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HomeMy WebLinkAboutTB Minutes 1994-02-24A Town of Ithaca Special Town Board Meeting February 24, 1994 At a special meeting of the Town Board of the Tov/n of Ithaca, Tompkins County, New York, held at the Town Hall, 126 East Seneca Street, Ithaca, New York there were present; PRESENT; John V/hitcomb, Supervisor; Catherine Valentino, Councilwoman; Karl Niklas, Councilman; David Klein, Councilman; Carolyn Grigorov, Councilwoman. EXCUSED: Edward Conley, Councilman; Ellen Z. Harrison, Councilwoman. ALSO PRESENT; John Barney, Esq., Attorney for the Town; Joan Lent Noteboom, Town Clerk/Receiver of Taxes; Daniel Walker P.E., Town Engineer. William Hooton, Eva Hooton Call to Order; The meeting was called to order by the Supervisor at 7;00 p.m. Pledge of Allegiance: The Supervisor led the assemblage in the ' Pledge to the Flag. Agenda Item No. 1 - Public Hearing, Local Law Partial Tax Exemption for Real Property. Limited Incomes, Aged The Supervisor stated the purposed of the Special Meeting was to hold a public hearing to consider a "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER". The Town Clerk had proof of posting and publication. The Supervisor opened the Public Hearing at 7:00 p.m. The Supervisor asked any members of the public wishing to speak to come forward. Mr. William Hooton, 1235 Trumansburg Road address the Town Board to express his wish that the Town Board adopt this Local Law. Mr. Hooton has tried to receive the exemption in the past but was unable to do so because the income level was just over schedule amounts. Mr. Hooton felt with the income levels being raised by the Local Law he may be able to, or it may help someone else. The Supervisor said it the income limits in the Local Law parallel those adopted by Tompkins County and were recommended by the Tompkins County Assessment Department. Councilwoman Valentino asked if the income schedule was the maximum income limit the Town could adopt? TB Mtg. Minutes - 2/24/94 \ Page 2. Attorney Barney said the income levels are the maximum the Town could adopt according to New York State Law. The limits are set by Real Property Tax Law and they apply for all municipalities, (Counties, Cities, Towns, etc.). Mr. Hooton asked when this Local Law v/ould be effective? Attorney Barney said it will be effective immediately upon adoption. The Supervisor closed the Public Hearing at 7:04 p.m. Agenda Item No. 2 - SEOR, Local Lav; Aged Exemptions; Motion made by Councilv/pman Valentino, seconded by Councilman Niklas that the Town Board of the Town of Ithaca hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act for the proposed Local Law No. 2, 1994, a "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER", and therefore an ®itonmenta1 Impact Statement will not be reguired. Motion carried unanimously. , Agenda Item No. 3 - Enactment. Local Law Aged Exemptions; Motion made by Councilwoman Valentino, seconded by Councilman Klein enacting Local Law No. 2, 1994 a, "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER", said Local Law shall take effect immediately. The Town Clerk is hereby authorized and directed to file said Local Law as required by Law, and send an original copy of the said Local Law to the Tompkins County Assessment Department who shall implement said Local Law for the Town of Ithaca. Councilman Klein stated he appreciated receiving the memorandum disclosing the impact of the Local Law. Councilman Niklas asked that the memorandum be included in the minutes since the cost is trivial and benefits so many people. Roll call vote carried unanimously. Agenda Item No. 4 - Approval Attendance at American Planning Association, Professional Development Conference; ^ Louise Raimondo, Planner I has requested attending the referenced conference on April 16-20, in San Francisco, California. TB Mtg. Minutes - 2/24/94 N Page 3. Motion made by Councilman Niklas, seconded by Councilwoman Grigorov authorizing and approving the attendance of Louise Raimondo, Planner I to the American Planning Association Professional Development Conference April 16-20, in San Francisco, California at a cost not to exceed $675.00 to be expended from Account No. B8020.403. Councilman Klein asked if