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HomeMy WebLinkAboutTB Minutes 2022-05-09 MEETING OF THE ITHACA TOWN BOARD May 9, 2022 Under Chapter 56 of the Laws of 2022, this meeting will be held in a hybrid fashion, with in person attendance permitted and some staff and board members attending virtually. Real time participation via ZOOM link below. https://zoom.us/i/98910958241 YouTube Link AGENDA 1. Call to order and Pledge of Allegiance 2. Chief Parsons, Ithaca Fire Department, update on new station/quarterly report 3. Persons to be heard and Board comments 4. Public Hearings regarding noise permit applications: A. Ithaca Beer: a. Special events i. Approval/Denial b. Weekly Summer Series i. Approval/Denial c. Daily Patio Stereo Music i. Approval/Denial B. West Haven Rd.- D Robertson: Summer outside music following a tribute band tour schedule; 24 shows; 7 - 9pm; June - August i. Approval/Denial 5. Consider adoption of the Water/Sewer High Consumption Refund Policy 6. Public hearings regarding proposed local laws amending provisions related to billing errors and refunds in the Town of Ithaca Code: a. Chapter 210, Sewer Rents i. Adoption b. Chapter 261, Water Rates i. Adoption 7. Public hearings regarding proposed Sewer Improvements, pursuant to Town Law, Article 12-C: a. Town of Ithaca Cecil A.Malone Drive Bridge Sanitary Sewer Improvement project and establishing the Improvement Area i. Adoption b. Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement and establishing the Improvement Area i. Adoption 8. Public hearing regarding a proposed local law, entitled"A Local Law Authorizing the Town's Public Bodies to use Videoconferencing Technology to Participate in Public Meetings a. Consider adoption of"Video Conferencing Public Body Meeting Participation Policy" b. Consider adoption of local law"Authorizing the Town's Public Bodies to use Videoconferencing Technology to Participate in Public Meetings 9. 6:00 p.m. NY CLASS presentation and consider approval and authorization to sign agreement 10. Consider approval of PEGASYS Budget 11. Consider award of Public Works Facility Fuel Station Design Project 12. Consider acceptance of Mountin Subdivision Sanitary Sewer Concept and Location and authorization to sign associated easements 13. Consider establishing an Open Development Area associated with the Town of Ithaca Ridgecrest Tank Site-172 Ridgecrest Road a. SEQR b. Approval 14. Consider Sewer Exemption requests: a. Enfield Falls Road b. Max's Drive 15. Consider Consent Agenda a. Approval of Town Board Minutes b. Approval of Town of Ithaca Abstract c. Approval of Bolton Point Abstract d. Designate Surplus Equipment e. Noise permit for LaTourelle/Firelight Camps f. Approval of Water/Sewer refund 16. Report of Town Officials 17. Review of Correspondence TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa, being duly sworn,say that I am the Town Clerk of the'rown of Ithaca,Tom pk ins 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/NOTICE NOTICE OF Plk,�BIAC HEARING NOTICE OF ESTOPPEL U NOTICE OF ADOPTION • Noise Permit Applications a. Ithaca Beer b. Westhaven/Elm St Ext TOWN OF ITHACA • Proposed LL Amendments Town Board a.Billing Errors& Refunds NOTICE OF PUBLIC HEARINGS 30 p.m.1717-l'2022 a 5' Sewer/Water Hyb Zoom and To n Ha wll b.Authorization for video Detailed information on all the public hearin g topics and conferencing link to zoom Is available on the Town's WebsIt • PIO's. Establishing Sewer Noise Permit Applications Improvement Areas 1.Ithaca Beer a. Special Events ;,, various days, mostly Saturdays, no a. Cecil A Malone Dr Bridge more than one per Month b. Stewart Park Pump Station b, Weekly Summer Series -Wednesdays,6.8 p.m,. c: Dal Patio stereosMusic Prerecorded "canned" mu- sl Ylurjng operating hours when patio has patrons.. 2.Elm St Ext.Music Series Location of Sign Board Used for Posting: a. Summer Tour Tribute Band - 24 events; 7pm ­ 9prn; I GenerallK on h, Tuesday/Thursdays or Friday/Saturdays; Town Clerk's Office Junel-It throughJulyl6th 215 North Tioga Street Local Laws Ithaca,NY 14850 1.Town of Ithaca Code a. Amending0 C Pr visions Related to Billing Errors and Re.. Town website at www,townjthaca.M.,.g5 funds in apter 210, Sewer Rents ....................................... b. Adding Provisions Related to Billing Errors and Re, Date of Posting: May 2,2022 funds to Chapter 261,Water Rates Date of cation: Ma 2,2022 General 1. A local law authorizing the Town's public bodies to use video conferencing technology to participate in public meetings Paulette Rosa Public Interest Orders Town Clerk I. *Fun resolution and title advertised elsewhere in this newspaper paper a. Establishing a Sewer Improvement Area Cecil A. Ma- STATE OF NEW VORK) lone Drive Bridge b. Establishing a Stewart Park Sewer Pump Station 02 COUNTY OF TOMPKINS)SS. Improvement Areas TOWN OF ITHACA) 512/22 Sworn to and subscribed fore me this 2r"' day of May 2022. Notary Public BECKY L.JORDAN NOTARY PUBLIC,STATE OF NEWYORK Registration No.01 J06186391 Qualified in Tompkins County Commission Expires APRIL 28,209? TOWN OF ITHACA AFFIDAVITOF POSTING AND PUBLICATION 1, Paulette Rosa,being duly sworn,say that I am theTown Clerk of theTown of lthaea,'Tornpkins Couro,New York;that the fbI lowing 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 Jourital: ADVERTISEMENT/NOTICE NOTICE OF Pli IRFARING Whereas, the area of said Town determined to be bene, NOTICE OF ESTOPPEL f:ted by said Sewer Improvement Area consists of the err- t re area of said Town excer>tIng therefrom the area con,,,NOTICE OF ADOPTION talried within the Village f %ayu a.Heights, and the 0 consist of the Sewer Improvement Area boun arie?s hall entire area of said Town outside of the Villa a of Cayuga Proposed Cecil A Malone Drive Heights as more fully shown upon a map on Vile in the of flopiof the Town Clerk, which map is avaliable for inspec- Bridge Sanitary Sewer Improvement floin by any person or persons Interested In same during Area regular office hours at said office;and Whereas, said map, plan and report, Including estimate of cost, were prepared by as competent engineer, duly li, I-meation of Sign Board Used for Posting: tensed by the State of New York, and have been filed in the office of the Town Clerk of said Town, where the Town Clerk's Offlce sarne are avaliable during regular office hours for excirri 215 North Tioga Street nation by any person or,persons Interested In the subject Ithaca,NY 14850 matter thereof;and I Whereas, tine Improvement proposed in connection with the estabilshment of the Sewer Improvement Area con, Town website at%vww1t(AwnJthaca.p .,.gS sists of replacing approxiiniately 167 LF. of 8" cast iiron force main with new 12" force rnain across the complete Date of Postii y May 2,2022 1 brid?a project limit of disturbance, n ad installation of 88 LF o,redundant 12" DIP force main for future use, as well Date of P ation: May 2,' 022 as other ancillary and incidental improvements and ex- penses In connection therewith, at a maximurn estimated cost 'to the Sewer Improvement Area of 41.57% of $191,204,which is$79,48a.50, and Whereas, said maxlryium estimated cost she" The author, ized to be financed by the Town of Ithaca by the expen, Pulesie Rosa diture of current revenues anti surplus funds from sewer Town Clerk rents nand charges from said Sewer Improvement Area, r ovided however, grants-in-aid may be received and oft, fired therefor;and STATE OF NEW YORK) Whereas, it is proposed that the cost of the Improvernant COUNTY OF TOMPKINS)SS; shall be borne by the real property in said Sewer Im- irov a nt Area by assessing, levying upon and collecting ToWN OF ITIi from Thee several lots and parcels of land within such Sew- er Improvement Area, outside of any llaqebs�whlch the spec�l y to Town Board shall determine and espedafty Sworn to and subscribed before me this 2 M day beriefitted by the Irnprovernent, an arnount sufficient to pay the cost, and of may 2022. Whereas, said maximum estimated cost is riot greater dff C than one tenth of one per centurn of the full valuation of the taxable reai'property In the area of the Town of Itha- ca outside of any villages and, therefore, in accordance Notary Pub with the provisions of rubchvis;on 13(a) of Section 209-cl Pub of the'Town Law,the permission of the State Comptroller is; not required for such Improvernent and the establish- BECKY L.JORDAN anent of said Sewer Improvement Area;and rNOTARY PUBLIC,STATE OF NEW YORK Whereas, on Septernber '17, 2020,the City of Ithaca Board Registration a Registration No.0 1106186381 of Public Works,'acting as lead agency in a coordlinated Qualified in Tompkins Counf)r enviroriniental review, issued a negative determination of environmental signifficance under the State Environ- C'o 'Ws 'n� ominksion Expires APRIL 28,20,90( mental Quality Review Act (SEQR) for the Improvement,, --------- and Whereas, it is now desired to calla public hearing for the Firpose of,considering said rinap, plan ,,and report, includ­ .19 estimate of cost, and the providing of t e Irnprci rnent, and to hear'all personsInterested in the subject Notice of Public Hearing thereof concerning the same, in accordance with the pro- visions of Section 209 cl of the Town Law, now, therefore, Subject to Permissive fteferenclurit be it TO Reisolutilors 202.,4_-_066; girder,Settlnq a Publi ReStardin""""', _K9prIn9 Ordered, by the Town Board of the Town of Ithaca, _ g 0 ProPo*ed $ewer ImJsT,qvPM%nt for ther Town Tompkins County, New York,as foil lows: of ItP!0ca,.TqriipkIn-s C_ ­__., 0R"ty.,_Npw York, pursuin �6j Art(. CT 12-�C,crfjhia I 1­11 11 11-11-111-1111-__pt e Town kopw1h,@shqLtown 'of Section 1, A public hearing,shan be held by the Town 4kq "i4w, to Drive SWftr_-LM- oard -of the 'Town of Ithaca, Tom kIns County, New m ranee est _Tl`s1Q4'9-tW4i Town of Ithaia calcti_^ York, at the Town Hall, 215 North Tioga Street, in Ithaca, provement and iii p Matopta !jlk New York, in said Town, on May 9, 2022, at 530 o'dock P.M., Prevailing Time, to conslder the aforesaid map, plan lPresent. Rod Howe, Supervisor; Member Pamela Bleiwas, and report, including esUrriate of cost, and the question Eric Levine, Rich Dei Margaret Johnson' and Bob of providing the Irnprovernent, and to hear all persons in- Rosen Moved by Eric Levine,ne,seconded by inch ePaolo terested in the subject thereof concerning the same and to take such action Thereon as is required 13y law. Whey'eas, a map, plan and report, Including an estimate of cost, have been duty prepared In such manner and in Se loin 2, The'Town Clerk is heireby authorized to c Town cause such detail as has heretofore been determined by the a copy of this order to be published once in the ffrIcl.1 Board of the Town of Ithaca, Tornpkins County, newspaper, and also to post a copy thereof on the Town New York, relating to the establishment and construe signboard maintained by the Town Clerk, not less than tion, Pursuant to Article 12 C of the Town Law of sewer J ten (10) nor more,than twenty (20) days before the day system Improvements to be known and Identified as the desIgnated for the hearing as aforesaid, in accordance Town of Ithaca Cecil A, Malone Drive Bridge sanita with the provisions of Section 209 q of the,town Law. -Seqover improvement (the "Improverrient"), 10 provide such I rn prove rrierst to the present Town sewer system, S9ctI9r1 4, This Order shall take effect ininieciat0y. such improvement to be jointly constructed and jointly owned by the Town of Ithaca and the City of Ithaca, to The question of the adoption of the foregoing Order was serve a beriefitted area In said Town to be known as the duly put to as vote on roll call, which resulted as follows: Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Rod Howe, aye; Pamela Blelwas, aye; Eric Levine, aye; Rich Sewer improvement Area (the "Sewer irriprovemen ay t DePaci e; li a"),and -are' Johnson, aye Jons , and Rob (Rosen„ osen, ye Are . The resolution was thereupon dec=d duly adopted. 5622 TOWN OF ITHACA AFFIDAVIT OF POSTING AND PUBLICATION 1, Paulette Rosa,being duly sworn,say that I am the:Town Clerk of die Town of Ithaca,'Forripkins County,New York; that the following notice has been duty posted on the sign board of the Town Clerk of the Town of Ithaca and the notice has been duly published in the of licial newspaper,1111aca Journal: ADVERTISEMENT/NOTICE NOTICE OF PUBLIC HEARING NOTICE OF ESTOPPEL NOTICE OF ADOPTION Whereas, said map, plan and report, induding estirmste a Proposed Stewart Park Sanitary of cost, were prepwed by a competent engineer, duly li, State censed by the at. of INew York, and have been filed in Sewer Purnp Station#2 and Force the office of the Town Clerk of said Town, where the Main linprovernent Area same are available during regular office hours for exami nation by anyperson or,persons interested In the subject matter thereof;and Location of Sign Board Used for Posting: j Whereas, the Improvement proposed In connertion with the establishment of the Sewer Improvement Area con, Town Clerk's Office n sists of replacing approximately 745 LF. of 51, & 611 Cast 215 North'Hoga Street Iron force main with new 6" DIP/HDPE force main from the existing Valve vault at James L. Gibbs Drive to the Ithaca,NY 14850 connection location at the intersection of East Shore Drive & North Cayuga Street, includirW the replacement of the pump station control panel, oat switches, ball Town webs i teat www.town.ilhac w& valves and power conduit, as weri as other ancillary and , _0 ..............—.-- ,ja_ Incidental nprovements and expenses in connection Date of Posting: May 2,2022 therewith, at a maximum estimated cost to the Sewer Im. 11 �rovement Area of 41.57% of $172,810, which Is Date of n: May 2 022 71 837.12; and Whereas, said maximum estimated cost shah be author ized to be financed by the Town of Ithaca by the expen diture of current revenues and surplus funds from sewer rents and charges from said Sewer improvement Area, Paulette Rosa ovided however, grants-in-ald irnay be received and of!