HomeMy WebLinkAboutTB Minutes 2004-01-05 ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD
MONDAY , JANUARY 5, 2004 AT 5 : 30 P . M .
215 NORTH TIOGA ST , ITHACA, NY
AGENDA
1 . Call to Order
2 . Pledge of Allegiance
3 . Report of Tompkins County Board of Representatives
4 . Report of Fire Commissioners
5 . PERSONS TO BE HEARD
6 . Consider Approval of 2004 Town Board Meeting Schedule
7 . Consider Approval of 2004 Voucher Deadlines
8 . Consider Supervisor's Board and Committee Appointments
9 . Consider Confirmation of Arrangements and Appointment of Attorney for the
Town
10 . Consider Setting Public Hearing to Amend Local Law regarding Property Tax
Exemptions
11 . Consider Setting a Public Hearing Regarding a Local Law Amending Sewer
Rents Ordinance as Amended by Local Laws
12 . Consider Consent Agenda Items
a . Approval of Town Board Minutes
b . Town of Ithaca Abstract
c . Bolton Point Abstract
d . Consider Approval of Records Disposition List
e . Designation of Official Newspaper
f. Designation of Official Depositories of Town Funds
g . Official Bonds of Town Officers and Employees
h . Designation of Voting Delegate for Association of Towns Annual Meeting
i . Designation of Alternate Delegate for Association of Towns Annual
Meeting
j . Agreement for the Expenditure of Highway Monies
k . Reappointment of Deputy Highway Superintendent
I . Reappointment of Deputy Town Clerk / Deputy Receiver of Taxes
m . Reappointment of Deputy Town Clerk
13 . Discussion of Personal Watercraft Legislation ( Petition to be Circulated at
Meeting )
14 . Report of Town Committees
a . Agricultural Land Preservation Advisory Committee
b . Capital Projects and Fiscal Planning Committee
c . Cayuga Lake Watershed Intermunicipal Organization
d . Codes and Ordinances Committee
e . Lake Source Data Sharing Committee
f. Personnel Committee
g . Public Works Committee
h . Recreation Partnership
i . Records Management Advisory Board
j . Safety Committee
k . Sewer Joint Subcommittee
I . Sewer Contract Committee
m . Southern Cayuga Lake Intermunicipal Water Commission
n . Transportation Committee
15 . Consider Adjournment
ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD
MONDAY, JANUARY 5 , 2003 AT 5 : 30 P . M .
215 NORTH TIOGA STREET, ITHACA, NEW YORK
ADDITIONAL AGENDA ITEMS
1 . Consider Authorization for Harvard Leadership Series
2 . Consider Authorization for How to be a Better Trainer Seminar
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9, 2004
ORGANIZATIONAL MEETING OF THE ITHACA TOWN BOARD
MONDAY , JANUARY 5 , 2004 AT 5 : 30 PM
215 NORTH TIOGA STREET, ITHACA, NEW YORK
PRESENT : Catherine Valentino , Supervisor; Carolyn Grigorov , Councilwoman ; Bill
Lesser , Councilman ; Will Burbank , Councilman ; Herb Engman ; Councilman ; Sandra
Gittelman , Councilwoman ; Peter Stein , Councilman ; Tee-Ann Hunter, Town Clerk ; John
Barney , Attorney for the Town ; Dan Walker, Director of Engineering ; Fred Noteboom ,
Highway Superintendent ; Jonathan Kanter, Director of Planning ; Al Carvill , Budget
Officer; Judy Drake , Human Resources Specialist ; Andrew Frost , Director of
Building/Zoning .
OTHERS : Bob Romanowski , Fire Commissioner; Roger DuPuis , Ithaca Journal ; Tim
Joseph , Tompkins County Representative
CALL TO ORDER : The meeting was called to order at 5 : 30 p . m . and Supervisor
Valentino led the assemblage in the Pledge of Allegiance .
Supervisor Valentino welcomed the new Town Board members to the Board . She
hopes that they find the board ' s work interesting and exciting .
Agenda Item No. 4 - Report of Fire Commissioners (Attachment # 1 — written
report)
Bob Romanowski read the Report of the Fire Commissioners to the board .
Mr. Romanowski reported the December meeting was light . Budget and fire call
information will be provided at the February board meeting . The City Fire Department ,
City Police and County Department of Emergency response discussed the operational
component of the proposed City/County MOU . The Fire Department has been advised
by the City Controller' s office that any budget line that exceeds appropriated amounts
will need to be reconciled prior to the authorization of additional expenditure . The policy
needs to be clarified since department expenses are dictated by real- life emergency
situations . The Fire Department cannot foresee overtime on fire scenes .
Mr. Romanowski will forward information to the Town Board about municipalities giving
incentives or property tax breaks for volunteers .
Councilman Lesser asked if the fire department was able to distribute literature to
freshmen at Ithaca College and Cornell . Mr. Romanowski explained the number 9 fire
station is filled up with bunkers that take advantage of the free- living conditions that are
given as part of the bunker program . There are a lot of people around Ithaca that have
served as bunkers in the fire department . Ithaca College supplies some of the bunkers
that are in one of the Town of Ithaca stations , which is station no . 5 . The problems are
downtown and the number 6 fire station , the Town of Ithaca West Hill fire station . It is
difficult to find volunteers and bunkers for that area . He was not sure why there was a
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
problem . People mainly do not want to put the time in . There are other things for
people to do without any pain or strain .
Mr. Romanowski introduced himself to the new board members .
Agenda Item No . 3 - Report of Tompkins County Board of Representatives
Tim Joseph , Tompkins County Board of Representatives
Mr. Joseph welcomed the new members to the board and looked forward to a year of
strong cooperation between County and Town government . The Town and County met
a few times last year to discuss saving money for the taxpayers . Everyone agreed that it
was important to focus on what is good or bad for the taxpayers , not the individual unit
of government . It will probably involve shifting responsibility and funding from one
governmental unit to another. Mr. Joseph was positive there would be success as long
as the focus is on doing what is best for the taxpayers . Mr. Joseph was surprised by
the willingness of the county and townships to not worry about turf .
County Board Committee appointments will be made at the second January meeting .
Councilman Lesser asked if there could be a joint introduction into local governments .
There are a number of new people coming onto local boards . He knows it takes a while
for one to understand the system . It can take a while for someone to understand the
interaction with other municipalities . Mr. Joseph thought it would be reasonable thing to
do , but it did not fit into the category of finding ways to work more efficiently to save
taxpayers money . Cooperative Extension holds introductions into local government .
Supervisor Valentino had attended the sessions , but they mainly understand one ' s own
unit . It is important to understand municipal cooperation .
Councilman Engman mentioned that he and Councilwoman Gittelman attended a
session and they found it interesting to meet some of the other municipal officers .
Councilman Burbank complimented Mr. Joseph and his colleagues for an improved
relationship with the Town of Ithaca . He knows it has been a two-way effort . Things are
headed in a positive direction and hopes they momentum continues .
Agenda Item No. 5 - PERSONS TO BE HEARD
No persons present .
Agenda Item No . 6 - Consider Approval of 2004 Town Board Meeting Schedule
The 2004 schedule is different than past years . Past boards expressed an interest in
spending more time on the budget and felt that it was important for board members to
understand it better. Supervisor Valentino proposed that the first meeting in October
and November be for the budget and then have a second Town Board meeting to
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
discuss other business . It is important to give one meeting to the budget in October and
November .
TB RESOLUTION We 2004-001 : Set Dates for 2004 Town Board Meetings
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby approves
the following schedule for 2004 Town Board Meeting Dates:
Monday, February 9, 2004 5:30 p. m.
Monday, March 8, 2004 5:30 p. m .
Monday, April 12, 2004 5:30 p. m .
Monday, May 10, 2004 5:30 p. m .
Monday, June 7, 2004 5:30 p. m.
Monday, July 12, 2004 5:30 p. m .
Monday, August 9, 2004 5:30 p. m .
Monday, September 13, 2004 5:30 p. m .
Thursday, October 7, 2004 5:30 p. m . Budget Discussion
Monday, October 18, 2004 5:30 p. m. (Monday, Oct. 11 "' is Columbus Day)
Thursday, November 4, 2004 5:30 p. m. Budget Discussion
Monday, November 15, 2004 5:30 p. m .
Monday, December 13, 2004 5:30 p. m .
Thursday, December 30, 2004 10:00 a . m. Year-End Meeting
MOVED: Supervisor Valentino
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser, aye;
Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye; Councilman
Engman, aye.
Agenda Item No . 7 - Consider Approval of 2004 Voucher Deadlines
The Board changed the abstract deadlines from September 29 , 2004 to October 6 ,
2004 and October 27 , 2004 to November 3 , 2004 . This would allow more time to get
vouchers in to the Accounting Department . The vouchers would be approved at the
October 18 , 2004 and November 15 , 2004 board meetings .
TB RESOLUTION NO. 2004-002: Year 2004 Processing Vouchers/Invoices
Deadline Dates
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9, 2004
WHEREAS, in order to facilitate a more efficient and timely method for
processing vouchers/invoices for the monthly abstracts it is necessary to establish a
deadline for submission of vouchers/invoices by vendors, staff, and other service
people; and
WHEREAS, the Accounting Department has determined that approximately one
week is needed to properly prepare the vouchers/invoices for approval of the Town
Board at their monthly meeting; now, therefore, be it
RESOLVED, the Town Board does hereby adopt the following schedule for the
year 2004 as the last date by all vendors, staff, and other service people to submit
vouchers/invoices to the Accounting Department for presentation to the Town Board on
the Abstract Date:
Processing Voucher/ * *For Abstract Date:
Invoice Deadline Dates:
Wednesday, January 28, 2004 Monday, February 9, 2004
Wednesday, February 25, 2004 Monday, March 8, 2004
Monday, March 29, 2004 Monday, April 12, 2004
Wednesday, April 28, 2004 Monday, May 10, 2004
Wednesday, May 26, 2004 Monday, June 7, 2004
Monday, June 28, 2004 Monday, July 12, 2004
Wednesday, July 28, 2004 Monday, August 9, 2004
Frida y, August 27, 2004 Monday, September 13, 2004
Wednesday, October 6, 2004 Monday, October 18, 2004
Wednesday, November 3, 2004 Monday, November 15, 2004
Monday, November29, 2004 Monday, December 13, 2004
Monday, December 27, 2004 THURSDAY, December 30, 2004
* *Abstract date is synonymous with Town Board meeting date.
