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TB Packet 2018-10-29
Meeting of the Ithaca Town Board Monday, October 29,2018 at 4:30 p.m. Agenda 1. Form Based Zoning—begin looking at first draft language 2. Discuss and consider adoption of revised Sexual Harassment Prevention Policy 3. Discuss and consider adoption of a Parental Leave Benefit Policy 4. Discuss and consider approval of 2018 Water and Sewer re-Levy of Delinquent 2017/2018 Water and Sewer Rents 5. 5:30 p.m. —Public Hearing regarding changes to the Stream Setback provisions a. SEQR b. Adoption 6. Committee Reports Budget Planning Public Works Personnel and Organization Codes and Ordinances Other or Intermunicipal 7. Report of Town Officials 8. Correspondence—Ithaca College Catering ABC letter 9. Consent Agenda a. Town Board minutes b. Town of Ithaca Abstract 10. Consider entering closed session to discuss union negotiations 11. Consider adjournment TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn, say that I am the Town Clerk of the Town of Ithaca, Tompkins County, New York that the following notice has been duly posted on the sign board of the Town Clerk of C� the Town of Ithaca and the notice has been duly published in the official newspaper,Ithaca Journal: 11 ADVERTISEMENT/NOTICE 0 NOTICE OF PUBLIC HEARINGS 0 NOTICE OF ESTOPPEL 0 NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER Local law to modify provisions of the Stream Setback Town of Ithaca Public Hehiring law The Ithaca Town Board will hold a public hearing at its meeting at 215 Tio a St, Ithaca, on October R2018 beginning at 5:30 p-m- re- garding a proposed local law amending the Town of Ithaca Code, Chapter 2170 Entitled "Zonin , to ions oAhe Strea modi- fys law pertaining to the identification of the Location of Sign Board Used for Posting: stream setbacks on applica- tions and plats qqd,,other Town Clerk's Office related ecl provilsior*,"'At,suck' tima-end place, , 215 North Tioga Street is invited to speak regard- ing' e igard- ingthe_prop-ed action. Ithaca, NY 14850 Paulette Rosa Town Clark 10/19/2018 Town website at www.town'ithac�Lijj ..jLs Date of Posting: 10/19/2018 Date of,,, lication: 10/19/2018 Paulette Rosa Town Clerk STATE OF NEW YORK) COUNTY OF TOMPKINS) SS: TOWN OF ITHACA) Sworn to and subscribed before me this� day of Ir 11 4-1— �)o te- tz"L-1 2018. ............ Notary.Public Debra DeAugistine Notary PubUC-State of New York No.01 DE6148035 oullified in Tompkins County MY commission Expires June 19,20,22— MEETING OF THE ITHACA TOWN BOARD Monday, October 29, 2018 RESOLUTION NO. 2018- xx —Adoption of Revised Sexual Harassment Prevention Policy Whereas, the Personnel & Organization Committee has reviewed the revised Sexual Harassment Prevention Policy, which will bring the policy into compliance with 201-g of NYS Labor Law; and WHEREAS, the Personnel & Organization Committee recommends adopting the revised Sexual Harassment Prevention Policy to replace the current policy in the Personnel Manual; now, therefore, be it Resolved, that the Town Board of the Town of Ithaca hereby approves the revised Sexual Harassment Prevention Policy to replace the current policy in the Personnel Manual; and be it further Resolved, the Human Resources Manager is directed to update the policy in the Personnel Manual and Safety Manual. Moved: Seconded: Vote-, Sexual Harassment Prevention Policy: Town/Commission is committed to maintaining a workplace free from sexual harassment. Sexual harassment is illegal and is a form of employee misconduct and workplace discrimination. All employees are expected to behave in a manner that prevents sexual harassment in the workplace. This Policy is one component of Town/Commission commitment to a harassment and discrimination-free work environment. Poli 1. Town/Commission Policy applies to all employees, a nts for employment, interns, whether paid or unpaid, seasonal/temporary, elec ppointed officials, volunteers, contractors and persons conducting busine Town/Commission. In the remainder of this document, the term "employe" e o this collective group. 2. Sexual harassment will not be tolerated r employee ,N dividual covered by this policy who engages in sexual hara W or retaliation subject to remedial and/or disciplinary action, which T include counseling, ension, and /or termination. 3. Retaliation Prohibition: No rson covered r rcy shall be su to adverse employment action incluO I ng discharg Iplined discriminate against or �10j' cause the employee reports an otherwise subject to adve� I ment actl incident of sexual harass . . s inform or otherwise assists in any investigation of a sexual haras nt c ,��� t. Tow S mission prohibits retaliation against anyon o in good fad ompla ( rovide rmation about suspected sexual har ny emp' �, �e of I ; icmis who retaliates against anyone i in a al haras stig i II be subjected to disciplinary action, u r and incl :a termin , Any emp�! fie, intern/seasonal/temporary, elected or a ed offio a volunteer u� on-employee' working in the workplace who believes they b bi ct to . retaliation should inform a supervisor, �r Hu 'e cis age ny employee, intern/seasonal/temporary, inte al, volu a no, mployee who believes they have been a ictim of s aliatl ay also s compensation in other available forums, as �111.xplained belo ,SII I e se on Legal Protections. y 4. harassment ' ensive . ' a violation of our policies, is unlawful, and subjects To mmission toy i ility for arm to victims of sexual harassment. Harassers may also b 'vidually SL t to liability. Employees of every level, who engage in sexual harassm cludin , nagers and supervisors who engage in sexual harassment or who knowi �I II4 behavior to continue, will be penalized for such misconduct. 