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HomeMy WebLinkAboutTB Minutes 2021-12-29 Year End Meeting of the Ithaca Town Board Wednesday, December 29, 2021 - 11:00 a.m. lo..w..n of �.th..a..ga Eu b].iL M e in s - YouTube .................... ....... ................... .............. .......... ........................................................... Agenda 1. Call to order 2. Public Hearing regarding proposed local laws associated with Short Term Rentals: (1) A Local Law adding Short-Term Rental Provisions to Chapter 270, Zoning, of the Town of Ithaca Code; (2) a Local Law to add requirements for Operating Permits and Inspections for Short-Term Rental Uses to the Town of Ithaca Code, Chapter 125, titled "Building Construction and Fire Prevention"; (3) a local law amending the definition of Bed-and-Breakfast in Chapter 270, Zoning, of the Town of Ithaca Code and (4) a Local Law amending Town of Ithaca Code Chapter 207, "Rental Property,"revising and adding references to Rentals of Less than 30 Days Consider: SEQR Adoption 3. Discuss Town of Ithaca Vision and Mission Statements and review Town Board Protocol Manual 4. Consider award of the Forest Home Walkway Improvement Project 5. Consider Authorization for the Supervisor to accept and execute the Park Foundation Grant as Financial Agent for the Cayuga Watershed Intermunicipal Organization (CWIO) 6. Consider actions associated with the Town's Deer Management Program 2022: a. Deer Damage Permit application to DEC b. License agreement with Conifer Realty for use of land—Lindermann Creek area c. License agreement with the City of Ithaca for use of land— Six Mile Creek area d. Variance for use of Culver Preserve 7. Consent a. Town Board Minutes b. Town of Ithaca Abstract c. Budget Amendments d. Permanent Appointments—Engineering 8. Resolution of Appreciation a. Pat Leary b. Tee-Ann Hunter Adjourn TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Becky Jordan, being duly sworn, say that I am the Deputy Town Clerk of the Town of Ithaca, Tompkins County, New York; that the following notice has been duly posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the official newspaper, Ithaca Journal: ADVERTISEMENT/ c 1-11NOTICE OF C HEARING NOTICE OF ESTOPPEL NOTICE OF ADOPTION OF PUBLIC INTEREST ORDER TOWN OF ITHACA Notice of Public Hearings �► Short Term It! Rental ll ( ll�) The Ithaca Town hoard will hold a public hearing;at its December"29 2021 meet- ing beginning at 11:00 a.m, The meeting will be held Location Sign o se or Posting: virtually due to Gov. Flotch- ul's Executive Order sus- Town Clerk's Cfliee pending certain provisions 215 North Tloga Street of Open Meetings Law, Ithaca, NY 14 50 The proposed local laws scrciated with Short Terrarm Rentals are: (1) A Local Lathe adding Town website at ww.town,ithaca,n ,us Short-Terra Rental Provi- sions to Chapter 270,:Zon Cciaof the Town of Ithaca Code; (2) a Local Law to I t t add requirements for Caper- > ating permits and Inspec- tlons for Short-Term Rental Date of Publication: December q 2021 Uses to the Town of Ithaca Code, Chapter 125, titled "Building Construction and Eire prevention°°, (3) a local law amending the defini- tion'' of Bed-and-Breakfast l In Chapter 270, Zoning, of the Town`of Ithaca Code eCkJor and (4) a Local Law arnend- y ihang Town of Ithaca Code Deputy Clerk Cpter 207, "Rental p y Fero a rty`° revising and adding references to Rent- als of Less;than 30 Days The meeting's Zoom 10 Is 8868 082 8447 and will also STATE OF NEW YORK) be broadcast on the Town's � `r°ouTubeLive site. Links COUNTY OF TOMPKINS) SS: and the draft laves are post- , p ed to the Town's website. TOWN OF 1 Paulette Rosa Town Clerk 12718/21 Sworn to and subscribed before awe this 21" day of December 202 1. Notary Public DEBORAWKELLEY NOT J'PUBUC,Mn OF NEW YORK Reg6tition No.OIKE6025073 Oiwifiad C ' w `Y i 7,2fl Year End Meeting of the Ithaca Town Board December 29, 2021 - 11:00 a.m. This meeting was held via Zoom and broadcast via the Town's YouTubeLive channel. Minutes Board Members Present: Rod Howe, Supervisor; Members Eric Levine,Rich DePaolo,Bill Goodman, Pamela Bleiwas, Tee-Ann Hunter and Pat Leary Staff Present: Susan Brock,Attorney for the Town;Paulette Rosa, Town Clerk; Joe Slater, Director of Public Works; Mike Smith,Environmental Planner 1. Call to order— 11:O0a.m. 2. Public Hearing regarding proposed local laws associated with Short Term Rentals: (1) A Local Law adding Short-Term Rental Provisions to Chapter 270, Zoning, of the Town of Ithaca Code; (2) a Local Law to add requirements for Operating Permits and Inspections for Short-Term Rental Uses to the Town of Ithaca Code, Chapter 125, titled"Building Construction and Fire Prevention"; (3) a local law amending the definition of Bed-and- Breakfast in Chapter 270, Zoning, of the Town of Ithaca Code and (4) a Local Law amending Town of Ithaca Code Chapter 207, "Rental Property,"revising and adding references to Rentals of Less than 30 Days Mr. Howe opened the public hearing at 11:03 a.m. and reviewed the changes that were made as discussed at the December 13, 2021 meeting. The laws will go into effect on April 1, 2022, clarifications were made about the interplay of non-conforming uses in the Zoning Chapter of the Code and these laws and the amortization provisions and that the Zoning Board of Appeals would be the legislative board to hear amortization requests and made it clear that would not be a variance,but a determination. Mr. Howe noted for the public that these are minor changes to the law that the public hearing was held on last meeting and each person would have two minutes to speak. He asked that members of the public please move to the Town's YouTubeLive channel if they were not planning on speaking and to move there after speaking to make the zoom platform manageable for him and the other Board members. Craig Dunham spoke, saying that he was one of the retirees under which this legislation would allow zero STR days and he was dismayed by the lack of empathy shown by board members during and after the December 13th meeting and hearing from people this law would really hurt. He said it seemed to him that the board had reached a point of groupthink in decision fatigue and so they are no longer thinking rationally about the impact of this legislation. TB 2021-12-29 (Filed 2/7) Pg. 1 Mr. Dunham said he had carefully studied the section which provides an exception for people who had made a financial investment in STR property and created a loophole the size of a barn door that allows professional STRs to continue. He said he spoke to Mr. Goodman on Tuesday who told him he felt the laws as written would prevent this, and the amortization section requires proof of dollars and cents of funds spent prior to April 1, 2022 of substantial investment unique to short term rental use and the word"unique" would prevent an owner who had previously purchased property uniquely for short term rentals from claiming exemption. But, he said, Webster's dictionary has three definitions of unique and the third states "belonging to or connected with only one particular thing place or person" and therefore, any reasonable court would find that purchasing property solely for the purpose of STR would fit the webster definition of being connected with only one particular thing and so that will not help. Mr. Dunham stated that the board has acknowledged on the record that there is a long term pre- existing non-conforming use in the town, which opens up the town to expensive lawsuits once this has passed. He said that because there is no grandfather clause to address this,he is asking anyone who is interested in joining a lawsuit against a town for this unfair restriction of pre-existing nonconforming use to call him at 607-280-6100. Mr. Dunham urged the board not to pass this because you are sick and tired of it, but to instead rewrite it to be narrower and fairer. Mr. Howe noted that the STR Committee has received comments since the last public hearing, and they have been shared with all Town Board members. Carolyn Greenwald spoke saying that she would like to talk about the fact that both sides are not happy and therefore the this is the right compromise, and she has rented her lakefront home since 2007 and in the past couple of years she has rented it more than 265 days and in fact last year it was rented all but one day of the entire year. She said that under this legislation, she will be limited to 245 days and that will mean the property will be vacant and that serves no purpose, and she will probably raise the price to maximize the 245 days she is allowed. That means less people and less tourists will spend their money here and so it again serves no purpose and doesn't work to any of the objectives of the Board because she will still have her house and still be renting STR, and this is just throwing the baby out with the bathwater. Ms. Greenwald said she thought the legislation as written doesn't give the Zoning Board of Appeals enough leeway to consider situations that are positive for the town and not causing harm. She said she truly does not want her neighbors to be disturbed and her rental contract is very detailed and outlines what is and what is not allowed and all the things they will be charged for TB 2021-12-29 (Filed 2/7) Pg. 2 doing and that is all designed to make sure her neighbors are not disturbed because that is very important to her. Ms. Greenwald said at the same time, she wants to bring these tourists and money to the community and benefit herself, adding that she started STR renting because she couldn't find a long-term renter who wanted to deal with the winter on the lake and so she switched to short- term. Susan Terwilliger spoke, saying that she submitted emailed comments but basically, noise and trash can be better managed with the proper leveraging of penalties specifically for STR owners. She said the most obvious way to discourage out of town investors is to limit the number of days per year on unhosted rentals, but the numbers the Board has come up with is like Goldilocks trying out the first bed that was too hard and the second bed that was too soft and so on. Ms. Terwilliger said that 145 days a year for the lake could be attractive to an out of town investor this legislation is meant to discourage and if the Board felt the lakefront should have more unhosted days than the rest of the town then think about 150 for lakefront and 90 for the rest of the town as those numbers would not be big enough to attract out of town investors,but yet would give homeowners some flexibility. She said that both San Francisco and Washington DC allow 99 days per year of unhosted rentals and a three bedroom hosted short term rental would logically be fine for five to six people but under this legislation that isn't allowed except for unhosted, which makes no sense at all and again does not align with the goal of discouraging out of town speculators and restricting hosted short term rentals to only two bedrooms at any one time seems arbitrary and especially penalizes hosts who are not lakefront owners. Ms. Terwilliger said it is because a high cost of living in this area which doesn't pay a cost-of- living wage. She said that she is a guitarist in New York City for many years and there are very few jobs in this area and those dried up with the advent of COVID and her teaching salary does not pay her bills. She said that this legislation will have a minimal impact on her family,but it will on others and she is speaking in support of them and urging the Board to consider them and the community, and the need to attract good musicians and teachers. Laurene Gilbert spoke, saying that she was shocked and appalled after the last meeting that the consensus seemed to be "pass this law and we can tweak it later." She said she wanted to know when it has ever happened that a law was passed with the intention of changing it later,just to "get on with it"because a legislative board has spent too much time on it. Ms. Gilbert said this law is messy at best, and when you consider how many laws are still "on the books"long after they are applicable and how long it takes to change or remove them is reason to not do this as the sentiment of"we will change it later"is a legislator's fantasy. TB 2021-12-29 (Filed 2/7) Pg. 3 Ms. Gilbert said that if the Board does mean to change the law, that is not lawmaking, and the Board should consider that those who spoke were overwhelmingly against it and really think about that. She said that she chose to operate her apartment as an STR with the intention of 1)being able to use it for visiting family and 2)with the idea of perhaps needing it in the future for herself as she is getting older, 73 years old, and she may need nursing care on a 24 seven basis and this apartment would allow her to stay in her home rather than a nursing home. Ms. Gilbert said that she would like to know what the Board was going to do about STR's that stack up on each other on a daily basis or just allow one long-term rental with different people coming and going or is that a scenario the Board is forbidding even though New York State and Medicaid allow that type of use and establishment and she wondered if the Board had thought about those types of other uses for accessory dwelling units and how that will be handled. Michael MacAnanny spoke, saying he has been involved in this issue for four years and he has seen a lot of opinions go back and forth and it seemed to him that the stumbling block is on the number of days and how that affects people's ability to make their ends meet and so forth. He said that most of the residents who live in the Renwick Heights area are opposed to this because they are concerned about the quality of life in the neighborhood and about the safety of their children and grandchildren walking back and forth to the many schools and do on. Mr. MacAnanny said his neighborhood would like to see the law enforcement portion of the law strengthened so that if there are complaints of say more than three complaints in a given period the owner would have to come before the Board and argue for the renewal of the permit and that would allow residents to weigh in on the impacts of a given permit for the Board to consider. He said this process began under a complaint process and he felt the neighborhoods are going to be the ones essentially enforcing this and it is only right that the neighborhood should be able to weigh in because he thought the Town was not going to be able to keep up with the enforcement and monitoring of this. Megan Shay spoke, saying she is a native Ithacan and a retiree and her STR income will be 100% cut by this proposal because of the 185 day principal residence requirement. She said they bought their house as a principal residence in 2014 but an unexpected early retirement changed their plans and their financial picture but being able to return to Ithaca for long or short periods of time throughout the year is critical to the support they give to their daughter and aging parents who are still full-time Ithaca residents. Ms. Shay said that scenario is obviously outside of a long-term rental scenario and she thought there were four important changes that could be made to avoid penalizing moderate income retirees without opening the door to commercial STR operators. TB 2021-12-29 (Filed 2/7) Pg. 4 1. Define the residency requirement as 90 days per year and allow part time owners to provide the reasons and proof of why they have residence elsewhere for tax purposes on the annual application 2. Allow 120 days rental in these cases as no commercial venture STR can be profitable on one fourth of the days in a year yet it enables the average moderate STR to come close to covering annual property taxes. 