improvement district(s), without prejudice or recourse. TO HAVE AND TO HOLD said rights-of-way and easements unto the Town, its successors and assigns forever, it being the intent of the Grantor to have these easements and all related rights-of-way herein expressed run with the land forever, and be permanent and perpetual. AND THE TOWN DOES COVENANT that Grantee will at all times, when it enters the Premises for any purpose related to the permanent easements as granted by this instrument, leave the Premises in a neat and presentable condition, returning the Premises as nearly as practicable to its condition before such entry. IN WITNESS WHEREOF/the Grantor and Grantee have hereunto set their hands and seals the day and year first above written. NAMGYAL MONASTERY INSTITUTE OF TOWN OF ITHACA BUDDHIST STUDIES By: By: Ngawang Dhondup Rod Howe Administrator Supervisor 4 State of New York ) County of Tompkins ) ss.: On the day of in the year 20_ before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public State of New York ) County of Tompkins ) ss.: On the day of in the year 20_ before me, the undersigned, personally appeared Rod Howe, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public 5 1 2 3 4 5 6 7 8 9 10 -ALTEI-ARCHITECTS Architecture _ Planning — — — — _ — Interior Design 619 W. State Street Ithaca, New York 14850 132 E. Jefferson Street Syracuse, New York 13202 p 607 273 7600 www.holt.com WARNING: ALTERATIONS TO THIS MAP NOT CONFORMING SECTION 7209, F \ I — — — — — \ SUBDIVISION 2, NEWW YORK STATE _ � � Al" ;1 \ � EDUCATION LAW, ARE PROHIBITED BY (�—� 1 LAW. ALL CERTIFICATIONS HEREON ARE — "� ` \ / VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSION SEAL OF THE _ . — . — . — . — . — I XS WH0SEEDSIGNAOTURE IOAPPEARSGHE EON. I t na T.G. MILLER, P.C. ENGINEERS AND SURVEYORS 605 WEST STATE STREET, SUITE A j / I ITHACA. NEW YORK 14850 I I I /,-� I I / / \ I I / / �- � � .I � I I WWW.TGMILLERPC.COM r ( � \ r� i l l I I� I � µ�� � 1 4 607-272-6477 E I I I I I � _— --_ _. __„ I i / / � _ � n � � \ � I III I x �\ I I v I O REVISION SCHEDULE NAME--T DATE I "'EASEMENT FOR INGRESS, EGRESS AND MAINTENANCE OF STORMWATER MANAGEMENT PRACTICE TO BE DEDICATED TO THE TOWN OF ITHACA D / / J LO / 1 61 � \ ( / FFE / IryIJ C►+ ' / .. 117 I TAX PARCEL 43 . - 2 - 10 e / / / � I I \ )III LLI O tZI / / / I LLJ \ / / � 1 1 ' ' / / II Qz C U O ,�- w x 24" RCP � I I 1 ( / I / ; / ' I I \ U) > / i � ( \ z - \ �O l o w w O _ _ \ DATE: 04/28/2021 PROJECT: 2016066 OTHER: TGM E20-28 DRAWN BY: FLS A _ _ — _ EASEMENT A MAP - - - - DATA GRAPHIC SCALE \ o 40 80 120 �- 1OF1 1 2 3 4 5 6 7 8 9 10 Item 08 MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 TB Resolution 2021 - : Setting a public hearing regarding acceptance and authorization to sign Forest Home Walkway easements between the Town of Ithaca and Cornell University and 200 Forest Home Drive, property owned by William and Caroline Arms Whereas the Town of Ithaca is considering accepting a trail easement from Cornell University and William and Caroline Arms on property adjacent to the Forest Home Walkway to allow for reconstruction and maintaining the current alignment of the Forest Home Walkway, connection between Warren Road and Forest Home Drive, now therefore be it Resolved that the Ithaca Town Board will hold a public hearing at their meeting on August 9, 2021,beginning at 5:30 p.m. at Town Hall, 215 North Tioga Street. At such time all person wishing to speak concerning the approval and acceptance of trail easements as described will be heard. Approval is subject to Permissive Referendum as required by General Municipal Law Section 247, Moved: Seconded: Vote: PLANNING DEPARTMENT MEMORANDUM TO: TOWN BOARD MEMBERS FROM: MICHAEL SMITH, SENIOR PLANNER DATE: JULY 7, 2021 RE: GRANT APPLICATION CULVER ROAD PRESERVE— BABCOCK RIDGE TRAIL AND SITE ENHANCEMENTS NYS OPRHP 2021 ENVIRONMENTAL PROTECTION FUND GRANTS PROGRAM As part of this year's Consolidated Funding Application (CFA), the New York State Office of Parks, Recreation & Historic Preservation (OPRHP) announced the availability of funding under the Environmental Protection Fund Grants Program for Parks, Recreation and Heritage. Eligible park related projects include the "acquisition, development and planning of parks and recreational facilities to preserve, rehabilitate or restore lands, waters or structures for park, recreation or conservation purposes and for structural assessments and/or planning for such projects". The grant requires a 25% local match of the total project costs, and the application is deadline is July 30, 2021. As you know, in 2018 and 2019 the Town of Ithaca purchased approximately 74 acres on the north side of Culver Road from the Finger Lakes Land Trust through a NYS OPRHP grant. Since the Town now owns this land (Culver Road Preserve—Babcock Ridge), this new round of funding offers an opportunity to make a portion of this preserve more accessible to the public by install parking, trails, and other passive recreation amenities. The property is currently a mix of open fields, young successional growth, older woods, and woody invasive plants scatted throughout. The property also contains evidence of an old gravel mine on the eastern side and several of the open fields provide amazing views to the east and south that we hope to highlight and enhance. The elements that we anticipate incorporating as