5. Town/Commissi ill conduct a prompt, thorough and confidential (to the extent possible) investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment. A non-employee is someone who is(or is employed by)a contractor,subcontractor,vendor,consultant,or anyone providing services in the workplace.Protected non-employees include persons commonly referred to as independent contractors and temporary workers. Also included are persons providing equipment repair,cleaning services or any other services provided pursuant to a contract with the employer. 6. All employees are encouraged to report any harassment or behaviors that violate this policy. Town/Commission will provide all employees a complaint form for employees to report harassment and file complaints. 7. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or hear about to the Human Resources Manager. 8. This policy applies to all employees, interns/seasona °;office , porary, elected or appointed officials, volunteers or non-employees and all mus , and uphold this policy. This policy must be posted prominently at Town/Com s p facilities and be provided to employees upon hiring. u j r What Is "Sexual Harassment"? Sexual harassment is a form of sex discri i n and is unlawfu' er federal, state, and (where applicable) local law. Sexual hara ' t includes harassmen " ; ; the basis of sex, sexual orientation, self-identified or perceived se ender ex session, geri : 'dentity and the status of being trans ender. Sexual harassment includes unwel'I duct which ! ther of a sexual nature, or which is directed at an individual because of I' al's sex. 4 • Such conduct r, ;e purpose fect of � nab ly�iite ering with an individual's work erfo ' I atin aI j'mid . ° (I' �' or off ensive work environment p r i g i u even if th j plainm ividual is I ende � of the sexual harassment; Opt • Such cond s made e r explicitl I�I II implicitly a term or condition of employment; or i,I�n a 9I • oil�� NII�IIWIOnI � illl�In,. 6,o ore ion �I con is used as the basis for em to ment p Y arra �I an in al s em �: t. A s I)I'' harassing a wo vironment consists of words, signs, jokes, pranks, intimida , �' r physical vi ce IN re of a sexual nature, or which are directed at an individual se of that iri ual's s R. Sexual harassment also consists of any unwanted verbal or phy ��, dvances, ually explicit derogatory statements or sexually discriminatory remarks made b eon e h are offensive or objectionable to the recipient, which cause the recipient disco r cation, which interfere with the recipient's job performance. i Sexual harassment also curs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment or any other terms, conditions or privileges of employment. This is also called "quid pro quo" harassment. Any employee, who feels harassed, even by a single incident, should report it so that any violation of this policy can be corrected promptly. Examples of sexual harassment: Sexual harassment includes, but is not limited to, the following acts, which are a violation of this policy and are strictly prohibited: ® Physical assaults of a sexual nature, such as: • Touching, pinching, patting, grabbing, brushing against another employee's body or poking another employees' body; • Rape, sexual battery, molestation or attempts`;to commit these assaults. • Unwanted sexual advances or propositions, such as • Requests for sexual favors accompanied by implied or overt threats concerning the victim's job performance evaluation, a promotion or other job benefits or detriments; • Subtle or obvious pressure for,uhWelcome sexual activities )in !I" I Sexually oriented gestures, noises, rerrrarks, joke ,.ori comments "b"t, a person's sexuality or sexual experi ' which create kizhosf►lew�iork environment a� iI 4� I r�r(I�II�III I.i Gender stereotyping or sex►s► e ►ned as demeaning comments, gestures, or actions inIV I"I ��fpiiIi�u(��i� related to ideas or perception) uli�l� bou ,l��i��lii°� a specific sex should act, look or behave, which creates unequal or unfal1' atm�e �ll'I,Isuc��,, as: �� IIIIIIIIVIIp,� , II o���i , �, Statements �►ke woma ��� fiver al��I ��tc(�� hen u sand be a man„ ��� �� � �i p i ri �I IIIc , � ��o(Il���i � I�'llllllllur��, Sexual or djiseliminatoryd►splays ar s � I ���I ns an�r a Ite m the workplace, such as. Displaying pictures, posters,��� �endars, graffiti, objects, promotional material, �tl < < I �IIIIIIIIIiI readip"p,Ipater►a16 or other ,�i jerials that may be perceived as sexually demeaning or�,ipornoclraphic IIII rh►s includes such sexual displays on I phol � I11 rrkplace�computers or cell�� 'I and sharing such displays while in the wl�'y cp ace li If�I�z II i V� III !Hostile 1�llIl��I�IIIIL, • i'IHostile actions takce, against an individual because of that individual's sex, sexual �Illllllllllp ''�IIIIIIII' ��� , ial �entation, self-iuel ►fled or' perceived, gender identity, gender expression, and the illi I VIII I li uli�I I sta u f being translge;' der, such as: IIIIII I Illllil+III Interfering v destroying or damaging a person's workstation, tools or 11�Ilull'�i;l�llllllfflI�I�I�Il�li, �Ilildl l uipment, I�III�,I1II�ItIi therwise interfering with the individual's ability to perform the fo'°�I�il��f II�III . �i��III'��lt�il�l{'ll,l Saboa� i individual's work; Sullyir�gi�EE�I l�l �►ng, name-calling. Who can be a target of sexual harassment? Sexual harassment can occur between any individuals, regardless of their sex or gender. New