the funds were available in the budget? Mr. Walker said it is not a line item in the budget, but is within the educational line item for that department. Attorney Barney mentioned this came up during the staff meeting and there v;as some question as to whether there should be a policy for out of State conferences. Councilman Klein said he felt the conference was a good idea, and it is appreciated that Ms. Raimondo is willing to pay some of the cost. Motion carried unanimously. Supervisor Whitcomb asked if the Board wished to have the Personnel Committee consider policy regarding out of State travel, or is the Board comfortable in leaving it up to Department Heads to make the decision as long as the expense is budgeted for? The consensus of the Board v/as that the Department Heads make the decision, as the final approval always is presented to the Board at their meetings. Councilwoman Valentino felt it would be hard for the Personnel Committee to set that kind of policy. Conferences should be decided by Department Heads because they can best determine how beneficial they are to staff. Councilman Niklas said a policy may suggest that people are abusing conference privileges, and no one in the Town has abused the privilege. Additional Agenda Item No. 1 - Collection of Taxes Extension of Time; Mrs. Noteboom explained that she attended the Association of Towns meeting it was learned on February 11, the State Legislature adopted a Bill extending the collection of taxes to February 14, without interest and penalties because of inclement weather across the State. It is up to each individual Town Board to decide if they should extend the time limit by Local Law or simple resolution. ^ TB Mtg. Minutes - 2/24/94 Page 4. Mrs. Noteboom recommended to the Tovm Board that they not extend the time limit. From the 1st to the 14th of February the Town has collected 29 bills, and the interest and penalties totaled $281.81. The calculation interest and penalties starts the 1st of February and that same amount is calculated through February 28. If the Town Board extends the time and allows those 29 people to receive a refund of the interest and penalties, those people who have paid their bill from the 14th to the 28th can then come back and asked why it wasn't extended for them because they didn't pay theirs until after the 14th because they knev/ the amount would be the same until the 28th. Mrs. Noteboom said she did process all the bills which were postmarked for January 31st, and extended the payment date one day because of the weather. The Town made an extensive effort to give taxpayers the opportunity with the one day extension and by processing bills by the postmark date. The tax bill explains when the bills are due without interest and penalties. The penalties on each bill ijs 1% for the month of February. The Town keeps the interest and penalties from the bill even though the Town is presently collecting Tompkins County's warrant. ^ Attorney Barney asked if this would impact the Town if the County chose to extend the time limit? Mrs. Noteboom said the Town Board makes all decisions regarding the 1994 warrant until it is turned over to the County in June. Councilman Niklas asked if there were any compelling reason not to take Mrs. Noteboom'.s recommendation? Mrs. Noteboom said this has been publicized in various newspapers. There may be calls from taxpayers to the Town Board asking why they did not go along with the State and extend the time limit. Councilman Niklas said it would cost more in administration costs to process the refunds than it would for the refunds themselves. Motion made by Councilman Niklas, seconded by Councilwoman Valentino approving the Receiver of Taxes recommendation not to extend the time for collection of taxes for 1994 as outlined by Bill No. s . 6640/a . 