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HomeMy WebLinkAboutTB Packet 2023-01-23MEETING OF THE ITHACA TOWN BOARD January 23, 2023 of I� ,1.'..own tlnaca Puotfr blic Meetings - Yube �Itid.. _,s.,//us6 (1'web,zc>orn.us/� M.6.. C)_ 2 44. AGENDA 1. Consider adoption of a proposed local law amending Town of Ithaca Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding Short -Term Rental Use Regulations associated with Cooperative Corporations, Trusts and Operating Permits a. SEQR b. Adoption 2. Consider approval and authorization for the Town Supervisor to sign the Plant -to -Plant Agreement & Multijurisdictional Pretreatment Agreement between the City of Ithaca, the Town of Ithaca and Dryden and the Village of Cayuga Heights 3. Consider setting a public hearing regarding PIO — IAWWTF Phase 3 Boiler Replacement 4. Appointment of Town Justice 5. Consider Award of Cleaning Contract for Municipal Facilities 6. Consider award of Town Hall Water Heater Upgrade Project 7. Consider approval of revisions to Sewer and Water Benefit Assessments for various Cemeteries within the Town 8. Consider NYS Association of Towns' Resolutions for 2023 and designation of the Official Delegate for the 2023 Annual Meeting 9. Consider Resolution of Appreciation — Sue Ritter, Director of Planning 10. Committee Reports a. Budget b. Codes & Ordinances c. Personnel and Organization/ERC d. Planning e. Public Works f. Economic Development g. Parks, Trails, Preserves & Recreation h. Cayuga Lake Watershed Intermunicipal Organization 11. Consent Agenda a. Approval of Minutes b. Town of Ithaca Abstract c. Appointment of Code Safety Inspector — Torres d. Budget Amendments e. Revised History Center Space Rental Agreement i Award contract — Monroe Tractor- Midland Road Widener Attachment Model WA Item I a MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 : SEOR Regarding "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Rmardin2 Short - Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits" Whereas, this action is the proposed enactment of a local law amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding short-term rental use regulations associated with cooperative corporations, trusts, and operating permits; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on January 23, 2023, made a negative determination of environmental significance, after having 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; Resolved, that the Town of Ithaca Town Board hereby reaffirms its 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: Item Ib MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 : Adoption of "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Regarding Short -Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits" Whereas, on December 29, 2021, the Town Board adopted Local Law 16 of 2021: Adding Short -Term Rental Provisions to Chapter 270, Zoning, of the Town of Ithaca Code; and Whereas, the Short -Term Rental Provisions balance the desire of some property owners to rent all or a portion of their homes to generate income to defray the cost of homeownership, with the Town's obligation to protect the public health, safety, and welfare of the full-time residents in the Town; and Whereas, the Town Board has since developed amendments to the short-term rental provisions that further clarify the regulations; and Whereas, the proposed local law containing the revisions was discussed at the December 12, 2022, Town Board meeting; and Whereas, on December 12, 2022, the Town Board scheduled a public hearing to be held by said Board on December 28, 2022, at 11:00a.m., to hear all interested parties on the proposed local law; and Whereas, said public hearing was duly advertised and held on said date and time and all parties in attendance were permitted an opportunity to speak regarding 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, on January 23, 2023, made a negative determination of environmental significance, after having reviewed and accepted as adequate the Full Environmental Assessment Form Parts 1, 2 and 3; and Whereas, the Town Board finds that the proposed amendments to the Town Code will further the health and welfare of the community and are in accordance with the purpose and legislative intent of the Short - Term Rental Provisions of Chapter 270, and the Town of Ithaca Comprehensive Plan; now, therefore, be it: Resolved, that the Town Board of the Town of Ithaca hereby adopts Local Law of 2023, "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Regarding Short -Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits." Moved: Seconded: Vote: Item 2 MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 - • Authorization for Supervisor to Sign the Plant to Plant Agreement and Multiiurisdictional Pretreatment Agreement between the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights relating to Sewer Flows from Cayuga Heights through the Kline Road Bypass. WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and operated by the three IAWWTF Owners, treats municipal wastewater originating from the City and Town of Ithaca, as well as portions of the Town of Dryden, pursuant to a Joint Sewer Agreement dated December 31, 2003, as it may be amended; and WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their respective sewer use laws and ordinances; and WHEREAS, the four municipalities believe that it is in their best interests to make full use of existing community assets before building new or expanding existing facilities, provided any proposed agreement makes allowance for future demands within those municipalities during the agreement period, and that the costs are distributed in accordance with the benefits received, including avoided costs; and WHEREAS, because their mission is to serve the aforementioned municipalities, there is a history of cooperation between the owners of the two wastewater treatment plants focused on protecting the environment by cooperating in the treatment of sewage; and WHEREAS, the municipalities' Intermunicipal Wastewater Agreement dated December 31, 2003, endorses the concept of the Village of Cayuga Heights' utilization of excess IAWWTF capacity to leverage the efficient treatment of waste without causing an environmental emergency and/or to comply with DEC point discharge regulations; and WHEREAS, the IAWWTF Owners must implement and enforce a pretreatment program to control discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part 403; and WHEREAS, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the industrial users within its boundaries, whose wastewater discharges are capable of flowing to the IAWWTF, to the necessary pretreatment controls, and to implement and enforce that sewer use law; now, therefore, be it RESOLVED, that the Ithaca Town Board authorizes the Supervisor to sign the (A) Plant to Plant Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, and (B) Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, subject to approval from the Attorney for the Town, and contingent on approval of both Agreements by the City of Ithaca, Town of Dryden and Village of Cayuga Heights. Moved: Seconded: Vote: Final adjusted 1/19 Item 3 MEETING OF THE ITHACA TOWN BOARD 215 N. Tioga St., Ithaca, NY Tompkins County January 23, 2023 TB Resolution 2023 - : Order Setting a Public Hearing Regarding a Proposed Sewer Improvement for the Town of Ithaca, Tompkins County, New York. Pursuant to Article 12- C of the Town Law. to be known as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility and establishing the Town of Ithaca 2023 Boiler Replacement Sewer Improvement Area Present: Moved: Seconded: WHEREAS, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement at the Ithaca Area Wastewater Treatment Facility (the "Improvement"), to provide such Improvement to the present Town sewer system, such sewer system Improvement to be jointly constructed and jointly owned by the Town of Ithaca, City of Ithaca and Town of Dryden, all of which are co - owners of the Ithaca Area Wastewater Treatment Facility ("IAWWTF"), to serve a benefitted area in said Town to be known as the Town of Ithaca 2023 Phase 3 Boiler Replacement Sewer Improvement Area (the "Sewer Improvement Area"); and WHEREAS, the area of said Town determined to be benefited by said Sewer Improvement Area consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of the Town Clerk, which map is available for inspection by any person or persons interested in same during regular office hours at said office; and Final Final adjusted 1/19 Item 3 WHEREAS, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof; and WHEREAS, the Improvement proposed in connection with the establishment of the 2023 Phase 3 Sewer Improvement Area consists of end of life replacement of circulation pumps, modification to the existing boiler exhaust glue due to code issues, a retrofit intake to bring fresh air to the boilers, an upgrade to the Glycol Feed System, Instrumentation and Electrical Automation, and bonding and engineering costs, at a maximum estimated cost to the Sewer Improvement Area of 40.88% of $330,307 which is $135,029, it being determined that the additional $195,278 of the $330,307 aggregate maximum additional cost shall be apportioned and allocated to the City of Ithaca and Town of Dryden, pursuant to the terms of the December 31, 2003 Joint Sewer Agreement among the Town of Ithaca, City of Ithaca and Town of Dryden; and WHEREAS, said $135,029 maximum estimated cost, which is the cost of the project to be expended by the Town of Ithaca, shall be authorized to be financed by the Town of Ithaca by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, and/or by serial bonds, provided however, grants-in-aid may be received and utilized therefor; and WHEREAS, it is proposed that the cost of the Improvement shall be borne by the real property in said Sewer Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost, and WHEREAS, said maximum estimated cost is not greater than one -tenth of one per centum Final 2 Final adjusted 1/19 Item 3 of the full valuation of the taxable real property in the area of the Town of Ithaca outside of any villages and, therefore, in accordance with the provisions of subdivision 13(a) of Section 209-q of the Town Law, the permission of the State Comptroller is not required for such Improvement and the establishment of said Sewer Improvement Area; and WHEREAS, the Town Board has determined approval, construction and implementation of the Improvement to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQR) for the following reasons: the Improvement involves the purchase of equipment, and the replacement in kind of facilities on the same site; and thus per the SEQR regulations the Improvement will not have a significant adverse impact on the environment, and approval, construction and implementation of the Improvement are not subject to review under SEQR; and WHEREAS, it is now desired to call a public hearing for the purpose of considering said map, plan and report, including estimate of cost, and the providing of the Improvement, and to hear all persons interested in the subject thereof concerning the same, all in accordance with the provisions of Section 209-q of the Town Law; NOW, THEREFORE, BE IT ORDERED, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. A public hearing shall be held by the Town Board of the Town of Ithaca, Tompkins County, New York, 215 North Tioga Street, in Ithaca, New York, in said Town, on February 13, 2023, at 5:30 o'clock P.M., Prevailing Time, to consider the aforesaid map, plan and report, including estimate of cost, and the question of providing the Improvement, and to hear all persons interested in the subject thereof concerning the same and to take such action thereon as is required by law. Final 3 Final adjusted 1/19 Item 3 Section 2. The Town Clerk is hereby authorized and directed to cause a copy of this Order to be published once in the official newspaper, and also to post a copy thereof on the Town signboard maintained by the Town Clerk, not less than ten (10) nor more than twenty (20) days before the day designated for the hearing as aforesaid, all in accordance with the provisions of Section 209-q of the Town Law. Section 3. This Order shall take effect immediately. The question of the adoption of the foregoing Order was duly put to a vote on roll call, which resulted as follows: he resolution was thereupon declared duly adopted. Final 4 Item 4 MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 - : Appointment of temporary Town Justice through December 31, 2023. Whereas Judge Klein retired on December 31, 2022 and the Town Board requested letters of interest for a temporary appointment of a Town Justice until December 31, 2023; and Whereas the Personnel & Organization Committee interviewed two of the four interested individuals; and Whereas Personnel & Organization Committee recommends the appointment of Katherine Bergin for the Town Justice position; now, therefore, be it Resolved that the Town Board hereby approves Katherine Bergin for the temporary appointment as Town Justice for January 30, 2023, through December 31, 2023. Moved: Seconded: Vote: Item 5 MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023-xxx: Authorization to Award Commercial Cleaning Contract for Town Hall and Public Works Facility Whereas, the Town has received 2 proposals for a commercial cleaning contract for the Town Hall and Public Works Facility; and Whereas, the Director of Public Works has reviewed the proposals and is recommending R&M Commercial Cleaning Inc, as the commercial cleaner for both Town Hall and Public Works; and Whereas, R & M Commercial Cleaning Inc, was awarded the previous Commercial Cleaning Contract with the Town of Ithaca and is deemed the lowest bidder of this proposal; now, therefore, be it Resolved, the Town Board hereby awards the commercial cleaning contract to R&M Cleaning effective February 1, 2023; and be it further Resolved, the Town Board authorizes the Town Supervisor to enter into a contract with R&M Cleaning with expenses to be expended from account numbers A1620.442 and A5132.442. Moved: Seconded: Vote Ayes: Abstentions: Item 6 MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 - : Authorization to award and execute agreement for the Town Hall 2023 Hot Water Heater Upgrade Project Whereas on January 17, 2023, the Town of Ithaca Director of Engineering (Director) received proposals for the Town Hall 2023 Hot Water Heater Upgrade Project for the removal and disposal of the existing 40 gallon, natural gas (ng) hot water heater and the installation of a 40 gallon air source heat pump (ASHP) hot water heater and associated work, and Whereas the Flextech Energy Study, dated February 4, 2022 presented the results of an energy use and savings opportunities assessment for the Town Hall Facility, and Whereas the study identified the replacement of the hot water heater at Town Hall with an ASHP hot water heater and the installation of insulation on the hot water piping as energy conservation measures (ECM) 12 and 6, respectively, to reduce the use of fossil fuels and to save energy, and Whereas the Director has reviewed the proposals and has determined that the lowest, qualified contractor's proposal of $7,627.00 for the work was made by Donohue Halverson Plumbing, Heating, and Cooling, 617 W. Seneca St, Ithaca, NY 14850, now therefore be it Resolved that the Town Board authorizes the Town Supervisor to award and execute the agreement for the Town Hall 2023 Hot Water Heater Upgrade Project to Donohue Halverson Plumbing, Heating, and Cooling, and be it further Resolved that the Director is authorized to approve change orders without further authorization from this Board, provided that the maximum amount of such change orders does not exceed $1,000.00 in aggregate and the total project cost, including the contract, engineering, legal and other expenses, does not exceed the maximum authorized cost of the project of $8,627.00, and be it further Resolved the Finance Officer is authorized to amend the 2023 budget and create a new Green Energy Upgrades Project as follows: Budget Amendment Account Description From To Al990.499 Contingent Account 4,220 A9950.900 Transfer to Capital Project 47220 H1-5031/A Transfer from General Fund 47220 H1-2770 Miscellaneous (NYSERDA) 47407 H1-1620.400 Contractual 87627 Moved: Seconded: Vote: Item 7 MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 - XXX: Water & Sewer Benefit Assessment Revision for Various Cemeteries within the Town of Ithaca Whereas, the following cemeteries were assessed water and sewer benefit units on the 2022 Town and County Tax bill; TMP# OWNERS LOCATION Water Units Sewer Units 24.