part of the grant include: parking area(s)totaling 10-15 spaces, stone dust trails (+/-4,500 ft), benches, picnic tables, a gazebo, dog waste stations, stormwater facilities as needed, native plantings (trees, shrubs,wildflower fields), and signage (trailhead, interpretative, misc directional). Eligible costs include pre-construction and design (hiring a design consultant and archeology survey if necessary), construction, and administration (construction supervision and State project signs). It is estimated that the total project cost would be approximately $285,200, with the Town's local share being$71,300. Attached is a draft resolution for the Board's consideration to authorize the Town to submit the application as part of the current CFA round. The complete description of the current CFA round related to parks is available at: https:Hparks.nv.gov/grants/consolidated- funding-app.aspx. I can also provide a copy if anyone is interested in the detailed material. Included is an aerial image of the Babcock Ridge property with a draft schematic site plan shown. You will also see that there is the SEAR Short EAF and a draft SEAR resolution included in the packet for this project. Usually the Town would wait to make a SEAR determination until we have at least preliminary designs completed for the project. But as a requirement of the grant application SEAR must be completed and provided as part of the application. If, when we get to the actual design of the project, there is anything significantly different from what was outlined in the current SEAR forms, the Town Board can update or consider another SEAR determination at that point. Please contact me at 273-1747 or email me at msmith@town.ithaca.ny.us if you have any questions prior to the July 12t" meeting. r,. f View of Buttermilk Falls and south hill from Babcock Ridge. 1 I,. ql qP VII, I j i I i d / Trail Parking a Scenic View Location Gazebo r Former Gravel Mine e �l MEETING OF THE ITHACA TOWN BOARD July 12,2021 TB Resolution 2021 - : SEQR: Design and Construction of the Culver Road Preserve—Babcock Ridge Trail and Site Enhancement Project Whereas, this action is the design and construction of passive recreational facilities (parking, trails, stormwater facilities, gazebo, picnic tables,benches, signage, etc.)on the Babcock Ridge portion (Town of Ithaca Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4) of the Culver Road Preserve, and Whereas, the Town of Ithaca acquired these parcels (totaling approximately 74 acres) from the Finger Lakes Land Trust in 2018 and 2019 using funding provided by the NYS Office of Parks, Recreation and Historic Preservation's Environmental Protection Fund grant program, and Whereas, the parcels are currently undeveloped and do not contain any amenities to allow the public to enjoy them, and Whereas, the Town of Ithaca is applying for funding from NYS Office of Parks, Recreation& Historic Preservation(OPRHP) under the 2021 Environmental Protection Fund Grants Program for Parks, Preservation and Heritage to assist in the design and construction costs (75% State funds), and Whereas, it has been determined that the above-described action is an Unlisted Action, pursuant to the State Environmental Quality Review Act, 6 NYCRR Part 617, and Town of Ithaca Code, Chapter 148 —Environmental Quality Review, for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the design and construction project, and Whereas, the Town Board, on July 12, 2021, has reviewed and accepted as adequate the Short Environmental Assessment Form, Parts 1, 2, and 3 prepared by Town staff for this action; now, therefore,be it Resolved, that the Ithaca Town Board hereby makes a negative determination of environmental significance based on the information in the Short EAF Part 1 and for the reasons set forth in the Short EAF Parts 2 and 3 in accordance with the New York State Environmental Quality Review Act and Chapter 148 of the Town of Ithaca Code for the above referenced action as proposed and, therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact Statement will be required. Moved: Seconded: Vote: Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part I—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: Culver Road Preserve-Babcock Ridge Trail&Site Enhancements Project Location(describe,and attach a location map): 230 Culver Road/Town of Ithaca Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4 Brief Description of Proposed Action: The Town of Ithaca is proposing to develop plans and construct trails and other features in a portion of the Town's newly acquired Culver Road Preserve. The portion of the preserve to be developed for passive recreational activities is called Babcock Ridge,is approximately 74 acres,and is located on the north side of Culver Road(Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4). The property is a mix of open fields,young successional growth,older woods,and woody invasive plants scatted throughout. The property also contains evidence of an old gravel mine on the eastern side and several of the open fields provide amazing views to the east and south that will be enhanced through this project. The elements that are anticipated to be incorporated include:parking area(s)totaling 10-15 spaces,stone dust trails(+/-4,500 ft), benches,picnic tables,a gazebo,dog waste stations,stormwater facilities as needed,native plantings(trees,shrubs,wildflower fields),and signage(trailhead, interpretative,misc directional). Name of Applicant or Sponsor: Telephone: 607-273-1721 Rod Howe,Supervisor,Town of Ithaca E-Mail: rhowe@town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14860 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that ❑ ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: Potential grant funding from NYS Office of Parks, Recreation and ❑ Historic Preservation(Environemntal Protection Fund) 3. a. Total acreage of the site of the proposed action? +/-74 acres b.Total acreage to be physically disturbed? +/-1-2 acres c. Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? +/-156 acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑Urban ✓❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial ❑ Residential(suburban) ✓❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): ❑✓ Parkland I la ge 1 of 3 S EAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ Fs—/] ❑ b. Consistent with the adopted comprehensive plan? ❑ Fs—/] ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES The northern edge of the Babcock Ridge properties are located in the Coy Glen Critical Environmental Area. If Yes,identify: ❑ ❑✓ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑ b. Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: N/A-The rrooposed project does not involve the construction of any buildings. _ ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: N/A-The proposed project does not require a water supply. 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: N/A-The proposed project does not require wastewater facilities. 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places, or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b. Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑� archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ❑ ❑� b.Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? ❑� If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: There are no streams,wetlands or other waterbodies on the Babcock Ridge properties.The adjacent property to the north contains Croy Glen Creek and there are several smaller streams located on properties on the south side of Culver Road. None of these streams are classified as regulated or protected streams. 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ED Shoreline Wl Forest FV_J Agricultural/grasslands 21 Early mid-successional FlWetland El Urban F-1 Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? Fv-,] F-1 16. Is the project site located in the 100-year flood plan? NO YES Fv_1 0_ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, F-1 R1_ a. Will storm water discharges flow to adjacent properties? Fv'1 0_ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? P/1 El If Yes,briefly describe: It is anticipated that new stormwater facilities will be required for any new discharges and will be managed on site. 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes, describe: 5/1 F 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes, describe: Fv_1 F-1 I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Rod Howe,Town of Ithaca Date: Signature: —Title: Town Supervisor PRINT FORM 11,,ige 1 of 3 Agency Use Only [If applicable] Project: Babcock Ridge Enhancements Date: July 12,2021 Short Environmental Assessment Form Part 2 -Impact Assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? RI El 2. Will the proposed action result in a change in the use or intensity of use of land? ❑� El 3. Will the proposed action impair the character or quality of the existing community? ❑✓ El 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? RI b.public/private wastewater treatment utilities? ❑✓ 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? RI 0 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater, air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Pagel of 2 Agency Use Only[If applicable] Project: Babcock Ridge Enhance Date: JJU1Y 12, 2021 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. The Town of Ithaca is proposing to develop plans and construct trails and other features in a portion of the Town's newly acquired Culver Road Preserve. The portion of the preserve to be developed for passive recreational activities is called Babcock Ridge, is approximately 74 acres, and is located on the north side of Culver Road (Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4). The property is a mix of open fields, young successional growth, older woods, and woody invasive plants scatted throughout. The property also contains evidence of an old gravel mine on the eastern side and several of the open fields provide amazing views to the east and south that will be enhanced through this project. Only minor amounts of trees or other vegetation will need to be removed, as most of the facilities will be located in the existing open fields. Most of the vegetation that will be removed are invasive plants. The elements that are anticipated to be incorporated include: parking area(s)totaling 10-15 spaces, stone dust trails (+/-4,500 ft), benches, picnic tables, a gazebo, dog waste stations, stormwater facilities as needed, native plantings (trees, shrubs, wildflower fields), and signage (trailhead, interpretative, misc directional). The eastern portion of the property is located within a Archaeological Sensitive Area (Question 12b). It is anticipated