HomeMy WebLinkAboutTB Minutes 1995-01-30 41y OF I T'
TOWN OF ITHACA
�,� 21 044- 126 EAST SENECA STREET, ITHACA , N . Y . 14850
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Special Town Board Meeting
January 30 , 1995
5 : 30 p . m .
AGENDA
1 . Call to Order .
2 . Pledge of Allegiance .
3 . Discuss Town of Ithaca role related to Walmart DEIS ,
46 Consider SEQR related to a , " LOCAL LAW AMENDING THE TOWN OF
ITHACA ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT
( LIMITED MIX USE ) FOR THE ECO VILLAGE CO - HOUSING COOPERATIVE
SPECIAL LAND USE DISTRICT ( SLUR ) " .
5 . Consider enactment of a , " LOCAL LAW AMENDING THE TOWN OF ITHACA
ZONING ORDINANCE TO PROVIDE A SPECIAL LAND USE DISTRICT
( LIMITED MIX USE ) FOR THE ECO VILLAGE CO - HOUSING COOPERATIVE
SPECIAL LAND USE DISTRICT ( SLUD ) " .
6 . Consider approval of attendance at training course for Confined
Space Rescue ,
7 . Consider Water and Sewer Benefit Assessment Refunds ,
8 . Consider Winners Circle Lighting District Benefit Assessment
Refund .
9 . Consider any additional business .
10 . Consider EXECUTIVE SESSION .
11 . Consider ADJOURNMENT .
Town of Ithaca
Special Town Board Meeting
January 30 , 1995
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 : John G . Whitcomb , Supervisor ; Catherine Valentino ,
Councilwoman , Karl Niklas , Councilman ; David Klein , Councilman ;
Carolyn Grigorov , Councilwoman ; Ellen Z . Harrison , Councilwoman ;
Edward Conley , Councilman .
ALSO PRESENT : John Barney , Attorney for the Town ; Joan Lent
Noteboom , Town Clerk / Receiver of Taxes ; Daniel Walker , Town
Engineer ; Fred Noteboom , Highway / Parks Superintendent ; Jonathan
Kanter , Town Planner , Dooley Kiefer , T . C . Board of Representatives
EXCUSED : Andrew Frost , Building / Zoning Officer ; Patricia Punger ,
Personnel Manager ; Sally Alario , Assistant Budget Officer .
MEMBERS OF THE PUBLIC PRESENT : Stefan Einarson , Karen Smith , Carl
Mulins , Mary and Bill Webber , Deena Berke , C . & J . Weisburd , Nancy
Brown , Tim Allen , John Bokaer - Smith , Sandy Wold , Steve Gander ,
Martha Armstrong , Doug Shire , Aaron Pines , Karen Krudson , Liz
Walker , Marci Boyd , Arthur Godin , Sara Pines , Eva Hoffmann ,
Jennifer Boaker - Smith , Robert Love , Suzanne & Daryl Anderson ,
Michael Meador , Lisela Wildes , Amy Chiaro , Susan Bissell , ' Edward
Finegan , Erica Powers , Greg Thomas , J . Sirlin - Rand , Doug Romell ,
Roger Perkins .
Call to Order : The Supervisor called the meeting to order at 5 : 30
p . m . , and led the assemblage in the Pledge of Allegiance .
Agenda Item No 3 - Town of Ithaca Role Related to Walmart DEIS •
Jonathan Kanter , Town Planner , explained the Town of Ithaca ' s
options with regard to Walmart , The Town has received the Draft
Environmental Impact Statement from the City of Ithaca . A Public
Hearing is scheduled to be held on February 27 , 1995 and comments
on the EIS are due by March 10 , 1995 . Normally , in reviews of this
kind which are outside the Town ' s jurisdiction is the staff would
do an evaluation of the EIS . After that it would be presented to
the Planning Board where comments would be solicited . He asked if
this procedure would be an appropriate mechanism to send comments
to the City of Ithaca on this particular issue , and whether the
Town Board had any particular items of interest they would like
staff to look at in the review process . He reiterated that the
Town has no approval authority over the Walmart project and any
comments are strictly advisory . If this procedure meets with the
approval of the Town Board , it would be placed on the Planning
Board agenda for the March 7 , 1995 meeting .