- flared therefor;and Town Clerk Whereas, it is proposed that the cost of the Improvement shall be borne by the real property in said Sewer Im, Frovement Area by assessing, levypn? upon and collecting STATE OF NEW YORK) orn the several lots and parcels of and within such Sew, COUNTY OF TOMPKINS)SS: er improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially TOWN OF ITHACA) benefitted by'the improvement, an amount sufficient to pay the cost,and Sworn to and SUbscribed before me this 2,d day Whereas, said maximurn estimated cost is not greater than one tenth of one per centurn of the full valuation of of 2021 the taxable real property in the area of the Town of Itha.. ca outside of any villages and, therefore, In accordance with the provisions of subdivision 13(a) of Section 209�q of the Town Law,the permission of the State Comptroller bl le BECK�L J is not required for such Improvement and the establish Notary ublic EC L JORDAN ment of said Sewer Improvement Area;and NOTARY PUBUC,ST�ATE OF NEWYORK Whereas, the Town Board has determined approval, con, f struction and implementation of the Improvement to be Registration No.0 1 J06186381 a "Type 11 Action pursuant to the regulations of the New Qualificil in Tompkins County York State Department of Environmental Conservation u n promulgated pursuant to the State Environmental Quall- Commission Expires APRIL 28,20,01, ty Review Act (SEQIR) for the following reasons., the lrn,. provement Includes the purchase of equipment, replace anent In kind of facilities on the same site, and repair In Notice of Public Hearing volving no substantial changes in an existing structure or Subject to Permissive Refeirendurn facility; and thus per the SEAR regulations the Improve, merit win not, have a significant Impact on the env$ron To,ftesolution 2022 -,067., Order Seetthgp,Fy41k kilearm ment, and approval, construction and Implementation of Regarding'a_10-nipas e"d-,S'evver''im" 'pro' vement for the-Tiw-n the Improvement are not subject to review under SEOR; of Ithoco"'Irompilsips County,,New York, purluftist to,, and " , '' 6_ __" .. ...........fi ile'll�g-,Ccifthe-Tow Law. tq_ ek(LRwhAi_f_eTovvriof Ithaca.St9yyqrJ_Pp Sp d Whe ai,' it is now desired to call a public hearing for the "_$AW9 re_r,PttMp_St&tIon 02 a" 0orie Main itriproveMppit "no,as*obusirsing ttga Toveaara of Inca of considering said map, plan and re ort, Include ng estimate of cost, and the providing of thpe Improve,, went, and to hear all persons Interested in the subject thereof concernin? the same, in accordance with the pro- Present. Rod Howe, Supervisor; Member Parnela Blelwas, visions of Section 09 q of the Town Law; now, therefore, lEric Levine, Rich h DePaolo, Margaret Johnson, and Rob be It iRosen Moved by Parnera BleNvas, seconded by Eric Lev Ine Ordered, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows. Whereas, a malp, plan and report, Including an estimate of cost, have been duly prepared in such manner and In A public hearing shall be held by the Town such detail as has heretofore been determined by the Board, at Town Hall, 215 North Tioga Street, Ithaca, New Town Board of the Town of Ithaca, Tompkins County, York, on Ma, 9, 2022, at 5:30 o,Zloclk P.M., Prevailing New York, relating to the establishment and construe- Time, to conZder the aforesaid map, plan and report, in- tion, pursuant to Article 12-C of the Town Law, of sewer cluding estimate of cost, and the question of providing t i improvements to be known and Identified as the the Improvement, and to hear all persons interested in '[a yoswnof Ithaca Stewart Park SanitarySewer Pumpconcerning them Station the subject thereof concernin th same and to take such dig and Force Main Improvement, ilie "Improvement"), action thereon as is required by law. to provide ouch Improvement to the present Town sewer system, such Improvement to be jointly constructed and The Town Clark is hereby authorized toeause a Jointly owned by the Town of Ithaca and the City of Itha- copy of this Order to be published once in the official ca, to serve a benefi"ed area in said Town to be known newspaper, and to post a copy on the Town signboard as the Town of Ithaca Stewart Park Sanitary Sewer Pump maintained by the Town Clerk, not less than ten (10) nor Station #2 and Force Main Improvement Area (the "Sew. more than twenty (20) days before the day designated er Improvement Area"); and for the hearing as aforesaid, In accordance with tfid pro. visions of section 209 q of the Town Law. Whereas, the area of said Town determined to be bene, fired by said Sewer Improvement Area consists of the en- Ag�ft[qf!_I�This Order shall take effect Immediately. tire area of said "town excepting therefrom the area con, tained within the Village of itayuga Heights, and the clue don of the adoption of the forego! Order was y uj,� Sewer Improvement Area boundaries shaIl consist of the drh. to a vote on roll call, which resulte!g as follows: entire area of said Town outside of the Villa e of Cayuga Rod put to aye,, Pamela Bleiwas, aye; Eric Levine, aye; Rich Heights as more fully shown upon a map or3le in the of- DePaolo, aye;Margaret Johnson,aye and Rob Rosen,aye. fice of the Town Clerk, which map is available for Inspec- tion by an person or persons Interested in same during The resollution,was thereupon ctedared duiy adopted. regular office hours at said office;and 5/2/22 MEETING OF THE ITHACA TOWN BOARD May 9, 2022 Under Chapter 56 of the Laws of 2022, this meeting was held in a hybrid fashion, with in person attendance permitted and some staff and board members attending virtually. MINUTES Board Members Present: In Person-Rich DePaolo, Pamela Bleiwas, Rob Rosen Virtual - Rod Howe, Supervisor; Eric Levine, Bill Goodman and Margaret Johnson Staff Present: Virtual - Susan Brock, Attorney for the Town; Judy Drake, Director of Human Resources; Susan Ritter, Director of Planning; Joe Slater, Director of Public Works; Donna Shaw, Director of Finance; and Dan Thaete, Director of Engineering In-Person -Paulette Rosa, Town Clerk 1. Call to order and Pledge of Allegiance—Mr. Howe called the meeting to order at 5:30 p.m. 2. Chief Parsons, Ithaca Fire Department, update on new station/quarterly report Chief Parsons presented the history and current plan for the relocated College Ave Fire Station. Key points: 1. A land/building swap where the purchaser of the existing station will be allowed to build taller than what is currently allowed and IFD gets two parcels of land on the corner of elmwood Ave and Dryden Rd. as well as funds to build a new station. 2. Designs showed a two-story station with sleeping quarters, offices and equipment/truck bays, and flex space that can be used for training, emergency operations center, and more 3. Construction costs are estimated at $9M;balanced by $5.1M from the real estate deal and $1 M Federal grant 4. The deal allows operations to continue in the current station while the new one is built, with a reduction of$200K if we are not out by February of 2024 5. Town of Ithaca is responsible for 30% of any Bond issued to pay for this Chief Parsons said he would keep the Board up to date on the progress. 3. Persons to be heard and Board comments—None 4. Public Hearings regarding noise permit applications: Mr. Howe opened the public hearing for the three Ithaca Beer applications. Larry Salinger spoke, saying that he had submitted written comments as well, but in summary, having music for 50 hours a week is outside the parameters of the noise law Rob Geiszler spoke, saying when he went to law school, one of the things he learned was that your right to swing your arms stops at my nose; you don't make the determination as to whether you can swing your arms and then whether the swing broke my nose,just caused a TB 2022-05-09 (filed 6/10) Pg. 1 nosebleed, or was just an annoyance. Same here, whether you are talking about an arm swing or noise. Secondly, it looks like you have already decided to grant the noise permit. Ithaca beer has been selling their beer and burgers outside for a couple of weeks, and I do not think there is a need for outdoor music. The word "need" should not be used anywhere in this determination because there is no need; this is a privilege being granted to Ithaca Beer, not a need. Next, the idea of minimal intrusion. By using that wording, you are admitting that there is an intrusion, but to be clear, you are violating my constitutional right to privacy. How do you define minimal intrusion? Did you research it and can you back it up, or did you just decide it is minimal to you. Next you are saying you are doing a balancing of things here,but where is the balance where you turn to Ithaca Beer and say,you can mitigate this in some ways. You aren't doing that, but you want me to bear the cost of the intrusion. There was no one else wishing to speak to these public hearings and the hearing was closed. Mr. Howe turned to the Board and asked for questions or comments on any of the applications. Ms. Bleiwas asked about the daily canned music and whether this was a new thing Ithaca Beer has been doing and is just coming for a permit now or what the impetus was for this application. Mr. Mitchell responded that they have had the daily outdoor music since they opened in 2012, and the volume hasn't changed, and the speakers haven't changed. Ms.Bleiwas asked when the complaints started;recently or they have been coming all along? Mr. Mitchell responded that Mr. Salinger has brought it up at past meetings, and he didn't think Mr. Salinger had a problem with the live music, but the canned music has been bothering him lately and he went to the State Liquor authority as well. He repeated that there has been no change on their end since 2012. We turn it on when we open, 4pm weekdays and l2noon weekends, and off when we close,typically that is 8:30 or 9:30 p.m. Mr. DePaolo asked about mitigations measures used in the past for the Wednesday live music, and if those will continue. Mr. Mitchell responded that they had tried bales of hay in the past but there were issues, and they have tried tiles and changing the angle of the band and speakers, and he hadn't heard complaints since then. TB 2022-05-09 (filed 6/10) Pg. 2 Mr. DePaolo asked about the Code Enforcement visit and the attempt to determine a level that would be reasonable at the boundaries and acceptable to the patrons, and we have gone out with decibel readers to figure this out. Mr. Mitchell responded that the music is much closer to the patrons, and he makes the determination that it is reasonable based on the sound where the nearest patrons are and their ability to speak to each other comfortably. That is my goal. Patrons need to be able to talk comfortably and the nearest house from that is 700 feet. If people close to the source can talk comfortably, the assumption is the noise at over 700 feet away is reasonable. Mr. Howe asked Mr. Moseley to report on that visit. Mr. Moseley stated that they visited the site last year and determined the level should be reduced from what they traditional had it set at, which they did. They did work with us. There is no decibel level on their equipment, but there is a sound setting for each speaker. There is a far speaker and one closer to the exit door on the backside. Mr. DePaolo asked Mr. Mitchell if he has followed those levels and has there been communication with the neighbors to get feedback on those levels and are you asking for a higher level or to continue at those levels. Mr. Mitchell responded that all managers have an alarm set on their watches to turn the outdoor music off by 9:30 and the levels have been what were agreed upon and he asked Mr. Moseley if there had been any comments to the town. Mr. Moseley said the levels were adjusted by having a Code person at Peachtree Lane and communicating with us while we set the levels. Mr. Mitchell responded that they have stayed within the levels and have not been using two speakers, although one manager was not aware of those being off on purpose and turned them on, but that has been rectified. We have been staying within those levels until this hearing. Patrons are talking over the music; you hear them, not the music for the most part. When talking to the Code Officer on Peach Tree Ln, she could hear the traffic on Rte. 13 and the people talking more than any music. It would be nice for patrons to be able to hear the music. It was suggested that we apply for a noise permit for this year. Mr. DePaolo said it sounds like you would like it a little louder so guests can experience the music adequately. Mr. Howe said he would be more comfortable if the approval was for the levels set last year, even though you think it isn't perfect, it seems a sort of consensus was reached. Mr. Rosen said he was concerned about this as it is contrary to the law,which is for"unusual occurrences" and authorizing this for 10 hours a day for three months, continuous and TB 2022-05-09 (filed 6/10) Pg. 3 pervasive, is not within the intent of the law. He felt the noise should be kept at a level not requiring a noise permit. Mr. Goodman said that in general over the past years, he has been supportive of the special events and weekly music and hadn't realized that the canned music had become an issue and he can understand the concerns because that is five afternoon and nights a week. He said he would like to experience the sound level from the Peach Tree area and he suggests that the permit be issued through the end of June to allow for that. Mr. DePaolo wanted to be clear, saying this would be to operate the music at the levels agreed upon and is there a record of that level. Mr. Moseley said there is no decibel setting but the levels were noted in the report of the visit. Mr. Mitchell asked if the determination was that no music could be heard on a neighbor's patio? Mr. Moseley responded that it was not;it was just a lower level than what it had been playing at. TB Resolution 2022 —071: Noise permit for Ithaca Beer Co. for daily outdoor seating area canned music Whereas, the Town Board held a public hearing on May 9, 2022 regarding a noise permit application for daily canned music to the outdoor seating area(s)received by Ithaca Beer Co., and discussed the request, now therefore be it Resolved that the Town Board grants a noise permit to Ithaca Beer