York Law protects employees, interns/seasonal/temporary, elected or appointed officials, volunteers and non-employees, including independent contractors, and those employed by companies contracting to provide services in the workplace. A perpetrator of sexual harassment can be a superior, a subordinate, a coworker or anyone in the workplace including an independent contractor, contract worker, vendor, client, customer or visitor. Where can sexual harassment occur? Sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer sponsored events or parties. Calls, texts, emails, and social media usage by employees can constitute unlawful wo ce harassment, even if they occur away from the workplace premises or not during work, P11,What is "Retaliation"? Unlawful retaliation can be any action, more ?'ah' rivial, that ke� "''$.Oil a worker fom coming forward to make or support a sexual harass Maim. Adverse actio Need not be job-related or occur in the workplace to constitute unlaWfl taliation. �I� I�JJiI p 11,0.pp lll 6yI I' I Such retaliation is unlawful under federal, state, ' d (wh licable) toaw. The New York State Human Rights Law pr s any individ 'b' b; !lI �sengaged in "po ed activity." Protected activity occurs when a p I lil ' s: "ll � I II I Illy 1... �, . • filed a complaint of sexual either in e!rn ;ll or with any anti-discrimination II I Ii I, ! I �+ agency; l��I I �A i lll,"11,11p ''il,� l';;+, • testified or s�'is� ' �f a roce� � 'I invol 'IIIIIIIIgI ual h��II'�'ll'lil''''' HI III Ii Nllti. p l I �allssment under the Human �, I VIII Rights La ill: rl' �I discrimin la � Illy ' l I II � I►I!I� IIIIff ��... IL. opposed s ' harass t by make erbal or informal complaint to management, �Illli;Ill�h. Ilii) I I n or by simply M,�;: ing rvisor or ger of the harassment; II II II I I I I I� llll) q' "ul ills • ( � � � ,N,I �'�a at ante mploe l be I exually harassed; or II,IIi I"IIIIIII �I �� :�.E. :I{�IIl�fll encouraged a 7t�o reportG��a Re ortIAm� Ixual assment. Harass Preventing s �I i harass I is everyone's responsibility. Town/Commission cannot prevent or re �I sex u ' unless it knows about it. Any employee, intern/seasonal/ to (�''� I I ted or appointed official, volunteer, or non-employee who has been subjected to be''l i, l' .++I at may constitute sexual harassment is encouraged to report 1 I� Y g p such behavior to a su isor, manager or Human Resources Manager. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to a supervisor, manager or Human Resources Manager. Reports of sexual harassment may be made verbally or in writing. A form for submission of a written complaint is attached to this Policy, and all employees are encouraged to use this complaint form. Employees who are reporting sexual harassment on behalf of other employees should use the complaint form and note that it is on another employee's behalf. Any employees, intern/seasonal/temporary, volunteers, elected or appointed officials or non- employees who believe they have been a target of sexual harassment may also seek compensation in other available forums, as explained below in the section on Legal Protections. Supervisory Res onsi ilities All supervisors and managers who receive a complaint or ,Jiftfmation about suspected sexual harassment, observe what may be sexually harassing beh° `r�o;rr for any reason suspect that sexual harassment is occurring, are required to repo such suspected sexual harassment to Human Resources Manager. Vel > >ilrilll� , In addition to being subject to discipline , Ff,`,I,t„h"""y engaged in sex l „harassing conduct themselves, supervisors and managers wilL'b'e subject to discipline JJO�(,;failing to report suspected sexual harassment or otherwise knawtngly allowing exual harassrraent to continue. Supervisors and managers will lakb e subject to Isc1n for engaging in any form of retaliation. li �1 Complaint And Investigation Of Sex�fUA[I,.HarassMent i I s%w100 all I' r l l f��lli i�lll �Ililphi Will All complaints or information about suspe �e0 sexu''s I oras rr�ent will be investigated, whether ' ��llnllEf�'llp f�i�ll�l�r'lll�l�l�' ��I�fl(fl,'f((Ilf��� that information Was.reported %n verbal or " � � orm. Inve, i�fiations will be conducted in a timely manner, and iw1ll be confidential to the e,rr possible. 1, '(�I�Ct � i An invest0!111A on of any complaint, formation o owledge of suspected sexual harassment iitVl � � �will be ( �I� h thorough commenced��Jmme r ely and completed as soon as possible. � Iui a(tlll(Ifl'il�((I����G� ri�u,�l 9 �I ����Thi <K stigatioi� ��� n� �(�be confidential to the�e en�, ossible. All persons involved including �Il,��i�l�l��(ii" Uli ffi�(�I�i�l�, tili{i �li ifl'4FJ'✓��i� o coni Ria witne�s� i�� and persons against 4,hom a complaint has been brought, will be �i " pru , ac � due process" j ,otect their rights to a fair and impartial investigation. iP'� it II Any empl� Y,p e may be rei�red to cooperate as needed in an investigation of suspected 'V�(Ti���l��I„ ii III lil Illllh sexual haras ent. Emplo ' Is who participate in any investigation will not be retaliated against. ����'�flllllll jll���� I� lull Investigations will b ('I�MI�I� ccordance with the following steps, to the extent possible: ��IIII II�I�U11111li����i �1� • Upon receipt a III "i,i"ilfj6''plaint, Human Resources Manager will conduct an immediate review of the allegations, and take any interim actions, as appropriate. If complaint is oral, encourage the individual to complete the "Complaint Form" in writing. If he or she refuses, prepare a Complaint Form based on the verbal reporting. • If documents, emails or