BE IT FURTHER RESOLVED, vouchers/invoices must be submitted no later that
12:00 p. m. on the Processing Voucher/Invoice Deadline Date; and it be further
RESOLVED, any emergency or extraordinary vouchers/invoices will be
considered as deemed appropriate by the Chief Fiscal Officer and the Budget Officer.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
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Or,Tanizational Mecting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Agenda Item No 8 - Consider Supervisor' s Board and Committee Appointments
Agricultural Committee
The committee is under discussion . It has not met in over a year and it is very difficult
to get the members to meet . There are a lot of agricultural businesses in the Town of
Ithaca that are different from traditional farming . Supervisor Valentino thought it would
be interesting to recruit a variety of people from the agricultural community and
restructure the committee to become a viable committee that meets on a regular basis .
Members should include traditional agricultural and members of new agricultural
businesses .
Councilman Stein asked Supervisor Valentino if she had discussed the committee with
the chair' s committee . Supervisor Valentino explained that for the past couple of years
the Town has tried to get them to meet . It has been difficult to get them to sign their
Oath of Office . One member is no longer in agriculture , but the other four members are .
Thomas McMillian and Debbie Teeter are on the Land Preservation Committee .
Councilman Lesser suggested the Land Preservation Committee assume some of the
responsibilities of the Agricultural Committee . Cornell recently got quite a large
agricultural grant to work on these areas . He would be happy to try to recruit people
from the Town to participate in the grant work .
Agricultural Land Preservation Advisory Committee
This committee looks at the Purchase of Development Rights program .
Councilman Engman asked if the Town has the description of the charges for the
committees . Mrs . Hunter said she does not have the charges synopsized . It would be
a research project . Councilman Engman felt it would be useful for the committees as an
order of business to figure out whether it makes sense as their current objective .
Councilman Lesser suggested it would be helpful to have the information on the
website . Supervisor Valentino thought it was a good idea .
Capital Projects & Fiscal Planning Committee
The committee reviews the five-year capital plan every year. They also look at
proposed projects . This year the committee is looking at the Town ' s actual ability to pay
for things along with the capital plan .
Codes and Ordinances Committee
Councilman Engman , Councilwoman Grigorov and Supervisor Valentino are Town
Board representatives with Councilwoman Grigorov being the Chair. Fred Wilcox
( Planning Board ) , Eva Hoffmann ( Conservation Board ) and Kirk Sigel (Zoning Board )
are board representatives . Lenore Durkee , Conservation Board Chair, will be attending
the next Codes and Ordinances Committee meeting to get a feel for the Committee .
She is not ready to make the time commitment at this point .
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9, 2004
Ethics Board
David Klein is being appointed to a five-year term , replacing Bev Livesay whose term
has expired .
Personnel Committee
Supervisor Valentino , Councilman Burbank , and Councilman Lesser will be the Town
Board representatives . The employees choose their representatives to the committee .
Public Works Committee
The Public Works Committee oversees the highway , park and trail construction , water
and sewer, and storm water. Traditionally , the committee has met at 8 : 00 a . m . at the
Public Works Committee . The committee decides which roads to repair, where walking
paths are needed , and where shoulders and bike paths are needed . Currently , the
Committee is working on a Sidewalk Policy . Supervisor Valentino , Councilman Stein ,
and Councilwoman Grigorov will be the Town Board representatives .
Records Management Committee
Supervisor Valentino will serve at Chair of the committee for 2004 . Mary Russell is
stepping down . The Committee has a lot of important work .
Recreation and Human Services Committee
The committee will be comprised of Supervisor Valentino , Councilwoman Grigorov ,
Councilman Burbank , and the new Recreation and Youth Coordinator. Support staff will
be Al Carvill and Judy Drake .
"Safety Committee
This committee is comprised of staff members . They work amongst themselves and
report to the Town Board .
Sewer Contract Committee
Supervisor Valentino and Councilman Stein are the Town Board representatives . The
main agreements are complete . This committee needs to start working on plant
agreements and starting the Pine Road Connecturn and figuring out who is going to be
responsible for what . Supervisor Valentino likes the idea of having some continuity with
the Joint Sewer Committee . Supervisor Valentino is recommending to Caroline
Peterson that the representatives to the Joint Sewer Committee be the same
representatives on the Sewer Contract Committee . Mary Russell and Supervisor
Valentino tried to attend as many meetings as possible so that if one of them were not
there , they would not be holding up negotiations because someone was not there .
Transportation Committee
Councilman Lesser is going to Chair the committee and Councilman Burbank will also
serve on the committee . Tom Niederkorn is going to continue as a Town
representative . Councilman Engman asked how this committee is different than the
Public Works Committee . Councilman Lesser explained the committee is trying to
develop a transportation plan for the Town of Ithaca . There are Cornell representatives
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
on the committee . The County Committee primarily endorses proposals throughout the
County for transportation projects .
Water and Sewer Special District Assessment Review Committee
Committee Disbanded , The Committee worked to re-do the special district rules and
boundaries . There are zero complaints a year for special district allocation .
Cayuga Lake Watershed Management Plan Intermunicipal Organization
Councilman Burbank is the Town representative and Councilwoman Grigorov is willing
to be the alternate .
City and Town of Ithaca Trail Planning Committee
Councilman Burbank is the Town representative . This committee discusses the trail
next to "the bridge to nowhere" . The Town waterline goes through the area and a nice
base has been put in for a trail . Part of the trail is in the City , so there needs to be a
coordinated committee between the Town and the City .
Cornell Community Waste Management Advisory Committee
Mary Russell will continue to be the Town ' s representatives . It would be almost
impossible for someone to step in on that group at this point . A lot of their work is
winding down and coming to an end .
Human Services Coalition
Fred Noteboom , Highway Superintendent , is the Town representative .
Ithaca-Tompkins County Transportation Council Metropolitan Planning
Organization Policy Committee
Supervisor Valentino is the representative with Councilman Lesser as the alternate .
Ithaca-Tompkins County Transportation Council Metropolitan Planning
Organization Planning Committee
Mr . Kanter has been elected Chair of the committee . Supervisor Valentino was elected
vice-chair (will she was absent) .
Lake Source Cooling Data Sharing Committee
Councilman Engman is the Town representative .
Recreation Partnership Board
Councilwoman Gittelman and Councilman Burbank will be the Town Representatives
and Supervisor Valentino will serve as the alternate .
Sewer Joint Committee
Supervisor Valentino , Councilman Stein and Bob Romanowski will be the Town
Representatives . Supervisor Valentino felt it would be beneficial to have Mr.
Romanowski serve on the committee since he was on Common Council for a long
period of time and this is a partnership with the committee .
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Organizational Meeting of the Ithaca Town Board January 5 . 2004
Approved February 9, 2004
Southern Cayuga Lake Intermunicipal Water Commission
Mary Russell is willing to continue to serve on the Bolton Point Commission with
Supervisor Valentino .
Tompkins County Joint Youth Commission
Councilwoman Gittelman would like to continue to serve on the committee . Mrs . Hunter
spoke with Ms . Moran and she is willing to continue to serve on the committee . A
message was left for Ms . Jayne and Mrs . Hunter has not heard back from her.
Tompkins County Environmental Management Council
Barney Unsworth is willing to continue to serve as the Town representative .
Tompkins County Local Waterfront Revitalization Program Planning Committee
Councilwoman Grigorov will continue as the Town representative .
Mrs . Hunter will research the resolutions establishing the committees . Members of the
committees would be best to be able to tell new board members what projects are being
worked on . There are monthly reports in the board minutes , which various
representatives from the committees and boards report on what the committee is doing .
Councilman Burbank noted that the Town needed to form a PEGASYS Access
Oversight Committee . It should be added to the list of the boards and committees .
Councilman Burbank volunteered to the Town representative .
TB RESOLUTION NO. 2004-003: Appointments To Boards And Committees For
The Year 2004 By The Town Supervisor And The Town Board.
BE IT RESOLVED, that the Town Board of the Town of Ithaca hereby ratifies the
boards and committee appointments made by the Town Supervisor and the Town
Board as listed below:
In House Boards and Committees [unless otherwise indicated, terms are one (1)
year]:
Agriculture Committee. Under discussion
Agricultural Land Preservation Advisory Committee.