that an archeological survey will be required by the grant prior to construction for any areas of potential ground disturbance (construction of parking areas, trail, stormwater facilities, etc.). The project will require minor grading for the parking areas, stormwater facilities and portions of the trails. A SWPPP and sedimentation &erosion control plans will be developed as necessary as part of the design. The facilities created by this project will allow the public to access and enjoy this portion of the Town preserve for passive recreational activities (walking, snowshoeing, picnicking, nature observation, enjoying scenic views, etc.). The project is consistent with the Town's Park, Recreation and Open Space Plan and Comprehensive Plan. There are no short-term, long-term or cumulative negative impacts related to the proposal. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Town of Ithaca Town Board Name of Lead Agency Date Rod Howe Supervisor Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(i ifferent from Responsible Officer) PRINT FORM Page 2 of 2 EAF Mapper Summary Report Thursday, June 24, 2021 4:00 PM Disclaimer: The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form(EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks. Although ��.->> the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources in order to obtain data not provided by the Mapper.Digital data is not a l'd, substitute for agency determinations. Wmitreial U ,tom a 1� T r dark 9 t 1-34plq r>r; i r Now wzwk ! , ftl i�t ql n "i ,�,1,,, C"reul�i tl wi F,hYm�4ideird"lia as irnip LISGS, Int6nn aka,ll',:R1E,�t1 1 T�� iN ,��r�, E�II Japan,I�gEll,.EGII�'�lll IR3 Ha r�� I�u.�rir ,Ern I'M�I 1"it � o�illy E 11 I��l:?ii i l°IE�I, n t:lilrid.4 �H� I Ipa I�� +r7r bri Korn Esh M'-'ia" IP C "� -r ck"an'irrrumlk� ,�n���r�"�d��7S���itPti�l��lx �ir�nl� �������le C"I'S Uses CCA11rri�u:ulity � iL�ir� Yrl�a� _ o,�" ���n�#���m�1�9��.�a:�l��ril.+s.fid.wr���i�watl'1��.�I�w.la Part 1 /Question 7 [Critical Environmental Yes Area] Part 1 /Question 7 [Critical Environmental Name:Coy Glen, Reason:Wide variety of botanical species, Agency:lthaca, Area - Identify] Town of, Date:2-14-79 Part 1 /Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 /Question 12b [Archeological Sites] Yes Part 1 /Question 13a [Wetlands or Other Yes- Digital mapping information on local and federal wetlands and Regulated Waterbodies] waterbodies is known to be incomplete. Refer to EAF Workbook. Part 1 /Question 15 [Threatened or No Endangered Animal] Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 /Question 20 [Remediation Site] No Short Environmental Assessment Form - EAF Mapper Summary Report 1 MEETING OF THE ITHACA TOWN BOARD Monday,July 12, 2021 TB Resolution No. 2021 - : Authorization to Apply for Funding through the 2021 Environmental Protection Fund Grants Program for Parks, Preservation and Heritage for design and construction of the Culver Road Preserve—Babcock Ridge Trail and Site Enhancement Project Whereas,the New York State Office of Parks, Recreation& Historic Preservation (OPRHP)has announced the availability of funding under the 2021 Environmental Protection Fund Grants Program for Parks,Preservation and Heritage, which includes categories for design and construction under the Parks Program, and Whereas,the maximum assistance allowed toward the cost of the project is $500,000, with a 25%local match required, and Whereas, the Town of Ithaca is seeking to develop designs and construct passive recreational facilities (parking, trails, stormwater facilities, gazebo,picnic tables,benches, signage, etc.) on the Babcock Ridge portion (Town of Ithaca Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4) of the Culver Road Preserve, and Whereas,the Town of Ithaca estimates the total cost of this project to be approximately $285,200, based on cost estimates provided by two qualified design consultants and the Town of Ithaca's Engineering, Public Works, and Planning Departments, and Whereas, grant applications are due by July 30, 2021; now, therefore,be it Resolved, that the Supervisor of the Town of Ithaca, or designated representative, is hereby authorized and directed to file an application for design and construction costs for the Culver Road Preserve—Babcock Ridge Trail and Site Enhancement project under the 2021 Environmental Protection Fund Grants Program for Parks, Preservation and Heritage in an amount not to exceed $285,200 ($71,300 Town of Ithaca local share), and upon approval of said request to enter into and execute a project agreement with OPRHP for such financial assistance to the Town of Ithaca. MOVED: SECONDED: VOTE: MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 TB Resolution 2021 — XXX: Authorization for the Town of Ithaca to sponsor a NYS DEC Non-Agricultural Nonpoint Source Planning Grant Program for Six Mile Creek to be facilitated by the CWIO Watershed Manager Whereas the Town is a member of the Cayuga Lake Waterfront Intermunicipal Organization (CWIO)whose purpose is to help protect and preserve water quality within the Cayuga Lake watershed, and Whereas the CWIO is prioritizing a list of 29 projects, which includes a project submitted by Town of Ithaca personnel, for stormwater remediation and stream restoration work along an unnamed tributary to Six Mile Creek which causes long-term maintenance challenges to the Town, henceforth