3. Change the hosted rental definition to include an owner's representative living on site to acknowledge live in property managers as a way of essentially grandfathering in out of state owners 4. Allow proof of former primary residence as of the implementation date of this legislation to protect those being deeply affected by this. Ms. Shay said that none of these suggested changes will allow commercial STR operators to be successful, she really hoped the Board would implement these to mitigate the harm this is causing to moderate income property owners who deserve the Board's support and protection while abiding by the broad consensus to limit commercial STR operators, which is achieved by the other restrictions She said that these small changes will support the success of the working class people who make the community a vibrant and diverse place. Adam Schaye spoke, saying that he had intended to say much of what Lauren stated and he listened to the comments from the last public hearing and there were many comments from the Board saying that they were aware of the flaws in the legislation but you know this will address some problems, and so you want to move forward with the idea of making any necessary amendments later and she thought that was really not a good basis for passing legislation. He said he would use the analogy of a builder coming to build him a house and saying, well, I know the foundation is not perfect and doesn't quite line up with the walls,but the electrical will be done right, so we're just going to build it and we can tear down a room or move things around and you would probably, as a legislative board, tell me that can not be done and I would need to figure out how to fix it before moving forward. Mr. Schaye said he could understand the frustration of spending so much time on a law and thinking it might be a proper law, but the truth is that if it is true you do not think it is a proper bill, it should not be passed. He said the number of days allowed is especially arbitrary and does not address the issues you have stated you want to address and there are better ways to target out of town investors and guessing at numbers is not the way to do it and possibly grandfathering uses in would do it, rather than just passing a flawed law to just"get it done." Mia Slotnick spoke, saying that she wanted everyone to take a step back and really think about their neighborhood where they live and think about whether they would rather have as a next door neighbor; a short term rental business or a neighbor. TB 2021-12-29 (Filed 2/7) Pg. 5 Michael Hayes spoke, saying that he is a longtime Ithaca resident and his wife was recently disabled at age 58 and no longer able to teach and he is a commercial pilot who may not pass his next physical, which will end his career, and as a sunbird couple, they will not be able to keep their house they have owned for almost 15 years if they are forced to leave it empty all but 29 days of the year as that is not enough to cover the five or six months they are away due to her medical needs for certain weather. He said that what struck him as wrong about this law and why it shouldn't move forward is that is sets up a 9:1 ratio or income. If you have a lakefront property, you have 9Xs more opportunity to make the revenue you need to retain your home than if you do not live on the lake and he did not think that would stand the legal muster in litigation and he felt the town was exposing itself to litigation from every homeowner who does not live on the lake on that alone,based on inverse condemnation which is that the highest and best economic value of the property is being destroyed by a government taking or a government regulatory rulemaking with not purpose or no discernible public benefit adequate for the economic loss to the homeowner for their property. Mr. Hayes said that the town isn't paying the bills for any of these properties and never will,but the town will raise taxes from everyone in the town to cover the costs of any litigation which he thought the town would not survive. He added that he had been a party to an inverse condemnation and it is quite an experience if you're on the wrong side of it and the government passes legislation that destroys economic value and a taking. Mike Scott spoke, saying that he lives in Maryland and although his property is not on the lake, it is a four bedroom on over almost half an acre with a driveway of over a 1 Oth of a mile which has been in his family for over 30 years and which they have been renting as a STR for the last six years with approximately 150 reservations and about 120 positive reviews with many of them being families coming to town for a wedding who simply did not want to stay in the standard hotel setting and he has had one noise complaint from a neighbor who texted him and it was addressed right away and the neighbor was surprised to learn that we had been doing this for over 5 years. He said that this limiting them to 29 nights a day is really going to impact his ability to keep the property that has been in his family for years. Mr. Scott said he is an engineer and up to Ithaca quite often and the income from STR makes the property income neutral and allows him to be in Ithaca regularly,probably at lest 15 weekends a year, and the ability to sleep 10 to 12 people, is what families really appreciate; the ability to stay together and enjoy the attractions of the area and it would be really unfortunate that this will cut that back and not allow it. He said he thought the town had noise ordinances in place to deal with that type of problem and have or could have parking regulations to deal with those issues, and this seemed a waste of time and energy and he would be happy to join any litigation and the money the town gets in taxes will be wasted and the money the town is leaving on the table in occupancy taxes and tourist income was just crazy his opinion. TB 2021-12-29 (Filed 2/7) Pg. 6 Mr. Howe stated that he did not see anyone else indicating that they would like to speak and he asked Ms. Rosa if she had received any notifications or communications, which she said she had not. Mr. Howe closed the public hearing at 11:25 a.m. and brought the matter back to the Town Board. Ms. Leary said that many people have commented on this legislation over the years and sometimes an issue doesn't come to the attention of others in the public until the Board is ready to pass the legislation, and then with that, the Board hears things they may not have heard. She said she is concerned about a couple of points that have been raised during this meeting and the last, and that is the wide discrepancy between the number of days allowed on lakefront properties and the rest of the town. She said that she was one of the members of the Committee who was in favor of fewer days, and it wasn't until the Committee reported to the Board on progress and highlights of the draft in progress that members of the Board really insisted that the lakefront number be increased. Ms. Leary said that the change was made because the feeling from the Board was that the legislation would not be passed as a whole, if that number were not increased, and she said she didn't really understand the reasoning behind that, but the discussions centered on the long history of rentals on the lakefront and how they are different from the rest of the town and that having STR makes lakefront living possible and more accessible for people who could not afford to otherwise either by buying a house on the lake or renting for a vacation. She said the rest of the Town does not seem to perceive that the same way, and instead feel that we are giving special privileges to the lakefront owners, but she felt that was not the intention. Ms. Leary said she felt if the number of days for lakefront homes is allowed at the proposed number it will increase the price of lakefront homes because of the potential rental income. She said that she felt it would be best to bring the number of days back to the original number she remembered as about 80 days which will cover the summer season or homeowners can break that up throughout the year and it would still provide, in her opinion, ample income for owners of lakefront homes and it would lessen the perception that the Town is not being fair to the rest of the town. Ms. Leary said the other comment she wanted to address was the impact on retirees who do spend a considerable amount of time in Ithaca but not necessarily half the year and, there are ways to prove your residency on your taxes so that could be checked to make the residency requirement less restrictive and go a long way towards helping people who use their homes in that way, like "snowbirds" and allow them to retain their homes. Mr. Leary said the 29 day maximum people are upset about could be from a misunderstanding because she thought the definition was less than 29 days by more than one tenant, so someone that rents a room or rooms or ADU for 30 days is not a short term rental and that would cover the TB 2021-12-29 (Filed 2/7) Pg. 7 example of the healthcare workers here for a month or tow or three. They would not be considered short-term renters. She closed by saying that any thought of dragging this on past the four years it has already been worked on is not something she wants, but little tweaks would be something she could agree with. The rest of you thought that it does need some tweaking in those areas I wouldn't be personally upset if you wanted to extend it a little bit,but the Board has already said they are willing to amend it, so her preference was to pass it as is and then tweak it,but she also would not be upset if it was pushed out a few months to make those adjustments now, as long as it doesn't drag out for months or years. Mr. Goodman spoke, saying that he had a lot of comments,but wanted to address Ms. Leary's comments first. He said that the Committee always knew the lakefront was going to be a difficult area to address and that is why over four years ago, the intent was to not even address lakefront property, and just focus on medium-density and high-density residential areas where the complaints were, but through drafting the legislation it was found that the whole of the town had to be addressed as a whole but the different zones could be different. Mr. Goodman said that he had always thought that the lakefront was unique and would be handled uniquely because historically lakefront rentals have been done for decades, before these STR platforms were a thing, and people just advertised them in newspapers and word-of-mouth, and lakefront rental use has allowed many people to have access to the lake themselves and give that access to many others who otherwise would not have that access because they can't afford a home of their own on the lake. He said in his mind, the Town is of a dual nature in many ways; a resort or vacation community and a residential, long-term community. He said that other major vacation or resort towns may have legislation much different than ours because resort or vacation rentals are the predominant use, but here they are not. Mr. Goodman said the Town has other zones that are much more suburban and other areas that approach an urban definition, so the Town is unique, and this legislation is therefore unique, creating different regulations for different zones that allow people to do certain things in certain parts of the town that cannot be done in other parts of the town. He reiterated that because of the historical nature of STR on the lakefront, people who live and have lived on the lake are accustomed to that use and the constant change of people in and out, especially during the summer season, and so anyone buying a house on the lake has those expectations whether they are buying the house for their own primary residence or to use themselves as a vacation home and STR. TB 2021-12-29 (Filed 2/7) Pg. 8 Mr. Goodman said that putting these regulations in place addresses the argument that by giving them more days is going to make investors look at these homes and that it will drive up the price by setting some limits. He said he sees a couple of faults but he was willing to listen to thoughts on that,but currently, there are no restrictions on the lake and if investors wanted to buy up properties, they could have done that in the past and there hasn't been a lot of lot, other than the one we heard about where someone bought up three adjoining homes and advertised them as a wedding venue or a place with a very large extended family to stay close to one another. Mr. Goodman stated that lakefront homes have always been expensive, and wealthy people are the ones that can afford them,but this legislation will help curb some issues yet allow historical vacation rentals to continue. He added that it was important to him that lakefront rental is available for regular people and people from the Town and the county and he did not feel it was unfair to other areas of the town that did not have that extensive historical use. Mr. Goodman added that the Comprehensive Plan has areas on South and East Hill that are anticipated to have higher density and people in that area may not like that either, but it is the overall Plan to benefit the town as a whole and people could say, well, that isn't fair to me because I am over the line in another zone, but that is zoning. Some benefits for the greater community throughout the town are not going to be popular either. Rich DePaolo said that he agreed with the vast majority of what Mr. Goodman said, especially about the nature of zoning, but he wanted to specifically address some of statements heard by the Board because he feels that they were based on a misunderstanding or assumptions that he didn't agree with. He said that the comment that Ms. Greenwald and many lakefront owners have brought up, the issue that if we somehow limit the number of days on the lakefront that is going to result in a limitation or disincentive to tourists and it's going to impact our economy, and he felt the Committee has taken that into consideration and tried to balance the overall availability of units throughout the town and throughout the lakefront with the demand and if certain properties are limited by the proposed number of days, the demand will be met in other areas of the town, so he did not see that as causing a decrease in tourism or tourism dollars, but instead the demand would be spread out amongst available hosts. Mr. DePaolo said the comment from Ms. Terwilliger who asked the Board to impose greater fines cannot be done because the Town is limited by New York State law on the fines and fees that can be imposed. He said that Lorraine's concern, and others, that the Board is going into this with the intention of modifying the law, is not what has been said,but rather that there is the possibility of changes in the event of unforeseen consequences and he felt that although the legislative process is not perfect, as it is not perfect at all levels of government, all legislation comes with a certain degree TB 2021-12-29 (Filed 2/7) Pg. 9 of disagreement and elements that everyone is not going to agree with what is said or presented, but the attempt is to balance all those disparate views. There is no intention to modify the law, but the Board does have the ability to do so in the event of unforeseen consequences. Mr. DePaolo said another issue is what constitutes a taking and he presumes that that the idea of pre-existing non-conforming only applies when the zoning ordinance that was in place at the time the practice was being undertaken was legal and, in the vast majority of the cases, the short term rental practice exceeded the Town's occupancy limitations and was therefore not a legal practice, and that the practice was a legally complied use to begin with would need to be established in order to make that argument. He added that in some cases, that may be true,but the idea that this legislation is a taking and somehow the Town is limiting people's ability to extract value from their properties, in his opinion, was not true. Mr. DePaolo said the final comment he wanted to mention was the one about someone thinking ahead to if they became sick and needed someone to come and live-in for help,but that he thought that was a different situation and doesn't fit in this discussion. Ms. Hunter said that she wanted to thank Ms. Leary for her comments, and she agrees with the majority of them. She also urged the Board to really take some time to think of this through a little bit more. Ms. Hunter also said that she wanted to respond to Mr. Goodman's comments about zoning; saying that she didn't see how granting 245 days to the lakefront owners hosts, of which there are 112, and make an exemption for the primary residence requirement is a benefit for the greater community and that it was a weak argument. She said she thought there were some serious equity issues with this legislation, and she would encourage the Board to listen to what some people have brought forward and perhaps look at the special permit requirements and see how those might be modified to enable people who have owned primary residence in the town for many years and would like to continue to do so even when they live elsewhere for a significant time can do so. Ms. Hunter said that she felt there was still some work to do on this law, and although she was very aware it has taken a very long time and the Committee has gone to great lengths to incorporate the comments that were heard, there are still problems and the community has brought those problems to our attention over the last two meetings and more and out of respect for the people the Board serves, those should be taken seriously. Mr. Levine said he really appreciated all of the public comment on this and had heard a lot of different and reasonable opinions about the how the law could vary, but he was still prepared to vote in favor of the legislation right now because he believed that even in its current form, it is much better than not having any law at all, and it balances the various impacts. TB 2021-12-29 (Filed 2/7) Pg. 10 He said to try and make legislation that would make everyone happy and that everyone would agree on is never going to happen, and although he would be in favor of going to 60 or 90 days for hosted rentals, he is not going to stop what is otherwise a good law from moving forward based on his personal view. Mr. Levine said he would be open to changes in the future and did understand the comments from people about passing something that the Board believes will need to be changed,but he did not believe there was a majority of people on the Board who were willing to go in that direction. He added that there may be a time in the future, and he would be interested in participating in that, when a review is done, based on comments as this rolls out and under a new membership of the Board,but right now, a majority wants to move forward now. He said that as for the legality of it, the Town has extremely competent counsel and the Committee and the Board always makes sure any legislation gets a lot of attention and review by our counsel before it gets to this point. Mr. Howe noted that the public is using the chat feature,but he was not paying attention to that in order to focus on the Board discussion and as the public hearing has ended. Ms. Bleiwas spoke again, saying that as one listens to the comments over the last two meetings and over the last few months and even years, you see that people in town want to write this legislation; no limits on the lake, no limits on anybody, special exemptions for people who have moved but retained their house, and we could have 20,000 versions of this to satisfy ever single person and that can't happen. She said she felt a lot of the law was very good and the concept of limiting the number of nights to discourage the use of properties at STR income properties is a very good thing to do and she has always been a proponent of no limitations on the lakefront other than the registry and inspections, but the compromise of 8 months is fair and reasonable and people saying that people on the lake are being treated differently than people who are not, that is what zoning is. Property is treated differently in many of the zones in the Town and that is perfectly legal and the Town has done everything it can to ensure that is the case and there is legal precedent in New York State that we believe we are well within, and if it is not, then the law will be modified by the courts. Ms. Bleiwas said laws are often challenged and this is the process of lawmaking and overall, it is a decent law and she addressed the gentleman that stated that you don't build a house on a bad foundation knowing that you are going to rebuild it; sometimes you build a cabin thinking that one day you'll add on when your family grows, and that is more of how she saw this. Setting some parameters and knowing that if things changes or if it doesn't work out the way we hope, there are ways to modify it. She told a story about a conversation this past Christmas with a friend who owns property in