HomeMy WebLinkAboutTB Minutes 2003-10-23 SPECIAL MEETING OF THE ITHACA TOWN BOARD
THURSDAY, OCTOBER 23 , 2003 AT 6 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
AGENDA
1 . Call to Order
2 . Pledge of Allegiance
3 , Consider Adoption of Local Law Amending Local Law No . 2 of the
Year 1979 Revising the Fees for Dog Licenses
4 . Consider Adoption of a Local Law Repealing Local Law No . 3 of the
Year 1978 Instituting an Electrical Code for the Town of Ithaca
5 , Consider Adoption of a Local Law Repealing Local Law No . 1 of the
Year 1965 Relating to Public Notices of Adoption of Local Laws
6 . Discussion of Aris Development Proposal for Low Income Housing at
the Kyong Site , Trumansburg Road and Possible Referral to Planning
Board for a Recommendation
7 . Consider Resolution Adopting Interim . Sidewalk Policy
8 . Budget Discussion regarding Recreation Programs and Youth Services
9 . Budget Discussion regarding Human Services Coalition , Gadabout ,
Tompkins County Senior Citizens Council
10 . Resolution in Support of Tompkins County Water Resources Council
Grant Application for Phase II Storm Water Regulations
11 . Discussion of Delinquent Water and Sewer Charges
12 . Correspondence
a . 10/7/03 Letter from Wiggins and Masson , LLP re : LaTourelle , A
Country Inn application for renewal of liquor license
b . 10/ 10/03 Letter from Mutual Housing Association of Tompkins
County re : withdrawing application for rezoning of Indian Creek
parcel
c . 10/ 14/03 Letter from Karen Scott re : Indian Creek parcel
13 . Consider Adjournment
14 . Consider Executive . Session for discussion of personnel matter
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
SPECIAL MEETING OF THE ITHACA TOWN BOARD
THURSDAY , OCTOBER 23 , 2003
215 NORTH TIOGA STREET, ITHACA, NEW YORKI
THOSE PRESENT : Supervisor Valentino ; Councilwoman Grigorov ; Councilman Klein ;
Councilman Lesser Councilman Burbank ; Councilman Niederkorn
STAFF PRESENT : Tee-Ann Hunter , Town Clerk ; Dan Walker , Town Engineer ; Fred
Noteboom , Highway Superintendent ; Jon Kanter , Director of Planning ; Al Carvill ,
Budget Officer ; Judy Drake , Human Resources Manager ; Andy Frost , Director of
Building and Zoning
OTHERS PRESENT : John Barney , Attorney for the Town ; Vanya Temnykh , 212
Snyder Hill Road ; Joe and Denise McEnerney , 131 Hopkins Road ; Frank Santelli ; T . G .
Miller, P . L . ; Celia and John Bowers , 1406 Trumansburg Road ; Pat and Gerlad Hall ,
1307 Trumansburg Road ; Peter Trowbridge , Trowbridge and Wolf ; Tom Hoard , Holt
Architects ; Grace Chiang , Holt Architects ; Paul Mazzarella , Ithaca Nieghborhood
Housing ; Chris Papamichael , Aris Development ; Nancy Zahler , Youth Bureau ; Austin
Duvernoy ; 1446 Trumansburg Road ; A Byrne , 137 Hopkins Road
EXCUSED : Councilwoman Russell
CALL TO ORDER
The meeting was called to order at 6 : 30 p . m . and Supervisor Valentino led the
assemblage in the pledge of allegiance .
TOMPKINS COUNTY AREA DEVELOPMENT STRATEGIC PLANNING COMMITTEE
Supervisor Valentino represents the Tompkins County Municipal Officers on the
Tompkins County Area Development Strategic Planning Committee . She provided the
board with a copy of the survey work that the committee has completed and offered to
provide additional information to the board .
OTHER BUSINESS (Attachment # 1 — letter to City of Ithaca )
Supervisor Valentino told the Board she had written a letter to the City regarding the
Fire Contract and it was included in the board correspondence . She wrote to clarify the
resolution passed by the Ithaca Town Board . The letter encouraged the City not to
reduce the Fire Department staff levels .
Agenda Item No 3 — Consider Adoption of Local Law Amending Local Law No. 2
of the Year 1979 , Revising the Fees for Dog Licenses (Attachment #2 — copV of
law
The public hearings and discussion of the local laws listed as agenda items 3 , 4 , and 5
occurred at the regular Town Board meeting on October 2nd . The Board was not able
adopt the local laws at that meeting because a supermajority of the Board was not
present . The amendment of one law and repeal of two laws are being recommended
due to inconsistencies discovered during the Codification project .
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
TB RESOLUTION NO. 2003449: Adoption of a "LOCAL LAW AMENDING LOCAL
LAW NO. 2 OF THE YEAR 1979 REVISING THE FEES FOR DOG LICENSES "
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Ithaca for a public hearing to be held by said Town on October 2, 2003, at 6:30 p. m. to
hear all interested parties on a proposed local law entitled 'A LOCAL LAW AMENDING
LOCAL LAW NO. 2 OF THE YEAR 1979 REVISING THE FEES FOR DOG
LICENSES'; and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca
Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 of the Environmental Conservation Law (the State Environmental Quality
Review Act ["SEQRA ']), it has been determined by the Town Board that adoption of
said proposed ordinance is a Type II action, constituting "routine or continuing agency
administration and management, not including new programs or major reordering of
priorities that may affect the environment" and thus may be processed without further
regard to SEQRA ,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local
law entitled 'A LOCAL LAW AMENDING LOCAL LAW NO. 2 OF THE YEAR
1979 REVISING THE FEES FOR DOG LICENSES, " a copy of which is attached
hereto and made a part of this resolution; and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said
local law with the Secretary of State as required by law.
Agenda Item No . 4 - Consider Adoption of a Local Law Repealing Local Law No . 3
of the Year 1978 Instituting an Electrical Code for the Town of Ithaca (Attachment
#3 - copy of law)
TB RESOLUTION NO. 2003450: Adopting a "LOCAL LAW REPEALING LOCAL
LAW NUMBER 3 OF THE YEAR 1978 INSTITUTING AN ELECTRICAL CODE FOR
THE TOWN OF ITHACA "
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Ithaca for a public hearing to be held by said Town on October 2, 2003, at 6:40 p. m. to
hear all interested parties on a proposed local law entitled "A LOCAL LAW REPEALING
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
LOCAL LAW NUMBER 3 OF THE YEAR 1978 INSTITUTING AN ELECTRICAL CODE
FOR THE TOWN OF ITHACA '1. and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca
Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 of the Environmental Conservation Law (the State Environmental Quality
Review Act ["SEQRA ']), it has been determined by the Town Board that adoption of
said proposed ordinance is a Type 11 action, constituting "routine or continuing agency
administration and management, not including new programs or major reordering of
priorities that may affect the environment" and thus may be processed without further
regard to SEQRA ,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local
law entitled 'A LOCAL LAW REPEALING LOCAL LAW NUMBER 3 OF THE
YEAR 1978 INSTITUTING AN ELECTRICAL CODE FOR THE TOWN OF
ITHACA , " a copy of which is attached hereto and made a part of this resolution;
and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said
local law with the Secretary of State as required by law.
MOVED: Councilman Niederkorn
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye .
Agenda Item No . 5 - Consider Adoption of a Local Law Repealing Local Law No . 1
of the Year 1965 Relating to Public Notices of Adoption of Local Laws
(Attachment #4 - copy of law)
TB RESOLUTION NO. 2003451 : Adopting a "LOCAL LAW REPEALING LOCAL
LAW NUMBER 1 OF THE YEAR 1965 RELATING TO PUBLIC NOTICES OF
ADOPTION OF LOCAL LAWS "
WHEREAS, a resolution was duly adopted by the Town Board of the Town of
Ithaca for a public hearing to be held by said Town on October 2, 2003, at 6:50 p . m. to
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
hear all interested parties on a proposed local law entitled 'A LOCAL LAW REPEALING
LOCAL LAW NUMBER 1 OF THE YEAR 1965 RELATING TO PUBLIC NOTICES OF
ADOPTION OF LOCAL LAWS';' and
WHEREAS, notice of said public hearing was duly advertised in the Ithaca
Journal; and
WHEREAS, said public hearing was duly held on said date and time at the Town
Hall of the Town of Ithaca, and all parties in attendance were permitted an opportunity to
speak on behalf of or in opposition to said proposed local law, or any part thereof; and
WHEREAS, pursuant to Part 617 of the Implementing Regulations pertaining to
Article 8 of the Environmental Conservation Law (the State Environmental Quality
Review Act ["SEQRA ']), it has been determined by the Town Board that adoption of
said proposed ordinance is a Type ll action, constituting "routine or continuing agency
administration and management, not including new programs or major reordering of
priorities that may affect the environment" and thus may be processed without further
regard to SEQRA ,
NOW, THEREFORE, be it
RESOLVED, that the Town Board of the Town of Ithaca hereby adopts said local
law entitled "A LOCAL LAW REPEALING LOCAL LAW NUMBER 1 OF THE
YEAR 1965 RELATING TO PUBLIC NOTICES OF ADOPTION OF LOCAL
LAWS, " a copy of which is attached hereto and made a part of this resolution;
and it is further
RESOLVED, that the Town Clerk is hereby authorized and directed to file said
local law with the Secretary of State as required by law.
MOVED: Councilman Niederkorn
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Agenda Item No . 6 - Discussion of Aris Development Proposal for Low Income
Housing at the Kyong Site , Trumansburg Road and Possible Referral to Planning
Board for a Recommendation (Attachment #5 — Letter from Mutual Housing ;
Attachment #6 — Memo from J . Kanter ; )
Supervisor Valentino told the Board that the Mutual Housing proposal for a low- income
housing project on Indian Creek Road has been withdrawn . The Town received a letter
from Mutual Housing thanking the Town for their help and assistance . They are
pursuing another site in the Town that might be more acceptable from the point of view
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
of the Zoning Law and Comprehensive Plan . Supervisor Valentino stated she was
looking forward to working with them in the future .
