HomeMy WebLinkAboutTB Minutes 2017-09-25 Study Session of the Ithaca Town Board
Monday, September 25, 2017
1. Discuss water supply to Varna and future development and the possible transfer of
ownership of the Apple Orchard Control Valve to the Town of Dryden to accommodate
same
2. Continue discussion regarding the draft legislation of owner occupancy requirements for
new two-family units and new accessory dwelling units and the establishment of a Rental
Operating Permit Program
3. Continue discussion regarding a possible PILOT agreement with Ithaca Townhomes
4. Discuss and consider authorization for the Supervisor to sign an agreement with the City of Ithaca
for the Town's portion of the Hector Street sidewalk project
5. Discuss and consider authorization to submit the Ellis Hollow Water Tank project to the State
Comptroller
6. Committee Reports
a. Planning Committee
b. Public Works Committee
c. Personnel and Organization
d. Sidewalk Committee
e. Short Term Rental Committee
7. Consent Agenda
a. Town Board minutes
b. Town of Ithaca Abstract
c. It Surplus Items
8. Adjourn
Study Session of the Ithaca Town Board
Monday, September 25, 2017
Board Members Present: Bill Goodman, Supervisor;Rod Howe,Deputy Town Supervisor; Pat Leary
(Video Conf), Tee-Ann Hunter,Eric Levine,Rich DePaolo, and Pamela Bleiwas
Staff Present: Susan Ritter,Director of Planning,Bruce Bates,Director of Code Enforcement;Mike
Solvig,Director of Finance; Paulette Rosa, Town Clerk; Jim Weber, Highway Superintendent and Susan
Brock, Attorney for the Town
Meeting called to order at 4:37 p.m.
1. Discuss water supply to Varna and future development and the possible transfer of
ownership of the Apple Orchard Control Valve to the Town of Dryden to
accommodate same
Mr. Weber explained that the proposed Dryden developments in Varna were not factored in to
our supply and infrastructure and the Town of Dryden would like to take ownership of the
control valve and be responsible for maintenance and upkeep to allow for that development. The
Town of Ithaca only has about five customers on that valve and they are all Cornell. We would
not be compromising our services.
Mr. Howe added that the Public Works Committee was in favor of allowing this transfer.
Ms. Bleiwas asked about the actual land in the area and whether this transfer would encourage
more development in our town and Mr. Weber responded that the land is owned by the college
and controlled by the State and development would be extremely unlikely.
The Board was comfortable moving forward with the transfer.
2. Continue discussion regarding the draft legislation of owner occupancy
requirements for new two-family units and new accessory dwelling units and the
establishment of a Rental Operating Permit Program
Mr. DePaolo updated that board on meetings since the regular meeting to continue work on the
legislation. The focus of the changes were establishing timelines and reconciling references
throughout the Code and effects of certain aspects of the new legislation on other things such as,
for example, lot coverage.
There are an estimated 1,200 rental units in the town and using that for a base,the holder is
triennial and then how to space them out so the work is spread out.
Ms. Hunter asked what is meant by decommissioning a kitchen and Mr. Bates responded that a
separate kitchen and bath is what constitutes an ADU. Ms. Hunter thought it was interesting and
what would happen if you are not collecting rent but allowing your son to live there? Why can't
you come to Town Hall and say you are not renting it and not have to decommission it?
TB 2017-09-25 Pg. 1
Mr. Bates responded that unfortunately it is big-brotherism and we can't trust people to do what
is right. Once you have a kitchen, bathroom and a place to sleep, that is a secondary dwelling
unit. He didn't know of another way to define an ADU.
Mr. DePaolo responded that you either have the ADU or you don't and we are asking that you
maintain a permit that enables you to rent that rentable unit and as long as it is available to rent it
is on the rolls or record as an ADU. Everyone could say they aren't renting their ADU and how
could that be tracked? He added that the removal of a kitchen has been in the Code for a long
time.
Mr. DePaolo added that Ithaca College keeps a database of student addresses and gave that to the
City and the Town recently and the number of ADUs far out paces the number and occupancy
levels allowed even under current laws.
The difficulties of rolling the Operating Permit Program out were discussed. The board decided
on a five year term for operating permits and will continue to think of ways to spread them out.
The hope is that everyone will not wait for the last minute to file for the operating permit and
then sales and building permits will also stretch issue dates out. Staggering of years or other
ways to spread out the inspections and re-inspections will have to be thought out. If the Board
decided on requiring a new OP when a property sold may help stagger after a time and then
fixing any safety issues found may also help spread them out in time.
Discussion turned to outreach and comments so far and the Board was interested in having an
open meeting to answer questions and have some back and forth. Ms. Rosa explained what lists
and such she has used to get the word out but there are always some you are going to miss unless
they proactively have signed up for the newsletter. (See public comments in Attachment#1)
Mr. Goodman thanked Mr. DePaolo and all the members of the Planning Committee and staff
who have worked hard on this legislation.
3. Continue discussion regarding a possible PILOT agreement with Ithaca
Townhomes
Mr. Goodman noted that Mr. Solvig had made a chart of real costs of existing PILOTS and the
draft was sent out Friday(See Attachment#2).
Discussion followed with the Board focusing on whether there is a cut off after the amount
needed for the change in heating was met as well as whether a PILOT should be granted at all.
Lengthy discussion on whether the granting or not granting of a PILOT will kill the project. The
developers were not asking for a PILOT until the Planning Board required a change in heating
type and this is essentially another subsidy. Although heat pumps are green,there is nothing
saying they have to buy the electricity from green sources.
TB 2017-09-25 Pg. 2
Mr. Goodman will ask Mr. Franklin at Tompkins County Assessment for a ballpark figure to
show what numbers would be used and the real costs.
