HomeMy WebLinkAboutTB Packet 2022-12-12 MEETING OF THE ITHACA TOWN BOARD
December 12, 2022 5:30 p.m.
This meeting will be broadcast via ZOOM (ID 98910958241) and YouTube Link for your
convenience.
AGENDA
1) Call to Order and Pledge of Allegiance
2) Persons to be Heard and Board Comments
3) Public Hearings regarding a local law a local law revising Town of Ithaca Code Chapter 270,
(Zoning)by replacing Article XVIIIA (Limited Historic Commercial Zones)with a New
Article XVIIIA (Limited Historic Commercial Overlay District)
a. SEQR b. Consider adoption
4) Consider setting a public hearing regarding a proposed local law amending Town of Ithaca
Code Chapter 270, Zoning, Article XXVI, Special Regulations, to clarify regulations
associated with Cooperative Corporations and Article III, Terminology, to add the definition of
"Natural Person"
5) Consider authorization for the Town Supervisor to sign an agreement with Cornell University
regarding their Contract Colleges' Projects
6) Consider updates to Personnel Policies
7) Preliminary discussion of Key Priorities for 2023
8) Consider Consent Agenda
a. Approval of Town Board Minutes
b. Approval Town of Ithaca Abstract
c. Approval of Bolton Point Abstract
9) Report of Town Committees
10)Review of Correspondence
11)Adj ournment
Item 3
MEETING OF THE ITHACA TOWN BOARD
December 12, 2022
TB Resolution 2022- : SEQR Regarding a Local Law revising Town of Ithaca Code
Chapter 270 (Zoning) by Replacing Article XVIIIA(Limited Historic Commercial Zones)
with a New Article XVIIIA (Limited Historic Commercial Overlay District)
Whereas, this action is the proposed enactment of a local law to revise Town of Ithaca Code
Chapter 270, Article XVIIIA (Limited Historic Commercial Zones) by replacing it with Article
XVIIIA(Limited Historic Commercial Overlay District); and
Whereas, this is an Unlisted Action for which the Ithaca Town Board is the Lead Agency in an
environmental review with respect to the enactment of said local law; and
Whereas, the Town Board, at its meeting held on December 12, 2022,has reviewed, and accepted
as adequate the Short 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:
Vote:
MEETING OF THE ITHACA TOWN BOARD
December 12, 2022
TB Resolution 2022- : Adoption of a Local Law Revising Town of Ithaca Code Chapter
270 (Zoning), By Replacing Article XVIIIA(Limited Historic Commercial Zones) With a
New Article XVHIA(Limited Historic Commercial Overlay District)
Whereas, the Town Planning Committee upon reviewing the request for a LHCZ rezoning noted
several provisions that should be added to the LHCZ law, including more meaningful oversight
to assure preservation and upkeep of historical properties that are granted a rezoning request,
and
Whereas, the committee and staff took on the task of amending the law to add these provisions
and to update and provide other warranted improvements, and
Whereas, the Planning Committee reviewed and discussed the draft local law at numerous
meetings in 2022; and at its October 20, 2022, meeting, the Committee voted to recommend the
legislation to the Town Board for consideration of adoption, and
Whereas, at a meeting on November 14, 2022, the Town Board discussed the proposed local law
and set a public hearing for December 12, 2022 to hear all interested parties on the proposed law
entitled"A Local Law Revising Town of Ithaca Code Chapter 270 (Zoning) By Replacing
Article XVIIIA(Limited Historic Commercial Zones)With a New Article XVIIIA (Limited
Historic Commercial Overlay District), 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 Ithaca Town Hall and all
parties 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 61.7, adoption of said local law is an Unlisted
Action for which the Town Board of the Town of Ithaca, the lead agency in an environmental
review with respect to adoption of this local law,has, on December 12, 2022, made a negative
determination of environmental significance, after having reviewed and accepted as adequate the
Short Environmental Assessment Form Parts 1, 2 and 3; and
Whereas, the Town Board finds that adoption of the Limited Historic Commercial Overlay
District furthers the health and welfare of the community and is in accordance with the Town of
Ithaca Comprehensive Plan; now, therefore,be it
Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law No. xx of 2022
entitled"A Local Law Revising Town of Ithaca Code Chapter 270 (Zoning) By Replacing
Article XVIIIA (Limited Historic Commercial Zones) With a New Article XVIIIA (Limited
Historic Commercial Overlay District)"; and it is further
Resolved, that the Town Clerk is hereby authorized to file said local law with the Secretary of
State as required by law.
Moved: Seconded:
Vote:
TOWN OF ITHACA
LOCAL LAW NO. _OF THE YEAR 2022
A LOCAL LAW REVISING TOWN OF ITHACA CODE CHAPTER 270 (ZONING)
BY REPLACING ARTICLE XVIIIA (LIMITED HISTORIC COMMERCIAL ZONES)
WITH A NEW ARTICLE XVIIIA (LIMITED HISTORIC COMMERCIAL OVERLAY DISTRICT)
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 of the Town of Ithaca Code, titled "Zoning," is amended by replacing
Article XVIIIA (Limited Historic Commercial Zones) with a new Article XVIIIA (Limited Historic Commercial
Overlay District) reading as follows:
"ARTICLE XVIIIA
Limited Historic Commercial Overlay District
§ 270-142.2. Purpose.
§ 270-142.3 Overlay district creation and dissolution.
§ 270-142.4 Permitted principal uses.
§ 270-142.5 Permitted accessory uses and structures.
§ 270-142.6 Building setbacks and height.
§ 270-142.7 Additional special requirements.
§270-142.8 Hearing and due process.
§ 270-142.2. Purpose.
The Limited Historic Commercial (LHC) Overlay District promotes the preservation, protection, and
enhancement of significant historic structures in the Town of Ithaca by enabling more flexibility of the
allowed uses of historically significant structures, and their associated property, than what the underlying
zone would normally allow. In providing more reuse options, the intent of the Limited Historic
Commercial Overlay District is to help make preservation efforts more financially feasible.
§ 270-142.3. Overlay district creation and dissolution.
A. The LHC Overlay District works by being superimposed on an underlying base zoning district. The
Overlay District identifies requirements that apply in addition to (or instead of) those in the base
zone. Regulations for the Overlay District apply if overlay and base zone regulations conflict.
B. The Town Board may create a Limited Historic Commercial Overlay District upon application for a
specific proposal, following the rezoning procedures in Article XXII, Procedures for Creation of New
Zones. Such rezoning to create an Overlay District will be considered only for:
(1) Buildings or structures that are listed on the New York State and/or National Registers of Historic
Places; or
(2) Buildings or structures that have been determined to be eligible for listing on said Registers of
Historic Places; or
(3) Buildings or structures that have been identified as potentially significant in the Town of Ithaca
Historic Resources Survey (Final Report for the Intensive Level Survey, September 2005, as it may
be revised or updated from time to time).