Special T . B . Mtg , 2
1 / 30 / 95
i Councilwoman Harrison - We have been talking with the City and DOT
about the widening of Route 13 in that vicinity . There seems to be
some inconsistencies between the DOT plans and what the Walmart
represents in terms of the left turn lane etcetera .
Councilman Niklas - Will Town Staff have an opportunity to verify
some of the conclusions that are reached in the document presented
tonight ? It is impressive that it begins with discussing a number
of potential areas where Walmart would have as a negative impact ,
and then goes through a variety of rationalizations of how the
effects could be ameliorated etc . . . These rationalizations are
based on computer simulations that were conducted in terms of storm
flood water management , will these findings be verified by an
independent or disinterested source ?
Mr . Kanter - The City , in their review process , has hired a
separate consultant to act on their behalf to review all of the
technical data which has been prepared by the applicant . The
City ' s perspective is that it will be done . Issues which might
have some Town interest would be things like traffic which are
easily verifiable . Town Staff will certainly will review these .
The City will undergo a very thorough review process of drainage
and flooding potential as well as review the impact on adjacent
potential park areas , such as Buttermilk Falls State Park , the
potential City substitution park land which has potential for a
combined Town park , and the Black Diamond State Trail which will go
past the area . These are things that staff will certainly focus on
in their review . The EIS also has some visual assessments and
computer simulations of views from the trails and the adjacent park
lands which will be looked at .
Councilman Niklas - Part of the document talks about the potential
financial benefits in terms of income . This does not address the
influence of a major competitor like Walmart on smaller businesses
in downtown Ithaca . Would this information normally be contained
in a document such as this ?
Mr . Kanter - That information is a level beyond what one would
normally see in an environmental review . Economic impact as it
might affect the Town is something they could look at , however that
is a different issue . That issue certainly was something identified
by the City as an important concern , but we don ' t know how much
detail there is .
Mr . Kanter - A resolution is from this Board is not necessary to
refer the issue to the Planning Board as it is normally a standard
procedure . The only thing sought was a sense from the Town Board
that this is the process you would like to see happen . If this
Special T . B . Mtg , 3
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meets with the Board ' s approval and you would like to review the
EIS , it will be available in the Planning Department . Contact the
Planning Department with any ideas or questions on specific points .
Agenda item No 4 - SEOR Local Law Eco - Village SLUD -
Supervisor Whitcomb - At the last Town Board meeting a public
hearing was held regarding Eco - Village , at the hearing it was
discovered that certain paperwork had not been submitted and
reviewed by the .- County regarding an agricultural data statement .
That paperwork has now been submitted and reviewed by the County .
The Public Hearing was closed and the issue is back to the board
now to further discuss the Special Land Use District ( SLUR ) .
Supervisor Whitcomb - By approving the SLUD , the Board is approving
in concept only - the footprint could be changed later .
Motion made by Councilwoman Valentino , seconded by Councilman
Conley making a negative determination of environmental
significance in accordance with the NYS Environmental Quality
Review Act for the above referenced action as proposed and
therefore , an Environmental Impact Statement will not be required .
Motion carried unanimously .
Agenda Item No 5 - Enactment of Local Law Eco Village SLUR
Supervisor Whitcomb asked the Attorney for the Town to comment on
the tax exempt status of the SLUD , and the parent parcel owned by
Eco - Village of Ithaca .
Attorney Barney - There are several levels of tax exemption , the
most favored level is a 501 - C3 Exemption which is what Cornell and
the American Red Cross have , an exemption as an charitable or
educational entity . If Eco - Village qualifies for that type of
exemption , and if the use of the property is within the basis of
which they qualify for , then the assessment office would presumably
make the property exempt from taxation . It is not clear that
people living on a piece of property for their private homes would
ever be able to get a 501 - C3 Use Exemption recognized by the
assessment office . For example , Cornell is a tax exempt entity .
However , portions of their property is not tax exempt for real
estate purposes because it is not used for purposes under the 501 -
C3 exemption .