Supervisor Valentino told the assemblage that the only project under discussion this
evening will be the Aris Development proposal . She explained that the only thing the
Town Board will be considering is whether the proposal has enough merit that the Town
Board would consider rezoning the parcel upon recommendation from the Planning
Board .
Supervisor Valentino felt it would be appropriate to allow the public to speak on the
proposal even though it was not a public hearing and invited members of the audience
to address the Board .
ANDY BURN , HOPKINS ROAD
Mr. Burn Appeared before the Board regarding the proposed Aris Development Project ,
Overlook at West Hill . He told the Board he was opposed to the project stating his
concerns regarding the character of the neighborhood . Mr. Burn stated it is a rural ,
residential neighborhood . He was also concerned about traffic impacts and the location
of other low income housing project on West Hill . He felt another such project would
identify West Hill as the Town ' s low income neighborhood . Mr. Burn told the Board he
did not believe the developer could guarantee that hospital employees would be the
ones living in the development stating , it ' s low income house ; it would be illegal to hold
spots for hospital employees .
CELIA BOWERS , TRUMANSBURG ROAD
Ms . Bowers spoke against the proposed development . She expressed concern about
the proximity of the bus turn around to the playground and the fact that after 15 years
the proposed units could be sold at market value , displacing low- income residents .
PAUL MAZZARELLA, EXECUTIVE DIRECTOR OF ITHACA NEIGHBORHOOD
HOUSING SERVICES
Mr. Mazarella appeared before the Board to voice his support for the project . Mr .
Mazarella stated that affordable housing was critical need in Tompkins County and
providing findings from a recent United Way study supporting his statement . He told
the Board that many residents in Tompkins County face a growing affordability gap ,
stating we found in very reputable sources , the US Census , that over 40% of all
Tompkins County households now pay more than 30% of their income for housing .
That 30% threshold is generally considered what is affordable versus non -affordable .
But his burden falls more acutely for renters than it does for homeowners . 49 % of
renters pay more than 30 % for their housing as opposed to about 7% of homeowners .
And for renters 28% pay more than 50% , more than half of their income , for housing .
There ' s a great need for this housing .
Responding to Ms . Bower' s concerns , Mr . Mazzarella stated that the program funding
this project is a federal government that provides tax credits and does have a 15 year
regulatory period during which the affordability is guaranteed . Ithaca Neighborhood
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Housing Services is involved in this project and is very interested in becoming a partner
because their interest is making sure that period of affordability extends well beyond 15
years . They would like to make sure that this becomes a permanently affordable asset
for the community .
Hopkins Road Resident ( name inaudible )
Resident spoke against the proposed development . Concerns included impact on the
school and increase in traffic . Her comments were not sufficiently audible for
transcription .
West Hill Resident, name and address inaudible
Spoke against the proposed development . Concerns included character of the
neighborhood , increase in number of school children , and increases in traffic . His
comments were not sufficiently audible for transcription .
Supervisor Valentino reiterated the decision before the board is consideration of
passing the proposal onto the Planning Board for their consideration .
Councilman Lesser recalled seeing a map that indicated that the density of the property
built as proposed is not going to include any more units the number of units that are
currently possible under the existing zoning .
Peter Trowbridge , Trowbridge & Wolf
Mr . Trowbridge appeared before the Board to answer questions relating to the proposed
development .
Councilman Klein inquired if all the units were two-family dwellings because they are
allowable under R - 15 . Mr . Trowbridge responded that it is allowable . Councilman Klein
added not every single lot in the Town of Ithaca is 100 % of the allowable density .
Mr . Kanter added that another similar analysis could go into that by looking at the
Town ' s cluster regulations ( part of subdivision regulations) . Cluster regulations in the R -
15 zone allow up to 3 . 5 dwelling units per acre as a maximum , without taking into
consideration any of the site characteristics . There would be about 150 units under that
calculation . The magnitude is very similar .
Councilman Klein recalled one of the speakers described the project as being fairly low
income at 30 % median income . In the book , the developer gives different statistics of
the income ranges . He asked the developer to speak to the issue .
Chris Papamichael , Aris Development
Mr. Papamichael stated the income range that they are proposing is 50 % of the
complex will be at 60 % of the area income , 35 % of the complex will be at the 50% of the
median income , and 15 % of the complex will be at the 30% of the median income .
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Councilman Burbank asked what strategies could be used to keep the project affordable
housing . Mr. Papamichael responded they are working with Ithaca Neighborhood
Housing Services . After the 15 -year regulatory period , if there were full support of the
tenants , the tenants would have the ability to buy .
Councilman Niederkorn asked if the percentages could be further explained . Mr .
Papamichael explained that in terms of rent , a certain portion of the complex would be
dedicated towards low income . For example , at 50% it will be at 60 % at the variating
income , which means families that are earning that percentage of the income will have
the first priority for renting that unit . The rents for a one- bedroom at a 60% level would
be $600 , two - bedroom will be $718 , and three- bedroom will be $827 . At the 50 % level ,
the rents would be $496 for one- bedroom , $ 589 for two- bedroom , and $678 for three-
bedroom unit . The last 15 % portion is dedicated towards families earning 30% of the
variating income , one - bedroom $ 281 , two- bedroom $ 332 , and three - bedroom $381 .
Councilman Niederkorn felt it was the responsibility of the Town Board to look at the
social aspect of the project . The County has a low salary rate for the low paid workers .
The County has a potential market and the problem has to be dealt with . The Town of
Ithaca can help to solve the problem with projects like this .
Councilman Lesser agreed with Councilman Niederkorn . It has been documented that
affordable housing is an issue . One can only imagine that it is going to get worse in the
near future with soaring housing costs . This is one step to providing opportunities for a
limited number of individuals to find decent housing at affordable prices in the
community where they work . He would support referring the matter to the Planning
Board for their consideration .
Councilman Klein echoed the thoughts of Councilman Lesser and Councilman
Niederkorn . There is a tremendous need for affordable housing in the community .
Students contribute to the very high housing costs with low vacancy rates in affordable
housing . There is a lot of vacant land on West Hill and that is going to see
development . Hopefully with the Comprehensive Plan and the new Zoning , a fair
amount of open space will be protected . Clearly the Planning Board has a difficult task
in front of them to look at a lot of the issues the Town Board has heard . He is sure that
the Town Board will keep an open mind and act accordingly and felt it was appropriate
to refer the matter.
Councilman Burbank stated he is the only member of the Board that lives on West Hill .
He is acutely aware of the development that is happening and that West Hill has been
host to the boldest initiative of affordable housing . He expressed concern over
concentration of low income housing . He liked the fact that the project has a broader
spectrum . He hopes the Planning Board will consider the adjacency to Linderman
Creek and the impacts on schools and traffic . Councilman Burbank thought other areas
of the Town should be looked at for affordable housing .
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Councilwoman Grigorov liked the mixed housing aspect of the project , which also
included a lot of green space . She feels the development has some good possibilities ,
but has heard concerns from West Hill residents regarding concentration of low income
housing .
Supervisor Valentino mentioned the proposed Zoning Ordinance schedules a lot of land
on West Hill as agricultural and open space . This is a project that the Board should
consider rezoning because it is currently in a location that fits in with the overall
Comprehensive and Zoning Plans . She is in favor of referring the project to the
Planning Board for their consideration .
Mr . Kanter mentioned the Town Board could ask the Planning Board to take lead
agency status in the project .
TB RESOLUTION NO. 2003452: Refer Aris Investment 's Affordable Housing
Proposal Overlook at West Hill to the Planning Board for a Recommendation
RESOLVED that the Town Board of the Town of Ithaca refer Aris Investment 's Overlook
at West Hill Affordable Housing Proposal to the Planning Board for their consideration,
and be it further
RESOLVED that the Planning Board act as lead agency for purposes of environmental
review of the project.
MOVED: Supervisor Valentino
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye .
Motion carried.
Agenda Item 7 — Consider Resolution Adopting Interim Sidewalk Policy
(Attachment #7 — 10/16/2003 Draft Sidewalk Policy)
Councilman Lesser explained that the Transportation Committee wished to have
something available as new subdivisions come forward . The policy attempts to
establish criteria for new and existing developments . It allows existing neighborhoods
to vote to put in a sidewalk benefit district . The Board could also decide to apply a
townwide benefit .
Mr . Kanter mentioned this would be helpful in situations like Warren Road where the
County is doing a major improvement and there was no consensus to include sidewalks
in that project . This would give the Town better guidance for those situations . The
second part gives the Planning Board guidance and criteria for when sidewalks should
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
be required as part of a project . Councilman Lesser also felt it would be beneficial to
the developers so that they could anticipate what might be required .
Supervisor Valentino added it sets standards for how the Town should proceed . It is
better to be consistent in the way that people and neighborhoods are treated .
Mr. Kanter directed the Board to two small wording changes made in the SEAR . The
SEAR short form and resolution have been provided to the Board .
TB RESOLUTION NO. 2003 453: SEQR, ADOPTION OF AN INTERIM SIDEWALK
POLICY FOR THE TOWN OF ITHACA (Attachment #8 — SEQR)
WHEREAS, this action is the adoption of an interim Sidewalk Policy for the Town
of Ithaca; and
WHEREAS, said proposed policy would include specific guidelines for locations
and situations where sidewalks may be required in newly developed areas and
previously developed areas; and
WHEREAS, this is an unlisted action for which the Town of Ithaca Town Board is
acting as Lead Agency in environmental review with respect to the adoption of the
above-described policy; and
WHEREAS, the Town Board, at a special meeting held on October 23, 2003, has
reviewed and accepted as adequate the Short Environmental Assessment Form, Parts I
and II for this action;
RESOLVED, that the Town of Ithaca Town Board hereby makes a negative
determination of environmental significance in accordance with the New York State
Environmental Quality Review Act for the above referenced action as proposed and,
therefore, neither a Full Environmental Assessment Form, nor an Environmental Impact
Statement will be required.
MOVED: Councilwoman Grigorov
SECONDED: Councilman Niederkorn
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
Motion Carried.