Catherine Valentino, Town Supervisor
Bill Lesser, Councilman
Fred Wilcox, Planning Board Chair
A . Thomas McMillan, Ag. Committee
Debbie Teeter, Ag. Committee
Capital Projects & Fiscal Planning Committee:
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Catherine Valentino, Town Supervisor
Carolyn Grigorov, Councilwoman
Will Burbank, Councilman
Peter Stein, Councilman
Alfred Carvill, Budget Officer
Fred Noteboom, Highway Superintendent
Jonathan Kanter, Director of Planning
Daniel Walker, Director of Engineering
Fred Wilcox, Planning Board Chair
Codes and Ordinances Committee:
Carolyn Grigorov, Councilwoman (Chair)
Cathy Valentino, Town Supervisor
Herb Engman, Councilman
Eva Hoffmann, Planning Board Member
Fred Wilcox, Planning Board Chair
Kirk Sigel, Zoning Board of Appeals Chair
Staff Support:
John Barney, Attorney for the Town
Andrew Frost, Director of Building/Zoning
Jonathan Kanter, Director of Planning
Ethics Board: David Klein (5 year term, ending 1213112008)
Personnel Committee: Catherine Valentino, Town Supervisor
William Lesser, Councilman
Will Burbank, Councilman
Dani Holford, Town Hall Representative
Cindy Vicedomini, Town Hall Representative
Larry Salmi, Highway Representative
Don TenKate, Highway Representative
Paul Tunison, Bolton Point Representative
Larry Parlett, Bolton Point Representative
Staff Support:
Judith Drake, Human Resource Manager
Public Works Committee: Catherine Valentino, Town Supervisor
Peter Stein, Councilman
Sandy Gittelman, Councilwoman
Staff Support:
Fred Noteboom, Highway Superintendent
Richard Schoch, Parks Maintenance Manager
Daniel Walker, Director of Engineering
Michael Smith, Environmental Planner
Records Management Advisory Board:
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Catherine Valentino, Chair
Tee-Ann Hunter, Town Clerk
Lisa Carrier- Titti, Network Records Specialist
Daniel Walker, Director of Engineering
Christine Balestra, Planner
Carrie Whitmore, Deputy Town Clerk
Gail Kroll, Administrative Assistant, Highway
Recreation and Human Services Committee:
Catherine Valentino, Town Supervisor (Chair)
Sandy Gittelman, Councilwoman
Will Burbank, Councilman
Staff Support:
Al Carvill, Budget Officer
Judith Drake, Human Resource Manager
Recreation and Youth Coordinator
Safety Committee: Fred Noteboom, Highway Superintendent
Judith Drake, Human Resource Manager
Creig Hebdon, Town Hall Representative
Kristie Rice, Town Hall Representative
David Boyes, Highway Representative
Timothy Eighmey, Highway Representative
Sewer Contract Committee: Catherine Valentino, Town Supervisor
Peter Stein, Councilman
Staff Support:
Daniel Walker, Director of Engineering
Al Carvill, Budget Officer
Transportation Committee: William Lesser, Councilman
Will Burbank, Councilman
George Conneman, Planning Board
Tom Niederkorn
Staff Support:
Jonathan Kanter, Director of Planning
Susan Ritter, Planning Department
Fred Noteboom, Highway Superintendent
Water and Sewer Special District Assessment Review Committee: DISBAND
Other Appointments:
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OriTanizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Cayuga Lake Watershed Management Plan Intermunicipal Organization :
Will Burbank, Councilman
Carolyn Grigorov, Councilwoman (Alternate)
City and Town of Ithaca Trail Planning Committee:
Will Burbank, Councilman
Jonathan Kanter, Director of Planning
Michael Smith (Alternate)
Cornell Community Waste Management Advisory Committee:
Mary Russell
Human Services Coalition: Fred Noteboom, Highway Superintendent
Ithaca- Tompkins County Transportation Council Metropolitan Planning
Organization Policy Committee:
Catherine Valentino, Town Supervisor
(Committee Vice-Chair)
William Lesser, Councilman (Alternate)
Ithaca-Tompkins County Transportation Council Metropolitan Planning
Organization Planning Committee:
Jonathan Kanter, Director of Planning
(Committee Chair)
Fred Noteboom, Highway Superintendent
Susan Ritter, Planning Department (Alternate)
Lake Source Cooling Data Sharing Committee:
Herb Engman, Councilman
Staff Support:
Jonathan Kanter, Director of Planning
Recreation Partnership Board:
Catherine Valentino, Town Supervisor (Alternate)
Will Burbank, Councilman
Sandra Gittelman, Councilwoman
Sewer Joint Committee: Catherine Valentino, Town Supervisor
Peter Stein, Councilman
Bob Romanowski
Staff Support:
Daniel Walker, Director of Engineering
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Southern Cayuga Lake Intermunicipal Water Commission.
Catherine Valentino, Town Supervisor
Mary Russell
Tompkins County Joint Youth Commission.
Sandra Gittelman, 109 Tudor Road
Diane Jayne, 2251 N. Triphammer Road
Lorraine Moran, 4 Hackberry Lane
Tompkins County Environmental Management Council
Barney Unsworth,
Recommended Town of Ithaca Representative
Tompkins County Local Waterfront Revitalization Program Planning Committee:
Municipal Level: Carolyn Grigorov, Councilwoman
Coordinating Committee: Jonathan Kanter, Director of Planning
Pegasys Oversight Committee: Will Burbank, Councilman
MOVED: Councilman Lesser
SECONDED: Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
Support staff of the committees will contact committee members to arrange the
meetings . Councilman Lesser suggested that Mrs . Hunter provide each committee with
the synopses and the committee could revise it as they see fit .
Agenda Item No. 9 = Consider Confirmation of Arrangements and Appointment of
Attorney for the Town
John Barney provided the board with a proposal for services for 2004 . The letter
proposes an increase of $ 10 per hour in the attorney' s hourly wage . Either side can
change the contract at any time .
TB RESOLUTION NO. 2004-004: Confirmation of Arrangements and Appointment
of the Attorney for the Town for 2004 - ( Attachment # 4 )
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
agrees to confirm the arrangements discussed and presented for the appointment of the
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Oruanizational Meetinb of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Attorney for the Town, for the year 2004 as per the attached letter of understanding as
presented by John C. Barney, Esq. , of the firm Barney, Grossman, Dubow & Marcus.
MOVED: Supervisor Valentino
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye .
Agenda Item No . 10 - Consider Setting Public Hearing to Amend Local Law
regarding Property Tax Exemptions
The State authorizes the Town to set exemptions from the real property tax at various
levels for several categories of people : elderly , low income , disabled , veterans , etc .
Each year the State adjusts the amounts and allows the exemptions to go up a level .
The Town drafts a local law that allows the board to adopt the maximum amount
allowed by the State . Traditionally , the Town adopts the maximum amount .
The board agreed to adopt the maximum limits .
Councilman Stein asked if the Town had the freedom to adjust the step rates . Attorney
Barney responded the Town does not have that freedom . The legislation states the
Town can adopt a maximum where "x" amount of dollars to which the exemption
applies . The effective rates can be lower by choosing the lower "x" .
TB RESOLUTION NO. 2004-005:Setting a Public Hearing for "A LOCAL LAW
INCREASING THE INCOME LIMITATIONS FOR THE PARTIAL TAX EXEMPTION
FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO
ARE 65 YEARS OF AGE OR OVER "
RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall, 215 North Tioga Street, Ithaca , New York, on the 9rh day of February 2004,
at 6: 15 p. m. for the purpose of considering the adoption of a local law entitled:
"A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE
PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY
PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR
OVER"
and it is further
RESOLVED, that at such time and place all persons interested in such local law may be
heard concerning the same; and it is further
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Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9, 2004
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal published in the
City of Ithaca, Ithaca, New York, said publication to occur not less than ten days before
the day designated above for the public hearing.
MOVED: Supervisor Valentino
SECONDED: Councilwoman Grigorov
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-006: Set Public Hearing Date, "Local Law Increasing
the Income Limitations for the Partial Tax Exemption for Real Property Owned by
Persons with Disabilities ",
RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall, 215 North Tioga Street, Ithaca , New York, on the 9th day of February 2004,
at 6:30 p. m. for the purpose of considering the adoption of a local law entitled.
'A LOCAL LAW INCREASING THE INCOME LIMITATIONS FOR THE
PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY
PERSONS WITH DISABILITIES. "
and it is further
RESOLVED, that at such time and place all persons interested in such local law may be
heard concerning the same; and it is further
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal published in the
City of Ithaca, Ithaca, New York, said publication to occur not less than ten days before
the day designated above for the public hearing.
MOVED: Supervisor Valentino
SECONDED: Councilman Lesser
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
Councilman Stein asked if the board would know what the reduction in tax receipts will
be to the Town as a result of taking this action . Mr. Carvill responded the information
would come from the Assessment Department .
14
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Councilman Stein wondered if the board would be provided with that information before
voting to enact the legislation . Mr. Carvill explained that he would not know until the
assessments are complete in May . Attorney Barney added the incremental amount is
relatively small . It is a $ 1500 increase . The Town tax rate is $ 1 . 26 per thousand .
Councilman Stein thought it makes sense to know how much money is being talked
about . Attorney Barney figured there is about 70 or 80 people who qualify . Supervisor
Valentino suggested they look at the prior years to see what it has been . She didn 't
think it would change much from that and it would give the board a good indicator.
Councilman Engman asked if someone could explain the rationale for the exemption .
He assumes that these change over the years . There are now a lot of younger people
earning minimum wage . Why would a senior citizen making more money be more in
need of a property tax exemption than a younger person making minimum wage ? It
would be nice to have someone explain why these are still viable public policies .
Supervisor Valentino responded it is a State Law so it would have to be someone like
Barbara Lifton .
Councilman Lesser added that the State Legislature controls a large amount of what the
Town does . The Town may decide it is more appropriate to provide cuts to someone
else , but the board does not have the authority to do that . This is one thing the Town is
able to do . Younger people with low incomes probably do not own property ; hence
reducing the property taxes would not be a direct benefit to them . Older people may
well have owned their home while they were actively involved with the workforce and as
they retire on their fixed income this provides a relief .
Councilwoman Gittelman added that there are often people who own homes in an area
that had a very low tax rate when they were earning money , then all of a sudden it gets
very popular and the tax rate zooms , but they are not earning any money .
Supervisor Valentino stated if they wanted to see a change in the exemption then they
needed to talk to the State .
Councilman Engman was not talking about a change , he was talking about
understanding the rationale . The board is voting on increasing the exemption and the
board should look at it to see if it is still good public policy . The board does not have to
do what the State is suggesting . It could be left as it is . Councilman Engman thought
there might be public policies that assist people better a decade or more ago .
Supervisor Valentino responded the rational is supposed to happen on the floor of the
Assembly and the Senate . Councilman Engman felt it was important for board
members to understand it well before they single out a single sector of the population
for tax relief . Attorney Barney thought the answer was that the State has singled out
these groups .
15
Organizational Meeting of the Ithaca "town Board January 5 , 2004
Approved February 9, 2004
Agenda Item No. 11 - Consider Setting a Public Hearing Regarding a Local Law
Amending Sewer Rents Ordinance as Amended by Local Laws
Attorney Barney explained that in reviewing the first draft of the Code with Mrs . Hunter,
they found a lot of materials regarding sewer rents and how the Town is supposed to be
charging , and that is not being done . The local law would explain the sewer rent
charges instead of having several different versions . Tonight the board would set the
public hearing for the February meeting . The local law will be forthcoming to the board
before the February meeting .
TB RESOLUTION NO. 2004-007: Set Public Hearing Regarding a Local Law
Amending Sewer Rents Ordinance as Amended by Local Laws
RESOLVED, that the Town Board of the Town of Ithaca hold a public hearing at the
Town Hall, 215 North Tioga Street, Ithaca, New York, on the 9th day of February 2004,
at 6:45 p. m. for the purpose of considering the adoption of a Local Law Amending
Sewer Rents Ordinance as Amended by Local Laws; and
and it is further
RESOLVED, that at such time and place all persons interested in such local law may be
heard concerning the same; and it is further
RESOLVED, that the Town Clerk of the Town of Ithaca is hereby authorized and
directed to publish a notice of such public hearing in the Ithaca Journal published in the
City of Ithaca, Ithaca, New York, said publication to occur not less than ten days before
the day designated above for the public hearing.