Sara Pines - I went to the assessors office to investigate how Eco -
Village could best own the land because we are a 501 - C3 now , which
is absolutely different than the first residents group which is
applying for this permit . It has nothing to do with it . The
example the assessor gave was , that if Cornell has four parcels of
land on four corners and three of them are used to raise
Special T . B . Mtg , 4
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experimental crops for educational purposes and one of them lay
dormant and is not being used for the experiment , taxes have to be
assessed to that portion .
Erica Powers , Cornell Professor and Tax Attorney - Based on the
relationship between Eco - Village and the entities that are
subdivided off , they set up a FRG ( First Residents Group ) and the
FRG buys the land and becomes a separate entity from Eco - Village .
That would have quite different tax consequences than if the FRG
were paying a ground rent , in which case , the 501 - C3 Exemption on
a federal level would have unrelated business income and the
federal tax consequences would then drive the state assessment
decision .
Attorney Barney - That is not entirely true . It is based on
usage , you can have an entity that is part of a tax exempt entity
such as Cornell , that for tax purposes does not pay federal income
tax , but nevertheless would pay real estate taxes because of the
particular use .
Councilman Niklas - Are we going to discuss the larger issue which
extends beyond this SLUR , what future can be forecast for this
larger parcel of land ?
Supervisor Whitcomb - It can be discussed , but will probably not
be resolved . The Planning Board did not the issue and sent it back
to the Town Board ,
Councilman Niklas - That issue and this SLUD are imbedded in a
larger context geographically . Passing or not passing this law has
the potential of many implications to the Town ' s planning in the
future , at least in that site . When this first came before the
Town Planning Board , and the minutes justify this , there was great
concern with the Town Planning Board ' s forecast , not just the
implications of this particular development , but its affect on the
larger parcel of land around it . The law itself , is not the issue .
It is well crafted and staff is complimented . The law addressed
all the immediate concerns of this residential project . A number
of supporting documents talk about the larger project in a vague
enough way to raise my concern as to what the implication is if we
pass this . The SLUD itself raises a number of concerns which have
been focused on the road . This effort should be applauded . The
Eco - Village peoples ' sensitivity to the environment , and concerns
about a community structure , are well meant and well pursued . The
Board ' s obligation is to consider this proposal in the context of
this larger area of land . There is much concern about what the
implications are , and it is not clear that all concerns mentioned
the first time this was discussed have really been adequately
addressed .
Special T . B . Mtg , 5
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Supervisor Whitcomb - What would you have envisioned that the
Planning Board would have come forth with , in terms of a
recommendation ?
Councilman Niklas - The intent at raising these issues was not for
the Planning Board to say that this is a policy issue and return it
back to this Board . Simultaneously we are considering a SLUR for
a portion of that larger geography . I would have at least liked to
have gotten some professional advice from the Planning Board as to
what the consequences of building up the land at present density
permitted levels would be , and to get a scenario of what this
larger area would look like . When there are references and
supporting documents about the " larger project " without any other
kinds of information I think there is reason to be concerned .
Jon Kanter - The Planning Board recommendation in their resolution
was fairly basic . The intent on the staff level is well meant .
There were many discussions with the Planning Board on the question
of whether the entire 176 acres should be a SLUR . The Planning
Board was fairly frustrated in moving ahead with the SLUR . They
made a decision to recommend focus on the 30 acres first , phase
development ( First Residents Group Development ) with the additional
recommendation that the Planning Department , the Planning
Committee / or Planning Board look very quickly at what else is going
on in the area . The Planning Board did not ignore that . They chose
not want to get bogged down in that issue . There could be several
different things happening on that site and in the surrounding
area . The Planning Board was aware of additional concerns and did
not want to hold up this specific development because of that
issue , but to study the issue next . That may not fully satisfy the
Town Board ' s concerns , but is basically what the Planning Board ' s
position was .