Co. for the purpose of entertaining guests outdoors in their patio area(s) at their location of 122 Ithaca Beer Dr., during the hours of operation, Wednesdays through Sundays, from 11:30 am through 9:30 p.m. through June 13, 2022, with the following Conditions: 1. The sound level of the music will be no louder than what was discussed last year with Code Enforcement, and 2. The permit is valid through June 13, 2022, to allow members to visit the site, and with the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music event is necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required(Town Code §271-15.1)(3), and TB 2022-05-09 (filed 6/10) Pg.4 2. The waiver is the minimal intrusion needed,because the amplification is needed to provide dinner music to the area, no later than 11:30 a.m. through 9 p.m., which hours are within"daytime hours" as defined by Town Code § 184-4; the entertainment is intended to be background in nature and not overly intrusive, and 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the music is not excessive or unusually loud, or unusual in nature or duration for this type of commercial entity, with the above-listed limitations in place to minimize to the extent practicable, the intrusion on the neighbors. Moved: Rod Howe Seconded: Rich DePaolo Vote: ayes—Howe, DePaolo, Levine, Bleiwas, Johnson, Rosen and Goodman Wednesday Summer Music Series Mr. Rosen asked about past complaints on this music and what the process has been. Mr. Moseley responded that these are after office hours so any complaint would go to the Sheriff's office for enforcement, and we would not necessarily know about it unless the person contacts us as well. Mr. DePaolo added that in years past there has been communication between Ithaca Beer and the neighborhood to discuss reasonable mitigations, which were tried at various levels of success and then modified. He said he would encourage that type of communication to continue and the Board appreciates those efforts. Ms. Bleiwas commented that this is a tremendous asset to the community, and it is refreshing to get outside again and gather with friends, especially in our cold climate where such opportunities are limited. We do balance the effects, and someone talked about constitutional rights and privileges, and this is the balancing we do regarding the limited disruption from these special events to a small number of people who live in the town with the asset of the unity provided through these events. She went on to say that these are overwhelmingly supported, and we appreciate their attempts to mitigate and negotiate over the years and we continue to come to this table to discuss the same issues and work it out, but some people may never think it is okay, and that is okay. TB Resolution 2022 —072: Noise permit for Ithaca Beer Co. for a Summer Music Series Whereas, the Town Board held a public hearing on May 9, 2022, regarding a noise permit application for a Summer Music Series received by Ithaca Beer Co., and discussed the request, and Whereas, as stated in the application speakers will be faced to prevent amplified noise bouncing off brewery and facing Route 13, now therefore be it TB 2022-05-09 (filed 6/10) Pg. 5 Resolved that the Town Board grants a noise permit to Ithaca Beer Co. for the purpose of their Summer Music Series,entertaining Guests at their location of 122 Ithaca Beer Dr.,on Wednesdays from 6:00 pm— 8:00 pm May 4th through October 5th, with the following Conditions: 1. That the mitigation measures detailed on the application and used successfully in past years are continued, and with the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music event is necessary for a valid purpose,because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required(Town Code §271-15.1)(3), and 2. The waiver is the minimal intrusion needed, because the amplification is needed to provide dinner music to the area, and music is limited to 6 p.m. to 8 p.m., which hours are within"daytime hours" as defined by Town Code § 184-4; the entertainment is intended to be and has proven to be background in nature and not overly intrusive; the amplification speakers must be located on the taproom lawn and face Route 13 and have hay bales stacked to provide some mitigation where the band is playing, and 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment,because the music is for a limited amount of time during the early evenings on the specified dates, with the above- listed limitations in place to minimize the intrusion on the neighbors. Moved: Rob Rosen Seconded: Rich DePaolo Vote: ayes—Howe, Johnson, DePaolo, Levine, Rosen, Bleiwas and Goodman Mr. Howe turned to the Special Events application. Mr. Rosen said he wanted to echo Ms. Bleiwas' comment and state that he also thinks Ithaca Beer is a huge community asset. TB Resolution 2022 —073: Noise permit for Ithaca Beer Co. Seasonal Special Events Whereas, the Town Board held a public hearing on May 9, 2022, regarding a noise permit application for a Seasonal Special Events received by Ithaca Beer Co., and Whereas, as stated in the application speakers will be faced to prevent amplified noise bouncing off brewery and facing Route 13, now therefore be it Resolved that the Town Board grants a noise permit to Ithaca Beer Co. for the purpose of their Seasonal Special Events, entertaining Guests at their location of 122 Ithaca Beer Dr., mostly on Fridays, no more than one a month, October, with the following TB 2022-05-09 (filed 6/10) Pg. 6 Conditions: 1. That the mitigation measures detailed on the application and used successfully in past years are continued, and shall not go later than 9:00 p.m., and with the following Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music event is necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and Ithaca Beer's Planned Development Zone specifically allows for music events, subject to or upon the issuance of any permits required(Town Code §271-15.1)(3), and 2. The waiver is the minimal intrusion needed,because the amplification is needed to hold special larger events and are limited to once a month, no later than 9p.m., which hours are within"daytime hours" as defined by Town Code § 184-4; and 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the music is for a limited amount of time on the specified dates, with the above-listed limitations in place to minimize the intrusion on the neighbors. Moved: Rod Howe Seconded: Margaret Johnson Vote: ayes—Howe, Johnson, DePaolo, Levine, Rosen, Bleiwas and Goodman B. West Haven Rd.- D Robertson: Summer outside music following a tribute band tour schedule; 24 shows; 7 -9pm; June-August Mr. Delaney spoke, saying that he and his wife live across the street from Mr. Roberts for 29 years and he's been a good neighbor during that period of time to us. But he has a habit of playing his music loud, but it really only bothered us this last past year for the first time. He said he took the time to look up the noise ordinance on the town's website, and found, to our surprise, that it is very strict and so of course we felt David was violating the noise ordinance by playing his music so loudly. Last August 24th,we sent him an email asking him to lower the volume after several loud nights. We found that we could hear the music in our living room just watching tv. David did respect our wishes and lowered the volume that particular night. We have known Dave for a long time and we know the music and especially the Grateful Dead is very important to him, but we are not in favor of a permit for 24 concerts in June and July. Frankly, this is the good weather months and we do not feel like listening to this music four times a week including every weekend, when we want to use our backyard and be outside. These are not huge neighborhood events as stated in the application, although people in the neighborhood have participated over the years, but it is not the entire neighborhood gathering TB 2022-05-09 (filed 6/10) Pg. 7 each and every night, as implied, and we were surprised at how many neighbors signed the petition in support of these and said they attended these events, so we are willing to compromise with Dave for sure, and permit one each month and the rest should conform to the noise ordinance. Marc Reed spoke, and thanked the Board for notice, and saying: I have lived approximately 350 feet from 101 West Haven for 13 years and on many occasions, David has had his music so loud that I am able to hear it clearly in my living room in the summer and frequently, the music will be played for multiple hours, with the longest period of time that music has been audible on my property has been 10 hours. Maybe three or four times over the years I have walked down the street to ask him to turn the music down. Sometimes he is receptive to the request, and it is quieter for a few weeks, sometimes, he is clearly inebriated and defensive. Last year, he had his music so loud that you hear clearly from the top of the hill, which is approximately 800 feet from his house according to Google maps. On this occasion I promised him that going forward, anytime I heard his music when I was inside my house, I would call the Sheriff, and the next time I heard his music inside my house, I did call the non-emergency Sheriff's number and made a complaint. It has been quieter since then. As far as I can tell,he wants to stream these concerts that are happening in other parts of the country on his sound system, and each occasion that I've walked to his house and knocked on the door loud enough so that he could hear me to answer it, there's been maybe one other person there. I have never seen anyone outside his house listening to music, so that was surprising that the application stated 20-25 people and that made me wonder if he was selling tickets to this and so I was thinking that if this music for three friends, is audible at a distance of 350 feet from his house, then it will infringe upon the enjoyment of my property and I would ask that the Town not grant this. Thank you. Mr. Reed's partner, Brian spoke, saying; I just wanted to add, like everyone else, I've not seen anybody there, and this application is saying that this is an event we've been doing for years and people come and I've never seen anybody and when he goes in after 9, the music doesn't go in, because the enclosed porch is a screened porch, so it does not stop the noise at all. He has said he can't hear the music over the traffic, and I have sat here in my house and a truck went by with a very loud muffler, or the dirt bike type of motorcycles and not once have I had to turn up my computer to hear, and it is not loud, and certainly not a multi speaker systems. The applicant, Mr. Robertson spoke, saying: I supplied the town with at least 100 pictures of people attending these events and one of those was Mr. Delaney, and many other people in the neighborhood, and other people in the neighborhood like to sit on their own porches and yards and listening to the music. There was no one else wishing to speak and the public hearing was closed and brought to the board for comment. TB 2022-05-09 (filed 6/10) Pg. 8 Mr. Goodman said that this is pretty unusual and he knows we have never had an individual ask for this many noise permits, so I see this as being very different than the Ithaca Beer permits. Although we do have a lot of comments and a lot of emails from neighbors who were fine with this as well as the signatures on Dave's petition, but, I do have some sympathy with the neighbors who have concerns about it and just like the canned music versus the special events, if there are a couple a year, that is fine,but so many in a 6-week span seems to be a bit much. So, I would not be supportive of this, but I would consider maybe granting a permit for some of them, maybe a bit more than what was suggested of 1 each month, but I would also urge Mr. Robertson to look into headphones so he and his guests could enjoy the music without it traveling to the neighbors. I enjoy the Dead myself, but 20 times within a month, I would get sick of it too, so I would be interested to hear what others think, and maybe permit some, but I am not in favor of going for the entire series. Mr. DePaolo said; I largely concur with Mr. Goodman on this matter. I think that my interpretation is that this isn't just sort of something like a barbecue where there's ambient music, this is you're trying to sort of replicate a concert experience for the people in attendance, to some extent, right, and there's a visual component to this as well, so there's videos and there's audio and I unfortunately think the noise ordinance is fairly clear this is a special event driven ordinance and I think that whenever an applicant comes to the board, there's an assumption that they're going to be creating the nuisance and that is the purpose for the notifications and public hearing. The balancing test then comes down to, is the nuisance that is going to be created outweighed by the Community benefit. I agree that having a couple of special events, even if they were relatively larger in nature than what is proposed, would be more in keeping with the noise ordinance, but 24 events in 30 something days is not what the noise ordinance was designed to allow, and for that reason I would encourage the applicant to modify their request to align better with a special events motif and that type of gathering. Ms. Bleiwas said: I think this is way too many noise events and if I was living next door, although I love the Dead, but if I didn't feel like this for two hours in the evening that day, I would be really angry at yet another night of this. People have a right to have parties and special events, something on the order of once a month seems to be the intent of the ordinance, but this is really outside of that. Mr. DePaolo spoke again, saying: this is more or less a statement to the applicant, which isn't to say that you can't have events and have music and share the music, it is just that the message I am hearing is that to do so at a level that requires or that assumes a nuisance and requires a permit, is excessive for this number of events. Having music in your house is different than having music on the lawn, for example, I think there are ways that you might explore that would allow you to have and share these events with your friends and neighbors and fans that don't spread so far. Eric Levine spoke, saying: I agree with pretty much what everybody has said so far. He can still have 24 events, but they're going to be reasonable and if they are producing unreasonable noise, TB 2022-05-09 (filed 6/10) Pg. 9 anybody can complain to him and he can turn down his music. But a couple of times he can have a permit that people know about in advance and on those limited occasions, they can expect a level that is a little less reasonable, but for the most part, he should keep it at a reasonable level. Mr. Howe agreed, asking if anyone wanted to propose a modification to the resolution that allows for a bigger event, one in June and one in July? Mr. DePaolo said he didn't think we could do that as the notification did not express that or give specific days for that and therefore, we can't hear from people on that type of permit. He asked the applicant when the first date was, trying to determine if there was time to re-notice a revised plan. Mr. Goodman suggested that rather than the Board trying to come up with a plan, the applicant could take what he has heard, even talk to some of us individually to answer questions and submit a new application. Possibly taking into consideration the dates that happen on the west coast which would generally start later and go later in our time zone and look at factors like that and come back with a few dates for our June 13th meeting. Some discussion followed on timing of notification and other processes, and it was determined that the resolution would be tabled until June 13th to allow time for more information from the applicant or a revised application. Motion to table by Rod Howe, seconded by Eric Levine. Unanimous. 