Mr. Goodman stated that he would be willing to grant a PILOT simply for the affordable housing
aspect and the added incentive of green utilities makes it more attractive. Using the numbers for
the existing PILOTS, an estimate based on $100M would mean we are losing$16K a year.
Ms. Leary thought the affordable housing alone was worth it and the renewable energy just
makes it that much more attractive and just because they are a corporation should not exclude
them from getting a PILOT. She felt we should put our money where our mouths are and give
them their tax break.
Mr. DePaolo responded that there are a lot of people doing a lot of good things and where do you
draw the line? Why is this any different than anybody else?
Ms. Leary responded this is the mechanism to ask for a PILOT and we grant them for things we
feel are important to which Mr. DePaolo responded we do that by raising taxes on everybody
else to offset that break.
Ms. Leary responded that this is what is done with any expenditure and it is a matter of priorities
such as when we set aside money for Open Space and Mr. DePaolo responded that those open
spaces are available to everyone in Ithaca and more and these dwellings will not be.
Ms. Bleiwas stated that she was torn because she was wary of this business model but it is a
useful tool to try and get other things that we want in the project.
Mr. Howe was in favor of getting more information.
Mr. DePaolo called out a few of the number"place holders" and the fact that they have been
changed from the original draft and most seem to be in the developer's favor but should be
negotiable.
Mr. Goodman stated he would draft a resolution with the commitment to purchasing renewable
energy and Mr. DePaolo wanted a cap on the amount not to exceed the additional cost of the heat
pumps. Mr. Goodman wanted to limit it by year but Mr. DePaolo noted that the other taxing
agencies that will be losing money from this PILOT should be factored in to that ceiling amount
of$300K.
The Board continued to discuss the details of the draft PILOT and how the rents are calculated.
Some Board members were not concerned about the heat pumps being a factor and were in favor
of the PILOT based simply on affordability. Mr. Goodman will ask Mr. Dir,the developer, and
Mr. Franklin to come to the meeting in October to answer any questions; he asked for questions
ahead of time so they could be prepared. Mr. DePaolo wanted a reasonable real cost estimate
given this would be binding on the School District and the County's tax base.
TB 2017-09-25 Pg. 3
4. PULLED Discuss and consider authorization for the Supervisor to sign an agreement
with the City of Ithaca for the Town's portion of the Hector Street sidewalk project
5. Discuss and consider authorization to submit the Ellis Hollow Water Tank project
to the State Comptroller
TB Resolution 2017 - 115: Authorizinu submission of the application to New York State
Comptroller for the Town of Ithaca Ellis Hollow Water Main and Tank Installation Water
Improvement and Water Improvement Area
Whereas, on August 7, 2017, the Town Board approved a Public Interest Order
establishing and authorizing the Town of Ithaca Ellis Hollow Road Water Main and Tank
Installation Water Improvement and Area, and
Whereas,the permission of the New York State Comptroller is required for this project
because its estimated expense exceeds one-tenth of one percent of the full valuation of the
taxable real property in the area of the Town outside of the Village of Cayuga Heights, and
Whereas,the regulations governing submittals to the New York State Comptroller for
permission for such projects require the Town Board to make certain determinations about the
submittal and project; now therefore be it
Resolved,that the governing Town Board of the Town of Ithaca does hereby make the
following determinations:
1. The application was prepared at the direction of the Town Board.
2. The Town Board believes the contents of the application are accurate.
3. The Town Board has determined that the improvement and expenditure for which
permission is sought is in the public interest and will not constitute an undue burden
on the property which will bear the cost thereof.
4. The cost of the proposed improvements will be assessed against a benefited area, all
real property to be so assessed will be benefited by the proposed improvements, and
no benefited property has been excluded.
Moved: Rod Howe Seconded: Tee-Ann Hunter
Vote: Ayes— Howe, Hunter, Leary, Goodman, Levine, Bleiwas and DePaolo
6. Committee Reports
a. Planning Committee—Mr. DePaolo stated that the topics have been discussed
already tonight. Continue to work on the draft legislation.
TB 2017-09-25 Pg. 4
b. Public Works Committee—Mr. Howe reported that they discussed the Park
Maintenance Manager job description; TC Consolidated Services proposal
regarding LED street lights and Nick Goldsmith will be putting together numbers;
TCAT request for bus stop locations and signs where they provide the signs but
the town permits them and installs them; heard feedback on the Michigan Hill
Park meeting.
c. Personnel and Organization—Ms. Bleiwas reported that the IT SOP continues
following the audit; discussed the Park Maintenance Manager position also and
recommended the 2018 Personnel Budget of roughly 2% increase.
d. Budget Committee—Mr. Levine reported that we have collected approximately
106.2%more sales tax than last year. Mr. Solvig distributed the tentative budget
binders and Mr. Levine stated that the average house of$190K outside of the
village will go up about $3 from $1,400 to $1,403. Mr. Solvig asked members to
ask questions ahead of time if numbers need to be looked at.
e. Sidewalk Committee—Mr. Goodman reported that they met with Ms. Brock and
the town can create sidewalk districts for each hill, or a townwide district and in
discussions with Ms. Brock, the separate districts seem to be the way we are
leaning. We would be able to charge the fees on the ad valorum bases as opposed
to a frontage basis. He added that this made him think about park districts to raise
money for our park system and shift that out of our property tax and it is a way to
get more support from our non-profits for things they and their customers use.
f. Short Term Rental Committee—Mr. DePaolo reported that they did have Mr.
Knipe from the county come in and talked about how we could enforce anything
we do; complaint driven or a third party culling information from various sources.