known as Project#6; and Whereas the prioritization process will not be completed in time to develop a grant application for the current round of New York State funding through the Consolidated Funding Application; and Whereas Ian Smith, CWIO Watershed Manager, is dedicating a portion of his time in 2021 to assist with the implementation of projects and the development of grant applications; and Whereas after reviewing the list of 29 listed projects, Mr. Smith feels Project#6 is feasible and the initial engineering work is fundable through the reimbursable New York State Department of Environmental Conservation's Non-Agricultural Nonpoint Source Planning Grant program; and Whereas CWIO has authorized Mr. Smith to expend time and effort equivalent to $3,000 to execute and manage the project if awarded, which meets the 10% local match requirement of the grant; and Whereas CWIO is not an incorporated organization capable of being a sponsor for this grant or executing associated contracts; and Whereas due to the importance of this Project to the Town and the watershed, the Town has agreed to fund up to $30,000 toward the project until such time as the Town can be reimbursed through the grant funding process; now, therefore,be it Resolved that the Town of Ithaca Board agrees to the Town serving as sponsor for the identified grant application and authorizes the Supervisor to execute any documents necessary and authorizes Mr. Smith to proceed with the development and submittal of an application for funding of engineering work associated with Project#6 on behalf of the Town. Moved: Seconded: Vote: MEETING OF THE ITHACA TOWN BOARD Monday,July 12, 2021 TB Resolution 2021 - : Support of the Town of Ithaca Participating in the Finger Lakes Energy Compact Whereas, the Town of Ithaca (Town)has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by adoption of the Ithaca Green New Deal (GND) and the Energy Code Supplement; and Whereas, to implement the GND, the Town will benefit from working with a variety of partners locally,regionally, nationally, and beyond; and Whereas, implementation of the GND will be costly,by some estimates requiring about $2 billion for Ithaca alone, requiring access to funding beyond state and federal grants; and Whereas, the United Nations is encouraging subnational governments and non-governmental stakeholders to increase ambition, as compared to national goals set to reach the Paris Agreement on Climate Change; and Whereas, one specific action being encouraged is to join multi-stakeholder energy compacts to support energy-related goals such as Sustainable Development Goal 7: Ensure Access to Affordable, Reliable, Sustainable and Modern Energy For All; and Whereas, energy compacts recognized by the United Nations are used internationally,but there are none yet in the United States; and Whereas, the City of Ithaca initiated discussions about creating a local energy compact, tentatively called the Finger Lakes Energy Compact, with Cornell University, Ithaca College, Tompkins County, and the Town of Ithaca; and Whereas, the Energy Compact will feature non-binding commitments, initiatives, and partnerships focused on renewable energy and energy efficiency, with the objective of reducing inequality and reducing GHG emissions by 2030, as adopted in the Ithaca GND; and Whereas, creating the first U.S.-based Energy Compact is expected to produce benefits like enhancing regional collaboration, bringing international exposure to the Ithaca area and improving opportunities for technical assistance and funding from multilateral institutions such as the World Bank and the Global Environment Facility; and Whereas, the City of Ithaca and Cornell University, as early co-creators of the Energy Compact, accepted the invitation of the United Nations to participate in a Ministerial Thematic Forum on June 24, 2021, which was cohosted by 13 different countries, and this could lead to opportunities for participation in future U.N.-sponsored events; now, therefore be it Resolved, that the Town Board approves creation of the Finger Lakes Energy Compact and the Town's leadership and participation in the implementation of the Compact; and,be it further Resolved, that the Town will take part in building support among local public and private institutions to participate in and implement the Finger Lakes Energy Compact. Moved: Seconded: Vote: of ItA Town of Ithaca 215 N Tioga St, Ithaca,NY 14850 l Ph: 607-273-1721 ■ www.town.ithaca.U.us ` e 'o�' Rod Howe, Town Supervisor - Paulette Rosa, Town Clerk To: Town Board From: Nick Goldsmith, Sustainability Planner Date: July 7, 2021 Re: Resolution in Support of the Finger Lakes Energy Compact This memo provides additional information meant to support discussion of the Resolution in Support of the Town of Ithaca Co-Creating Finger Lakes Energy Compact at the July 12, 2021 meeting of the Town Board. Summary The Town's Green New Deal(GND) sets bold goals for improving social equity and reducing greenhouse gas (GHG) emissions on a short time frame. As discussed in relation to adoption of the GND, accomplishing these goals will bring numerous benefits to our area, but will require large-scale funding mechanisms and a high level of collaboration with external organizations. We believe that participation in the United Nations' (UN) Energy Compacts initiative has the potential to enhance regional