Consideration or approval of the LHC Overlay District is not a right even if the structure or property
meets the qualifications in (1), (2) and (3) above.
C. An application for an LHC Overlay District must include the following elements:
(1) A narrative description and justification for the request, to include the following:
(a) Historical significance of the property.
(b) Description of proposed limited commercial use(s) and feasibility of using the building and
site for the proposed use.
(c) Compatibility with neighboring and nearby properties and uses.
(d) How the proposal will help promote and facilitate the preservation and enhancement of the
historical property.
(2) Conditions assessment performed by a design professional (an architect, certified building
inspector, or civil/structural/architectural engineer) preferably having historic preservation
experience, to evaluate and document the exterior of the building(s) and site conditions relative
to historical and structural integrity. It is the owner's responsibility to hire and pay for the design
professional. Exterior and site character defining features to be assessed include, but are not
limited to, the following:
(a) Cladding materials, including trim, architectural details, and attachments.
(b) Windows and doors, including panes and trim.
(c) Roof, including gutters and chimney.
(d) Decks, porches, and/or balconies.
2
(e) Grounds specific to elements that are relevant to the historic integrity, such as fences.
(3) Preservation Plan
(a) An approved preservation plan commits the property owner to goals and actions intended to
ensure that benefits derived from the Limited Historic Commercial Overlay District rezoning
continue to facilitate the preservation and protection of the property's historical and structural
integrity. The preservation plan must be approved by the Town Board and its implementation
must be a condition of any Overlay District approval. The preservation plan is composed of
the following components:
[1] A plan for addressing and remedying any deficiencies identified in the property site
assessment, along with a timetable for completing the repairs, restoration, and/or
stabilization that the assessment deemed necessary.
[2] A plan for addressing long-term maintenance and upkeep of the property, and any
changes or additions to buildings and other historical resources, to ensure the historical
and structural integrity of the grounds and building(s).
[3] Landowner consent to enter the grounds for annual or biennial exterior inspections. This
consent provides the right for the Town official to enter the property following notification
(written or verbal) to a property owner of the inspection.
(b) Proposed modifications to the preservation plan may be approved by the Director of Code
Enforcement, except the following modifications must be approved by the Town Board:
[1] Modification for proposed alterations (including, for example, materials and architectural
elements to be utilized) which, in the judgment of the Director of Code Enforcement or
designee, may adversely change the historic character and/or appearance of the building
and/or site.
[2] A request to extend any milestone in the preservation plan timetable by more than three
(3) years.
[3] Modifications which, in the judgment of the Director of Code Enforcement, warrant Town
Board approval due, for example, to the unique nature, size, or significance of the
modification.
D. Overlay District enactment and compliance with preservation plan
After the Overlay District is created, it stays in effect as long as the preservation plan conditions are
met.
(1) Compliance confirmation letters:
3
(a) Compliance confirmation letter will be submitted to the property owner(s) following an
inspection confirming satisfactory implementation of the plan components addressing
deficiencies identified in the initial site assessment.
[1] Codes Department staff will conduct annual progress inspections while deficiencies are
being addressed and will have authority to enter grounds for exterior inspection.
(b) Thereafter, compliance confirmation letters will be submitted to the property owner every two
years following a biennial property inspection for properties determined to be satisfactorily
implementing their preservation plans.
(2) Non-compliance
(a) The property owner will be notified in writing if the Codes Department finds after inspection
that the preservation plan is not being followed and be given 60 days from the date of the
letter to initiate corrective action.
(b) Failure to commence and complete corrective action in the allotted time frame may lead to
Town Board dissolution of the Limited Historic Commercial Overlay District zoning following a
hearing and due process (See Section § 270-142.8)
E. Automatic Overlay District Dissolution
(1) The Overlay District is automatically dissolved if:
(a) The historic buildings or structures are demolished, or the historic buildings or structures are
destroyed in whole or part by any means so that the destruction exceeds 50% of the assessed
values of the buildings or structures in effect before the destruction, or
(b) The historic buildings or structures in the zone lose any historic designation or eligibility for
listing, if applicable.
§ 270-142.4. Permitted principal uses.
Permitted principal uses, and related performance standards and special requirements in the base zone,
apply in an LHC Overlay District. The uses in the following table are also allowed.
These provisions consider each of these principal uses as if it stands alone, even if that use is functionally
integrated with other defined uses. (Example: if a private club serves food or drinks onsite, these
provisions consider the club and food /drink service (restaurant/ bar) as separate uses, each subject to
conditions for that use.)
4
Use Coinduiituioins
(all uses below) • Special permit: Special permit review and
approval (Planning Board) are required for any of
these uses (except conversion of a non-residential
building to a residential use) in C, AG, LR, LDR,
MDR, HDR, and MR base zones.
• Site plan review: Site plan review and approval
(Planning Board) are required when provisions in
Article XXIII require them.
• Size/floor area: If the base zone also allows one
of the uses in this table, maximum floor area in the
base zone requirements applies. Otherwise,
maximum floor area is limited to the gross floor
area of the principal building at the time of
Overlay District creation. Uses that may expand
beyond this area (subject to site plan review and
approval) are noted.
• Off-site impacts: Externalities (noise, vibration,
odor, glare) from normal activity must not be
detectible past the property line in C, AG, LR, LDR,
MDR, HDR, and MR base zones. This does not
apply to normal outdoor activities (examples:
people arriving and leaving, playing outdoors,
maintenance and groundskeeping). All other
related performance standards for the use in the
Town Code also apply.
11) IResiidentiiall principal ruses
Dwelling unit • This use does not need a special permit.
Separate living quarters for living, sleeping, • A principal building may have 1 principal dwelling
cooking, eating, bathing, and sanitation by a family. unit per 600 "gross floor area that meets the
definition of"habitable space" in the International
Residential Code). This does not apply to buildings
that q1 are new, or T do not meet the criteria in
270-142.3 B.
S
Use Conditions
Live-work dwelling unit • Area: _< 500'2 GFA for a nonresidential use, on the
Principal dwelling unit, with connected purpose-built 1st story, with a public entrance separate from
space on the ground floor for an allowed living areas.
nonresidential use • Occupancy: The dwelling unit must be the
proprietor's principal home.
• Time: Business hours _> 8:00 AM to _< 8:00 PM.
• Use: A nonresidential use in a live-work unit may
only be one of the uses below as defined elsewhere
in this section.
• Day care center
• Personal service
• Professional office
2) I1,,.odgiing principal uses
Inn • Guest room occupancy may only be on a daily or
Facility with guest rooms for overnight stays by longer basis.
paying guests. An inn has an owner or manager • Number of guest rooms may be 1 for every _>
that lives onsite and is available to respond onsite 500"of habitable floor area (in the building,
within sixty minutes in the event of temporary rounded down).
absences.