phone records are relevant to the allegations, take steps to obtain and preserve them. • Request and review all relevant documents, including all electronic communications. • Interview all parties involved, including any relevant witnesses;. • Create a written documentation of the investigation (such as a letter, memo or email), which contains the following: • A list of all documents reviewed, along with at°detailed summary of relevant documents; ! iiii+ A list of names of those interviewed, al o . `� tha detailed summary of their statements; i a • A summa ofevents; Ve or relevant incide s Illi l h, orted " ;� �' • summary p 'ill ii reported; and • The final resolution of the comp) ogether with a 1 orrective action(s). • Keep the written documentation '�i�;�'� associated docume� illi, a secure and confidential location. ;,�, 'I �h(1 ', aaI11�qII �y ahl lhl a�'�1'I�''I' 4. �'Z`yh II�I'III I 'f 1911111 � pt�b:h. • Promptly notify the individ who complairicle individuals) whor.,esponded of I Ili i I n N� �n ..�� '�� the final determination a any c ive actions identified in the written document. �oment � i,t • Inform the individual who col, ��� ine�'111114 it ngh ��I a complaint or charge externally, as below. y�,�. � Legal Protection , nd Extern �,� II emedies �� %ill ,, .Sexual harassment is my bed by tfi wn/Commission but is also prohibited by federa ' I wh '�,i YH1 al lad I side from the internal process at the To I mplo may a ,o 7 oo to pursue legal remedies with the go'' I ental enti� ' ted III If the sment involves physical touching, coerced 41f Iii, SII p Y 9 ph l .iconfinement er i 1 acts, the conduct may constitute a crime and the local police) rtment may b tacte a victim's discretion. New 14,�,, tate Divisi f Human Rights DHR The Human Righ IIINn �#Oyees. odified as N.Y. Executive Law, art. 15, § 290 et seq., applies to employers in Nee with regard to sexual harassment, and protects employees, unpaid interns and Complaints with DHR may be filed any time within one year of the harassmontact DHR at (888) 392-3644 or visit www.dhr.ny.gov/complaint for more information about filing a complaint. United States Equal Employment Opportunity Commission (EEOC) The EEOC enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.). An individual can file a complaint with the EEOC anytime within 300 days from the harassment. The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800- 669-6820 (TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov i o,l�l I� ISI � ��i it"i�i III ill�� ''lll li I 1 ISE rl t i._ r r II'Ili'ill II I r i tf Iii ' I li�'I�11�I�IWiI��i�llll�il illi�I�liii:. I�I�114�,I ISI I; I III! �I�II I � I I t � I VIII I(i �i� 9�,� HARASSMENT COMPLAINT FORM Reporting Any Form of Harassment including Sexual Harassment If you believe that you have been subjected to heroaenlen( in any form, including sexual harassment, you are encouraged to complete this form and submit htVthe Human Resources Manager, in person or via email. Once you submit this form or if you are more comfortable reporting verbally or in another manner, the Town/Commission is still required to follow its Harassment Prevention Policy and Sexual Harassment Prevention Policy by investigating the claims. COMPLAINANT INFORMATION Name: Jow Phone #: ail: Preferred Communication Method (please seIA"I'l e)- Call/ Email/ In n SUPERVISOR INFORMATION rO mi Immediate Supervisor: lit" Manager/Eig ent Head: COMPLAINT INFORMATION 1. Your complaint of hf exua assine de ag' Work Address: 5 "Work Phone: Relatio �� 'RI s for sheetscond that the 3. Date(s) and time(s) harassment occurred: Is the harassment continuing to occur? Yes No 4. Please list the name and contact information of any witnesses or individuals that may have information related to your complaint: Questions 5 and 6 are optional, but may helpa, i�ito the haves I tion. 5. Have you previously complained or information (verbal ortten) about this harassment at the Town/Commission? If4 � �, hen and to whom didi," � yv p complain or provide information to? `"W� 4�� IIA'W"irolxii a���W14�1� u 1 ri 1N ll 17'IIx, 6. Employees that file is with the �,p77 mploy�rx , have ability to get help or file 1 IIx�." 1�uSM1i claims with other ries i� d' g feder �� to �rnment agencies or in certain IJ ANN" courts. Fcrr adc a al resourc ��visit: ny.� �1�aIt ng-s � �I-harassment Have you filed a clai ��ardm a complain `� a federal, state or local government agency? 9 �����w "",{11��� { LI ���i��,��1�"ail yy � y I{d C.pI ,411 I 6� Hou mstitute �i I Yes nal si `(,court act �a arding this complaint? ° 111 C^ ,o AI 1 ,,. g4�. Have y ed an attorneh resp � , this complaint? request that the Town/ '"��""t� �ission investigate this complaint of harassment in a timely and confidential manner, and advise me of the results of the investigation. Signature: Date: MEETING OF THE ITHACA TOWN BOARD Monday, October 29, 2018 RESOLUTION NO. 2018-. xx —Adoption of Paid Parental Leave Policy Whereas, starting January 1, 2018, NY State's Paid Family Leave provides New Yorkers with job protected, paid leave to bond with a new child, care for a loved one with serious health condition or to help relieve family pressures when someone is called to active military service abroad; in which municipalities had the right to "opt out" of this law; and Whereas, the Town of Ithaca did opt out due to the fact that the Town offers an enhanced disability policy that would not allow this new law to be covered; and Whereas, the Personnel & Organization. Committee drafted a Paid Parental Leave Policy, which would provide some paid time for