TB RESOLUTION NO. 2003- 154: ADOPTING AN INTERIM SIDEWALK POLICY FOR
THE TOWN OF ITHACA
WHEREAS, the Town of Ithaca Town Board adopted an Ordinance Regulating the
Manner of Construction and Repair of Sidewalks on August 24, 1992; and
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
WHEREAS, New York State Town Law, Sections 200-a and 277, and the Town of
Ithaca Subdivision Regulations, Sections 2 and 20, provide general authorization for the
consideration of sidewalks; and
WHEREAS, the Town of Ithaca Transportation Committee is preparing a town - wide
Transportation Plan, which will include among other elements a component regarding
pedestrian and bicycle transportation facilities; and
WHEREAS, the Transportation Committee has prepared a Sidewalk Policy for the Town
of Ithaca (Draft 10116103), which includes specific guidelines for locations and situations
where sidewalks may be required in newly developed areas and previously developed
areas; and
WHEREAS, the Town of Ithaca Planning Board and Public Works Committee have
reviewed said draft Sidewalk Policy, and have provided the Transportation Committee
with suggested revisions, which have been incorporated into the 10116103 draft; and
WHEREAS, the Transportation Committee recommends that the Town Board adopt the
Sidewalk Policy as an interim policy, while more detailed work progresses on the
Transportation Plan, and
WHEREAS, pursuant to Part 617 of the Implementing Regulations to Article 8 of the
Environmental Conservation Law (the State Environmental Quality Review Act
("SEQRA ]), it has been determined by the Town Board that adoption of said proposed
policy is an unlisted action and that adoption of said proposed policy would not have a
significant effect upon the environment and could be processed without further regard to
SEAR; now therefore
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby adopts the
Sidewalk Policy for the Town of Ithaca (Draft 10116103) as an interim policy to be utilized
by the Town Board, Planning Board and town staff, until such time as a town - wide
Transportation Plan is completed, which contains more specific policies and guidelines
for pedestrian and bicycle facilities.
MOVED: Councilman Lesser
SECONDED: Councilman Klein
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye, Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
BUDGET
Supervisor Valentino explained monies for the Ithaca Downtown Partnership were
included in the 2004 budget . The Town previously included $20 , 000 for a City Police
Officer at the High School to work with the kids in the school . The new Police Chief is
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
interested in the program and they have found a retired police officer, with experience ,
that would be willing to take part in the program . The $20 , 000 has been added into the
budget for that position , but it should be cost effective since the person is a retiree and
benefits do not need to be paid .
Agenda Item No . 9 — Budget Discussion Regarding Human Services Coalition ,
Gadabout, Tompkins County Senior Citizens Council
Supervisor Valentino explained the Town does not put money aside for the Human
Services Coalition , Gadabout or the Tompkins County Senior Citizens Council . The
County reimburses the Town for the programs . It has been a lot of paperwork . The
Human Services Coalition is an important part of the process in determining what
service agencies receive money . Gadabout will receive monies through TCAT . There
may or may not be cuts in the Senior Citizens Council budget , but they have good
financial resources of their own .
Agenda Item No. 8 — Budget Discussion Regarding Recreation Programs and
Youth Services
Supervisor Valentino proposed a change in the amount contributed to the City of Ithaca
for their recreation facilities . She explained the problem goes back to when Shirley
Raffensperger was Supervisor. At that time , the City was proposing adding triple fees
for people living outside of the City or from a municipality that did not contribute to the
youth programs . Somewhere along the way it started to be funded and grew to be
$ 160 , 000 without the money being connected to any real numbers . Discussions then
started to try to form a coalition of the Towns and the City to figure out a partnership for
putting money towards the programs . Eventually , it looked as if it would fall apart and
everyone walked away .
The County deserves a lot of credit for getting the Towns and City together to form the
Recreation Partnership . However , there were still problems sorting out the costs . The
bookkeeping records between the City Departments and the Youth Bureau were very
difficult . The Town then offered to have Mr . Carvill work with Alice Green and the City
Youth Bureau . Mr. Carvill spent a lot of time putting together charts clarifying the
numbers . People then started to feel comfortable with the costs of various programs
when they were better able to understand what the programs were really costing . The
municipalities felt more comfortable joining in the partnership . While going through that
phase , it became clear that things would not go very far if the facilities were locked into
the programs . The facilities were separated from the programs . The Partnership had
some components for facilities , but not a lot . They were taken out because the general
feeling from municipalities outside the City was to not pay the overhead and costs for a
building that was a City building . They also did not want to get locked into the debt
service and the repairs .
The Recreation Partnership was created from the County , City and the Town making
larger contributions and the smaller towns making a smaller contribution based on the
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October 23 , 2003 Town Board Meeting
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formula of their population and school district components . At the same time , the City
was saying that they still had the costs of the facilities . The Town had been paying
$ 160 , 000 and offered to subtract $47 , 000 from the $ 160 , 000 . The Town offered to
continue to pay that subsidy .
The City , Town and County contributed to hiring a consultant to do a report on the
facilities . The report was finished last May and the municipalities started having
meetings regarding the information provided in the report . An agreement was never
met on how to deal with the facilities . By then , the County was having pretty serious
financial problems and it was clear that they were not going to put any money into the
facilities . The City was beginning to feel the stress of where they were . There were a
lot of meetings held on enhancing revenues and reducing costs .
About a month ago , Supervisor Valentino went to the Youth Bureau and spoke with the
Mayor and members of Common Council . She explained to them that she was unable
to promise them that the Town would continue paying the amount of subsidy currently
being paid for the facilities because it is a high amount and the Town does not have
good handle on the real participation . The finances need to be looked at in a better
way .
Supervisor Valentino held :meetings with members of Common Council and offered for
the Town to contribute $50 , 000 towards the facilities in 2004 with the understanding that
an ID Card system be put in place . The rate would be set and then persons without an
ID Card would pay double the rate . It would encourage people to come in and get an
ID . She offered for then Town to take care of the ID and Identification for Town
Residents . The card ID system would allow the Town to survey Town residents about
their needs and what they really want . The Common Council representatives are taking
the ideas back to Common Council for consideration . Other ideas have also come
forward about reducing costs and enhancing revenues . Supervisor Valentino is hopeful
that things can be worked out .
Supervisor Valentino proposed to the Town Board that the line item be changed from
$ 112 , 00 to $ 50 , 000 . She would like to take $45 , 000 out of that to hire a professional
person in recreation programming for adults and youth services . The Town and the
Village of Lansing are the only two municipalities that do not do some of these things on
their own . In talking with Planning staff and other staff , it would be helpful to have
someone available to help plan facilities that are able to hold recreation programs . The
Planning staff is able to help apply for grants . The Town has reached a stage of growth
on parks , trails and recreation programming where things can be moved forward . She
has had discussions with the Towns of Lansing , Dryden , Ulysses , Danby and Caroline
regarding the towns working together to coordinate and share programs . One of the
dreams of the Recreation Partnership was to try to develop more programs away from
the City core and out in the neighborhoods where children live so that they can get to
things that are closer by . That dream has never been quite realized through the
Recreation Partnership . In talking with the other towns , there is a real interest in
working together to provide programming in the outer areas . Ulysses , Dryden and
i2
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Newfield use their schools extensively . Judy Pastel has expressed an interest in
working with the Town on using the school facilities for some of these programs .
Mrs . Drake has created a draft job description for a Recreation Director. The Town will
have to go through the civil service process if this is how the Board wants to move
forward . Supervisor Valentino came into politics with a strong interest in youth
programs and youth ideas . She is excited about increasing the opportunities for adults
and youth in the community . The Town would still be part of the Recreation
Partnership . After 2003 , the Partnership will not be receiving money from the County .
The Towns feel they can take on more responsibility for recreation and asked to be
funded for one more year to give the Towns the ability to get ready for taking on the
responsibility .
Town Supervisors and County Representatives met to discuss dealing with budget
problems . A unified court system and coordination of highway work were a few of the
suggestions . Everyone went away feeling enthusiastic about putting together a
committee to discuss goals and how to coordinate better together. This is the first time
this has ever happened .
Councilman Burbank expressed concerns about the negative impacts on the existing
structure . Supervisor Valentino responded that she had talked with the Mayor and
Common Council about that and the need for the Town to be able to step back and see
where the Town is .
Nancy Zhaler, Youth Bureau
Comments not audible.
Supervisor Valentino saw this as an opportunity to keep the Recreation Partnership
together. The County Board has never been enthusiastic about funding it . The Towns
are saying they think they are able to take on the responsibility without the County' s
contribution . The Recreation Partnership would not be dissolved . Councilman Burbank
felt this would have a negative impact on the City' s dire situation . He expressed
concern that acting this way could cause the closure of Cass Park . Supervisor
Valentino responded the change in the Town ' s contribution is not the factor that would
close the pool . The City has come up with new numbers saying the rink is not losing
money . The pool will close if the City keeps failing to take some of the
recommendations that the consultant suggested and if they fail to find some other ways
of raising revenue . She thinks it is clear that it is not the Town ' s intent to be responsible
for the pool closing . On the other hand , it is not the responsibility of the Town of Ithaca
taxpayers to keep putting money into a system that has not been managed as well as it
should have been run . The City and the Town are going to try to work together to keep
the pool open ; that change and that amount of money will not cause the pool to close .
Mr. Kanter asked if the Mayor' s budget proposal included closing the pool . Supervisor
Valentino responded that she did not know , but she knows that he is making additional
changes . The Mayor has looked at the recommendations from the Youth Bureau and is
13
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
trying to keep the pool open . Supervisor Valentino planned on keeping in close contact
with the Mayor about the problems with the pool .
Councilman Lesser added that Supervisor Valentino ' s proposal was very sensible and
admirable . It would make fuller use of the facilities available in the Town and at the
same time provide recreation and youth opportunities closer to homes and
communities . He thought it was a great idea and supported it . Councilman Lesser
suggested it is a good idea to have goals of what is trying to be achieved . He asked if
there were standards to say if something has been successful . Supervisor Valentino
responded she has thought about this a lot . She wants to hire someone who has the
skills to help the Town set up the goals and standards of what the Town needs .