5. Consider adoption of the Water/Sewer High Consumption Refund Policy Mr. Howe noted that this has been discussed at Public Works Committee and here in the past. This policy is what is driving the local law changes that follow this item to clarify and integrate the policy into the Code. TB Resolution 2022 -074: Adoption of the Town of Ithaca's Water/Sewer High Consumption Refund Policy Whereas the need for a policy regarding water/sewer high consumption refund requests was identified by the Town and subsequently discussed at the Public Works Committee, Personnel and Organization Committee and the Town Board, and Whereas a draft policy and associated local laws to amend the Town of Ithaca Code were reviewed by the various committees and recommended to the Town Board for action, now, therefore, be it Resolved that the Town Board approves and adopts the Town of Ithaca's Water/Sewer High Consumption Refund Policy and associated forms. Moved: Rich DePaolo Seconded: Rob Rosen Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen TB 2022-05-09 (filed 6/10) Pg. 10 6. Public hearings regarding proposed local laws amending provisions related to billing errors and refunds in the Town of Ithaca Code: Mr. Howe opened the public hearing on the two local laws associated with the policy. There was no one present or wishing to address the board and the hearing was closed. TB Resolution 2022 -075: Adoption of Local Law 9 of 2022; "Amending Provisions Related to Billing Errors and Refunds in Chapter 210, Sewer Rents, of the Town of Ithaca Code Whereas revisions to the Town of Ithaca Code, Chapter 210, Sewer Rents, were necessary to incorporate the Town's Water/Sewer High Consumption Refund Policy guidelines, and Whereas a duly advertised public hearing was held on May 9, 2022 to hear public comments on the proposed local law, and Whereas pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type 11 Action because adoption of said local law constitutes routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment, now, therefore, be it Resolved that the Town Board adopts Local Law 9 of 2022, entitled"A Local Law Amending Provisions Related to Billing Errors and Refunds in Chapter 210, Sewer Rents, of the Town of Ithaca Code" as presented. Moved: Rich DePaolo Seconded: Eric Levine Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen TB Resolution 2022 -076: Adoption of Local Law 10 of 2022, entitled "Adding Provisions Related to Billing Errors and Refunds to Chapter 261,Water Rates, of the Town of Ithaca Code" Whereas revisions to the Town of Ithaca Code, Chapter 261, Water Rates, were necessary to incorporate the Town's Water/Sewer High Consumption Refund Policy guidelines, and Whereas a duly advertised public hearing was held on May 9, 2022 to hear public comments on the proposed local law, and Whereas pursuant to the New York State Environmental Quality Review Act ("SEQRA") and its implementing regulations at 6 NYCRR Part 617, adoption of said local law is a Type 11 Action because adoption of said local law constitutes routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment, now, therefore, be it Resolved that the Town Board adopts Local Law 10 of 2022, entitled"A Local Law Adding Provisions Related to Billing Errors and Refunds to Chapter 261, Water Rates, of the Town of Ithaca Code" as presented. TB 2022-05-09 (filed 6/10) Pg. 11 Moved: Eric Levine Seconded: Bill Goodman Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen Mr. Howe thanked Mr. Slater for his work on this initiative. 7. Public hearings regarding proposed Sewer Improvements, pursuant to Town Law, Article 12-C Mr. Howe opened the public hearing;there was no one wishing to speak and the hearing was closed. Mr. Howe noted that a lot of information on both these public interest orders was presented at the last meeting and in this packet. TB Resolution 2022 - 077: Public Interest Order - Sewer Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement and establishing the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca,New York in said Town, on May 9, 2022, at 5:30 o'clock p.m.,Prevailing Time. Present: Rod Howe, Rich DePaolo, Bill Goodman, Eric Levine, Pamela Bleiwas, Margaret Johnson and Rob Rosen Moved: Rich DePaolo Seconded: Margaret Johnson Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement(the"Improvement"), to provide such Improvement to the present Town sewer system, such Improvement to be jointly constructed and jointly owned by the Town of Ithaca and the City of Ithaca, to serve a benefitted area in said Town to be known as the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement Area(the "Sewer Improvement Area"); and Whereas, the Improvement proposed in connection with the establishment of the Sewer Improvement Area consists of replacing approximately 167 LF. of 8" Cast Iron force main with new 12" force main across the complete bridge project limit of disturbance, and installation of 88 LF of redundant 12" DIP force main for future use, as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of$191,204, which is $79,483.50; and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk of said Town prior to the Town Board's April 25, 2022 meeting, where the same are available TB 2022-05-09 (filed 6/10) Pg. 12 during regular office hours for examination by any person or persons interested in the subject matter thereof, and Whereas, the area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of the Town Clerk,which map is available for inspection by any person or persons interested in same during regular office hours at said office; and Whereas, it is proposed that the cost of the Improvement allocable to the Town shall be borne by the real property in said Sewer Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost; and Whereas, said maximum estimated cost allocable to the Town shall be authorized to be financed by the Town of Ithaca by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area,provided however,grants-in-aid may be received and utilized therefor; and Whereas, on April 25,2022,the Town Board of the Town of Ithaca duly adopted an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and calling a public hearing upon said map, plan and report and the question of providing the Improvement to serve the area to be known as the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement Area, such public hearing to be held on May 9, 2022, at 5:30 o'clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street, Ithaca, New York, in said Town, at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof, who appeared at such time and place, were heard concerning the same; and Whereas, on September 17, 2020, the City of Ithaca Board of Public Works, acting as lead agency in a coordinated environmental review, issued a negative determination of environmental significance under the State Environmental Quality Review Act(SEQR)for the Improvement; and Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve the area to be known as the Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement Area; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: TB 2022-05-09 (filed 6/10) Pg. 13 Section 1.It is hereby determined that it is in the public interest to establish said Town of Ithaca Cecil A.Malone Drive Bridge Sanitary Sewer Improvement Area and to authorize,establish and make the Improvement hereinafter described, and such Town of Ithaca Cecil A. Malone Drive Bridge Sanitary Sewer Improvement Area is hereby established and authorized at a maximum estimated cost to said Sewer Improvement Area of$79,483.50. Said Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map, plan and report presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga Heights. All of the property within said Sewer Improvement Area is benefited by the proposed Improvement, and all of the property benefited is included within said Sewer Improvement Area. Section 2. The proposed Improvement shall consist of the replacement of approximately 167 LF. of 8" Cast Iron force main with new 12" force main across the complete bridge project limit of disturbance, and installation of 88 LF of redundant 12" DIP force main for future use, as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to said Sewer Improvement Area of 41.57% of $191,204, which is $79,483.50. The proposed method of apportioning the costs of the Improvement should not be changed. The method of financing of said cost by the Town of Ithaca shall be by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area, provided however, grants-in-aid may be received and utilized therefor. Section 3. It is hereby determined that the estimated expense of the Improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall not be required for such Improvement. Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of the date this resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the Improvement. Section 5. It is hereby further determined that all of the cost of the Improvement allocable to the Town shall be borne by property within said Sewer Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. Section 6. This resolution is adopted subject to permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Rich DePaolo, aye; Bill Goodman, aye; Eric Levine, aye; Pamela Bleiwas, aye; Margaret Johnson, aye and Rob Rosen, aye. Unanimous. Mr. Howe opened the public hearing; there was no one wishing to speak, and the hearing was closed. TB 2022-05-09 (filed 6/10) Pg. 14 There were no comments from the Board. TB Resolution 2022 - 078: Public Interest Order - Sewer Improvement for the Town of Ithaca, Tompkins County, New York, pursuant to Article 12-C of the Town Law, to be known as the Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement and establishing the Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement Area At a regular meeting of the Town Board of the Town of Ithaca, Tompkins County, New York, held at the Town Hall, 215 North Tioga Street, in Ithaca,New York in said Town, on May 9, 2022, at 5:30 o'clock p.m., Prevailing Time. Present: Rod Howe, Rich DePaolo, Bill Goodman, Eric Levine, Pamela Bleiwas, Margaret Johnson and Rob Rosen Moved: Rod Howe Seconded: Bill Goodman Whereas, a map, plan and report, including an estimate of cost, have been duly prepared in such manner and in such detail as has heretofore been determined by the Town Board of the Town of Ithaca, Tompkins County, New York, relating to the establishment and construction, pursuant to Article 12-C of the Town Law, of sewer system improvements to be known and identified as the Town of Ithaca Stewart Park Sanitary Sewer Pump Station#2 and Force Main Improvement, (the "Improvement"), to provide such Improvement to the present Town sewer system, such Improvement to be jointly constructed and jointly owned by the Town of Ithaca and the City of Ithaca, to serve a benefitted area in said Town to be known as the Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement Area (the "Sewer Improvement Area"); and Whereas, the Improvement proposed in connection with the establishment of the Sewer Improvement Area consists of replacing approximately 745 LF. of 5" & 6" Cast Iron force main with new 6" DIP/HDPE force main from the existing Valve vault at James L. Gibbs Drive to the connection location at the intersection of East Shore Drive & North Cayuga Street, including the replacement of the pump station control panel, float switches, ball valves and power conduit, as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to the Sewer Improvement Area of 41.57% of $172,810, which is $71,837.12; and Whereas, said map, plan and report, including estimate of cost, were prepared by a competent engineer, duly licensed by the State of New York, and were filed in the office of the Town Clerk of said Town prior to the Town Board's April 25, 2022 meeting, where the same are available during regular office hours for examination by any person or persons interested in the subject matter thereof, and Whereas, the area of said Town determined to be benefited by said Improvement consists of the entire area of said Town excepting therefrom the area contained within the Village of Cayuga Heights, and the Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown upon a map on file in the office of TB 2022-05-09 (filed 6/10) Pg. 15 the Town Clerk,which map is available for inspection by any person or persons interested in same during regular office hours at said office; and Whereas, it is proposed that the cost of the Improvement allocable to the Town shall be borne by the real property in said Sewer Improvement Area by assessing, levying upon and collecting from the several lots and parcels of land within such Sewer Improvement Area, outside of any villages, which the Town Board shall determine and specify to be especially benefitted by the Improvement, an amount sufficient to pay the cost; and Whereas, said maximum estimated cost allocable to the Town shall be authorized to be financed by the Town of Ithaca by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area,provided however,grants-in-aid may be received and utilized therefor; and Whereas, on April 25,2022,the Town Board of the Town of Ithaca duly adopted an Order reciting the proposed Improvement, a description of the boundaries of the proposed benefited area, the maximum amount proposed to be expended for the Improvement, the proposed method of apportioning the costs of such Improvement, the proposed method of financing to be employed, the fact that a map, plan and report describing the same are on file in the Town Clerk's office for public inspection, and calling a public hearing upon said map, plan and report and the question of providing the Improvement to serve the area to be known as the Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement Area, such public hearing to be held on May 9, 2022, at 5:30 o'clock P.M., Prevailing Time, at the Town Hall, 215 North Tioga Street,Ithaca,New York,in said Town,at which time and place all persons interested in the subject thereof could be heard concerning the same; and Whereas, notice of said public hearing was duly posted and published as required by law; and Whereas, said public hearing was duly held at the place and at the time aforesaid and all persons interested in the subject thereof, who appeared at such time and place, were heard concerning the same; and Whereas, the Town Board has determined approval, construction and implementation of the Improvement to be a Type II Action pursuant to the regulations of the New York State Department of Environmental Conservation promulgated pursuant to the State Environmental Quality Review Act (SEQR) for the following reasons: the Improvement includes the purchase of equipment, replacement in kind of facilities on the same site, and repair involving no substantial changes in an existing structure or facility; and thus per the SEQR regulations the Improvement will not have a significant impact on the environment, and approval, construction and implementation of the Improvement are not subject to review under SEQR; and Whereas, based on the evidence offered, it is now desired to authorize the Improvement to serve the area to be known as the Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement Area; now, therefore, be it Resolved, by the Town Board of the Town of Ithaca, Tompkins County, New York, as follows: Section 1. It is hereby determined that it is in the public interest to establish said Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement Area and to TB 2022-05-09 (filed 6/10) Pg. 16 authorize, establish and make the Improvement hereinafter described, and such Town of Ithaca Stewart Park Sanitary Sewer Pump Station #2 and Force Main Improvement Area is hereby established and authorized at a maximum estimated cost to said Sewer Improvement Area of $71,837.12. Said Sewer Improvement Area boundaries shall consist of the entire area of said Town outside of the Village of Cayuga Heights as more fully shown and described in the aforesaid map,plan and report presently on file in the office of the Town Clerk. The area hereby determined to be benefitted by said Improvement is the entire area of the Town outside the Village of Cayuga Heights. All of the property within said Sewer Improvement Area is benefited by the proposed Improvement, and all of the property benefited is included within said Sewer Improvement Area. Section 2. The proposed Improvement shall consist of the replacement of approximately 745 LF. of 5" & 6" Cast Iron force main with new 6" DIP/HDPE force main from the existing Valve vault at James L. Gibbs Drive to the connection location at the intersection of East Shore Drive & North Cayuga Street, including the replacement of the pump station control panel, float switches, ball valves and power conduit,as well as other ancillary and incidental improvements and expenses in connection therewith, at a maximum estimated cost to said Sewer Improvement Area of 41.57% of $172,810, which is $71,837.12. The proposed method of apportioning the costs of the Improvement should not be changed. The method of financing of said cost by the Town of Ithaca shall be by the expenditure of current revenues and surplus funds from sewer rents and charges from said Sewer Improvement Area,provided however, grants-in-aid may be received and utilized therefor. Section 3. It is hereby determined that the estimated expense of the Improvement does not exceed one-tenth of one per cent of the full valuation of the taxable real property in the area of said Town outside of any villages and, therefore, in accordance with the provisions of subdivision 13 of Section 209-q of the Town Law, the permission of the State Comptroller shall not be required for such Improvement. Section 4. Pursuant to subdivision 6(d) of Section 209-q of the Town Law, the Town Clerk is hereby directed and ordered to cause a certified copy of this resolution to be duly recorded in the office of the Clerk of the County of Tompkins, New York, within ten days of the date this resolution becomes effective pursuant to Town Law Section 91, which when so recorded, shall be presumptive evidence of the regularity of the proceedings and action taken by the Town Board in relation to the Improvement. Section 5. It is hereby further determined that all of the cost of the Improvement allocable to the Town shall be borne by property within said Sewer Improvement Area constituting all of the area of said Town outside of any villages, and therefore this resolution shall be subject to permissive referendum. Section 6. This resolution is adopted subject to permissive referendum in the manner provided in Town Law Article 7 and Town Law Section 209-q. The question of the adoption of the foregoing resolution was duly put to a vote on roll call, which resulted as follows: Rod Howe, aye; Rich DePaolo, aye; Bill Goodman, aye; Eric Levine, aye; Pamela Bleiwas, aye; Margaret Johnson, aye and Rob Rosen, aye. Unanimous. Mr. Howe thanked Mr. Thaete for his work on these projects. TB 2022-05-09 (filed 6/10) Pg. 17 8. Public hearing regarding a proposed local law, entitled"A Local Law Authorizing the Town's Public Bodies to use Videoconferencing Technology to Participate in Public Meetings Mr. Howe opened the public hearing; there was no one present or wishing to address the board and the hearing was closed. Adoption of Videoconferencing Participation Policy and associated local law. Mr. DePaolo asked who would make the determination as to whether the condition qualifies as an extraordinary circumstance. Mr. Howe responded that the member would have to notify the Supervisor, and he or she would use their best judgement. Ms. Johnson had a question about the local law, asking what would happen if several members were sick or had extraordinary circumstances as far as the quorum requirement. Mr. Howe responded that the meeting would have to be cancelled and rescheduled. There is some allowance for members to satisfy the requirement of a quorum from multiple places that are accessible to the public,but that would seem to defeat the purpose if members were sick. There were no more questions or comments and the board acted on the resolutions. TB Resolution 2022 —080: Adoption of the Town of Ithaca Videoconferencing Public Body Meeting Participation Policy Whereas New York State's Governor Hochul signed Chapter 56 of the Laws of 2022, including an amendment to the Open Meetings Law to make permanent through July 1, 2024, the expanded use of videoconferencing by public bodies to conduct open meetings, under extraordinary circumstances, regardless of the declaration of an emergency, under certain guidelines, and Whereas, one of the aforementioned guidelines is the need for a policy adopted by the Town Board, and Whereas the Personnel and Organization Committee discussed, drafted and moved forward a Video Conferencing Public Body Meeting Participation Policy to the Town Board for action, now therefore be it Resolved that the Town Board hereby adopts the Videoconferencing Public Body Meeting Participation Policy as submitted. Moved: Margaret Johnson Seconded: Eric Levine Vote: ayes—Johnson, Howe, DePaolo, Goodman, Bleiwas, Rosen and Levine TB 2022-05-09 (filed 6/10) Pg. 18 TB Resolution 2022 —081: Adoption of Local Law 11 of 2022, entitled"A Local Law Authorizing the Town's Public Bodies to use Videoconferencing Technology to Participate in Public Meetings Whereas New York State's Governor Hochul signed Chapter 56 of the Laws of 2022, including an amendment to the Open Meetings Law to make permanent through July 1, 2024, the expanded use of videoconferencing by public bodies to conduct open meetings, under extraordinary circumstances, regardless of the declaration of an emergency, under certain guidelines, and Whereas the Personnel and Organization Committee discussed, drafted and moved forward a Videoconferencing Public Body Meeting Participation Policy and associated local law to the Town Board for action, now therefore be it Resolved that the Town Board hereby adopts Local Law 11 of 2022, entitled"A Local Law Authorizing the Town's Public Bodies to use Videoconferencing Technology to Participate in Public Meetings" as submitted. Moved: Margaret Johnson Seconded: Rod Howe Vote: ayes—Johnson, Howe, DePaolo, Goodman, Bleiwas, Rosen and Levine 9. NYCLASS presentation and consider approval and authorization to sign agreement Kathy Saville, Representative for the Central NY region for over 30 years, and former Municipal Finance Director in Monroe County, gave an overview of the NYClass investing program. Key points 1. Over 800 participants across NYS investing over $4.513 for those municipalities and school districts 2. Municipal funds in accordance with General Municipal Law 3. Short term liquid investment tool 4. Can take funds out at any time without penalty 5. Interest is at .42 today, higher than most institutions, and credited daily to your account, and compounded. 6. Program accessible online where you can designate people that have authority to move money around, or,just viewing permission. 7. Simply another tool to maximize sitting funds Ms. Seville went into some finer details and examples of rates and costs in answer to some board questions. Ms. Shaw said, for example, we have $20M earning .1%right now, that could be tripled. The Budget Committee has been and will continue to discuss this, and the intent is to start small and see how it goes. TB Resolution 2022 -082: Approval of and authorization to execute a Municipal Cooperation Agreement with NYCLASS for certain investments TB 2022-05-09 (filed 6/10) Pg. 19 Resolved that the Town Board hereby approves of the NYCLASS Municipal Cooperation Agreement with NYCLASS and authorizes the Town Supervisor to sign the Municipal Cooperation Resolution on behalf of the Town of Ithaca. Moved: Eric Levine Seconded: Bill Goodman Vote: ayes—Levine, Goodman, Howe, Bleiwas, DePaolo, Johnson and Rosen 10. Consider approval of PEGASYS Budget Mr. DePaolo explained that this is a contingency budget, as they have been in the past, because we never know what the amount will be and there are ongoing negotiations about that. He gave an overview of the history of PEGASYS for new members. TB Resolution 2022-083: Adopt 2023 PEG Access Studio Capital Budget Whereas the 2003 Franchise Agreement between Charter Communications and the City of Ithaca authorizes Charter Communications to collect$0.15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio; and Whereas the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement; and Whereas, in anticipation of major equipment upgrades, to be reviewed in greater detail upon receipt from Charter Communications of a line-item proposal, the Access Oversight Committee has approved a 2023 contingency capital budget not to exceed $50,000, and funding to update a PEGASYS website, not to exceed $1,000; and Whereas the Franchise Agreement states that participating municipalities, including the Town of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now therefore be it Resolved that the Town Board of the Town of Ithaca adopts the 2023 PEG Access Studio budget as approved by the Access Oversight Committee. Moved: Rich DePaolo Seconded: Margaret Johnson Vote: ayes—Howe, Johnson, Goodman, DePaolo, Levine, Bleiwas and Rosen 11. Consider award of Public Works Facility Fuel Station Design Project Mr. Howe noted that there was only one bid received, but it was under the budget and a firm we have worked with before and so we are comfortable moving forward. TB 2022-05-09 (filed 6/10) Pg. 20 Mr. Thaete added that there were 10 bid holders,but only two came to the pre-bid meeting and one submitted bid. He spoke with some firms, and they said they have no staff and the scope is pretty big and they didn't want to take that on right now. The firm has done work for the County, the City and Borg Warner and all reference calls were positive. TB Resolution 2022 -084: Authorization to Award Contract for the Public Works Facility Fueling Station Design Project Whereas on April 20th, 2022, the Director of Engineering (Director) received proposals for the Town of Ithaca Public Works Facility Fueling Station Design Project(Project), and Whereas Barton and Loguidice, D.P.0 (B&L)was the only firm to submit a proposal, and Whereas B&L has adequality outlined related work experience, project objectives, timelines, and knowledge of fuel station design that meet and/or exceed our expectations, and Whereas B&L has successfully analyzed and designed numerous fueling stations for surrounding municipal operations, and Whereas Staff have reviewed the proposal and qualification of the B&L and recommends award of Part A, fixed fee: $14,992.60 (for the review and analysis of the fuel station storage requirements, site location, associated impacts, and permit requirements) to B&L, and Whereas Part B of the proposal may be considered for award at a later date based on the findings of Part A, now, therefore, be it Resolved that the Town Board authorizes the award and execution by the Supervisor of a contract for Part A of the Project to Barton and Loguidice,D.P.C,443 Electronics Parkway, Liverpool,NY 13088, subject to approval of the contract documents by the Director and Attorney for the Town, and be it further Resolved that the Director is authorized to increase the fixed fee by a lump sum value of$500.00 for an additional meeting with the consultant if deemed necessary. Moved: Bill Goodman Seconded: Eric Levine Vote: ayes—Goodman, Levine, Johnson, Howe, DePaolo, Bleiwas and Rosen 12. Consider acceptance of Mountin Subdivision Sanitary Sewer Concept and Location and authorization to sign associated easements Mr. Thaete explained that this is a relatively small project,but it made sense for the town to accept the small segment under the road, which will allow services to the other side at some point in the future. It did go through Public Works Committee, which was in favor of it. TB 2022-05-09 (filed 6/10) Pg. 21 TB Resolution 2022 -085: Acceptance of the Concept and Locations of Public Utilities to be dedicated to the Town and associated Easements for the 3-lot subdivision at 519 Elm Street Extension Whereas, the Town of Ithaca Planning Board granted Preliminary/Final Site Plan Approval for the proposed 3-lot subdivision located at 519 Elm Street Extension, TP 29.