Councilman Niklas - There is concern about history repeating
itself . There are some situations involving some unusual layouts
of roads on South Hill elsewhere which should not have been
permitted . Everyone on this Town Board can think of those examples
without mentioning the names . Right now we have a private road as
an umbilical cord for a project located well off the main road ,
surrounded by land that currently is not tentative , some of it is
of agricultural use . There is no vision for what is to become of
that . It is not known how to integrate this SLUD in the
surrounding areas . There is a road that the Town does not own that
is unusually long . I do not see this as something that will get my
vote unless I have some assurance that there is a mechanism in
place to deal with potential problems .
Supervisor Whitcomb - What problems would you foresee ?
Special T . B . Mtg , 6
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Councilman Niklas - Developing that area or areas into
communities that would need access to the main road with concern
about them siphoning in all of that traffic on that kind of road .
There is concern about the maintenance of that road when , and if ,
the Town takes it over . It is a wind blown area and will not be
easy to be kept clear in a snowy winter . There is concern about
the health and welfare of the people living in an essentially
isolated parcel of land if anything should happen to that road .
There is concern about fire liability , for someone in the middle of
winter who has a heart attack or medical emergency . The Town Board
has a moral obligation to consider this . There is no objection to
the project , only deep concern about the implications .
Attorney Barney - This Local Law has been drafted after a
considerable amount of discussion at the Planning Board level . In
an effort to try and alleviate some of the major concerns , the ones
particularly regarding access , and emergency vehicle access , what
happens with the rest of the property zoned R - 30 right now , if this
project were not even on the boards . Someone could come in and
request a subdivision on the 176 acres for a couple of hundred
houses and they could choose to have subsidiary apartments in each
of them . This is 30 units on 30 acres carved out of a bigger
piece . From a land use planning standpoint , it is a pretty nice
way to use the land . It is not known if there is an answer to the
implications other than what has already been given without
revisiting it . It is not known what more the Planning Board can
do .
Councilwoman Harrison - The Town Board minutes from the meeting in
which this was referred to the Planning Board made clear that our
Supervisor urged the Town Board to consider the policy issue of
that length of road and to face that issue squarely before
referring it to the Planning Board . While there are some strong
reservations about the wisdom of that length of road , privately
maintained , children walking along that length of road to catch a
school bus or to get mail , by virtue of the actions taken in
September and how well crafted the Local Law is . The Town Board has
addressed the issues to the extent they can . The Town Board should
probably go ahead with this enactment . In the future when a
proposal comes to this Board for a rezoning , a site visit should be
made to get the Town Board involved in looking at these things in
enough detail before referring it to the Planning Board , so a
situation does not occur that after we get it back from the
Planning Board , it is necessary to once again address the
fundamental policy issues . " I will lobby for that strongly if and
when something comes up . "
Councilwoman Valentino - " I agree with Ellen on that as this has
been one of my concerns also . " Looking at that parcel it is
sometimes frightening to look at that road and the land behind it .
It seems that a lot of that is agricultural land . A lot of
Special T . B . Mtg . 7
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different kinds of subdivisions could have been proposed for that
area , which would have given the Town Board no chance or
opportunity to preserve the rural character or agricultural land .
It is Eco - Village ' s intent to preserve the land . It is hard to
know what better proposal might come forward than this one . " I am
willing to take the risk of that long scary road , in order that it
might be something that preserves the area to some extent .
Councilman Klein - The record should clearly show that the single
access being shown is strictly for this parcel . There is no
implication at all that subsequent development on this parcel may
not require another 60 foot right of way in that road surface .
Jon Kanter - The Planning Board talked about future development
and strongly indicated their desire not to see future development
roads connect to the main parcel other than this main access road .
The Planning Board did not want to see a second major road come
through , but that another road would be served off this primary
road . There might be other options for through roads to connect .
Motion made by Councilwoman Valentino , seconded by Councilman
Conley enacting the " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO
PROVIDE A SPECIAL LAND USE DISTRICT LIMITED MIX USE ) FOR THE
ECOVILLAGE CO - HOUSING COOPERATIVE " ; and authorizing the Town Clerk
to publish and file said Local Law as required by law . Roll call
vote carried with Councilman Niklas abstaining .