Ft. Lauderdale, and,yes, a little different than Ithaca,but it is a vacation place, and this friend has been renting STR through Airbnb and they were planning to retire there from New Jersey, and they were approached by a corporation that is buying up Airbnb properties and offered 40% over TB 2021-12-29 (Filed 2/7) Pg. 11 market rate. She said that is scary, and that tells here that we need to protect our properties right now, with this law, even though it isn't perfect, it is good enough to start that protection and make a stand to set limitations on unhosted rentals to protect our housing stock, which to her was the prime reason for this legislation. Ms. Bleiwas said she hopes people will continue to communicate with the Board about the law and how it is working and ways that it could be tweaked. She added that there has been a lot of pushback from realtors on this and she that is because taking the STR rental value from the houses will affect the housing prices, so it is in their interest to oppose it. Mr. Howe said there have been other laws the Town has had to revisit and change as it became necessary or warranted. Mr. Goodman wanted to make a statement We have gotten to a point that we are all very tired of this and we just want to move it on and group think is taking over. So yes, for folks who have sort of come to this recently it may look like it we're just rushing this through, because we're tired, but for those of us who have been involved with this for four and a half years it's not, I don't believe, the case. We are ready to pass this now because we have spent so much time thinking about it, and we have thought about lots of different implications and effects that this law might have and now some folks are coming to us now at the end because they've just recently heard about it and so they think that they're bringing to us new information but most of what we've heard we've already talked about in the past, the comments we have heard recently and probably a little bit more the last public hearing and this public hearing about the snowbird issue. But I will remind folks that about three or so years ago, we had a large public hearing in the town boardroom where we invited everybody to come and we had about 50 or 60 people there, and we heard from a retired couple that lives in Enfield and had a residence in one of our agricultural zones and they rented it out,just as a short term rental, and so this idea of retired people who don't live in the town of Ithaca anymore but want to keep a short term rental is not new to us, and we decided in that case, and one of the things I would suggest is, we could, if we wanted to accommodate those folks, we could apply to the agricultural zones what we talked about doing in the lakefront zones. But town board has decided no, we don't want to do that, we're going to treat the agricultural zones is same way we treat low density medium density and high density zones, so those retired folks from Enfield, they're out of luck and they haven't been around in any of our recent comments, but as I said, we've been dealing with this issue of retirees who have left the town of Ithaca and don't live in the town of Ithaca, and not being able to have a short term rental in the town of Ithaca years ago when talking about this issue. The sunbird issue to me is not really a new issue, even though some folks who are just finding out about our short-term rental regulations think that they might have their own special circumstances. TB 2021-12-29 (Filed 2/7) Pg. 12 So again, this this goes back to sort of the nature of legislation; one of the purposes of this law was to preserve housing stock in the town of Ithaca for long term use, either long term rentals or long-term permanent residence and that is just one of a number of issues. Other issues were the neighborhood quality of life, and the noise and the parking problems and complaints we'd heard about. There are other reasons; the safety of units, the safety of tourists and guests who are staying in places and inspecting those are the multiple reasons for enacting this law. Each town board member is separately elected and we all respond to the voters of the town, and we can all decide which reason is primary for us, and it might vary from issue to issue for each of us, but as I have said in the past that, for me, the reason I first got involved in wanting to deal with this issue was to address the neighborhood's complaints about constant churning of people next door to them and the noise and parking issues, but other issues do have resonance for me, at times, and so, for this particular issue of the sunbirds, to me, the issue of our wanting to keep housing stock in the town for long term use rises to the fore and so that's why I am willing to draw my line. We draw our own lines at different places along the different spectrums of the issues were dealing with. And so, for me, if somebody has truly retired out of the town of Ithaca so they're not actually town of Ithaca residents anymore, I am willing to draw the line there and say no, sorry, we're not going to let you use what, even if it used to be your primary residence in the town of Ithaca, as an STR because it is no longer we're you live, but you can use it for a long term rental use,you can still rent it out, and if you want to rent it out on an academic year and come back in the summertime for a couple of months from Florida fine, that's a long term rental use of that unit,but that's where I am drawing my line personally. As I have said, when we're dealing with a complicated issue, in a complicated law like this, each of us on the town board gets to decide for ourselves which issues are primary importance and where we're going to draw lines, and then we see where the majority of four town board members will fall and that's the way legislation works at any level of legislative body. I am sorry if some people are just sort of getting attuned to this now and just realizing that. A German politician said legislating legislation is like sausage making, and it's not pretty sometimes, and if you get into the details, it can seem very convoluted at times,but what we're trying to do is we're trying to see where a majority of the elected representatives of the voters of the town of Ithaca are going to fall on a certain issue, and this is how we do it and that's how representative democracy works. As to the complaints about well, this is, you know this is messy lawmaking, so we shouldn't ahead well, as I said, legislating is messy but that's how that's how it works To respond to a particular comment about well knowing it's a flawed law, and so we should not go ahead with it, I would respond that we don't know that it's a flawed law yet. Some of us may feel that there's some pieces of the law that we would prefer not to be there. but we do know that in the future, it's subject to amendment and that's not a revelation of some big secret and we're that we are trying to hide something and just push this law through because TB 2021-12-29 (Filed 2/7) Pg. 13 we know that in the future, it might be amended, that's just a fact and there are lots of laws at all levels of legislative bodies that get amended after they are passed because the legislature, the assembly or the senate realizes okay, we put this law into place,but it's not quite working the way we thought, so we're going to amend it and that is what happens. To say that we should not move forward,because we know it's a flawed law now, that is the decision that each of us makes on our own. Whether we're willing to, whether the one point of the law or a couple of points of law that we think personally, we might not agree with, and will not work out the way we thought they would, we all still decide whether we think that the law as a whole is the best compromise, we can work out right now and put something in place, and that is what a compromise is. I have told other people and I have said this in the press, that there are folks on all ends of the spectrums with multiple issues and there's multiple spectrums, not just one spectrum and so we are trying to find some balance. As the cliche goes, if you find some balance somewhere in the middle and you got people on both ends pissed off at you, then you're probably somewhere around the right balance, and so I think for me that's where we are right now. Not everything in this law is what I necessarily would have done if I was writing it by myself, and as Ms. Bleiwas was saying, if we had everybody write their own laws, we'd have 20,000 laws for the 20,000 residents of the town,but we do have to, at some point, come to some compromise and I feel that the compromise we have today is something that I can live with.,yet I will admit, if we find out some time in the future that it's not working quite right, or we can make some other change, it might get amended at some point and that's just an admission of fact, not an admission that we're just trying to push something through because we're tired of dealing with it after four and a half years. The final thing I will say is that the folks are talking about oh,you know, taxes are so high, you gotta let us make as much money off of our houses as we can because it is required to pay the taxes, well I am sorry but I don't feel it's my responsibility as a town board member to help you figure out a way to maximize the amount of short term rental income you can get from your unit, that is just not my role as a town board member, and so I'm not going to really take that into account. I will point out to people that the majority of your real estate taxes are the school taxes, the school district generally is about two thirds of your real estate taxes, and we all get to vote, at least if we're residents of the school district, of course, not the sun birds, who have retired elsewhere and who are not residents and voters, but all of us who live here can vote on the school board budget every year and so we help determine on our own by our vote in May, how much our school taxes are going to be and, as I said, that's the majority of the taxes. Again, getting back to the sort of spectrum and the balance, I am willing to allow some folks in the town, people who are permanent town residents, who have a spare bedroom or two, to rent that out to earn a little bit of money to help defray some of the taxes and I will point out again that the town taxes are the smallest portion of your total real estate tax bill,because the TB 2021-12-29 (Filed 2/7) Pg. 14 county has taxes, and they are a little bit higher than the town taxes, and I am willing to let people rent out their house for a little bit of time when they're on vacation or their house is vacant and they want to make a little bit of money, or if they want to make some money off of Cornell graduation weekend and Ithaca College graduation weekend, band if they want to make a little bit of money by short term rental then to help defray the town taxes, I am willing to do that, but that's where I draw the line and that's where I fall on that spectrum of that issue and concern and I could probably go on a lot longer, but I think I have made the major points I wanted to make and just to explain why I think I am ready to vote today, and why I am planning to vote yes. Mr. DePaolo also had a statement, saying I do want to go back to the core reasons why I think we entertained this legislation. To begin with, number one, as has been identified, is to bolster the long-term housing market, both for renters and buyers and there are quality of life issues. I think we accomplished the first goal by limiting the ability to do short term rental to principal residence for the most part. The idea was also to balance the quality of life and housing market issues with the reality that people do supplement their income to offset their taxes and mortgage by using their principal residences for short term rentals. I think we've accomplished that by the number of days. We've considered in the majority of our zones to take taxes into consideration and we're also not limiting anyone's ability to extract maximum value as a hosted rental, so I think we also have accomplished that. I think when you go down the list of 4, and you go down the checkboxes, I think that we have struck a balance between the initial intent of the law, which was to allow people to offset their cost of living to make a home ownership more affordable,but our intent was never to sanction a hospitality boomtown. That practice has been ongoing, largely in contravention of the occupancy limitations in our current zoning law, and so it was not our job to say, turn the town of Ithaca into a tourist mecca. We recognize the tourists demand and we've taken that into consideration, and I think we've struck a balance. As other people have said, if it turns out over time that our calculations are inaccurate or some unforeseen consequences occur, we can certainly entertain amendments down the road, but I appreciate everyone's time and effort it's been a long haul. Ms. Leary wanted to thank Mr. Goodman for everything he has done over the past four years and her greatest concern is preserving the housing stock for long term renters and this accomplishes that. Mr. Howe said he also wanted to than the Short-Term Rental Committee. Mr. Goodman wanted to quickly address the 29 days and remind people that that number has been in the draft for years and was the initial number after considering the college and festival weekends, and adding some more for owner's own vacations, but there was a rationale for the number, it wasn't plucked out of thin air and the Village of Cayuga Heights, which is part of the TB 2021-12-29 (Filed 2/7) Pg. 15 Town but has their own zoning, set their law at 14 days for unhosted and 29 days for hosted, and some folks have urged us over the years to follow suit, so obviously, we are a lot less restrictive than that and the Town of Dryden also passed 29 days,but neither of them have lakefront, but we said no, we are not going to limit hosted nights. Ms. Hunter made a statement to the Board that she wanted them to think about: You really are privatizing access to the lakefront in the community and since my involvement in the town which started 20 years ago, I have always urged the town in whatever limited capacity that I had that they should be buying some lakefront because they need to provide public access and you didn't do it. There are people on this Board telling me, oh, we will never do that, and you never have, and stated that we couldn't afford to do that, and I have told the Board they should set up a reserve account to save money so that they can do that and now you are turning that over to private people to provide access to the greatest resource that your community has. I think we should be a little ashamed of ourselves that we haven't done that and that we count ourselves as a community that really values equity, well, this is an area in which we have not acted that out. I am almost broken down and I am almost going to vote for this, but, here's the thing, you have got that hotel tax that goes to the county and I have said this repeatedly, and I don't know what authority you have over this,but you need to investigate this, that the hotel tax should somehow go to the town. That should not go to the tourism bureau, if we want a tourism bureau, we have to fund it some other way than through a hotel tax for renting properties within the town of Ithaca, that should go to the town of Ithaca, and it should be set aside to buy some lakefront property for this community. SEQR Reaffirmation Mr. Howe noted that SEQR was passed at the last meeting,but since some changes were made, this is essentially a reaffirmation of the SEQR. TB Resolution 2021-159: SEQR Regarding (1) "A Local Law Adding Short-Term Rental Provisions to Chapter 270, Zoning, of The Town of Ithaca Code," (2) "A Local Law Amending Town of Ithaca Code Chapter 207, "Rental Property," Revising And Adding References to Rentals of Less Than 30 Days," (3) "A Local Law Amending The Definition of Bed-And-Breakfast In Chapter 270, Zoning, of The Town of Ithaca Code, and (4)A Local Law To Add Requirements For Operating Permits and Inspections For Short-Term Rental Uses To The Town of Ithaca Code, Chapter 125, Titled "Building Construction And Fire Prevention." Whereas, this action is the proposed enactment of: 1. "A Local Law Adding Short-Term Rental Provisions to Chapter 270, Zoning, of The Town of Ithaca Code", and TB 2021-12-29 (Filed 2/7) Pg. 16 2. "A Local Law Amending Town of Ithaca Code Chapter 207, "Rental Property,"Revising and Adding References to Rentals of Less Than 30 Days", and 3. "A Local Law Amending the Definition of Bed-And-Breakfast In Chapter 270, Zoning, of The Town of Ithaca Code", and 4. "A Local Law To Add Requirements For Operating Permits and Inspections For Short- Term Rental Uses To The Town of Ithaca Code, Chapter 125, Titled "Building Construction And Fire Prevention"; 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 these local laws; and Whereas, the Town Board, at its regular meeting held on December 13, 2021, 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, and Whereas, as a result of Town Board discussion at its December 13, 2021 meeting of the public comment and proposed local laws, the Town Board agreed to make substantive changes to the proposed local laws (date changes in all four laws and clarification of the interplay between amortization provisions and the nonconforming uses article in Chapter 270, Zoning); now, therefore, be it 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: Rod Howe Seconded: Rich DePaolo Vote: Bleiwas, Leary, Hunter, Howe, Goodman, Levine, and DePaolo Adoption of Local Laws Mr. Howe noted that the vote is to adopt the local laws associated with Short-Term Rentals as a whole. TB Resolution 2021 — 160: Adoption of(1) "A Local Law Adding Short-Term Rental Provisions to Chapter 270, Zoning, of The Town of Ithaca Code," (2) "A Local Law Amending Town of Ithaca Code Chapter 207, "Rental Property," Revising And Adding References to Rentals of Less Than 30 Days," (3) "A Local Law Amending The Definition of Bed-And-Breakfast In Chapter 270, Zoning, of The Town of Ithaca Code, and (4)A Local Law To Add Requirements For Operating Permits and Inspections For Short-Term TB 2021-12-29 (Filed 2/7) Pg. 17 Rental Uses To The Town of Ithaca Code, Chapter 125, Titled "Building Construction And Fire