The working parameters are to meet peak demand by allowing a certain number
of days per year and unhosted rentals would be regulated more heavily than
hosted-rentals under the assumption that the direct oversight is self-regulating of
some behaviors that are the issue now. Buying single-family homes for STR
takes housing stock and thinking of a minimum number of days and other ways to
approach this balance.
7. Consent Agenda
TB Resolution 2017- 116: Adopt Consent Auenda
Resolved, that the Town Board of the Town of Ithaca hereby approves and/or adopts the
following Consent Agenda items:
a. Approval of Town Board Minutes
b. Town of Ithaca Abstract
c. Declaration of Surplus Equipment
TB 2017-09-25 Pg. 5
Moved: Eric Levine Seconded: Pamela Bleiwas
Vote: Ayes— Howe, Hunter, Leary, Goodman, Levine, Bleiwas and DePaolo
TB Resolution 2017- 116a: Approval of Town Board Minutes of September 11, 2017
Resolved, that the Town Board hereby approves the submitted minutes, with any
corrections, as the final minutes of the meeting on September 11, 2017 of the Town Board of the
Town of Ithaca
TB Resolution 2017 - 116b: Town of Ithaca Abstract
Whereas the following numbered vouchers have been presented to the Ithaca Town
Board for approval of payment; and
Whereas the said vouchers have been audited for payment by the said Town Board; now
therefore be it
Resolved that the governing Town Board hereby authorizes the payment of the said
vouchers in total for the amounts indicated.
VOUCHER NOS. 1208 - 1258
General Fund Townwide 50,187.74
General Fund Part-Town 852.27
Highway Fund Part-Town 4,545.56
Water Fund 976.71
Sewer Fund 109,910.92
Hanshaw Road Walkway—H4 32,157.23
Risk Retention Fund 241.00
TOTAL 198,871.43
TB Resolution 2017 - 116c: Declaration of Surplus Computers and Computer Equipment
and authorization to dispose of same
Whereas, the Town of Ithaca maintains an inventory of computers and equipment used by
Town staff to conduct the daily business of the Town; and
Whereas, staff has determined the estimated return from a public sale or donation,
pursuant to the provisions of General Municipal Law Sec. 104-c, of said equipment would be
less than the associated costs;
MODEL SERIAL YEAR
MAKE NUMBER PURCHASED
Computers
HP HP Compaq 6000 MXL0290GGJ 2010
Panasonic Toughbook CF-19 cf-19KHRAX213 2010
TB 2017-09-25 Pg. 6
HP EliteBook 8460p BCAE8104133C610K 2012
Dell M6400 CN-OD138P-48643-
98CO298-AOO
Dell OPTIPLEX 7010 51W4TW1 2012
Panasonic Toughbook cf-19 Cf-913KSA51440 2012
Dell Precision M6400 405-482-054-5 2012
Panasonic Toughbook cf-19 cf-19KHRAXAM 2013
Dell Latitude D630 151-061-778-37 2013
HP Compaq 6000 MXL0290GGJ 200
Acer Veriton Desktop DTVCXAA001230060 2013
979201
Monitors
HP Compaq LA1905wg CNCO0115PD 2010
Acer AL1714 ETL180910251701800 2012
PQ33
HP Compaq LA2405wg CN4049ON6P 2012
Acer ETL240B13545099140 2014
AU511 Monitor RH15
HP Compaq TFT1501 CN246713777 2010
HP TFT1501 CN246713776 2010
Dell 1707FPF CN-OCJ167-72872- 2010
6AP-lUFU
Viewsonic VE 170 VLCDS22034-1 2010
HP 1745 CNK820OLLN 2011
HP HP 1530 CNP332132S1 2010
Server HP G5 USE91ON2H5 2003
Printer
HP Laser Jet P1102W CNBK318700 2011
Fax HP 1050 Fax machine CN776AN6F4 2003
Other
Tablet Motorola TA31001AJ7 2013
Tablet Samsung Galaxy Tab 2 9900044228464824 2013
Tablet Samsung Galaxy Tab 2 9900044228465599 2013
Cisco (3) 2.4GHz 802.11g SER162000M3, 2011
Wireless-G Access Point YP&MD
Verizon Casio GzOne flip phones (three phones ) 2011
Palm Tungsten T3 PDA 0OV5A8R32T3M 2004
Camera Pentax IQZoomEZY 6006952 2001
Camera Olympus D-520ZOOM 108358470 2004
Speakers Altec Lansing ACS545B FMWO018052 1997
Speakers Creative Speakers SBs20 1998
Speakers Optimus 01A00 ZA01041828 2007
TB 2017-09-25 Pg. 7
Power Adapters Lind Auto Adapter 1114 PA1650-1253 FI&FJ 2012
Laminator Fellowes Cosmic2 14113VC0015694 1999
DVD Player Magnavox DVD ?
MWD7006 U51608958
Cassette recorder RCA TJP1400 4045H5115 ?
Accessories Cables (power,printer, ?
USB)
Mice/Keyboards
E
Chares/Cases
now therefore be it
Resolved, that the Town Board declares the equipment identified above surplus, obsolete,
and no longer needed by the Town; and be it further
Resolved, that the Town Board finds that the transfer of computer software installed on
said equipment would not cause a breach of a software license agreements or an infringement of
copyrights hereby directs Town staff to discard and dispose of said equipment.
Executive Session
Mr. Goodman moved to enter Executive Session to discuss the employment history of a
particular person; seconded by Mr. Howe; unanimous. 6:27 p.m.
Mr. Goodman moved to return to open session; Ms. Bleiwas seconded; unanimous. 7:01 p.m.