collaboration toward shared goals,bring international attention to the Ithaca area, and provide access to technical assistance and funding opportunities from a variety of sources, including multilateral institutions such as the World Bank and the Global Environment Facility(GEF). Participation would not require binding commitments beyond those made by the Town in its adoption of the Green New Deal. Background The United Nations is calling on national and subnational governments, as well as civil society and private sector, to step up ambition beyond the National Determined Contributions (NDCs) submitted by their respective countries as part of implementing the Paris Agreement. The United States' NDC, updated in April 2021, contains the goal of reducing GHG emissions by about 50%by 2030. The UN has claimed that the insufficient actions, combined with the lack of transparency and accountability, will only continue to increase the gap between rich and the least developed countries, making this also a climate justice issue. Hence, the UN is calling on all members of society to define and implement more ambitious actions towards achieving"Sustainable Development Goal 7 (SDG7): Ensure Access to Affordable, Reliable, Sustainable and Modern Energy For All." Specifically, the UN is encouraging Energy Compacts to bring together voluntary actions to achieve affordable and clean energy for all, and to bridge the gap between SDG7 targets and member state actions. It is expected that this effort will also substantially advance the 2030 Agenda for Sustainable Development and the Net Zero 2050 Paris Climate Goals. You may learn more about UN Energy Compacts here: https://www.un.org/en/energy2021/energ.�y compacts. Proposed Action by the Town As a subnational government, the Town of Ithaca can participate in this global effort by creating an Energy Compact, intended to reinforce and complement the federal government's enhanced NDC and long-term goals. The Energy Compact would feature non-binding, voluntary commitments, initiatives, and partnerships focused on renewable energy and energy efficiency, with the objective of reducing inequality and reducing GHG emissions by 2030, as adopted in the Ithaca Green New Deal. The intention is to partner with an array of regional stakeholders to create what we are tentatively calling the Finger Lakes Energy Compact, which would present a common set of high-level goals, as well as specific mitigating actions and mechanisms to track progress, to be implemented by each individual stakeholder. A draft of the Energy Compact is included at the end of this memo. The City of Ithaca has initiated discussions about creating a local energy compact with Cornell University, Ithaca College, Tompkins County, and the Town of Ithaca. Pending Town Board approval of the Resolution, the Town will help to build support among local public and private institutions to participate in and implement the Energy Compact. Costs and Benefits This would be the first U.S.-based Energy Compact, and it is expected to produce benefits like enhancing regional collaboration,bringing international exposure to the Ithaca area, and improving opportunities for technical assistance and funding from multilateral institutions such as the World Bank and the GEF. Creation and implementation of the Energy Compact would not require commitment beyond what the Town has already committed to as part of the Green New Deal. The international exposure opportunities are already apparent. During the creation of the Finger Lakes Energy Compact, the City and Cornell University, as early co-creators, were invited by the United Nations to participate in a Ministerial Thematic Forum on June 24, 2021, which was cohosted by 13 different countries. This could lead to participation in UN-sponsored events later this year. I will be at the July 12 Town Board meeting to answer any questions. In the meantime, feel free to contact me at ngoldsmithL&town.ithaca.ny.us. Finger Lakes Energy Compact Decade of Action Agenda to advance SDG7 on sustainable energy for all, in support of all SDGs and in line with the goals of the Paris Agreement. The City of Ithaca and [other stakeholder name(s)], in the United States of America, recognize the need to significantly increase the scale and speed of actions necessary to achieve SDG7, in support of all SDGs and in line with the goals of the Paris Agreement on Climate Change. The Finger Lakes Energy Compact serves as an ambitious action agenda extending to 2030, and commits to advance these goals through foundational, specific and trackable actions. The Finger Lakes Energy Compact is a living document for their commitments,to be reviewed publicly on an annual basis and enhanced over time, with further commitments added as deemed necessary to achieve these goals. I. PRINCIPLES: The members of the Finger Lakes Energy Compact commit to the following principles: We recognize energy's fundamental connection to delivering the Sustainable Development Goals and commits to actions to achieve SDG7 and to reduce inequality, enhance quality of life, and improve human development. We commit to supporting the achievement of universal access to sustainable energy by 2030 by taking ambitious actions on electricity and clean energy access, as well as sustainable energy access finance and in-kind support. We commit to deliver on the energy transition