Agenda Item No 6 - Attendance At Training Course
Motion made by Councilman Conley , seconded by Councilman Niklas
authorizing Jeffrey " Scott " Dean , Richard TenKate , Donald TenKate
and' Eugene Redman to attend the training course for Confined Space
Rescue . The cost of attending shall not exceed $ 150 . 00 .
Motion carried unanimously .
Agenda Item No 7 - Water and Sewer Benefit Assessment Refunds
Supervisor Whitcomb stated he wanted the minutes to reflect he had
Town Engineer Daniel Walker ' s assurance that these erroneous water
and sewer assessments would not happen again next year . Mr . Walker
stated he would improve the quality control measures significantly
within his department .
Motion made by Councilman Niklas , seconded by Councilwoman Harrison
authorizing and directing a refund to be paid in the amounts
indicated in the resolution to the said property owners immediately
upon notification from the Receiver of Taxes that their 1995 Town
and County Taxes have been paid . Motion carried unanimously .
Special T . B . Mtg , 8
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Agenda Item No 8 - Winners Circle Lighting District Benefit
Assessment Refund :
Motion made by Councilwoman Valentino , seconded by Councilman
Niklas authorizing and directing a refund in the amount of $ 81 . 14
be paid to Claudia Griffie , 1345 Slaterville Road , immediately upon
notification by the Receiver of Taxes that the said 1995 Town and
County Taxes have been paid in full . Motion carried unanimously .
Additional Business :
Mrs . Noteboom - Tax collection is going very well . The Town
should have all monies due for the levy by the end of the week .
" There is something that has been disturbing me for the two or
three years I have been with the Town of Ithaca . " Each year there
are a number of bills returned to us because the names and the
addresses are not correct . Several come back every year even after
the assessment office has been notified there is a problem with the
address and the owner . They do not seem to be corrected in a
timely fashion . Some people have asked for changes for 2 or 3
years . Resident ' s state " I ' ve gone to the Assessment Department
and they are still not being done , why don ' t I get my bill ? " The
assessment office has been contacted regarding closings , there are
several bills where people have sold their property in the spring
or summer and the bill has been sent to the previous owner . The
new owner calls and says they never got a bill ; the old owner does
not bother to do anything with the bill , they just throw it out .
The new owner is upset because they have not gotten the bill in
time to pay the installment payment by the 15th if they would like
to . Don Franklin , Assessment Director , has said it can take up to
8 months to change a name on a closure . It seems this is quite a
lengthy period of time for. the Assessment Department to take for
paperwork , upon an attorney ' s filing of a closing . Our County
Representatives need to see it is an ongoing problem . It is really
hard and sometimes very disheartening . There are people who have
lost spouses and who have come in two or three years in a row and
asked that their name be removed from the tax bill , it bothers them
a great deal when they keep receiving the bill with their deceased
spouses name still on it . It is hard to apologize and knowing they
have asked for this correction and it hasn ' t been done yet .
Councilwoman Valentino - " I spoke to Bev Livesay about this same
thing quite a while back after being made aware from other people ,
and from my own personal experience when changing from our mortgage
stopping the escrow account . I went through months of calling the
County Clerk and Assessment Office , they sent me back and forth
without anything ever happening . I finally got to the assessor ' s
office and they started to send me back and I got so mad and could
no longer deal with it , I just said no . I am not going to call
anyone else . They changed it over the phone then and there on the
spot . I could not believe it .
Special T . B . Mtg , 9
1 / 30 / 95
Mrs . Noteboom - It is not just phone calls . We make a copy of any
information change when it is sent and send a folder over to the
assessment department by the end of March . They know every change
heard about each year , some are not corrected .
Supervisor Whitcomb - Hopefully Mrs . Kiefer will have a report by
the next Town Board meeting .
Additional Agenda Item - Ellis Hollow Pilot Agreement :
Attorney Barney stated this item is a moot point after previous
discussions today . Ellis Hollow is now going to pay the tax bill in
full . They have made an arrangement directly with Scott Heyman at
the County who is going to arrange to have the County portion of
the tax refunded to them . Town of Ithaca no longer involved .