Adjournment
Mr. Howe moved to adjourn the meeting at 7:03 p.m.; seconded by Mr. DePaolo. Unanimous
VSubmid.,
Paulette Rosa,Town Clerk
TB 2017-09-25 Pg. 8
APPadirne,nV 42
TOWN OF ITHACA
PILOT Agreements
2016 Tax Year
Taxing Purpose Tax Rate/ Tax Due at Full Tax Collected at PILOT Loss from PILOT
$1,000 A.V. Assessed Value Assessed Value Agreement Agreement
1) Ithaca College-College Circle Apartments Tax Map#43-1-2.2
- Assessed Value: $33,300,000
- General Fund Tax 1.9034 $ 63,381.79 $ $ 33,424.00 $ (29,957.79)
- Highway Fund Tax 1.5388 51,243.54 - (51,243.54)
- Fire Protection Tax 3.3972 113,125.63 113,125.63 -
TOTAL-Town of Ithaca $ 227,750.95 $ 113,125.63 $ 33,424.00 $ (81,201.33)
2) Conifer Realty-Ellis Hollow Apartments Tax Map#62-2-1.124
Assessed Value: $ 3,600,000
General Fund Tax 1.9034 $ 6,852.09 $ - $ 5,888.09 $ (964.00)
Highway Fund Tax 1.5388 5,539.84 - - (5,539.84)
Fire Protection Tax 3.3972 12,229.80 12,229.80 -
TOTAL-Town of Ithaca $ 24,621.72 $ 12,229.80 $ 5,888.09 $ (6,503.84)
3) Conifer Realty-Conifer Village Ithaca Tax Map#27-1-13.121
- Assessed Value: $ 2,330,000
- General Fund Tax 1.9034 $ 4,434.82 $ - $ 4,426.14 $ (8.68)
- Highway Fund Tax 1.5388 3,565.51 - (3,585.51)
- Fire Protection Tax 3.3972 7,915.40 7,915.40 -
TOTAL-Town of Ithaca $ 15,935.73 $ 7,915.40 $ 4,426.14 $ (3,594.19)
4) Mitchell Ventures LLC-Ithaca Beer Tax Map#33-3-2.10
- Assessed Value: $ 1,500,000
- General Fund Tax 1.9034 $ 2,855.04 $ - $ 1,503.09 $ (1,351.95)
- Highway Fund Tax 1.5388 2,308.27 - - (2,308.27)
- Fire Protection Tax 3.3972 5,095.75 5,095.75 -
ToTAL-Town of Ithaca $ 10,259.05 $ 5,095.75 $ 1,503.09 $ (3,660.21)
TOWN OF ITHACA
PILOT Agreements
2017 Tax Year
Taxing Purpose Tax Rate/ Tax Due at Full Tax Collected at PILOT Loss from PILOT
$1,000 A.V. Assessed Value Assessed Value Agreement Agreement
1) Ithaca College-College Circle Apartments Tax Map#43-1-2.2
- Assessed Value: $33,300,000
- General Fund Tax 2.1649 $ 72,091.17 $ $ 33,424.00 $ (38,667.17)
- Highway Fund Tax 1.2451 41,461.83 - (41,461.83)
- Fire Protection Tax 3.2489 108,186.77 108,186.77 -
TOTAL-Town of Ithaca $ 221,739.77 $ 108,186.77 $ 33,424.00 $ (80,129.00)
2) Conifer Realty- Ellis Hollow Apartments Tax Map#62-2-1.124
- Assessed Value: $ 3,500,000
- General Fund Tax 2.1649 $ 7,577.15 $ - $ 7,300.70 $ (276.45)
- Highway Fund Tax 1.2451 4,357.85 - (4,357.85)
- Fire Protection Tax 3.2489 11,370.98 11,370.98 -
TOTAL-Town of Ithaca $ 23,305.98 $ 11,370.98 $ 7,300.70 $ (4,634.30)
3) Conifer Realty-Conifer Village Ithaca Tax Map#27-1-13.121
- Assessed Value: $ 2,550,000
- General Fund Tax 2.1649 $ 5,520.50 $ - $ 5,337.32 $ (183.18)
- Highway Fund Tax 1.2451 3,175.01 - (3,175.01)
- Fire Protection Tax 3.2489 8,284.57 8,284.57 -
TOTAL-Town of Ithaca $ 16,980.07 $ 8,284.57 $ 5,337.32 $ (3,358.18)
4) Mitchell Ventures LLC- Ithaca Beer Tax Map#33-3-2.10
- Assessed Value: $ 4,000,000
- General Fund Tax 2.1649 $ 8,659.60 $ - $ 2,615.02 $ (6,044.58)
- Highway Fund Tax 1.2451 4,980.40 - - (4,980.40)
- Fire Protection Tax 3.2489 12,995.41 12,995.41 -
TOTAL-Town of Ithaca $ 26,635.41 $ 12,995.41 $ 2,615.02 $ (11,024.98)
NPact rne: iV 41
Paulette Rosa
Subject: FW: Public Outreach - Town of Ithaca Legislation regarding 2-family units and Rental
Operating Permits
From: Richard Ballantyne (mailto:richardballantyne@gmail.com]
Sent: Friday, September 15, 2017 2:18 PM
To: Paulette Rosa
Subject: Re: Public Outreach - Town of Ithaca Legislation regarding 2-family units and Rental Operating Permits
Also, I am extremely opposed to Proposed Legislation #2: The Rental
Registry. I do not believe it is the role of government to ensure that
dwellings "meet basic health, safety, and occupancy standards". If tenants
are not comfortable with their living situation, then they should just wait
for their lease to expire and then MOVE. Tenants are also free to only
sign leases that force landlords to maintain "basic health, safety, and
occupancy standards". If landlords due not adhere to the terms of their
own lease, then the tenants could sue them. Bottom line: the free market
is sufficient to ensure that renters find housing that meets their needs.