Someone with experience in seeing what types of programs can be done in schools and
how many volunteers can be attracted . Sometimes there is duplication and sometimes
there is a program that fails that could have been helped by another program that is
doing essentially the same thing . She has worked with those measures over the years
and in her own mind she knows where the Town needs to start and what needs to be
done .
Mrs . Drake added a goal of the Town is to get a handle on what the participation is by
Town residents . Supervisor Valentino mentioned they have been talking about doing
another survey because the Town has been getting a great response on the traffic
survey . She wants to get the community more engaged and find out their needs . It is
difficult because people do not have a sense of community . This is an opportunity to
engage the community and make them feel a certain pride in being part of a community
that is reaching out and trying to do these things for the residents .
Mr. Kanter explained the Park , Recreation and Open Space Plan sets out over a long
period of time what the current and future recreational needs of the Town . The capital
program has begun to address the larger scale of park development that the Town is
going to have in the beginning of 2004 and into 2005 , with a little league field for Tutelo
Park , and Sapponi Park will be developed a few years after that . The Town owns 20
acres on West Hill and land has been identified for a park on South Hill . Long term
development of the parks is going to involve a number of soccer fields , baseball fields ,
tennis courts , basketball courts or what the Town feels will be appropriate in those kinds
of facilities . It sounds like there will be facilities to start coordinating the use of and if
Town residents should have preference . It is conceptually addressed in the plan , but
needs to be expanded .
Councilman Klein asked since the Town does not have many large facilities , what would
be the nature of the programs offered in the Town . Supervisor Valentino responded the
Town does have some fields and the school fields could be used . She has talked to
Ithaca College about offering their facilities for summer programs . A lot of it will be
networking with the colleges and other communities .
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October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Councilman Klein asked if the program would include Cayuga Heights . Supervisor
Valentino responded it would . The program would include using the Cayuga Heights
School . Supervisor Valentino would like to have it included in the 2004 budget .
Councilman Burbank felt this idea has come without the ability to be able to connect
with it and think it through . This is talking about initiating a new recreation programming
component . He does not think it has been discussed as a board or on advisory
committees . It will have a negative impact on the City and he is very uncomfortable
even moving forward conceptually .
Supervisor Valentino felt one of the bright lights in the eight years that she has been
supervisor is the working relationship between the Town and other municipalities .
There will still be programs in the City , but there are a lot of children living in the Town
of Ithaca who do not live in close proximity to the City . It has always been a goal to
have programming in the neighborhood parks . Transportation has always been a
problem when getting children to programs .
The representatives from the different municipalities that run the Recreation Partnership
would bring in their staff and regular reports will be made to the Town Board . Dryden
currently has their staff person as their representative to the Recreation Partnership .
Supervisor Valentino sees the Recreation Partnership as the major coordinator of
everything with the Recreation Director of the Town as staff support to the Recreation
Partnership .
Nancy Zhaler, Ithaca Youth Bureau
Ms . Zhaler' s comments were not audible
In response to Ms . Zhaler' s comments , Supervisor Valentino felt it was important to
have persons at the County level that could be the townships ' connection for accessing
State funding . She does not want to hire someone without experience or the necessary
skills .
Staff feels comfortable that this is an important item for the Town Board . Supervisor
Valentino asked the Town Board for the go-ahead in creating the position for the 2004
budget . The first step is to establish a line in the budget . The board will not approve
creation of the position until the next meeting .
Councilman Burbank felt that he needed to have more information and was not
comfortable in creating the position at this time . He was comfortable with providing a
line item in the budget and having further discussions in the future .
Supervisor Valentino thanked the Board for their patience .
Agenda Item No . 10 — Resolution in Support of Tompkins County Water
Resources Council Grant Application for Phase II Storm Water Regulations
(Attachment #9 — Memo from Sue Ritter)
15
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Mr. Kanter explained the resolution recognizes that the Storm Water Management
Group is submitting their grant application for funds that would primarily be used for an
educational component and GIS mapping services . A resolution of support was needed
from all municipalities for the grant application .
Mr. Walker suggested that there be coordination between the Town and the County .
The Town is currently mapping storm water outfalls within the Town . The resolution
should state that the Town has an ongoing mapping program that will be coordinated
with the Storm Water Management Group .
TB RESOLUTION NO. 2003455: Resolution Supporting Grant Application by the
Tompkins County Stormwater Group
WHEREAS, the Town of Ithaca is part of the urbanized area of Tompkins County and is
a Municipal Separate Storm Sewer System (MS4) as defined by the Phase ll
Stormwater Regulations; and
WHEREAS, the Phase 11 Stormwater Regulations requires that all MS4s implement a
Storm Water Management Plan (SWMP); and
WHEREAS, the Tompkins County Stormwater Group has applied for grant funding on
behalf of all MS4s in Tompkins County for the purpose of developing and implementing
a comprehensive stormwater education and outreach plan, and to begin mapping
stormwater outfalls within the MS4s in Tompkins County, which are required elements
in the Storm Water Management Plan, and
WHEREAS, the Tompkins County Stormwater Group seeks the support of the Town of
Ithaca for this grant funding application and its efforts to facilitate intermunicipal
collaboration in the implementation of the Phase 11 Stormwater Regulations.
THEREFORE, BE IT RESOLVED, that the Town of Ithaca supports the efforts by the
Tompkins County Stormwater Group to apply for grant funding and implement portions
of the Storm Water Management Plan on behalf of and in cooperation with the MS4s of
Tompkins County.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, absent; Councilman Niederkorn,
aye. Motion carried.
Agenda Item No. 11 — Discussion of Delinquent Water and Sewer Charges
16
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
Item deferred until November meeting.
ATTENDANCE AT THE ASSOCIATION OF TOWNS 2004 TRAINING SCHOOL FOR
NEWLY ELECTED OFFICIALS
Funding needs to be allocated to allow the new board members-elect to attend the 2004
Training School for Newly Elected Officials . Formal resolution to be passed at the
November Board Meeting.
FRAN BENEDICT
Councilwoman Russell , Mr. Noteboom , Mr. Walker and Supervisor Valentino received a
note from Mayor Cohen and Fran Benedict , Oakwood Lane . Mr. Benedict received a
bill from Mr. Paolangeli for work done on the City' s drainage system . Supervisor
Valentino understood the bill was forwarded to the City to pay . The City in turn told Mr.
Benedict that the Town should pay the bill because the problem was a result of the
drainpipe being plugged . Staff determined all precautions that needed to be taken
when the pump station was put in place were taken . There was sediment control to
prevent items from going into the drainage system . It was mainly the City' s neglect in
taking care of their ditches over a long period of time that caused the problem .
Mr . Walker explained there is a ditch along the road right-of-way that had a lot of debris
and brush in it . The bank was unstable . Sediment could run - off during high water
flows . When the Town went into the site , the contractor put sediment control in place to
make sure there was no additional sediment into the drainage system . As part of the
Town project , an extra culvert was put in for the driveway to the pump station . The
channel was stabilized . The sediment that built up in Mr . Benedict' s culvert has been
accumulating for about 20 years . There is a road culvert that is underneath Oakwood
Lane , as part of the City drainage system that was probably draining into an open ditch
on the Benedict property originally . Mr . Benedict was not happy with having a ditch in
his lawn and had pipe put in . The Department of Public Works warned Mr. Walker that
there might be problems with Mr. Benedict because the City had been having long-term
problems with Mr. Benedict regarding drainage . It is not something that happened
when the Town built the pump station .
Mr . Benedict ' s culvert rusted out . Based on the topography , the City culvert is at a flat
grade at the road and then Mr . Benedict ' s yard is much steeper . Mr. Walker was not
sure how the culvert could have gotten sediment in that would not have ended up in the
City ' s culvert . Mr. Paolangeli wrote a letter saying it looked to be a lot of sediment in
there and indicated that maybe the tank flushing action could have washed sediment in .
It might have , but it would have predated any work that the Town did . The Town did
substantial cleanup work in the ditch and monitored it closely . Mr. Walker did not see
any evidence of a lot of sediment going through .
The total bill was $7 , 000+ . Mr. Benedict wanted to divide the bill between himself , the
City and the Town . Supervisor Valentino has a problem with the Town of Ithaca paying
for correcting the drainage system in the City . It was their pipe that was old and it was
their responsibility . The Mayor has said the City is not going to pay anything because
17
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
they don 't think it was their responsibility . Supervisor Valentino felt it would be setting a
precedent .
Councilman Lesser asked if the Town was contacted prior to authorizing Mr. Paolangeli
to do the work . Supervisor Valentino responded the Town was not contacted .
Councilman Klein thought that if Mr. Benedict observed a lot of runoff , then he would
have contacted the Town . Supervisor Valentino and Mr. Walker had heard in a round
about way that Mr . Benedict had complained over the years of having a lot of problems .
Mr. Noteboom never received a call about the problem . A nice job was done on the
property .
Councilman Burbank added problems started after the pump station was built . Mr.
Walker responded it was a coincidence that the pipe failed . The right-of-way that
serves as a driveway to the house to the east was not well maintained by the City . It
was basically a gravel roadway . There was a fair amount of water that came down that
and probably washed out of the driveway. This is where the water was coming through .
The Town stabilized the channel and paved the driveway and reduced the potential for
erosion .
Supervisor Valentino felt Mr . Benedict should have contacted the Town if he thought the
Town caused the problem . The Town has received a letter from Paolangeli . The letter
stated the water tank , which is owned by the City , might have caused the problem .
Supervisor Valentino explained to Mr. Benedict that it is not the Town ' s policy to pay for
another municipality' s drainage system , but would present it to the Town Board . She
would notify Mr. Benedict that the Town Board discussed it and decided that it was not
the Town ' s responsibility to pay for the drainage .
TOWN OF ULYSSES WATER DISTRICT
Mr. Barney explained the Town Board authorized the sale of water to the Town of
Ulysses up to a maximum of 166 , 000 gallons per day for Ulysses Water District #3 .
