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HomeMy WebLinkAboutRMAB Minutes 2024-01-01RMAB May 18, 2024 Agenda/Memo 1. Brief overview of last meeting – July 2023 2. Records Management status – Monica Moll on board 3. Immediate Issue a. Revisions to the Town of Ithaca Code, Chapter 1, Article 1, Adoption of Code: Section 1- 7 Amendments to Code states, essentially, that a printed copy of LL passed but not yet codified should be placed in the hard copy book. This has never been done in my 17 years here and the wording could be taken as keeping all changes in the book. Section 1-8 Code book to be kept up-to-date states almost the same. Seems at best repetitive or unnecessarily legalese/long. Current process is local laws are sent to General Code within 48 hours of adoption and are uploaded by them to the Town Code via eCode and appear on the left as New Local Laws not yet codified. The Code is codified approximately every 3 months unless we are aware another local law is soon to be adopted, then we hold off to save costs. Proposed local law to revise provided – Discussion: 4. Issue to begin thinking about for 2025 a. Building permits going public on Laserfische (LF) i. Concerns with large/sensitive building(s) 5. Goals – 2024 a. Complete ZBA packets being summarized and filed in property files b. Begin associating easements to properties in property files c. Begin scanning of Planning and Engineering large-scale drawings to LF d. Research & report on options for scanning pre-1950 Town Board minute books i. handheld scanner vs. sending out to specialized company 6. Goals/Concerns from Members and Staff a. Meeting yearly unless a matter comes up § 1-6. Copy of Code on file. Current A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Ithaca and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Ithaca by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of an abstract of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. Issue – Inaccurate and worded in a way our resolutions are by describing the acts leading up to an adoption of a LL is; it happened, not needed at all AND it is also stated in 1:1 Adoption of Code Comments – A copy of the Code, in loose-leaf form, has been filed in the office of the Town Clerk of the Town of Ithaca and shall remain there for use and examination by the public until final action is taken on this local law; (process, doesn’t make sense that this statement is here) and, if this local law shall be adopted, (why is an “if” in an adopted law?) such copy shall be certified by the Town Clerk (as the law changes, the certification would – never done) of the Town of Ithaca by impressing thereon the Seal of the Town, and such certified copy (which certified copy? We do at least 2 updates a year) shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of an abstract of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes. (Process, and even if not, has nothing to do with the section “Copy of Code on file.” And should be under 1:1 Adoption of Code” Option A Clean A copy of the Code, in loose-leaf form, is filed in a n d m a i n t a i n e d b y the office of the Town Clerk of the Town of Ithaca for use and examination by the public while said Code is in effect. A copy of the Code, in loose-leaf form, has been is filed a n d m a i n t a i n e d in the office of the Town Clerk of the Town of Ithaca and shall remain there for use and examination by the public until final action is taken on this local law; and, if this local law shall be adopted, such copy shall be certified by the Town Clerk of the Town of Ithaca by impressing thereon the Seal of the Town, and such certified copy shall remain on file in the office of said Town Clerk to be made available to persons desiring to examine the same during all times while said Code is in effect. The enactment and publication of an abstract of this local law, coupled with the availability of a copy of the Code for inspection by the public, shall be deemed, held, and considered to be due and legal publication of all provisions of the Code for all purposes. Option B – No change, just wordy with administrative acts leading up to the adoption and ambiguous wording regarding certified copies. 1-7. Amendments to Code Current Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable. Issue – implies one large book containing all amendments and supplements Comments Any and all (not needed) additions, deletions, amendments or supplements (add collectively hereinafter termed “amendments”) to any of the local laws, ordinances and resolutions known collectively as the "Code of the Town of Ithaca" (stated in 1:1 “hereinafter termed the “Code”) or any new local laws, ordinances or resolutions, (doesn’t “new” mean “amendments? It’s the only way to do it) when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, (when wouldn’t it?” remove and insert “adopted by the Town Board”) shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements.(amendments) Whenever such additions, deletions, amendments or supplements (amendments) to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted(codified) into the loose-leaf book containing said Code as amendments and supplements thereto (not what we do - we replace and update, not amend or supplement”). Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable. (not needed – says that in first sentence – “when enacted or adopted” this local law is literally establishing the Code, so how could “this local law” affect the status of its own contents? And, if needed, shouldn’t it be in 1:1?) Option A Clean Any additions, deletions, amendments or supplements, hereinafter collectively termed “amendments”, to the Code shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such amendments. Whenever such amendments to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, codified into the loose leaf book containing the Code. Any and all additions, deletions, amendments or supplements to any of the local laws, ordinances and resolutions known collectively as the "Code of the Town of Ithaca" or any new local laws, ordinances or resolutions, when enacted or adopted in such form as to indicate the intention of the Town Board to be a part thereof, shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such additions, deletions, amendments or supplements. Whenever such additions, deletions, amendments or supplements to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, inserted in the loose-leaf book containing said Code as amendments and supplements thereto. Nothing contained in this local law shall affect the status of any local law, ordinance or resolution contained herein, and such local laws, ordinances or resolutions may be amended, deleted or changed from time to time as the Town Board deems desirable. 1-8. Code book to be kept up-to-date Current It shall be the duty of the Town Clerk to keep up-to-date the certified copy of the book containing the Code of the Town of Ithaca required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein. Issue – repetitive and the process listed has not been done in my 15+ years here & only locals laws are codified into the Code It shall be the duty of the Town Clerk to keep up-to-date the certified o ff i c i a l copy of the book containing the Code of the Town of Ithaca. required to be filed in the office of the Town Clerk for use by the public. All changes in said Code and all local laws, ordinances and resolutions adopted by the Town Board subsequent to the enactment of this local law in such form as to indicate the intention of said Board to be a part of said Code shall, when finally enacted or adopted, be included therein by temporary attachment of copies of such changes, local laws, ordinances or resolutions until such changes, local laws, ordinances or resolutions are printed as supplements to said Code book, at which time such supplements shall be inserted therein Clean It shall be the duty of the Town Clerk to keep up-to-date the official loose-leaf copy of the Code. 1-9. Sale of Code book; supplementation Current Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Town Board in accordance with applicable law. The Clerk may also arrange for procedures for the periodic supplementation of the Code. Issue - Unnecessary- FOIL and established costs under FOIL and now available online. Copies of the Code, or any chapter or portion of it, may be purchased from the Town Clerk, or an authorized agent of the Clerk, upon the payment of a fee to be set by the Town Board in accordance with applicable law. The Clerk may also arrange for procedures for the periodic supplementation of the Code. Clean - Deleted I don’t know how this is applicable, possibly when it was hard copy only, but now online. And imprisonment? TOWN OF ITHACA LOCAL LAW NO. OF THE YEAR 2024 A LOCAL LAW AMENDING CHAPTER 1 OF THE TOWN OF ITHACA CODE, TITLED “GENERAL PROVISIONS” ARTICLE 1 TITLED “ADOPTION OF CODE” TO UPDATE PROCEDURES CONTAINED THEREIN Be it enacted by the Town Board of the Town of Ithaca as follows: Section 1. Chapter 1 (General Provisions) of the Town of Ithaca Code, Article 1 titled “Adoption of Code”, Subsections 6 through 9 are deleted in their entirety and replaced with new subsections 6 through 9, reading as follows: § 1-6. Copy of Code on file. A copy of the Code, in loose-leaf form, is filed in a n d m a i n t a i n e d b y the office of the Town Clerk of the Town of Ithaca for use and examination by the public while said Code is in effect. 1-7. Amendments to Code Any additions, deletions, amendments or supplements, hereinafter collectively termed “amendments”, to the Code shall be deemed to be incorporated into such Code so that reference to the Code shall be understood and intended to include such amendments. Whenever such amendments to the Code shall be enacted or adopted, they shall thereafter be printed and, as provided hereunder, codified into the loose leaf book containing the Code. 1-8. Code book to be kept up-to-date It shall be the duty of the Town Clerk to keep up-to-date the official loose-leaf copy of the Code. 1-9. Sale of Code book; supplementation deleted Section 2. In the event that any portion of this law is declared invalid by a court of competent jurisdiction, the validity of the remaining portions shall not be affected by such declaration of invalidity. Section 3. This local law shall take effect immediately upon its filing with the New York Secretary of State.