9370 Chapter 5 v/hich enables the appropriate collecting offices to receive payment of the real property taxes on or before February 14, 1994 without penalty of interest. Councilman Klein asked if the policy on the postmarked date is new this year. TB Mtg. Minutes - 2/24/94 \Page 5. Attorney Barney responded it is law to process bills based on the postmarked date. Motion carried unanimously. Additional Agenda Item No. 2 - Schedule Public Hearing, Rezoninq; Motion made by Councilman Niklas, seconded by Councilman Klein authorizing the Town Clerk to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on March 7, 1994 in order to consider a Local Lav/ rezoning certain properties amounting to approximately 5.8 acres along Ridgecrest Road from Residence District R-30 to Residence District R-15, and adjusting the official Zoning Map accordingly. Mr. Walker explained some time ago the Town adopted an official Zoning Map which was a transition from the old format of mylar to the new computerized system. During the transition a line was drawn on the zoning map incorrectly. Supervisor Whitcomb said since the map is an official map of the Town the correction has to be made. Attorney Barney said technically it is a rezoning because of the adoption of the map. The Town Board discussed the wording of the Public Notice. Attorney Barney said he considered advertising this was necessary to correct a clerical error, but he did not feel it was necessary to do so. At the Public Hearing it can be explained v/hat the problem is. There is a subdivision proposal that involves some of these lots, so it is necessary to correct the map as soon as the law allows. The March 7, meeting was the logical meeting to do so before the Planning Board addres.sed these subdivision.s. Motion called by Councilman Niklas, motion carried unanimously. Additional Agenda Item No. 3 - Mileage Reimbursement: Mrs. Noteboom explained she and the Assistant Budget Officer needed a consensus of the Board concerning mileage reimbursement for Justice Larkin to the Association of Towns Meeting. Justice Larkin flew to New York City and came back on Tuesday rather than V/ednesday. Justice Larkin has asked if he can be reimbursed for the airplane fare. All other attendees went by the cooperative County bus or drove themselves. If Justice Larkin had gone by bus it would have been a cost of $62.00. Should he get the $62.00 or be reimbursed for more? '\ TB Mtg. Minutes - 2/24/94 Page 6 . Councilwoman Valentino felt the Tov/n should not pay for the airplane fare. Councilman Niklas said he felt Justice Larkin should receive the same amount as all the other people who attended. Councilwoman Grigorov noted Justice Larkin may have missed some important training sessions by leaving a day early. The Town Board made the consensus to reimburse Justice Larkin $62.00 the amount it would have cost had he chosen to ride the bus. Ad i ournment; As there was no further business to come before the Town Board, Councilman Niklas made a motion to adjourn. Seconded by Councilwoman Valentino. Carried unanimously. Meeting adjourned at 7:23 p m Respectfully submitted, Joan Lent Noteboom Tov/n Clerk MEMORANDUM TO:Town Board Members FROM:Joan Lent Noteboom, DATE:February 16, 1994 RE:Agenda Item No. 1 - Proposed Local Law Donald Franklin, Tompkins County Assessment provided me with the following information: 1. When there are changes in the tax roll for special interest groups such as the aged, everyone else on the roll would pick up that amount within their taxes. 2. For the 1994 Tax Roll the money transferred to all other taxpayers for the aged exemption was $3755.00. 3. The tax rate for the Town in 1994 was $1,180 per thousand, if there had been no aged exemption the rate would have been $1,175 per thousand. Therefore, it cost taxpayers 1/2 cent per thousand for the aged exemption. On a home assessed for $100,000 it cost $ . 50 . 4. On the 1994 tax roll, 81 aged property owners have the exemption based upon varying income levels. TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Special Town Board Meeting 2/24/94 Agenda Item No. 2 SEQR - Local Law No. 2, 1994 Resolution No. 58 WHEREAS, this action' is the consideration of Local Law No. 2, 1994 a, LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER"; and WHEREAS, this is an Unlisted Action for which the Town of Ithaca Town Board has been legislatively determined to act as Lead Agency in environmental review; and WHEREAS, at a Public Hearing held on February 24, 1994, the Town Board reviewed and accepted the Short Environmental Assessment Forms Part I and Part II prepared by the Town Clerk/Receiver of Taxes; and WHEREAS, the