-1-25.23 West Hill Cemetery Assoc. 200 Hayts Rd 2 0 35.-1-20 Town of Ithaca Elmira Rd 2 2 38.-3-9 King Cemetery 360 Stone Quarry Rd 2 0 46.-1-9 South Hill Cemetery Assoc. Coddington Rd 2 0 and, Whereas, a discussion was held at the January 17th Public Works Committee (PWC) meeting regarding the applicability of water and sewer benefit units for cemeteries, and Whereas, the PWC determined that cemeteries are not clearly defined within our Town of Ithaca Water and Sewer Benefit Formula and more discussion should be held regarding applicability of the water and sewer benefit formula for cemeteries with or without water/sewer services, and Whereas, discussion at the PWC was in favor of charging the above referenced cemeteries to zero (0) water and sewer benefit units because it was determined these cemeteries do not have water and/or sewer services, and Whereas, the town water and sewer benefit formula has a provision for the Town Board to vary application of the benefit formula, now therefore be it Resolved, that the Town Board hereby approves and authorizes the revision of water and sewer benefit units, for the above referenced cemeteries, to zero (0) until such time the water and sewer benefit formula can be reviewed and/or revised. Moved: Seconded: Vote: Item 08 MEETING OF THE ITHACA TOWN BOARD January 9, 2023 TB Resolution 2023 - : Designation of Official Delegate and Alternate voting member to the New York State Association of Towns Annual Meeting Whereas, the NYS Association of Towns Annual Meeting is held in New York City and the Town of Ithaca is a member in good standing and eligible to have voting rights at the Annual Meeting, Whereas the Town Board has reviewed the draft resolutions put forth by the NYS Association of Towns, now, therefore be it Resolved that the Town Board have the following comments on the resolutions or supports their adoption as presented, and be it further Resolved, that the Town Board hereby designates Margaret Johnson as the Official Delegate and Rich DePaolo as the Alternate to cast votes on behalf of the Town. Moved: Seconded: Vote: ayes — Item 11 MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 — : Adopt Consent Agenda Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the following Consent Agenda items: a. Approval of Minutes b. Town of Ithaca Abstract c. Appointment of Code Safety Inspector — Torres d. Budget Amendments e. Revised History Center Space Rental Agreement f. Award contract — Monroe Tractor- Midland Road Widener Attachment Model WA Moved: Seconded Vote: ayes — TB Resolution 2023 — : Approve Provisional Appointment of Code Safety Inspector Whereas the Town created a new Code Safety Inspector position for 2023; and Whereas the Interview Committee interviewed six candidates for the position; and Whereas the Committee has determined that Christopher Torres, current Administration Assistant II for the Code Enforcement Department, possess the necessary knowledge and skills to satisfactorily perform the duties of the position; and Whereas Marty Moseley, Director of Code Enforcement, appointed Christopher Torres as Code Safety Inspector, effective January 30, 2023; now, therefore be it Resolved the Town Board of the Town of Ithaca does hereby approve the provisional appointment of Christopher Torres as Code Safety Inspector, effective January 30, 2023; and be it further Resolved the position is at 40 hours per week, at the hourly wage of $31.70, which is an estimated annual salary of $65,936 from B8010.100, in Job Classification "D", with full time benefits; and be it further Resolved, the said appointment is a provisional appointment pending the results from the next civil service exam for this position. TB Resolution 2023 - d: Amendment to the History Center Lease 1 Item 11 Resolved that the Town Board approves an amendment to the Lease Agreement with the History Center for space at Town Hall for an additional 266 sgft, described as 4eh collection area at the current rate of $4.24 sgft. TB Resolution 2023-: Approval of Budget Transfers, Amendments and Modifications for the 2023 Collective Bargaining. Whereas, the Town Finance Officer has reviewed all budgetary personal service accounts and the 2023 Collective Bargaining Agreement, and Whereas, this review disclosed certain budgetary expenditures requiring transfers, amendments or modifications summarized below: General Town -wide Fund Budget Transfers Account Description From To A1910.499 Contingency Account 32,952 AlI10.100 Regular 1,600 A1316.100 Regular 800 A1340.100 Regular 1,400 A1410.100 Regular 5,500 A1430.100 Regular 1,200 A1440.100 Regular 7,500 A1440.110 Student Interns 200 A1460.100 Regular 150 A1620.100 Regular 300 A1620.101 Regular — Highway 55 A1680.100 Regular 1,700 A3120.100 Regular 400 A5132.100 Regular 800 A5132.101 Public Works Dept 660 A7110.100 Regular 1,300 A7110.101 Public Works Dept 5,220 A8020.100 Regular 1,000 A8540.101 Regular 770 A8810.101 Regular 55 A9030.800 Social Security 2,342 General Part -Town Fund Budget Transfers Account Description From To B 1990.499 Contingency 18,677 B8010.100 Regular 11,700 B8020.100 Regular 5,500 B8020.110 Planning Intern 150 2 Item 11 B9030.800 Social Security1,327 Budaet Transfers Account Description From To DA5142.459 Tools & Equipment 2,297 DA5130.100 Regular 1,480 DA5142.100 Regular 3,614 DA9030.800 Social Security 163 Highway Part -Town Fund Budaet Transfer Account Description From To DB5130.451 Vehicle Maintenance & Repairs 16,926 DB5110.100 Regular 5,060 DB5110.101 Deputy Highway Superintendent 3,000 DB5112.100 Regular 690 DB5130.100 Regular 4,443 DB5140.100 Regular 2,530 DB9030.800 Social Security 1,203 Water Fund Budaet Transfers Account Description From To F 1990.499 Contingent Account 5,490 F8310.100 Regular 1,100 F8340.100 Regular 1,000 F8340.101 Labor 3,000 F9030.800 Social Security 390 Sewer Fund Budget Transfers Account Description From To G1990.490 Contingent Account 4,198 G8110.100 Regular 600 G8120.100 Regular 1,100 G8120.101 Regular 2,200 G9030.800 Social Security 298 Now, therefore, be it Resolved, that this Town Board authorizes and directs the Town Finance Officer to record all budget transfers, amendments and modifications, including all other changes deemed appropriate and necessary. 3 Item 11 TB Resolution 2023 - xxx: Approval for the purchase of a Road Widener for the Town of Ithaca Department of Public Works Whereas, the Town of Ithaca Department of Public Works was approved in the 2023 budget to purchase a new road widener, also known as a shoulder machine, to replace the existing 1970's era road widener that has been utilized by the department, and Whereas, an advertisement was publicly posted under the Empire State Purchasing Group, also known as Bidnet Direct, on January 5, 2023, and Whereas, the posting of the specification for a new Midland Road Widener Model WA was closed on January 13th, 2023 with one responsible bidder that met the posted specifications, and Whereas, after reviewing the bid it was determined that Monroe Tractor and Implements with a listed address of 1001 Lehigh Station Road in Henrietta, NY was the low bidder that met the posted specifications with a bid of $130,837.00, now therefore be it Resolved, that the Town Board approves the purchase of a new Midland Model WA Road Widner for the Town of Ithaca Public Works Department M Item I a MEETING OF THE ITHACA TOWN BOARD January 23, 2023 TB Resolution 2023 : SEOR Regarding "A Local Law Amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, Rmardin2 Short - Term Rental Use Regulations Associated With Cooperative Corporations, Trusts, And Operating Permits" Whereas, this action is the proposed enactment of a local law amending Town of Ithaca Town Code Chapter 270, Zoning, Article XXVI, Special Regulations, regarding short-term rental use regulations associated with cooperative corporations, trusts, and operating permits; and Whereas, this is a Type I Action for which the Town of Ithaca Town Board is acting as Lead Agency in an environmental review with respect to the enactment of this local law; and Whereas, the Town Board, at its regular meeting held on January 23, 2023, made a negative determination of environmental significance, after having 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; Resolved, that the Town of Ithaca Town Board hereby reaffirms its 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 1 - Project and Setting Instructions for Completing Part 1 Part 1 is to be completed by the applicant or project sponsor. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information; indicate whether missing information does not exist, or is not reasonably available to the sponsor; and, when possible, generally describe work or studies which would be necessary to update or fully develop that information. Applicants/sponsors must complete all items in Sections A & B. In Sections C, D & E, most items contain an initial question that must be answered either "Yes" or "No". If the answer to the initial question is "Yes", complete the sub -questions that follow. If the answer to the initial question is "No", proceed to the next question. Section F allows the project sponsor to identify and attach any additional information. Section G requires the name and signature of the project sponsor to verify that the information contained in Part lis accurate and complete. A. Project and Sponsor Information. Name of Action or Project: Enactment of a local law amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding Short Term Rental Use Regulations Associated with Cooperative Corporations, Trusts, and Operating Permits Project Location (describe, and attach a general location map): The local law applies town wide. Brief Description of Proposed Action (include purpose or need): The proposed action is an amendment to the Town Code provisions regarding Short -Term Rentals. The amended provisions involve clarifying the applicability section of the law that allows for exemptions for house sitting arrangements and rentals of dwelling units owned by a cooperative corporation. The amendments also include adding clarifying language to the Operating Permits section, related to natural persons and trusts, and establishing a Zoning Board of Appeals (ZBA) special approval process for non -conforming short-term rental uses that meet specific ZBA findings. Name of Applicant/Sponsor: Town of Ithaca Telephone: 607-273-1721 E-Mail: Address: 215 N. Tioga Street City/PO: Ithaca State: NY Zip Code: 14850 Project Contact (if not same as sponsor; give name and title/role): Rod Howe, Town Supervisor Telephone: 607-273-1721 E-Mail: rhowe@town.ithaca.ny.us Address: same as above City/PO: State: Zip Code: Property Owner (if not same as sponsor): Telephone: E-Mail: Address: City/PO: State: Zip Code: Page 1 (of Part 1) B. Government Approvals B. Government Approvals, Funding, or Sponsorship. ("Funding" includes grants, loans, tax relief, and any other forms of financial assistance.) Government Entity If Yes: Identify Agency and Approval(s) Application Date Required (Actual or projected) a. City Council, Town Board, ®Yes❑No Ithaca Town Board Public hearing - December 28, 2022 or Village Board of Trustees b. City, Town or Village ❑Yes®No Planning Board or Commission c. City Council, Town or ❑Yes®No Village Zoning Board of Appeals d. Other local agencies ❑Yes®No e. County agencies ®Yes❑No County Planning Department GML 239-1, -m, -n GML letter received on January 6, 2023 review requirement; no official approval involved. f. Regional agencies ❑Yes®No g. State agencies ❑Yes®No h. Federal agencies ❑Yes®No i. Coastal Resources. i. Is the project site within a Coastal Area, or the waterfront area of a Designated Inland Waterway? OYes E]No ii. Is the project site located in a community with an approved Local Waterfront Revitalization Program? m Yes❑No iii. Is the project site within a Coastal Erosion Hazard Area? ❑ Yes®No C. Planning and Zoning C.1. Planning and zoning actions. Will administrative or legislative adoption, or amendment of aplan, local law, ordinance, rule or regulation be the only approval(s) which must be granted to enable the proposed action to proceed? • If Yes, complete sections C, F and G. • If No, proceed to question C.2 and complete all remaining sections and questions in Part 1 OYes❑No C.2. Adopted land use plans. a. Do any municipally- adopted (city, town, village or county) comprehensive land use plants) include the site where the proposed action would be located? If Yes, does the comprehensive plan include specific recommendations for the site where the proposed action would be located? ®Yes❑No ❑YesmNo b. Is the site of the proposed action within any local or regional special planning district (for example: Greenway Brownfield Opportunity Area (BOA); designated State or Federal heritage area; watershed management plan; or other?) If Yes, identify the plants): Cayuga Lake Watershed Restoration and Protection Plan (2001), Cayuga Lake Scenic Byway, Forest Home Historic District OYesE]No c. Is the proposed action located wholly or partially within an area listed in an adopted municipal open space plan, ®Yes❑No or an adopted municipal farmland protection plan? If Yes, identify the plan(s): Town of Ithaca Agriculture and Farmland Protection Plan (2011), Town of Ithaca Park, Recreation and Open Space Plan (1997). Page 2 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 provisions in the law. b. Is the use permitted or allowed by a special or conditional use permit? Not applicable ❑Yes❑No c. Is a zoning change requested as part of the proposed action? ❑ Yes®No If Yes, i. What is the proposed new zoning for the site? The Town Code is being amended. This action is not targeted to a particular site. 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, Cornell University Campus Safety, Ithaca College Public Safety, NYS Police c. Which fire protection and emergency medical services serve the project site? Ithaca 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. Note: Sections D-E are not required to be completed for this action involving adoption of local laws. 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? ❑ YesO No i. If Yes, what is the approximate percentage of the proposed expansion and identify the units (e.g., acres, miles, housing units, square feet)? % Units: d. Is the proposed action a subdivision, or does it include a subdivision? ❑Yes ❑No If Yes, i. Purpose or type of subdivision? (e.g., residential, industrial, commercial; if mixed, specify types) ii. Is a cluster/conservation layout proposed? ❑Yes E]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 i. If No, anticipated period of construction: months ii. If Yes: • Total number of phases anticipated • Anticipated commencement date of phase 1 (including demolition) month year • Anticipated completion date of final phase month year • Generally describe connections or relationships among phases, including any contingencies where progress of one phase may determine timing or duration of future phases: Page 3 e. Does the project site contain, or is it substantially contiguous to, a building, archaeological site, or district ❑ YesO 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: iii. 