Short-term rental uses • Provisions in 270-219.7 that do not apply in the
See 270-5 and 270-219.7 for definition and base LHC Overlay District include D(2), E(2)(b), E(2)(e) and
requirements. Subsection F.
N, A principal building may have 1 dwelling unit used
for short term rental use. For example, in the case
of two principal buildings, each may have one
dwelling unit used for short-term rental use.
• A unit may be used for unhosted short term rental
uses year-round with no maximum time limit for
occupancy, subject to special permit review and
approval.
) Cornmerciiall principal uses
Day care center
Any of these services to unrelated children or adults
in a protective setting.
• Child day care (78 NYCRR Subpart 418-7), small
day care (78 NYCRR Subpart 418-2), school aged
child care (18 NYCRR Part 474).
•Adult day health care (70 NYCRR Part 425), social
adult day care (9 NYCRR§ 6654.20).
Mixed residential /commercial • A residential use must meet the definition and
Residential and commercial uses sharing the some conditions of a dwelling unit as a principal use. (See
building or lot table category 1: Residential principal uses).
6
Use Coinduiituions
• A commercial use is limited to professional office
uses in this table category (3: Commercial principal
uses).
• Maximum employees for commercial uses is 1 per
400" of gross leasable area, rounded down.
• Business hours for a commercial use may only be
> 7:OOAMto _< 9:OOPM.
Personal service • Does not include 1T repair or modification of
Providing an intangible product or service to the tangible products, or T services related to building
public or customers onsite. or mechanical trades, unless the base zone allows
these (1 and 2).
Professional office
Business, administrative or professional offices and
facilities,medical, dental, and health and wellness
practices not involving any overnight occupancy,
municipal or other governmental offices.
Retail use • Limited to arts/ crafts/design studios or
Onsite sale or rental of a physical product to the galleries. Other types of retail uses are not allowed,
public. unless the base zone allows it.
Restaurant/cafe/ bar • Allowed only on a lot that fronts a major or minor
Preparing or serving meals or drinks to customers arterial road (Tompkins County Highway Functional
onsite or delivery offsite. Classification). Drive-throughs are prohibited.
Retreat/event venue • Allowed only on a lot that fronts a collector road,
Use of land and designated structures for gatherings or major or minor arterial road (Tompkins County
or events (examples: wedding, private party, Highway Functional Classification).
fundraiser event, training event, conference
reception).
4) Civic principal uses
Community workshop
Facility for people to learn, experiment, invent, or
make things using shared tools and resources, in a
collaborative setting. (Examples:makerspace,
hackerspace, community kitchen.)
Cultural facility • May expand beyond the gross floor area of the
Facility for display, performance, or enjoyment of principal building at the time of LHC Overlay
heritage, history, arts, or sciences. (Examples: District creation, subject to site plan review and
museum, non-commercial gallery, library, visitor approval.
center, indoor arts performance venue by a public or
private entity.)
7
Use Coinduiituions
Place of assembly • May expand beyond the gross floor area of the
Facility used for public/resident assembly for principal building at the time of LHC Overlay
worship, meeting, government, or community District creation, subject to site plan review and
purposes. (Examples:religious or secular approval.
congregation, community center, common house,
amenity center.) This includes typical ancillary uses.
(Examples:meeting room, kitchen, exercise room,
laundry room, workshop, day care center, offices.)
Private club/ lodge
Facility of a private club or organization, mostly
open only to club members and their guests.
(Examples:service or lodge based organization,
social club, veterans'club, labor union.)
School: primary/secondary • May expand beyond the gross floor area of the
NYS recognized school for primary or secondary(K- principal building at the time of LHC Overlay
12) education. District creation, subject to site plan review and
approval.
§ 270-142.5. Permitted accessory uses and structures.
Base zone permitted accessory uses, and related performance standards and special requirements in the
base zone, apply in an LHC Overlay District.
§ 270-142.6. Building setbacks and height.
A. Minimum and maximum setback and height requirements in the base zone apply on lots in an LHC
Overlay District.
B. A structure with historic designation but legal nonconforming setback or height may be renovated,
expanded, moved, or used more intensively, if non-conforming aspects are not made worse.
(Example: a building with a nonconforming 10' front setback may be expanded, but the addition
cannot be closer to the front lot line than any other part of the building.)
§ 270-142.7. Additional special requirements.
In addition to the additional special requirements in § 270-122, the following special requirements also
apply in a Limited Historic Commercial Overlay District:
A. Building conversions, alterations, additions, reconstructions, repairs, signs, and other site elements
shall be compatible with the historic and architectural character of the buildings or structures that
have been designated or identified as having historic significance as outlined in § 270-142.3. This
requirement shall apply to the exteriors of buildings, structures and site elements, not to their
interiors.
8
& 270-142-8 Hearing and due process'
A. Inspection by Code Enforcement Officer; report to the Town Board. When in the opinion of the Code
Enforcement Officer, a property having a Limited Historic Commercial Overlay District designation is
deemed as not in compliance with the preservation plan because:
(1) The preservation plan is not being implemented and repairs are being neglected and
deterioration of the property is visibly occurring, or
(Z) The preservation plan is not being implemented because exterior building alterations, additions,
reconstructions, or repairs jeopardize the historical significance and designation of the structure,
the Coda Enforcement Officer shall report in writing to the Town Board the officer's findings and
recommendations.
B. The Town Board will consider the report and, if it finds from the report that there are grounds to
believe that the preservation plan is not being followed the Town Board, by resolution, shall order
dissolution of the Limited Historic Commercial Overlay District at which time the property will revert
to its underlying zoning designation. The Town Board shall further order that a notice of the order
and of the related upcoming public hearing shall be served on the owner or some one of the owner's
executors, legal representatives, or any other parson having a vested or contingent interest in the
property, either personally or by registered mail addressed to the lost known address, if any, of the
owner or some one of the owner's executors' legal representatives, agents, lessees or other parson
having a vested or contingent interest in same, as shown by the records of the receiver of taxes
and/or in the office of the County Clerk or County Register.
C. Contents ofnotice. Said notice shall contain the following information:
(1) A description of the premises.
(2) A statement describing how the preservation plan is not being followed
(3) The Town Board's order requiring compliance with the preservation plan pursuant to a specified
timetable.
(4) A statement that a hearing will be held before the Town Board at time and place specified in the
notice, at which hearing the owner and such persons having an interest in the property or
structure may contest the order, and that in the event such owner or persons having an interest
shall fail to contest successfully such order or fail or refuse to comply with same or with any
amended order that the Town Board may issue after the hearing, the Town Board will dissolve the
Limited Historical Commercial Overlay District, and the property will revert to its underlying
zoning designation.