Prevention." Whereas, there has been an incremental increase of unregulated short-term rentals in the Town of Ithaca and across the United States over the last several years, which has caused public safety and health concerns such as increased noise, trash, traffic, and parking impacts to local neighborhoods and communities, and Whereas, to combat these secondary effects associated with short-term rentals, the Town of Ithaca Short-Term Rental Committee began to discuss ways to establish appropriate regulations for short-term rental uses that would 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 purposes of the proposed local laws are to protect the health, safety and welfare of the community and of persons occupying short-term rentals; to prevent to the greatest extent practicable public safety risks and other impacts associated with short-term rental uses; to protect neighborhood character and minimize the impact of short-term rental uses on neighbors and residential properties; to protect property values of the community; to protect housing affordability within the community for long-term residents, whether owners or renters; to 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; to 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 to promote the efficient use of housing stock, and Whereas, the proposed short-term rental provisions were created and discussed, with significant public input, at many meetings of the Town's Short-Term Rental Committee starting in July of 2017, and continuing through 2021, and were also discussed at various Town Board meetings and study sessions over those four and a half years, and, Whereas, on October 13, 2021, the committee referred their final draft proposal to the Town Board for consideration, and afterwards the Town Board discussed further changes to the draft, and Whereas, on November 8, 2021, the Town Board of the Town of Ithaca scheduled a public hearing to be held by said Town Board on December 13, 2021, at 5:30 p.m., to hear all interested parties on the proposed local laws, 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 on behalf of or in opposition to said proposed local laws, 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 laws is a Type I TB 2021-12-29 (Filed 2/7) Pg. 18 Action for which the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of these local laws, on December 13, 2021, 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, as a result of Town Board discussion of the public comment and proposed local laws, the Town Board agreed to make substantive changes to the proposed local laws (date changes in all four laws and clarification of the interplay between amortization provisions and the nonconforming uses article in Chapter 270, Zoning) and scheduled a public hearing to be held by said Town Board on December 29, 2021, at 11:00 a.m., to hear all interested parties on the proposed revised local laws, now entitled: 1. "A Local Law Adding Short-Term Rental Provisions to Chapter 270, Zoning, of The Town of Ithaca Code", 2. "A Local Law Amending Town of Ithaca Code Chapter 207, `Rental Property,' Revising And Adding References to Rentals of Less Than 30 Days", 3. "A Local Law Amending The Definition of Bed-And-Breakfast In Chapter 270, Zoning, of The Town of Ithaca Code", and 4. "A Local Law To Add Requirements For Operating Permits and Inspections For Short- Term Rental Uses To The Town of Ithaca Code, Chapter 125, Titled `Building Construction And Fire Prevention"'; 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 on behalf of or in opposition to said proposed local laws, or any part thereof, and Whereas, pursuant to SEQRA, the Town Board of the Town of Ithaca, acting as lead agency in an environmental review with respect to adoption of these local laws, on December 29, 2021, reaffirmed its 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 Town of Ithaca Comprehensive Plan; Now, therefore, be it: Resolved, that the Town Board of the Town of Ithaca hereby adopts the following: 1. Local Law 16 of 2021: A Local Law Adding Short-Term Rental Provisions to Chapter 270, Zoning, of the Town of Ithaca Code, 2. Local Law 17 of 2021: A Local Law Amending Town of Ithaca Code Chapter 207, "Rental Property,"Revising and adding References to Rentals of Less Than 30 Days, 3. Local Law 18 of 2021: A Local Law Amending the Definition of Bed-And-Breakfast In Chapter 270, Zoning, of The Town of Ithaca Code, and 4. Local Law 19 of 2021: A Local Law to Add Requirements for Operating Permits and TB 2021-12-29 (Filed 2/7) Pg. 19 Inspections For Short-Term Rental Uses To The Town of Ithaca Code, Chapter 125, Titled`Building Construction And Fire Prevention"; and be it further Resolved, that the Town Clerk is hereby authorized and directed to file the local laws with the Secretary of State as required by law. Moved: Rod Howe Seconded: Rich DePaolo Vote: ayes—Howe, DePaolo, Hunter, Leary, Levine, Bleiwas and Goodman Mr. Howe thanked the Committee members for all their work over the past four years. Added Item—Discuss Town Mission and Vision Statement and Board Protocol Manual Mr. Howe noted that the mission and vision statements have been a work in progress and asked for any comments on the current draft. Ms. Hunter said she would like to see action items to accompany this vision statement and asked if the intention was to come up with some goals and strategies to achieve this vision statement. Mr. Howe responded that Ms. Drake started this idea and she was very clear that they should be followed by goals and strategies. He added that at the management retreat, each department head was asked how they felt their team and efforts fit into these statements and how they would set goals and implement strategies to meet them. Ms. Leary said that unlike corporate or non-profit statements, we are a government who drafts laws and actions based on the need at the moment and being to specific might tie our hands. Mr. DePaolo had some grammar suggestions, saying the "quality of life"needs a modifier. Mr. Levine commented that he has ben involved in this type of strategic planning and although the town is not engaged in that type of process, it is good to have these as a basis for determining values and making decisions and this is a good thing and a good start. Some discussion followed and Mr. Howe stated that the goal is to have this ready for the launch of our new website and to keep thinking about it and send comments to him. Mr. Howe turned to the Protocol Manual and asked for comments. Mr. DePaolo stated that he had a number of comments that could probably be discussed offline as this is an internal document. Ms. Hunter had concerns regarding the 3-day timeline for materials to the board and public. TB 2021-12-29 (Filed 2/7) Pg. 20 Ms. Leary had concerns with a sense that the Board was delegating more autonomy and policy setting to the management team. Discussion followed and it was decided that this would be pulled from the organizational meeting and discussed at P&O and brought to the study session. 3. Consider award of the Forest Home Walkway Improvement Project Mr. Howe noted that this is the second time this has gone out to bid and they did come in lower this round. There were no questions from the Board. TB Resolution 2021 -161: Award Contract for the Town of Ithaca Forest Home Walkway Improvements Proiect and Authorize Supervisor to execute same Whereas on December 14, 2021, the Town of Ithaca Director of Engineering (Director) received bids for the Town of Ithaca Forest Home Walkway Improvements Project (Improvement), for the removal, grading, and replacement of approximately 510 L.F. of existing walkway with a new gravel surface and 28 precast concrete steps, clearing and grubbing, installation of associated storm drainage features, 416 L.F. of new railing, 47 L.F. of new concrete sidewalk, 15 L.F. of new granite curbing, along with other work therewith, and Whereas the Director has reviewed the bids and qualifications of the bidders and has determined that the lowest responsive bid of$262,000.00 for the project was made by the lowest responsive bidder,Procon Contracting, LLC, P.O. Box 1037, Vestal,NY, 13851 and Whereas, pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, approval of said Project, including acquisition of associated easements and rights-of-ways (Easements) is an Unlisted Action for which the Town Board, acting as the lead agency in an environmental review of the Improvement, made a negative determination of environmental significance on August 9, 2021, after having reviewed and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3, and Whereas on September 13, 2021, the Town Board authorized and approved the Improvement, including Easements, at a total cost not to exceed $320,000, and authorized the Supervisor to execute same, subject to review by the Attorney for the Town and after the end of a permissive referendum period pursuant to the provisions of Town Law §220(3), and Whereas the referendum period has expired, with no petitions against the Improvement being received, and Whereas, Barton and Loguidice, D.P.C. has provided a proposal totaling $6,000 for construction inspection services; now, therefore be it TB 2021-12-29 (Filed 2/7) Pg. 21 Resolved that the Town Board authorizes the award the Town of Ithaca Forest Home Walkway Improvements Project contract to Procon Contracting, LLC, and authorizes the Town Supervisor to execute same, subject to review of the contract documents by the Director and the Attorney for the Town, and be it further Resolved that the Director is authorized to approve change orders to said contract, not to exceed $27,000.00 in aggregate, upon receipt of appropriate justification, and be it further Resolved, that the Town Board approves and authorizes the Town Supervisor to execute a supplemental agreement for construction inspection services with Barton and Loguidice, D.P.C., not to exceed $6,000, subject to review by the Attorney for the Town, and be it further Resolved, that the Town Finance Officer is authorized to make the following 2021 budget amendment for the Improvement: From: A8540.500 Capital Projects $180,000 To: A7110.527 Forest Home Walkway Improvements $180,000 Moved: Tee-Ann Hunter Seconded: Rich DePaolo Vote: ayes—Hunter, DePaolo, Leary, Levine, Goodman, Bleiwas and Howe 4. Consider Authorization for the Supervisor to accept and execute the Park Foundation Grant as Financial Agent for the Cayuga Watershed Intermunicipal Organization (CWIO) Mr. Howe noted that the town has been a part of the CWIO and administrative agent for many years and this is a continuation of that role. There were no questions from the Board. TB Resolution 2021 - 162: Acceptance of and Authorization for the Town Supervisor to execute the Park Foundation Grant 21-679, 21-718 for 2-year funding of a Watershed Manager for CWIO as its Fiscal Agent Whereas the Cayuga Lake Watershed Intermunicipal Organization applied for and received a grant from the Park Foundation for$180,000 over two years for support of a Watershed Manager with the Town acting as its Fiscal Agent, now therefore be it Resolved that the Town Board hereby accepts the Grant and authorizes the Town Supervisor to execute the necessary documents to complete the Grant. Moved: Tee-Ann Hunter Seconded: Pamela Bleiwas Vote: ayes—Hunter, DePaolo, Howe, Leary, Levine, Bleiwas and Goodman TB 2021-12-29 (Filed 2/7) Pg. 22 5. Consider actions associated with the Town's Deer Management Program 2022: Mr. Howe noted the memo from Mike Smith and asked for questions. Mr. DePaolo asked about the reference to three not recovered, and if that meant they are assumed killed? Mr. Smith responded that two were found the next day and one was not, but the hunters felt it was a good shot. Mr. DePaolo turned to the map and asked what the cross-hatching was about. Mr. Smith responded that that is the area that we are focusing on and DEC wanted the boundary notated and we are looking to pick properties in that area. Mr. DePaolo asked about the deer-crash numbers and they are out of date and so although it might be a good baseline, it would be good to know whether there was a decrease at some point. Mr. Smith responded that 2020 and 2021 were fully active years. Mr. Goodman added that when this was first proposed, there were a number of farmers who wanted to be included and they are on the outskirts of the town and the DEC wanted us to focus more into the town because they said the farmers could get their own nuisance permits. a. Deer Damage Permit application to DEC TB Resolution 2021-163a: Authorization to Submit a Deer Damage Permit Application to the NYS Department of Environmental Conservation for 2022 Whereas,in May 2017, the Town of Ithaca Conservation Board presented a report (titled"Deer Management: Recommended Actions for the Town of Ithaca") to the Ithaca Town Board regarding the overabundance of White-tailed deer in the Town of Ithaca; and Whereas,this report outlined the history and justification of deer management(health and human safety, ecological, agricultural losses, car-deer collisions,NYSDEC Deer Management Focus Area), provided a review of local deer management programs in Tompkins County (Village of Trumansburg, Cornell University, Village of Cayuga Heights, Village of Lansing), and provided recommendations for a potential Town of Ithaca deer management program (form sub-committee, utilize NYSDEC Deer Damage Permits for a Town program, measure impacts of deer to asses effectiveness of program, coordinate efforts with adjacent municipalities and Cornell University, etc.); and Whereas,in September 2017 the Ithaca Town Board established a Deer Management Committee which met several times in spring and summer 2018 and held a public meeting in May 2018 seeking feedback on the report and the potential of starting a deer management program, with the feedback received being very positive; and TB 2021-12-29 (Filed 2/7) Pg. 23 Whereas,pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the establishment of this Deer Management Program and submission of annual Deer Damage Permit applications is an Unlisted Action for which the Town of Ithaca Town Board, acting as lead agency in an uncoordinated environmental review with respect to these actions, has, on February 11, 2019 ,made a negative environmental determination of significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2 and 3; and Whereas,the Town applied for and received a Deer Damage Permit from NYSDEC in February 2019 and conducted the program at three locations,resulting in the harvesting of one deer; and Whereas,the Town applied for and received a Deer Damage Permit from NYSDEC in January 2020 and conducted the program at six locations,resulting in the harvesting of 20 deer; and Whereas,the Town applied for and received a Deer Damage Permit from NYSDEC in January 2021 and conducted the program at nine locations,resulting in the harvesting of 42 deer; Now, therefore,be it Resolved, that the Supervisor of the Town of Ithaca,is hereby authorized and directed to file a new Deer Damage Permit application with NYS Department of Environmental Conservation for activities in 2022, including any associated future documents, forms, or reports. Moved: Eric Levine Seconded: Bill Goodman Vote: Ayes— Goodman, Howe, Leary, Hunter, Levine. Nays—Bleiwas and DePaolo b. License agreement with Conifer Realty for use of land—Linderman Creek area TB Resolution 2021 - 163b: Authorization to Sign a License Agreement with Conifer Realty LLC for use of approximately 68 acres as part of the Town's Deer Management Program for 2022 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation to use nine bait locations in the Town of Ithaca for the deer culling; and Whereas, Town of Ithaca staff have identified two locations on Conifer Realty LLC owned or managed lands adjacent to the Linderman Creek Apartments/Conifer Village at Ithaca and the Overlook Apartments for the deer program; and Whereas, Conifer Realty LLC authorized the use of two locations on their lands in 2021 and have agreed to continue using two locations in 2022; and Whereas, the Town of Ithaca staff have prepared a"Revocable License to Authorize Town Use of Conifer Realty LLC Property"; now, therefore,be it TB 2021-12-29 (Filed 2/7) Pg. 24 Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to negotiate and sign an agreement with Conifer Realty LLC for use of approximately 68 acres as part of the Town's deer management program for 2022. Moved: Eric Levine Seconded: Bill Goodman Vote: ayes—Goodman, Levine, Leary, Howe and Hunter nays—Bleiwas and DePaolo c. License agreement with the City of Ithaca for use of land—Six Mile Creek area TB Resolution 2021 -163c: Authorization to Sign a License Agreement with the City. of Ithaca for use of the Six Mile Creek Natural Area Property as part of the Town's Deer Management Program for 2022 Whereas, the Town of Ithaca will be applying for a Deer Damage Permit from NYS Department of Environmental Conservation to use nine bait locations in the Town of Ithaca for the deer culling; and Whereas, Town of Ithaca and City of Ithaca staff have identified three locations on City of Ithaca owned lands in the Six Mile Creek Natural Area for the deer program; and Whereas, the City of Ithaca has participated in the program the past two years and wish to continue with using three locations on City of Ithaca owned lands in 2022; and Whereas, a"Revocable License to Authorize Town Use of Six Mile Creek Natural Area Property"has been prepared; now, therefore, be it Resolved, that the Supervisor of the Town of Ithaca, is hereby authorized and directed to negotiate and sign an agreement with the City of Ithaca for use of the Six Mile Creek Natural Area as part of the Town's deer management program for 2022. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes—Goodman, Levine, Leary, Howe and Hunter nays—Bleiwas and DePaolo d. Variance for use of Culver Preserve Mr. DePaolo asked what the parameters are for the use on town preserve lands. Mr. Smith responded that the DEC permit allows the program to run 24 hours a day, but the other sites seem to be used from about 4pm to early evening as the most effective time at the feeders. Mr. DePaolo asked if there were any other town-owned lands being used. TB 2021-12-29 (Filed 2/7) Pg. 25 Mr. Smith responded that we have used the Finger Lakes Land Trust Sweidler Preserve on South Hill and the City's Six Mile Creek Watershed. Mr. DePaolo stated that he felt this is a dangerous precedent and he is not in favor of this. Mr. Goodman asked Mr. Smith to elaborate on why they chose this site. Mr. Smith responded that the program has used similar lands with public uses and this would be a trial. The city and the FLLT encouraged us to do this because of the native vegetation the deer are eating and with the Town having started this a couple of years ago now and have some experience and the Town has a lot of preserves we would like to consider for the Program and help with that destruction of native vegetation. Mr. Goodman pointed out that if you look at the map for West Hill, next to Coy Glen, closer to the City, has a large parcel near there that is used and there is a private parcel we brought into the Program and they took a number of deer from there, and Mr. Ranchich property is no longer being used because hunters didn't participate well in that. The Culver Rd Preserve adjoins the Cornell lands, which we allow their program to pass through our Preserve to get to theirs, so this is an area that is active, and we might get better results and this would be a trial to see if that would happen. Mr. DePaolo responded that the table showed only 2 deer taken. Mr. Slater asked if the town parks and preserves would be opened up to hunters who pay for licenses or just this program. Mr. Smith responded he is not aware of any discussions for that. Ms. Hunter asked about whether we could limit the hours and what kind of signage is posted. Mr. Smith responded that signs are posted on the trees about what is happening up ahead and yes, we could limit the hours of hunting under the variance, which this resolution relates to, separate from the DEC permit. Discussion followed and the Board decided that dusk to dawn would be a limiting factor for this trial run to limit intermingling public use and the Program use, noting that this is not "hunting"in the normal sense of the term,but is culling with feeders and lights permitted. TB Resolution 2021 - 163d: Granting a variance from the Town of Ithaca Code, Chapter 200 "Parks & Recreation Areas" to allow the Culver Road Preserve Babcock Ridge)be used in the Town's Deer Management Program Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to operate a bait/hunting site on the Babcock Ridge portion of the Culver Road Preserve (Town of Ithaca Tax TB 2021-12-29 (Filed 2/7) Pg. 26 Parcel No.'s 31.-1-14.2 and 31.-1-14.4), which, if granted, would permit participants to be on the Culver Road Preserve during normally closed hours and to possess and discharge firearms and/or archery equipment (compound bow or crossbow), and Whereas, the Town's Deer Management Program has been operating for the past three years on private property and City of Ithaca owned property throughout the Town of Ithaca, and Whereas, the Town's Culver Road Preserve with its 155-acres of land (74-acres in just the Babcock Ridge portion) presents an opportunity for the town to support and actively participate in the deer management program for the many reasons described in the Conservation Board's report, but especially the potential ecological benefits, and Whereas, the Town Board has discussed the request and determined that good cause exists for a time-limited variance, now therefore be it Resolved, that the Town Board grants a variance to the Town's Deer Management Program from Town of Ithaca Code Sections 200-3.A"General Regulations" and 200-5.E "Prohibited Activities"to allow participants to be on the Culver Road Preserve during normal closed hours (24 hours per day) and to allow participants to possess and discharge firearms and/or archery equipment as part of the Town Deer Management Program, with the following conditions: 1. Program participants must adhere to all DEC regulations related to hunting activities contained in the Deer Damage Permit issued to the Town of Ithaca, and 2. This variance is valid February 1, 2022 through March 31, 2022, from '/z an hour before sunset to '/z an hour before sunrise, and With the following findings: 1. The Town Board finds good cause to grant this variance. The benefit to the Town's Deer Management Program outweighs the detriment that would result from strict enforcement of Chapter 200, and 2. The Babcock Ridge portion of the Culver Road Preserve is approximately 74 acres with adequate space to operate a bait site, and 3. Using the Town owned Culver Road Preserve will support the Town's Deer Management Program and will help to reduce deer browse on Town natural lands. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes—Goodman, Levine, Leary, Howe and Hunter nays—Bleiwas and DePaolo TB Resolution 2021 - 163d: Granting a variance from the Town of Ithaca Code, Chapter 200 "Parks & Recreation Areas" to allow the Culver Road Preserve Babcock Ridge)be used in the Town's Deer Management Program TB 2021-12-29 (Filed 2/7) Pg. 27 Whereas, the Town of Ithaca Deer Management Program is requesting a variance from Town Code Sections 200-3.A and 200-5.E to allow the Town Deer Management Program to operate a bait/hunting site on the Babcock Ridge portion of the Culver Road Preserve (Town of Ithaca Tax Parcel No.'s 31.-1-14.2 and 31.-1-14.4), which, if granted, would permit participants to be on the Culver Road Preserve during normally closed hours and to possess and discharge firearms and/or archery equipment (compound bow or crossbow), and Whereas, the Town's Deer Management Program has been operating for the past three years on private property and City of Ithaca owned property throughout the Town of Ithaca, and Whereas, the Town's Culver Road Preserve with its 155-acres of land (74-acres in just the Babcock Ridge portion) presents an opportunity for the town to support and actively participate in the deer management program for the many reasons described in the Conservation Board's report, but especially the potential ecological benefits, and Whereas, the Town Board has discussed the request and determined that good cause exists for a time-limited variance, now therefore be it Resolved, that the Town Board grants a variance to the Town's Deer Management Program from Town of Ithaca Code Sections 200-3.A"General Regulations" and 200-5.E "Prohibited Activities"to allow participants to be on the Culver Road Preserve during normal closed hours (24 hours per day) and to allow participants to possess and discharge firearms and/or archery equipment as part of the Town Deer Management Program, with the following conditions: 1. Program participants must adhere to all DEC regulations related to hunting activities contained in the Deer Damage Permit issued to the Town of Ithaca, and 2. This variance is valid February 1, 2022 through March 31, 2022, 30 minutes prior to sunset through 30 minutes prior to sunrise. With the following findings: 1. The Town Board finds good cause to grant this variance. The benefit to the Town's Deer Management Program outweighs the detriment that would result from strict enforcement of Chapter 200, and 2. The Babcock Ridge portion of the Culver Road Preserve is approximately 74 acres with adequate space to operate a bait site, and 3. Using the Town owned Culver Road Preserve will support the Town's Deer Management Program and will help to reduce deer browse on Town natural lands. Moved: Bill Goodman Seconded: Eric Levine Vote: Ayes—Goodman, Howe, Leary, Hunter, Levine. Nays—Bleiwas and DePaolo TB 2021-12-29 (Filed 2/7) Pg. 28 6. Consent TB Resolution 2021 - 164: Consent Agenda Resolved that the Town Board hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes -None b. Approval of Town of Ithaca Abstract c. Budget Amendments, Transfers and Modifications d. Permanent Appointments—Engineering Moved: Rod Howe Seconded: Eric Levine Vote: ayes—Howe, Levine, Leary, Hunter, Goodman, DePaolo and Bleiwas TB Resolution 2021 -164b: Town of Ithaca Abstract No. 24 for FY-2021 Whereas the numbered vouchers have been presented and audited for payment by the Ithaca Town Board, now therefore be it Resolved that the Town Board hereby authorizes the payment of said vouchers in total for the amounts indicated below; VOUCHER NOS. 1439— 1539 (voiding vouchers 1465 & 1466) General Fund Town Wide 131,235.03 General Fund Part-Town 92,081.38 Highway Fund Town Wide DA 12,331.61 Highway Fund Part Town DB 69,767.17 Water Fund 29,721.18 Sewer Fund 1,696,872.10 Gateway Trail—H8 32,934.17 Risk Retention Fund 795.37 Fire Protection Fund 280,000.00 Forest Home Lighting District 237.98 Glenside Lighting District 81.02 Renwick Heights Lighting District 99.64 Eastwood Commons Lighting District 204.67 Clover Lane Lighting District 24.00 Winner's Circle Lighting District 76.37 Burlei h Drive Lighting District 81.83 West Haven Road Lighting District 253.54 Coddin ton Road Lighting District 151.43 TOTAL 2,346,948.49 TB 2021-12-29 (Filed 2/7) Pg. 29 TB Resolution 2021 - 164c: APPEoval of Budget Transfers,Amendments and Modifications for the Quarter Ending December 31, 2021 Whereas, the Town Finance Officer has reviewed all budgetary revenue and appropriation accounts for the quarter ending December 31, 2021, and Whereas, this review disclosed certain budgetary revenues and expenditures requiring transfers, amendments or modifications summarized below: General Town-wide Fund Budget Transfers Account Description From To A1010.410 Conferences & Mileage 952 A1010.400 Contractual 952 A1316.400 Contractual 200 A1316.408 Postage 200 A1340.100 Regular 557 A1340.410 Conferences & Mileage 557 A1430.425 Apprenticeship Program 2,000 A1430.400 Contractual 2,000 A1340.100 Regular 42,215 A1680.291 Hardware & Equipment 16,215 A1680.400 Contractual 26,000 A1680.490 Network Support 6,640 A1680.491 Hardware & Equipment 4,700 A1680.492 Software 1,940 A1680.494 Maintenance & Repairs 950 A1680.492 Software 950 A1990.499 Contingency Account 880 A1920.488 Taxes/Assessments on Town Property 880 Budget Amendment: Account Description From To A1340.100 Regular 27,248 A9950.921 Gateway Trail 27,248 To cover the cost of a Procon change order authorized by resolution#2021-026. General Part-Town Fund Budget Transfers: Account Description From To TB 2021-12-29 (Filed 2/7) Pg. 30 B 1680.490 Network Support 8,640 B1680.291 Hardware & Equipment 8,640 Highway Part-Town Fund Bud et Transfers: Account Description From To DB1680.490 Network Support 2,800 DB1680.492 Software 2,800 DB 1650.415 Communications - Telephones 4,000 DB5130.276 Park& Turf Equipment 3,807 DB1680.291 Hardware & Equipment 7,807 DB 1680.400 Contractual 663 DB 1680.497 Tools & Supplies 500 DB 1680.491 Hardware & Equipment 1,163 Water Fund Bud et Transfers: Account Description From To F1680.490 Network Support 6,515 F 1680.291 Hardware & Equipment 2,403 F1680.400 Contractual 1,500 F1680.492 Software 2,612 Sewer Fund Bud et Transfers: Account Description From To G1680.490 Network Support 6,515 G1680.291 Hardware & Equipment 2,403 G1680.400 Contractual 1,500 G1680.492 Software 2,612 Bud et Amendment: Account Description From To G599 Appropriated Fund Balance 1,144,642 G8150.522 IAWWTF-SJC Capital Projects 1 1,144,642 Resolution#2021-118 approved $2,800,000 for IAWWTF sewer repairs, this amendment funds our share from fund balance, now, therefore, be it Resolved, that the Town Board authorizes the Finance Officer to record all budget transfers, amendments and modifications, including all other changes deemed appropriate and necessary. TB Resolution 2021 - 164d: Approve Permanent Appointments of Enj!ineerinj! Department Staff TB 2021-12-29 (Filed 2/7) Pg. 31 Whereas, Daniel Thaete, David O'Shea and Justin McNeal were all provisionally appointed to their titles pending the next civil service exam, due to the re-creation of the Engineering Department; and Whereas, Tompkins County Civil Service has provided the certificate of eligible listing for their titles, and all are reachable candidates; now, therefore be it Resolved, the Town Board hereby approve the permanent appointment of Daniel Thaete, Director of Engineering, David O'Shea, Senior Civil Engineer and Justin McNeal, Civil Engineer, with no change in current compensation or benefits,retro-active to December 20, 2021; and be it further Resolved, a twenty-six (26) week probationary period applies to Justin McNeal and an eight- week probationary period applies to David O'Shea with no further action by the Town Board if there is successful completion of the probationary periods as determined by the Director of Engineering. 7. Board and Department comments Ms. Rosa stated that Bruce Brittain has emailed her to thank the Town for being open this past year or so and so productive. Mr. Howe reminded members to send in pictures for the new webpage. 8. Resolutions of Appreciation TB Resolution 2021 -165: Resolution of Appreciation and Recognition of Service for Patricia Leary Whereas, Patricia"Pat" Leary has served as a Town Board member for the past 16 years, serving from January 1, 2006 through December 31, 2021; and Whereas, Pat had previously served as a Town Board member for two terms from 1986 through 1993; and Whereas, Pat also served as the appointed Deputy Town Supervisor from May 2008 through December 2009; and Whereas, Pat served for the past 16 years on the Town's Codes and Ordinances Committee, helping to shape new and amended Town Ordinances on topics as varied as Stream Water Riparian Buffer Setbacks, Lakefront Residential Dock Lengths, Guinea Hens in backyard Chicken Coops, and Eruv's near the Cornell campus; and TB 2021-12-29 (Filed 2/7) Pg. 32 Whereas, Pat provided strong advocacy for the staff as part of the Personnel & Organization and Employee Relations Committees, helping to guarantee fair wages and benefits as well as a safe and satisfying work environment for Town employees; and Whereas, Pat also served at various times on the Town Board's Budget, Planning, Public Works, Sidewalk and Short-Term Rental Committees; and Whereas, Pat's skills as a writer and editor have helped immensely in the drafting and proofreading of the Town's written materials and communications; and Whereas, Pat's interest in and advocacy for Affordable Housing has helped pave the way for the Town's decision to provide funding for and join the Community Housing Development Fund Program efforts to promote more Affordable Housing; and Whereas, the Town of Ithaca has greatly benefited from Pat's combined Twenty-Six (26) years of devotion and desire to serve our community in order to make it a better place for us all to live; now, therefore,be it Resolved, that the Town Board of the Town of Ithaca, on behalf of the Town and all its citizens, expresses its sincere appreciation and gratitude to Patricia Leary for her distinguished and dedicated service to our community. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes - Goodman, Levine, Howe, Hunter, Bleiwas, and DePaolo Ms. Leary thanked the Board. TB Resolution 2021 - 166: Resolution of Appreciation & Recognition of Service for Tee- Ann Hunter Whereas, Tee-Ann Hunter retired from the Town after being the Town Clerk for over six years and was appointed to the Town of Ithaca Town Board on June 9, 2008; and Whereas, Tee-Ann was elected to serve from January 1, 2009 through December 31, 2021; and Whereas, Tee-Ann's ability to listen to constituents and her sincere interest in understanding their perspectives made her a valued representative; and Whereas, Tee-Ann's personal experience as Town Clerk laid the foundation for cooperative and caring relationships with Town staff during her tenure on the Board; and Whereas, Tee-Ann's love of the natural environment, her sense of its fragility, and of its value to the larger community inspired her to re-energize the Cayuga Lake Watershed Intermunicipal Organization, piloting it from a multi-year holding pattern to a thriving and forward-looking State-relevant planning entity; and TB 2021-12-29 (Filed 2/7) Pg. 33 Whereas,Tee-Ann also took a keen interest in sound long-range fiscal policy, championing the use of asset management practices and capital improvement planning as a way of efficiently anticipating and preparing for large-scale expenditures; and Whereas,Tee-Ann recognized the nutritional and general wellness benefits of gardening and catalyzed the creation of the West Hill Community Garden, which, with modest To support, provides opportunities for members of our community who might otherwise not have ready access; and Whereas,Tee-Ann's appreciation for and understanding of land-use planning and architectural aesthetics made her a valued participant in the Town's continuing efforts to balance ongoing development with conservation and sustainability priorities; and Whereas,Tee-Ann could always be counted on to contribute collegial, common-sense questions and perspectives during otherwise complex,contentious or stalled deliberations; and Whereas,the To of Ithaca has greatly benefited from Tee-Ann's over twenty(20) years of devotion and desire to serve our community in order to make it a better place for us all to live; now, therefore,be it Resolved,that the To Board of the Town of Ithaca,on behalf of the Town and all its citizens, expresses its sincere appreciation and gratitude to Tee-Ann Hunter for her distinguished and dedicated service to our community. Moved: Rich DePaolo Seconded: Pamela Bleiwas Vote: Ayes- Howe,Bleiwas, Leary, Levine, Goodman, DePaolo Ms. Hunter thanked the Board for all the work that they do and said it has been a great honor and pleasure to work with them all. She said she has done her best to serve the community and, in the process, has learned so much from each of you and the staff and the town is privileged to have such a good staff that works tirelessly on behalf of this community. She wished the Board and staff the best of luck and best wishes Adjourn Meeting was adjourned at 1:42 pm. by Rod Howe,seconded by Rich DePaolo, unanimous. Submitted by Paul ttell own Clerk TB 2021-12-29(Filed 2,17) Pg. 34 Paulette Rosa From: Craig Dunham <ctdunham5@gmail.com> Sent: Sunday, December 26, 2021 12:30 PM To: Paulette Rosa Cc: Rod Howe Subject: Letter to Town Board re: December 29 STR Public Hearing Attachments: Town of Ithaca Board Letter 12_26_21 Dunham_Shay.pdf Dear Town of Ithaca Town Clerk Attached is a letter to the Town of Ithaca Board to distribute to the Board in advance of the December 29 meeting regarding proposed Short Term Rental regulations. We recognize that the Town of Ithaca Board was not intentionally trying to hurt retirees and property owners not privileged to be on the lake-and hope that