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? ❑YesE]No If Yes: i. Describe possible resource(s): ii. Basis for identification: h. Is the project site within fives miles of any officially designated and publicly accessible federal, state, or local ❑Yes ❑No scenic or aesthetic resource? If Yes: i. Identify resource: ii. Nature of, or basis for, designation (e.g., established highway overlook, state or local park, state historic trail or scenic byway, etc.): iii. Distance between project and resource: miles. i. Is the project site located within a designated river corridor under the Wild, Scenic and Recreational Rivers ❑ Yes❑No Program 6 NYCRR 666? If Yes: i. Identify the name of the river and its designation: ii. Is the activity consistent with development restrictions contained in 6NYCRR Part 666? ❑Yes ❑No F. Additional Information Attach any additional information which may be needed to clarify your project. If you have identified any adverse impacts which could be associated with your proposal, please describe those impacts plus any measures which you propose to avoid or minimize them. G. Verification I certify that the information provided is true to the best of my knowledge. Applicant/Sponsor Name Rod Howe Signature Date Title Town Please note that pages 4-12 were not pertinent to this action and were PRINT FORM Page 13 (of Part 1) removed. Full Environmental Assessment Form Part 2 - Identification of Potential Project Impacts Agency Use Only [If applicable] Project : Short -Term Rental Local Law Amendmts Date: 1 /23/23 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 less than 3 feet. E2d ❑ ❑ b. The proposed action may involve construction on slopes of 15% or greater. E2f ❑ ❑ c. The proposed action may involve construction on land where bedrock is exposed, or Eta ❑ ❑ generally within 5 feet of existing ground surface. d. The proposed action may involve the excavation and removal of more than 1,000 tons D2a ❑ ❑ of natural material. e. The proposed action may involve construction that continues for more than one year Dle ❑ ❑ or in multiple phases. f. The proposed action may result in increased erosion, whether from physical D2e, D2q ❑ ❑ disturbance or vegetation removal (including from treatment by herbicides). g. The proposed action is, or may be, located within a Coastal Erosion hazard area. Bli ❑ ❑ h. Other impacts: ❑ ❑ Page 1 of 10 (of Part 2) 2. Impact on Geological Features The proposed action may result in the modification or destruction of, or inhibit access to, any unique or unusual land forms on the site (e.g., cliffs, dunes, ©NO ❑ YES minerals, fossils, caves). (See Part 1. E.2.g) I "Yes ", answer questions a - c. I "No ", move on to Section 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Identify the specific land form(s) attached: Egg ❑ ❑ b. The proposed action may affect or is adjacent to a geological feature listed as a E3c ❑ ❑ registered National Natural Landmark. Specific feature: c. Other impacts: ❑ ❑ 3. Impacts on Surface Water The proposed action may affect one or more wetlands or other surface water ©NO ❑ YES bodies (e.g., streams, rivers, ponds or lakes). (See Part 1. D.2, E.2.h) I "Yes ", answer questions a - 1. I "No ", move on to Section 4. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may create a new water body. D2b, Dlh ❑ ❑ b. The proposed action may result in an increase or decrease of over 10% or more than a D2b ❑ ❑ 10 acre increase or decrease in the surface area of any body of water. c. The proposed action may involve dredging more than 100 cubic yards of material D2a ❑ ❑ from a wetland or water body. d. The proposed action may involve construction within or adjoining a freshwater or E2h ❑ ❑ tidal wetland, or in the bed or banks of any other water body. e. The proposed action may create turbidity in a waterbody, either from upland erosion, D2a, D2h ❑ ❑ runoff or by disturbing bottom sediments. f. The proposed action may include construction of one or more intake(s) for withdrawal D2c ❑ ❑ of water from surface water. g. The proposed action may include construction of one or more outfall(s) for discharge D2d ❑ ❑ of wastewater to surface water(s). h. The proposed action may cause soil erosion, or otherwise create a source of D2e ❑ ❑ stormwater discharge that may lead to siltation or other degradation of receiving water bodies. i. The proposed action may affect the water quality of any water bodies within or E2h ❑ ❑ downstream of the site of the proposed action. j. The proposed action may involve the application of pesticides or herbicides in or D2q, E2h ❑ ❑ around any water body. k. The proposed action may require the construction of new, or expansion of existing, Dla, D2d ❑ ❑ wastewater treatment facilities. Page 2 of 10 (of Part 2) 1. Other impacts: ❑ ❑ 4. Impact on groundwater The proposed action may result in new or additional use of ground water, or ✓❑NO ❑ YES may have the potential to introduce contaminants to ground water or an aquifer. (See Part 1. D.2.a, D.2.c, D.2.d, D.2.p, D.2.q, D.2.t) If "Yes ", answer questions a - h. If "No ", move on to Section 5. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may require new water supply wells, or create additional demand D2c ❑ ❑ on supplies from existing water supply wells. b. Water supply demand from the proposed action may exceed safe and sustainable D2c ❑ ❑ withdrawal capacity rate of the local supply or aquifer. Cite Source: c. The proposed action may allow or result in residential uses in areas without water and Dla, D2c ❑ ❑ sewer services. d. The proposed action may include or require wastewater discharged to groundwater. D2d, E21 e. The proposed action may result in the construction of water supply wells in locations 132c, Elf, ❑ ❑ where groundwater is, or is suspected to be, contaminated. Elg, Elh f. The proposed action may require the bulk storage of petroleum or chemical products D2p, E21 ❑ ❑ over ground water or an aquifer. g. The proposed action may involve the commercial application of pesticides within 100 E2h, D2q, ❑ ❑ feet of potable drinking water or irrigation sources. E21, D2c h. Other impacts: ❑ ❑ 5. Impact on Flooding The proposed action may result in development on lands subject to flooding. ✓❑ NO ❑ YES (See Part 1. E.2) I "Yes ", answer questions a - g. I "No ", move on to Section 6. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in development in a designated floodway. Eli ❑ ❑ b. The proposed action may result in development within a 100 year floodplain. E2j ❑ ❑ c. The proposed action may result in development within a 500 year floodplain. E2k ❑ ❑ d. The proposed action may result in, or require, modification of existing drainage D2b, D2e ❑ ❑ patterns. e. The proposed action may change flood water flows that contribute to flooding. D2b, E2i, ❑ ❑ E2', E2k f. If there is a dam located on the site of the proposed action, is the dam in need of repair, Ele ❑ ❑ or upgrade? Page 3 of 10 (of Part 2) g. Other impacts: 6. Impacts on Air 6. Impacts on Air The proposed action may include a state regulated air emission source. ✓�NO YES (See Part 1. D.2.f., 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. f. Other impacts: ❑ ❑ 7. Impact on Plants and Animals The proposed action may result in a loss of flora or fauna. (See Part 1. E.2. m.-q.) RV NO RYES I "Yes ", answer questions a -J. I "No ", move on to Section 8. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may cause reduction in population or loss of individuals of any Ego ❑ ❑ threatened or endangered species, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. b. The proposed action may result in a reduction or degradation of any habitat used by E2o ❑ ❑ any rare, threatened or endangered species, as listed by New York State or the federal government. c. The proposed action may cause reduction in population, or loss of individuals, of any E2p ❑ ❑ species of special concern or conservation need, as listed by New York State or the Federal government, that use the site, or are found on, over, or near the site. d. The proposed action may result in a reduction or degradation of any habitat used by E2p ❑ ❑ any species of special concern and conservation need, as listed by New York State or the Federal government. Page 4 of 10 (of Part 2) e. The proposed action may diminish the capacity of a registered National Natural Landmark to support the biological community it was established to protect. E3c ❑ ❑ f. The proposed action may result in the removal of, or ground disturbance in, any portion of a designated significant natural community. Source: E2n ❑ ❑ g. The proposed action may substantially interfere with nesting/breeding, foraging, or over -wintering habitat for the predominant species that occupy or use the project site. Elm ❑ ❑ h. The proposed action requires the conversion of more than 10 acres of forest, grassland or any other regionally or locally important habitat. Habitat type & information source: Elb ❑ ❑ i. Proposed action (commercial, industrial or recreational projects, only) involves use of herbicides or pesticides. D2q ❑ ❑ j. Other impacts: ❑ ❑ 8. Impact on Agricultural Resources The proposed action may impact agricultural resources. (See Part 1. E.3.a. and b.) ❑✓ NO ❑YES I "Yes ", answer questions a - h. I "No ", move on to Section 9. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may impact soil classified within soil group 1 through 4 of the Etc, E3b ❑ ❑ NYS Land Classification System. b. The proposed action may sever, cross or otherwise limit access to agricultural land Ela, Elb ❑ ❑ (includes cropland, hayfields, pasture, vineyard, orchard, etc). c. The proposed action may result in the excavation or compaction of the soil profile of E3b ❑ ❑ active agricultural land. d. The proposed action may irreversibly convert agricultural land to non-agricultural Elb, E3a ❑ ❑ uses, either more than 2.5 acres if located in an Agricultural District, or more than 10 acres if not within an Agricultural District. e. The proposed action may disrupt or prevent installation of an agricultural land El a, Elb ❑ ❑ management system. f. The proposed action may result, directly or indirectly, in increased development C2c, C3, ❑ ❑ potential or pressure on farmland. D2c, D2d g. The proposed project is not consistent with the adopted municipal Farmland C2c ❑ ❑ Protection Plan. h. Other impacts: ❑ ❑ Page 5 of 10 (of Part 2) 9. Impact on Aesthetic Resources The land use of the proposed action are obviously different from, or are in ❑✓ NO ❑YES sharp contrast to, current land use patterns between the proposed project and a scenic or aesthetic resource. (Part 1. E. La, E. Lb, E.31.) I "Yes ", answer questions a - g. I "No ", go to Section 10. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Proposed action may be visible from any officially designated federal, state, or local E3h ❑ ❑ scenic or aesthetic resource. b. The proposed action may result in the obstruction, elimination or significant E3h, C2b ❑ ❑ screening of one or more officially designated scenic views. c. The proposed action may be visible from publicly accessible vantage points: E3h i. Seasonally (e.g., screened by summer foliage, but visible during other seasons) ❑ ❑ ii. Year round ❑ ❑ d. The situation or activity in which viewers are engaged while viewing the proposed E3h action is: E2q, i. Routine travel by residents, including travel to and from work ❑ ❑ ii. Recreational or tourism based activities Elc ❑ ❑ e. The proposed action may cause a diminishment of the public enjoyment and E3h ❑ ❑ appreciation of the designated aesthetic resource. f. There are similar projects visible within the following distance of the proposed Dla, Ela, ❑ ❑ project: Dlf, Dlg 0-1/2 mile 1/2 -3 mile 3-5 mile 5+ mile g. Other impacts: ❑ ❑ 10. Impact on Historic and Archeological Resources The proposed action may occur in or adjacent to a historic or archaeological �✓ NO YES resource. (Part 1. E.3.e, f. and g.) If "Yes", answer questions a - e. If "No", go to Section IL 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 E3e, E3g, ❑ ❑ of the site or property. E3f ii. The proposed action may result in the alteration of the property's setting or E3e, E3f, ❑ ❑ integrity. E3g, Ela, Elb iii. The proposed action may result in the introduction of visual elements which are out of character with the site or property, or may alter its setting. E3e, E3f, E3g, E3h, ❑ ❑ C2, C3 11. Impact on Open Space and Recreation The proposed action may result in a loss of recreational opportunities or a WINO ❑ YES reduction of an open space resource as designated in any adopted municipal open space plan. (See Part 1. C.2.c, E.l.c., E.2.q.) I "Yes ", answer questions a - e. I "No ", go to Section 12. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in an impairment of natural functions, or "ecosystem D2e, Elb ❑ ❑ services", provided by an undeveloped area, including but not limited to stormwater E2h, storage, nutrient cycling, wildlife habitat. Elm, Ego, E2n, E2p b. The proposed action may result in the loss of a current or future recreational resource. C2a, Elc, ❑ ❑ C2c, E2q c. The proposed action may eliminate open space or recreational resource in an area C2a, C2c ❑ ❑ with few such resources. Elc, E2q d. The proposed action may result in loss of an area now used informally by the C2c, Elc ❑ ❑ community as an open space resource. e. Other impacts: ❑ ❑ 12. Impact on Critical Environmental Areas The proposed action may be located within or adjacent to a critical ✓] NO —]YES environmental area (CEA). (See Part 1. E.3.d) I "Yes ", answer questions a - c. ff "No ", go to Section 13. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may result in a reduction in the quantity of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. b. The proposed action may result in a reduction in the quality of the resource or E3d ❑ ❑ characteristic which was the basis for designation of the CEA. c. Other impacts: ❑ ❑ Page 7 of 10 (of Part 2) 13. Impact on Transportation The proposed action may result in a change to existing transportation systems. Z✓ NO FYES (See Part 1. D.2.j) I "Yes ", answer questions a -,f I "No ", go to Section 14. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. Projected traffic increase may exceed capacity of existing road network. D2j ❑ ❑ b. The proposed action may result in the construction of paved parking area for 500 or D2j ❑ ❑ more vehicles. c. The proposed action will degrade existing transit access. D2j ❑ ❑ d. The proposed action will degrade existing pedestrian or bicycle accommodations. D2j ❑ ❑ e. The proposed action may alter the present pattern of movement of people or goods. D2j ❑ ❑ f. Other impacts: ❑ ❑ 14. Impact on Energy The proposed action may cause an increase in the use of any form of energy. QNO YES (See Part 1. D.21) I "Yes ", answer questions a - e. I "No ", go to Section 15. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action will require a new, or an upgrade to an existing, substation. D2k ❑ ❑ b. The proposed action will require the creation or extension of an energy transmission Dlf, ❑ ❑ or supply system to serve more than 50 single or two-family residences or to serve a Dlq, D2k commercial or industrial use. c. The proposed action may utilize more than 2,500 MWhrs per year of electricity. D2k ❑ ❑ d. The proposed action may involve heating and/or cooling of more than 100,000 square Dlg ❑ ❑ feet of building area when completed. e. Other Impacts: 15. Impact on Noise, Odor, and Light The proposed action may result in an increase in noise, odors, or outdoor lighting. Q✓ NO YES (See Part 1. D.2.m., n., and o.) If "Yes ", answer questions a - f. If "No ", go to Section 16. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may produce sound above noise levels established by local D2m ❑ ❑ regulation. b. The proposed action may result in blasting within 1,500 feet of any residence, D2m, Eld ❑ ❑ hospital, school, licensed day care center, or nursing home. c. The proposed action may result in routine odors for more than one hour per day. D2o ❑ ❑ Page 8 of 10 d. The proposed action may result in light shining onto adjoining properties. D2n ❑ ❑ e. The proposed action may result in lighting creating sky -glow brighter than existing area conditions. D2n, Ela ❑ ❑ f. Other impacts: ❑ ❑ 16. Impact on Human Health The proposed action may have an impact on human health from exposure FV NO YES to new or existing sources of contaminants. (See Part 1.D.2.q., E.1. d. f. g. and h.) I "Yes ", answer questions a - m. I "No ", go to Section 17. Relevant No,or Moderate Part I small to large Question(s) impact impact may may cccur occur a. The proposed action is located within 1500 feet of a school, hospital, licensed day Eld ❑ ❑ care center, group home, nursing home or retirement community. b. The site of the proposed action is currently undergoing remediation. Elg, Elh ❑ ❑ c. There is a completed emergency spill remediation, or a completed environmental site Elg, Elh ❑ ❑ remediation on, or adjacent to, the site of the proposed action. d. The site of the action is subject to an institutional control limiting the use of the Elg, Elh ❑ ❑ property (e.g., easement or deed restriction). e. The proposed action may affect institutional control measures that were put in place Elg, Elh ❑ ❑ to ensure that the site remains protective of the environment and human health. f. The proposed action has adequate control measures in place to ensure that future D2t ❑ ❑ generation, treatment and/or disposal of hazardous wastes will be protective of the environment and human health. g. The proposed action involves construction or modification of a solid waste D2q, Elf ❑ ❑ management facility. h. The proposed action may result in the unearthing of solid or hazardous waste. D2q, Elf ❑ ❑ i. The proposed action may result in an increase in the rate of disposal, or processing, of D2r, D2s ❑ ❑ solid waste. j. The proposed action may result in excavation or other disturbance within 2000 feet of Elf, Elg ❑ ❑ a site used for the disposal of solid or hazardous waste. Elh k. The proposed action may result in the migration of explosive gases from a landfill Elf, Elg ❑ ❑ site to adjacent off site structures. 1. The proposed action may result in the release of contaminated leachate from the D2s, Elf, ❑ ❑ project site. D2r in. Other impacts: Page 9 of 10 (of Part 2) 17. Consistency with Community Plans The proposed action is not consistent with adopted land use plans. FV NO YES (See Part 1. CA, C.2. and C.3.) If "Yes ", answer questions a - h. If "No ", go to Section 18. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action's land use components may be different from, or in sharp C2, C3, Dla ❑ ❑ contrast to, current surrounding land use pattem(s). Ela, Elb b. The proposed action will cause the permanent population of the city, town or village C2 ❑ ❑ in which the project is located to grow by more than 5%. c. The proposed action is inconsistent with local land use plans or zoning regulations. C2, C2, C3 ❑ ❑ d. The proposed action is inconsistent with any County plans, or other regional land use C2, C2 ❑ ❑ plans. e. The proposed action may cause a change in the density of development that is not C3, Dlc, ❑ ❑ supported by existing infrastructure or is distant from existing infrastructure. Dld, Dlf, Dld, Elb f. The proposed action is located in an area characterized by low density development C4, 132c, D2d ❑ ❑ that will require new or expanded public infrastructure. D2j g. The proposed action may induce secondary development impacts (e.g., residential or C2a ❑ ❑ commercial development not included in the proposed action) h.Other: ❑ ❑ 18. Consistency with Community Character The proposed project is inconsistent with the existing community character. R]NO YES (See Part 1. C.2, C.3, D.2, E.3) I "Yes ", answer questions a - g. I "No ", proceed to Part 3. Relevant No, or Moderate Part I small to large Question(s) impact impact may may occur occur a. The proposed action may replace or eliminate existing facilities, structures, or areas E3e, E3f, E3g ❑ ❑ of historic importance to the community. b. The proposed action may create a demand for additional community services (e.g. C4 ❑ ❑ schools, police and fire) c. The proposed action may displace affordable or low-income housing in an area where C2, C3, Dlf ❑ ❑ there is a shortage of such housing. D 1 g, E t a d. The proposed action may interfere with the use or enjoyment of officially recognized C2, E3 ❑ ❑ or designated public resources. e. The proposed action is inconsistent with the predominant architectural scale and C2, C3 ❑ ❑ character. f. Proposed action is inconsistent with the character of the existing natural landscape. C2, C3 ❑ ❑ Ela, Elb E2 , E2h g. Other impacts: The proposed local laws will preserve neighborhood and ❑ ❑ community character by establishing limitations to STRs and parameters in whicl operated- STRs can be I PRINT FULL FORM I Page 10 of 10 (of Part 2) Use Project: (Short -Term Rental Local Law Amendmts Date: 1 /23/23 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 proposal involves a Local Law Amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding Short -Term Rental Regulations. The amendments involve clarifying the applicability section of the regulations, with principle residence requirements for owners and proprietary lease holders associated with cooperatives and language related to house sitters. The amendments also include adding clarifying language to the Operating Permits section and establishing procedures for a Zoning Board of Appeals (ZBA) special approval process for non -conforming short-term rental uses that meet specific ZBA findings. The proposed amendments are procedural and will have no impact on environmental characteristics such as slopes, wetlands, critical environmental areas, streams, traffic, threatened or endangered plant or animal species, or sensitive historic or archaeological sites. Given the analysis above, the proposed action will not result in significant adverse environmental impacts. Determination of Significance - Type 1 and Unlisted Actions SEQR Status: ✓❑ Type 1 ❑ Unlisted Identify portions of EAF completed for this Project: 0 Part 1 0 Part 2 Q✓ Part 3 Upon review of the information recorded on this EAF, as noted, plus this additional support information A Local Law Amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding Short Term Rental Use Regulations Associated with Cooperative Corporations, Trusts, and Operating Permits. and considering both the magnitude and importance of each identified potential impact, it is the conclusion of the Town of Ithaca Town Board as lead agency that: Q✓ A. This project will result in no significant adverse impacts on the environment, and, therefore, an environmental impact statement need not be prepared. Accordingly, this negative declaration is issued. B. Although this project could have a significant adverse impact on the environment, that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will, therefore, be no significant adverse impacts from the project as conditioned, and, therefore, this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions (see 6 NYCRR 617.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: Enactment of A Local Law Amending Town Code Chapter 270, Zoning, Article XXVI, Special Reguations, Regarding Short Term Rental Use Regulations Associated with Cooperative Corporations, Trusts, and Operating Permits. Name of Lead Agency: Town of Ithaca Name of Responsible Officer in Lead Agency: Rod Howe Title of Responsible Officer: Town Supervisor Signature of Responsible Officer in Lead Agency: Date: Signature of Preparer (if different from Responsible Officer) Christine Balestra Date: 1 /11 /23 For Further Information: Contact Person: Christine Balestra Address: 215 N. Tioga Street Telephone Number:607-273-1721, ext. 121 E-mail: cbalestra@town.ithaca.ny.us For Type 1 Actions and Conditioned Negative Declarations, a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located (e.g., Town / City / Village of) Other involved agencies (if any) Applicant (if any) Environmental Notice Bulletin: http://www.dec.ny.gov/enb/enb.html PRINT FULL FORM Page 2 of Part 3 Item 2b § 270-219.7. Short-term rental uses. A. Purpose and legislative intent. (1) The purpose of this section is to establish appropriate regulations for short- term rental uses in the Town. While the Town recognizes that some property owners wish to rent to others on a short-term basis all or part of dwelling units they own, the Town also recognizes that it has an obligation to protect the public health, safety and welfare and minimize the adverse effects of such short-term rental uses. (2) By enacting this section, the Town intends to: (a) Protect the health, safety and welfare of the community and of persons occupying short-term rentals; (b) Prevent to the greatest extent practicable public safety risks and other impacts, including, but not limited to, increased noise, trash, traffic, and parking impacts associated with short-term rental uses; (c) Protect neighborhood character and minimize the impact of short-term rental uses on neighbors and residential properties; (d) Protect property values of the community; (e) Protect housing affordability within the community for long-term residents, whether owners or renters; (f) Assist homeowners to stay in their homes by allowing some short-term rental use of their homes to generate income to defray their cost of homeownership; (g) Enable property owners to provide lodging for visitors to the Town during periods of peak visitor and tourist demand, such as university and college graduation weekends and holiday weekends; and (h) Promote the efficient use of housing stock. 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C. Except as prohibited by the New York Multiple Dwelling Law, a short-term rental use is permitted, subject to this section's provisions, in a principal dwelling unit or an accessory dwelling unit in all zoning districts that allow a short-term rental use as a permitted accessory use. D. (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, in another dwelling unit on the salve 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). No other owner(s), collectively or individually, shall own a larger percentage of the tax parcel(s) than the owner- occupant(s) who reside in the principal residence for a minimum of 185 days per year. (2) An owner may obtain up to two operating permits at any one time from the Town for dwelling units used for short-term rental uses, with no more than one of the two permits being for an unhosted short-term rental use. E. Provisions applicable to hosted and unhosted short-term rental uses. The following requirements apply to both hosted and unhosted short-term rental uses: Formatted: Right, Indent: Left: 0.75", No bullets or Formatted: Highlight (1) Operating permit required. (a) 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. (j?j_ ?wne,rs eligible to receive shunt. -term rental operating permits must be either: (b) 6a..). ncrt,Un l Iwr sons (del'med for I-)nnposcs of this § 270-219.7 as living hurnan beings), or 6a.a.)trno t Nynn trrast:s a+ty Irl�p➢i< rF l ; p ifla-"'fl rr r<ic nor af*l OINT` er h4r - fe"q rifeirterrt' -sway FN--iff a4ied-al intsts that or e I tl➢ ol'.th bar➢lrr.waq .g cnrtcrra. the dwelling tlnit is (be pnincil-nd residence ol`<rt ➢.east orre nal.nral Iwrson who is I trust;. grantor, a. trustee,, or a beneficiary oNhe trust that owns the dwelGing unit, and sa.sd Isnst.. xn�a, ntor" trustee or 'beneficiary resides in the dwelGing unit for a mininluill of 185 days Iwr year. (c) Owners of dwelling units used or offered for short-term rental uses as of April 1, 2022, must apply by July 1, 2022, for operating permits. Owners of dwelling units that are not used or offered for short-term rental uses as of April 1, 2022, but that are subsequently used or offered for short-term rental uses, must apply for operating permits prior to such use or offer for a short-term rental use. After an operating permit is obtained, it must be maintained throughout the period that such unit is used or offered for a short-term rental use. (d) The Code Enforcement Department shall issue an operating permit upon verification by inspection that the items listed in Subsection E(1)(a)[1] through [13] below meet the requirements of the applicable New York State Uniform Fire Prevention and Building Code and the items listed in Subsection E(1)(d)[14] and [15] below meet the requirements of the Town of Ithaca Code: (1) 911 address number properly posted (with each unit posted); (2) Exterior structure in good repair (3) Entrances, access areas, parking spaces and similar areas in good repair; (4) Receptacles for proper storage of garbage (5) Compliant pools and decks (if present); (6) Working smoke and carbon monoxide detectors; Formatted: Font color: Blue Formatted: Right, Indent: Left: I", No bullets or (7) Interior structure in good repair; (8) Fire separation (where required); (9) Electrical, plumbing and heating in good repair; (10) Appliances in good repair (if supplied by landlord); (11) Proper Light and ventilation; (12) Proper room sizes; (13) Proper egress doors or windows; (14) Compliant off-street parking, per § 270-227 and this section; (15) Exterior property areas do not violate Town of Ithaca Code Chapter 205 (Property Maintenance) (e) A Code Enforcement Officer shall seek a search warrant from a court of competent jurisdiction whenever the owner, managing agent or occupant fails to allow inspections of any premises believed to be subject to this section and where there is a reasonable cause to believe that there is a violation of this section, Town of Ithaca Code Chapter 205 (Property Maintenance), or the New York State Uniform Fire Prevention and Building Code. (f) Failure of an owner of any unit that is required to have an operating permit to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, or to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for short-term rental use, shall be deemed a violation of this section. (g) Over -occupancy. Verified over -occupancy shall constitute a violation of the operating permit. (2) Additional hosted and unhosted short-term rental use requirements. (a) The following provisions in this Subsection E(2)(a) apply in all zones where short-term rental uses are allowed, except in the Lakefront Residential Zone. The owner of any unit used for a short-term rental use shall provide enough driveway parking spaces on the parcel containing such unit so that all vehicles belonging to the short-term renters are parked on -site. Such vehicles may not park on the street. (b) The following provisions in this Subsection E(2)(b) apply in all zones where short-term rental uses are allowed, except in the Lakefront Residential Zone. No unit except aprincipal residence with a hosted short- term rental shall be subject to more than one short-term rental agreement at any one time. If the owner offers more than one unit on a parcel and/or adjacent parcel, only one unit may be rented as a short-term rental use at any one time. (c) No unit used for a short-term rental use shall be rented for the accommodation of more individuals than two times the number of legal bedrooms in such unit. (d) All units used for short-term rental uses shall have prominently posted in all bedrooms in such unit a copy of the valid operating permit for such unit and a notice in a form approved by the Code Enforcement Department containing safety and legal compliance information including, but not limited to, the following: location of the nearest exit in case of a fire; limitations contained in the Town's laws regarding short- term rental uses and noise; and cell phone numbers of the owner and any manager, if there is one. (e) Collection of rental information and actions to address complaints. (1) Every time an owner rents a unit for an unhosted short-term rental use, prior to the beginning of the rental stay, the owner shall notify the Code Enforcement Department of the dates of the rental agreement by electronic methods established by such Department. (2) Local contact person. Owners shall provide the Code Enforcement Department, all short-term renters, and all occupants of adjacent properties with the name and contact information of a local individual who shall be available 24 hours per day, seven days per week, during the term of the unhosted stay. Once this notification is given to the Code Enforcement Department and adjacent property occupants, it does not need to be given to them again until the name and/or contact information changes. The owner or designated local contact person shall: (a) Respond on -site within 60 minutes to complaints regarding a condition or operation of the short-term rental use or the conduct of the renters; and (b) Take remedial action to resolve any and all complaints. F. Limitations on number of days allowed for short-term rental use. (1) Hosted short-term rental uses. There is no limit on the number of days per year that a dwelling unit may be used for a hosted short-term rental use. (2) Unhosted short-term rental uses. (a) Unless allowed a greater number of days below, no unit shall be used for an unhosted short-term rental use for more than 29 days in any calendar year in the Conservation, Agricultural, Low Density Residential, Medium Density Residential and High Density Residential Zones. This limitation of 29 days shall not apply to any written rental agreement that existed as of July 1, 2022, provided that the rental concludes by September 30, 2022. For the purposes of this § 270-219.7, each of the following shall count as one day: 1. A rental of 24 hours. 