-7-12.42, Medium Density Residential Zone. The project involves subdividing the 8.2-acre parcel into three lots (Parcel A-1 is 2.51 acres, Parcel A-2 is 3.58 acres, and Parcel A-3 is 2.11 acres) and a private shared access road to serve the new parcels and an existing parcel, stormwater facilities, and connections to public water and sewer facilities, David and Sarah Locke Mountin, Owners/Applicants; and Whereas, the Applicant has proposed dedicating a public utility (sanitary sewer extension) and associated easements to the Town of Ithaca, to serve the parcels, and Whereas, the existing sewer main is located on an adjacent property to the north, owned by Christian J Haller, who has agreed to grant an easement for the installation and maintenance of the proposed sanitary sewer extension to the Town of Ithaca, and Whereas, the sewer line extension and easement are indicated on the drawing "Sanitary Sewer Easement Map, Showing Part of Lands of, David & Sarah Locke Mountin, & Christian J Haller" dated 10/18/2021, last revised 11/11/2021,prepared by TG Miller, P.C. Engineers and Surveyors, which shows the approximate 60 L.F. sewer main extension, manhole, and proposed easements, and Whereas, the Public Works Committee has reviewed the plans for the above improvements and found them generally acceptable, and recommended the action to the Town Board for discussion and consideration, and Whereas,the existing water main located along the southern road shoulder of Elm Street Extension does not have an easement on record, and the Applicant has agreed to grant an easement for the water main,indicated on the drawing"Town of Ithaca,Proposed Water Easement,Lands of David and Sarah Locke Mountin", dated 11/10/2021, and Whereas, the Attorney for the Town has reviewed and approved the title, access easements and rights-of-way associated with the existing water main and proposed sanitary sewer extension,now, therefore, be it Resolved, that the Town Board approves and accepts the concept and location of the improvements described above, and be it further Resolved, that the Town Board authorizes the Town Supervisor to execute the easements and rights-of-way as described above, and be it further Resolved, that the Town Board will consider acceptance of the infrastructure after satisfactory completion, subject to the approval of the Town Engineer, of the installation of said infrastructure. Moved: Rod Howe Seconded: Margaret Johnson Vote: ayes—Howe, Johnson, Goodman, DePaolo, Levine, Bleiwas and Rosen TB 2022-05-09 (filed 6/10) Pg. 22 13. Consider establishing an Open Development Area associated with the Town of Ithaca Ridgecrest Tank Site-172 Ridgecrest Road Mr. DePaolo asked if this would increase the availability of services. Mr. Thaete responded that it would help the existing 15-20 houses. Ms. Brock added that this project was approved prior to the issue of the lack of road frontage, which is only necessary because of the pump station. TB Resolution 2022-086: SEOR: Establishment of an Open Development Area for 172 Ridgecrest Road Whereas, this action is the establishment of an open development area for 172 Ridgecrest Road, as identified in a map titled "Town of Ithaca 2022 Ridgecrest Road Water Improvements Project, Ridgecrest Tank Proposed Site Plan," and explained in a letter written by Daniel Thaete, P.E., Director of Engineering, Town of Ithaca, representing the town for the proposed open development area at 172 Ridgecrest Road; and Whereas, this is an Unlisted Action for which the Town Board is acting as lead agency in an environmental review with respect to this action; and Whereas, the Town Board, at a meeting held on May 9, 2022,has reviewed, and accepted as adequate the Short Environmental Assessment Form Parts 1, 2 and 3, for this action, prepared by Town Planning staff, now, therefore,be it Resolved, that the Town Board hereby makes a negative determination of environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review, 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: Rich DePaolo Seconded: Rod Howe Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen TB Resolution 2022 -087: Establishment of an Open Development Area for 172 Ridgecrest Road Whereas, 172 Ridgecrest Road("Parcel"), as identified in a map titled"Town of Ithaca 2022 Ridgecrest Road Water Improvements Project, Ridgecrest Tank Proposed Site Plan," and explained in a letter written by Daniel Thaete, P.E., Director of Engineering, does not directly abut a street that is on the Town of Ithaca's Official Map within the meaning of New York Town Law §280-a, and Whereas, Ridgecrest Road, which is on the Official Map, is located approximately 240+/- feet east of the property boundary of the Parcel, and access to the Parcel is along a gravel road that extends to the Parcel from Ridgecrest Road via easement, and TB 2022-05-09 (filed 6/10) Pg. 23 Whereas, the Parcel contains a municipal water tank that was constructed in the early 1970's, and the Town wishes to construct a 195+/- square foot booster station building to provide adequate water pressure to all customers along Ridgecrest Road, and Whereas, pursuant to New York Town Law §280-a(4), on April 25, 2022, the Town Board referred the potential establishment of an open development area for the Parcel to the Planning Board for its advice, and Whereas, at its May 3, 2022, meeting, the Planning Board adopted a resolution recommending an open development area be established for the Parcel, subject to certain conditions, and Whereas, pursuant to the New York State Environmental Quality Review Act("SEQRA") and its implementing regulations at 6 NYCRR Part 617, the establishment of said open development area is an Unlisted action for which the Ithaca Town Board, acting as lead agency in an environmental review with respect to the establishment of the open development area, has, on May 9, 2022, made a negative environmental determination of environmental significance, after having reviewed and accepted as adequate a Short Environmental Assessment Form Parts 1, 2, and 3, maps and other materials; now, therefore, be it Resolved, that the Town Board hereby establishes an open development area for 172 Ridgecrest Road ("Parcel"), as specified above, subject to the following conditions, unless and until the Parcel obtains sufficient frontage on a road identified on the Town's Official Map as required by Town Law §280-a: a. Easements or rights-of-way from the Parcel to Ridgecrest Road shall exist at all times, b. The driveway from Ridgecrest Road to the Parcel shall at all times be constructed of gravel or other hard surface and be sufficient to support the passage and weight of emergency vehicles, c. All future deeds, easements, and rights-of-way for all or part of the Parcel shall contain the following provision: "This conveyance is made and accepted subject to the open development area conditions approved by the Town Board of the Town of Ithaca on May 9, 2022,"and d. The recording of this Town Board resolution in the Tompkins County Clerk's Office indexed to the Parcel (172 Ridgecrest Road/Tax Parcel No. 45.-1-2.1) and to 166 Ridgecrest Road(Tax Parcel No. 45.-1-21.2). Moved: Rich DePaolo Seconded: Bill Goodman Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen 14. Consider Sewer Exemption requests: Mr. Howe noted that the costs to extend to town facilities in both cases would be extremely expensive and the Public Works Committee recommends both exemptions. TB 2022-05-09 (filed 6/10) Pg. 24 TB Resolution 2022 -088: Authorization for the Town Engineer to issue a Sewer Exemption for TP 31.-1-3.3; 283 Enfield Falls Road Whereas the Town Engineer received a request for a Sewer Exemption from Daniel and Danielle Bartholomew-283 Enfield Falls Road, TP 31.-1-3.3; stating the financial difficulty to connect to municipal sewer. Whereas the applicant has reviewed possible connection to the Town Sanitary Sewer System for construction of their new home. The nearest town sewer main is located approximately 2200+/- feet easterly down Enfield Falls Road. Estimated minimum cost to extend the town sewer to this location is $440,000. The cost to connect would be substantially more than the value of the home they wish to construct($275,000), and Resolved, that pursuant to Town Code Section 214-6, the Town Board hereby finds that the applicant has shown unusual and extreme practical difficulties in connecting to the public sewers for the reasons detailed in Daniel and Danielle Bartholomew's request to the Town, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the Town Code Section 214-5 public sewer connection requirement for TP's 31.-1-3.3 for the installation of a new, onsite wastewater treatment system associated with their new home construction to be constructed on the properties, subject to the consent of the Tompkins County Health Department to this exemption. Moved: Rod Howe Seconded: Margaret Johnson Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen TB Resolution 2022 -089: Authorization for the Town Engineer to issue a Sewer Exemption for TP 28.-1-3.62; 14 Max's Drive Whereas the Town Engineer received a request for a Sewer Exemption from JasonTaylor-14 Max's Drive, TP 28.-1-3.62; stating the financial difficulty to connect to municipal sewer. Whereas the applicant has reviewed possible connection to the Town Sanitary Sewer System for construction of their new home. The nearest town sewer main is located approximately 4300+/- feet away on lands N/F Eco-Village at Ithaca, Inc. Estimated minimum cost to extend the town sewer to this location is $860,000. The cost to connect would be substantially more than the value of the home they wish to construct($400,000), and Resolved, that pursuant to Town Code Section 214-6, the Town Board hereby finds that the applicant has shown unusual and extreme practical difficulties in connecting to the public sewers for the reasons detailed in Jason Taylor's request to the Town, and be it further Resolved, that the Town Board authorizes the Town Engineer to issue an exemption from the Town Code Section 214-5 public sewer connection requirement for TP's 28.-1-3.62 for the installation of a new, onsite wastewater treatment system associated with their new home construction to be constructed on the properties, subject to the consent of the Tompkins County Health Department to this exemption. TB 2022-05-09 (filed 6/10) Pg. 25 Moved: Bill Goodman Seconded: Margaret Johnson Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen 15. Consider Consent Agenda Mr. DePaolo pulled the LaTourelle Firelight Camps item TB Resolution 2022 —090: Adopt Consent Agenda Resolved, that the Town Board hereby approves and/or adopts the following Consent Agenda items: a. Approval of Town Board Minutes b. Town of Ithaca Abstract c. Bolton Point Abstract d. Designation of Surplus Items—PWF e. Noise Permit LaTourelle/Firelight Camps—Pulled f. Approval of Water/Sewer Refund Moved: Eric Levine Seconded: Rod Howe Vote: ayes—DePaolo, Howe, Goodman, Bleiwas, Levine, Johnson and Rosen TB Resolution 2022 —090a: Approval of Town Board Minutes Resolved, that the Town Board hereby approves the draft minutes of April 25, 2022, with non- substantial corrections suggested by the Board made. TB Resolution 2022 -090b: Town of Ithaca Abstract No. 9 for FY-2022 Resolved that the Town Board authorizes the payment of the following audited vouchers in total for the amounts indicated. VOUCHER NOS. 517 - 570 General Fund Town Wide 38,794.30 General Fund Part-Town 2,434.34 Highway Fund Town Wide DA 1,391.66 Highway Fund Part Town DB 7,412.66 Water Fund 68,055.83 Sewer Fund 6,599.04 Risk Retention Fund 206.81 Fire Protection Fund 290,000.00 Forest Home Lighting District 251.96 Glenside Lighting District 69.77 Renwick Heights Lighting District 96.04 Eastwood Commons Lighting District 157.37 Clover Lane Lighting District 19.48 Winner's Circle Lighting District 49.70 TB 2022-05-09 (filed 6/10) Pg. 26 Burlei h Drive Lighting District 71.35 West Haven Road Lighting District 236.73 Coddin ton Road Lighting District 141.44 Trust and Agency 1,857.00 TOTAL 417,845.48 TB Resolution 2022-090c: Bolton Point Abstract Resolved, that the Town Board hereby authorizes the payment of the audited vouchers for the Southern Cayuga Lake Intermunicipal Water Commission said vouchers as described: Voucher Numbers: 160-206 Check Numbers: 20255-20301 Capital Impr/Reel Project $ 7,781.81 Operating Fund $ 94,542.81 TOTAL $ 102,324.62 Less Prepaid $ 2,887.05 TOTAL $ 99,437.57 TB Resolution 2022 -090d: Sale of Surplus Items Whereas, a municipal online auction is held from time to time hosted by Auctions International located in Auburn, NY, and Whereas, certain items have become surplus/no longer needed and the Town wishes to put the following surplus equipment in an online auction in November: • (1) 2020 Quality Steel Trailer(T6) • (1) 2018 Quality Steel Trailer(T8) Resolved,that the Town Board declares the above-described equipment to be surplus and no longer needed by the Town and authorizes them to be placed in the above-described auction, with the money from the sale going into the appropriate funds. Noise Permit for LaTourelle and Firelight Camps seasonal events Pulled TB Resolution 2022 —090f: Approval of a Utility Refund for#835 Taughannock Blvd (Robert Terry—TP 25.