our letter will help with a course correction. . Best regards, Craig Dunham and Megan Shay 1024 Hanshaw Rd, Ithaca, NY 14850, USA 607-280-6100 1 December 26, 2021 1024 Hanshaw Road Ithaca, NY 14850 607-280-6100 email: ctdunham5@gmail.com Dear Town of Ithaca Board, We are writing you regarding the proposed Short Term Rental legislation in advance of your December 29, 2021 Board meeting vote. We were dismayed by the lack of concern shown by Board Members at the December 13 public hearing after hearing from many people who would be hurt by this proposed legislation including schoolteachers, lower income residents and retirees. It seemed to us that the Board had reached a point of Group Think and Decision Fatigue so that its members were no longer thinking rationally and compassionately about the impact of your decisions. This is a really poor place to be for a group making critical decisions that hurt people's lives and livelihoods. We encourage you to vote down or table the current regulation and then to take a step back with the assistance of your two new Board members who start in January. Sargeant Ryan Slocum from the Tompkins County Sheriff's office made it extremely clear on December 13 that their department is fully prepared to enforce existing noise and nuisance ordinances-and have been doing so when asked. We recognize that some Ithaca Town residents may not be fully satisfied but we are firm believers that creating duplicative regulations does not solve a problem when those regulations already exist. We share your concern about businesses impacting the housing supply by buying up houses solely for short term rentals. However, we believe that issue would be better addressed with a much simpler, less hurtful and less burdensome regulation. We volunteer to assist with this by providing you some ideas to work with. Since the December 13 meeting, we have been carefully studying section G which provides for an exception for people who have made a financial investment in a short-term rental property. The wording makes it challenging for us as retirees to qualify for this. However, for the short-term rental businesses that your legislation is aimed at stopping, it would be very easy for them to qualify to be exempt from the new STR legislation for a long time. During your discussion on December 13,you said that you did not want to modify the language to help us as retirees or the multiple people who shared with you how this proposed legislation would severely hurt them because you were concerned about creating loopholes that the professional STRs could get through. However,you have already created a loophole the size of a barn door that allows professional STRs to continue. We urge you not to pass legislation which financially punishes your residents and includes a loophole that enables professional STRs to waltz right through! We also wanted to point out that the Board has previously acknowledged on the record that there is long term pre-existing nonconforming use which will open up the Town to expensive and time- consuming lawsuits if this regulation is passed. You have not provided grandfather clauses,which would be a standard and reasonable approach to mitigate the damage these new regulations will cause. We are confident that it was not intention of the Town of Ithaca Board to penalize retirees and lower property value owners with this legislation. However, we believe that is the net result of this complicated, costly and unfair proposed regulation. We urge you to vote down or at least table the current proposal and then develop much narrower, simpler legislation to address the specific issue of businesses purchasing houses solely for short term rentals. Thank you, Craig Dunham (Cornell '78 and long-term area resident) Megan Shay(Ithaca native,Wells '83) '' Paulette Rosa From: Bill Goodman Sent: Thursday, December 23, 2021 11:05 AM To: Paulette Rosa Subject: FW: Short term rental law Hi Paulette, For inclusion with other STR comms. Thanks, Bill Goodman Deputy Supervisor, Town of Ithaca 215 North Tioga Street Ithaca,NY 14850 607-592-6745, cell -----Original Message----- From: Martha Armstrong <martha.j.armstrong@gmail.com> Sent: Wednesday, December 22, 2021 9:18 PM To: Bill Goodman<BGoodman@town.ithaca.ny.us> Subject: Short term rental law Bill, please share with the board. Thanks, Martha Dear Town of Ithaca Board, After listening to the board meeting on December 13, I believe the lake house neighborhood should be treated the same as all other neighborhoods (same restrictions on rental days). The lake front has become less and less accessible to locals in the past ten years as high priced short term rentals drive the cost up to own property, and it becomes a more exclusive domain of out-of-town visitors. If the Town supports the high-cost exclusive waterfront of extensive short term rentals, there should be more efforts to create public access locations. The Town's East shore park is extremely popular and overused. Let's create at least one more similar public access point. Thank you for your work on this and other important issues, Martha Armstrong 146 Homestead Circle Ithaca,NY 14850 607-592-0695 Sent from Martha's iPhone i Paulette Rosa From: Mia Slotnick <mjslotnick123@gmail.com> Sent: Wednesday, December 22, 2021 9:30 PM To: Paulette Rosa Subject: Fwd: Short Term Rentals Hi Paulette. Could you please forward the letter below to all members of the Ithaca Zoning Board of Appeals? Thanks very much, Mia Dear Supervisor Howe,Town Board members, and all those involved in Short Term Rental legislation, At the December 13th Town Board meeting, it was decided that the effective dates of the laws would be pushed forward.This change was partly motivated to accommodate two Short Term Rental Hosts: 1. Craig Denham and Megan Shay are a former Ithaca couple who have now retired to Florida and become Florida residents.They live the majority of the year in Florida.They use the house they own in Ithaca as an income property, and stated in the public hearing that they rent it for 80-100 days per year at$200 per night.They also have an ADU on the property that is occupied as a long term rental. A conservative estimate on their yearly rental income of their Ithaca property would be over$30,000 per year. Regardless of the potential income,why should these particular individuals be exempted from the Committee recommended limits on Unhosted STRs as well as the primary residence requirement? 2. Alexa Schmitz owns Hayt's Schoolhouse and Chapel on Trumansburg Road.She participated in the large STR working meeting in April 2019. At that time, she was living in the property and claimed she rented it as a STR to afford its upkeep. Alexa has since moved and rents Hayt's Chapel as a full time year round STR. Her Airbnb ad states: This is a rare find. Alexa's place on Airbnb is usually fully booked. Alexa has had 302 Airbnb reviews, and already has 4 reviews from the month of December! A conservative estimate of 300 nights per year at$145 per night means the property makes over$40,000 per year.This income supplements Alexa's salary as a postdoctoral researcher in Biological and Environmental Engineering at Cornell. Alexa has chosen to no longer live in her property because she can make substantially more money using it as a Short Term Rental business. Once again why should this individual be exempted from Unhosted limits and the primary residence requirement? The stated goals of the STR legislation include protecting housing affordability for long term residents whether owners or renters, and to assist homeowners to stay in their homes by allowing some STR use to generate income to defray their cost of homeownership.Another stated goal of the legislation is to protect neighborhood character and minimize the impact of STR uses on neighbors and residential properties. In both of the above situations,the home is no longer their primary residence and it is being used as STR businesses, thereby depriving locals from purchase or long term rental of these properties.The rental income generated is far beyond what would be considered necessary to defray the cost of homeownership.The impact on the neighbors is surely greater because the Hosts are not on the premises. We worry that encouraging and perhaps granting a variance in these situations will open the floodgates to allow others in similar situations to do the same,thus obviating the major goals of the STR legislation. 1 We also urge you to please reconsider the two recent changes that were made to the proposed law. Increasing the lakefront days to 245 creates a pronounced parity issue compared to the number of days allowed in the rest of the Town. Part of the reason the STIR Committee decided unanimously on 150 days for the lakefront could have been to avoid creating such a huge disparity. Increasing the number of days of Unhosted rentals for other residential areas would not be a fair solution to those who are opposed to the negative impact STRs bring to these residential neighborhoods. Doubling the number of permits allowed from the STR Committee's unanimous recommendation of one to two greatly increases the negative impact STRs will have on neighborhoods. Thank you for considering these comments. And thank you to the Short Term Rental Committee members for your years of research, brainstorming, deliberation, discussion, and listening to public input. We greatly appreciate all the time and effort you have put into this issue. Sincerely, The Renwick and Forest Home Neighbors 2 Paulette Rosa From: Patricia Leary <pll7@cornell.edu> Sent: Thursday, December 23, 2021 2:28 PM To: Paulette Rosa Cc: mjslotnick123@gmail.com Subject: Fwd: Short term rentals For the correspondence file... I couldn't let some of the statements she made go unchallenged, especially about the good people of Renwick Heights and Forest Home. Sent from my iPad Begin forwarded message: From: Patricia Leary<PI17@cornell.edu> Date: December 23, 2021 at 12:59:40 PM EST To: Sonja Sandstrom <soniasandstrom@yahoo.com> Subject: Re:Short term rentals Thank you for communicating your thoughts about the Town of Ithaca's proposed regulations for short- term rentals. Since you do not live in the town,you may not be aware of the impetus for the proposed law. We began working on this legislation four years ago, in response to requests for help by community members whose lives had been disrupted by a steady stream of out-of-town visitors who treated their neighborhood like their personal playground. The houses that were rented out to these transients were owned by a few wealthy neighbors who used their properties to get even wealthier. Some of these owners were, in fact, rarely in town themselves and were essentially absentee landlords. Your assertion that the neighbors who have issues with strs are "mostly well-off entitled white men who want to control others" is simply not true in this case. For one thing, at least as many women as men have asked us to alleviate the situation.And the only thing they want to control is their own lives, which have become a nightmare by partying outsiders with no connection to, or respect for,the local community. It is these vacationers who act entitled. Meanwhile, Ithaca has a shortage of rental housing for local residents who can't afford to buy their own home. I am one of them: I have lived in an apartment complex for 40 years. Like most of the rental housing stock in town,the building is aging. But new housing is very expensive to build, and multifamily housing development is usually opposed by homeowners. Many of the low-and moderate-income workers in Ithaca are forced to commute from surrounding counties. Since the advent of Airbnb (a big business, btw) and other online reservation apps,the scarce spare rooms available for rent have often gone to people just passing through, rather than people who live and work in the area. Not only must they compete for rentals with students, now they must compete with tourists.The problem is that short-term rentals can be more profitable per night for the landlord/homeowner than renting the same room to a long-term resident. We therefore want to limit the number of nights that rooms can be rented on a short-term basis if the owner isn't present,to lessen the financial incentive to privilege vacationers over residents needing to rent.This also lessens the negative impacts that rapid turnover can have on stable neighborhoods. At the same time,we are trying to balance these interests with the needs of homeowners to rent their spare rooms on a flexible basis:we know that long-term tenants are not always suitable. In the four years that we have worked on this law,we have met with and heard from dozens of stakeholders on all sides of the issue. We have learned that the majority of property owners and guests 1 are responsible,just as you describe. But to utilize the scare resource of housing equitably and efficiently, we need to have some regulation. If you haven't seen the commentary of the many interested parties and the discussion by the Town Board, I encourage you to look up last Monday's meeting(Dec. 13) on the Town of Ithaca's YouTube channel. It might ease your concerns at least about the motivations of those seeking change, and illustrate the complexity of our efforts. Sent from my iPad On Dec 13, 2021, at 10:02 AM, Sonja Sandstrom <soniasandstrom@yahoo.com>wrote: Hello I understand that the town of Ithaca is meeting to consider a new law to limit short term rentals. I do not currently live in the town of Ithaca, but my family and I stay in many of these when we visit. We have several children and this is how we can afford to stay and travel. It would not be be possible for us to afford to stay at a hotel and we dislike supporting big business.We like supporting families and small mom/pop places. The families that host us have always been amazing.They are attentive and ensure the place is nice and safe. We have never been a source of complaint. I'm fact the airbnb by our house (not Ithaca) is the nicest on our block.They always have kind people and are respectful.The neighbors with older teens actually are the worst and their parents own the place.Truth be told I have never had an issue with any Airbnb that could not be resolved by already existing laws but with my continuous neighbors I have to resort to police. All you need is contact info for the host. We don't need to be babysat by someone 'watching'.The proposal sounds like stalking your neighbors and that is terrible for community feelings. From experience, I know that the neighbors who have issues with any str have mostly been well off entitled white men who want to control others. Sometimes it is because they have fears as they age orjust don't deal well with change. I'm sure you know the type.As a woman married to a bipoc woman,we run into them from time to time. I would hate for them to stop people like the good families who we stay at(they live about a mile away) and the other places we stay from providing such a needed and wonderful place. I would hate to have to start staying in the city and send our money their. I like supporting the people of the town of Ithaca. Please do not pass these restrictions. The home owners deserve to use their property. Sure have safety code inspections, but don't make it more restrictive than a long term rentals.That is just a way to have the rich control the ability for those of us struggling. Because that is what this proposal is, a way to control who gets to live in your town. It says if you can't afford to pay for it while you raise families,work and struggle, you can't do this to help. Only those with better jobs. I also know that some fear speaking up.There is a lot of targeting by various people.The person we stay with asked that we not use her name.That should also tel you something. Some of your community are targeting others. Maybe 'just'with words, but 2 that does not encourage community. I'd like my kids to grow in a world where we own our mistakes and look out for each other.Yes that means equal treatment for all rentals - in code and in contact. Limiting Airbnb rentals does not do that. Thank you. Sonja Sandstrom 3 29 Dec 2021 Town Board of the Town of Ithaca 215 N Tioga St. Ithaca, NY 14850 Michael Hayes 161 Snyder Hill Rd. Ithaca, NY 14850 RE: Strong opposition to the arbitrarily discriminatory proposed STR regulation regards Jon Goodman's comments Greeting Mr. Goodman and Town Board members. Who are you to decide the best use of MY property!!! The heck with your silly math of 29 days napkin math. I sold our home in Cayuga Heights,that is red hearing. Sir you do not seem to understand the meaning of sunbirds at all! We will keep Ithaca as our primary and only residence legally and functionally!!! Where did you grow up? What makes you Lord of the Town of Ithaca, rather than one citizen only? We will simply rent a place in a warm climate for less than half a year during Ithaca winter and return to our home for the spring summer and fall. My wife is from Malaysia and I am a USAF veteran and a US citizen. We are not ceasing to be legal Ithaca residents as your purport in your dissertation. This is not your Town. You are minimizing our ability to Number one point: There should be parity between Lakefront and not lakefront homes in Ithaca!!!! Failure to do this will get the Town sued. Your proposal is an after the fact imposition of reduction of value in our home vs when purchased! As long as we are legal resident's here, say 185 days a year,the rest of the days allow us to be snowbirds for wife's health in winter. You are taking value from our owned property!! I agree with Megan and her 4 points as we age here and want to keep our home here to live in!! Why does "Lakefront"get preferential treatment? Long term renters do not rent for a Nov- May absence (hence un-hosted by your definition)to protect my wife's health. This is not at all fair or legal in all likelihood. I write in opposition to the regulations as written and presently being pushed in the face of clear opposition by those you are voted in to represent. Clearly, by the majority of comment, there are major errors as presently written. As to being put out by having to take more comment, what entitlement leads you to disparage a clear listening to the points of view of your constituents, who loathe the economic effects this intends to inflict on their personal finances and the highest and best economic use of THEIR/OUR property?! The Town