2. A rental of less than 24 hours that includes an overnight stay. 3. A rental of less than 24 hours that does not include an overnight stay. (b) An owner of a unit that satisfies at least one of the following criteria may rent such unit for unhosted short-term rental uses for up to 90 days in the aggregate in any calendar year: 1. A unit that is (a) located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is larger than three acres, and (b) located more than 40 feet from the side property lines. 2. A unit that is located in a Conservation, Agricultural, Low Density Residential or Medium Density Residential Zone on a parcel that is not adjacent to any parcels that contain a dwelling. (c) No unit shall be used for an unhosted short-term rental use for more than 245 days in any calendar year in the Lakefront Residential Zone. This limitation of 245 days shall not apply to any written rental agreement that existed as of July 1, 2022, provided that the rental concludes by September 30, 2022. For the purposes of this § 270-219.7, each of the following shall count as one day: 1. A rental of 24 hours. 2. A rental of less than 24 hours that includes an overnight stay. 3. A rental of less than 24 hours that does not include an overnight stay. G. Termination of certain legal nonconforming uses after amortization. (1) 1 xaop;..., irrovi(Awd bdow, Tthe Zoning Board of Appeals may grant special approval for a short-term rental use subject to termination or a limitation on days under this § 270-219.7 to continue for a stated period of time after the termination or limitation takes effect, provided that the owner applies to the Zoning Board of Appeals by October 1, 2022, for such special approval, and further provided that the Zoning Board of Appeals finds that: (a) The owner demonstrates that the short-term rental use is a legal nonconforming use; and (b) The owner demonstrates through competent dollars -and -cents proof that prior to April 1, 2022, they made substantial financial expenditures unique to the short- term rental use; and (c) The owner provides documentation of their total receipts from short-term rentals and expected revenue through the date of termination or limitation; and (d) The owner demonstrates that they have not recovered substantially all of the financial expenditures related to the short-term rental use; and (e) The owner demonstrates that they cannot obtain a reasonable return on their investment unique to the short-term rental use if the property is used for any other purpose permitted within the zoning district, and that the lack of a reasonable return is due solely to the termination or limitation on short-tenn rental days and not other market forces; and (f) The extension period granted by the Zoning Board of Appeals is the minimum extension period necessary to mitigate the demonstrated loss of a reasonable return. (2)_The criteria for granting such special approval shall be as set forth above rather than the normal criteria in Article XXIV for granting a special approval. Formatted: Right, Indent: Left: 0.75", No bullets or l err t snor lle nn rentUSC ¢n Vll Was pre".V-Usly a110-00 rky O 4 74 �,1np7e urerrn ll:nVs�� L !1B-� —'� Formatted: Font color: Blue ... .... i p 6� l to 1pra1 is stl p4 C -tC) 9crrnl➢r UtOC)V7 oll 4�rlp 1, 2� pVlr'stlan9 to tmcndmems t6 {Formatted: Font color: Blue. Highlight tens � 70 p 9 % that bec_o➢ne el'l(cl.ive 011_A,-riri1 1,02 the L-AIJng card of°A�Y'9,� eats �. Formatted: Font color: Blue ... ... "'mmanv ep fcra such shod.. -torn rent el tise.to confimte, for a stated Per or tome: af1err Sete tealn nnation to➢ties e f lc c t p�rcrvldecl,...t t1 the ._owner ppslrlocs tca..... the r`eDJU p3ea!d er4 pslroals b.y�M y 15 �023..,.....fc)u stich special upp7rov.td tar<9:..... 6tlrthe.r...p rcrvud cl that ti.rc ✓ ernu.11 Berard of App paw s 6lnds...thnl;;. (a T'he c) ner demonstrates tllal the shcrrl-1e:rm rental uAse rs t le �; 1 rcrnccpnlcralnpng..., use, and O ".1'ler cry rter doorons1rates tptrcrn pt corr pscten.p;...dol ers .and Cents.ptroo .N..0 mh' ll...:!Q.. A,psrr) p, 2. 0. 3, 1ha m lcle srpbsl rnInt;l Ern tnc r,.prG exlm diwrc;s tlnicgue to the Short- .. terra re ntd tlsra; Lr.pa,d {t,) ".1'ler a)v rt r lrrcrviefe c8eredAu on9a9ion crf°1hrcir total reaeip)t Cron-t shor teem renlal.s.... and cx,pec'ted revenue 1hrottt,h the date crl tawn.anrn ttrca:a. rntd_ (d) .[he owner ..denaernsp;r r1es 1pr,trt 1h y prrr,vc nert r e)verecfl:...srolrs1 traIi lily all or the f'i.r me i tl._e.wenchairers related to the short-term rental nseand le) °l'he owner 1:hat'hey obi. In a reasonable return oya...their .., rave stlne>nt nnrnla ter the, short-lerrm rerr1al ttsc ll 1pt prc)lrcHAI is used kcrr arty cy.ghc r lrtlrp7crsc lrc rznrtled v.i9,hrar 9he.r,c)nati ; d.rstraCt, and that th p rcp< ol.".. 6... re;tsontNe reltim is (9.e se�:( ly 1er the lennrnation on short- enn rcr1:�r.1..d y rytcl... noothern tr<t lbrces and (0 ° ho exterlsicrn lrcriod xranted pry th ✓,a)rrn Berard ol"�'4p7p� ^als is the n-tirorintin-t c.xtensronp7e;rjod necessary ...nrareasonable Qt44:.... re:9 nrn. ( '1 i l c, eritoria [or t*rar9in slrca uap a.p�p rtrval lydArstlar19:9c `3tlirsec9xern C1(3� ahtrvc skra➢I e as Set l'orth an,.Subsc etocyn Ci(3) n)rervc r,ghte r than..the normal Crate tia in Arrli(Ie XX.gV.. lot..... gnjWrarc; r spre cta) tpr rrcp w d — Formatted: Right, Indent: Left: 0.75', No bullets or numbering Owners of dwe7ltn , unity 9h I➢: wereprevltD4V i �i chat fro nt 91➢ sse d on and receye, -- Formatted: Justified, Indent: Left. 0.63", Space Before: 9 special V If(wa putSa,t Int IQ �7tt�kywion (13) move n-wsl J. �I ror an Qbp4a t1i.n� � pt, Tab stops: Not at I" p7C.fV'u7ll.t9ye�Y1lttn l IVY" (."J d ➢y°, 4➢1'V.kllt. pL ➢n�...fyl yp4 a,Ia,... ➢ts re7vaG l]�')6bn t�'I �, Yalb't_o1 �frtiw+�"fnl Formatted: Font color: Blue, Highlight ..... ..... ...� aprrovalz all_2amovr ions of tl7l__ 70.2_tle� / apply du dri th du.a➢_sit➢d)rfl_6bd`t17� � aeC_lal ,J ')Il'6;bVJi, �.x4 ,1')t dillt.t C'iDwn tYI J.}� �*ran➢'n o )cl"QS970.7f° l'I�alYl o: 1QD °,nt 11 owner V7 t. V" V4 V7 911 a)ttglt -Formatted: Font color: Blue It Y4 Y"tol V V7 flair Il ....l'9�"rson or trust. ........ ......... Formatted: Right, Indent: Left: 0.75", No bullets or numbering H. Order to remedy; operating permit suspension and revocation. (1) Whenever the Code Enforcement Officer finds that there has been a violation of this section, the Code Enforcement Officer is authorized to order in writing the remedying of any condition or activity in violation of this section. (2) An order to remedy shall be in writing; identify the property or premises; specify the condition or activity that violates this section; shall specify the provisions of this section which are violated by the specified condition or activity; shall include a statement that the violations must be corrected within 30 days after the date of the order to remedy; may direct the person served with the order to begin to remedy the violations) immediately or within some other stated period of time that can be less than 30 days after the date of the order; direct that compliance be achieved within the specified period of time; and shall state that an action or proceeding to compel compliance and/or seek penalties, fines and/or imprisonment may be instituted if compliance is not achieved within the specified period of time. (3) The order to remedy, or a copy thereof, may be served within five days after the date of the order to remedy by personal service, by mailing by registered or certified mail sent to the address set forth in the application for any permit submitted to the Town or to the property address, or by posting a copy thereof on the premises that are the subject of the order to remedy and mailing a copy, enclosed in a prepaid wrapper, addressed to the last known address of the owner as set forth in the Town of Ithaca records, or if none, in the most recent tax roll available to the Town of Ithaca. (4) In case the owner, operator, or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the order to remedy, a request to take appropriate legal action may be made to the Attorney for the Town of Ithaca, and/or the Code Enforcement Officer may initiate the process to suspend or revoke an operating permit, if the suspension/ revocation process has not already been instituted. (5) Suspension and revocation of operating permit. (a) An operating permit maybe suspended or revoked pursuant to Town of Ithaca Code Chapter 125 (Building Construction and Fire Prevention), § 125-8. In addition to the reasons for suspension and revocation in that section, an operating permit may be suspended or revoked if the owner of a dwelling unit used or offered for short- term rental use fails to apply for an operating permit in a timely manner, to obtain an operating permit after inspection, to maintain a valid operating permit after it is granted throughout the period that such unit is used or offered for a short-term rental use, or to otherwise comply with this section. (b) To initiate the process to suspend or revoke an operating permit, the Code Enforcement Officer shall issue a notice of intent to suspend or revoke the operating permit. The notice of intent to suspend or revoke shall describe the violation and require the operating permit holder to immediately correct the violation or cause the violation to be corrected. (c) The notice of intent shall be provided to the operating permit holder by personal service, by registered or certified mail to the address submitted with the permit application, or by posting on the premises at issue. (d) If the operating permit holder fails to immediately correct the violation or cause the violation to be corrected, the Code Enforcement Officer shall suspend or revoke the permit. (e) An operating permit holder shall be entitled to request a hearing on suspension or revocation before the Town Board, upon application made to the Town Clerk demonstrating that the operating permit holder was not in violation. Such hearing shall be requested, in writing, with the request addressed to and received by the Town Clerk within five business days of the permit holder's receipt of the notice of intent or of posting, whichever occurs earlier. Any suspension or revocation remains in effect unless modified by the Town Board. Within 30 days of the permit holder's written request, the Town Board shall hold a hearing to determine whether to reverse the suspension or revocation. The Town Board shall issue its written decision within 15 days after the hearing. (f) The owner of a dwelling unit for which a short-term rental operating permit has been revoked for the first time may not reapply for a new operating permit until one year after such revocation. (g) The owner of a dwelling unit for which a short-term rental operating permit has been revoked at least once before may not reapply for a new operating permit until five years after such revocation. -Fo Q) C) C) M U -0 -F U 4A Q) o C M 4) , 0 Q) 0 u u 4) u -0 Q) 0 Q) m u " -0 0 0 m CLO 00 (A O m r�4 E NO 0 M Q) m z u N 0 U = m m 0) a C oiS 0 E co Z; m U M O 0 Z _4 b 0 q q0 Ln m P-4� 0 LD r, m r4 N cy� qji {j}0 0 0 0 0 Ui ryi O rn m E O 0 0 0 0 6 C; IH 0 0) Lj- 0 0 0 0 C5f'4 C3 0 00 00 m z of tw tw m E 0 cia cc I I Donohue Halverson Plumbing, Heating & Cooling 617 W. SENECA ST. ITHACA, NY 14850 US 607-273-3393 tracey@dhithaca.com ADDRESS TOWN OF ITHACA 114 SEVEN MILE DR ITHACA, NY 14850 PO NUMBER HOT WATER HEATER UPGRADE 0101 g [01 : III] =IN now"11*3 ?7 TOWN HALL 1 0.00 0.00 2023 HOT WATER HEATER UPGRADE PROJECT LOCATED AT TOWN OF ITHACA 215 N. TIOGA ST, ITHACA, NY 14850 TOMPKINS COUNTY FURNISH AND INSTALL ASHP WATER HEATER PER THE RFP 1 7,627.00 7,627.00 DATED 1/4/23 AS DESCRIBED ABOVE. PRICING INCLUDES A 50 GALLON RHEEM HYBRID WATER HEATER MEETING THE SPECIFICATIONS. INSTALLATION PER SPECIFICATIONS AND DRAWINGS CONTAINED WITHIN THE RFP. PREVAILING WAGES INCLUDED, TAX EXEMPT INCLUDED. REDUCE PRICE BY $500 IF PERMITS ARE NOT REQUIRED. 1 0.00 0.00 EXCLUSIONS: COORDINATION WITH GAS COMPANY, GAS 1 0.00 O.00T SHUT OFF FOR CAPPING LINE AT MAIN, WORKING OUTSIDE OF NORMAL BUSINESS HOURS, SUBTOTAL 7,627.00 TAX 0.00 Accepted By Accepted Date A FINANCE CHARGE OF 2% PER MONTH WILL BE CHARGED ON ALL BALANCES OVER TERMS SPECIFIED. OUR LABOR RATE IS $130.00 AN HOUR, MINIMUM ONE HOUR, BILLING IN HALF HOUR INCREMENTS, A ONE TIME TRUCK CHARGE OF $14.00. ALL CALLS ARE CHARGED PORTAL TO PORTAL INCLUDING TIME TO PROCURE MATERIALS SPECIFIC TO YOUR PROJECT; THEREFORE, HOURS MAY EXCEED THE ACTUAL TIME ON LOCATION. LEASE AGREEMENT Between the History Center and the Town of Ithaca September 1, 2020 — August 31, 2024 Amended January 9, 2023 LANDLORD: Town of Ithaca, a municipal corporation with an office at 215 N. Tioga St. Ithaca. New York 14850 (hereinafter the "Landlord") TENANT: The History Center in Tompkins County, a NYS Not -for -Profit corporation & registered 501(c)3, located at 110 N. Tio2a Street, Ithaca. NY 14850 (hereinafter the "Tenant" PROPERTY ADDRESS: 215 N. Tioga Street. Ithaca. NY 14850 {the "Building") 1. RENTAL AMOUNT: Commencing September 1, 2020. Tenant agrees to pay Landlordthe annual sum total calculated at a rate of Four Dollars ($4.00) per square foot (hereinafter the "Rent") in 12 monthly installments in advance on the first day of each calendar month during the Term (defined below in Section 4), together with a Security Deposit (defined below in Section 5). The Rent shall be delivered by Tenant to Landlord at the following location: by hand or mailed to 215 N. Tioga Street, Ithaca. New York 14850. Rent must be received by Landlord. or Landlord's designated agent, no Later than. the fifth day of each calendar month during the Term to be considered in compliance with the terms of this Lease. A late charge of five percent (5%) of the current rental amount due shall be incurred if Rent is not paid within five (5) days of when due. 2. PREMISES AND USE: The Premises consist of the portion of the Building described in Exhibit A to this Lease consisting of storage area within the Building totaling 2727 square feet (Vault- 980 sqft., Records Room - 378 sqft., 1st collections room - 259 sqft., 2nd collections room - 558 sqft., 3rd collections room - 286 sqft. 4th collections room — 266 sqft). 