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
OTHER BUSINESS
Supervisor Valentino explained the City passed tax abatement for people in the City that
did some improvements to their properties . The City was worried that people would not
take care of their houses . It was sent on to the County suggesting that they pass it .
The County has decided not to give the tax abatement . The Assessment Department
decided there was not enough information or any good way for them to be able to
implement it . Supervisor Valentino did not put it on the board agenda , but did want to
bring it up for the board to think about it . She did not think about doing it in the Town of
Ithaca because the town tax rate is low . It would not make any difference to anybody
fixing their house based on the town tax rate . She has to wait for the County because
16
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
the Town cannot put it in place if they think it is too difficult to process . The Town tries
to keep the tax rate low for everyone .
Agenda Item No . 12 we Consider Consent Agenda Items
Mrs . Hunter noted that the minutes were not mailed in the packet . The Town of Ithaca
and Bolton Point did not have an abstract . The commission will be reviewing the Bolton
Point vouchers at their meeting Thursday . Supervisor Valentino asked if they could
write the checks before the Town Board approves them . Attorney Barney
recommended calling the board members if there was something that could not wait to
be paid until the next meeting .
Councilman Stein asked what is the consent agenda and what does it mean . Attorney
Barney explained that instead of listing things individually , it is put in a series of
resolutions to be adopted at once . It is usually items that do not involve any discussion .
If someone wants to discuss it , then it is pulled from the consent agenda and it is
discussed and passed separately .
a . Consider Approval of Records Disposition List
b. Designation of Official Newspaper
c . Designation of Official Depositories of Town Funds
d . Official Bonds of Town Officers and Employees
e . Designation of Voting Delegate for Association of Towns Annual Meeting
f. Designation of Alternate Delegate for Association of Towns Annual Meeting
g . Agreement for the Expenditure of Highway Monies
h . Reappointment of Deputy Highway Superintendent
i . Reappointment of Deputy Town Clerk / Deputy Receiver of Taxes
j . Reappointment of Deputy Town Clerk
TB RESOLUTION NO. 2004-008: Consent Agenda Items.
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
approves and/or adopts the resolutions for Consent Agenda Items as presented.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008b: Designation Of Official Newspaper
17
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
designates the Ithaca Journal as the official newspaper for the Town of Ithaca for the
year 2004; and, be it further
RESOLVED, the Town Clerk is hereby authorized and directed to forward a
certified copy of this resolution to the Ithaca Journal.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008c: Designation of Official Depositories of Town
Funds
BE IT RESOLVED, that the governing Town Board of the Town of Ithaca hereby
designates Tompkins County Trust Company and M& T Manufacturers and Traders
Trust Company as the official depositories for monies coming into the hands of the
Town Supervisor, Budget Officer, Town Clerk, and Receiver of Taxes for the year 2004;
and, be it further
RESOLVED, the Town Clerk is hereby authorized and directed to forward a
certified copy of this resolution to the Tompkins County Trust Company and M& T
Manufacturers and Traders Trust Company.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008d: Official Bonds For Town Officers & Employees
BE IT RESOLVED, by the governing Town Board of the Town of Ithaca, that the
Faithful Performance Bonds for the Town Officials and Employees for the year 2004 are
approved as followed:
Town Supervisor/Fiscal Officer $3, 000, 000. 00
Deputy Town Supervisor $3, 000, 000. 00
Budget Officer $3, 000, 000. 00
Town Clerk $3, 000. 000. 00
18
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Receiver of Taxes $3, 000, 000. 00
Town Justice, Clarence Larkin $ 257000. 00
Town Justice, Raymond Bordoni $ 25, 000. 00
Highway Superintendent $ 25, 000. 00
All Other Employees (Per Person) $ 25, 000. 00
Forgery & Alteration $ 5, 000. 00
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008e: Official Delegate for Year 2004 NYS Association
of Towns Annual Meetin
WHEREAS, the NYS Association of Towns Annual Meeting will be held on
February 15- 18, 2004 in New York City; and
WHEREAS, the Town of Ithaca is a member in good standing with the NYS
Association of Towns and is eligible to have voting rights at the said meeting; and
WHEREAS, it is necessary for the governing Town Board to appoint an Official
Delegate who will have voting rights on behalf of the Town of Ithaca at the said meeting;
now therefore be it
RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints
Cathy Valentino, Town Supervisor, as the Official Delegate on behalf of the Town of
Ithaca at the 2004 NYS Association of Towns Annual Meeting.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-00ft Alternate Delegate for Year 2004 NYS
Association of Towns Annual Meetin_q
WHEREAS, the NYS Association of Towns Annual Meeting will be held on
February 15- 18, 2004 in New York City; and
19
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , .2004
WHEREAS, the Town of Ithaca is a member in good standing with the NYS
Association of Towns and is eligible to have voting rights at the said meeting; and
WHEREAS, it is necessary for the governing Town Board to appoint an Official
Alternate Delegate who will have voting rights on behalf of the Town of Ithaca at the
said meeting; now therefore be it
RESOLVED, the governing Town Board of the Town of Ithaca hereby appoints
Will Burbank, Councilman, as the Alternate Delegate on behalf of the Town of Ithaca at
the 2004 NYS Association of Towns Annual Meeting.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE., Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008q: Agreement For The Expenditure Of Highway
Monies (Attachment #2 — Agreement for the Expenditure of Highway Monies)
WHEREAS, pursuant to the provisions of Section 284 of the Highway Law a governing
Town Board is required to enter an agreement with the Highway Superintendent
outlining the expense of monies levied and collected in the town for the repair and
improvement of highways, and for monies received from the State of New York for State
Aid for the repair and improvements of highways; now, therefore, be it
RESOLVED, this governing Town Board hereby approves, adopts and
authorizes the "Agreement for the Expenditure of Highway Monies ". for the year 2004
as prepared by the Highway Superintendent
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008h: Reappointment DeputV H- ghwaV Superintendent
BE IT RESOLVED, that confirming the appointment made by the Town Highway
Superintendent, Eugene Redman be re-appointed as Deputy Highway Superintendent
to serve at the pleasure of the Town Highway Superintendent.
20
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO 2004-0081: Reappointment Of Deputy Town Clerk/Deputy
Receiver Of Taxes
BE IT RESOLVED, that confirming the appointment made by the Town Clerk,
Carrie Whitmore be reappointed as Deputy Town Clerk to serve at the pleasure of the
Town Clerk, and be it further
RESOLVED, that confirming the appointment made by the Receiver of Taxes,
Carrie Whitmore shall also assume the duties and responsibilities as the Deputy
Receiver of Taxes to serve at the pleasure of the Receiver of Taxes.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
TB RESOLUTION NO. 2004-008►: Reappointment Of Deputy Town Clerk
BE IT RESOLVED, that confirming the appointment made by the Town Clerk,
Lori Love be reappointed as Deputy Town Clerk to serve at the pleasure of the Town
Clerk.
MOVED: Councilman Lesser
SECONDED: Councilman Burbank
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
Agenda Item No . 13 - Discussion of Personal Watercraft Legislation ( Petition to be
Circulated at Meeting )
The petition contains about 1 , 000 signatures asking the Town of Ithaca to regulate jet
skis on the lake . Supervisor Valentino has been on the Water Resources Committee
21
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
that have dealt with wading through what would be appropriate for watercraft . It has
been a tedious project . Many different groups have expressed concerns . The
Committee finally resolved for the towns that border the lakes to pass their own
legislation . The Town of Lansing has already passed legislation . This legislation is not
as strong as many people would have liked , but is stronger than what other people
would have liked . It is in the middle range of regulating watercraft on the lake .
Supervisor Valentino thought it would be appropriate for the Towns and the City to be
consistent with the law . If the Towns do not pass something by May 1St , the County is
going to ask for special legislation from the State so that they can regulate it
themselves , which would take away the Town ' s Home Rule .
Ulysses is considering passing the same legislation passed by the Town of Lansing .
Consistent legislation will enable law enforcement agencies to enforce the regulations
on the lake . Supervisor Valentino felt that it would be good to get something on the
books . The legislation is not perfect , but it is better than nothing . It could be monitored
during the year and then reviewed in the fall by the municipalities to see if there needs
to be a change . The Sheriff would know what is enforceable and what are not
enforceable and if more funding is needed to enforce the legislation . It is a fairly simple
law to get started and to see where it needs to go . She is not asking anyone to make a
decision on it at this point in time . Copies of the Lansing law will be mailed to the board
along with some additional basic information for the board to look at .
Councilwoman Grigorov felt the board should be careful not to pass something that is
not liked . Supervisor Valentino did not see anything wrong with the law Lansing passed
other than it was not going to be strong enough to be effective . The Town will not know
if the law will be strong enough to be effective until they try it . It might be enough to
make a difference . The Sheriff' s Department and State Parks Patrol will be responsible
for enforcing it . The Sheriff' s Department will have to buy some more equipment and
they are short staffed . The Board could spend a lot of time trying to figure out what the
perfect law is , but there are some real problems with the Sheriff or State Parks being
able to enforce it .
Councilman Stein felt the ability of enforcing the law is important . It is not a desirable
situation to have laws if the Town is not able to enforce them . If the Town is serious
about it , the Board might need to think about supplemental funding . Supervisor
Valentino responded that is why Lansing passed a basic law . The Sheriff would be able
to tell what they need to do better enforcement and the changes that are needed in the
law for better enforcement . Supervisor Valentino felt that they needed to start
somewhere and thought Lansing made the right move in passing the simple version .
Councilwoman Grigorov asked if the petition indicated which law it wanted passed .
Supervisor Valentino explained the petition is not specific . It mainly wants the
watercraft regulated . There will need to be something that is consistent so the Sheriff
can say someone is violating the law . The biggest problem for the Sheriff' s Department
will be deciphering municipal boundaries .