On Fri, Sep 15, 2017 at 2:01 PM, Richard Ballantyne <richardballantyne c,amail.com>wrote:
Hi Paulette,
Please forward this to the Town of Ithaca legislators.
I am a lifelong Ithaca resident. I own a duplex -- 2 family home -- near
Winston Court. I am opposed to any laws that restrict property owners
except for regulations which:
1) Limit harmful air pollution (woodstoves should be permitted however)
2) Limit noxious odors that persist for long periods of time (weeks) that
could blow onto neighboring properties.
3) Prevent significant quantities of toxic waste from contaminating the
ground and groundwater.
4) Restrict the amplitude and duration of very loud sounds that may scare
away songbirds and annoy humans.
t
5) Discourage the reproduction of pests including mice, woodchucks,
raccoons, skunks, opossum, deer, chipmunks, rats, and certain insects such
as like mosquitoes and hornets.
6) Discourage the propagation of invasive species
7) Prevent modifications to surface water drainage that could negatively
impact neighbors and increase the likelihood of flood damage or standing
water.
8) Prevent neighbors from launching projectiles over your property
without your permission including but not limited to: large caliber high
velocity bullets, high velocity arrows, stones, and camera/microphone
equipped drones (any velocity).
Thus I am opposed to the proposed legislation that places a moratorium
on construction projects that would prevent a property owner from
converting his or her home from a single-family to a multi-family
residence.
Furthermore, I am opposed to any regulations that force property
owners to modify their property to appear a certain way for aesthetic
purposes only. Unsightly things such as peeling paint, sagging roofs, tall
grass, overgrown bushes, junk cars, and large numbers of cars parked in a
person's driveway should all be permitted. Also, RVs, RV hookups, ham
radio towers, large satellite receiver dishes, etc should all be allowed. I
also think there should be no limit to the number of cars that homeowners
are allowed to park on the street, so long as they do not have any
significant impact on traffic, create road hazards, or prevent snowplows
from clearing clear away snow. Open burning should also be allowed year
round so long as the neighbors don't complain about the smoke, and there
is no significant risk of fire spreading.
I appreciate that you have requested feedback on this matter from Town of
Ithaca residents.
Sincerely,
z
Richard Ballantyne
3
Subject: FW: Public Outreach - Town of Ithaca Legislation regarding 2-family units and Rental
Operating Permits
From:john carberry <iohncarberrynhotrnail.com>
Date: September 16,2017 at 8:41:00 AM EDT
To: Paulette Rosa<PRosa a town.ithaca.ny.us>
Subject: Re: Public Outreach - Town of Ithaca Legislation regarding 2-family units and
Rental Operating Permits
Ms. Rosa,
Thank you for reaching out on this. As a town resident and property owner, I very much
appreciate that gesture.
I also believe the proposal seems measured and reasonable. My compliments to the authors for
carefully addressing a clear need.
Best,
John Carberry
......_ ......... ......... ........_ ......... ......... ........_ ......... ......... ........_ ........_
1
From: Travis Cleveland
To: Bill Goodman; Paulette Rosa
Subject: Fwd: New Laws
Date: Monday,September 11,2017 9:47:43 PM
Hello,
Here is the last email I sent when these new regulations on single family housing were getting
started. You, the Town board, are ruining the affordability of housing and quality of life in the
Town of Ithaca for property owners. Fix the current legislation before adding on more. You
have lost the war on student housing, focus on simplifying occupancy(4 bedroom legal=4
bedroom rental, make 2 family housing actual 2 family housing. Not a single family with an
800sq. ft apartment....In a medium/high density zone you can build a row of town houses, but
not a side by side duplex....It's ridiculous!
See you at the next round....People v Town.
---------- Forwarded message ----------
From: Travis Cleveland <birdseveviewllcL&gmail.com>
Date: Fri, Jun 16, 2017 at 11:16 AM
Subject: New Laws
To: Bill Goodman <BGoodman cr.town.ithaca.nv.us>
Dear Bill,
I am compelled to write you concerning the new draft laws on single family housing. Due to
poor notification,(nobody reads the journal) Myself and others recently heard about them. We
are sick over the Towns invasion of privacy, and landowner rights that are being violated. 5
people pushing this legislation through the boards! These laws are making criminals out of
honest local people, but instead of me complaining to you, can you answer these few
questions?
1. Why!? Why are these laws being put in place? The Towns responsibility is Health and
Safety. Single family Private homes are not the responsibility of the Town of Ithaca. Why is
there a registry,inspections, occupancy inspections? All money motivated!? The tax
department has the information.
2. What did the Town learn from the moratorium on 2 family residences? I'd like to see the
report. I'd bet they learned nothing.
3. Why is it only legal to rent to 2 unrelated or a family in a 3 or 4 bedroom legal house? What
if a family has 10 children,is it illegal to live in a home? What about Frat houses?
4.Are current single family rentals grandfathered if these laws goes into effect?
We are not talking high rises that affect 500 people, these new town laws are attacking local
town people. The people in this town can not stand to deal with your building department, and
believe me I've had my fill! That is why I copy you on any interaction I have. Making you
aware of what we go through,hoping you would make some changes. Of course now the Town
is creating a dictatorship out of the same department. It's got to stop!
I do appreciate your attention on my subdivision with the moratorium. I'm just a laid off
factory worker that took a chance, and that would of broke me if the subdivision was included!
Of course I made no money due to the changes the Town kept making me make.....but that's
history.
This is why I'm writing you, the Town Supervisor. I see what happens from the ground up. I
believe you to have an open mind, and will do what is right.
If these new restrictions go into force, I feel bad for the building department employees, the
town attorney, and probably the sheriffl It is going to get ugly when Code enforcement comes
knocking on peoples rights.