3. This amount may be amended from time to time (hereinafter the "Premises"). The Tenant shall also have the right to the non-exclusive use of hallways and elevator (for access) and basement common areas with pre -approval needed for purposes not identified in this lease. Tenant shall use and occupy the Premises solely as a collections storage, management and care space for the Tenant. At all times during the term ofthis Lease, Tenant shall occupy and use the Premises in compliance with all applicable laws, ordinances, rules, regulations, orders and requirements of any Federal, State or local government and/or any department or bureau thereof. Tenant's use and occupancy of the Premises, common areas and other facilities, rooms and areas specified above shall comply with Landlord's policies and procedures regarding same. Tenant will not do or suffer to be done anything in or about the Premises which will contravene Landlord's policies of hazard or liability insurance or which will prevent Landlord from procuring such policies in companies acceptable to Landlord or will increase the premiums for same payable by Landlord. Pg. 1 Under the terms of this Lease, employees of the Tenant agree to limit preservation and research work to specific hours of use and access. All work will occur within the Premises outlined above on Wednesday and Thursday from 12pm — 5pm. Tenant acknowledges the other tenants in the Building areas identified in Exhibit A, and will minimize impact on their work space and environment. In addition, the staff of the Tenant will have access on Fridays from 9:00am to 5:00pm, and have the option to temporarily set up additional tables for work in the Building areas identified in Exhibit A. Any tables and chairs set up on Fridays will be removed when staff vacates the premises on Friday. Additional access may be needed outside of normal operating hours and will be negotiated with Landlord. At all times, staff of the Tenant will treat other users within the Building with courtesy and work to ensure a quiet, safe, and productive work environment for all. The days and hours specified above are subject to change with a 30 day written notice. 4. ADDITIONAL SERVICES PROVIDED: Under the terms of this Lease, Tenant agrees to assist Landlord in the curation, design, and execution of exhibits in the Town Hall of the Town of Ithaca. A schedule of rotating content will be established in consultation with the Town Supervisor. Tenant also agrees to work with Town of Ithaca representatives in the selection and accession of records and items into The History Center in Tompkins County's archives and collections. 5. TERM: The Premises are leased for the following lease term {hereinafter the "Term"): 3-year term commencing September 1, 2020 and expiring on August 31, 2024. This Lease may be renewed for three-year extensions as agreed to in writing, executed by both parties. 6. SECURITY DEPOSIT: Tenant deposited with Landlord the sum of Four Hundred Dollars ($400.00) at the time of the signing of the original lease in the summer of 2019. At the expiration of the Term, provided that (a) Tenant performs all of Tenant's obligations in compliance with this Lease, (b) Tenant vacates the Premises in the same condition (including level of cleanliness) as of the Commencement Date, ordinary wear and tear excepted, and (c) Tenant has not caused damage or unusual wear and tear to the common areas or other facilities, rooms or areas that it is permitted to use pursuant to this Lease, Landlord shall return the Security Deposit to the Tenant within twenty-one (21) days of the Tenant vacating the Premises. Tenant may not use the Security Deposit for Rent owed during the Term. If Landlord deducts any amountfrom the Security Deposit prior to returning the Security Deposit to Tenant, Landlord shall furnish Tenant a written statement indicating any amounts deducted from the Security Deposit and return the balance of the Security Deposit to the Tenant. 7. INITIAL PAYMENT: Upon signing this Lease, Tenant shall pay the first monthly portion of the total annual rent for the occupied square footage at the established rate of $4 per square foot. Said payment shall be made in the form of cash, check, cashier's check, or electronic fund transfer, and shall be due upon signing this Lease. The rent, for the period after September 1, 2022, will be re-evaluated in the summer of 2022 and the Town may increase the rent for the remaining year of this lease by no more than 6%. Pg. 2 8. SUBLETTING OR ASSIGNING: Tenant agrees not to assign or sublet the Premises, or any part thereof, without first obtaining written consent from Landlord, which consent may be given or withheld at the sole discretion of the Landlord. Any occupation of the Premises by a third -party without the Landlord's written consent, whether by subletting, sharing, co -location or other arrangement, whether rent is paid by the third -party or not, shall be considered a violation of this Lease; provided, however, Tenant's municipal participant representatives, guests and invitees shall be permitted to enter and remain in the Premises to conduct business in the ordinary course of Tenant's business. 9. UTILITIES: Landlord shall be responsible for all utilities and/or services supplied to the Premises, including telephone, electric, gas, water, access controls, janitorial, snow removal, pest control, common area maintenance, repair, and other services provided to the Building by the Landlord. Tenant shall provide and pay for Internet. 10. PARKING: There are no parking rights provided in this Lease. 11. CONDITION OF PREMISES AND THE BUILDING: Tenant acknowledges that the Premises have been inspected by the Tenant. Tenant acknowledges that the Premises have been cleaned and all items, fixtures, appliances, systems and appurtenances are in complete working order. During the Term, Tenant shall maintain the Premises in a neat and sanitary condition. Tenant shall reimburse Landlord within ten (10) days of Landlord's request for any sums necessary to repair any item, fixture, appliance, system or appurtenance that require repairs due to actions or inactions of Tenant, or any of Tenant's municipal participants, guests, or invitees. Landlord shall maintain and repair all items, fixtures, appliances, systems and appurtenances in the Premises and the Building. Tenant shall notify the Landlord in the event Tenant becomes aware of any broken or non -working items, fixtures, appliances, systems or appurtenances, including, without limitation, any electrical, gas, or plumbing conditions, and Landlord shall repair such broken or non -working item, fixture, appliance, system or appurtenance as soon as reasonably practicable. Landlord shall maintain and repair the Premises and the Building in compliance with all federal, state and local statutes, orders, codes, ordinances and laws. If Landlord shall fail to maintain and repair the Premises in compliance with this Section 9, and such failure shall materially impair Tenant's ability to conduct Tenant's business operations in the Premises, the Rent shall abate in proportion to the portion of the Premises unfit for Tenant's business operations. 12. ALTERATIONS: Tenant shall not make any alterations to the Premises or the Building, including, but not limited to, installing fixtures and equipment, or moving or removing walls, doors, or other partitions, without first obtaining written consent from Landlord, which consent may be given or withheld at the sole discretion of the Landlord. Any alterations made with Landlord's consent shall be surrendered with and as part of the Premises at the end of the Term. Tenant shall not change or install locks, signs, paint, or wallpaper on the Premises or the Building without Landlord's prior written consent. Pg. 3 13. LATE CHARGE/BAD CHECKS: A late charge of five percent (5%) of the current Rent due shall be incurred if Rent is not paid within five (5) days of when due. The Landlord shall have the right to charge interest on any Rent that remains unpaid for thirty (30) days at the rate of twelve percent (12%) per annum. 14. NOISE AND DISRUPTIVE ACTIVITIES: Tenant guests and invitees shall not disturb, annoy, endanger or inconvenience other tenants of the Building, neighbors, the Landlord or the Landlord's agents, or contractors, and Tenant shall not violate any law in the conduct of Tenant's business in the Premises, and shall not commit or permit waste or nuisance in or about the Premises. 15. LANDLORD'S RIGHT OF ENTRY: Landlord may enter and inspect the Premises during normal business hours and upon reasonable advance notice to Tenant and accompanied by a Tenant representative if Tenant makes a representative reasonably available. Landlord shall be permitted to enter the Premises to make all alterations, repairs and maintenance required by this Lease. Landlord shall have the right to enter the Premises without advance notice or the need to be accompanied by a Tenant representative in the event of an emergency. In the event of an emergency, the Landlord shall provide notice of such emergency and Landlord's entry to the Premises in response to such emergency to Tenant as soon thereafter as reasonably practicable. The vault room access door must be left unblocked and Tenant must provide Landlord access to the vault room at all times upon reasonable advance notice. 16. REPAIRS BY LANDLORD: Where servicing or a repair is the responsibility of the Landlord pursuant to this Lease, Tenant shall provide Landlord with written notice stating what item, fixture, appliance, system or appurtenance needs servicing or repair, and Landlord shall have a reasonable opportunity to service or repair the item, fixture, appliance, system or appurtenance. Tenant acknowledges that Rent shall not be withheld based upon a claim of failure to repair, except as provided for in Section 10. 17. PETS AND TOBACCO USE: No dog, cat, bird, fish or other domestic pet or animal of any kind maybe kept on or about the Premises without Landlord's written consent, with the exception of any service animals. Tobacco Use is not allowed inside the Premises, Parking Lot or around perimeter of the Building. 18. FURNISHINGS: The Premises are rented unfurnished with the exception of shelving. 19. INDEMNITY: To the extent permitted by law, Tenant shall defend, indemnify and hold harmless the Landlord and all of Landlord's elected officials, Board members, agents, affiliates, directors, public officers and employees ("Indemnified Landlord Parties") from and against any and all liability, loss, damages, costs, claims, actions or lawsuits, brought or asserted against any or all Indemnified Landlord Parties for injury or death to any person or persons, damage to property, or other damages or losses arising out of or in connection with the acts or omissions of Tenant, or of its agents, municipal participants, affiliates, directors, officers, employees, or subcontractors, related to this Lease or the Premises. Such indemnity shall include the costs of defending any action, including reasonable attorney Pg. 4 fees, expert fees, and other litigation costs. To the extent an Indemnified Landlord Party is negligent, Tenant's indemnification shall not extend to the proportion of loss attributable to that Indemnified Landlord Party's negligence. The Indemnified Landlord Parties shall not be liable for any interruption or loss of business or consequential damages no matter how the same may be occasioned. To the extent permitted by law, Landlord shall defend, indemnify and hold harmless the Tenant and all of Tenant's elected officials, Board members, agents, affiliates, directors, public officers and employees ("Indemnified Tenant Parties") from and against any and all liability, loss, damages, costs, claims, actions or lawsuits, brought or asserted against any or all Indemnified Tenant Parties for injury or death to any person or persons, damage to property, or other damages or losses arising out of or in connection with the acts or omissions of Landlord, or of its agents, municipal. participants, affiliates, directors, officers, employees, or subcontractors, related to this Lease or the Premises. Such indemnity shall include the costs of defending any action, including reasonable attorney fees, expert fees, and other litigation costs. To the extent an Indemnified Tenant Party is negligent, Landlord's indemnification shall not extend to the proportion of loss attributable to that Indemnified TenantParty's negligence. The Indemnified Tenant Parties shall notbe liable for any interruption or loss of business or consequential damages no matter how the same may be occasioned. For the purposes of the parties' obligations and rights under this Lease, personnel who are assigned to, and under the supervision of, the Executive Director, Archivist, and/or Curator of The History Center in Tompkins County are considered Tenant's employees. 20. INSURANCE REQUIREMENTS: Throughout the Term and any extensions, Tenant shall procure and maintain insurance against any and all losses, costs, expenses, claims, liabilities, actions, and damages, including liability for injuries or death to any person or persons or damage to property arising at any time during and/or arising out of or in any way connected with Tenant's use or occupancy of the Premises or the Building. The following are the minimum required insurance coverages: a. Commercial General Liability Bodily Injury and Property Damage: $1,000,000 Each Occurrence Products/Completed Operations: $2,000,000 Aggregate Personal Injury & Advertising Injury: $1,000,000 Each Person/Organization General Aggregate: $2,000,000 Per Location Basis Damage to Rented Premises: $ 500,000 b. Business Automobile Liability Combined Single applicable to all Owned, Non -Owned and Hired Autos $1,000,000 Each Accident c. Excess "Umbrella" Liability Bodily Injury and Property Damage: $1,000,000 Each Occurrence Pg. 5 Products/Completed Operations: $1,000,000 Aggregate General Aggregate: $1,000,000 Per Location Basis d.Workers' Compensation & Em lovers' Liability Workers Compensation Limits: Statutory Limits Employers Liability Limits: Each Accident $1,000,000 Disease Each Employee $1,000,00 Disease Policy Limit $1,000,00 e. Tenant's Casualty Insurance All risk casualty insurance, including loss by sprinkler, written at replacement cost value and with replacement cost endorsement, covering all of Tenant's personal property in the Premises, including, without limitation, inventory, trade fixtures, floor coverings, furniture and other property removable by Tenant under the provisions of this Lease, and all leasehold improvements installed on the Premises by Tenant pursuant to the terms of this Lease. The insurance carriers providing the required coverages shall be licensed to do so in New York State, and shall be rated no lower than "A- X" by the most recent Best's Key Rating Guide unless otherwise agreed to in writing by Landlord. All policies except workers' compensation and employers' liability must be endorsed to include Landlord as additional insured on a primary and non-contributory basis. All policies must be endorsed to waive all rights of subrogation against Landlord. Prior to the use or occupancy of the Premises, Tenant shall deliver a Certificate of Insurance (including copies of the Additional Insured and Waiver of Subrogation endorsements) acceptable to Landlord certifying that policies of insurance for the required coverages have been issued and are in effect. Upon expiration or cancellation of any policy during the Term or any extensions, the Tenant shall immediately deliver to the Landlord a Certificate of Insurance evidencing proper renewal or replacement of the policy. Tenant shall report to the Landlord, in writing and as soon as practicable, any personal injuries, death or property damage arising at any time during and/or arising out of or in any way connected with Tenant's use or occupancy of the Premises or the Building. 