Ellis Hollow will pay the bill and the County will refund .
The Payment In Lieu of Taxes Agreement that was negotiated and
discussed at great length went into effect this year . The County
did not recognize it with the Assessment Office and Ellis Hollow
was sent a bill for the full County tax . Ellis Hollow had to pay
that on top of their portion of the County taxes included in their
Payment In Lieu of Taxes . They were upset to some degree .
Agenda Item No 10 - EXECUTIVE SESSION •
Motion made by Councilman Niklas , seconded by Councilwoman Grigorov
to move into executive session to consider property acquisition and
personnel issues . Motion carried unanimously . The Board moved into
executive session at 6 : 42 p . m .
Motion made by Councilman Niklas , seconded by Councilwoman Harrison
to return to regular session . Motion carried unanimously . The
Board moved back to regular session at 8 : 00 p . m .
As a result of the Executive Session , the following resolutions
were adopted :
EXECUTIVE SESSION - Park Land Acquisition :
Motion made by Councilwoman Grigorov , seconded by Councilwoman
Valentino authorizing the Town Supervisor with the assistance of
the Town Staff to negotiate the possible acquisition of tax parcel
numbers 31 . 2 - 5 and 311 - 2 - 6 . Motion carried unanimously .
EXECUTIVE SESSION - Codes and Ordinances Committee
Motion made by Councilman Niklas , seconded by Councilwoman Harrison
referring to the Codes and Ordinance Committee a review of those
Special T . B . Mtg . 10
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special land use districts and other special use districts that
were rezoned for a specific purpose , whose specific purpose has not
been fulfilled within a reasonable period of time , and also to look
at the sunset provision for preliminary site plan reviews . Motion
carried unanimously .
Agenda Item No 11 - Adjournment :
As there was no further business to come before the Board , motion
made by Councilwoman Valentino to adjourn . Seconded by Councilman
Conley and carried unanimously .
The Supervisor adjourned the meeting at 8 : 02 p . m .
Respectfully submitted ,
9ZJ`oan Lent Noteboom
Special Town Board Meeting 1 / 30 / 95
Agenda Item No , 4
Negative Determination of Environmental Significance
Enactment Local Law # 1 of the Year 1995
-' Special Land Use District
Proposed EcoVillage Co - Housing Cooperative
Resolution No . 17
WHEREAS , the Town Board has received an application to rezone
a 30 + / - acre portion of Town of Ithaca Tax Parcel No . 28 - 1 - 26 . 2 ,
the north line of said area being located approximately 2 , 150 feet
south of Mecklenburg Road ( NYS Rte . 79 ) , the east line being
located approximately 1 , 500 feet west of West Haven Road , and the
south being located approximately 800 feet north of Elm Street
Extension . Said proposal would change the zoning from Residence
District R - 30 to Special Land Use District ( SLUD ) . EcoVillage at
Ithaca , Inc . , Owner ; First Residents Group , Applicant ; House Craft
Builders , Agents ; and
WHEREAS , this is a Type I Action for which the Town of Ithaca
Town Board is Lead Agency in environmental review ; and
WHEREAS , the Town planning staff has recommended a negative
determination of environmental significance with respect to the
proposed action ; now therefore be it
RESOLVED , that the Town Board hereby makes a negative
determination of environmental significance in accordance with the
New York State Environmental Quality Review Act for the proposed ,
" LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A SPECIAL LAND
USE DISTRICT ( LIMITED MIX USE ) FOR THE ECOVILLAGE CO - HOUSING
COOPERATIVE " , and therefore an Environmental Impact Statement will
not be required .
MOVED : Councilwoman Valentino
SECONDED : Councilman Conley
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously .
DATED : January 30 , 1995
m
Joan Lent Noteboom , Town Clerk
Special Town Board Meeting 1 / 30 / 95
Agenda Item No . 5
Enactment - Local Law # 1 of the Year 1995
Special Land Use District
Proposed EcoVillage Co - Housing Cooperative
Resolution No . 18
WHEREAS , the Town Board has received an application to rezone
a 30 + / - acre portion of Town of Ithaca Tax Parcel No . 28 - 1 - 26 . 2 ,
the north line of said area being located approximately 2 , 150 ft
south of Mecklenburg Road ( NYS Rte . 79 ) , the east line being
located approximately 1 , 500 feet west of West Haven Road , and the
south being located approximately 800 feet north of Elm Street
Extension . Said proposal would change the zoning from Residence
District R - 30 to Special Land Use District ( SLUD ) . EcoVillage at
Ithaca , Inc . , Owner ; First Residents Group , Applicant ; House Craft
Builders , Agents ; and
WHEREAS , the Town Board on September 12 , 1994 referred said
application to the Town of Ithaca Planning Board for their
recommendation pursuant to Town of Ithaca Zoning Ordinance , Article
IX , Section 46 , No . 1 ; and
WHEREAS , the Planning Board , pursuant to Article IX , Section
46 , No . 2 of the Town Zoning Ordinance , did on January 3 , 1995
recommend that the Town of Ithaca Town Board approve the proposed
rezoning of the portion of Town of Ithaca Tax Parcel No . 28 - 1 - 26 . 2
described in Schedule A attached to the draft Special Land Use
District No . 8 legislation described in Schedule A attached to the
draft Special Land Use District No . 8 legislation proposed for the
site , from Residence R - 30 District to Special Land Use District No .
8 ; and
WHEREAS , the properly advertised Public Hearing has been held
for the purpose of considering the enactment of Local Law # 1 of the
Year 1995 , a " LOCAL LAW TO AMEND THE ZONING ORDINANCE TO PROVIDE A
SPECIAL LAND USE DISTRICT ( LIMITED MIXED USE ) FOR THE ECOVILLAGE
CO - HOUSING COOPERATIVE " ; and
WHEREAS , this is a Type I Action for which the Town of Ithaca
Town Board , acting as Lead Agency in environmental review , has , on
January 30 , 1995 , made a negative determination of environmental
significance ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca does
hereby approve and enact said Local Law ; and be it further
RESOLVED , that the Town Clerk is hereby authorized and
directed to publish and file said Local Law as required by law .
Resolution No . 18 / 1995
January 30 , 1995
Page 2 .
MOVED : Councilwoman Valentino
SECONDED : Councilman Conley
Roll Call Vote : Supervisor Whitcomb , aye ; Councilwoman Valentino ,
aye ; Councilman Niklas , abstain ; Councilman Klein , aye ;
Councilwoman Grigorov , aye ; Councilwoman Harrison , aye ; Councilman
Conley , aye . Motion carried .
DATED : January 30 , 1995
QCn'YV j"+ l
Joan Lent Noteboom , Town Clerk
Town Board Meeting 1 / 30 / 95
Agenda Item No . 6
Training Course for Confined Space Rescue
Resolution No . 19
WHEREAS , Jeffrey Scott Dean , Richard Tenkate , Donald Tenkate ,
and Eugene Redman are employed by the Town of Ithaca , and would
like to attend a training course for confined space rescue ; and
WHEREAS , the Highway Superintendent feels this course will
benefit the Town ; and
WHEREAS , the confined space rescue course runs for three days ,
starting on March 1 , 1995 . This course will cost $ 20 . 00 per person
for the course fee and $ 4 . 00 per person for meals ; now therefore be
it
RESOLVED , that the Town Board of the Town of Ithaca does
hereby approve the attendance of the above mentioned persons to
attend the above said course ; and be it further
RESOLVED , that the cost of attending the said seminar shall
not exceed $ 150 . 00 and shall be expended from A5010 . 400 account .
MOVED : Councilman Conley
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously .
DATED : January 30 , 1995
Joan Lent Noteboom , Town Clerk
Special Town Board Meeting 1 / 30 / 95
Agenda Item No , 7
Benefit Assessment Refunds - Water & Sewer
Resolution No . 20
WHEREAS , the property owners of the tax parcels as listed
below were charged the incorrect number of units for Water and / or
Sewer Benefit Assessments on their 1995 Town and County Tax Bill ;
and
WHEREAS , the Town Engineer has reviewed these parcels and has
determined the said property owners are entitled to a refund of the
amounts indicated upon payment of the tax bill in full ; now
therefore be it
RESOLVED , the Town Board of the Town of Ithaca hereby
authorizes and directs a refund be paid in the amounts indicated to
the said property owners immediately upon notification from the
Receiver of Taxes that their 1995 Town and County Taxes have been
paid .