22
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9, 2004
Councilman Engman stated he does not know how people feel about what is too little
legislation and what is too much legislation . He also did not know how the Sheriff's
Department felt about what is and is not enforceable . Councilman Engman felt there
should be a committee from the affected constituencies to come up with a common
position . Supervisor Valentino stated that they have done that . The Town of Ulysses ,
Town and City of Ithaca , and Village of Lansing have been meeting and have met with
the Sheriff . The Water Resource Council has met and had subcommittees . There has
been a long and pretty thorough study .
Councilman Engman asked if they agreed on common legislation . Supervisor Valentino
responded that the committee' s deliberations are more restricted that what the Town of
Lansing passed , but the Water Resource Council has endorsed it . Supervisor Valentino
felt that most people working on the legislation did not think 500 feet was reasonable . It
seemed like too far out in the lake to restrict . The legislation did restrict the hours .
Supervisor Valentino asked the board to read the legislation passed by the Lansing
Town Board .
Councilman Burbank was in favor of taking action and felt it was long overdue because
Jet skis can change the atmosphere around the lake . Part of the problem is behavior in
the way that they are used .
Supervisor Valentino explained the Town of Ulysses if very conservative . It would be
very difficult to get a strict version passed . With the milder version , it will at least be 100
feet from the shore . Councilwoman Gittelman added that she has seen 100 feet as the
standard for other lakes .
Councilman Stein asked if there would be a public hearing before the legislation was
passed . Supervisor Valentino replied there would be a public hearing . She would like
to have the basic law in place for the February meeting and set a public hearing for the
March meeting . The board could review it again for the April meeting if it chooses .
Supervisor Valentino offered to have board members come in and talk to her if they had
further concerns .
Association of Towns (Attachment #3 - 2004 Resolutions of the Association of
Towns
The Board has been provided with the resolutions that need to go the Association of
Towns meeting in February . The resolution committee has a group of resolutions of
items that they are going to ask towns to vote up or down . Towns are not given a
chance to change the resolutions , but are given an opportunity to add items at the
organizational meeting held that Sunday . The retirement system is calling for some
relief for the towns from the State . The Town of Ithaca has already passed support for
the collateral support resolution . The property tax exemption talks about the amount of
property that is exempt from New York State and asking for help with it .
23
Organizational Meeting of the Itliaca Town Board January 5 , 2004
Approved February 9 , 2004
Councilman Burbank thought the last resolved in the property tax exemption resolution
was unclear. Supervisor Valentino added that they might be able to get clearer
language .
Other resolutions to be voted on include condominium assessments and cable franchise
fees . The cable company is able to deduct from their tax assessment their payment to
the Town and the resolution states they should not be given the credit . The unfunded
mandates resolution is rolling back the payments . New York and California are the only
states that passed the Medicaid costs down to local governments .
Supervisor Valentino did not like the way the prevailing wage resolution was worded .
Before , it talked about taking away the wic ' s requirements where separate contractors
were needed for plumbing , building , etc . Now , they do not want to pay the prevailing
wage . Supervisor Valentino felt it was counterproductive . People need to be paid the
prevailing wage . They should not be making minimum wage and should have adequate
training . The wording makes it difficult for Supervisor Valentino to support the
resolution . Councilman Stein felt the prevailing wage provision protect workers . (John
Barney's comments not audible) . Wic ' s law was added so smaller contractors could get
the work . Prevailing wage puts smaller contractors in the same range as larger
contractors as payroll . The Town of Ithaca is able to oversee the various contracts .
Small municipalities do not have the ability to coordinate the various contractors .
Supervisor Valentino felt that taking away the prevailing wage means that a lot of
people will be doing quality work for a very small amount of money . It is not the way it
should work . Councilwoman Grigorov thought that Supervisor Valentino should tell the
association why the Town of Ithaca was not supporting the resolution .
The last resolution before the association is Tort Reform . Supervisor Valentino is
unsure of her position on the resolution . Attorney Barney explained that the tort reform
is basically saying that municipalities can take advantage of court claims , which
removes it from the jury . These awards are not as generous as they may be with the
jury .
Supervisor Valentino and Councilman Burbank will be voting on the resolutions in
February at the Association of Towns . Councilman Burbank explained that the
resolutions would be passed on to the State legislature . He thought it might be useful to
get a representative to the committee that drafts the resolution .
Mr. Carvill asked to comment on the retirement system resolution . He explained that
extending the payback period from 15 years to 30 years creates fiscal stress . Mr .
Carvill feels the State is not assisting the local municipality by extending the loan at an
8 . 5 percent interest rate . Extending the load with reduced interest rates would benefit
the local municipality .
Agenda Item No . 14 - Report of Town Committees
24
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Capital Projects and Fiscal Planning Committee
This committee will start meeting again this month
Cayuga Lake Watershed Intermunicipal Organization
Committee did not meet due to the weather.
Codes and Ordinances Committee
Next meeting is January 21 , 2004 . The Committee will be looking at work plan priorities .
It also has been working on revising the fees local law and the fee structure . The
Town ' s Environmental Review Law is also being looked at .
Public Works Committee
The Committee has not met since November 2003 .
The West Hill Water Project is moving forward . The pipe is in the ground . Bolton Point
water is being fed into Inlet Valley .
The transmission line is down from South Hill to Buttermilk Falls and is active . The tank
on Bostwick Road is being disinfected and will be on line by the end of the week . The
tank at EcoVillage has been filled and disinfected . The Town is waiting for the chlorine
level to drop so it can be put on line .
The pipe is in at Coy Glen Road and the pump station foundation should begin this
week . The pump station should be up in the next month . It should be operational in two
months .
The power has been run into the new pump station on Woolf Lane for the Town of
Ulysses water project . It should be operational in the month . The Town will be running
off the new tank built by Ulysses on Iradell Road .
The Glenside neighborhood has increased water pressure by 50 pounds . Residents did
not realize the implications of that . They were notified by Bolton Point of potential
problems . Councilman Burbank felt that something more should be done in the future
to let residents be aware of the potential problems . Mr. Walker and Supervisor
Valentino thought they could have been more descriptive in the notices . Pressure
regulators will regulate the pressure valve in houses .
Additional Agenda Item No . 1 - Consider Authorization for Harvard Leadership
Series
TB RESOLUTION NO. 2004-009: Authorization for Harvard Leadership Series
WHEREAS, the Harvard Leadership Series, is being held at Tompkins Cortland
Community College on February 6, 13, 20, 27, and March 5 2004; and
25
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
WHEREAS, attendance at the said program will benefit the Town of Ithaca by
providing additional training to Judith Drake, Human Resources Manager and Alfred
Carvill, Budget Officer;
Now, therefore, be it
RESOLVED, that the governing Town Board of the Town of Ithaca does hereby
authorize Judith Drake, Human Resources Manager, and Alfred Carvill, Budget Officer,
to attend Harvard Leadership Series, being held at Tompkins Cortland Community
College on February 6, 13, 20, 27, and March 5 2004; and be it further
RESOLVED, the cost not to exceed $600 is to be expended from A 1430. 429,
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye, Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
Additional Agenda Item No . 2 - Authorization for Attending " Flow to be a Better
Trainer " Seminar
City and County budgets for training have been cut . The Town , , City and County will be
doing some of the training in - house . Mrs . Drake wanted to take a refresher on training .
TB RESOLUTION NO. 2004-010: Authorization for Attending "How to be a Better
Trainer" Seminar
WHEREAS, the How to be a Better Trainer Seminar, is being held in Rochester,
NY, on Wednesday, February 4, 2004; and
WHEREAS, attendance at the said program will benefit the Town of Ithaca by
providing additional training to Judith Drake, Human Resources Manager;
Now, therefore, be it
RESOLVED, that the governing Town Board of the Town of Ithaca does hereby
authorize Judith Drake, Human Resources Manager, to attend the How to be a Better
Trainer, being held in Rochester, NY, February 4, 2004; and be it further
RESOLVED, the cost not to exceed $300 is to be expended from A 1430. 410.
26
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9, 2004
MOVED: Councilwoman Grigorov
SECONDED: Councilwoman Gittelman
VOTE: Supervisor Valentino, aye; Councilwoman Grigorov, aye; Councilman Lesser,
aye; Councilman Burbank, aye; Councilman Stein, aye; Councilwoman Gittelman, aye;
Councilman Engman, aye.
Correspondence
The board received a letter from the Mayor regarding PEGASYS . Councilman Burbank
volunteered to be the Town representative .
The Mayor also wrote a letter apologizing to the Town regarding the contract on the
phosphorous removal project . The Town made a strong point to the City . It has
happened many times where the City has unilaterally made a decision to go ahead
without the consent of the other two partners of the waste water plant . It was a big error
on the City' s part with moving ahead with the phosphorous removal project . Hopefully
they will be more careful in moving forward to make sure it does not happen again .
Supervisor Valentino was pleased to get the letter . Mayor Cohen spoke with Mayor
Peterson about the letter as well . She hoped it would set tone for better communication
between the partners .
Other Business — Setting a Public Hearing to Consider Rezoning Overlook at
West Hill
Mr. Kanter indicated it is likely that the project will be going back to the Planning Board
on January 20th , and if it does , it will be ready to come back to the Town Board at the
February 9th Town Board meeting .
Councilman Burbank stated it is a very significant project . He is very nervous about
issues that have emerged that the Town Board should be aware of .
Councilwoman Gittelman — What is Overlook ?
Supervisor Valentino — Remember when we went up on west hill for the affordable
housing project? That is Overlook . The Town of Ithaca ' s responsibility is the rezoning .
everything else is handled by the Planning Board , but as Will mentioned , there are
some issues that have been raised there so it will be important to see what their
recommendations are to us . We will probably want to discuss them in depth before we
decide if we want to do the rezoning or not . Our issue is specifically the rezoning issue .
Councilman Burbank — Is there any reason we would have to have that hearing the
same night as the vote ? Could we delay the vote until the following month ?
Supervisor Valentino — We could do that .
27
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Councilman Burbank — Just being aware of the kind of concern that was raised when
we did the zoning . The public perception that there is the hearing and then its done . I
understand with the zoning having worked on it and having multiple hearings that there
were many opportunities . This is a major project . We felt good enough about it to pass
it on to the Planning Board because we felt it has a lot of positive aspects . I guess I
really want to have a chance for the public to come out and express concerns and . . .