So to conclude, myself and many others ask you please,put a stop to the legislation attack on
single family owned property owners. This is the 2nd year in a row we have had to fight for
our landowner rights. People are not trying to break the laws, but it is getting very difficult,
and there is no good reason for it.
Life in Ithaca should not be the People v. "The Town" whenever there is progress, but it sure
feels like it more and more.
Thank you for time and please do what is right!
`lirrcerelr..
@'rar is 4 Ievelxl(l
Bir(ls Fye Vicrn Properties, LLC
Sincerely,
Travis Cleveland
Birds-Eye View Properties, LLC.
From: Diane K. Conneman
To: Paulette Rosa
Subject: Proposed ADU regulations
Date: Monday,September 11,2017 6:03:40 PM
Dear Paulette,
I have reviewed the information sent and agree that there is a need to revise the ADU regulations. I
also sighed and thought that I was glad I am not longer on the Codes and Ordinances Committee. It
is not an EASY JOB.
As I understand it, there will not be permitting for units that are already in use. I would like to see
that all rental units in Residential Areas at least be regularly inspected. I think that there are units
on Honness lane which do not meet standards either in health and safety plus number of residents.
The other question I would raise is the logic behind allowing ADU's to be stand-alone buildings. If
they are limited size, why can't they be attached and leave more open space.
Sorry I cannot attend tonight's meeting.
Diane Conneman
250 Strawberry Hill Circle 42
Subject: FW: Public Outreach - Town of Ithaca Legislation regarding 2-family units and Rental
Operating Permits
From: Steve Desmond<steve a stevedesmond.ca>
Date: September 16,2017 at 1:49:20 PM EDT
To: Paulette Rosa<PRosa a town.ithaca.ny.us>
Cc: Susan Ritter <SRitter a town.ithaca.ny.us>, Bruce Bates <BBates a town.ithac�
Subject: Re: Public Outreach - Town of Ithaca Legislation regarding 2-family units and Rental
Operating Permits
Hi Paulette,
Thanks for reaching out--unfortunately I won't be able to make the public hearing on Oct 16,
but was hoping to still voice my thoughts:
Overall, I am in favor of both pieces of legislation. I can definitely see both sides of the
argument,for and against ADUs. While I understand concerns over shifting neighborhood
demographics, specifically towards more off-campus student housing where there was none
previously, at least here in Northeast Ithaca I don't think that would attract the type of
problematic situations fueling those concerns-- maybe closer to campus that may be an issue
worth considering more how to prevent/avoid, though I think the sgft and single-family limits
will help that. Plus, more housing will hopefully help bring down local housing costs!
As for the operating permits, I definitely think it will help promote higher quality living spaces
and landlord interactions. I do not have any substantive comments on the specific legislation
details.
Thanks again-- let me know if you have any further questions!
Regards,
Steve Desmond
115 Christopher Circle
t
Subject: FW: Proposed ADU Rules and Operating Permits for Rental Units
From: Dave Herrick<dherrick@twcny.rr.com>
Date:September 16, 2017 at 12:29:26 AM EDT
To: Paulette Rosa <PRosa @town.ithaca.ny.us>
Cc: Bruce Bates<BBates@town.ithaca.ny.us>
Subject: Proposed ADU Rules and Operating Permits for Rental Units
Dear Ms. Rosa,
I've learned that the Town is considering legislation related to accessary dwelling units and an operating
permit program for rental units. As an owner of a two-family duplex at 1 Winner's Circle, I am requesting
that the Town's Code Enforcement Officer evaluate both pieces of proposed legislation relative to the
clustered subdivision approval granted by the Town (circa 1988) for the Winner's Circle Subdivision. I
would appreciate a formal written finding prior to the Public Hearing on October 16, 2017. Please let me
know if this request is unreasonable. Thank you very much for this consideration.
David A. Herrick
1 Winner's Circle
Ithaca, NY 14850
(607)277-1414 (h)
(607)272-6477 (b)
1
Subject: FW:Town of Ithaca Legislation regarding 2-family units and Rental Operating Permits
From: Jim& Sue Hosek<ishoseka,gmail.com>
Date: September 16,2017 at 4:55:39 PM EDT
To: Paulette Rosa<PRosa a town.ithaca.ny.us>
Subject: Town of Ithaca Legislation regarding 2-family units and Rental Operating Permits
I'm writing to support this legislation as summarized in the memo I
received by email. I grew up on Pine Tree Rd. After retiring, my husband
and I bought a second home in Belle Sherman Cottages and we spend almost
half the year in Ithaca. The two houses next to ours and several of the
town houses across the street are rented to students. Our primary home
in Los Angeles is less than a mile from the University of California Los
Angeles campus so we're comfortable living adjacent to student housing
areas. Working closely with local neighborhood associations, UCLA has
expanded the number of students living on or next to its campus without
altering in any way the neighborhoods. As a Cornell alum, I support the
university's efforts to improve student housing and I appreciate ongoing
plans to concentrate off-campus student housing near campus.
My daughter lives in the neighborhood next to Oklahoma State University,
an established neighborhood that was rapidly deteriorating into a
student ghetto- complete with beer bottles after weekend parties,
vehicles parked on lawns, etc. The city has taken action to curtail the
negative effects of student rentals but it would have been better to
done so earlier. I'm glad to see the Town of Ithaca propose what seems
to be reasonable legislation to ensure proper use of 2-family units and
periodic inspection of rentals.
Susan Hosek
120 Walnut St.
t
From: Norma Jayne
To: Paulette Rosa
Subject: RE:Town of Ithaca Local Law Comments- Planning Committee Meeting
Date: Friday,September 22,2017 10:57:31 AM
Hi Paulette,
Congratulations on the new baby!