does not pay for our property at all. Each homeowner pays for their property, all of its costs, including paying very high property taxes to live in the Town! We are legally entitled to generate whatever revenue we can to meet our costs in the use of our private personal property. This proposed STR rental seeks to prejudicially restrict a notable stream of funds thus restricting by Government fiat the highest and best economic value of our property. I think here of any owner who wants or needs to be a sunbird while paying for their months away from their Ithaca home part of the year. Let's cover the most serious law violation this ordinance creates. First, discrimination at a 9 to 1 (9:1) ration of STIR rental days per year in favor of only Lake properties vs regular homeowners. I have a 5 year rental permit for renting our home when my work as airline captain moves us for a year or two. One inspection, one fee, follow the rules no issue to anyone. The rule is the same for any home in the Town. There is a legal process known as inverse condemnation. It applies to what you are seemingly without an open mind determined to pass here. "Inverse Condemnation applies when a government (the Town Board)takes a property for public use that greatly damages the value of the plaintiff's property. To successfully bring an action for inverse condemnation the property owner must show that a government's taking has failed to promote substantial governmental interests or has deprived the owner of the economic value of their property. A government that takes a private property for public use may be required to provide just compensation even where there is no physical invasion of the property, such as in regulatory taking where a government permanently deprives the property owner of all or the highest beneficial use of their property. The STIR proposal,to even be debated as a legal Government ordinance, needs to have the SAME maximum days per year for ALL areas of the Town!!!!! Lake owners are not more privileged than non-lake homeowners. That alone will fall in a Court challenge which will certainly promptly come if this is passed as written. The proposed also will raise costs to the Town by tracking the internecine requirement to report every STIR event. I doubt that version stands muster in Court challenge. Further there are laws on the books now for police to solve the "issues from 4 years ago"that motivate this dubious exercise today. Those police departments already have budgets that are unchanged addressing any noise or parking violations without raising our Town taxes. This is a sledgehammer being used to drive a tack, a solution in search of a problem by the Town Board. Michael Hayes 607-370-5310 29 Dec 2021 Town Board of the Town of Ithaca 215 N Tioga St. Ithaca, NY 14850 Michael Hayes 161 Snyder Hill Rd. Ithaca, NY 14850 RE: Strong opposition to the arbitrarily discriminatory proposed STIR regulation as proposed Greeting Mr.Goodman and Town Board members. I write in opposition to the regulations as written and presently being pushed in the face of clear opposition by those you are voted in to represent. Clearly, by the majority of comment,there are major errors as presently written. As to being put out by having to take more comment, what entitlement leads you to disparage a clear listening to the points of view of your constituents, who loathe the economic effects this intends to inflict on their personal finances and the highest and best economic use of THEIR/OUR property?! The Town does not pay for our property at all. Each homeowner pays for their property, all of its costs, including paying very high property taxes to live in the Town! We are legally entitled to generate whatever revenue we can to meet our costs in the use of our private personal property. This proposed STIR rental seeks to prejudicially restrict a notable stream of funds thus restricting by Government fiat the highest and best economic value of our property. I think here of any owner who wants or needs to be a sunbird while paying for their months away from their Ithaca home part of the year. Let's cover the most serious law violation this ordinance creates. First,discrimination at a 9 to 1 (9:1) ration of STIR rental days per year in favor of only Lake properties vs regular home owners. I have a 5 year rental permit for renting our home when my work as airline captain moves us for a year or two. One inspection, one fee,follow the rules no issue to anyone. The rule is the same for any home in the Town. There is a legal process known as inverse condemnation. It applies to what you are seemingly without an open mind determined to pass here. "Inverse Condemnation applies when a government (the Town Board)takes a property for public use that greatly damages the value of the plaintiff's property. To successfully bring an action for inverse condemnation the property owner must show that a government's taking has failed to promote substantial governmental interests or has deprived the owner of the economic value of their property. A government that takes a private property for public use may be required to provide just compensation even where there is no physical invasion of the property, such as in regulatory taking where a government permanently deprives the property owner of all or the highest beneficial use of their property. The STR proposal,to even be debated as a legal Government ordinance, needs to have the SAME maximum days per year for ALL areas of the Town!!!!! Lake owners are not more privelaged than non-lake homeowners. That alone will fall in a Court challenge which will certainly promptly come if this is passed as written. The proposed also will raise costs to the Town by tracking the internecine requirement to report every STIR event. I doubt that stands muster in Court. Further there are laws on the books now for police to solve the "issues from 4 years ago"that motivate this dubious exercise today. Those police departments already have budgets that are unchanged addressing any noise or parking violations without raising our Town taxes. This is a sledgehammer being used to drive a tack, a solution in search of a problem by the Town Board. Michael Hayes 607-370-5310 Paulette Rosa From: Brent Katzmann <brentkatzmann@gmail.com> Sent: Tuesday, December 28, 2021 1:38 PM To: Bill Goodman Cc: Paulette Rosa; Becky Jordan; Rod Howe; Rich DePaolo; Pam Bleiwas;TeeAnn Hunter; Pat Leary; Eric Levine Subject: Re: STR Moment of Opportunity Thank you for reaching out, Bill. I was responding to the proposed workaround you offered for hosts that hold hosted permits, but want to be able to use STIR for periods when they are out of town, for instance, a month or two in the winter or a sabbatical. As I understand it, your idea was that a property owner could rent to someone unhosted for whatever length of time a normal STIR reservation would entail (say, 3 to 14 days), but would create a 30 day lease so the unhosted permit isn't required. Basically, if a property owner signs a 30 day lease with a tenant to circumvent the STIR legislation, but asks the tenant to only occupy the property for a shorter period and bases the lease rate accordingly, the tenant now has inherited rights of tenancy that would enable them to stay for that full period without further compensation to the landlord. Even if the property owner were to agree to this (though I can't imagine why anyone would), and then they did this 3 times total for a 90 day period, their total STIR nights could well be much less than the 29 nights an unhosted permit allows, or perhaps many more, but the Town would have even less authority or knowledge than if the owner had registered for an unhosted permit. Lastly, securing true 30 to 90 day tenants is highly uncommon. Stays of 1 - 2 weeks are fairly common and are typically parents coming to visit their kids at the local colleges, especially foreign parents, or visiting professors or PhD candidates in for a particular short term program. Without an unhosted permit,these visits could not be accommodated by a local property owner holding a "hosted" permit when they themselves are out of town, even if they have a local property manager available 24/7. The Town Board heard from many property owners in situations not unlike the ones I've described here. Their only desire is to comply with the new legislation and be responsible property owners, but to have the flexibility to be able to use unhosted STIR while they're away. These are local people, some working families, some retired, for whom the money really does matter. And people with whom there have been no complaints from area residents, to the best of our knowledge. A simple change to allowing owners to hold both hosted and unhosted permits and to raise the cap to 90 days would go a long way towards balancing this legislation without negatively impacting its effectiveness or penalizing those property owners most in need of the revenue STIR offers. Thank you again. Respectfully, Brent On Mon, Dec 27, 2021 at 1:13 PM Bill Goodman <BGoodman@town.ithaca.nv.us>wrote: 1 Hi Brent, since folks will only have a few minutes to speak at the public hearing Wednesday, if you have the time before then, I would be interested in hearing more about why you think renting for 30 day periods would be untenable. Bill Goodman Deputy Supervisor,Town ofIthaca 215 North Tio0aStreet Ithaca, NY 14850 607-592-6745, ce|| From: Brent Katzmann Sent:Wednesday, December 15, 20Z112:44PM To: Paulette Rosa Rosa ; Becky Jordan Cc: Rod Howe< ; BiUGoodman ; Rich DePao|o ' PannB|ekwas TeeAnn Hunter ' ' Pat Leary Eric Levine Subject: STIR Moment ofOpportunity Dear Town of Ithaca Town Board- First of all, let me say thank you for agreeing to not vote the legislation into law during Monday's robust meeting of the Town Board. I think you will agree that, for many of our Town citizens,there is a lot in this legislation to digest and to interpret the impact on their individual circumstances. |, for one, found it profoundly important tO hear the stories our residents shared about why and how they use short term rental as an important part of their lives, from supplementing their dual career modest incomes,to ensuring the care and upkeep of their home and principal investment,to serving as ambassadors for our community to visitors who value the kind of care and lodging they receive with short term rental properties. I think passing this legislation will be felt on a real, personal level for those who can least afford to lose the opportunities this practice offers them. As you move forward with your "significant change" to the legislation to change the effective date (which | imagine Alexa and our retiree residents are grateful for), I ask that you take this opportunity to make two other changes that, from what you heard clearly on Monday evening, would make a significant difference for these hosts while not diminishing the results you seek to obtain. Those changes are: 2 1. Allow any host who otherwise complies with the qualifying criteria (principal residence, obtains permit, etc) to get both a hosted permit and an unhosted permit for STR. We heard many stories of people who host guests periodically throughout the year and then spend periods of time away from home. With either permit, these are allowed practices. It's unclear why, if they otherwise have this right,they should have to choose between the two. Suggesting that a host could sign a 30 day lease to allow a guest to stay for a few days while the host is away introduces a whole litany of tenancy rights issues that would be untenable. 2. Raise the unhosted stay cap to 90 days. It's been clear from the beginning that this threshold would enable most local homeowners who utilize STR to meet both the demand of the market and their financial needs. By requiring that a local representative be available 24/7 addresses the unlikely event that disturbances occur, as do the penalties proposed. It also would reflect positively on the Board as addressing the concerns of disparity of rights being raised between Lakefront owners and non-Lakefront owners. I respectfully disagree with the position that the Town "can always make changes to loosen the regulations if they seem to be working." By starting out with them as written, it will not be possible to know which of the many regulations are reducing the nuisances or preventing investor purchasing. It seems vastly preferable to start with a baseline set of regulations and then impose greater restrictions specifically targeted at where they seem to fall short in effectiveness. Again, thank you all for your efforts over the years to strike a balance with this legislation. I believe these changes will more effectively, and equitably, accomplish that. And,for the record, the regulations as written don't impact my personal use of STR. My appeal is purely out of a genuine interest in doing the right thing by our fellow Town residents and the guests they seek to serve. Kind regards, Brent 3 Paulette Rosa From: Alexa Schmitz <alexa.schmitz@gmail.com> Sent: Tuesday, December 28, 2021 4:45 PM To: Rod Howe; Bill Goodman; Rich DePaolo; Pam Bleiwas;TeeAnn Hunter; Pat Leary; Eric Levine Cc: Paulette Rosa; Marty Moseley Subject: Please consider for STR legislation - Limited Historic Commercial Dear Town Board, Many thanks for your consideration of Hayt's Chapel and other unhosted STRs when deciding on the effective dates for the new legislation. I was relieved by the change, which will give me considerably more time to figure out how best to move forward. As for my own property,I would like to propose a simple change to the legislation that will align with the legislative intent for creating the Limited Historic Commercial(LHC)Zone. From Chapter 270,Article XVIIIA, Section 142.2: "In particular, one of the purposes of the Limited Historic Commercial Zone is to facilitate preservation and protection of historically significant residential buildings by authorizing uses that will provide a wide range of opportunities for making such preservation and protection financially feasible." Although my property is still zoned as Medium Density Residential,I have considered re-zoning to LHC for a while, as the property is on the National Register of Historic Places, and I have every intention of preserving its history. Also on the property is a one-room schoolhouse(part of the historic listing)that I rent out full time. By direct comparison I can say that the short-term rentals have allowed me to bring in much more money than a year-round rental, and that the amount of income generated by two year-round rentals would just about cover my escrow payments,leaving me very little for the upkeep and preservation of the historic aspects of the property. Furthermore,having breaks between guests allows me to enter the space regularly to maintain humidity,heating,window care(of the original windows),etc. Over the years of short-term rentals,I have been saving up money for major historic restoration projects, such as re-laying the boulder/sand foundation, and a few other projects in consultation with a local contractor who specializes in historic restorations. These types of projects are much more expensive than standard home updates or renovations. I believe it is this sort of work that inspired the creation of the LHC zone. Additionally,through short-term rentals,I am introducing a part of Ithaca's history to visitors, such as the Town's role in the Underground Railroad(as is the case for Hayt's Chapel). Converting the Chapel into a short-term rental has been vital to my ability to maintain ownership of the property,whereas selling it would most likely result in demolition and construction of modern rental units. I expect that owners of other historic properties face a similar situation and might also benefit from short-term rental allowance if they converted to Limited Historic Commercial. To this end I would like to suggest three small changes to the proposed legislation that would help me and others with historic properties (changes to text in brackets): 1. Add a section to allow for STR in LHC: [Section X: Chapter 270(Zoning),Article XVIIIA(Limited Historic Commercial Zones) of the Town of Ithaca Code, Section 270-142.5, titled"Principal uses authorized by special permit only,"is amended by adding a subsection J reading as follows: 'T Short-term rental uses, subject to the limitations on short-term rental uses set forth in § 270-219.7."] 1 2. Modify section D. (1)to include LHC in the primary residence exception: "Except in the Lakefront Residential Zone [and Limited Historic Commercial Zone]..." 3. Allow for the 245 days rented in Section F.2.