-2-37) due to a water service line break Whereas, the Town of Ithaca received a utility refund request by the property owner at #835 Taughannock Blvd on September 3, 2021, due to a water service line break; and Whereas, the Town of Ithaca's "Review Panel"deemed this request met the criteria outlined in the Town's Water and Sewer High Consumption Refund Policy; and TB 2022-05-09 (filed 6/10) Pg. 27 Whereas, an amount of$936.80 was identified as the amount due in refund to the property owner due to water that went through the customers water meter and was lost due to the service line break; now therefore be it Resolved, that the Town Board authorizes a refund to Robert Terry in the amount of$936.80 as detailed above from F8340.479 for$311.49 and G8120.479 for$625.31. Discussion—pulled item Mr. DePaolo said he didn't recall seeing the permit application for this. Ms. Rosa explained that last year the Board had stated that it would waive the need for a public hearing and Mr. Wiggins had simply emailed the dates as the application because nothing else has changed. This particular property probably doesn't even need the permit as he is not sure the music can be heard beyond his property lines and he has done this for about 10 years and no one has ever come to the associated public hearings and we have never received a single complaint. Last year we checked with the Sheriff and the State Police to confirm that no complaints have ever been called in. She said she had asked him to fill out the application form for records but hadn't received it yet, and the information would not be any different than the email. He is perfectly willing to go through the process and pay the $50,but, between staff time and mailing costs and publication costs, it seems inefficient to go through all that for something that really doesn't need a permit and even if it did, we have never had a comment or complaint. TB Resolution 2022 —090e: Noise Permit for LaTourelle and Firelight Camps seasonal events Whereas the Town Board received the annual request and listing of seasonal events at LaTourelle and Firelight Camps for the upcoming season and discussed same, and Whereas Town of Ithaca Code, Chapter 184,Noise, Section F allows the Town Board to waive the holding of a public hearing and the Town Board has determined that unique circumstances apply in this instance, given that the venue has received numerous noise permits over the last decade and no one has ever appeared in front of the Board to comment, nor has the Board ever received a complaint regarding the venue's activities, now therefore be it Resolved that the Town Board grants a noise permit, for LaTourelle/Firelight Camps for the events listed as submitted and similar in size and scope,noting that other events may be added as the 2022 season continues, with the following - Findings: 1. The waiver from the requirements of Town Code Chapter 184 for the above music events are necessary for a valid purpose, because music might not be able to conform at all times to the requirements of Chapter 184, and LaTourelle/Firelight Camps' Planned Development Zone specifically allows for events/receptions, subject to or upon the issuance of any permits required Town Code §271-3B(5)(e)(1), and TB 2022-05-09 (filed 6/10) Pg. 28 2. The waiver is the minimal intrusion needed, because the amplification is needed to provide dinner music to the area,and music is limited to no later than 10 p.m.;the entertainment is intended to be and has proven to be unobtrusive given the location of the property,and 3. On balance, the need for and benefits of the waiver outweigh the needs and rights of the surrounding neighbors to a peaceable and quiet environment, because the music is for a limited amount of time on the specified dates and/or for the season of May through October when these types of events occur outdoors. Moved: Rich DePaolo Seconded: Rod Howe Vote: ayes -DePaolo, Howe, Goodman, Bleiwas, Levine,Johnson and Rosen 16. Report of Town Officials-None 17. Review of Correspondence-No Comments Meeting adjourned upon motion by Mr. Howe, seconded by Mr. Levine, unanimous. Submitted b 0 aulette I osa,"'IF'ownClerk TB 2022-05-09(filed 6/10) P . 29 CITY OF ITHACA 310 West Green Street Ithaca, New York 14850-5497 OFFICE OF THE FIRE CHIEF Telephone: 607/272-1234 Fax: 607/272-2793 MEMORANDUM To: Acting Mayor Laura Lewis City of Ithaca Common Council Ithaca Town Board From: Tom Parsons, Fire Chief Date: April 27 th 2022 Re: Fire Chiefs Annual Report ADMINISTRATIVE DIVISION Administration 1) Career Personnel Report PERSONNEL STAFFING LEVELS I Chief I Deputy Chief 5 Assistant Chiefs 10 Lieutenants 48 Fire Fighters 65 Uniform Personnel I Administrative Coordinator Total employees as of January I't, 2022—66 a) Current and Future Vacancies • There are three firefighter vacancies that will be filled in July. b) Retirements and Separation from Service: • Fire Lieutenant Scott Eaton retired on March 6, 2022. One of our recruit firefighters hired in August of 2021 resigned on January 3, 2022. Firefighter Robert Doner is retiring on May 2 I't, 2022 Page 2 of 6 - Fire Chief s 1st Quarter Report April 27th, 2022 c) Hiring/Promotions in 2022 • On March 61h,Firefigher Nicholas Raponi was promoted to Fire Lieutenant. • Offers of employment have been made to three firefighter candidates. Upon completion of their pre-employment physicals they will start work on July 111h, 2022. They will begin the NYS Fire Academy Recruit Training Program on August 1st, 2022 d) Firefighters on Injury Leave or Light Duty • There is one fire lieutenant who is on long-term injury leave. There is one firefighter who is on Light-Duty for Maternity,but we expect the firefighter to return to full duty in August or September of 2022. 2) Budget Report a) 2022 Budget: Budget Summary is attached to this memo b) 4) Grants and Donations a) In 2021, we applied for two FEMA Assistance to Firefighting Grants. The first grant application is requesting funding to replace our 31-year-old Heavy Rescue, and the second grant application is requesting funding to replace 63 Portable Radios. We are still waiting for the FEMA to announce the awarding of grants. 5) Apparatus a) A new Pumper Truck has been ordered in 2021 and will be delivered in the fall of 2022. It is replacing a 2001 Pumper Truck 6) Facilities a) An option agreement has been approved by Common Council to sell the East Hill Fire Station at 309 College Avenue in the City of Ithaca. In exchange, the City of Ithaca will aquire property at 403 Elmwood Avenue and 408 Dryden Road to relocate the fire station to a new location. In addition, a payment of$5.1 million will be made to the City as part of the sale of the 309 College Ave Property. Over the next several months, the Common Council and the City Planning Board will review the agreement and the design for a new Fire Station before deciding to execute it's option on the sale of the existing Fire Station. b) A capital project was approved by Common Council to determine the renovation needs for Central Fire Station, the West Hill Fire Station, the South Hill Fire Page 3 of 6 - Fire Chief s 1st Quarter Report April 27th, 2022 Station, and the replacement of the Fire Training Center. The City will be contracting with a design professional to study the needs and options for those facilities. LIFE SAFETY DIVISION Fire Prevention Bureau 1) Code Enforcement Division: The following is a list of Activities for the lst Quarter of 2022: Complaints Received: 100 Referred to the City Building Division 56 Referred to the Town of Ithaca 6 Investigated by the Fire Prevention Bureau 38 Inspections: 360 City Fire Safety& Property Maintenance 103 City -Permit Required City Fire Safety 149 Town Fire Safety & Property 41 City - Sprinkler Inspections 27 City -Alternative Fire Protection Systems 3 City - Fire Alarm Inspection 34 City— Standpipe Hydrostatic Test 0 City - Standpipe Flow Test 0 City—Fire Pump Flow Test 0 City—Elevator 3 Permits or Certificates: 249 Operating Permit - Install/Alter Fire Protection 18 Operating Permit - Assembly Occupancy 37 Operating Permit - Large Assembly Occupancy 18 Operating Permit - Elevator 114 Operating Permit - Food Truck 2 Operating Permit - Hazardous Occupancy 4 Operating Permit - Lumberyard 0 Operating Permit - Parking Garage 4 Operating Permit - Discharge Fireworks - Outdoors 0 Certificate of Compliance -Alternative Suppression 3 Certificate of Compliance - Commercial Inspection 41 Certificate of Compliance - Educational Occupancy 0 Page 4 of 6 - Fire Chief s 1st Quarter Report April 27th, 2022 Certificate of Compliance - Emergency Responder Radio 0 Certificate of Compliance - Fire Alarm System 8 Certificate of Compliance - Fire Pump 0 Certificate of Compliance - Fire Sprinkler System 1 Certificate of Compliance - Fire Standpipe 0 Occupancy Postings 3 Plan Reviews: 11 Alternative Fire Protection System Plan Review 1 Fire Alarm System Plan Review 3 Water-Based Fire Protection System Plan Review 7 2) Fire Investigation Unit: The Fire Investigation Team investigated eleven fires so far in 2022. Ten fires were in the City of Ithaca, and one fire was in the Town of Ithaca 3) Public Education and Special Events (Due to COVID, in-person activities are limited in 2022): Public Education Events: 1 Fire Drills Witnessed: 0 Child Safety Seat Inspections: 0 4) Inspection fees will increase from $58 per hour to $60 per hour in 2022. Permit fees will remain the same as they were in 2021. The last change in fire prevention inspection fees was in 2020. Page 5 of 6 - Fire Chief s 1st Quarter Report April 27th, 2022 OPERATIONS DIVISION 1) Emergency Response: 2022 Responses as of March 31, 2022 - 1221 Incidents City of Ithaca: 946 Incidents (77.48%) Fires: 36 Overpressure/Rupture 1 EMS/Rescue: 293 Hazardous Conditions: 56 Service Calls: 57 Good Intent: 183 Alarms/No Fires: 320 Severe Weather: 0 Other: 0 Town of Ithaca: 269 Incidents 22.03%) Fires: 3 Overpressure/Rupture: 0 EMS/Rescue: 136 Hazardous Conditions: 17 Service Calls: 20 Good Intent: 32 Alarms/No Alarm: 59 Severe Weather: 2 Other: 0 Mutual Aid: 6 Incidents (0.49%) Fires: 2 Overpressure/Rupture: 0 EMS/Rescue: 1 Hazardous Conditions: 2 Service Calls: 0 Good Intent: 0 Alarms/No Fires: 0 Severe Weather: 0 Other: 0 Simultaneous Incidents: 194 Incidents (15.81%) Page 6 of 6 - Fire Chief s 1st Quarter Report April 27th, 2022 Volunteer Recruitment and Retention 1) Summaries of Service Hours: Annual Report 2) There are currently 11 Active Volunteer Fire Police. 16 a v a v a v a e 16 4) N too Oqq (0000) a 47 co m 0) 0 0) (R cq q 0 q r-: C4 q q � q "� q � C� 11 4) 0) 1- 00 a -q o a o a 0 1- C-i 0 0 -0 Zo 0 a M I- N0 0 2 0 a. a. co C-4 N O cn N O 04 C') 0 > cc > m W w LL U. 0 0 C) cy, C) cn Z co co co N r m- Z N Ln m r- C'4 E E w a) w c 0 w N 0 0 C 0 w c) C'I (o a) C', 0 0 0 0 C,N 5,0 a) E Co cc m Qa 2: 0 u 2 w M 0 0 0 0 0 1.- 2 0 � 0 0 P� . r- . 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N N O = N m Cc i O N • _ L cc �+ _ cc cc a- = aD c n \ \ \ \ \ \ \ \ \ 0 0 0 0\ 0 0 0 0\ 0 0 0 O O O O O O O O O O O O m 00 f,-- Co LO It (M N Ithaca FD IFD - Incident Type Period Comparisons Alarm Date Between (01/01/2022} and {03/31/2022} Incident Type 01/01/2022 01/01/2021 01/01/2020 01/01/2019 to to to to 03/31/2022 03/31/2021 03/31/2020 03/31/2019 100 Fire, Other 4 1 2 2 111 Building fire 8 3 5 12 112 Fires in structure other than in a building 0 1 0 0 113 Cooking fire, confined to container 5 8 8 3 114 Chimney or flue fire, confined to chimney or 1 1 0 0 116 Fuel burner/boiler malfunction, fire confined 1 0 0 0 117 Commercial Compactor fire, confined to rubbish 0 1 0 0 118 Trash or rubbish fire, contained 2 1 2 0 130 Mobile property (vehicle) fire, Other 1 0 0 0 131 Passenger vehicle fire 3 3 6 4 140 Natural vegetation fire, Other 3 1 0 0 142 Brush or brush-and-grass mixture fire 1 1 0 1 150 Outside rubbish fire, Other 5 5 1 0 151 Outside rubbish, trash or waste fire 6 3 0 0 154 Dumpster or other outside trash receptacle fire 1 2 1 0 160 Special outside fire, Other 0 2 2 0 251 Excessive heat, scorch burns with no ignition 1 2 4 1 300 Rescue, EMS incident, other 1 2 1 1 3002Gorge Rescue, EMS incident, Low Angle Rope 0 0 1 0 311 Medical assist, assist EMS crew 8 7 9 5 320 Emergency medical service, other 7 10 72 7 321 EMS call, excluding vehicle accident with injury 381 322 380 521 322 Motor vehicle accident with injuries 10 15 13 15 323 Motor vehicle/pedestrian accident (MV Ped) 2 1 6 1 324 Motor Vehicle Accident with no injuries 6 0 8 12 331 Lock-in (if lock out , use 511 ) 1 0 0 0 3311Lock-in / Knox Box Access Required 2 0 0 4 3312Lock-in / Force Entry Required 1 0 0 0 340 Search for lost person, other 1 0 0 0 342 Search for person in water 1 0 0 0 350 Extrication, rescue, Other 1 0 0 0 352 Extrication of victim(s) from vehicle 1 0 0 0 353 Removal of victim(s) from stalled elevator 6 2 4 4 362 Ice rescue 1 0 1 0 381 Rescue or EMS standby 0 1 0 1 400 Hazardous condition, Other 10 7 13 12 410 Combustible/flammable gas/liquid condition, 2 3 2 1 411 Gasoline or other flammable liquid