D. Hearing. At the time and date specified in the notice tn repair or restore the property the Town
Board shall conduct the public hearing. It may adjourn from time to time until the hearing is
completed and until all interested parties that make reasonable attempts to participate are heard. At
the conclusion of the hearing, the Town Board shall determine to revoke the order; or continue or
9
amend said order and direct the owner and other persons to complete the work within a specified
time which shall be reasonable as to the time needed to perform the work."
Section 2. 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 3. This local law shall take effect upon publication of the local law or an abstract of same
in the official newspaper of the Town, or upon its filing with the New York Secretary of State, whichever is
the last to occur.
10
Short Environmental Assessment Form
Part 1 -Project Information
Instructions for Completing
Part 1—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
Town of Ithaca
Name of Action or Project: Local law revising Town of Ithaca Code Chapter 270,Article XVIIIA: Limited Historic Commercial
Zones by replacing it with new Article XVIIIA Limited Historic Commercial Overlay District.
Project Location(describe):Townwide, but limited to properties that are: (1)listed on,or are eligible for listing, on the New York
State or National Registers of Historic Places, or(2)identified as being potentially significant in the Town Historic Resources Survey.
Brief Description of Proposed Action: The proposed action is a local law revising Town of Ithaca Limited Historic Commercial
Zone(LHCZ),ArticleXVIIIA in Town Code and replacing it with new Article XVIIIA Limited Historic Commercial Overlay District.
Proposed revisions include:
-Revising the law to an overlay district.
-Requiring an exterior site conditions assessment performed by a design professional as part of the application process.
-Requiring a preservation plan to address deficiencies, along with plans for long term maintenance, as part of the application
process.
-Significant revisions and updates to the table of permitted uses in the LHCZ.
-New provisions and revisions to the enforcement and hearing/due process section of the law.
Name of Applicant or Sponsor: Telephone: 607-273-1747
Town of Ithaca E-Mail: sritter@town.ithaca.ny.us
Address:
215 N. Tioga Street
City/PO: State: Zip Code:
Ithaca NY 14850
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. NARRATIVE DESCRIPTION IS IN PART 3
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: ❑ ❑
3. 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
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
Page, 1I of 3 SEAF 2019
'Jot&: The piropa3a�l linnrrollves only a IlangisIative action Kern qu&3tJon,,3 on ths Ipage afire irnot reqUired to Ibe answeired
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? F-1 F-1 El
b. Consistent with the adopted comprehensive plan? El F-1 E1_
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
F-1 F-1
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: F-1 F-1
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? F-1 F-1
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? F-1 0-
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:
F-1 F-1
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
F-1 F-1
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 El F-1
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? 1:1 0—
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? 1:1 If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page, 2 of 3
�Jol&� The piroposa�l liirnvoa ves only a eguslative acinon so questions on th s page acre nol irequ.uuired to Ibe answered
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
E]Shoreline El Forest F-1 Agricultural/grasslands El Early mid-successional
F-1 Wetland F-1 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? F1_ F-1
16. Is the project site located in the I 00-year flood plan? NO YES
11 11—
17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES
If Yes, El El
a. Will storm water discharges flow to adjacent properties? 11 1:1
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? F-1 0_
If Yes,briefly describe:
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:
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:
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: Town of Ithaca-Rod Howe Date:
Signature: Title:Town Supervisor
PRINT FORM Page, 3 of 3
Agency Use Only [If applicable]
Project: LL-Revisions to LHCZ 2022
Date: December 12,2022
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? ✓
2. Will the proposed action result in a change in the use or intensity of use of land? ❑✓ ❑
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)? RI F-1
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?
b.public/private wastewater treatment utilities? ❑✓ ❑
8. Will the proposed action impair the character or quality of important historic, archaeological,
architectural or aesthetic resources?
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 Paget of2
Agency Use Only[If applicable]
Project: LL- Revisions to LHCZ 2022
Date: December 12, 2022
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.
PLEASE SEE ATTACHED FOR PART 3
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 December 12, 2022
Name of Lead Agency Date
Rod Howe Town Supervisor
Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer
Christine Balestra L� \
Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer)
PRINT FORM Page 2 of
Short Environmental Assessment Form Part 3 Determination of Significance -Attachment
Project: Local Law Revising Town of Ithaca Code Chapter 270, Article XVIIIA: Limited Historic
Commercial Zones
Lead Agency: Town of Ithaca Town Board
Date: December 12, 2022
The proposed action is adoption of a local law amending the Town of Ithaca Limited Historic
Commercial Zone (LHCZ), Article XVIIIA in the Zoning Chapter of the Town Code. The proposed
amendments are intended to further the preservation, protection, and enhancement of significant
historic structures in the Town of Ithaca by bolstering the law's oversight and maintenance/upkeep
requirements.
The LHCZ was adopted in 2011 as a planning/zoning tool for adaptive reuse of historically significant
properties in the town. The law created a mechanism enabling eligible properties to be rezoned and
conferred with rights to permit a use, or uses, that would not otherwise be allowed by the current
zone, subject to Town Board and Planning Board approvals. The intent was to extend the usefulness
of historical properties that have outlived their original purpose and to potentially help make the
upkeep/maintenance of these aging properties more financially feasible through utilization of certain
commercial uses.
The proposed amendments maintain the original intent of the law but add provisions that strengthen
the requirements for maintaining the building/property's historical integrity. In addition, as the new
name implies (Limited Commercial Historical Overlay District), the law has been refashioned as an
overlay district. As such, the underlying zoning district is maintained with its associated
setback/dimensional requirements, and the new added provisions are superimposed on the existing
zoning.
Major additions and modifications to the Limited Historic Commercial Overlay District (LHCOD—
formerly the Limited Historic Commercial Zone) include the following:
• Requiring an exterior site conditions assessment performed by a design professional as part of
the application process.
• Requiring a preservation plan to address immediate deficiencies, along with plans for long
term maintenance, as part of the application process.
• Revisions and updates to the table of permitted uses by adding and regrouping uses into
logical categories.
• New provisions and revisions to the enforcement and hearing/due process section of the law.
The proposed action will not result in any immediate zoning change to properties in the town.
Requests resulting from this action will be handled on a case-by-case basis, subject to specific
procedures in the Town Code. Each request for a LHCOD will undergo an individual environmental
review and require a thorough examination of impacts on aspects such as noise, community
character, and traffic that might result from a proposed commercial use.
1
The proposed LHCOD will only apply to buildings and structures that meet the eligibility requirements
outlined in the law. This includes those that are listed on the New York State or National Registers of
Historic Places, are eligible for listing on the New York State or National Registers of Historic Places or
have been identified as being "potentially significant" in the Town of Ithaca Historic Resources
Survey. The overlay district will therefore not affect all properties in the town, only those that meet
the criteria above.