After authorization , Ulysses asked that 3 houses on Dubois Road be served and
created Water District #4 . It would be easier to take 3 , 000 gallons from the 166 , 000
gallons for District #3 .
Councilwoman Grigorov thought the amount of water would allow for more houses . Mr.
Walker explained the pipeline ends right in front of the three houses .
Mr. Barney suggested the Town authorize the sale of 3 , 000 gallons and subtract it from
the already authorized166 , 0000 gallons . Bolton Point gave the Town permission to sell
166 , 000 gallons of water to the Town of Ulysses and it was not designated to a specific
district . The Town is reallocating the water between the two districts . Bolton Point can
authorize the sale of more water at a later date if it is not enough .
TB RESOLUTION NO. 2003456: Authorizing the Execution of an Agreement for
the Sale of Water to Town of Ulysses Water District Number 4
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
WHEREAS, the Town of Ithaca ('Ithaca ') has previously authorized the sale of
water to Town of Ulysses ("Ulysses ') Water District Number 3, conditional on Ithaca
being authorized by the member municipalities of the Southern Cayuga Lake
Intermunicipal Water Commission ("SCLIWC') to sell water for use outside Ithaca 's
boundaries; and
WHEREAS, the Supervisor of the Town of Ithaca has negotiated a contract with
the Supervisor of the Town of Ulysses for the sale of up to 162, 000 gallons on any given
day and an average usage of a somewhat lesser amount per day to Ulysses at the retail
price of water charged by Ithaca to its other customers, said contract to be for a period
of thirty years subject to automatic renewal thereafter unless either party chooses to
terminate the contract; and
WHEREAS, Ulysses has now requested Ithaca to supply up to 3, 000 gallons per
day to Ulysses Water District Number 4; and
WHEREAS, SCLIWC has only authorized Ithaca to sell 162, 000 gallons per day
to Ulysses: and
WHEREAS, Ithaca is willing to divert 3, 000 gallons per day from the previously
authorized water sales to Ulysses Water District Number 3 to Ulysses Water District
Number 4; and
WHEREAS, it appears to be in the interests of the Town and its citizens to
authorize such sale;
NOW, THEREFORE, be it
RESOLVED, that the Town of Ithaca hereby approves the proposed agreement
between Ulysses and Ithaca for the sale of up to 3000 gallons of water per day
by Ithaca to Ulysses Water District Number 4 at the same rate as Ithaca charges
from time to time to its own customers, said contract to be for an initial period of
thirty years; and it is further
RESOLVED, that such the execution of such contract be conditional upon
Ulysses agreeing to reduce the maximum number of gallons to be provided by
Ithaca to Ulysses Water District Number 3 from 162, 000 gallons per day to
159, 000 gallons per day; and it is further
RESOLVED, that the execution of such contract be further conditional upon the
approval of same by SCLIWC; and
RESOLVED, that the Town Board determines that the action authorized
hereunder is a Type ll action as defined in Part 617 of the Implementing
Regulations pertaining to Article 8 (State Environmental Quality Review Act or
"SEAR') of the New York State Conservation Law in that it is a "routine or
continuing agency administration and management, not including new program
19
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
or major reordering of priorities that may affect the environment' and also an
"extension of utility distribution facilities, including gas, electric, telephone, cable,
water and sewer connections to render service in approved subdivisions . . . " and
accordingly no action under SEQRA need be conducted in connection with the
authorization to execute an agreement with Ulysses to effect such sales to
Ulysses Water District Number 4; and it is further
RESOLVED, that the Town Supervisor and Deputy Town Supervisor be, and
either hereby is, authorized to execute the agreement with Ulysses on behalf of
the Town of Ithaca, such agreement to be in such form as the person executing
same may approve with the advice and assistance of the Director of Engineering
and the Attorney for the Town; and it is further
RESOLVED, that the execution of such an agreement by the Supervisor or
Deputy Supervisor shall be due evidence of the approval of same by such
person .
MOVED: Supervisor Valentino
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Klein,
aye; Councilman Lesser, aye; Councilman Burbank, aye; Councilman Niederkorn, aye.
EXECUTIVE SESSION
On motion by Supervisor Valentino , seconded by Councilwoman Grigorov , the Board
entered into executive session at 8 : 53 p . m . for discussion of a personnel matter. On
motion by Councilman Lesser , seconded by Councilman Klein , the Board returned to
regular session at 9 : 17 p . m .
TB RESOLUTION NO. 2003457: Approval Appointment of Interim Justice.
WHEREAS, Town Justice, Clarence Larkin has requested a medical leave of
absence effective October 28, 2003 until further notice; and
WHEREAS, A request has been made of the Town of Lansing to have William
Burin, Justice of the Town of Lansing to serve as a temporary Justice for the Town of
Ithaca from November 2, 2003 to May 1 , 2004 (not to exceed 6 months), and
WHEREAS, The Town of Ithaca agrees to pay William Burin the sum of $200. 00
per week on an as needed basis,
THEREFORE BE IT
RESOLVED, the Town Board of the Town of Ithaca does hereby approve the
appointment of William Burin as Interim Justice for the Town of Ithaca from November
20
October 23 , 2003 Town Board Meeting
Approved December 8, 2003
21 2003 until May 1 , 2004 (not to exceed 6 months) and to compensate Mr. Burin
$200. 00 per week on an as needed basis, conditional on the approval of such
arrangements by the Town of Lansing Town Board.
MOVED: Supervisor Valentino
SECONDED: Councilman Klein
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman
Klein, aye; Councilman Lesser, aye; Councilman Burbank, nay; Councilman Niederkorn,
aye. Motion carried.
ADJOURNMENT
On motion by Councilman Lesser , seconded by Councilman Klein , the meeting was
adjourned at 9 : 20 p . m .
Respectfully submitted , '
Carrie Coates-Whitmore
Deputy Town Clerk
TOWN OF ITHACA
TOWN BOARD
SIGN - IN SHEET
DATE : Thursday , October 23 , 2003
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10 / 23 / 2003 Town Board Meeting ATTACHMENT ,# 1
0 , IT/
TOWN OF I TH ACA
,F _ ii� zil '
215 N . Tioga Street , Ithaca , N . Y . 14850
www . town . 1thaca . ny . us
TOWN CLERK 273- 1721 HIGHWAY ( Roads , Parks , Trails , Water & Sewer) 273- 1656 ENGINEERING 273- 1747
PLANNING 273- 1747 ZONING 273- 1783
FAX (607) 273- 1704
MEMO
Date : October 15 , 2003
To : Mayor Alan Cohen and City of Ithaca Common Council
Members
From : Supervisor Valentino
Re : Ithaca Fire Department 2004 Budget
am writing in the hope that you will consider not reducing the staff of the Fire
Department .
The Town of Ithaca is offering $ 60 , 000 to the City if you accept Fire Chief Brian
Wilbur' s proposal to hire an entry level firefighter and promote from within your
staff to replace the retired Deputy Chief . This money would be available for
2004 , with the only condition that you not reduce the staff level . Hopefully the
City will be in better financial shape in 2005 so that this minimum level of staff
can be maintained .
Complying with the current fire contract , the Town is contributing 30 . 40 % of the
fire department ' s net expenditure for 2003 . This percentage will increase to
31 . 10% in 2004 because it is based upon the taxable assessed property value of
the City and Town ' s fire service area . Assessed values in the Town for 2004
increased more than the City ' s . The effect is that in 2004 , the Town will be
paying approximately $ 50 , 000 more and the City will be paying approximately
$ 50 , 000 less towards net expenditures .
The Town contributes another 2 . 75 % of the fire department ' s net expenses
toward administrative overhead costs . That money goes directly to the City' s
general fund and does not support direct costs of the fire department . As of
August 31 , 2003 , the Town has contributed $86 , 886 . We still have 4 more
months of contributions at around $ 10 , 000 per month for a yearly total of around
$ 130 , 000 .
If the anticipated retirement of 2 or 3 firefighters that are Tier 1 and 2 State
Retirements occurs , the City will save the high retirement payments for these
employees because new employees will come in at tiers that require a lower
annual payment . The replacement of senior employees by entry- level
employees will result in additional cost savings .
I do not see any real cost saving from the Mayor' s proposal and I have to ask the
question , why are you doing this ? It can only cause a deeper rift between the
Town and City . The Town ' s position remains unchanged that the reduction in
staff violates our new contract signed March 31 , 2003 . Further, it has the
negative effect of serious morale problems with the dedicated staff that have,
proven many times that they are always at the ready to respond to emergency
situations .
We need to find ways to work together to rebuild trust and cooperation between
the Town and the City of Ithaca . This cut in the Fire Department budget can only
hurt this long- standing relationship .
Attachment #2
Local Law Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY , NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended . Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
WNW
ITHACA
- - - - -
Town VWW
Local Law No. . . . . . . . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - of the year 20-03
A local law - - - - - - - - - - - AP-'►ENDING LOCAL LAW NLMBER 2 OF THE YEAR 1979 REVISING
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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(bvrn Tide)
THE FEES FIR DOG LICENSES
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Be it enacted by the - - - -TL)M - B - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - -- - of the
(Naas of[ raida&e Body)
?t aw of - - - - - ITHACA - - - - - - - - - - - - - - - - - - - - - - - - -- - - as follows :
( SEE ArITACHED , 1 PAGE )
(If additional space is needed , attach pages the same size as this sheet , and number each .)
DOS -239 (Rev. 1 1/99) ( , )
T .