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[or Limited Historic Commercial Zone]." With these changes to the proposed legislation in place,I will still need to re-zone the property as LHC and ask for the special permit for the principal use, and then address the permitting requirements in the rest of the STR legislation,but at least there will be an avenue I can take to continue with my short-term rentals, and thus my restoration plans. I greatly appreciate your previous acknowledgement of the difficulty a historic property like Hayt's Chapel may pose to an owner. Considering how few(if any?)properties are zoned LHC, or could be zoned LHC,I hope that these changes are small enough to be considered at tomorrow's meeting for inclusion in the current proposed legislation. Many thanks again, Alexa Schmitz Owner of Hayt's Chapel and Schoolhouse 2 Paulette Rosa From: Bill Goodman Sent: Monday, December 27, 2021 113PK4 To: Brent Katzmann; Paulette Rosa; Becky Jordan Cc Rod Howe Rich OePao|q Pam 8|eimms;TeeAnn Hunter; Pat Leary; Eric Levine Subject: RE: STIR Moment ofOpportunity Hi Brent, since folks will only have a few minutes to speak at the public hearing Wednesday, if you have the time before then, I would be interested in hearing more about why you think renting for 30 day periods would be untenable. Bill Goodman Deputy Supervisor,Town ofIthaca 215 North Tio0aStreet Ithaca, NY 14850 607-592-6745, ce|| From: Brent Katzmann <brentkatzmann@0mai|.com> Sent:Wednesday, December 15, 20Z112:44PM To: Paulette Rosa <PRosa@tovvn.ithaca.ny.usx; Becky Jordan<BJordan@toxvn.ithaoa.ny.us> Cc: Rod Howe<RHoxve@toxvn.ithaca.ny.us'; Bill Goodman <BGood man @tovvn.ithaca.ny.usx; Rich DePao|o <rdepao|o@tovvn.ithaoa.ny.us>; Pam B|eivvas<pb|eivvas@toxvn.ithaca.ny.us>;TeeAnnHunter <thunter@tovvn.ithaoa.ny.us>; Pat Learyxp|eary@tovvn.ithaoa.ny.us>; Eric Levine xe|evine@toxvn.ithaca.ny.us> Subject: STIR Moment ofOpportunity Dear Town of Ithaca Town Board- First of all, let me say thank you for agreeing tO not vote the legislation into |3xv during K4Ond3y'S robust meeting Of the Town Board. | think you will agree that, for many Of our Town citizens, there is 3 lot in this legislation to digest and to interpret the impact on their individual circumstances. |, for one, found it profoundly important to hear the stories Our residents shared about why and hOvv they use short term rental as an important part of their lives, from supplementing their dual career modest incomes,to ensuring the care and upkeep of their home and principal investment,to serving as ambassadors for our community to visitors who value the kind of care and lodging they receive with short term rental properties. | think passing this legislation will be felt on a real, personal level for those who can least afford to lose the opportunities this practice offers them. As you move forward with your "significant change" to the legislation to change the effective date (which | imagine Alexa and our retiree residents are grateful for), I ask that you take this opportunity to make two other changes that, from what you heard clearly on Monday evening, would make a significant difference for these hosts while not diminishing the results you seek to obtain. Those changes are: l. Allow any host who otherwise complies with the qualifying criteria (principal residence, obtains permit, etc) to get both a hosted permit and an unhosted permit for STIR. We heard many stories of people who host guests periodically throughout the year and then spend periods of time away from home. With either permit, these are allowed practices. It's unclear why, if they otherwise have this right,they should have to choose 1 between the two. Suggesting that a host could sign a 30 day lease to allow a guest to stay for a few days while the host is away introduces a whole litany of tenancy rights issues that would be untenable. 2. Raise the unhosted stay cap to 90 days. It's been clear from the beginning that this threshold would enable most local homeowners who utilize STR to meet both the demand of the market and their financial needs. By requiring that a local representative be available 24/7 addresses the unlikely event that disturbances occur, as do the penalties proposed. It also would reflect positively on the Board as addressing the concerns of disparity of rights being raised between Lakefront owners and non-Lakefront owners. I respectfully disagree with the position that the Town "can always make changes to loosen the regulations if they seem to be working." By starting out with them as written, it will not be possible to know which of the many regulations are reducing the nuisances or preventing investor purchasing. It seems vastly preferable to start with a baseline set of regulations and then impose greater restrictions specifically targeted at where they seem to fall short in effectiveness. Again, thank you all for your efforts over the years to strike a balance with this legislation. I believe these changes will more effectively, and equitably, accomplish that. And, for the record, the regulations as written don't impact my personal use of STR. My appeal is purely out of a genuine interest in doing the right thing by our fellow Town residents and the guests they seek to serve. Kind regards, Brent 2 Paulette Rosa From: Susan Terwilliger <suzegitar@mac.com> Sent: Tuesday, December 28, 2021 12:12 PM To: Paulette Rosa Subject: Pls Forward to Town Board - Comments on STR Legislation Hi -Would you be so kind as to forward this to the Town Board? I plan on attending the meeting tomorrow but it would be great for my comments to be seen by the Board prior to the meeting, if possible.Thank you for forwarding, and thank you to the Board for taking the time to read my comments-Sue Terwilliger I support STR legislation to address the issue of out-of-town speculators buying up houses, caring only for income stream and not quality of life in our community. I also support inspections and permitting to insure safety. IMO issues of noise and trash can best be managed with proper leveraging of penalties and a much steeper escalation of fines specifically for STR owner offenses. Even a $1000 fine could be viewed as just the cost of doing business. Only with much higher fines, like$5000 for a second offense and $10,000 for a third offense by a STR owner within 2 years,will a persistent violator feel pain.This may also discourage absentee investors. The obvious way to discourage absentee investors is to limit the number of days per year of unhosted rentals. However, I feel the Boards' numbers are like Goldilocks trying the first 2 bear beds-one is way too soft and one is way too hard. 245 days a year for the Lakefront Zone is attractive to an out of town speculator, supposedly the type of investor this legislation is meant to discourage. If the Board feels the Lakefront Zone should have more unhosted days than the rest of the Town, what about 150 days for Lakefront and 90 for the rest of the Town?Those numbers are not big enough to attract out-of-town speculators, but would give homeowners some flexibility. Both San Francisco and Washington DC allow 90 nights per year of unhosted rentals. §270-219.7Short-term rental uses.(E)(2)(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. This logically implies the number of legal bedrooms in a unit determines occupancy.A 3 bedroom hosted STR would logically be fine for 5 -6 people, but it's only allowed for Unhosted Rentals, which makes no sense, again not aligning with the goal of discouraging out of town speculators. Restricting Hosted STRs to only 2 bedrooms at any one time is arbitrary and especially penalizes hosts who are not Lakefront owners. Ithaca is a high cost of living area,with many jobs that don't pay correspondingly.As someone who lived and worked as a guitarist in NYC for many years, I can tell you there are very few paying gigs here. My travel gigs dried up with Covid, and teaching does not pay the bills. While this legislation will have a minimal impact on my family as we own adjacent properties, I would urge the Board to consider that other Town of Ithaca residents who are not well heeled enough to have property on the lake may need to supplement their income with 3 bedroom rentals or more unhosted nights. Especially if we as a community want to attract and keep good teachers, musicians and artists. 1 Paulette Rosa From: Susan Terwilliger <suzegitar@mac.com> Sent: Monday,January 3, 2022 6:12 PM To: Paulette Rosa Subject: Short Term Rental Legislation Would you be so kind as to forward this to the Town Board members - thank you - Sue Dear Board Members: Thank you for taking public comments on this issue. I appreciate the goal of keeping housing stock available for residents, and to preserve the quality of neighborhoods. It was extremely helpful to hear the Board's discussion following the public comments. I was disappointed to hear that fines are controlled by the state, so the Town can't wield that tool as aggressively as I had hoped. Perhaps the granting or suspending of permits could be a tool for making sure STR owners are considerate of their neighbors. Hopefully this law will be a living document, able to adapt and respond going forward as needed. I really appreciate Tee-Ann Hunter's comment about the Lakefront: there's almost no public access to the Lake in the Township. As she asked, could the hotel tax that all STR hosts pay go towards purchase of Lakefront property that would allow public access? As far as I know, the only Town of Ithaca public access to the Lake is at East Shore Park, which is a beautiful but tiny spot that does have a small kayak launch/beach(but an equally small parking lot). A lofty long term goal might be to establish a small park with swimming/picnic area, and parking permits for Town residents only (similar to Myers Park but smaller). - Sue Terwilliger i Paulette Rosa From: Richard Ballantyne <richardballantyne@gmail.com> Sent: Wednesday,January 5, 2022 12:18 PM To: Rich DePaolo Cc: Paulette Rosa Subject: Re: Short term rental law Hi Rich, Thanks for your reply. I "registered" my complaint in 2016 when I spoke at the public hearing, along with other landlords who were there that the board just ignored. I also wrote an article in the paper about your law. Just because you have been working for years on regulations does not mean you must necessarily pass them. Some people, especially the loud vocal minority here in Ithaca, will never be appeased because they're just miserable. Thus it is a waste of time trying to appease them with laws that restrict everyone. Legislators like you often fail to foresee many consequences of your laws. In my opinion the primary function of government is to protect individual liberty and property rights, protect the environment, provide for national defense, and finally to incentivize its citizens to be as self sufficient and as rugged as possible. The strength of our society is only as strong as the members who comprise it. Currently, local, state, and Federal governments are doing the exact opposite of that -- they strip us of our liberty, tax us to death, create dependency which weakens individuals and our economy, and disincentivizes people from maximizing their production by punishing the most productive and most responsible in order to reward the lazy and the irresponsible. You should never enact any law that cannot be enforced affordably, effectively, and unilaterally without selection. If tenants have issues with health and safety then they can let their lease expire and move out, or even sue their landlord for bodily harm. They can I vote with their dollars and their feet. My leases were autorenewing every month-to-month and then later to every millisecond so my tenants were essentially free to leave anytime. Thus I as the landlord was incentivized to make sure that they enjoyed their stay, and they were incentivized to not be difficult or they would have to leave. Worked out great. I only had to ever kick out 1 tenant who claimed his vaping wasn't the same as smoking. You should have added an exemption to the law for landlords who have autorenewing leases with durations of 24 hours or less, or who do things like have a pay by the hour system. That way tenants are free to leave anytime they feel the slightest amount of discomfort in their rented space. Cheers, Richard On Wed,Ian 5, 2022 at 11:23 AM Rich DePaolo <RDe Paolo@town.ithaca.ny.us>wrote: Dear Mr. Ballantyne, Thank you for sharing your sentiments. Ms. Hunter has retired from the Board and is not copied on this response. It is clear from reading your email that you are not delineating between the City and Town of Ithaca, and that you are confused about which regulations apply in those respective municipalities. I am also unclear as to how one health and safety inspection every three years on a rental property could be seen by a landlord as"onerous." Apparently,your threshold is lower than every other landlord in the Town, including those who have many student rentals, as you are the only one to either register a complaint, or discontinue offering rental property. Regards, Rich >On Jan 5, 2022,at 10:50 AM, Richard Ballantyne<richardballantyne@gmaii.com>wrote: >Thank you Mrs Hunter for opposing this. > Rich DePaulo I wish you would resign. > I quit being an Ithaca landlord in 2016 due to the onerous and intrusive residential rental regs the board passed back then. My family's move to quit being landlords after 30 years reduced the supply of Ithaca housing for 10 2 students. Sold one property in Cornell Heights and the other unit I've just kept vacant and am using for storage. I also decided not to buy some of the I_ucente duplexes they just sold for fear of having to deal even more onerous landlord regulations that you guys might pass. Your law ultimately lowers the demand for property here and suppresses home values,and thus tax revenues. > I would have left Ithaca years ago due to high property taxes and due to the politics but am trapped here until my daughter graduates from the local social justice warrior factory otherwise known as IHS. > > Every new reg you pass just reduces the supply of whatever you're regulating,which drives up costs, lowers competition, and creates barriers to entry. Then when you attempt to rectify the very shortage you created with subsidies,abatements, and other forms of crony capitalism,you must raise taxes to pay for this,which just drives away your tax base. > > Please start repealing the existing regulations and stop making new ones to oppress us and to hurt the competitive free market. > I'm confident the board will eventually be forced to repeal both the short and long term regs, as well as put an end to things like "right to renew" and the new law that forces developers to hire locally 75%of their workers. You will need to repeal in order to attract capital investment as well as new residents once the money runs out, once interest rates rise, asset bubbles pop, and once the Federal government can no longer afford to recklessly back all student loans (regardless of major or ability to repay). Student loans have been keeping Ithaca afloat for decades since they dramatically drive up IC and CU revenues and help the Ithaca economy. > > Happy new year. > Richard Ballantyne 3 Paulette Rosa From: Susan Terwilliger <suzegitar@mac.com> Sent: Monday,January 3, 2022 6:12 PM To: Paulette Rosa Subject: Short Term Rental Legislation Would you be so kind as to forward this to the Town Board members - thank you - Sue Dear Board Members: Thank you for taking public comments on this issue. I appreciate the goal of keeping housing stock available for residents, and to preserve the quality of neighborhoods. It was extremely helpful to hear the Board's discussion following the public comments. I was disappointed to hear that fines are controlled by the state, so the Town can't wield that tool as aggressively as I had hoped. Perhaps the granting or suspending of permits could be a tool for making sure STR owners are considerate of their neighbors. Hopefully this law will be a living document, able to adapt and respond going forward as needed. I really appreciate Tee-Ann Hunter's comment about the Lakefront: there's almost no public access to the Lake in the Township. As she asked, could the hotel tax that all STR hosts pay go towards purchase of Lakefront property that would allow public access? As far as I know, the only Town of Ithaca public access to the Lake is at East Shore Park, which is a beautiful but tiny spot that does have a small kayak launch/beach(but an equally small parking lot). A lofty long term goal might be to establish a small park with swimming/picnic area, and parking permits for Town residents only (similar to Myers Park but smaller). - Sue Terwilliger i 29 Dec 2021 Town Board of the Town of Ithaca 215 N Tioga St. Ithaca, NY 14850 Michael Hayes 161 Snyder Hill Rd. Ithaca, NY 14850 RE: Strong opposition to the arbitrarily discriminatory proposed STIR regulation as proposed Greeting Mr.Goodman and Town Board members. I write in opposition to the regulations as written and presently being pushed in the face of clear opposition by those you are voted in to represent. Clearly, by the majority of comment,there are major errors as presently written. As to being put out by having to take more comment, what entitlement leads you to disparage a clear listening to the points of view of your constituents, who loathe the economic effects this intends to inflict on their personal finances and the highest and best economic use of THEIR/OUR property?! The Town does not pay for our property at all. Each homeowner pays for their property, all of its costs, including paying very high property taxes to live in the Town! We are legally entitled to generate whatever revenue we can to meet our costs in the use of our private personal property. This proposed STIR rental seeks to prejudicially restrict a notable stream of funds thus restricting by Government fiat the highest and best economic value of our property. I think here of any owner who wants or needs to be a sunbird while paying for their months away from their Ithaca home part of the year. Let's cover the most serious law violation this ordinance creates. First,discrimination at a 9 to 1 (9:1) ration of STIR rental days per year in favor of only Lake properties vs regular home owners. I have a 5 year rental permit for renting our home when my work as airline captain moves us for a year or two. One inspection, one fee,follow the rules no issue to anyone. The rule is the same for any home in the Town. There is a legal process known as inverse condemnation. It applies to what you are seemingly without an open mind determined to pass here. "Inverse Condemnation applies when a government (the Town Board)takes a property for public use that greatly damages the value of the plaintiff's property. To successfully bring an action for inverse condemnation the property owner must show that a government's taking has failed to promote substantial governmental interests or has deprived the owner of the economic value of their property. A government that takes a private property for public use may be required to provide just compensation even where there is no physical invasion of the property, such as in regulatory taking where a government permanently deprives the property owner of all or the highest beneficial use of their property. The STR proposal,to even be debated as a legal Government ordinance, needs to have the SAME maximum days per year for ALL areas of the Town!!!!! Lake owners are not more privelaged than non-lake homeowners. That alone will fall in a Court challenge which will certainly promptly come if this is passed as written. The proposed also will raise costs to the Town by tracking the internecine requirement to report every STIR event. I doubt that stands muster in Court. Further there are laws on the books now for police to solve the "issues from 4 years ago"that motivate this dubious exercise today. Those police departments already have budgets that are unchanged addressing any noise or parking violations without raising our Town taxes. This is a sledgehammer being used to drive a tack, a solution in search of a problem by the Town Board. Michael Hayes 607-370-5310