As of 2022, there are approximately thirty properties listed in the Historic Resources Survey that are
considered "potentially significant." Included are five properties throughout the town that are listed
on the State and National Registers of Historic Places. Four are individual properties: Rice Hall and
Wing Hall on the Cornell University campus, the Enfield Falls Mill and Miller's House at Robert
Treman State Park, and the Hayts Chapel and Schoolhouse on Hayts and Trumansburg Roads. The
other listing is the Forest Home Historic District, which encompasses approximately forty acres and
around seventy-five properties.
The proposed modifications will have no significant adverse environmental impacts. Requiring an
exterior site conditions assessment and a preservation plan and revising the enforcement and
hearing/due process sections of the law are process-related elements that will assist in enhancing the
quality of important historic resources in the town. They will not impact traffic volume/circulation,
water and sewer infrastructure, drainage, flooding, erosion, or other environmental characteristics on
the land that are typically analyzed in an environmental review.
The proposed list of allowable uses in the LHCOD contains many of the uses on the previous list of
allowable uses in the LHCZ. The major proposed changes include allowing short-term rentals,
day-care centers, and retreat-event venues (with special permit by the Planning Board); and
eliminating high-traffic retail uses like bakeries, florists, drugstores, and grocery stores. As stated
earlier, each request for a LHCOD will be subject to Town Board and Planning Board approvals. These
approvals will include an environmental review process that will be specific to the request and will
thoroughly analyze any significant environmental impacts associated with the request.
2
Item 4
MEETING OF THE ITHACA TOWN BOARD
November 28, 2022
TB Resolution 2022 - : Setting a public hearing regarding a proposed local law"Amending
Town of Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, to clarify
regulations associated with Cooperative Corporations and Article III, Terminology, to add
the definition of "Natural Person"
Resolved that the Town Board will hold a public hearing at its meeting on December 28, 2022,
beginning at 11:00 a.m. at Town Hall, 215 N. Tioga St and broadcast via ZOOM, ID
98910958241, for the public's convenience, regarding a proposed local law"Amending Town of
Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, to clarify regulations
associated with Cooperative Corporations and Article 1I1, Terminology, to add the definition of
"Natural Person" at which time all persons wishing to be heard regarding the adoption of the
local law will be heard.
Moved: Seconded:
Vote: ayes—
TOWN OF ITHACA
LOCAL LAW NO. OF THE YEAR 2022
A LOCAL LAW AMENDING TOWN OF ITHACA CODE CHAPTER 270, ZONING,
ARTICLE XXVI, SPECIAL REGULATIONS, TO CLARIFY REGULATIONS ASSOCIATED
WITH COOPERATIVE CORPORATIONS AND ARTICLE III, TERMINOLOGY, TO ADD
THE DEFINITION OF "NATURAL PERSON"
Be it enacted by the Town Board of the Town of Ithaca as follows:
Section 1. Chapter 270 (Zoning), Article XXVI(Special Regulations) Section 219.7
(Short-term rental uses) of the Town of Ithaca Code, is amended by as follows:
A. Section 270-219.7 subsection B,titled"Applicability"subsections (1)and(2) are deleted in
their entirety and replaced by new subsections B (1) and B (2)reading as follows:
(1) "Rentals of dwelling units that are owned by a cooperative corporation and subject to
proprietary leases under the Cooperative Corporations Law, which also serve as the
principle residence, as defined in Subsection D (1)below, of the holder of an active
proprietary lease.
(2) House sitting arrangements where a house sitter occupies a principal residence while
the owner or proprietary lease holder-is away, the house sitter provides security,
maintenance and/or pet care, and the house sitter pays no money or other financial
consideration to the owner or proprietary lease holder in exchange for the occupancy.
For the purposes of this § 270-219.7, the ownership and minimum residency
requirements in Subsection D(l)below must be met for a dwelling unit to be
considered an owner's or proprietary lease holder's principal residence."
B. Section 270-219.7 subsection D (1),is amended by adding"or proprietary lease holder"in
the first sentence reading as follows:
(1) "Except in the Lakefront Residential Zone, short-term rental uses may occur only
in a dwelling unit that is the principal residence of at least one of the property
owners or proprietary lease holder, in another dwelling unit on the same tax parcel
as the principal residence, or in a dwelling unit on no more than one adjacent tax
parcel that is owned by the same owner(s)."
C. Section 270-219.7 subsection E(1)titled"Operating permit required."is amended by adding
"Notwithstanding the exceptions in Sections B(1) and B(2)"to the first sentence of
subsection (a) and adding a new subsection (b), reading as follows:
(a) "Notwitlrsuanding the exceptions in Sections 13(l) and 13(2), each dwelling unit
used or offered for a short-term rental use shall require a valid operating permit
issued pursuant to Town of Ithaca Code Chapter 125 (Building Construction and
Fire Prevention), § 125-8. Each operating permit shall specify whether it is for a
hosted or an unhosted short-term rental use,only one such use being allowed per
unit.Before the expiration or renewal of an existing operating permit, it shall be
the responsibility of the owner of such unit to schedule an inspection with the
Town of Ithaca Code Enforcement Department in order to obtain a new or
renewed permit."
(b) "Only natural persons,as defined in § 2 70..5, are eligible to receive short teryn rental
operating perrnits4 Notwithstanding the foregoing, a trustee of a dwelling unit
owned by a trust will be considered an owner for p Urposes of this law, and is
eligible to receive a short term rental operating permit, subject to the terms of
such permits in the cone it) which the rental unit would be operated, including, if
applicable, the principal residency requirement."
D. Section 270-219.7 subsection E(2)titled"Additional hosted and unhosted short-term rental
use requirements."is amended by replacing"primary"with"principal" in the second
sentence of subsection (b),reading as follows:
(b)"No unit except a principal residence with a hosted short- term rental shall be
subject to more than one short-term rental agreement at any one time."
Section 2. Section 270-5, Definitions is amended by adding the term and definition of
"natural person"reading as follows:
NATURAL PERSON
A human being as distinguished from a person (as a corporation) created by
operation of law.
Section 3. In the event that any portion of this law is declared invalid by a court of
competent jurisdiction, the validity of the remaining portions shall not be affected by such
declaration of invalidity.
Section 4. This local law shall take effect April 1, 2023
Item 5
MEETING OF THE ITHACA TOWN BOARD
November 28, 2022
TB Resolution 2022 - : Authorization for the Supervisor to sign and Agreement with
Cornell University regarding their Contract College's Proiects
Whereas, Cornell is the State of New York land-grant university and includes four contract
colleges that are partially funded by the State of New York, and
Whereas, from time-to-time Cornell or New York State (through the State University
Construction Fund("SUCF"), Dormitory Authority of the State of New York, or other state
agencies or public entities) constructs or modifies real estate developments within the Town of
Ithaca for the use of the contract colleges, or demolishes such real estate developments, and
Whereas, the Parties desire to clarify the application of the Town's zoning (including site plan
review), stormwater, public utility and Uniform Code requirements and jurisdiction to such
developments, now therefore be it
Resolved, that the Town Board approves of and authorizes the Supervisor to sign an agreement
with Cornell University on behalf of the Town of Ithaca regarding their Contract Colleges'
Projects as submitted.
Moved: Seconded:
Vote:
MEETING OF THE ITHACA TOWN BOARD
Monday, December 1.2, 2022
RESOLUTION NO. 2022- xx—Adoption of Revised Personnel Policies-several
Whereas, the Town has been negotiating with the Teamsters unit at Public Works Facility and several
policies have been discussed for changes and improvements, and
Whereas, the Employee Relations Committee and Personnel & Organization Committee have reviewed
the revised policies and recommend revising them for all staff of the Town, and
Whereas, the Teamsters Collective Bargaining agreement sets certain values for cell phone
reimbursement, safety toed shoe reimbursement and a uniform allowance which the Personnel and
Organization Committee recommends being the same values for any position in the Town that also
receives these benefits, now, therefore,be it
Resolved, that the Town Board of the Town of Ithaca does hereby approve the revised policies listed to
replace the current policies in the Personnel Manual, and be it further
Resolved, that the Town Board approves extending the value established in the Teamsters Agreement
to those in positions that also receives cell phone reimbursement, safety toed shoe reimbursement and a
uniform allowance.
Revised Policies:
Termination of Employment, Holiday Policy, Other Employment Policy, Retiree Health
Insurance Policy, Call-in/ Call-Back Policy, Longevity, Pay Periods, Shift Differential, Health
Insurance, Short Term Disability, Parental Leave and Weather Related Time Off Policy.
Moved: Seconded:
Vote:
Policies discussed atERC andP&O 11/22—for T012.22:
Separation ofEmployment:
If the Employer discharges an employee or the employee retires or dies,the Employer shall pay all money
due to the employee or estate on the next regular payday. |fan employee voluntarily quits, and gives a
two-week notice, the Employer shall pay all money due to the employee on the next regular payday.
Employees are expected to physically work that full two weeks. Department Heads may approve timeoff
during the two-week noticetirmefrarme, and not more than 2 workdays can be without prior approval
using sick leave. "Money due" shall include unpaid hours worked, unused accrued vacation time and
unused compensatory time at the employee's regular rate of pay as of that time. In no instance will
payment be issued for unused sick time or unused personal time.
Holiday Pay:
To be eligible for holiday pay, an employee must have worked the last scheduled workday preceding and
the first scheduled workday following the holiday, unless paid time off was previously approved, or if
doctor's note excusing the employee for that day is received
| rn
0therEmnp|oymnent��
Town recognizes that some employees may choose to maintain employment or personal business outside
of the workplace. Although, employees may engage in outside employment, any obligations should not
impede the employee's job performance and behavior inworkplace. No employee shall conduct work or
accept any form of compensation from anyone for outside employment-related work during their
workday orwhile on Town property. Employees may not use paid sick leave to engage in outside
employment but may use other paid leave time with proper prior approval by Department Head or
designee. If outside employment causes or contributes to job related issues,the employee may be asked
to discontinue the outside employment and may be subject to normal coaching and disciplinary
procedures related to job related issues.
Retiree Health Insurance
Tovvn's+e�e*+4ed-employees hired onor after January 1, 2018
will be eligible for retiree health insurance at a prorated
| amount based on years of service with the Tovvn once they have at least 10
years of service. Policy for all non unionized Town employees is to match the Teamsters union contracts
in the future and for non-unionized Commission employees the policy is to match the UAW union
contracts in the future.
10'24 years ofservice retiree pays 84)6 5y6of monthly premium
� �2�ormoreyearsofservice retiree pays 5096of monthly premium
Call Back/Call In:
Times when an hourly employee is called back to work outside their regular working hours for unusual or
unscheduled circumstances,i.e.,snow,watermain breaks,trees down,water plant issues. This time does not
run-in conjunction with their normal workday since they are expected to leave prior to when their next shift
begins.This time worked also does not constitute receiving shift pay, as it is not a scheduled shift. For time
when an employee is called in and then stays at work for their regular scheduled shift,the extra hours are
paid as regular overtime not as Call Back Time. Guaranteed minimums are established in the corresponding
union contract for Production, Distribution, Engineering and Public Works staff. ,!r„i;,ll,vury,rwuww vv,Il;;r,r,,,,irr Iluw; rwc,ll„r
fi dll rra iru,wws,$ranc u,wwirr7cirp��u,wwincq cull irl oir ire fuse u,wwirr7e.irp eincyp cull in �vcrirll ° irr7 q li�rw :ally°cc! crs cll°riiir ". n�1 dfi
.............................................................'.................................................................................d.".A.........................Y.............................................................................................................................................d.".A........................W...............................................................................R............................Y.................................................I........................................................................................R..k.............................f..............
r=ir ii :::.R.._d i 0!i..d.�I!i!r� !ry.... ,? 11..0.1..
LONGEVITY:
Employees with b,xirr 1:GeF war F-e a;,,,,,,s„pr c,ii„fii,ci r,u�!rrr„Il�r ir �rj,: years of service will receive an annual longevity
payment. This payment will not be added to the employee's hourly wage at any point but is strictly an
additional payment for dedicated years of service. The years of service is based on the cumulative service
credit as of December 315Y of that year. The annual lump sum payment is a taxable benefit and will be paid
in a separate check around the second paycheck in November. Longevity is reportable income for the NYS
retirement system.
When an employee retires and are eligible for a longevity payment, they will receive a prorated longevity
payment in their final pay based on date of retirement unless they have already received the longevity
payment for that year. Employees that resign or otherwise terminate services will not be provided a prorated
longevity payment. Proration formula: (longevity amount for that year/12 months)x number of months
completed by retirement date.
All unionized employees should refer to their union contract for their longevity plan.
Town's Longevity Plan for those hired prior to 8/1/2010:
Employees with ten (10) years of service will receive $300. Every year of service thereafter, the employee
will receive the previous year's amount plus an additional$50.
Example: 10 years of service-$300 11 years of service-$350 12 years of service-$400
Town's Longevity Plan for those hired prior to 81.1 2010:
For Town/4'..ui;; t.4.6ir non-unionized employees vvii t l n„ iye. ( „)yg2!r� rah ^.e. iryf_c e„a!r cd„hired on or after
8/1/2010 the following longevity schedule applies(rm.-es i nc.ra-' ` '-e*xistJive AugwA 2:02G):
M M1 .........X ......M.
10-14 years of service $309.4 O.Q. 15- 19 years of service $4)9.6 O...