21. EXPIRATION OR TERMINATION OF LEASE AND HOLDOVER: At the expiration of the Term, or any renewal thereof, or upon termination of this Lease, Tenant shall vacate the Premises in compliance with this Lease. Upon the expiration or termination of this Lease, the Tenant shall deliver the Premises to Landlord broom clean and surrender all keys to Premises to Landlord. The Tenant shall remove all of its equipment and personality from the Premises within ten (10) days of the expiration or termination of this Lease and repair any damage resulting therefrom event the Tenant does not vacate the Premises at the expiration of the Term in compliance with this Lease, the Tenant shall be deemed a Pg. 6 hold over tenant, with a tenancy on a month to month basis at 110% of the monthly Rent as provided for hereunder. During any holdover period, the Landlord or the Tenant may terminate the tenancy by the serving of a 30-day written termination notice to the other party. 22. POSSESSION: If the Premises cannotbe deliveredto Tenant as of the Commencement Date due to a casualty loss, total or partial destruction of the Premises or the Building, a delay in the construction or renovations to the Premises and/or the Building, or failure of a previous tenant to vacate the Premises, either party may terminate this Lease upon written notice to the other party. If either party terminates this Lease pursuant to this Section 21, that party shall have no liability to other party, except that any and all amounts paid by Tenant to Landlord will be immediately refunded to Tenant. 23. QUIET ENJOYMENT: Provided that no Tenant default exists hereunder, Tenant shall at all times during the Term have, hold and enjoy the Premises without disturbance, ejection or hindrance from the Landlord. 24. DEFAULT: In the event of a breach of the terms of this Lease by the Tenant, including a failure to pay Rent within a period of thirty (30) days of the due date for such Rent, or if the Premises become deserted or vacant for more than twenty-one (21) days, Landlord shall have the right to terminate this Lease and proceed with an eviction of the Tenant in compliance with New York State law. If Tenant is evicted in compliance with New York State law, and Landlord prevails in any eviction proceedings, the Tenant shall be responsible for reasonable attorney's fees and court costs of the Landlord. 25. WAIVER: Landlord's failure to require compliance with the conditions of this Lease, or failure to exercise any right provided herein, shall not be deemed a waiver by Landlord of such condition or right. Tenant's failure to require compliance with the conditions of this Lease, or failure to exercise any right provided herein, shall not be deemed a waiver by Tenant of such condition or right. Landlord's acceptance of Rent with knowledge of any default under this Lease by Tenant shall not be deemed a waiver of such default, nor shall it limit Landlord's rights with respect to such default or any subsequent right. No waiver of any conditions or rights under this Lease shall be effective except by written agreement executed by both parties. 26. VALIDITY/SEVERABILITY: If any provision of this Lease is held to be invalid or unenforceable, such invalidity shall not affect the validity or enforceability of any other provision of this Lease, as it is the parties' intention to have this Lease valid and enforceable to the fullest extent pern:l fitted by law. 27. ATTORNEY FEES: In the event that any action or proceeding is brought by either party to enforce any terms or conditions of this Lease or to recover possession of the Premises, the prevailing party shall recover from the other party reasonable attorney fees. 28. NOTICES: All notices to the Tenant shall be deemed served upon mailing by first class mail addressed to the Tenant at the Premises or upon personal delivery to the Premises, whether Pg. 7 Tenant is present or not at the time of said delivery. All notices to the Landlord shall be served by mailing first class mail addressed to the Town Supervisor at the Building or by personal delivery to the Town Supervisor at the Building. 29. PERSONAL PROPERTY OF TENANT: Following the expiration of the Term and Tenant's vacating of the Premise, all personal property left in the Premises for more than ten (10) days shall be property of the Landlord, and Landlord may keep such property as Landlord's property or dispose of such property at Tenant's cost and expense in any manner Landlord reasonably chooses. 30. ENTIRE AGREEMENT: This Lease, including any exhibits attached hereto and incorporated herein by reference, constitutes the entire agreement between the parties and supersedes any prior or contemporaneous oral or written representations or agreements that may have been made by either party. This Lease may only be amended by written agreement executed by both Landlord and Tenant. All terms, conditions and agreements contained in this Lease shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, personal representatives, executors, administrators, successors and assigns. Town of Ithaca Rod Howe, Town Supervisor Date THE HISTORY CENTER IN TOMPKINS COUNTY Benjamin Sandberg, Executive Director Date Pg. 8 Monroe TractorIlk °` °"" 110 Old Ithaca Road ���ML; Horseheads, NY 14845 m or,4ROE TRACTOR (607) 739-8741 smcquay(@monroetractor.com Customer Name: Town of Ithaca DPW Address: 114 Seven Mile Dr. City: Ithaca State NY ZIP 14850 Phone: (607)273-1656 Make/Model: i i flai d WA MT Unit #: Fol Order YEAR: 2023 Misc Date 1/13/2032 Attn Mike Beach Rep Scott McQuay Customer # ITHAC005 SN: "'1"`IIM1D Section Order Code Description MFG MSRP List Price MT Special Customer Price 0 0 ;New Midland Road Widener Attachment Model WA $ 139,545.00 $ - 0 Standard Features: ;0 $ - 0 0 ;Spreads right or left $ - 0 0 :24" heat and oil resistant conveyor belt $ - 0 0 ;Strike -off Blade V to 6' $ - 0 0 ;(optional to 10' with Hyd Var Strike -Off, 24" stroke) $ - 0 0 :Moveable operator's control panel -electric over hydraulic $ - 0 0 i49HP Kubota Tier 4 Final Diesel Engine $ - 0 0 Variable displacement hydraulic pump $ - 0 0 ,Variable speed conveyor drive $ - 0 0 ;Hydraulic grade and slope adjustment $ - 0 0 :Full width hopper bib $ - 0 0 ;Oscillating push roller in extendable frame $ - 0 0 ;Caster wheels, set of four (4) $ - 0 Optional Equipment ;0 $ - 0 0 ;Hydraulic Variable Width Strike -off (12" stroke) $ - 0 0 ;Hydraulic Push Roller Assy $ - 0 0 ;Operator Platform $ - 0 0 :2nd Operator Platform $ - 0 0 I Polyurethane Caster Wheels in place of Rubber $ - 0 0 :Wheel Loader Adaptor, Quick Coupler Type $ - 0 0 10 $ - 0 0 10 $ - 0 0 ;0 $ - 190I19 CEIM S U I) l�' I I E DC'1 /V'II"A C I I im E I191.0 0 0 ;0 $ - $ - 0 0 ;0 $ - $ - 0 0 ;0 $ - $ - 0 0 ;0 $ - $ - ------------------------ $ 139,545.00 $ TOTAL LIST PRICE Payment Full Payment required on Delivery TERMS: 12-16 week delivery. No Trade Discount ($8,708.00) Customer Purchase Price before TRADE $ 130,837.00 0 0 0 $ - TOTAL DUE $ 130,837.00 QUOTED PRICES FIRM FOR 10 DAYS. ALL QUOTES SUBJECT TO AVAILABILITY & SALES TAX. CORRESPONDENCE LISTING January 23, 2023 Please review the following correspondence and indicate, by placing your initials in the right-hand column adjacent to the correspondence that you wish to receive a copy. We can forward a copy to you via e-mail or make a hard copy. Please indicate your preference next to your name at the bottom of this form. Correspondence — Item 1. Letters from Residents re: Calkins Inlet Valley Way 2. Petition re: 13A Traffic Mitigation 3. Letter from Resident re: Small Cell Opposition 4 a Please place your initials here if you wish to receive a copy From: Lainey Papageorge papageorge@icloud.com Subject: Letter to Joe Slater, Town Board and staff on Public Works Committee Date:, Jan 12, 2023 at 12:35:44 PM To: Lainey Papageorge papageorge@icloud.com, chris malcolm cmalcl02@gmaii.com, Johara Malcolm jemcaml998@gmail.com, Johara Malcolm JMalcolm@cityofithaca.org, dmhudson@icloud.com, Maria Guiterez mariguti2006@hotmail.com, Matt Stillerman mstillerman@gmaii.com, Daryl Hill dhili@lcsd.kl2.ny.us, Laurie Dykoschak-Hill ithacahillfolk@gmail.com, Helen Yunis helenann.ithaca@gmail.com, Schloegel Tom Erika tom.schloegel@gmail.com, Erika Dagress eadagress@gmaii.com, Jude Wood missjude50@aol.com, Alan Wood haw5@cornell.edu HOA Members, FYI I am delivering this letter to Joe Slater. Before our meeting next Tuesday at 9 AM. Dear Mr. Slater, Town of Ithaca Board Members, and Public Works Committee Members, With your proposed Triangle impediment to protect possible future liability from Calkins Road residents, how can you also protect your possible liability for blocking my quick access to emergency vehicles and life -providing water and sewage trucks? I have never witnessed or heard of a problem at this intersection until now. It appears the most efficient and safe solution would be a Yield sign on Inlet Valley Way at Calkins Rd. A Yield sign provides clear directions to all vehicular traffic everywhere in the USA. Why not in this instance? I 606ght-, ny- property located at 167-1 Calkins Road in 1997. At the time I' was a middle aged single mom raising two young daughters, now I am an older woman with significant health challenges married to David Hudson, who also has significant health challenges. How will you provide safe access to me and my husband with this proposed Triangle that will significantly block quick access to emergency vehicles? For 26 years I have faithfully paid the Town of Ithaca hundreds of thousands of dollars for Water and Sewage services which have never been provided to me. Yet these same services are provided to the rest of Calkins Road at zero cost. There has never been plentiful or suitable -for -drinking well water on our hillside due to hundreds of feet of glacial rock deposits, so we are forced to buy safe, clean water from the local market. We are totally dependent upon huge trucks to deliver these services to us. How can our life-giving water and health --providing sewage, trucks gain access " ' to our homes with your proposed'Triangle impediment bloc -king quick access? You seemed so concerned for this quick access five,years ago when you informed all residehts-at-167-Calkins,Road that in -order to allow,emergencyyehities-cluicker access to our homes, that the Town of Ithaca was mandated to change the name and street number of ali- , 167 Calkins Road addresses. You stated that this change was mandatory in order to provide us with faster digital response to emergency vehicles trying to find us. We all had to abide with this arbitrary change from -the Town Board though. it was an enormous ongoing hassle for several years. Now you have once again arbitrarily decidedto block that same easy access because of your liability concerns. I am asking; where is the concern for your new liability exposure with this proposed Triangle impediment that will most certainly block access to quick emergency vehicle and life -providing trucks? There are many more residents on Inlet Valley Way and Ivy Crest with zero services from the Town of Ithaca than on'Calkins Road. How do you serve, provide for, and protect us? Rdspectf ully Yours, Elaine Papageo ra 152 -Inlet Valley Way ormerlyy 1167-1 Calkins Rd) Ithaca, NY 14850 Helen Ann Yunis 192 Inlet Valley Way Ithaca, NY 14850 (607) 280-3070 January 5, 2023 Dear Calkins Road Neighbor, My name is Helen Ann Yunis and I have lived at 192 Inlet Valley Way since Spring 2021. The nine properties on Inlet Valley Way and Ivy Crest, along with one property on Calkins Road, are part of the Inlet Valley Homeowners Association ("IVHOA"). The properties are owned in fee simple and IVHOA collectively owns approximately 60 acres together. On December 14, 2022, Joe Slater, the Town of Ithaca Director of Public Works, held a Zoom meeting where a household member of most of the IVHOA property owners were present. At that meeting, Mr. Slater explained that the Town of Ithaca is planning to significantly narrow and shift access to Inlet Valley Way and Ivy Crest due to two complaints over a period of time from one Calkins Road resident. He also explained that this person felt at risk of a car accident and the person informed the Town of Ithaca that there needed to be a change or the Town was exposing itself to liability in the future. I am writing to you in an attempt to create an open dialogue on how a change could be made without exposing the nine properties on Inlet Valley and Ivy Crest to critical health and safety concerns if the proposed changes - as they are currently planned - are made. My concern is that the proposed changes will significantly limit access to critical services, because it will limit/impede fire truck access, delivery trucks, water carriers, tree care services, moving vans, etc. (and expose the Town of Ithaca to potential liability there as well). Please note that since this meeting, I have driven to the end of Calkins Road and back down the hill in an attempt to better understand where the complainant is coming from. I never realized that if I cross the lane and pull over to access the mailboxes as I am driving up Calkins Road it could be perceived to be dangerous to the driver traveling down Calkins Road (I have on several occasions chosen to cross the lane when I have perceived the oncoming traffic to be significantly away from me). I apologize to you if that has occurred and have refrained from getting the mail in this manner if there is any oncoming traffic. I have also spoken with three seperate Calkins Road property owners who have collectively lived here for decades. They have not perceived any danger. I explain this NOT to diminish the other neighbor's concern. Rather, I have tried to gain a better understanding of the problem in order to create a solution that meets all of our needs and ensure that we feel safe as neighbors. As an avid walker, I have been surprised how fast cars pass me on Calkins Road and over time have come to believe that these drivers do not understand how vulnerable a pedestrian feels as they are zooming past. I welcome the opportunity to speak with you and to create a better plan than the one that is currently proposed to address your needs, while balancing the health and safety needs of the residents of Inlet Valley and Ivy Crest. Best, Helen Ann Yunis Sent to: Thomas Canfiel and Anne Soos 125 Hun Rd Princeton NJ 08540 Laurie Freer and David Hessler 179 Calkins Road Ithaca, NY 14850 Joel Crispin Brotherton 171 Calkins Road Ithaca, NY 14850 Chris and Lauren Monroe 175 Calkins Road Ithaca, NY 14850 George Sheldrake 174 Calkins Road Ithaca, NY 14850 Ron Knewstub 180 Calkins Road Ithaca, NY 14850 Istvan Tamas 172 Calkins Road Ithaca, NY 14850 Gretchen Gilpin 182 Calkins Rd Ithaca NY 14850 Maria Miller 178 Calkins Road Ithaca, NY 14850 -----Original Message ----- From: Liz Bageant <Iiz_o_ka. eant( ailoco > Sent: Tuesday, January 17, 2023 11:53 AM To: Paulette