a parent to run in conjunction with the Family Medical Leave Act unpaid job protection time; and therefore, be it Resolved, the Town Board of the Town of Ithaca hereby approves of the recommended Paid Parental Leave Policy, effective November 1, 2018; and be it Resolved, the Human Resources Manager is directed to include the policy in the Personnel Manual and Safety Manual. Moved: Seconded: Vote: DRAFT 2-BP P&O 10/24/18 PAID PARENTAL LEAVE POLICY 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. • Approvals for all requests for paternal leave will be without discrimination against employees with protected characteristics. Provides: • Five (5) consecutive work days as a temporary paid leave of absence; • Leave is paid without the need to use of any vacation, sick or personal time; • 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: DRAFT 2-BP P&O 10/24/18 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. MEETING OF THE ITHACA TOWN BOARD Monday, October 29, 2018 TB Resolution 2018-: Authorization for 2018 Water & Sewer Re-levy Delinquent 2017/2018 Water & Sewer Rents. TOWN OF ITHACA Reconciliation of Receivables ITEM# DESCRIPTION WATER SEWER TOTALS I Delinquent Re-levies $ 123,013.44 $ 68,659.56 $ 191,673.00 2 Billing Credits $ (10,007.82) $ (2,160.79) $ (12,168.61) Account Receivable Balance: $ 113,005.62 $ 66,498.77 $ 179,504.39 Whereas, (Item No. I above) $191,673.00 of delinquent water and sewer charges inclusive of penalties and related surcharges for the billing period 12/1/17, 3/1/18, 6/1/18, and 9/1/18 remain unpaid and due to the Town as of October 15, 2018 to be re-levied onto the 2019 Town and County Tax Bills; and Whereas, (Item No. 2 above) ($12,168.61) of billing credits will be carried forward for the December 2018 Water & Sewer Billing cycle; and Whereas, Town Code Chapter 261 and Town Code Chapter 210 provides for all delinquent accounts for payment of water and sewer rents and related charges to be placed on the ensuing years tax roll as a re-levy; now therefore be it Resolved, that this governing Town Board approves the list of delinquent water and sewer charges of $123,013.44 and $68,659.56 respectively, for re-levy to the 2019 Town and County Tax Roll; and therefore be it further Resolved, that a certified copy of this resolution along with a listing of those re-levied water and sewer charges are to be delivered to Tompkins County Assessment Department by the Town Receiver of Taxes for the purpose of adding these delinquent charges to the 2019 Town and County Tax Roll, the Finance Officer for accounting purposes, and to the Southern Cayuga Lake Intermunicipal Water Commission for the purpose of reconciling and account billing purposes. Moved: Seconded: Vote: N '�,U!,6Al 1, TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2018 A LOCAL LAW AMENDING THE TOWN OF ITHACA CODE, CHAPTER 270 ENTITLED "ZONING," TO MODIFY STREAM SETBACK PROVISIONS PERTAINING TO THE IDENTIFICATION OF STREAM SETBACKS ON APPLICATIONS AND PLATS AND OTHER RELATED PROVISIONS Be it enacted by the Town Board of the Town of Ithaca as follows: Section I, Chapter 270 (Zoning), Article XXVI (Special Regulations), of the Town of Ithaca Code, Section 270-219.5.13, titled "Stream setback standards," subparagraphs 13 and 14 are deleted in their entirety and replaced by new subparagraphs 13 and 14 reading as follows: "(13) An applicant will be responsible for identifying the approximate limits of the stream setback on all subdivision applications. In addition, an applicant will be responsible for identifying the approximate limits of the stream setback on all site plan applications, special permit, special approval and variance applications, building permit applications, and excavation or fill permit applications, where project limits (which term includes any soil-disturbing activity, staging, or other development- related activity) are within 100 feet of the outer edge of Zone 2, including adjustments for slopes and wetlands. This identification shall be done at the time of submission of any application. The applicant shall provide evidence satisfactory to the town through documentation, on-site markings, or other means that the proposed activity is outside of the stream setback zones (or if not, that a variance will be sought). This identification shall be subject to review and approval by the appropriate board or officer. (14) The Planning Board shall require the identification of the approximate limits of the stream setback on all subdivision plats and site plans for properties to which this § 270-219.5 applies. A note shall be placed on the approved plat and site plan indicating that the property is subject to Town of Ithaca zoning provisions regarding stream setbacks, and that restrictions and setbacks on development, soil disturbance, vegetation removal and other activities apply. The Planning Board and Zoning Board of Appeals shall reference any stream setback zones in any special permits, special approvals or variances they grant. The Planning Board and Zoning Board of Appeals may require stream setback zone restrictions to be incorporated into the deeds for properties that contain such setbacks." Section 2. 