by taking ambitious actions on sustainable energy targets, consistent with accelerated action to SDG7 in line with the goals of the Paris Agreement on Climate Change and complementary to Nationally Determined Contributions. We commit to promote investment and increase financial flows towards energy access and the energy transition, promoting public, private and philanthropic investment and strong fiscal measures, including developing new partnerships to support the realization of the commitments presented in the Finger Lakes Energy Compact. We commit to sort and share data, with support as needed, linked to SDG7 indicators and, as needed and applicable, to develop the legislative, regulatory, and policy frameworks necessary to achieve the commitments presented in this Energy Compact, or to invest in their implementation. MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 TB Resolution 2021 -XXX: Adoption of the Town of Ithaca Fund Balance Policy Whereas the Budget Committee and the Personnel and Organization Committee have reviewed and recommended the adoption of the Town of Ithaca Fund Balance Policy by the Board, now therefore be it Resolved that the Town Board does hereby approve and adopts the Fund Balance Policy as submitted. Moved: Seconded: Vote: DRAFT TOWN OF ITHACA FUND BALANCE POLICY A. Purpose: For increased financial stability, the Town of Ithaca (Town) desires to manage its financial resources by establishing a fund balance policy for the General Fund. This will ensure the Town maintains a prudent level of financial resources to protect against reducing service levels or raising taxes and fees because of temporary revenue shortfalls, unexpected one-time expenditures, emergencies and disasters. Fund balance and reserve maintenance are also major factors considered by bond rating agencies when evaluating the Town's credit worthiness. B. Background: The Governmental Accounting Standards Board (GASB) issued GASB Statement Number 54, Fund Balance Reporting and Governmental Fund Type Definitions. Statement 54 abandons the reserved and unreserved classifications of fund balance and replaces them with five new classifications for Governmental Funds: non-spendable, restricted, committed, assigned and unassigned. The last three classifications comprise the unrestricted fund balance. The statement went into effect June 30, 2011. In April 2011 the Office of the State Comptroller (OSC) issued guidance on Fund Balance Reporting and Governmental Fund Type Definitions. The guidance addressed how the changes in GASB 54 were being implemented in the Annual Update Document and the effects on local government reporting. C. Definitions: 1. Fund Balance — Consists of the measurement of available resources and represents the difference between total assets and total liabilities. 2. Non-spendable — Consists of the amounts that cannot be spent because they are in a non-spendable form. 3. Restricted — Consists of amounts that are subject to externally enforceable legal purpose restrictions imposed by certain creditors, grantors, contributors, or laws and regulations of other governments; or through constitutional provisions or enabling legislation. 4. Committed (Unrestricted) — Consists of amounts constrained to specific purposes by a government itself using its highest-level decision-making authority (Town Board). The Town Board must take formal action before the end of the fiscal year to add or remove a constraint. 1 5. Assigned (Unrestricted) — Consists of amounts that are subject to a purpose constraint that represents an intended use established by the government's highest-level decision-making authority (Town Board), or by the Town Board's designated body or official. The purpose of the assignment must be narrower than the purpose of the general fund. In funds other than the general fund, assigned fund balance will be the residual amount of fund balance. 6. Unassigned (Unrestricted) —This consists of all balances remaining after considering the other four categories for the general fund and could result in a surplus or a deficit. Use is least constrained in this category. In funds other than the general fund, the unassigned classification should only be used to report a deficit balance. D. Classifications: 1. Non-spendable • prepaid insurance 2. Restricted (Reserves) • Capital Reserves • Debt Reserves • Repair Reserves • Insurance Reserve • and other reserves allowed by State statutes. 3. Committed (Unrestricted) • OSC believes that in most cases, local governments will not have committed fund balance to report primarily due to the fact that reserves are allowed by State statutes. 4. Assigned (Unrestricted) • OSC believes that formal actions by the governing boards (resolutions, ordinances, and local laws) constitute a constraint of resources and will result in an assignment of resources. • Encumbrances will typically be considered an assignment of fund balance. S. Unassigned (Unrestricted) • All other unassigned fund balances. E. Policy: 1. Reserves—Town reserve funds must be properly established and maintained to promote the goals of creating an open, transparent, and accountable use of public funds. a. The Town shall strive to maintain a level of reserves to guard its citizens 2 against a service disruption because reserves are essential to dealing with unforeseen emergencies or changes in condition b. Funding of reserves can come from surplus funds (excess of revenues over expenditures or one-time revenues) or other sources as designated by the Town Board. c. All expenditures from or uses of reserve will require prior Town Board approval by adoption of Use of Reserve Resolution. d. Reserves shall only be used for the purpose in which they are intended. 