Rosa <,PRos _ tg _rr.o.ith_ac .o_n ...us> Cc: Rod Howe <R o eC t urrn. th c onyo�as>; Marie De Mott Grady <r z d C mail.co >; Kelda McGurk <�«Id :rnc �arl<CC� mail.com>; Will Burbank < _llburb n�<( mail,com>; Lisa Strayer <str .aria ��grn_D.il:cq_m> Subject: 13A Traffic Mitigation Petition Dear Paulette, I am submitting the attached documents on behalf of residents of 13A and adjacent areas who are concerned about deteriorating traffic conditions. In the attachment you will find the letter associated with the petition that details the concerns, copies of all signatures obtained in person, and all signatures obtained via an online petition. In particular, we would like the Town Board to work with DOT on mitigating excessive speeds and accident risks along the Town portion of 13A (see letter for details). Please feel free to get in touch with us if you have any questions or would like to discuss further. Best wishes, Liz Bageant (655 Five Mile Dr) Marie De Mott Grady (264 Floral Ave) Kelda McGurk (718 Elm St Ext.) Lisa Strayer (361 Floral Ave) Will Burbank (132 Glenside Rd) lug Scott Bates, PE New York State Department of Transportation Undersigned Concerned Residents & Neighbors of NY SR13A Floral Ave / Five Mile Drive / NY SR 13A & West Hill, Ithaca, NY Ithaca Town City of Ithaca Board Common Council 14 November 2022 City of Ithaca Transportation Engineering City of Ithaca Mayor Laura Lewis Dear Mr. Bates, Ithaca Town Board, City of Ithaca Common Council, City of Transportation Engineering and City of Ithaca Mayor Lewis, We are writing to you as part of an organized effort to mitigate deteriorating traffic issues associated with New York State Route 13A in the City and Town of Ithaca. We have observed increases in traffic levels, aggressive driving, and accidents and feel the situation in our neighborhood is dangerous to us as residents, and also for those passing through our neighborhood, especially pedestrians and cyclists. The purpose of this letter is to register our concerns about 13A. Concerns: • Excessive speed in general. In particular, motorists drive very fast in the straightaways; one is from 79 onto Floral Ave (an area where residents have to park on the inlet side and then cross 13A to reach their homes), and the other between Coy Glen Rd and Bostwick Rd. Speeding is worst during evening commuting hours, and with trucks late into the night. Excessive speeds pose dangers to those of us slowing to turn into our driveways and there have been many near -misses where cars veer into our lawns to avoid rear -ending a turning vehicle. Furthermore, all of the issues below are all intensified by high speeds. • High volumes of trucks. We understand that 13A is a New York State truck route. The number of trucks has increased in recent years and it is disruptive to those living on the road. They are very loud and shake our homes, wake us at night, and often travel at high speeds and drift into the shoulder (where there is one) endangering pedestrians and bicyclists (not to mention frequently downed mailboxes). The issues below are all intensified by the increasing volume of truck traffic. • Bostwick Road intersection. There are occasional accidents and daily near - misses due to excessive speed and reckless overtaking by drivers impatient with traffic slowing to turn onto Bostwick. Furthermore, because of the speed at which people travel on the straightaway approaching the Bostwick Road intersection, motorists miss the intersection and nearby residents experience excessive turning around in their driveways as motorists double back. This has caused damage to private driveways and creates unsafe conditions for children playing in driveways and yards. • Dangerous conditions for pedestrians and cyclists between Towerview Apartments and the Town -City line. This portion of the road has no sidewalks or space for bicyclists and pedestrians, creating very unsafe conditions for all. The Amabel Neighborhood, currently being built, will increase residential traffic. Motorists understandably wish to pass slow moving bicyclists and often do so in ways that endanger oncoming traffic, and/or the bicyclists they are passing. We know of many instances where cyclists have fallen when fast moving vehicles left them no room to navigate. Along Floral Ave, at least one of these involved a truck sideswiping a bike, nearly killing the cyclist• • Inappropriate infrastructure for trucks at intersection of 13A and Route 79. Large truck traffic turning onto/off of 13A regularly drives on median, bike lane and/or sidewalk. Their cumbersome size, in an area where adolescents frequently travel to a public school on Elm Street and where the crosswalk is not readily visible to those turning onto 13A, does not allow drivers the maneuverability to prioritize and safeguard pedestrians and cyclists. A NYS DOT traffic study was conducted in March 2019 (Case 3180350, File 50.12-13A) which concluded there was no basis for lowering the speed limit along the 45 MPH segment of Route 13A. We understand that there will be another traffic study done on 13A this year and we expect it will show an increase in overall traffic volume and the proportion of truck traffic. As residents and users of this road, changing traffic patterns are affecting our quality of life. Last week a cyclist was hit by a car along the Floral Ave straightaway, and is reportedly in critical condition in the hospital. We urge you to address the hazardous conditions on Floral Ave/Five Mile Drive/13A before further accidents occur where others are injured, if not killed. From discussions of these concerns with city, town, and state officials, as well as citizens living on or adjacent to the route, various measures have been surfaced that could improve the situation. We are interested in pursuing the viability of the following measures to improve safety along 13A: Reducing Speed: a. To 25 MPH in the city (Floral Ave) where the narrow street with tall, granite curb make it very hazardous for pedestrian and bicycle traffic (along '/2 of which there is no sidewalk) b. To 30 MPH in the town (Five Mile Drive) where fast moving vehicles discourage and endanger residents from walking and cycling. c. Assessing the impact of emergency vehicles, including police, speeding along the route far in excess of speed limits, necessitating traffic to move aside where there is limited space for ordinary traffic and thus further endangering all using the roadway. 2. Implement Traffic Calming Measures such as "speed cushions" to slow vehicles while allowing for easy passage of emergency vehicles, along the road where there are no shoulders and/or tall curbs or where there are numerous accidents (e.g. intersection with Bostwick Road). 3. Limiting Large Truck Traffic a. Implementing a size and weight limit to trucks for access to Route 13A (as it was not designed for safe passage of such vehicles, and at the north terminus onto Route 79 are unable to safely navigate the intersection) b. Study the pattern of truck traffic on the safety of citizens using the road as the only viable alternative to Route 13 for accessing the city from the south east. 4. Extend Sidewalk and Create a Bike Lane along Floral Avenue to the town line, where the road widens and a shoulder is available. This may require a further narrowing of the road making it even more prudent to lower the speed limit and constrain truck traffic. We thank you for your consideration in this matter. 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I was present at the last BZA meeting and Common Council meeting to voice my concerns. In this email there is some basic information about the impacts of EMF on living systems. Please forward this to the Town Board and the Codes Committee. Thank you for your time, Natalie Lester SUBJ: EMFS damaging non -human species at ecosystem and biosphere levels Low-level EMF effects on wildlife and plants: What research tells us about an ecosystem approach B. Blake Levitt' , Henry C. Lai2* and Albert M. Manville 113* *'National Association of Science Writers, Berkeley, CA, United States • 2Department of Bioengineering, University of Washington, Seattle, WA, United States • 3Advanced Academic Programs, Krieger School of Arts and Sciences, Environmental Sciences and Policy, Johns Hopkins University, Washington, DC, United States There is enough evidence to indicate we may be damaging non -human species at ecosystem and biosphere levels across all taxa from rising background levels of anthropogenic non -ionizing electromagnetic fields (EMF) from 0 Hz to 300 GHz. The focus of this Perspective paper is on the unique physiology of non -human species, their extraordinary sensitivity to both natural and anthropogenic EMF, and the likelihood that artificial EMF in the static, extremely low frequency (ELF) and radiofrequency (RF) ranges of the non -ionizing electromagnetic spectrum are capable at very low intensities of adversely affecting both fauna and flora in all species studied. Any existing exposure standards are for humans only; wildlife is unprotected, including within the safety margins of existing guidelines, which are inappropriate for trans -species sensitivities and different non -human physiology. Mechanistic, genotoxic, and potential ecosystem effects are discussed. Introduction Contrary to popular opinion, we know a great deal about how non -ionizing electromagnetic fields (EMF) affect non -human species because we have been using animal and plant models in research going back at least to the 1930's (1). Such research may have been conducted with humans in mind but can also be extrapolated to non -human species protection if we choose to apply it that way. Mice and rats have been the primary animal species used in research, but also rabbits, dogs, cats, chickens, pigs, non -human primates, amphibians, insects, nematodes, various microbes, yeast cells, plants, and others. Effects have been seen in all taxa, in various frequencies, intensities, and exposure parameters. To non- human species, these are highly biologically active exposures, often functioning as stressors. This includes non -ionizing EMF in the static, extremely low frequency (ELF; 0-300 Hz) through the radiofrequency (RF) ranges used in all modern technology between 3 kHz and 300 GHz. Extrapolations to wildlife from carefully controlled laboratory conditions, however, are difficult to quantify due to myriad variables such as: genetic variation and mobility, weather/climate change, site/region-specific environmental aspects, duration of exposure and variations in movements across habitats, species specialized physical characteristics, animal size, and orientation toward the field source —all of which can confound precise data assessment. Sometimes controlled studies correlate with patterns seen in wildlife, e.g., genetic, behavioral, reproductive, and other effects. Where this is the case, more confidence is possible. But often effects to wildlife manifest in the negative —species simply disappear. Nevertheless, increasing evidence has found effects to different species near communication structures in studies where extrapolations to field exposure have been made (2-2). In addition, there have been extensive EMF wildlife reviews published between 2003 and 2021 (10-22). Recently, Levitt et al. (23-25) extrapolated to broad ecosystem level effects for the first time, including extensive tables that match rising ambient levels to effects seen at vanishingly low intensities now common in the environment as chronic exposures, and offer policy recommendations based on existing environmental laws. The measured rising EMF levels in ambient environments (23) certainly elevate concerns, especially with 5G on the horizon using higher frequencies and novel signal characteristics/waveforms that are capable of affecting insects in particular with implications for the entire biome as discussed below. 5G is now increasing as a network platform in many places even as we are trying to figure out how to measure and distinguish its wideband signals from the larger scheme of 3-4G LTE networks with which it interacts. Already some of the unusual aspects of 5G (e.g., significantly higher peak emissions), are distinguishable from the background of other exposures as an environmental factor (26). Discussion It is clear that non -human species experience EMF as environmental stressors and biological effects can occur at anthropogenic levels in our present environment. This largely unrecognized variable can conceivably alter delicate ecosystems, arguably including the biosphere where all living organisms are located —and may, in fact, be doing so. Traditionally, other than in small localized situations, e.g., near powerline corridors or broadcast antennas, ELF/RFR-EMF environmental effects have not been of serious concern to regulating authorities. But this subject now requires immediate attention with 5G on the horizon, as well as a reexamination of chronic rising ambient levels across all non -ionizing electromagnetic frequency ranges today. Investigators have known since the early 1970's how EMF and RF couples with most animal species (128, 129). Given our increasing ambient EMF levels, far more precise understanding of the molecular and cellular processes of electro- and magneto -reception in non -human species is suddenly critical. We may already be overwhelming some species' natural biological sensors that evolved over eons. Electroreception mechanisms, including magneto/electroreceptors, magnetite, and cryptochrome/radical-pairs, enable vast living organisms in all environments to detect the presence of, and immediate changes, in non -ionizing electromagnetic fields at very low intensities across a range of frequencies. Such heightened sensitivities function far beyond human perception and create unique vulnerabilities that can easily be disturbed by novel man-made fields. Since technology changes so fast, no evolutionary adaptation is possible. Radiofrequency radiation is a form of energetic air pollution and should be regulated as such (25). U.S. law (130) [42 USC § 7602 (g)] defines air pollution as: "The term "air pollutant" means any air pollution agent or combination of such agents, including any physical, chemical, biological, radioactive (including source material, special nuclear material, and byproduct material) substance or matter which is emitted into or otherwise enters the ambient air. Such term includes any precursors to the formation of any air pollutant, to the extent the Administrator has identified such precursor or precursors for the particular purpose for which the term "air pollutant" is used." Unlike classic chemical toxicology pollutants in which a culprit can typically be identified and quantified, RFR may function as a "process" pollutant in the air not unlike how endocrine disruptors function in food and water in which the stressor causes a cascade of unpredictable systemic effects. The stimulus in the RFR analogy would be physical/energetic rather than chemical. Long-term chronic low-level EMF exposure guidelines, which do not now exist, should be set accordingly for wildlife; mitigation techniques where possible should be developed; full environmental reviews should be conducted prior to the licensing/buildout of major new technologies like 5G; and environmental laws/regulations should be strictly enforced (25). We have a long over -due obligation to consider potential consequences to other species from our current unchecked technophoria—an obligation we have thus far not considered before species go extinct. In the views of these authors, the evidence requiring action is clear. See the whole report with references: httl)s://www.frontiersin.org/articles/10.3389/fpubh.2022.1000840/full?field=&journalName=Frontiers in Public Health&id=1000840