Supervisor Valentino — They' ll be doing that at the Planning Board .
Councilman Burbank — They' ll be doing that at the Planning Board as well .
Supervisor Valentino - That is mainly where they should do it , actually .
Councilman Burbank — In terms of the design issues and whatever, but in terms of the
question of zoning , if they have concerns on that it is appropriate for this board to hear
them , think about them .
Councilwoman Grigorov — They go into that at the Planning Board .
Mr. Kanter — Hopefully what we would also do is , if the draft minutes from that Planning
Board public hearing were ready , we would send that on to the Town Board also . So , if
you were unable to attend that meeting you would be able to review all the issues that
were addressed there .
Councilwoman Grigorov — But we do want to have time to fully discuss it after the
people have talked .
Councilman Lesser — I would presume that the developers even under the best and
most optimistic schedule wouldn 't intend to get started until the spring . Should we delay
another month , there really wouldn 't have any significant impact , would it ?
Mr. Kanter — The issue that we have heard from the developer is because of the low
income housing tax program that they were applying for from the State Division of
Hkousing and Community Renewal , they have a deadline of submitting their application
in March . From what they have been representing , they would like to have as much of
the approvals from the Town as possible to get more points . . .
Councilwoman Grigorov — When in March do they have to have in by? Is it the end of
March ?
Mr. Kanter — I ' m not positive . From their point of view , they are trying to advance the
project as quickly as possible . Obviously , that is not the primary concern of the Town
Board . It was just so that you would be aware of it .
Supervisor Valentino — I think an important thing to think about , and I know public
perception is often important , but the public hearings are there and if they are paying
28
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
attention to them and they are publicized so people know about them . . . in my own
mind , my guidelines are if in this case where the Planning Board is doing most of the
work and the recommendations and we read through that and we look at what they
have done and if we have questions on stuff that we think they might have overlooked ,
then we need to address that to them . Basically , if something comes forward in public
hearing and no new or different issue has been raised or hasn 't already been
adequately been covered , then I am ready to vote because I think that is what we
should do . It is our responsibility and that ' s our job . But there have been many public
hearings that we have had in the past where the public has come in and , in fact , that is
one of the reasons we delayed the zoning ordinance , they made some very good points
of some very important things that we said that they are absolutely right . We need to
look at this closer. There are things that we need to look at closer or there is not all the
information that each one of us has in front of us to make that decision , then absolutely ,
we should delay it because we shouldn 't be voting on things where there are still
questions in our minds about it . It is our responsibility to try to get as many of those
questions answered in our own mind and be ready to vote when we have a public
hearing if we can do that . I think that is our responsibility to try to do that .
Councilwoman Gittelman — I have a question . When you announce a public hearing , do
people know in that announcement . . . I have a feeling that in the previous public hearing
in November that were people there who for whatever reasons thought that they were
actually giving input , but everybody here knew that they had had all that input already .
So when you announce that there is a public hearing , do people know that this is for last
minute thoughts about things that might come up that have not come up before , but that
basically this issue has been almost resolved . I how do you say to them . . .
Attorney Barney — I think what really happens is that people come into these public
hearings , under the assumption that this is the first time the board is hearing about this
project and that the point they are making are new and novell and have never been
heard before when in actuality , most of the time most of the comments that come in the
public hearing , it is the sixth or seventh time that they have been raised or they have
been raised at the staff level and there have been staff reports that dealt with them . It is
not a new issue . People perceive that then we go ahead and vote and we are not
paying attention and in fact the matter has been paid attention to and the deciscion is
reached and thought about .
Councilwoman Gittelman — That is exactly the point I ' m bringing up . Is there anyway of
letting people know that this has been discussed many , many times and we just want to
make sure that we haven 't . . .
Councilwoman Grigorov — Well , Cathy can tell them that . It is very frustrating to come
to the meeting , talk and then everyone says thank you and there is no response .
Supervisor Valentino — But we have already heard it six times .
Councilwoman Grigorov — We could give a quick explanation .
29
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Councilman Burbank — In this particular situation where a large number of people went
to the Planning Board meeting , they actually had three very large development issues . I
personally talked with several people who are very frustrated because there simply
wasn 't time for them to have an opportunity to speak . The opportunity to speak was
very limited at that meeting just by the agenda .
Attorney Barney — That wasn 't a public hearing . It was sketch plan .
Mr. Kanter — There was a whole meeting for the Overlook project . So although that first
one you mentioned was a series of three different projects , this next meeting was
exclusively for Overlook .
Councilman Burbank — Did a number of people choose to speak at that meeting ?
Mr. Kanter — It wasn 't a huge crowd . There were about eight to ten people speaking .
Then the Planning Board made it clear they will be holding another public hearing .
Supervisor Valentino — It would be good for board members to come and sit and listen
to the dialog .
Attorney Barney — Part of the problem is the way the statue is laid out in that the Town
Board before you can rezone has to have in front of you the proposed local law
theoretically 10 days in advance , then you hold a public hearing on that local law , if you
change the local law you have to hold another public hearing . The cost of holding a
public hearing is minimal , but the cost of advertising it and so forth is . . .
Mrs . Hunter — It is $35 or $50 .
Councilwoman Gittelman — I don 't know the words to use because I ' m not that
cognizant of how public hearings are held . I ' m gathering that it is mandated and that is
why you do it . However , is it not possible to either in the agenda or the announcement
when it is sent out or as the public hearing is being announced here to say this public
hearing is for review? Each time say this is our second public hearing , this is our sixth
public hearing . Something that lets people know that they are not coming in brand new .
Supervisor Valentino — That is a good idea . We almost always on big issues like that
have more than the mandated amount of hearings .
Councilwoman Gittelman — This is just announcing what has gone on in making the
statement about what it is . If you are talking on the telephone to someone and you
know you have to hang up in two minutes and they think they are settling in for a long
while , it breeds resentment . But if you say right from the get go this is what this hearing
is for.
30
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Supervisor Valentino — We say what it is for , but we don 't say how many times we have
been through it and review it .
Councilman Engman — Here is one person who has never been through it and who will
have to vote . So I don 't know that that argument applies to me .
Supervisor Valentino — Well , you need to go to this public hearing if you can at the
Planning Board .
Councilman Engman — But now I ' m confused because . . . do we have a right . . . Here is
something I don 't know . Do we have the right to question the decision the Planning
Board made or not?
Supervisor Valentino — Absolutely .
Councilwoman Grigorov — In this case , we have to rezone . Only if we have to rezone .
Otherwise , if they are just doing something that is already legally under the zoning
ordinance we don 't have a right to interfere .
Councilman Engman — But I don 't participate in the Planning Board . If a citizen wants to
come up to a Town Board Member and bring up a new issue , I don 't think it is
satisfactory to say to those citizens that somebody else heard you and rejected your
point of view and you can 't bring it up again with me .
Councilwoman Grigorov — I see what you mean .
Councilman Engman — If it is , I for one would like to know the rules as to whether in fact
we can hear something that the Planning Board has already had a public meeting on
and made a decision about or not .
Councilwoman Grigorov — We can go against what the Planning Board decides .
Councilman Engman — So then if in fact we can go against what the Planning Board
decided . . .
Supervisor Valentino — We can 't . We have to be careful . On the zoning issue , we can .
Our Planning Board , in the way it is set up , we have to be careful .
Supervisor Valentino — Rezoning is the Town Board ' s decision .
Councilwoman Grigorov — Nothing can happen if we don 't rezone .
Councilman Stein — That is a Board responsibility .
Mr. Kanter — For that matter , the Town Board never had to even entertain the rezoning
request to begin with .
31
Orcyanizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Councilman Engman — I ' m not trying to ruffle the substance of the matter . I ' m talking
about the procedure that if in fact , it is appropriate for the Town Board to make its own
decision even though there has been a contrary decision then I think it is appropriate for
people to come in and give their arguments again to this new body . It is not appropriate
to say that we are not going to listen those because somebody else . . .
Attorney Barney — I don 't think anybody is saying not to listen . I think what we were
addressing was the perception that these people come in and make the argument and
then the board turns around and votes exactly the opposite of what they made their
argument . If they don 't understand that the argument that they are making is not a new
presentation to the board . . .
Councilman Engman — Are you talking about a presentation to the board or a
presentation to the Planning Board ?
Attorney Barney — I ' m speaking of this board . Quite frequently we ' ll have an information
meeting or a public hearing and then another public hearing .
Councilman Engman — That is fine . I was just remarking sitting here listening to you
that I have not had such an opportunity to hear these arguments before .
Attorney Barney — You certainly want to hear them .
Councilman Engman — I don 't think the answer to the question should be come to the
Planning Board and here them . I might come for educational purposes , but just
because the Planning board has in fact made a decision doesn 't keep me from making
the contrary decision .
Councilman Lesser — But they are not making a decision , they are making a
recommendation . In terms of rezoning , that is a board responsibility so the Planning
Board can only make a recommendation . The benefit for going to the Planning Board
meetings since you perhaps haven 't been to any is to understand how they operate and
what they do and what their review procedure is and how they conduct their public
hearing . Indeed , a lot of people often show up if there is a controversial issue at the
Planning Board meetings .
Councilwoman Grigorov — Yeah , you go and find out .
Councilman Lesser — I think it is a different matter if we go through all that process and
then somebody comes up to us and says well I really think those apartments should be
painted green and the Planning Board said they ought to be blue . We don 't get into
that . We have essentially devolved to the Planning Board the responsibility to interpret
and implement the zoning ordinances .
32
�I
I
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Mr. Kanter — One area that I think that gets into a little of what Sandy was raising as the
perceived issue has to deal with environmental issues . The Town Board would refer the
rezoning request to the Planning Board and also ask the Planning Board to take lead
agency status for the environmental review . So all of the detailed environmental
reviews happen at the Planning Board , the traffic analysis , the drainage studies and
detail environmental reviews happen in detail at the Planning Board . Then if they do
make a negative determination of environmental significance , which is really necessary
for them to move on to the recommendation , it comes back to this board and the
environmental determination has been made because you basically relinquished your
authority to do that . So that is a bit of a perceptual problem when the public comes in
and they hear now you can 't consider traffic , now you can 't consider the drainage which
I think are issues , well if they were issues to them then they should have expressed that
during the Planning Board meeting . maybe the didn 't or maybe they did and they just
don 't feel that the Planning Board looked at it . They will raise it again . You will tend to
hear those kinds of things .