LOCAL LAW NO . 3
A LOCAL LAW AMENDING LOCAL LAW NO . 2 OF THE YEAR 1979
REVISING THE FEES FOR DOG LICENSES
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . Local Law No . 2 of the year 1979 adopted by the Town Board on May 10, 1979 regulating
and controlling the activities of dogs in the Town of Ithaca and setting certain fees is hereby amended as follows :
A . Article IX entitled "License Fees " is amended by renumbering paragraphs (3) and (4) to be respectively
paragraphs (4) and (5 ) and by adding a new paragraph (3 ) reading reading as follows :
(3) For the remainder of the year 2003 and for following years the following fee schedule is
established:
a . For neutered male and spayed female dogs :
Local Fee Current State Fee Current Total Fee
$6 . 00 $2 . 50 $ 8 . 50
b . For unneutered male and and unspayed female dogs :
Local Fee Current State Fee Current Total Fee
$ 6 . 00 $ 10 . 50 $ 16 . 50
c . For purebred licenses as follows :
Current Current
Local Fee State Fee Total Fee
I . For 10 dogs or less $ 15 . 00 $ 25 . 00 $ 40 . 00
ii . For I1 -25 dogs inclusive $25 . 00 $ 50 . 00 $ 75000
iii . For more than 25 dogs $25 . 00 $ 100 . 00 $ 125 . 00
In the event the State of New York changes any of the State Fees set forth above, the Total Fee to
be charged shall be modifed to conform the portion of the fee that is a State Fee to the then
current State Fee charges .
B . Article IX newly renumbered paragraph (4) is amended to read as follows :
"(4) The local fee schedule contained in subsection 3 above shall be effective November 1 ,
2003 and for all periods subsequent to that date unless amended by local law, or
ordinance, or resolution of the Town Board enacted in the same manner as an ordinance. ''
Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction, such
invalidity shall not affect any other provisions of this local law which shall remain in full force and effect.
Section 3 . This local law shall take effect upon its filing with the Secretary of State of the State of New
York.
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable .)
1 . (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto designated as local law No . - - - - - 3 - - - - - - - - - - - - - _ _ _ _ 3
- of 2C{� _ _ _ _ _
of the ��')(Town� of - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
MAIL -BOARD- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -10 /-23 - - - 20 -43 , in accordance with the a applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval
by the Elective Chief Executive Officer * .)
I hereby certify that the local law annexed hereto, designated as local law No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . of 20- - - - - -
of the (County)(City)(Town) (`v'illage) of - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ - _ _ _ - _ _ _ _ _ _ - - was duty passed by the
- - - - - - - - - - - _ - - - - - - _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20 - _ _ and was (approved)(not approved)(repassed after
(Name ofLegidorive Body)
disapproval) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _
(Elective Chief Ezecutivt Officer*)
' -
in accordance with the applicable provisions of law .
3. (Final adoption by referendum .)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - - - _ - - - - - - - - - - of 20. . . . . .
of the (County)(City ) (Town) ( Village ) of _ _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - _ - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the
- - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved) (not approved)(repassed after
(Name of Legislative Body)
disapproval ) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on- - - _ - - - - - - - - - - - - - - - 20- - - - . Such local law was submitted
(Elective Chief Executive Officer')
to the people by reason of a (mandatory)(permissive) referendum , and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera l)(special )(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 - _ _ in
accordance with the applicable provisions of law. '
4 . ( Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - - - - - _ - - - - - - - - _ . . . . . . . . . of 20- _ _ _ _ _
of the ( County)(City )(Town) ( Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ - - - - - - - _ _ was duly passed by the
- - - - - - _ - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - - _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - 20_ _ _ _ , and was (approved) (not a pproved)(repassed after
(Name of Legislative Body)
disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - 20
- - - Such local law was subject to
(Elective Chief Esecuti ve Officer *)
permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 24 _ _ _ , in
accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county .
wide basis or, if there be none , the chairperson of the county legislative body, the mayor of a city or village , or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances .
( 2)
5. ( City local law concerning Charter revision proposed by petition .)
I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20- - - - - -
of the City of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ having been submitted to referendum pursuant to the provisions of
section (36)( 37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special )(general ) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ _ _ _
became operative .
6. ( County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - _ _ . . . . . . . . . . . .
of 20. . _ - _ _
of the County of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State of New York , having been submitted to the electors
at the General Election of November _ - - - - - - - - _ - - - - - - - - - - - - 20- - - - , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit.
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election , became operative .
(If any other authorized form of final adoption has been followed , please provide an appropriate certification .)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph. _ L - - - - - - - - - above.
Clerk of the County legislative body , City-, Town or Village Clerk
or officer designated by local legislative body
(Sea !) Date :
(Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF TIOMPKINS
1 , the undersigned , hereby certify that the foregoing local ,4w contains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law 'nnfzed hereto .
C' -�-
signature
ATM4TEY FOR THE TOWN
Title
n of ITHACA
Tow
Date :
( 3 )
Attachment # 3
L oval L a w Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY , NY 12231
(Use this form to rile a local law with the Secretary of State.)
Text of law should be given as amended . Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
MOW
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Local Law No. . . . . . . . . 4 . . . . . . . . . . . . . . . . . . _ _ _ _ _ _ _ _ of the year 2Q113 -
A local law . . . . . .. . . . . REPEALING LOCAL- LAW NUMBER 3 OF THE YEAR 1978 INSTITUTING
. . . . . .. . . . . AN - ELECTRICAL CODE FOR THE TOWN OF ITHACA
- - - - - - - - --- - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- - - - - - - -
- - - - -
- - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - -- - --- - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - -
- - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - --- - - - - - - - - - -- - - -- - - - - - - - - - - -- - - - - - - --- - - - - - - - - - -
TOWN BOARD
Beit enacted by the - - - - - - - -- - - - - - -- - - - - - - - -- - - - - - - - - - - -- - - - - ---- - - - - - - - - ---- -- - - - - - - - -- - - - -- - - - - - of the
yygg�� (NV c of L cr;A&&e Body)
XEW ITHACA
Town °f . . . . . . . . . . . . . . as follows ,- - - - - - - -
- - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - -- - - - - - - - - - - - - - - - - - - - - - -
LOCAL LAW NO. 4
A LOCAL LAW REPEALING LOCAL LAW NUMBER 3 OF THE YEAR 1978
INSTITUTING AN ELECTRICAL CODE FOR THE TOWN OF ITHACA
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . Local Law Number 3 of the year 1978 adopted by the Town Board on December
112 1978, instituting an electrical code for the Town of Ithaca is hereby repealed, as the construction of
electrical components and systems are now governed by the Building Code of the State of New York
which incorporates the National Electric Code as the standard for construction and installation of
electrical wiring, systems, and components .
Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any other provisions of this local law which shall remain in full force and
effect.
Section 3 . This local law shall take effect upon its filing with the Secretary of State of the State
of New York.
(if additional space is needed , attach pages the same size as this sheet , and number each .)
DOS -23 9 ( Rev. 11/99) ( � )
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable .)
1 . (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No . . . . . . _ _ 4 - - - - - - - _ _ _ . . . . . . . . _ _ _ of 20. 03
of tq,5 r f0(Town)JMdW) of - - - - -isTHACA- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - was duly passed by the
. . . . . . . . . . . _ _ _ _ _ _ _ _ - - - - - - - - - - - - - - - _ . . . . . on _ 10123A3 _ _ _ 2003_ , in accordance with the applicable provisions of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval
by the Elective Chief Executive Officer.)
I hereby certify that the local law annexed hereto, designated as local law No_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ _ _ _ _ of 20- • _ _ _ _
of the (Courity)(City)(Town) (Village) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - • - - - - - - • - 20 • - - and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the . . . . . . . . . . • - • - - • • - • • - - - - - - - • - • - - - • - - - - - - - and was deemed duly adopted on
- - - - - - - - - - - - - - - - - -
(Elective Chief Executive Officer*) 0_ _ - _
in accordance with the applicable provisions of law.
3. (Final adoption by referendum .)
I hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - of 20. - - _ _ .
of the (County)(City )(Town) (Village) of - - - - • • - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ - - - - - - _ _ _ _ _ - - - - - - - - - - - - was duly passed by the
_ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20- - - - , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval ) by the - - - • - • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- -- . . -- -- - - - - - - - - - - 20- - - - . Such local law was submitted
(Elective Chief Executive Officer*)
to the people by reason of a (mandatory)(permissive) referendum , and received the affirmative vote of a majority of
the qualified electors voting thereon at the (general)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ _ _ , in
accordance with the applicable provisions of law.
4 . (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
I hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ - - - - - - - - - - - - - - - - - - _ _ _ . . . . . . . . . . of 20_ _ _ _ _ _
of the ( County)(City)(Town) (Vil ] age) of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ was duly passed by the
. . . . . . . . . . . . . _ _ _ _ _ _ _ _ _ _ . . . . . . . . . . . . . _ . . . . . . . on - - - _ - - - - - - - - - - - - - - 20_ _ _ _ , and was (approved) (not approved)(repassed after
(Name of Legislative Body)
disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - -- - - - - - - - - - - 20 - - - . Such local law was subject to
(Elective Chief Executive Officer *)
permissive referendum and no valid petition requesting such referendum was filed as of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20L _ _ _ , in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -
wide basis or, if there be none, the chairperson of the county legislative body, the mayor of a city or village , or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances .
(2)
5 . ( City local law concerning Charter revision proposed by petition .)
1 hereby certify that the local law annexed hereto, designated as local law No. - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ _ _ _ _
of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special )(general) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ _ _ _ ,
became operative .
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ - - - - - - _ _ _ _ _ _ _ . . . . . . . . . . . . . . _ _ _ of 20- _ _ _ _ _
of the County of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of New York , having been submitted to the electors
at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20- -- - , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election, became operative.
(If any other authorized form of final adoption has been followed , please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law , and was finally adopted in the manner in-
dicated in paragraph- _ _1 _ _ _ _ _ _ _ , above. ---
I_
Clerk of the County legislative body, City, Town or Village Clerk
or officer designated by local legislative body
Seal) Date :
(Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW ) QE KINS
COUNTY OF 11UU1M�1��''
1, the undersigned , hereby certify that the foregoing local law c nt �ins the correct text and that all proper proceedings
have been had or taken for the enactment of the local law anne d/hereto .
Signature
ATI M\TEY FOR THE TOWN
Title j
.j
" o f ITHACA
Town
X} �
Date :
( 3 )
Attachment # 4
L ocal L a w Filing NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET, ALBANY, NY 12231
(Use this form to rile a local law with the Secretary of State.)