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 3. This local law shall take effect immediately upon its filing with the New York Secretary of State. MEETING OF THE ITHACA TOWN BOARD Monday, October 29,2018 TB Resolution No. 2018- : SEQR—Adoption of a Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled"Zoning,"to modify Stream Setback provisions pertaining to the identification of stream setbacks on applications and plats and other related provisions Whereas, this action is the adoption of a local law amending Town of Ithaca Code, Chapter 270 entitled"Zoning", to modify Stream Setback provisions; 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 meeting held on October 29, 2018 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: Vote: Full Environmental Assessment Form Part I-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 project sponsor to verify that the information contained in Part 1 is accurate and complete. A.Project and Sponsor Information. Name of Action or Project: Amending Town Code,Ch.270 titled'Zoning"to modify the Stream Setback provisions. Project Location(describe,and attach a general location map): Town-wide Brief Description of Proposed Action(include purpose or need): The proposed action would amend the Town Code,Chapter 270,titled"Zoning",to modify the Stream Setback provisions pertaining to the identification of the stream setbacks on applications and plats and other related provisions. Specifically,the modifications clarify that an approximate identification of the stream setback is permitted to be shown on applications/plats and site plans,rather than a precise delineation(ie.in metes/bounds).This is coupled with a new requirement that any development proposal within 100 feet of outer limit of the setback zone 2(the outer zone,while zone 1 is adjacent the stream)must include evidence,via documentation,on-site marking,or other means,that the proposed activity is outside the stream setback or,if not,that a variance will be sought. Also added as a new requirement is that plats and site plans for properties having a regulated stream include a note stating the the property is subject to the Stream Setback provisions and that restrictions and setbacks apply. Name of Applicant/Sponsor: FE-Mail: elephone:607-273-1747 x120 Town of Ithaca Address: 215 North 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 ext.120 Susan Ritter, Director of Planning E-Mail: sritter(a,)town.ithaca.ny.us Address: 215 North Tioga Street City/PO: State: Zip Code: Ithaca NY 14850 Property Owner (if not same as sponsor): Telephone: N/A E-Mail: Address: City/PO: State: Zip Code: Page 1 of 13 B.Government Approvals B.Government Approvals,Funding,or Sponsorship. ("Funding"includes grants,loans,tax relief,and anyotherforms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a.City Council,Town Board, W]YesMNo Ithaca Town Board Oct.29,2018 scheduled public hearing or Village Board of Trustees b. City,Town or Village MYesEZ]No Planning Board or Commission c.City Council,Town or MYes[Z]No Village Zoning Board of Appeals d.Other local agencies E:]Yesg]No c. County agencies MYesONo County Planning GML 239 referral,no official approval involved f. Regional agencies F-1YesMNo g. State agencies [:]YesE]No I h. Federal agencies M i. Coastal Resources. i. Is the project site within a Coastal Area,or the waterfront area of a Designated Inland Waterway? F-lYesg]No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? W]YesMNo iii. Is the project site within a Coastal Erosion Hazard Area? F-1 Yes®No C.Planning and Zoning C.I.Planning and zoning actions. Will administrative or legislative adoption,or amendment of a plan,local law,ordinance,rule or regulation be the EZ]YesF-INo only approval(s)which must be granted to enable the proposed action to proceed? • If Yes,complete sections C,Fand G. • If No,proceed to question C.2 and complete all remaining sections and questions in Part I C.2.Adopted land use plans. a.Do any municipally-adopted (city,town,village or county)comprehensive land use plan(s)include the site [Z]YesF-lNo where the proposed action would be located? If Yes,does the comprehensive plan include specific recommendations for the site where the proposed action F-lYesEZINo would be located'? b. Is the site of the proposed action within any local or regional special planning district(for example: Greenway ®Yes[-lNo Brownfield Opportunity Area(BOA);designated State or Federal heritage area;watershed management plan; or other?) If Yes,identify the plan(s): _Cqyu-qa Lake Wq ershed Restoration and Protection Plan 001),Cayuga Lake genica Forest Home Historic District c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, [Z]YesnNo or an adopted municipal farmland protection plan? If Yes,identify the plan(s): Town of Ithaca Agriculture and Farmland Protection Plan 2911Town of Ithaca Park Recreation andPp Open S..pgce Plan 9(_ 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? All zoning districts in the Town are affected by the law. b. Is the use permitted or allowed by a special or conditional use permit? N/A;action involves amending zoning ❑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 modify Stream Setback provisions. 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,Cornell University Campus Safety,Ithaca College Public Safety,NYS Police c.Which fire protection and emergency medical services serve the project site? Ithaca City Fire Department,Cayuga Heights Fire Department,Bangs Ambulance d.What parks serve the project site? There are numerous town parks,preserves and trails that serve the community in various locations of the town. In addition there are two State Parks, Buttermilk Falls S.P.and Robert H.Treman S.P.,located within the town. D.Project Details D.I.