County of Tompkins , Elmira Road :
Tax Parcel , 311 - 2 - 14 , Bill No . 4894 Sewer - $ 246 . 00
Gwen P . Wilkinson , 250 Troy Road :
Tax Parcel , 45 . - 2 - 14 . 1 , Bill No . 2735 Water - $ 868 . 20
Gregory Sheldrake , 806 Elmira Road :
Tax Parcel , 31 . - 2 - 9 . 2 , Bill No . 1910 Water - $ 202 . 40
Jane R . F . Mead , 222 Enfield Falls Road :
Tax Parcel , 33 . - 1 - 17 , Bill No . 2028 Water - $ 80 . 00
Evelyn Ainsworth , 17 Orchard Hill Road : Water - $ 53 . 50
Tax Parcel , 22 . - 2 - 3 , Bill No . 1170
MOVED : Councilman Niklas
SECONDED : Councilwoman Harrison
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously
DATED : January 30 , 1995
jv" '
goan Lent Noteboom , Town Clerk
Special Town Board Meeting 1 / 30 / 95
Agenda Item No . 8
IL Benefit Assessment Refund - Winners Circle Lighting District
Resolution No . 21
WHEREAS , Claudia Griffie , 1345 Slaterville Road , was charged
the Winners Circle Lighting District Benefit Assessment on the 1995
tax bill for Tax Parcel 58 . - 1 - 8 . 7 , Bill No . 3436 ; and
WHEREAS , the Tax Parcel is not located on Winners Circle and
therefore does not have the benefit of the said Lighting District ;
and
WHEREAS , the Town Engineer has determined a refund for this
benefit assessment of $ 81 . 14 is due to Claudia Griffie upon payment
in full of the 1995 Town and County tax bill ; now therefore be it
RESOLVED , that the Town Board of the Town of Ithaca hereby
authorizes and directs a refund in the amount of $ 81 . 14 be paid to
Claudia Griffie , 1345 Slaterville Road , immediately upon
notification by the Receiver of Taxes that the said 1995 Town and
County Taxes have been paid in full .
MOVED : Councilwoman Valentino
SECONDED : Councilman Niklas
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously .
DATED : January 30 , 1995
.A - _
Joan Lent Noteboom , Town Clerk
Town Board Meeting 1 / 30 / 95
Agenda Item No , 10
EXECUTIVE SESSION - Land Acquisition Negotiations
Resolution No . 22
BE IT RESOLVED , the Town Supervisor with the assistance of
Town Staff is hereby authorized and directed to negotiate the
possible acquisition of Town of Ithaca tax parcels 31 . 2 - 5 and 31 . 2 -
6 .
MOVED : Councilwoman Grigorov
SECONDED : Councilwoman Valentino
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously .
DATED : January 30 , 1995
v
Joan Lent Noteboom , Town Clerk
Town Board Meeting 1 / 30 / 95
Agenda Item No , 10
EXECUTIVE SESSION - Codes and Ordinances Committee
\ Resolution No . 23
i
BE IT RESOLVED , the Town Board of the Town of Ithaca hereby
refers to the Codes and Ordinances Committee a review of those
special land use districts and other special use districts that
were rezoned for a specific purpose , which specific purpose has not
been fulfilled within a reasonable period of time , and to also look
at the sunset provision for preliminary site plan reviews .
MOVED : Councilman Niklas
SECONDED : Councilwoman Harrison
Supervisor Whitcomb , aye ; Councilwoman Valentino , aye ; Councilman
Niklas , aye ; Councilman Klein , aye ; Councilwoman Grigorov , aye ;
Councilwoman Harrison , aye ; Councilman Conley , aye . Motion carried
unanimously .
(1,, "+
Joan Lent Noteboom , Town Clerk