As for the meeting. There was no sign on the doors, but that is good to know that I can walk
into the employee entrance.
I certainly understand the issue about the closets/storage rooms being used for rentals and why
the Town is interested in preventing that, but isn't it currently handled on a case by case basis?
The inspection requirement is certainly more understandable than limiting development in all
areas, except those zoned high density. It seems that limiting the entire Town of Ithaca's
development to fix issues that residents are having with student apartments is not the answer.
I also agree with you that transportation issues need to be resolved in the County so that
development in other municipalities can take place.
I will share the Comprehensive Plan with our membership.
Do you think that a few of our Government Affairs folks could meet with Town
representatives to ask some questions about the plan?
Thanks again!
Norma Jayne, RCE
Executive Officer
Ithaca Board of REALTORS@
957 Mitchell Street
Ithaca NY 14850
PHONE: 607-257-1001 E-MAIL: norma&ithacarealtors.com
From: Paulette Rosa [mailto:PRosa@town.Ithaca.ny.us]
Sent: Friday, September 22, 2017 10:05 AM
To: Norma Jayne
Subject: RE: Town of Ithaca Local Law Comments - Planning Committee Meeting
HI Norma,
I am good. Ben just had a baby girl Weds. O
Planning Committee meetings are held in the back room after hours so the back door is left
unlocked. All committee level meetings are In the back room and you enter through the back door.
I honestly thought they put signs on the front doors saying that but I don't do that committee...
I will forward your comments/questions to the board.
There will be a public hearing October 16th also.
The town Is very focused on affordable housing. Overlook, Cinndermann, Holly Creek and Ellis
Hollow are and were subsidized by town residents through board actions and Ithaca Townhomes Is
working through the process now. All have affordability requirements. And of course there Is
Maplewood which should help bring rents down.
The operating permit I believe Is every 5 years. There Is no way to track whether an ADU Is rented or
not but there Is a way to make sure If It Is, It Is safe and to code. We get many, many calls about
closets/storage rooms and basements with no windows being rented as bedrooms.
The Town Is enacting Form Based zoning In the next few years to encourage mixed use etc. We have
been working on the Comp Plan and the new zoning for years and have Identified nodes and housing
development areas.
I believe our Comp Plan Is on the website.
Other municipalities need to do their part too as well as pressure TCAT for better public
transportation which would open up other areas for affordable housing. (My opinion)
Paulette Rosa
Town Clerk
From: Norma Jayne [mailto:norma(o)ithacarealtors.com]
Sent: Friday, September 22, 2017 9:27 AM
To: Paulette Rosa
Subject: Town of Ithaca Local Law Comments- Planning Committee Meeting
Hi Paulette,
I hope you are doing well.
I came down to the Town Hall yesterday to attend the planning meeting, but the doors were
locked. For future reference, what is the process for attending a meeting?
I had a few questions/statements about the proposals.
1. The limitation of owner occupied dwellings in the Town of Ithaca does not seem to
take into consideration the need for affordable work force housing.
2. How will the operating permit oversight be handled. Is the Town hiring new staff to
manage the program? If a taxpayer does not rent the home, but has a legal two-
family dwelling, it seems unfair that the owner must have an inspection of the
property anyway.
3. Given the zoning restrictions, are there provisions for housing development long
term? How does this impact the County's housing strategy to provide affordable
units for work force?
a. On page 10 of the strategy it speaks to collaborative housing solutions and
it also speaks to housing rehabilitation, of what was traditionally student
housing, into workforce rental options. The current plan does not support
these initiatives.
If there are opportunities to ask questions about the plan, then I would appreciate the
opportunity. Is it possible to meet with a couple of the members separately to ask
questions? I cannot attend the meeting next week because I am out of town at a
conference.
Thank you for your efforts.
All the best,
Norma Jayne, RCE
Executive Officer
Ithaca Board of REALTORS®
957 Mitchell Street
Ithaca NY 14850
PHONE: 607-257-1001 E-MAIL: norma a&ithacarealtors.com
From: Paulette Rosa
To: Bill Goodman-TB;brockilclartvconnect.com; Eric Levine Esq. -TB; Pamela Blemas; 'Pat LeaN"; Rich DePaolo;
'Rod Howe(rIh13iloornell.edu);Tee-Ann Hunter
Cc: Susan Ritter; Bruce Bates
Subject: Comments on draft legislation
Date: Tuesday,September 26,2017 11:21:00 AM
Good Morning,
I am commenting as a resident and homeowner who recently turned my basement into a legal
apartment for my son and future rental so it is all pretty fresh in my mind.
After last night' discussion, I have three comments or questions:
1. 1 don't think a kitchen can or should be defined as a microwave and mini-fridge. Many
people have rec rooms or their kids bedrooms/space downstairs where they have a
microwave and mini-fridge for incidental use and even a wetbar if you have a nice rec room.
That is not a kitchen. Yes, some students may exist on Ramen and Mac and Cheese, but 98%
of people do not. To me, a kitchen is a 4-burner stove and a sink over 18" big.
I absolutely agree that it shouldn't matter whether the apartment is rented or simply being
used by family,the residence is now a 2-family valued as a 2-family and it is the owner's
choice whether to utilize that space for income or not. Simply by not generating income
does not negate the fact that it is there and has increased the value of the home. An
affidavit is not worth the paper it is written on.