spill 3 2 2 3 412 Gas leak (natural gas or LPG) 21 20 5 11 413 Oil or other combustible liquid spill 0 1 1 0 421 Chemical hazard (no spill or leak) 0 0 1 0 422 Chemical spill or leak 0 2 1 0 424 Carbon monoxide incident 14 9 5 7 04/05/2022 17:04 Page 1 Ithaca FD IFD - Incident Type Period Comparisons Alarm Date Between (01/01/2022} and {03/31/2022} Incident Type 01/01/2022 01/01/2021 01/01/2020 01/01/2019 to to to to 03/31/2022 03/31/2021 03/31/2020 03/31/2019 440 Electrical wiring/equipment problem, Other 6 2 1 4 441 Heat from short circuit (wiring) , defective/worn 2 2 2 1 442 Overheated motor 5 5 3 6 444 Power line down 4 4 4 6 445 Arcing, shorted electrical equipment 5 1 6 2 461 Building or structure weakened or collapsed 1 0 1 0 463 Vehicle accident, general cleanup 2 2 2 1 500 Service Call, other 35 37 30 35 510 Person in distress, Other 1 4 3 1 511 Lock-out 0 0 1 4 520 Water problem, Other 4 1 0 2 521 Water evacuation 5 0 1 0 522 Water or steam leak 10 4 4 6 531 Smoke or odor removal 5 4 0 2 541 Animal problem 0 0 1 1 542 Animal rescue 2 0 0 3 550 Public service assistance, Other 3 2 1 2 551 Assist police or other governmental agency 7 5 5 9 552 Police matter 0 1 0 0 553 Public service 2 0 3 5 554 Assist invalid 0 2 0 2 555 Defective elevator, no occupants 1 2 0 0 561 Unauthorized burning 0 2 3 1 571 Cover assignment, standby, moveup 2 0 0 1 600 Good intent call, Other 20 11 14 21 611 Dispatched & cancelled en route 3 1 0 1 6110Dispatched & cancelled - Per Policy 0 0 56 0 6111Dispatched & cancelled en route - By Dispatcher 8 2 4 2 6112Dispatched & cancelled en route - By Bangs 81 54 70 65 6113Dispatched & cancelled en route - By CUEMS 21 10 13 7 6114Dispatched & cancelled en route - By CU EH&S 30 27 54 57 6115Dispatched & cancelled en route - By IC Safety 8 12 18 14 6117Dispatched & cancelled en route - By MA Dept 0 1 1 4 6118Dispatched & cancelled en route - By IPD 2 4 9 1 6119Dispatched & cancelled en route - By Other 2 0 1 1 621 Wrong location 0 1 0 0 622 No Incident found on arrival at dispatch address 25 13 7 13 631 Authorized controlled burning 1 1 0 0 641 Vicinity alarm (incident in other location) 0 0 1 0 650 Steam, Other gas mistaken for smoke, Other 3 0 0 0 651 Smoke scare, odor of smoke 1 1 6 2 652 Steam, vapor, fog or dust thought to be smoke 1 2 3 1 661 EMS call, party transported by non-fire agency 1 0 0 0 04/05/2022 17:04 Page 2 Ithaca FD IFD - Incident Type Period Comparisons Alarm Date Between (01/01/2022} and {03/31/2022} Incident Type 01/01/2022 01/01/2021 01/01/2020 01/01/2019 to to to to 03/31/2022 03/31/2021 03/31/2020 03/31/2019 671 HazMat release investigation w/no HazMat 9 7 19 10 700 False alarm or false call, Other 1 1 0 2 700lFalse alarm or false call, Other - Medical Alarm 11 15 14 15 710 Malicious, mischievous false call, Other 3 1 2 7 711 Municipal alarm system, malicious false alarm 1 0 3 1 714 Central station, malicious false alarm 5 4 2 7 715 Local alarm system, malicious false alarm 1 3 2 1 721 Bomb scare - no bomb 0 0 1 0 730 System malfunction, Other 4 5 0 7 731 Sprinkler activation due to malfunction 28 4 2 8 733 Smoke detector activation due to malfunction 26 18 19 17 734 Heat detector activation due to malfunction 2 2 2 0 735 Alarm system sounded due to malfunction 17 10 20 15 736 CO detector activation due to malfunction 3 4 4 6 740 Unintentional transmission of alarm, Other 9 5 16 22 741 Sprinkler activation, no fire - unintentional 11 4 5 8 743 Smoke detector activation, no fire - 157 147 141 153 744 Detector activation, no fire - unintentional 24 19 7 10 745 Alarm system activation, no fire - unintentional 76 11 18 24 746 Carbon monoxide detector activation, no CO 0 1 2 0 812 Flood assessment 2 0 1 0 Totals 1221 920 1164 1224 04/05/2022 17:04 Page 3 �� ry «f �� r3 ,� �.. ,�� „r N N C .y. ,N� M M O ,y �..� CS G 25 Q E �-'-� µ�'O N N ^�,. yr; O Fer� � 'CYO S'4r Q '� 9=7 �J a7 � cr 'Q �x� r,„� w.. ut w e ev '"��� i�„�{�ili,�Yl;,dVuiii 1,pi '��i6;ill�i���i�'i��;�'I'I,�I .� RI SA'v t�i9 � Cd'Y Ur 4V` NY C`J ,�',."� GY cli cli O ty C a) r m 41 Ithaca FD Volunteer Hours Report (Summary) Date Between (01/01/2022} And f03/31/2022} Staff Id Alt Id Name Total 4602 Adams, Andrew J 7.32 3258 Baker, Lyman E 2.00 3617 Bordoni, Gary 5.89 3883 Cornelius, Dave 10.32 4188 Gilligan, William 11.00 4301 Gould, Jack 5. 93 4153 Longo, Robert 4.50 4620 Onah, Joy 9.50 0 4/2 7/2 0 2 2 18:44 Page 1 Ithaca FD Volunteer Hours Report (Summary) Date Between (01/01/2022} And f03/31/2022} Staff Id Alt Id Name Total 4621 Powers, John 11.00 3793 Rogers, James 10.32 4623 Sedlock, Stephen M 2.50 4617 Williams, Steve 4.50 84.78 0 4/2 7/2 0 2 2 18:44 Page 2 a 0 0 CL c) C:) C) c C)C) C) L. 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Tioga Street Ithaca, NY 14850 Certificates Issued From: 4/11/2022 To: 4/30/2022 Cert. # Date Type Temp SBL Legal Address Inspector Status 2022-0134 4/1/2022 CC 27.-1-21 1450 Mecklenburg Rd JHULL ISSUED Permit Type: HEATING AND COOLING UNIT 2022-0152 4/5/2022 CC 17.-3-7 250 Renwick Dr JHULL ISSUED Permit Type: ROOFING 2022-0113 4/5/2022 CC 17.-3-7 250 Renwick Dr JHULL ISSUED Permit Type: ROOFING 2022-0158 4/6/2022 CC 71.-1-39.2 400 Warren Rd MSTONIER ISSUED Permit Type: ROOFING 2021-0307 4/6/2022 CC 24.-3-2.412 201 Harris B Dates Dr MSTONIER ISSUED Permit Type: ELECTRICAL ONLY 2021-0574 4/8/2022 CO 31.1-1-21 216 Amabel Rd ISSUED Permit Type: EXTERNAL PLUMBING PERMIT 2022-0102 4/11/2022 CC 24.-1-29 236 Hayts Rd JHULL ISSUED Permit Type: HEATING AND COOLING UNIT 2022-0068 4/11/2022 Cert of C X 24.-3-3.5 1257 Trumansburg Rd JHULL ISSUED Permit Type: ELECTRICAL ONLY 2021-0095 4/11/2022 CO 21.-2-9 1071 Taughannock Blvd JHULL ISSUED Permit Type: SINGLE FAMILY RESIDENCE AD 2021-0095 4/11/2022 CO 21.-2-9 1071 Taughannock Blvd JHULL ISSUED Permit Type: SINGLE FAMILY RESIDENCE AD 2019-0240 4/14/2022 CC 58.1-1-10 10 PENNY LANE MKELLY ISSUED Permit Type: HEATING AND COOLING UNIT 2021-0538 4/18/2022 CC 72.-1-1.158 137 Simsbury Dr MSTONIER ISSUED Permit Type: HEATING AND COOLING UNIT 2021-0284 4/19/2022 TCO X 24.-3-2.1 101 Harris B Dates Dr MSTONIER ISSUED Permit Type: COMMERCIAL RENOVATION/ALT 2021-0568 4/22/2022 Cert of C X 29.-3-1 125 Valley View Rd JHULL ISSUED Permit Type: ELECTRICAL ONLY 2022-0111 4/22/2022 CC 49.-1-26.4 141 Troy Rd DMAGNUSO ISSUED Permit Type: SOLAR 2021-0354 4/25/2022 CC 63.-1-8.1 161 Synchrotron Dr MSTONIER ISSUED Permit Type: ELECTRICAL ONLY 2022-0130 4/26/2022 CC 70.-11-4.2 218 Tareyton Dr JHULL ISSUED Permit Type: ROOFING Page 1 of 3 Town of Ithaca 5/2/2022 215 N. Tioga Street Ithaca, NY 14850 Certificates Issued From: 4/1/2022 To: 4/30/2022 Cert. # Date Type Temp SBL Legal Address Inspector Status 2022-0147 4/26/2022 CC 23.-1-14.1 134 Woolf Ln JHULL ISSUED Permit Type: ROOFING 2019-0727 4/26/2022 CO 62.-2-13.7 1020 A Ellis Hollow Rd MSTONIER ISSUED Permit Type: COMMERCIAL RENOVATION/ALT 2019-0733 4/26/2022 CO 62.-2-13.7 1020 B Ellis Hollow Rd MSTONIER ISSUED Permit Type: COMMERCIAL RENOVATION/ALT 2019-0734 4/26/2022 CO 62.-2-13.7 1020 C Ellis Hollow Rd MSTONIER ISSUED Permit Type: COMMERCIAL RENOVATION/ALT 2019-0735 4/26/2022 CO 62.-2-13.7 1020 D Ellis Hollow Rd MSTONIER ISSUED Permit Type: COMMERCIAL RENOVATION/ALT 2020-0451 4/27/2022 CC 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED Permit Type: ACCESSORY STRUCTURE 2020-0452 4/27/2022 CC 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED Permit Type: ACCESSORY STRUCTURE 2020-0453 4/27/2022 CC 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED Permit Type: ACCESSORY STRUCTURE 2020-0454 4/27/2022 CC 67.-1-2.1 121 Pleasant Grove Rd MSTONIER ISSUED Permit Type: ACCESSORY STRUCTURE 2021-0546 4/27/2022 CC 63.-1-8.1 142 Synchrotron Dr MSTONIER ISSUED Permit Type: DEMOLITION 2019-0100 4/27/2022 CC 29.-8-3 280 Coy Glen Rd DMAGNUSO ISSUED Permit Type: ELECTRICAL ONLY 2022-0178 4/28/2022 CO 69.-1-1 Warren Rd ISSUED Permit Type: EXTERNAL PLUMBING PERMIT 2021-0356 4/28/2022 CO 71.-1-11.36 312 Siena Dr MSTONIER ISSUED Permit Type: SINGLE FAMILY RESIDENCE AD 2020-0184 4/28/2022 CO 28.-1-26.85 27 Rachel Carson Way DMAGNUSO ISSUED Permit Type: ZONING ONLY 2021-0488 4/29/2022 CC 17.-3-21 15 Renwick Heights Rd JHULL ISSUED Permit Type: ROOFING 2021-0144 4/29/2022 CC 35.-2-8 366 King Rd W DMAGNUSO ISSUED Permit Type: HEATING AND COOLING UNIT Page 2of3 5/2/2022 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Certificate Report Totals by Type and Status From: 4/1/2022 To: 4/30/2022 Certificate Type Certificate Status Count CC 20 Cert of Compliance - Electrical Only 2 CO 10 TCO 1 Total: 33 ISSUED 33 Page 3 of 3 Town of Ithaca 5/2/2022 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 4/1/2022 To: 4/30/2022 Date Type Tax Parcel # Legal Address Disposition 4/1/2022 PROPERTY MAINTENANCE 1020 A Ellis Hollow Rd CLOSED Desc: Complainant stayed at Best Western two nights ago. Lower level near lobby, she opened a door that she thought was a public restroom and there was some type of septic system in it and there was feces "all over the floor". It smelled bad in the hallway of sewage. She contacted TC Health Dept and they instructed her to contact us. This room was below the dining area. Very concerned that anyone could have opened that door, including a child. She also had a friend that stayed in another section and they did not have hot water. When this person told management, they told her that it was because they were down to one tank so she had to run the water for a long time for it to get hot. 4/4/2022 GARBAGE 108 Sapsucker Woods Rd UNFOUNDED Desc: Neighbor reporting garbage and recycling in the gulley and lawn. See complaint form for complete description. 4/4/2022 GARBAGE 124 Sapsucker Woods Rd UNFOUNDED Desc: Neighbor reporting garbage and recycling in the gulley and lawn. See complaint form for complete description. 4/4/2022 GARBAGE 128 Sapsucker Woods Rd UNFOUNDED Desc: Neighbor reporting garbage and recycling in the gulley and lawn. See complaint form for complete description. 4/4/2022 GARBAGE 54.-5-26 180 Kendall Ave OPEN Desc: Neighbor reporting issues with garbage on this property. Constantly on the ground and blowing over to nearby properties. 4/5/2022 BUILDING WITHOUT A PER 29.-7-1.3 567 Elm St Ext ABATED Desc: Neighbor is reporting of seeing a plumber coming in to do work. See complaint form for complete submission. 4/6/2022 BUILDING WITHOUT A PER 33.-1-24.1 272 Enfield Falls Rd OPEN Desc: IFD email indicating that there was a barn converted to a child camp. 4/7/2022 UNSAFE OCCUPANCY 29.-7-3 553 Elm St Ext REFERRAL Desc: Member of the public is reporting unsafe occupancy. Please see complaint form for more details. 4/8/2022 FIRE SAFETY VIOLATIONS 1 Bella Vista Dr OPEN Desc: Ambulance sent for EMS Medical alarm at Apt 327. On arrival found occupant on floor and a smoke condition in the apartment. Found food that was left in oven all night, extremely burned up. Ambulance crew reported smoke banked down from ceiling a few feet, NO SMOKE DETECTOR going off. Crew helped air out the apartment, reported there were smoke detectors in the area, with power light flasing but it did not go off. Page 1 of 3 Town of Ithaca 5/2/2022 215 N. Tioga Street Ithaca, NY 14850 Complaints Received Report From: 4/1/2022 To: 4/30/2022 Date Type Tax Parcel # Legal Address Disposition 4/12/2022 UNSANITARY LIVING CON 1028 Ellis Hollow Rd OPEN Desc: Neighbor is reporting an unpleasant smell from apartment#242 that has had sanitary issues in the past 4/22/2022 BUILDING WITHOUT A PER 71.-1-64.12 1032 Hanshaw Rd ABATED Desc: 2 Pros Construction sign at road & roll off dumpster in driveway. construction worker who answered the door when I knocked said that they were doing some remodeling. He said I could not come in when I requested to, but I had to call the company office & arrange w/them. I called, & left a message on their answering machine to return my call. 4/25/2022 FIRE SAFETY VIOLATIONS 1100 Danby Rd OPEN Desc: Detector needs replacing in the back office area. Taken down and fire alarm system reset with a trouble 4/26/2022 ZONING VIOLATION 62.-2-1.123 381 Pine Tree Rd OPEN Desc: 6 tents set up in front of building with outdoor seating under them Page 2of3 5/2/2022 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 4/1/2022 To: 4/30/2022 Totals by Complaint Type & Status ComplaintType Complaint Status Count BUILDING WITHOUT A PERMIT 3 FIRE SAFETY VIOLATIONS 2 GARBAGE 4 PROPERTY MAINTENANCE 1 UNSAFE OCCUPANCY 1 UNSANITARY LIVING CONDITIONS 1 ZONING VIOLATION 1 Total: 13 ABATED 2 CLOSED 1 OPEN 6 REFERRAL 1 UNFOUNDED 3 Page 3 of 3 Town of Ithaca 5/2/2022 215 N. Tioga Street Ithaca, NY 14850 Complaints Closed Report From: 4/1/2022 To: 4/30/2022 Date Type Tax Parcel # Legal Address Disposition 4/1/2022 PROPERTY MAINTENANCE 1020 A Ellis Hollow Rd CLOSED Desc: Complainant stayed at Best Western two nights ago. Lower level near lobby, she opened a door that she thought was a public restroom and there was some type of septic system in it and there was feces "all over the floor". It smelled bad in the hallway of sewage. She contacted TC Health Dept and they instructed her to contact us. This room was below the dining area. Very concerned that anyone could have opened that door, including a child. She also had a friend that stayed in another section and they did not have hot water. When this person told management, they told her that it was because they were down to one tank so she had to run the water for a long time for it to get hot. 4/4/2022 GARBAGE 108 Sapsucker Woods Rd UNFOUNDED Desc: Neighbor reporting garbage and recycling in the gulley and lawn. See complaint form for complete description. 4/4/2022 GARBAGE 124 Sapsucker Woods Rd UNFOUNDED Desc: Neighbor reporting garbage and recycling in the gulley and lawn. See complaint form for complete description. 4/4/2022 GARBAGE 128 Sapsucker Woods Rd UNFOUNDED Desc: Neighbor reporting garbage and recycling in the gulley and lawn. See complaint form for complete description. Page 1 of 2 5/2/2022 Town of Ithaca 215 N. Tioga Street Ithaca, NY 14850 Complaints Report From: 4/1/2022 To: 4/30/2022 Totals by Complaint Type & Status ComplaintType Complaint Status Count GARBAGE 3 PROPERTY MAINTENANCE 1 Total: 4 CLOSED 1 UNFOUNDED 3 Page 2 of 2