Councilwoman Gittelman — I don 't know if you are talking to my suggestion , but if you
are , it comes from the fact that there were some very hard feelings at the end of the last
hearing on an issue related to the same project because some of the people here giving
their opinions were not aware that the vote was going to be taken and that this was
meeting number six .
Supervisor Valentino — Are you talking about the Zoning Ordinance ?
Councilwoman Gittelman — Yes , about the agricultural zoning ordinance and the man
who came up at the end of the meeting and said specifically that you asked us here . . .
Supervisor Valentino — I wasn 't to affect by that , quite frankly .
Councilwoman Gittelman — But I think it doesn 't hurt to let people know where you are in
the process .
Councilman Lesser — I think that is a great idea . I think we ' ll do that . It is an excellent
suggestion .
Supervisor Valentino — The majority of the people who were here had been at several
other hearings , actually . We get used to seeing them . Mr . Gildersleeve , who doesn 't
even live in this county and just recently bought land here , so he was sort of a separate
and different case because he was out of the loop .
Councilwoman Gittelman — I understand that .
Supervisor Valentino — There were probably some people here that hadn 't been to
some of those other hearings and that is why giving your explanation would be really
important . But I ' ll tell you right up front , we ' ve seen over and over again that people get
up and complain that there wasn ' t a hearing or those hearings when we known that
33
Organizational Meeting of the Ithaca Town Board January 5 . 2004
Approved February 9 , 2004
we 've seen them at those meetings over and over again . It is kind of a two way street ,
but I think your point is right . It is a good suggestion .
Councilwoman Grigorov — I do think if there is something that you want to explain more ,
you should not hesitate to get it explained by John or Cathy at the meeting . it will
benefit the public , too , to get the information .
Supervisor Valentino — Remember, when we have the public hearing and we are at the
point where you want take the notes of what you ' ve heard the people say and like that ,
once I close the public hearing it brings it back to us . Then you need to bring up all the
different questions and points that you wrote down and see if they get adequately
answered . If they don 't get adequately answered , then you don 't want to vote in favor of
that moving forward then . Will was absolutely right . We need to move on with that , but
I think we try very hard at the time when we finally get to a public hearing that we 've got
all the information that we know about . Usually when we defer things it has been , oh ,
somebody has brought up a really good issue that we haven 't heard six times .
Councilman Engman — The conversation has slipped back and forth between a number
of different issues that have got different histories to them . I was talking about the one
that Will brought up , mainly the Overlook project . So how many . . . what is the history ?
Has this board presumably heard people at public meetings on the Overlook project or
not?
Mr. Kanter — Yes , during the initial review there was public comment .
Councilman Engman — I ' m talking about the board members , the people who are sitting
here .
Supervisor Valentino — We had public comment on the Overlook . It wasn 't a public
hearing , but people came and we allowed all of them to speak for as long as they
wanted to on that issue in front of us . We have done that .
Councilman Burbank — And that was is in the context of the decision to refer it to the
Planning Board . As you probably already noticed , we have multiple public hearings .
Frequently , we 've had meetings where there are 20 public hearings and a lot of them no
one shows up and we are legally bound to do that . But there are those issues which
are very substantive and very complicated . I ' m thinking that we may want to on
occasion build more time after the public hearing for us to reflect on what we 've heard
before making a final decision . The City pretty routinely defers a month on many , many
issues as I understand . So it is not my interest to create huge problems for this
development if there is an application deadline . It sounds like we might be able to
actually talk about this in March and still allow them to meet the funding deadline , but
maybe you could let us know , Jonathan .
Supervisor Valentino — This is a big . . .
34
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Councilman Burbank — This is a very substantial project .
Supervisor Valentino — Okay , so this comes before the Planning Board on January 20tH
Mr. Kanter — The final agenda has not been set . It is tentatively January 20th and we
will let you know if it is , at what time .
Supervisor Valentino — So people could hear those issues before it comes back to us
for the zoning thing .
Councilwoman Grigorov — Actually , I think if any of us could go , it would be a good idea
to go to that meeting . Did all three of you get to go on the walking tour of the site ?
Councilwoman Gittelman — Yes .
Councilwoman Grigorov — I think it was great that you were able to come .
Other Business — Resignation of Town Justice
Supervisor Valentino informed the Board that Ray Bordoni , Town Justice , is going to
retire at the end of March . An interim justice will need to be appointed until the next
regular election in November. Bud Larkin , Town Justice , health is not well . The Town
currently has an interim justice for Justice Larkin until May .
Councilwoman Grigorov asked if the Town Board could appoint a justice . Supervisor
Valentino responded that they could . She knew of someone that would be interested .
Traditionally , the two leading political parties , Republican and Democratic Committee ,
are asked to put names forward to the Board to consider . Councilwoman Grigorov felt
the public should know as well . There might be people interested that are not involved
in politics . The justice does not have to be a lawyer . There is training that they have to
go through .
Councilman Lesser suggested the Board ask Justice Bordoni if he has a
recommendation . Supervisor Valentino responded that Justice Bordoni has a
recommendation and it is someone that she thought everyone would approve of .
Attorney Barney stated that the board would need to pass a resolution accepting Justice
Bordoni ' s resignation and then appoint an interim Town Justice . Mrs . Hunter suggested
that it be put on the February agenda .
Mrs . Drake explained that Justice Bordoni would like the board to appoint someone
quickly so that he had the opportunity to train the new Justice . There is mandatory
training before they can take the oath .
Executive Session
35
Organizational Meeting of the Ithaca Town Board January 5 , 2004
Approved February 9 , 2004
Upon motion by Supervisor Valentino , seconded by Councilwoman Grigorov , the board
entered into executive session at 8 : 52 p . m . to discuss possible candidates for the
interim Justice .
Upon motion by Councilman Lesser, seconded by Supervisor Valentino , the board
returned to regular session at 9 : 10 p . m .
Adjournment
Upon motion by Councilwoman Grigorov , the meeting was adjourned at 9 : 15 p . m .
Respectfully submitted ,
C
arrle Coates Whitmore
Deputy Town Clerk
NEXT REGULAR MEETING — February 9 , 2004
36
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Organizational Meeting of the Town Board - 1 / 5 / 04 ATTACHMENT # 2
AGREEMENT FOR THE EXPENDITURE OF HIGHWAY MONIES
AGREEMENT between the Town Highway Superintendent of the Town of Ithaca , Tompkins
County , New York and the undersigned members of the Town Board .
Pursuant to the provisions of Section 284 of the Highway Law , we agree that moneys levied
and collected in the Town for the repair and improvement of highways , and received from the State
for State Aid for the repair and improvement of highways , shall be expended as follows :
1 . GENERAL REPAIRS . The sum of $ 118 , 000 shall be set aside to be expended for primary
work and general repairs upon 7 miles of town highways , including sluices , culverts and
bridges having a span of less than five feet and boardwalks or the renewals thereof .
2 . PERMANENT IMPROVEMENTS . The following sum of $23 , 000 shall be set aside to be
expended for the permanent improvement of town highways , including paving , guide rails , etc .
The following sum of $30 , 000 shall be set aside to be expended for the permanent
improvement of Evergreen Lane to repave approximately . 15 miles of the road and install
underground drainage from the intersection of DuBois Road to the end of the road .
The following sum of $ 150 , 000 shall be set aside to be expended for the permanent
improvement of rebuilding Caldwell Road from the intersection of Forest Home Drive to the top
of the hill .
The following sum of $40 , 000 shall be set aside to be expended for the permanent
improvement of Rich Road to have a pavement overlay on . 25 miles of this road , which will
include full depth reclamation of base and 2 " top .
Executed in duplicate this 5 " day of January 2004 .
A00 plt)(24�
Coun erson ouncilp n
Co ncilpe son Councilperson
C8- ncilperson Cou c' ilp/e) rso+n
Supervisor Town Highway Superintendent
TE : This Agreement should be signed in duplicate by a majority of the members of the Town
and and by the Town Highway Superintendent . One copy must be filed in the Town Clerk's office
and one in the County Superintendent ' s office . THIS FORM NO LONGER HAS TO BE SIGNED BY
THE COUNTY SUPERINTENDENT ( 1994) . COPIES DO NOT HAVE TO BE FILED IN ALBANY.
Organizational Meeting of the Town Board 1 / 5 / 04 ATTACHMENT # 3
2004 RESOLUTIONS
' As Reported By the Resolutions Committee of the Association of Towns
1 . NYS and Local Employees ' Retirement System Payments
WHEREAS , towns and all local governments across the State are facing staggering increases in
their 2004 pension costs despite certain welcome and helpful reforms adopted in the Spring of
2003 ; and
WHEREAS , the increase in local pension costs for 2004 alone -- $ 1 . 1 billion — exceeds the total
of all general purpose aid received by municipalities (outside of New York City) by more than
125 % ; NOW , THEREFORE BE IT
RESOLVED, that the Association of Towns calls upon the Comptroller, the Governor and
Legislature to agree on further measures which will provide important relief in the short term for
these dramatically rising pension obligations, including but not limited to , the ability to access
existing reserve fund monies for 2004 bill payments , authorization to create and set aside monies
in a reserve fund for future pension contributions , and expansion of the amortization period for
recent benefit enhancements from 15 years to 30 years .
2 . Collateral Source Legislation ,
WHEREAS , provisions of New York ' s Civil Practice Law and Rules (CPLR) subject public
employers, and only public employers , to a double recovery of lost future earrings in tort actions
brought by their employees ; and ,
WHEREAS , this present inequity exists because the CPLR as interpreted by New York' s Court
of Appeals requires that future lost earnings awards for public employees are not offset by
collateral sources such as a disability pension that the employee will also receive to replace his or
her lost earnings ; and
WHEREAS , amendments to the collateral source rule will eliminate this inequality and these
windfall recoveries and lead to significantly lower costs to municipalities and taxpayers
throughout the State ; NOW , THEREFORE BE IT
RESOLVED, that the Association of Towns calls for the enactment of legislation such as
S . 622/A . 3483 or S . 1406-A/A . 2106-A which would prevent "double dipping" in lawsuits against
public employers and ensure that plaintiffs do not profit at the expense of taxpayers .
3 . Property Tax Exemptions
I
WHEREAS , nearly one-third of the real property value across New York State is exempt from
taxation , and
WHEREAS , tax exemptions need to be more closely scrutinized so that homeowners and small
businesses do not continue to shoulder the costs of higher property taxes while groups and
organizations receive tax exemptions due to exemption laws which are among the most generous
in the Nation; NOW, THEREFORE BE IT
RESOLVED, that the Association of Towns supports legislative initiatives which would NOT
eliminate exemptions but rather place the burden of qualifying for tax exemption on the
organization claiming tax exempt status and by requiring such organizations to prove by clear and
convincing evidence to local assessors that the property is used exclusively for exempt purposes .
4 . Condominium Assessments
WHEREAS , section 339 -y of the Real Property Law has been interpreted by courts to limit an
assessor ' s method of establishing a condominium assessment to the income approach, resulting in
the assessment for each unit significantly under market value , sometimes by as much as 50 % or
more ; and
WHEREAS , further abuse of section 339-y now includes attempts by developers to take Iarge
tracts of land , construct large single- family houses on one or two acres and instead of simple
subdividing the property , establish a condominium with two classes of common areas , a limited
common area (consisting of all the parcels surrounding each residence) which is for the exclusive
use of the owner and occupant of the "condominium unit", and one general common area
consisting only of the roadways within the development ; and
WHEREAS , by structuring ownership of the property in the manner just described, section 339 -y
limits the assessing unit to setting assessments on all the units as if the property were a single
parcel , resulting in a steep reduction in what the assessment would otherwise be ; NOW ,
THEREFORE BE IT
i
I
RESOLVED, that the Association of Towns again calls upon the Legislature and the Governor to
repeal section 339 -y so as to provide equal treatment for all types of residential housing and to
prevent the continuing abuses of section 339 -y as described above .
5 . Cable Franchise Fees
WHEREAS , section 626 NYS Real Property Law provides that cable fi-anchise fees collected by
cable companies and paid to municipalities shall be a credit against any real property taxes
payable to the municipality ; and ,
WHEREAS , such credits can result in a loss of more than 520 , 000 in special franchise taxes
which would have otherwise been collected on the assessed value of the cable company ' s
property at current tax rates ; NOW , THEREFORE BE IT
RESOLVED, that the Association of Towns urges revision of the Real Property Tax Law such
that cable franchise fees collected by cable companies and paid to municipalities are not set off as
a credit against real property taxes payable to the municipality .
i
6. Unfunded Mandates
WHEREAS , the continuing rapid and uncontrolled increases in Medicaid costs continue to afflict
county budgets across New York State , and ,
i
WHEREAS , New York ' s highest in the nation Medicaid costs continue to drain both state and
local budgets and are a major factor in New York ' s having the highest local taxes in the nation ;
and
I
WHEREAS , paying for state and federal mandated programs with local taxes shifts the fiscal
burden of these programs from the income tax to rising local property and sales taxes which adds
disproportionate costs to farmers, seniors, local businesses and those least able to pay, with New
Yorkers paying 72 % more than the national average in local taxes ; NOW , THEREFORE BE IT
RESOLVED , that the Association of Towns calls upon the Governor and the Legislature to cap a
county ' s required contribution to mandated programs such as Medicaid at 2003 tscal year levels
and to begin to roll back the required local share of Medicaid funding for these programs .
I
1 7 . WICKS Law & Prevailing Wage
WHEREAS , the complexity of bidding and retaining multiple contractors for ongoing capital
building and infrastructure projects in the towns of our State results in substantially inflated costs
for managing these necessary public works projects; and,
WHEREAS , current provisions of New York State Labor Law define prevailing wage as the
wages paid under collective bargaining agreements which are a far cry from the true cost of labor
in many areas of our State ; NOW, THEREFORE BE IT
RESOLVED , that the Association of Towns again calls upon the New York State Legislature and
the Governor to honor prior commitments to take up the WICKS and Prevailing Wage issues and
to finally act to reform these twin burdens which afflict local government public works projects, a
burden New York ' s taxpayers simply can no longer afford .
8 . Tort Reform
WHEREAS , the costs of defending and paying liability claims in the U . S . have lilt $205 billion in
2001 , more than $25 billion over the previous year and an all time record ; and
WHEREAS , recent studies report that at these levels, Tort costs amount to a 5 % tax on wages and
$ 721 per each U . S . citizen, with annual increases in tort costs expected to be in the 7 - 11 % range
for the next several years ; and
WHEREAS , it is essential that New York State maintain a balanced civil justice system which
can serve as a guarantor and protector of individual rights and freedoms while preserving the
equally important democratic values of fairness and personal responsibility ; NOW , THEREFORE
BE IT
RESOLVED, that the Association of Towns urges the Governor and the Legislature to reform the
State ' s civil justice system and, in particular, to authorize towns and other local governments to
defend themselves in the non jury forum of the State Court of Claims where the State has been
privileged to defend itself since the demise of sovereign immunity more than 70 years ago .
Potential Additional Issues
Commercial Property Equalization Rates
Highway Aid
Volunteer Fire and EMS Services
Town Speed Limits
Assessor Financial Disclosure
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Organizational Meeting 1 / 5 / 2004 ATTACHMENT # 4
BARNEY , GROSSMAN , DUBOW & MARCUS
ATTORNEYS AT LAW
SENECA BUILDING WEST
SUITE 400 FACSIMILE
JOHN C . BARNEY
119 EAST SEN ECA STREET ( 607 ) 272 - 8806
PETER G . GROSSMAN
DAVID A . DUBOW ITHACA , NEW YORK 14850 ( NOT FOR SERVICE OF PAPERS )
RANDALL B . MARCUS
JONATHAN A . ORKIN ( 607 ) 27 3 - 684 1
KEVIN A . JONES
January 5 , 2004
Honorable Catherine Valentino
Town Supervisor, Town of Ithaca JqN
215 North Tioga Street
Ithaca, New York 14850 FSr 200¢
4�
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Re : Arrangements for Town Legal Counsel for the Year 2004
Dear Cathy :
As we have in the past, we are pleased to submit to you an outline for our suggested
arrangements for legal services to be provided by our office as attorney for the Town for the
calendar year 2004 . The proposed terms are virtually identical to those that were in effect for
2003 with the exception that the hourly rate that we are suggesting has been increased by $ 10 . 00
per hour. In recent years our increases in our municipal rates have been $ 5 . 00 per hour .
However, the increases in our basic rates have been somewhat more . We have tried to give our
municipal clients essentially a 15 % discount off of our regular rates, but at last year ' s rates the
discount was more like 22 % . The $ 10 . 00 increase will bring the discount to 17 . 5 % which is
closer to the historical arrangements . Should this rate cause a problem during the year, we will
certainly be willing to review it and , if you find it necessary, reconsider it . Generally speaking
our costs of doing business ( salary costs for employees , library expense, rent, etc . ) have increased
at a rate equal to or in excess of the suggested change . Having said the foregoing, we propose the
following :
1 . I agree to serve as Attorney for the Town for the year 2004 and such additional periods
as the Town Board may wish, subject to termination at any time as set forth below .
2 . Services would be on an " as needed" basis and as requested or directed by the Town
from time to time . Until otherwise directed , the services would include attendance at meetings of
the Town Board, Planning Board, Town Zoning Board of Appeals , Town Codes and Ordinances
Committee and Town Staff, advising Town governing bodies and individuals including the Town
Supervisor, Planning Board Chair, Zoning Board Chair, and Codes and Ordinances Chair on
BARNEY , GROSSMAN , DUBOW & MARCUS
Honorable Catherine Valentino
January 5 , 2004
Page 2
legal matters ; advising Town staff on legal matters ; review of legal documents ; preparation of
requested local laws , agreements, resolutions , and other legal materials ; negotiating contracts on
behalf of the Town ; representing the Town on litigated matters (when feasible , authorization for
such representation will usually be sought from the Town Board before appearing for the Town,
although occasionally emergency representation may occur after consultation with the Town
Supervisor) ; assisting Town bodies and staff in connection with legal matters relating to
development proposals , environmental matters , etc . ; responding when appropriate to legal issues
or questions posed by Town residents in relation to matters pending before a Town agency; and
providing such other duties as general counsel to the Town as may be requested or directed .
3 . Where appropriate, matters might be delegated to other lawyers in my office when
the expertise , economies , or time constraints make such delegation desirable from the Town' s
perspective .
4 . Generally, the fees for the services would be calculated on an hourly. basis .
Occasionally, as we have done in the past, when we determine that perhaps more time was spent
on a matter than might seem appropriate for the result obtained, the fee may be reduced . On rare
occasions , and after consultation with the Town, when the time spent is not truly reflective of the
value of the benefits obtained by the Town, we might request an upward adjustment for that
particular matter .
5 . For 2004, the hourly rate will be $ 165 . 00 subject to my comments earlier in this
letter .
6 . The arrangements outlined in this letter may be ended at any time by either party
for any reason, or for no reason at all . One of the essential elements of a successful client-
attorney relationship is mutual comfort with each other. If that does not exist, the Town should
not have to wait until the end of a year to seek other counsel . Obviously, if a change were being
contemplated by either of us , we would hope that whoever is deciding to end the relationship
would provide as much lead time as possible to the other so appropriate adjustments and
transitions might occur, but lengthy advance notice is not a required precondition to severing the
relationship . In the event of such severance , we would cooperate fully in transferring files and
information to the counsel chosen by the Town and would, of course , expect to receive the
agreed compensation up through the completion of the transition .
If the arrangements stated above meet with the Town's approval , perhaps it would be wise
to execute duplicate copies of this letter for our respective files . A space for such action is
provided below . If the arrangements are not acceptable, please let me know your concerns and
we can discuss them and see if we can reach mutually acceptable terms , and I will try and redraft
this letter so that it meets with your approval .
BARNEY , GROSSMAN , DUBOW & MARCUS
Honorable Catherine Valentino
January 5 , 2004
Page 3
We appreciate very much the opportunity to work with you and to serve the interests of
the Town .
, A( ery truly yours ,
l
JCB : sIs
The foregoing arrangements are acceptable t
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Dated : j
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Catherine Valentino , Town Supervisor
Town of Ithaca