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? ❑Yes❑No L 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, L 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 proposed action be constructed in multiple phases? ❑Yes❑No L 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 wear • 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 ❑Yes[]No which is listed on,or has been nominated by the NYS Board of Historic Preservation for inclusion on,the State or National Register of Historic Places? If Yes: i. Nature of historic/archaeological resource: El Archaeological Site ❑Historic Building or District ii.Name: W. Brief description of attributes on which listing is based: f.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❑No If Yes: L 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: L 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,William D.Goodman Date Signature Title Town Supervisor PRINT FORM Page 13 of 13 Agency Use Only[If applicable] Full Environmental Assessment Form Project: Stream Setback Modifications Part 2-Identification of Potential Project Impacts Date: October 2018 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. B 1 i ❑ ❑ h.Other impacts: ❑ ❑ Page 1 of 10 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) 1 "Yes", answer questions a-c. 1 "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: E2g ❑ ❑ 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.21) 1 "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 ONO ❑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. V]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. E2i ❑ ❑ 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,Eli, ❑ ❑ E2',E2k f.If there is a dam located on the site of the proposed action,is the dam in need of repair, E 1 e ❑ ❑ or upgrade? Page 3 of 10 g.Other impacts: 6. Impacts on Air The proposed action may include a state regulated air emission source. W)NO [JYES (See Part 1.D.21.,D,2,h,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. If 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.) W]NO ❑YES 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 E2o ❑ ❑ 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 nestingibreeding,foraging,or E2m ❑ ❑ 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.) WINO ❑YES 1 "Yes", answer questions a-h. 1 "No", move on to Section 9. Relevant No,or Moderate Part I small to large Question(s) impact impact may ma occur occur a.The proposed action may impact soil classified within soil group 1 through 4 of the E2c,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. 132c,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",po 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: i. Routine travel by residents,including travel to and from work E2q, ii. Recreational or tourism based activities E 1 c 1:1 11 13 1-1 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 %s-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 0 NO RYES 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 may occur occur a.The proposed action may occur wholly or partially within,or substantially contiguous E3e ❑ ❑ to,any buildings,archaeological site or district which is listed on or has been nominated by the NYS Board of Historic Preservation for inclusion on the State or National 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 Be,E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or Be,E3f, ❑ ❑ integrity. E3g,Ela, Elb iii. The proposed action may result in the introduction of visual elements which Be,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 ZNO FJYES 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,E2 b.The proposed action may result in the loss of a current or future recreational resource. C2a,E 1 c, ❑ ❑ C2c,E2 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,E 1 c ❑ ❑ 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 Z NO YES environmental area(CEA). (See Part 1.E.3.d) I "Yes", answer questions a-c. I "No",go to Section 13. Relevant No,or Moderate Part I small to large Question(s) impact impact may ma 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. ZNO F]YES (See Part 1.D.2 j) 1 "Yes", answer questions a-.f 1 `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. NO YES (See Part 1.D.21) 1 "Yes", answer questions a-e. 1 "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 D I f, ❑ ❑ 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 D 1 g ❑ ❑ 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. ©NO ❑YES (See Part 1.D.2.m.,n.,and o.) 1 "Yes", answer questions a-.f 1 "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 132n,Ela ❑ ❑ area conditions. f.Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure ©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 132s,Elf, ❑ ❑ project site. D2r m.Other impacts: Page 9 of 10 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. ZNO YES (See Part 1. C.1,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,D 1 c, ❑ ❑ 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,D2c,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. QNO nYES (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 De,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. Dlg,Ela 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 E2g,E2h g.Other impacts: ❑ ❑ PRINT FULL FORM Page 10 of 10 Agency Use Only [IfApplicable] Project:IStream Setback Modifications Date: October=8 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. The proposed action would amend Town Code, Chapter 270, titled"Zoning", to modify the Stream Setback provisions. Modifications include allowing the identification of the stream setback on applications/plats and site plans to be an approximation rather than a precise delineation (i.e. in metes/bounds). This is coupled with a new