20-24 ears of service $_W 0.8 O.Q. 25 or more years of service $. -1,,,, O
PAY PERIODS:
Direct deposit is irrw :Jiru,d rw=:cce) I it u,wwcd 11 Ian r r i�rw iid with cll°rccll�o v I �d wM o a n ter,
p ...............................a...................................d............................................Ii.......................................E........ ............................................................. ...........................Ii............................................................................................................... y
Wages e)SHIFT DIFFERENTIAL PAY:
Overtime hours that are an extension of the scheduled shift(before or after)will be paid at one and one half
(1%)times that shifts' hourly rate (shift overtime). For example, if an employee's regular shift ends at 8:00
am, and the employee works until 10:00 am,the employee will be paid two (2) hours of overtime based on
their regular rate of a plus that shift's differential. If tl�nu,ww u,wwirr��Ilu� u,wwu,ww�Lg[l iin. g�h ift�"ilfifeireint4i shift ire ga-_w�t
g pay p .....................................................r................ ............................................................E:.........................................................................................................................................................q................................
m u,wwin t rr tiiirrr u,ww rsfi giid a;veirtlirr�e the crairrr, rw!i pjp[ tli r�u,w.,vvll1 Ilan � iid out at tlihe u,w im, I!P u,n.pls irrw�,u ull�ir
r...................................................Y........................................................................................ ................................................................................................................................. ................................................y............................................................................r........................................................................................................... ............Y........................................k........................
rtrwfit tll°r tliru,ww tll°rrairr7, u,wwintrar tiiirrru,ww I uaa.cJ. m1111°re irrwuullir irtrwfi vvlllll prat iiincll�acJu,ww tll°ru,ww1iit
i............ ...................................................................................................................................2............................................... .....................................................................................................................................tri............................................................................i............ ...........................................................................................................................................................
c�iiffe=1rei r.�':!.�:.11.....11.1ru„w1rr 11u 1rr..:.
Health Insurance Employee Contribution and Coverage:
Town non-union employees hired prior to January 1, 2016, will be given the option to select which health
insurance plan they want to enroll in; either the existing PPO plan or the Platinum Plan*:...E.. . y.e. .xi.« ur
rc i ll::q......I .).rcS R.4 ...G. ......11 1 ...t 44-e Employees hired
after January 1, 2016, will be allowed to enroll only in the Platinum Plan. No...i ew r inirral1irne,Mints Ib..y air„y �tg
Irr..q.....l l. ....'..f',C ....is II .Irr._4':j.:r.'.cI:ityrX...J.a:i ruuµ .Ir.Y.....�:,�....2023...
SHORT TERM DISABILITY LEAVE (For Town only)
Short Term Disability Leave is available to all employees covered by this contract. Short term disability is
when the disability leave will be for a maximum of twenty-six (26) weeks in any consecutive fifty-two (52)
week period beginning as of the first use of disability.
Disability benefits will be paid for non-work-related illness after the 7-day waiting period (5 business days)
and for non-work-related injury after 1 day. The employee must cover the waiting period using their sick
time, but if depleted,then any paid time off leave can be used. After the waiting period,the Town will use
code"Other-Dis"to subsidize 70%of the employee's regular hours per day(5.60 hours). The remaining 30%
of hours per day (2.40 hours) shall be supplemented by an employee's sick time or any paid time off leave
the employee choses. The use of the employee's paid time off leave will allow the employer to issue the
employee their regular full paycheck, continue to accrue paid leave time, continue health insurance, and be
credited with days worked in retirement system.
If the employee has depleted all their paid time off leave,then they will be eligible for only the 70% paid by
the Town and will no longer be eligible to accrue additional paid leave time and will no longer be reported as
active to the state retirement system. There will be no change to their health insurance.
The Town may contract with a third party to process these claims. The employee must submit a claim form
and provide an acceptable Doctor's statement for the claim to be processed. All decisions regarding the claim
will be handled by the third party. Any reimbursement payments from the third party will be paid directly to
the Town to reimburse "Other-Dis" time. If the employee accidentally receives a payment from the third
party,they shall forward it to the Human Resources Office immediately. A doctor's statement authorizing a
return to work is required.The Town and/or employee may request a light duty return to work.
Other financial items:
Extend to all applicable non-union staff the same dollar amounts for cell phone reimbursement,safety toed
shoe reimbursement,and clothing allowance.
Final approved by TB& BP=effective 11/1/18 -- revisions discussion ERC& P&O 11.2022
PAID PARENTAL LEAVE POLICY:::: tj.g. W,.ji for J�owin o 11
� 9 2�. ..................................................................................... ......y
The Town/Commission does not offer the employees the New York State Paid Family Leave
program, due to providing an enhanced short term disability policy. However, the
Town/Commission does provide a paid parental leave to those employees that are going to
become a parent either through the birth or adoption of a child or foster care placement of a
child. This policy aligns with the Town/Commissions family friendly initiative and is
complementary to the existing Federal Family Medical Leave Act (FMLA.)
Eligibility:
• Both part-time and full-time employees are eligible (seasonal employees are not
eligible.)
• Must have completed at least thirty (30) calendar days of employment.
• Employees qualify for parental leave as both primary and non-primary caregivers.
• Surrogacy arrangements are also included in the context of this policy.
• Birth mothers are eligible to use leave to cover the waiting period for short term
disability p..D.d g.. pJl.gyee's share of hQUM thereafter.
.... .........................................................................................................................................................................................................................
• Approvals for all requests for paternal leave will be without discrimination against
employees with protected characteristics.
Provides:
0 f ve (5�.Ig.!2 C ..Q.) consecutive workdays as a temporary paid leave of absence;
0 Leave is paid without the need to use of any vacation, sick or personal time;
0 Leave will be coded as "Other" time on timesheets;
* While on paid parental leave, the employees' position, regular pay and benefits will
be maintained.
Requirements:
• Employees begin their parental leave on the date child is born/adopted/placed
unless they have requested to use their parental leave at a later time period;
• Leave may be used only for the day of or days after the birth or placement of the
child;
• Leave must be taken within the first five (5) weeks immediately following the birth,
adoption or placement of the child;
• Alternate arrangements, such as intermittent use or working part-time instead
of taking full leave days, may be made at the discretion of the manager and
must be in writing.
Employees are eligible to request additional leave through the Federal Family Medical
Leave Act. FMLA provides twelve (12) weeks of job protected unpaid leave. FMLA
must be subsidized by the use of paid fringe time, if available. To extend the leave, a
formal extension request must be submitted at least one week before the end of the
leave time.