Text of law should be given as amended . Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
ITHACA
-
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Town of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Me
Local Law No. _ _ _ _S_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of the year 20.01 _
A local law _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ REP=NG LOCAL LAW NUMBER 1 OF THE YEAR 1965 RELATING
TO PUBLIC NOTICES OF ADOPTION OF LOCAL LAWS
- - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - -
- - -- - - - - - -
- - - - - - - - - - - - - --- - -- - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - -- --- - - --- - - -
- - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - -- --- - - -- - - - -
Be it enacted by the TOWN BOARD
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - -
Vii ro/Lcr;A1& eBody) - - - -- - o the
- - - - - - - -- -- - --
XXlXXMK:K
OUP ITHACA
Town °f - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - as follows :
LOCAL LAW NO . 5
A LOCAL LAW REPEALING LOCAL LAW NUMBER 1 OF THE YEAR 1965
RELATING TO PUBLIC NOTICES OF ADOPTION OF LOCAL LAWS
Be it enacted by the Town Board of the Town of Ithaca as follows :
Section 1 . Local Law Number 1 of the year 1965 adopted by the Town Board on May 10,
1965 regulating the manner of adoption of local laws and providing for public notices of same is hereby
repealed, as the manner of adoption and requirements as to publicizing local laws are governed by New
York State Municipal Home Rule Law and other general state laws.
Section 2 . If any provision of this law is found invalid by any court of competent jurisdiction,
such invalidity shall not affect any other provisions of this local law which shall remain in full force and
effect.
Section 3 . This local law shall take effect upon its filing with the Secretary of State of the State
of New York .
(If additional space is needed , attach pages the same size as this sheet , and number each
DOS -239 (Rev. 1 U99) ( �
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable .)
1 . (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto designated as local law No . _ _ _ _ _ _ 5 _ _ _ _ _ _ _ _ _ _ 3
- - - - - of 2�
of 31 (Town) (� of - - _10 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on _ 0 / 23 / 03_ 20 _ _ _ _ , in accordance with the applicable of law.
(Name of Legislative Body)
2. (Passage by local legislative body with approval , no disapproval or repassage after disapproval
by the Elective Chief Executive Officers.)
I hereby certify that the local law annexed hereto, designated as local law No- - - - - - - - - - - _ . . . . . . . . . . . . . . . . . . . _ . . . . of 20_ _ _ _ _ _
of the ( Couniy "City)(Town) (v'il ;age) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - was duly passed by the
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - 20 _ _ _ , and was (approved)(not approved)(repassed after
-(Name o/Legislative Body)
disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - _ - - - - - - - - - - - - - - - - - - - - - - - - - - and was deemed duly adopted on _ _ _ _ _ _ _ _ _ _ _ 20
- -(E
(Elective Chief Executive Officer 0) ,
in accordance with the applicable provisions of law.
30 (Final adoption by referendum .)
I hereby certify that the local law annexed hereto, designated as local law No. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ _ _ _ _
of the (County)(City ) (Town) (Village) of _ _ _ _ - - - - - - - - - - - - - - - _ _ _ _ _ _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ . . . . . . was duly passed by the
- - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - _ - - - 20_ _ _ _ , and was (approved)(not approved)(repassed after
(Name of Legislative Body)
disapproval) by the - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on- - - - - -
- - - - - - - - 20- _ _ _ . Such local law was sub
(Elective Chit/ E+ccutivr Officer•) muted
to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative vote of a majority of
the qualified electors voting thereon at the (genera l)(special)(annual) election held on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20 _ _ _ , in
accordance with the applicable provisions of law.
4 . (Subject to permissive referendum and final adoption because no valid petition was filed requesting
referendum .)
hereby certify that the local law annexed hereto, designated as local law No . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ of 20_ _ _ _ - _
of the ( County)(City )(Town) (Vi11age) of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ - - - _ - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ was duly passed by the
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - on - - - - - - - - - - - - - - - - - -
20_ _ _ _ , and was (approved)(not approved)(repassed
(Name o/ Legislative Body) pp (repassed after
disapproval ) by the _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ on - - - - - - - - - - - - - - - - - - 20 _ _ _ , Such local law was subject to
(Elective Chief Ezecwive officer *) .1
permissive referendum and no valid petition requesting such referendum was filed as of - _ _ - - - - - - - - - - - - - - - 20L - - - , in
accordance with the applicable provisions of law.
Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -
wide basis or, if there be none , the chairperson of the county legislative body, the mayor of a city or village , or
the supervisor of a town where such officer is vested with the power to approve or veto local laws or ordinances .
5 . ( City local law concerning Charter revision proposed by petition .)
1 hereby certify that the local law annexed hereto, designated as local law No . - - - - - - - - - - - - - - - - - - _ _ _ - - - - - - - - _ _ _ of 20- - - - - -
of the City of - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - having been submitted to referendum pursuant to the provisions of
section (36)(37) of the Municipal Home Rule Law, and having received the affirmative vote of a majority of the
qualified electors of such city voting thereon at the (special )(general ) election held on _ _ _ _ _ _ _ _ _ _ 20 _ _ - _
became operative .
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No . - - - - - _ - - - - - - - - - - _ of 20_ _ . _ _ _
of the County of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ State of New York , having been submitted to the electors
at the General Election of November _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 20_ _ _ _ , pursuant to subdivisions 5 and 7 of section 33 of the
Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of the cit-
ies of said county as a unit and a majority of the qualified electors of the towns of said county considered as a unit
voting at said general election , became operative .
(if any other authorized form of final adoption has been followed , please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same
is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner in-
dicated in paragraph . . . _ _L _ _ _ _ _ , above .
Clerk of the County legislative body, City , Town or Village Clerk
or officer designated by local legislative body
(Sea !) Date :
(Certification to be executed by County Attorney, Corporation Counsel , Town Attorney, Village Attorney or
other authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF TOMPKINS
I, the undersigned, hereby certify that the foregoing local laW coltains the correct text and that all proper proceedings
have been had or taken for the enactment of the local law an eL�dhereto.',. --�
Signature
rr
AT`Pq �Y FOR THE TOWN OF ITHACA
Title j
1011nIy
XXW of ITH ACA
Date :
( 3 )
Attachment # 5
in MUTUAL HOUSING ASSOCIATION ®f
TOMPKINS COUNTY
October 8 , 2003
OCT 2 10 2003
Cathy Valentino
Ithaca Town Supervisor ATTEST __ _ _ .
Town of Ithaca ITHACA TOWN CLE9K
215 N . Tioga Street
Ithaca, New York 14850
Dear Supervisor Valentino,
This letter is to inform you that Mutual Housing Association of Tompkins County (MHATC)
respectfully withdraws its application to the Town of Ithaca for a rezoning of the Indian Creek parcel .
After much discussion with you, Town Board Officials, Town Staff and the MHATC Board of Directors
we believe that our mutual goals of providing affordable housing can be accomplished on another more
suitable site.
To this end we have begun negotiations with the land owner of a property that is more appropriate for
multi -residential development . As this project is further developed we will work with you, Town staff
and the Board to ensure that the development meets the needs of the community.
Let me thank you for the time and effort you and the Town have devoted to our proposal and again
emphasize our respect for the commitment that you have shown . Please do not hesitate to call with any
questions or comments .
Sincerely,
Tom Edwards
Executive Director
❑ Development Offlce ❑ management ofjlce
614 West State Street 512 Alice Miller Way
Ithaca, NY 14850 Ithaca, NY 14850
607 697-0092 / (fax) 607 697 0093 607 256 7212
email: admin@mhatc.com (fox) 607 216 0709
ATTACHMENT # 6 6
TOWN OF ITHACA
PLANNING DEPARTMENT MEMORANDUM
TO : TOWN BOARD
FROM : JONATHAN KANTER, DIRECTOR OF PLANNING , )�
RE : OVERLOOK AT WEST HILL : ARIS INVESTMENTS AFFORDABLE
HOUSING PROPOSAL, TRUMANSBURG ROAD
DATE : OCTOBER 16 , 2003
This is a reminder that the Aris Investments proposal for the Overlook at West Hill affordable
housing project is scheduled for follow-up discussion at the October 23rd special Town Board
meeting . The Town Board is being asked to consider rezoning a portion of the Kyong parcel
on Trumansburg Road for the low-moderate income apartment phase of the project, and to
consider referring the proposal to the Planning Board for a recommendation . This
proposal was first discussed at the September 81h Town Board meeting, and Town Board
members subsequently went on a site visit to the subject property.
It appears that the proposal would be a "Type I" action pursuant to the State Environmental
Quality Review Act ( SEQR) and the Town of Ithaca Environmental Review Law, since the
proposal includes the construction of 30 or more residential units and the physical alteration
of 10 or more acres ( Sections V. 2 .b and V . 3 . a. of the Town of Ithaca Environmental Review
Law — Local Law No . 5 , 1988 ) . If the Town Board decides to refer this proposal to the
Planning Board for a recommendation, the Town Board may want to consider requesting that
the Planning Board establish itself as lead agency to coordinate the environmental review for
the proposed project. Actions would include a zoning modification by the Town Board and
subdivision and site plan approval by the Planning Board .
The Overlook at West Hill proposal consists of two phases of residential development,
consisting of 128 affordable rental apartment units in Phase I on a 24 +/- acre portion of the
Kyong site , and 25 lots for single-family, market rate homes in Phase 11 on about 19 acres of
the Kyong property . The Kyong ' s would retain about 5 acres fronting on Trumansburg Road .
The entire site is currently zoned R- 15 Residence and contains 48 +/- acres . The applicant is
requesting consideration of rezoning the 24 +/- acres for affordable rental apartments from R-
15 to MR Multiple Residence . The Comprehensive Plan designates the majority of this site
and adjoining areas along Route 96 as " Suburban Residential" with the westernmost part of
the site shown as "Rural Residential ". No specific changes for this area were recommended
on the Proposed Town of Ithaca Zoning Map (the area was recommended for Medium
Density Residential (MDR) .
