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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 . t 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 3 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 4 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 . 6 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 . 7 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 9 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 10 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 ii October 23 , 2003 Town Board Meeting Approved December 8, 2003 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 . 14 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 (PEASE PRINT TO ENSURE ACCURACY IN OFFICIAL MINUTES) PLEASE PRINT NAME PLEASE PRINTADDRESS / AFFILIATION Ttmv1 \16k vrj e 06cd s : F 3 �� tie J� s L - ..� z .• „� z r 3 } N a Imo . ✓; s vf� 4z f'.�'T�� ri'�OG�Psi�- fps F �' f2.o W,a�f .Dl ,� •f fi✓Uf�F 'TC� x-1 ,9-• -(-� LT �c,(,ti t ��CT-S 2 i Yt �J . A-� 2�i� a c,� ZC. L( � Gw� la z 2po� re job \L► InJ � �� 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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - (bvrn Tide) THE FEES FIR DOG LICENSES - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 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 .