requirement that proposed development activities within 100 feet of the outer edge of setback Zone 2 (the outer zone,while Zone 1 is adjacent the stream)must include evidence,via documentation, on-site marking, or other means,that the proposed activity is outside the stream setback, or if not,that a variance will be sought. Another new provision requires final approved plats and site plans, on properties having a regulated stream,to contain a note stating that the property is subject to the Stream Setback provisions and that restrictions and setbacks apply. The change clarifies that an approximate delineation is permitted and this is coupled with additional requirements to ensure protection of streams in the town. Providing an approximate identification of the setback is a more realistic approach given the variable nature of stream channels. Factors such as topography, erodible soils, runoff velocity/volume,and vegetation create significant variability in the shape of streams channels (beds and banks)even along a very short stream segment. The stream setback provisions require measurements from the bankfull flow mark, with added setbacks for stream-side wetlands and steep slopes. Precise mapping/surveying of a required stream setback width, even for a relatively short segment of stream, is potentially a very time consuming, challenging and expensive process. In addition,for subdivision plats,the law requires any regulated stream on a property, no matter its length or if it is anywhere near a proposed development,to have its setback identified and delineated on a plat. The proposed local law eliminates potentially onerous aspects of the law while continuing to maintain and strengthen the intent of the Stream Setback provisions. No environmental impacts are anticipated as a result of the proposed action. Determination of Significance- Type 1 and Unlisted Actions SEQR Status: ©Type 1 ❑Unlisted Identify portions of EAF completed for this Project: ©Part 1 ©Part 2 ©Part 3 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: © 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.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,Ch.270 titled"Zoning"to modify the Stream Setback provisions. Name of Lead Agency: Town of Ithaca Town Board Name of Responsible Officer in Lead Agency: William D.Goodman Title of Responsible Officer: Town Supervison 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: 1194 Kraft Road Telephone Number:607-273-1747 E-mail: sdtter@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.nv.gov/enb/enb.html PRINT FULL FORM Page 2 of 2 MEETING OF THE ITHACA TOWN BOARD Monday, October 29,2018 TB Resolution 2018- : Adoption of Local Law No. of 2018 Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions Whereas,at their meeting on October 10,2018 the Codes and Ordinances Committee(COC) discussed and recommended to the Town Board modifications to the Stream Setback provisions that included allowing an approximate identification of the stream setback on applications,plats,and site plans, rather than a precise delineation, and requiring that an applicant seeking approval for a development activity,located within 100 feet of the outer edge of Zone 2,provide evidence that the activity will occur outside the stream setback,and requiring that a note be placed on approved plats and site plan that the property is subject to the requirements of the Stream Setback provisions, and Whereas, the Planning Board, at its meeting on October 16, 2018, reviewed the proposed modifications to the Stream Setback provisions and indicated their support for the language as proposed, without any changes, and Whereas, the Ithaca Town Board scheduled a public hearing to be held by the Board on October 29, 2018 at 5:30 p.m. to hear all interested parties on the proposed local law entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning,"To Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions",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 October 29,2018,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 amendments to the Town Code modifying the Stream Setback provisions further the health and welfare of the community 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 2018 entitled "A Local Law Amending the Town of Ithaca Code, Chapter 270 Entitled "Zoning," to Modify Stream Setback Provisions Pertaining to the Identification of Stream Setbacks on Applications and Plats and Other Related Provisions"; 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 "0" S MEETING OF THE ITHACA TOWN BOARD Monday, October 29, 2018 TB Resolution No. 2018 -XXX: Town of Ithaca Abstract No. 14 for FY-2018 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. 1391 - 1469 General Fund Townwide 117,084.58 General Fund Part-Town 20,782.96 Highway Fund Town Wide DA 3,091.58 Highway Fund Part Town DB 23,361.74 Water Fund 17,774.47 Sewer Fund 53,614.77 Gateway Trail —H8 State Route 96b Sidewalk—H7 Park Lane Water Main Improv —H 11. Sapsucker Woods Water Main— H 12 Christopher Circle Water Main—H 13 Ellis Hollow Water Tank—H 10 57.99 Risk Retention Fund 2,375.00 Fire Protection Fund 255,000.00 Forest Home Lighting District 1.76.06 Glenside Lighting District 68.47 Renwick Heights Lighting District 81.08 Eastwood Commons Lighting District 174.56 Clover Lane Lighting District 20.21 Winner's Circle Lighting District 68.08 Burleigh Drive Lighting District 68.61 West Haven Road Lighting District 207.11 Coddington Road Lighting District 123.46 Trust and Agency 4,334.61 Debt Service TOTAL 498,465.34 Moved: Seconded: Vote: