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HomeMy WebLinkAboutTB Minutes 1993-04-20 • INDEX SPECIAL TOWN BOARD RESOLUTIONS APRIL 20 , 1993 TOWN BOARD MEETING RESOLUTION # DESCRIPTION OF RESOLUTION # 119 Lifting From The Table - LL Amending the Town of Ithaca Zoning Map # 120 SEQR - Rezoning 237 Coddington Road # 121 LL Amending the Town of Ithaca Zoning Map For the Rezoning of 237 Coddington Road # 122 Local Advisory Board of Assessment Review - Appointments # 123 Authorization for Town Engineer to Attend Meeting • _ " . , . . . i Town of Ithaca Special Town Board Meeting Minutes April 20 , 1993 At a special meeting of the Town Board of the Town of Ithaca , Tompkins County , New York , held at the Town Hall , 126 East Seneca Street , Ithaca , New York there were present : PRESENT : Shirley Raffensperger , Town Supervisor John Whitcomb , Town Councilman Patricia Leary , Town Councilwoman - Frank Liguori , Town Councilman OTHERS PRESENT : John Barney , Town Attorney Betty Poole , Deputy Town Clerk Dan Walker , Town Engineer Scott McConnell , Highway Superintendent Floyd Forman , Town Planner ALSO PRESENT : Orlando Iacovelli Edward Mazza David Auble Kinga M . Gergely EXCUSED : Catherine Valentino , Town Councilwoman Karl Niklas , Town Councilman David Klein , Town Councilman Pledge of Allegiance : The Town Supervisor led the assemblage in the Pledge of Allegiance . Call to Order : The Town Supervisor called the meeting to order at 12 : 30 p . m . Agenda Item No . 3 - PERSONS TO BE HEARD Supervisor Raffensperger asked if anyone in attendance wished to be heard . As no one came forward , she proceeded to the next agenda item . Agenda Item No 4 - Consideration of action taking from the table a " Local Law Amending the Town of Ithaca Zoning Map to rezone tax Parcels No . ( 6 ) 54 , - 7 - 41 and ( 6 ) 54 . - 7 - 43 , Located at 237 Coddington Road , From Residence District R - 9 To Multiple Residence District MR " . Motion made by Councilman Whitcomb , seconded by Councilman Liguori , lifting from the table , a Local Law Amending the Town of Ithaca Zoning Map to rezone tax parcels No . ( 6 ) 54 . - 7 - 41 and ( 6 ) 54 . - 7 - 43 , i i i Special Town Board Meeting 2 April 20 , 11993 located at 237 Coddington Road , from Resident District R - 9 to Multiple Residence District MR . Carried Unanimously , Supervisor Raffensperger stated that the Town Board had held a public hearing on this matter at its regular March meeting of the Town Board and closed the public hearing however she would entertainiany comments regarding the action to be voted on today . Supervisor Raffensperger questioned whether or not all of the documentation that the Board had requested has been made available prior to entering into this action . i Attorney ( Barney explained that there is one minor detail with regard tol the subdivision map . They are not entirely sure as to whether or not this needs to be signed by the Tompkins County Health Department since the number of lots had been decreased from 12 to 4 . The Health Department gets involved when you have 5 or more lots . Whether the Town ' s portion throws us into the 5th lot category ,) is unknown . The map has been signed by the Tompkins County Assessment Office and by the chairperson of the Town of Ithaca Planning Board . He suggested that the Town proceed and if approvallis needed by the Tompkins County Health Department , they could obtain it on a separate map . He further stated that Edward Mazza , attorney for Mr . Iacovelli , has assured him that they will do whatever is necessary to get this process finalized today . Supervisor Raffensperger asked if Mr . Iacovelli understood the Town ' s policy regarding the payment of the property taxes . She informed Ithe Board that in 1990 when Tompkins County did their reassessment , the Town of Ithaca was in the process of taking possession of several parks and roads . Prior to 1990 , the Town did not need1to be concerned about the costs of the properties being assessed ' to the Town before they became tax exempt , because the assessments were very low . In 1990 , all at once , the Town began to get very, substantial tax bills for parks and roads which were recently ) acquired . It was at that time that the Town started a policy that any property being turned over to the Town , the original I owner would be responsible for the taxes until the " Tax Exempt " ,status had been established . Supervisor Raffensperger stated that Mr . Iacovelli has discussed this with her as well as the two attorneys . Mr . Iacovelli is proposing to dedicate to the Town 3 1 / 2 acres of land and in a sense this exceeds the 10 % that would be part of what we normally do . This also recognizes the fact that there previously was a lot that wasi reserved by the Board of Zoning Appeals as a lot not to be built on . In a sense there is a substitution and that BZA requirement for that lot will be overturned at the time of rezoning . Mr . Iacolvelli addressed the Board by saying that this whole process Special Town Board Meeting 3 April 20 , 1993 has been very long in coming about . Over a year ago , the Town came to him and asked for an easement across a piece of property that he owned which was the old NYSEG parcel and railroad tracks . In the original proposed subdivision , it was stipulated that he grant the 3 acres as a park but retain possession of the piece of railroad strip . Subsequently , the town had talked to him about and negotiated with him , to give that parcel to the Town as part of the overall proposal . In the easement which was granted over a year ago , part of the easement stated that the " cut " was to be filled at the Town ' s expense which never occurred . He agreed to delay any action on that easement and let the easement stand . He feels that the contribution for the land and for him to pay taxes on it as a park after he ceases to own it is a very difficult situation for him to accept . It seems to him that when one ceases to own land the obligation to pay taxes also ceases . At the conclusion of this meeting , he assumes that the Town will own the land . The taxes that he has paid through this year is not a concern of his but rather the idea that he will have to pay taxes on a piece of land that he will no longer own . He also added that this subject was never raised with him in the negotiations all along . This only came to his attention less than two weeks ago . So this was a new wrinkle which was thrown in on him very late in the process . Attorney Barney explained that the problem originates when the assessment office assesses the value of Town property as developeabl. e land . The Town would close these transactions at various tiraes in the year but if they closed after the taxable status date , that being March 1st of any given year , then the Town would receive bills in October for School taxes and again in January for the Town and County taxes . There were several very large bills which resulted in substantial dollars and so that resulted in the decision whereby if a developer wanted to have the benefit of the development , that part of the quit pro quo with the developer would be that they would pay the taxes until the next tax status date which would reflect on the rolls as Town owned property and tax exempt . The Town has used that policy with previously acquired property and this has been applied with any developer since the discovery of the large tax bills . Councilman Liguori asked if the ruling which was made was a negotiated ruling or backed up by law ? Attorney Barney responded that in effect it is a policy which was adopted and that there is no law one way or the other . The Town may accept ,property with or without the requirement . It is up to the Town Board as to how they would like to accept it . Councilman Liguori stated that usually there is some sort of arrangement of pro - rated taxes as of the date of sale . i i i Special Town Board Meeting 4 April 20 „ 1993 Attorney Barney replied that this is normally true in a private action however he does not think it has ever been true with public involvement . At the date of closing , is has been verified that the property taxes have been paid and no reimbursements have ever been made . He feels that in this particular circumstance when the Board of Zoning Appeals granted Mr . Iacovelli the permission to construct the two buildings that are on the 237 Coddington Road property , approximately six or seven years ago , there was an expressed conditionland with Mr . Iacovelli agreeing , that there would be no further construction of any nature on that lot . It would be limited to two buildings each containing at that point 4 units . Now that determination by the Board of Zoning Appeals and / or condition is being overturned by this Boards ' option to rezone and allow another building jto be built on that property in addition to the two buildings that are already there . This would also allow the buildings1to be reconfigured to contain more occupancy than they do now . There is some quit pro quo going on here . Mr . Iacovelli is getting the ability to build 46 beds on a piece of property which was limited by his prior agreements to considerably less and in exchange he is willing to convey a larger than required piece of property on a different subdivision on a different piece of land . Is it fair for the Town to have to pay the taxes on those pieces of property for the next year or Mr . Iacovelli ? This is not a legal decision it is a policy decision . He further added that the Assessment Department will not take the classification of the property off the rolls until March 1 , 1994 , so the Town will pay the taxes on the property . On the other hand , if the Town were to sell land to Mr . Iacovelli , they would take it off the rolls immediately . The law reads this way and works to the benefit of the tax collector . Councilman Whitcomb asked how much money were we talking about ? i Mr . Iacovelli stated about $ 600 between both the School taxes and n the Tow & County taxes . Councilwoiman Leary commented that she did not think it was fair to have thei prior owner pay taxes on property that is no longer theirs . I Councilman Whitcomb stated his concern about the precedent this would set for the Town in future land acquisitions . Supervisor Raffensperger responded by saying that if we are going to change the policy then we will have to say that the Town will decline to accept property except between January 1 and March 1st because once assessment went to this policy the Town received unexpectedly , bills of two and three thousand dollars which were not budgieted for and which in a sense are a bit difficult to justify . Special Town Board Meeting 5 April 20 , 1993 Attorney Mazza commented that he feels that this situation is different than the other situations . This was a complicated issue to pull together . He does not think that the Town would set a bad precedent and it would be his suggestion that if the Town is going to require this payment of taxes that they should let the applicant know so they can plan on it . This was again something that came to light late in the process and to add this in at the last minute has caught Mr . Iacovelli by surprise . Councilwoman Leary explained that the Town Board can make it a policy to pay the taxes but it doesn ' t necessarily tie the Town ' s hands in the future as far as accepting property . The Town could stipulate that there would be a tax burden on the Town and we could decline because of that or we could make it part of the agreement that the previous owner is obligated to pay the taxes . It is the Town ' s decision on a case by case basis . Supervisor Raffensperger added that she feels it is very important that the Town have a consistent policy . She is not aware of how the applicants are made aware of the tax liability as far as parks and roads are concerned . She has the feeling though that once it is your policy you think everyone knows it . She mentioned that in looking at the Planning Board minutes , there was no indication that the subject of taxes was discussed publicly . Attorney Barney ' s response was that this is a fair statement . He was not surf: whether it in fact was discussed at the Planning Board meetings . lie had sent Mr . Mazza a proposed agreement on April 1st and since then it has been on the table as an item of discussion . Councilman Liguori proposed that the Town pay half and Mr . Iacovelli pay half until the taxable status is changed on the tax rolls . Supervisor Raffensperger felt that this was not an unreasonable compromise . Mr . Mazza and Mr . Iacovelli agreed to the proposal . Supervisor Raffensperger reiterated the need for the Town to develop a policy regarding the payment of taxes when the Town acquires land . Agenda Item No 5 - Consider SEAR related to a " Local Law Amending the Town of Ithaca Zoning Map to rezone tax Parcels No . ( 6 ) 54 . - 7 - 41 and ( 6 ) 51 , - 7 - 43 , located at 237 Coddington Road , from Residence District R - 9 to Multiple Residence District MR " . Motion made by Councilman Liguori , seconded by Supervisor Raffensperger that the Town Board of the Town of Ithaca makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the I Special Town Board Meeting 6 April 20 , 1993 adoption of a Local Law rezoning tax parcels no . ( 6 ) 54 . 7 - 41 and ( 6 ) 54 . - 7743 . Motion carried unanimously . Agenda Item No . 6 - Enactment " LOCAL LAW AMENDING THE TOWN OF I_THACA ZONING MAP TO REZONE TAX PARCELS NO . ( 6 ) 54 . - 7 - 41 AND ( 6 ) 54 . - 7 - 43 , ILOCATED AT 237 CODDINGTON ROAD FROM RESIDENCE DISTRICT R - 9 TO MULTIPLE RESIDENCE DISTRICT MR " . I i Motion made by Councilman Liguori approving the enactment of " LOCAL LAW AMENDING THE TOWN OF ITHACA ZONING MAP TO REZONE TAX PARCELS N0 . ( 6 ) 54 . - 7 - 41 AND ( 6 ) 54 . - 7 - 43 , LOCATED AT 237 CODDINGTON ROAD FROM RESIDENCE DISTRICT R - 9 TO MULTIPLE RESIDENCE DISTRICT MR " , Seconded ! by Councilwoman Leary . Roll call vote carried unanimousily . i I Additionall Agenda Item - Consider Appointments to the Local Advisory board of Assessment Review I Motion made by Councilman Whitcomb appointing Councilman Frank Liguori and Councilwoman Cathy Valentino to represent the Town of Ithaca asi members of the Local Advisory Board of Assessment Review . Seconded1by Supervisor Raffensperger . Motion carried unanimously . Additional Agenda Item - Authorization of Attendance At American Public Works Association Meeting by Town Engineer I Motion made by Supervisor Raffensperger authorizing the attendance of Town Engineer Dan Walker to attend the American Public Works Association Meeting . Seconded by Councilman Whitcomb . Motion carried unanimously . Executive Session I Motion made by Supervisor Raffensperger to move into executive session for the purpose of discussing a personnel matter . Seconded by Councilman Whitcomb , Carried Unanimously . The Town Board moved into executive session at 1 : 00 p . m . i Motion made by Supervisor Raffensperger to move back into regular session . 1 Seconded by Councilman Whitcomb . Carried unanimously . I I I Special Town Board Meeting 7 April 20 , 1993 Agenda Iteim No . 7 - Adjournment As there was no further business to come before the Town Board , Councilwoman Leary made a motion to adjourn . Seconded by Councilman Liguori . Carried Unanimously . The meeting was duly adjourned at 1 : 23 p . m . Respectfully ubmitted , 4 61 0 Betty Poole Deputy Town Clerk * * * Next Regular Town Board Meeting - May 10 , 1993 - 5 : 30 p . m . I I I I I I I I I i I i Special Town Board Meeting 4 / 20 / 93 Agenda Item No . 4 Lifting From the Table a Local Law Amending the Town of Ithaca Zoning Map - 237 Coddington Road Resolution No . 119 RESOLVED , that the Town Board of the Town of Ithaca hereby lifts from the table a Local Law Amending the Town of Ithaca Zoning Map to rezone tax parcels No . ( 6 ) 54 . - 7 - 41 and ( 6 ) 549 - 7 - 43 , located at 237 Coddington Road , from Residence District R - 9 to Multiple Residence District MR . MOVED : Councilman John Whitcomb SECONDED : Councilman Frank Liguori DATED : April 20 , 1993 Carried Unanimously —7 M�jog: :& ty . Poole Deput Town Clerk :. i Special Town Board Meeting 4 / 20 / 93 Agenda Item No . 5 SEQR - Local Law Rezoning 237 Coddington Road Resolution No . 120 BE IT RESOLVED , that the Town Board of the Town of Ithaca makes a negative determination of environmental significance in accordance with the New York State Environmental Quality Review Act for the adoption of'. the Local Law Amending the Town of Ithaca Zoning Map To Rezone Tax Parcels No . ( 6 ) 54 . - 7 - 41 and ( 6 ) 54 . - 7 - 43 , located at 237 Coddington road from Residence District R - 9 to Multiple Residence District MR . MOVED : Councilman Frank Liguori SECONDED : Supervisor Shirley Raffensperger DATED : April 20 , 1993 Carried Unanimously Attt�- J- e 6`6 E1 tty . Poole Deputy Town Clerk I i I I I I I I � . I I i I I i i i I l I Special Town Board Meeting 4 / 20 / 93 Agenda Item No . 6 LOCAL LAW - Amending Town of Ithaca Zoning Map For The Rezoning of 237 Coddington Road Resolution No . 121 WHEREAS , the properly advertised Public Hearing was held for the purpose of considering the adoption of a " LOCAL LAW AMENDING THE TOWN OE' ITHACA ZONING MAP TO REZONE TAX PARCELS NO . ( 6 ) 54 . - 7 - 41 AND ( 6 ) 54 . - 7 - 43 , LOCATED AT 237 CODDINGTON ROAD , FROM RESIDENCE DISTRICT R -• 9 TO MULTIPLE RESIDENCE DISTRICT MR " ; now therefore be it RESOLVED , that the Town Board of the Town of Ithaca does hereby approve and adopt said Local Law ; and be it further RESOLVED , that the Town Clerk is hereby authorized and directed to, file and advertise said Local Law as required by law . MOVED : Councilman Frank Liguori ROLL CALL VOTE SECONDED : Supervisor Shirley Raffensperger Raffensperger Aye Whitcomb Aye DATED : April 20 , 1993 Liguori Aye Leary Aye Carried Unanimously ty . Poole 4Bt Deput Town Clerk I I i i I i I i I I I i I I Special Town Board Meeting 4 / 20 / 93 Additional Agenda Item Local. Advisory Board of Assessment Review Appointments Resolution No . 122 BE IT RESOLVED , that the Town Board of the Town of Ithaca hereby appoints Frank Liguori and Catherine Valentino to represent the Town of Ithaca as members of the Local Advisory Board of Assessment Review scheduled to meet from 3 : 00 p . m . to 6 : 00 p . m . , Thursday , May 13 , 1993 al. the Tompkins County Division of Assessment . MOVED : Councilman John Whitcomb SECONDED : Supervisor Shirley Raffensperger DATED : APRIL 20 , 1993 Carried Unanimously tty oole , Deputy Town Clerk I I I Special Town Board Meeting Additional Agenda Item Authorization for Town Engineer To Attend Meeting Resolution No . 123 WHEREAS , The American Public Works Association is holding its Annual Sprang Conference Meeting on May 2 - 4 , 1993 in Buffalo , NY , and the scheduled program includes topics that will be of benefit to the Town and WHEREAS , The cost of the conference is $ 100 . 00 for registration , and expenses will be approximately $ 250 . 00 . Funds are available in account 1440 . 410 , Engineer Conference and Schools now therefore be RESOLVED , that the Town Board of the Town of Ithaca hereby authorizes the Town Engineer to attend the American Public Works Association Meeting May 2 - 4 , 1993 , with the total cost not to exceed $ 350 . 00 for registration and travel expenses . Funds are to be taken from account 1440 . 410 , Engineer / Contractual / Conferences / Schools . MOVED : Supervisor Shirley Raffensperger SECONDED : Councilman John Whitcomb DATED : APRIL 20 , 1993 Carried Unanimously tty Poole Depu Town Clerk I I I I I I i I i I i I I I i i i i I I i I I I