2. Unassigned (Unrestricted) Fund Balance a. The unrestricted unassigned fund balance range for the General Fund and assigned unappropriated fund balance for General Part-Town and Highway Funds, shall be not less than 30.00% and not more than 40.00% of the total adopted budgeted expenditures of the General Fund. The unprecedented events of 2020 have impressed upon us the need to have ample reserves to deal with the unexpected. From a global pandemic, climate change and extreme weather events, and nationwide civil unrest resulting in widespread (sometimes destructive) protests. The future of higher education is changing in our community with decreased enrollment and an increase in online students. The property tax base could be negatively affected in the next few years due to the pandemic and subsequent economic downturn combined with fewer students residing in Ithaca. b. The Finance Officer shall annually calculate and verify the Town's compliance with this policy. In determining compliance, the following formula will be used: the audited balance available in the unrestricted unassigned fund balance of the Town's General Fund and assigned unappropriated fund balance for General Part-Town and Highway Funds for the most recently audited fiscal year, divided by the adopted expenditure budget for the ensuing fiscal year for each Fund. c. The Finance Officer shall report annually to the Budget Committee the results of the calculation and make recommendations for the use of funds in the event of a surplus or the replenishment of funds in the event of a deficit. d. Surplus: In the event the unrestricted unassigned fund balance of the Town's general fund exceeds the maximum requirement of 40%, the excess may be utilized for any lawful purpose approved by the Town Board. In order to minimize the long term effect of such use, the excess shall be appropriated to fund one time expenditures or expenses which do not result in recurring operating costs, or other one-time costs including early repayment of debt and the establishment or increase in legitimate restrictions (reserves) of fund balance. The surplus may also be used to replace an unanticipated revenue shortfall. Any excess shall be obligated within the next two budget cycles. e. Deficit: In the event the unrestricted unassigned fund balance for the Town's general fund falls below the minimum requirement of 30% for any fiscal year, the Finance Officer shall prepare and submit to the Town Board a plan to restore the balance to the minimum target level within the next two budget cycles (or other appropriate period). 3 3. Application of Funds: In instances where expenditures are incurred that will require the funding sources to be comprised of two or more types of fund balance categories, the order of exhaustion of the fund will be as follows: 1. Restricted 2. Committed 3. Assigned 4. Unassigned F. Review: This policy will be presented by the Finance Officer annually for review and adoption by the Town Board. 4 MEETING OF THE ITHACA TOWN BOARD Monday, July 12, 2021 TB Resolution 2021 - 084: Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Ratify appointment of Benefits Specialist—Consortium e. Approval of budget amendments Moved: Seconded: Vote: ayes - TB Resolution 2021 - a: Approval of Town Board Minutes Resolved that the Town Board hereby approves the draft minutes of the meeting on May 24, 2021 as submitted, with non-substantial changes suggested by the Board made. TB Resolution 2021 - b: Town of Ithaca Abstract No. 13 for FY-2021 Whereas the following numbered vouchers have been presented to the Ithaca Town Board for approval of payment; and Whereas the said vouchers have been audited for payment by the said Town Board; now therefore be it Resolved that the governing Town Board hereby authorizes the payment of the said vouchers in total for the amounts indicated. VOUCHER NOS. 762 - 814 General Fund Town Wide 24,272.32 General Fund Part-Town 10,956.48 Highway Fund Town Wide DA 1,555.28 Highway Fund Part Town DB 317,921.46 Water Fund 4,628.74 Sewer Fund 308,876.42 Fire Protection Fund 68,991.88 Forest Home Lighting District 92.43 Glenside Lighting District 10.17 Renwick Heights Lighting District 16.97 Eastwood Commons Lighting District 23.81 Clover Lane Lighting District 3.18 Winner's Circle Lighting District 4.75 Burlei h Drive Lighting District 11.07 West Haven Road Lighting District 43.25 Coddin ton Road Lighting District 25.62 TOTAL 737,433.83 TB Resolution 2021 - c: Ratify Provisional Appointment of Benefits Specialist at GTCMHIC. Whereas, the Executive Committee of the Greater Tompkins County Municipal Health Insurance Consortium(GTCMHIC) on July 7, 2021, approved the provisional appointment by the Executive Director of Kylie Rodrigues to the title of Benefits Specialist, effective, June 28, 2021; now, therefore be it Resolved, the Town Board of the Town of Ithaca does hereby ratify GTCMHIC's appointment of Kylie Rodrigues, Benefits Specialist, effective June 28, 2021, at the hourly wage of$28.00 with full time benefits.