To Request a Parental Leave:
At least three weeks in advance, employee should submit a written request for parental
leave to their manager and the Human Resource Manager detailing the following:
Final approved by TB& BP=effective 11/1/18 -- revisions discussion ERC& P&0 11.2022
o the date of expected birth, adoption or placement;
o the projected start date of the leave;
o the projected end date of the leave;
o submit certification of pregnancy with expected due date;
o the desire (if applicable) to extend the paid leave with Family Medical
Leave Act
Human Resources will review the request and determine the employee's eligibility for the
leave. Approval of the leave will be in cooperation with the employee, their manager and
Human Resources.
20) WEATHER RELATED TIME-OFF PROCEDURES -clean draft version for TB 12.22
A. EMERGENCY CLOSING PROCEDURES
The Town Supervisor (Town), General Manager (Commission) and Executive Director
(Consortium) make the final decision for closing offices and facilities during inclement
weather or other unusual incidents. This decision will be based on information provided by
the Director of Public Works/ Highway Superintendent, Sheriffs Department, Tompkins
County and other sources.
1.) If the Town Supervisor closes any Town facility, then they will notify the Human
Resources Manager and the media. If the General Manager closes that facility, then
they will notify the media and the Human Resources Manager. If the Executive
Director closes the office, then they will notify the Human Resources Manager.
2.) The Human Resources Manager (Town), the General Manager (Commission), the
Executive Director (Consortium) (or their designee) will notify employees as soon as
possible that the office/facility is closed. If staff is not notified that the facility is closed
then the facility is considered opened and they should report to work at their regular
time (see below, road closures.)
B. OFFICES OFFICIALLY CLOSED
The Town Supervisor (Town)/ General Manager (Commission)/ Executive Director
(Consortium) may officially close the public offices due to weather or other issues.
Town Hall: Non-Essential staff not required to work will be dismissed from their duties and
paid in full, using "Other" time for the length of time the offices were officially closed to the
public up to their normal workday, e.g.: 7.5 or 8.0 hours. If any work is performed at the
office or remotely when the office is officially closed, that time shall be recorded on the
employee's timesheet as hours worked in addition to the "Other" time hours.
Public Works Facility: Due to specific job duties and responsibilities, some employees
might be essential and be required to come into work or remain at work during weather
events. All essential Public Works Facility employees are required to remain at work or
report to work, unless specifically notified otherwise by their Department Head.
Employees already off using paid time off leave and not required to come to work will use
"Other" time.
Essential Public Works Facility employees required to work when Town Hall offices are
officially closed will receive overtime at time and one half for the total number of hours Town
Hall is closed in addition to any other overtime they would earn that day. For example: if
Town Hall offices closes at noon, Public Works Facility essential staff would be paid at time
and one half for those 4 hours and any hours worked before or after their regular hours.
Full day closures would be eight (8) hours of overtime pay. Employees scheduled to work
any shift during the day of closure will receive the extra overtime hours.
Commission: If the Commission, closes certain departments, then only notified essential
personnel are required to remain at work or to report to work. Essential Commission
employees required to work when some departments are officially closed will receive, over
and above their regular pay "Other Time-snow"to use at a later date equal to the number of
hours the departments were closed. For example: if Administration department is closed at
noon, other essential Commission staff working would receive four(4) hours of"Other Time-
snow". Full day closures would be eight(8) hours of"Other Time-snow". Employees already
off using paid time off leave will use "Other" time for the number of hours of the closure, up
to their regular scheduled hours. Employees scheduled to work any shift during the day of
closure will also receive the "Other" time. Employees working a different schedule and
therefore, not scheduled to work the day of the closure, will not receive "Other" time. For
example, an employee that works Monday through Thursday would not receive "Other"time
if the closure was on a Friday. Use of"Other" time shall be requested off (preferably within
30 days of the closure) using the same procedure as requesting Vacation time. The "Other"
time must be taken all at one time and not spread out over multiple days.
0 Official Road Closures:
If the roads are officially closed by the County Sheriff, then only essential positions are
required to report to work during road closures. Essential staff members should be sure
to have their employer ID cards when commuting on closed roads. All non-essential
positions will not be required to report until the roads have re-opened. Non-essential
positions will use "Other" time for the time that the roads are closed. Once the roads are
opened employees should report to work within 60 minutes. For time beyond the 60
minutes the employee may use paid time off leave. Time should not exceed a regular
work shift. Employees should contact their department manager if they are not going to
come in and are requesting to use paid time off leave, or the remote work option or are
going to be later than the 60 minutes. Refer below for listing of positions that are
considered as Essential and Non-Essential for each location.
* This policy includes counties other than Tompkins, which staff may live in or drive
through to arrive at the facility.
* During some emergency situations non-essential staff may be notified to report to work
to aid in coverage by providing relief time of essential staff or due to their particular skills,
e.g.: Code Enforcement, Engineering, IT, administrative positions.
C. OPEN DURING INCLEMENT WEATHER- WEATHER ADVISORY:
The safety of employees is of great importance. Therefore, during inclement weather when
offices remain open, and the employee does not feel they should attempt driving to work
or want to leave early then they should contact their department manager. The employee
shall notify them that they will be using paid time off leave and will not be in due to the
weather; will be coming in late/leaving early (specifying an approximate time), or
requesting to work remotely. No payment will be made for this time off unless paid time off
leave is used.
Essential and Non-Essential Position Listing
Commission:
Essential Staff: General Manager, Production Manager, Distribution Manager, Water
Treatment Plant Operators, Electrical & Mechanical Technicians, Distribution Operators,
Sr. Water Maintenance Specialist, and Assistant Production and Distribution Managers
Non-Essential: Finance Manager, GIS/IT Specialist, Water Maintenance Specialist,
Principal Account Clerk Typist, Sr. Account Clerk Typist, Account Clerk Typist,
Administrative Assistant III and any other administrative positions created.
Public Works Facility:
Essential Staff: Highway Superintendent/ Director of Public Works, Deputy Highway
Superintendent, Water/Sewer Maintenance Supervisor, Parks Maintenance Manager,
Working Supervisor, Sr. Heavy Equipment Mechanic, Heavy Equipment Mechanic,
Heavy Equipment Operator, Motor Equipment Operator, Laborer, Maintenance
Supervisor, Maintenance Worker, Administrative Assistant IV.
Non-Essential: Director of Engineering, Sr. Civil Engineer, Civil Engineer, Sr. Engineering
Technician, Engineering Technician I, GIS Analyst, Administrative Assistant I and any
other administrative titles or positions created.
Town Hall:
Essential Staff: none
Non-Essential: Town Clerk, Deputy Town Clerk, Court Clerk, Director of Code
Enforcement, Sr. Code Enforcement Officer, Electrical/ Code Enforcement Officer,
Director of Planning, Sr. Planner, Sustainability Planner, Planner, Human Resources
Manager, Finance Officer, Deputy Finance Officer, Bookkeeper to the Supervisor,
Network Specialist, all Administrative Assistant titles.
Consortium:
Non-Essential: All Consortium employees