2. My basement was beautiful; high ceilings nicely painted etc. When I applied for my permit,
we found the ceiling was 1/8" of an inch thinner than required now for fire separation. I
understand they didn't have to do it when building it because it wasn't an apartment with a
cooking stove and therefore fire hazard, but I do think 6 months might not be long enough
to secure funding and a contractor to do the work. As written, does that mean if I had
renters there and something like that was discovered, that is not a clear and present danger
to the tenants, they would have to move? I think a person needs time to get funds and
contractors. Where is that line drawn? Dangerous or not? I am not saying that someone
using a closet as a bedroom with no egress should be allowed to continue, but somethings
that may have to be "brought'' up to code but is not an imminent threat. Is there a
mechanism for that? I think it is going to be a lot of that found.
3. 1 hear board members routinely say"they can get a variance' and since I attend all ZBA
meetings, let me tell you that this ZBA takes the Code extremely literally and strict to the
letter. So "getting a variance' is not easy even when I bet all of you would have said, yes,
that is reasonable and should have a variance. I will again use my place as an example. I
have said in the past that in 20 years or so, I would like to put a small house at the end of my
300 foot driveway when I can no longer handle the stairs etc. That will not be allowed now
due to the tethering requirement in CZ even though it would not change the character of my
lot or neighborhood, and if I went for a variance, I am almost positive I would be denied
because the ZBA would say, "the Board obviously didn't want this to happen or they
wouldn't have written the law prohibiting it, and she can move if she wants, there is an
alternative to building her elder cottage or ADU" I honestly don't know how to get around
that, and maybe in my particular case it shouldn't be gotten around, but saying "they can get
a variance' is not a given by a long shot.
Thank you for your time, and I really am in favor of the legislation because I see the "bad" rentals
that need this oversight, and people not paying their fair share in property taxes when they are
increasing the value by having an ADU, but these are things that popped in my head as I listen at
these meetings.
Paulette Rosa
300 Culver Rd
Subject: FW: Public Outreach - Town of Ithaca Legislation regarding 2-family units and Rental
Operating Permits
From: "Jon E. Shaff" <ies8@cornell.edu>
Date:September 18, 2017 at 8:15:23 AM EDT
To: Paulette Rosa <PRosa @town.ithaca.ny.us>
Subject: RE: Public Outreach -Town of Ithaca Legislation regarding 2-family units and Rental Operating Permits
HI Paulette,
Thanks for sending out this document and for allowing public comment.
My thoughts:
Over the years I have seen the area in which I live increase in the number of houses being rented out. I
am not excited about this. It leads to transience, lack of neighborhood stability, diminished
improvements to houses and property (since these are rental units and not homes), and lack of a real
sense of neighborhood. Sad.
Anything that can be done to reverse that trend would be great. As such, I am happy to read your
proposal that ADU's will be only allowed for owner occupied homes.The only thing that I would change
is that this stipulation would apply to all owner/ADU situations and not just new ones. Existing homes
with ADU's would have to have owner occupancy. This would bring an additional level of owner
accountability and promote neighborhood stability and quality.
As a case in point, my neighbor to the north of me, who is at 512 Warren Rd, owns the house and has
an ADU. Both the renter and the home owner are quiet and respectful, and the home is well
maintained. To the south of me, at 508 Warren Rd, both the ADU and the main dwelling are rented. The
house and the yard are not as well maintained, the renters come and go with the seasons. It is transient.
Home values and neighborhood quality will decline in this situation. I will probably sell my home and
move if the housing situation continues as it has, with many of the homes near me being rental units.
Cheers
Jon
1
From: Roberta Sibley
To: Paulette Rosa
Subject: ADU Regulations
Date: Sunday,September 17,2017 7:09:12 PM
Dear Ms.Rosa,
We write in support of strong ADU regulations to prevent dwellings in single-family residential zones and
neighborhoods in the Town of Ithaca from becoming non-owner occupied rentals,which is already occurring in our
neighborhood on Dove Drive and Pheasant,which includes Hungerford Heights Park.
The proposed regulations could be strengthened by the following changes and/or additions:
1)Require that existing homes and properties already having an ADU will be required to comply with the
owner occupancy requirements when the property is sold or ownership is transfered.
2)Give a property tax break to single-family owner occupied non-ADU reutilized properties.
3)Require ADU Rental Operating Permits be obtained every three years or less. (Five years is too long.)
4)Require landlords to give a copy of the Operating Permit to current and prospective tenants.
Thank you for considering our comments.
Roberta and David Sibley
2 Dove Drive
Ithaca,New York
Subject: FW:ADU and Rental Unit Regulation
From: John Tagg<itagua a,binghamton.edu>
Date: September 16,2017 at 11:16:50 AM EDT
To: Paulette Rosa<PRosa a town.ithaca.ny.us>
Subject: ADU and Rental Unit Regulation
Dear Paulette Rosa,
Congratulations for your effort to reach out to as many residents as possible on the issue of
accessory dwelling units and the spread of rental units, especially in the South Hill area, where I
live. I want to say that I fully support the proposed legislation to regulate the abuse of ADU
provisions by absentee landlords and to stop the cramming of secondary living units into lots
intended for single family living something shockingly evident from a drive down Danby
Road, Coddington Road or the connecting side streets.. This is destroying the residential
character of the area and undermining the investment families have made in making their home
in the Town of Ithaca. I also wonder what pressure can be leveraged in order to make Ithaca
College take responsibility and increase its student housing on campus, at least to the standard of
other colleges and universities in the area.
Thank you for this opportunity to be heard on this issue.
Sincerely,
John Tagg
JOHN TANG
SUNY DISTINGUISHED PROFESSOR OF ART HISTORY
DEPARTMENT OF ART HISTORY
BINGHAMTON UNIVERSITY
P.O.Box 6000
BINGHAMTON,NY 13902 6000
TEL:(607)777 3077
FAS:(607)777 4466
http://www.binghamton.edu/art-history/faculty/itagg.html
1