Possible Board Actions at Oct. 23rd Meeting *
• Consider referring zoning proposal to Planning Board for recommendation.
• Confirm classification as "Type I " Action pursuant to SEQR, and if Type I,
consider requesting that Planning Board establish itself as Lead Agency to
coordinate the environmental review, if referred .
Representatives of Aris Investments will be present at the October 23rd meeting and will be
available to answer questions from Town Board members . Meanwhile , please feel free to let
me know if you have any questions regarding this matter prior to the meeting .
Att.
cc : Chris Papamichael , Aris Investments
Grace Chiang, HOLT Architects, P . C .
Peter Trowbridge , Trowbridge & Wolf, Landscape Architects
2
10 / 23 / 2003 Town Board Meeting Attachment # 7
SIDEWALK POLICY FOR THE
TOWN OF ITHACA
Draft 10/ 16/03
I . NEWLY DEVELOPED AREAS
A . Subdivisions with internal roads
Considerations :
• Children walk to school
• Current or likely future presence of numerous children in an environment where , in the
absence of a sidewalk, many children can be expected to be present on the road shoulder
• Bus stop within convenient walking distance
• Connected to other sidewalks
• Provide access to trail system or public park
• Safety for pedestrians
If any item applies, then the Planning Board at its discretion may require the developer to include
sidewalks with the development . Maintenance will be the responsibility of the homeowners , or
the resident association unless other arrangements are made .
B . On existing roads
If a new sidewalk would result in a connection to existing sidewalks or sidewalk system planned
by the Town of Ithaca, the Planning Board may require sidewalks as part of the development .
Maintenance will be the responsibility of the homeowners fronting on the sidewalks unless other
arrangements are made .
II . PREVIOUSLY DEVELOPED AREAS
A . Petition for establishment of a sidewalk benefit district
On a positive vote of the owners of at least one half of the assessed valuation of all the taxable
real property in the proposed benefit district. Maintenance will be the responsibility of the
homeowners fronting on the sidewalks unless other arrangements are made .
B . At Town expense
On recommendation of the Planning Board and approval of the Town Board if at least three of
the following conditions apply :
• Within convenient walking distance to school , church or other place of regular
public use ,
• Links existing or probable future sidewalks ,
• Existing or planned road shoulders inadequate for bicycles and pedestrians ,
• Proximate access to public transportation,
• Right of way is sufficient for existing/planned roadway plus sidewalk, or an
easement can be reasonably obtained from adjacent landowner(s) .
• Planned sidewalk does not dead end without reasonable expectation of
extension/connection in foreseeable future ,
• Peak hour traffic volume is at least moderate , defined as 350- 500 vehicles per
hour, and
• Shown as part of a town wide pedestrian circulation system in Town of Ithaca
Transportation Plan.
Maintenance will be the responsibility of the homeowners fronting on the sidewalks , unless other
arrangements are made .
• Examples of Town and County roads with that volume of peak hour traffic
includes Five Mile Drive, Ellis Hollow Rd . , Coddington Rd. (west of Juniper) ,
Judd Falls Rd . , Pine Tree Rd . , and Forest Home Drive .
III . CONSTRUCTION SPECIFICATIONS
Unless other arrangements are approved by the Planning Department, standard sidewalk
construction shall consist of concrete four (4) feet wide . Where conditions apply, and if
supported by owners of at least half the assessed value of real property in the benefit district, a
walkway may be substituted for a sidewalk . Compared with a sidewalk, a walkway will
typically be set further from the road edge and will be more curvy, often being constructed of
asphalt .
Attachment # 8 10 / 23 / 03 Town Board Meeting
❑ 111111 ❑ 11 Town Assigned Project ID Number
Town of Ithaca Environmental Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Located in the Town of Ithaca, Tompkins County, NY ONLY
PART 1 - PROJECT INFORMATION ( To be completed by Applicant or Project Sponsor)
1 . Applicant/Sponsor 2 . Project Name
Adoption of an Interim Sidewalk Policy for the Town of
Town of Ithaca Town Board Ithaca .
3 . Precise location (street address, road intersections, prominent landmarks, etc . or provide map : )
Town-wide
Tax Parcel Number : N/A
4. Is proposed action :
NEW? X EXPANSION ? MODIFICATION/ALTERATION ?
5. Describe project briefly : (Include project purpose, present land use, current and future construction plans, and
other relevant items) :
Adoption of an interim Sidewalk Policy for the Town of Ithaca, which includes specific guidelines for locations and
situations where sidewalks may be required in newly developed areas and previously developed areas . This policy does
not commit the Town to any course of future action, but provides guidelines to be utilized by the Town Board, Planning
Board, and town staff until such time as a town-wide Transportation Plan is completed , which will contain more specific
policies and guidelines for pedestrian and bicycle facilities .
(Attach separate sheet( s) if necessary to adequately describe the proposed project . )
mount of land affected : N/A
tially (0-5yrs) Acres (6- 10yrs) (> 10 yrs) Acres
ow is land zoned presently ? N/A
8. Will proposed action comply with existing zoning or other existing land use restrictions ? N/A
Yes_ NO If no, describe conflict briefly :
9. Will proposed action lead to a request for new :
Public Road ? YES NO X Public Water? YES NO X Public Sewer? YES NO X
10. What is the present land use in the vicinity of the proposed project ? Residential Commercial
Industrial Agriculture Park/Forest/Open Space Other
Please Describe : N/A
11 . Does proposed action involve a permit, approval, or funding, now or ultimately from any other governmental
agency
(Federal, State, Local ?) YES NO_X_
If yes, list agency name and permit/approval/funding :
12 . Does any aspect of the proposed action have a currently valid permit or approval ? YES NO
If yes, list agency name and permit/approval . Also, state whether it will require modification . N/A
1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/Sponsor Name (Print or Type) : Catherine
�JV' alentin�o,, Supervisor, Town of Ithaca
Signature and Date : C'u-� &'LL v Y..z�^" '✓lLitn
PART 11 - ENVIRONMENTAL ASSESSMENT (To be completed by the Town ; Use attachments as necessar )
A. Does proposed action exceed any Type I threshold in 6 NYCRR, Part 617.4 or Town Environmental Local L
YES NO X if yes, coordinate the review process and use the full EAF.
B. Will proposed action receive coordinated review as provided for unlisted actions in 6 NYCRR, Part 617.6
YES NO X If no, a negative declaration may be superseded by another involved agency, if any.
C. Could proposed action result in any adverse effects associated with the following :
( Answers may be handwritten , if legible)
Cl . Existing air quality, surface or groundwater quality, noise levels, existing traffic patterns, solid waste
production and disposal , potential for erosion , drainage or flooding problems? Explain briefly .
None anticipated.
C2 . Aesthetic, agricultural, archaeological, historic , or other natural or cultural resources ? Community or
Neighborhood character? Explain briefly :
None anticipated.
C3 . Vegetation or fauna, fish , shellfish , or wildlife species, significant habitats, unique natural area, wetlands, or
Threatened or endangered species ? Explain briefly :
None anticipated.
C4. The Town ' s existing plans or goals as officially adopted , or a change in use or intensity of use of land or
other Natural resources ? Explain briefly .
None anticipated .
C5. Growth , subsequent development, or related activities likely to be induced by the proposed action ? Explain
briefly :
None anticipated .
C6. Long term, short term , cumulative, or other effects not identified in C1 -05? Explain briefly :
None anticipated .
C7. Other impacts (including changes in use of either quantity or type of energy) Explain briefly :
None anticipated .
D. Is there, or is there likely to be controversy related to potential adverse environmental impacts?
YES NO X_ If yes, explain briefly : See Attached .
E. Comments of staff X , CB., other attached. (Check as applicable.)
PART III - DETERMINATION OF SIGNIFICANCE (To be completed by the Town of Ithaca)
Instructions : For each adverse effect identified above, determine whether it is substantial , large, important, or otherwise significant .
Each effect should be assessed in connection with its (a) setting( i . e . urban or rural) ; (b) probability of occurring; (c) duration ; (d)
irreversibility; (e) geographic scope, and (f) magnitude . If necessary, add attachments or reference supporting material . Ensure that
the explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately address .
Check here if you have identified one or more potentially large or significant adverse impacts which MAY occur.
Then proceed directly to the full EAF and/or prepare a positive declaration .
_X_Check here if you have determined, based on the information and analysis above and any supporting documentation ,
that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on
Attachments as necessary the reasons supporting this determination .
Town of Ithaca Town Board &��
Name of Lead Agency Prepar ' s Signature( I1' different from Responsible Officer)
Catherine Valentino, Supervisor
Name & title of Responsible Officer In Lead Agency Signature of Contributing Preparer
�w� V DATE : October 23 , 2003
Signature of Res onsible Officer in Lead Agency
10 / 23 / 2003 Town Board Meeting
ATTACHMENT # 9
PLANNING BOARD MEMORANDUM
TO : TOWN BOARD MEMBERS
FROM : SUSAN RITTER, ASSISTANT DIRECTOR OF PLANNING , "
DATE : OCTOBER 15 , 2003
RE : ATTACHED RESOLUTION " SUPPORTING GRANT APPLICATION
BY THE TOMPKINS COUNTY STORMWATER GROUP"
Attached is a proposed resolution for Town Board consideration giving support to the
Tompkins County Stormwater Group ' s grant application . The grant, written on behalf of
all MS4s in Tompkins County, would be used to implement elements of the Phase II
Stormwater Management requirements mandated by the EPA . Specifically, the funding
would be used to develop and implement a comprehensive stormwater education and
outreach plan , and to begin mapping stormwater outfalls within the MS4s in Tompkins
County.
The grant request is for $ 100 , 000 , and requires a 50- 50 local match. The match will
come largely from in-kind services , specifically the City of Ithaca will be providing GIS
mapping services , and Cooperative Extension and others will be providing services for
the educational components . I spoke with Kate Hackett of the Tompkins County
Planning Department and Craig Schutt from Tompkins County Soil and Water Service ,
and both stated that the Town of Ithaca would not be asked to contribute any funds or
services for this grant .