Town Clerk/Receiver of Taxes has recommended a Negative Determination of Environmental Significance for the proposed action; now therefore be it RESOLVED, that the Town Board of the Town of Ithaca hereby makes a Negative Determination of Environmental Significance in accordance with the New York State Environmental Quality Review Act proposed Local Law No. 2, 1994 a, "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER", and therefore an Environmental Impact Statement will not be required. MOVED; Councilwoman Valentino « Carried UnanimouslySECONDED: Councilman Niklas DATED: February 24, 1994 Joan Lent Noteboom, Town Clerk TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N,Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Special Town Board Meeting 2/24/94 Agenda Item No. 3 Enactment - Local Law No. 2, 1994 Resolution No. 59 WHEREAS, the properly advertised Public Hearing has been held to consider Local Law No. 2, 1994 a, "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER"; and WHEREAS, the Town Board of the Town of Ithaca does hereby approve of the schedule establishing income levels for partial exemptions as described in the said Local Law; now therefore be it RESOLVED, the Town Board of the Town of ithaca does hereby enact Local Law No. 2, 1994 a, "LOCAL LAW INCREASING THE PARTIAL TAX EXEMPTION FOR REAL PROPERTY OWNED BY PERSONS WITH LIMITED INCOMES WHO ARE 65 YEARS OF AGE OR OVER", said Local Law shall take effect immediately; and be it further RESOLVED, the Town Clerk is hereby authorized and directed to file said Local Law as prescribed by law, and an original copy of said Local Law to the Tompkins County Assessment Department who shall implement said Local Law for the Town of Ithaca. MOVED; Councilwoman Valentino SECONDED: Councilman Klein DATED: February 24, 1994 nJBLr.. Roll Call Vote Supervisor Whitcomb Aye Councilwoman Valentino Aye Councilman Niklas Aye Councilman Klein Aye Councilwoman Grigorov Aye Joan Lent Noteboom, Town Clerk TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 / N Special Town Board Meeting 2/24/94 Agenda Item No. 4 Approval Attendance Planning Conference Resolution No. 60 WHEREAS the American Planning Association is holding a Professional Development Conference in San Francisco, California on April 16-20, 1994; and WHEREAS, the Town Planning Staff has recommended that Louise Raimondo, Planner I attend the said conference to enhance staff development; and WHEREAS, Ms. Raimondo has offered to split the cost of airfare with the Town and lodge with friends while in San Francisco thereby cutting the cost by 44% of the total estimate; and WHEREAS, registration, approximately $658.00; now therefore be it Ms. Raimondo estimates that the cost of the per diem {$38/day), and 1/2 airfare will be RESOLVED, the Town Board of the Town of Ithaca hereby authorizes and approves the attendance of Louise Raimondo, Planner I to the American Planning Association Professional Development Conference, April 16-20, in San Francisco, California at a cost not to exceed $675.00 to be expended from Account No. B8020.403. MOVED: Councilman Niklas SECONDED: Councilwoman Grigorov DATED: February 24, 1994 Carried Unanimously 1a Joan Lent Noteboom, Town Clerk TOWN OF ITHACA 126 EAST SENECA STREET, ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Special Town Board Meeting 2/24/94 Agenda Item Additional No. 1 Extension of Deadline for Tax Collection Without Interest Penalty Resolution No. 61 BE IT RESOLVED, the Town Board of the Town of Ithaca hereby approves and accepts the Receiver of Taxes recommendation extend the time for collection of taxes for 1994 as Bill No. s.6640/a.9370 Chapter 5 which enables the appropriate collecting offices to receive payment of the real property taxes on or before February 14, 1994 without penalty of interest. not outlined to by MOVED: Councilman Niklas SECONDED: Councilwoman Valentino DATED: February 24, 1994 Carried Unanimously Joan Lent Noteboom, Town Clerk TOWN OF ITHACA 126 EAST SENECA STREET. ITHACA, N.Y. 14850 TOWN CLERK 273-1721 HIGHWAY 273-1656 PARKS 273-8035 ENGINEERING 273-1747 PLANNING 273-1747 ZONING 273-1783 FAX (607) 273-1704 Special Town Board Meeting 2/24/94 Agenda Item Additional No. 2 Public Hearing - Rezoning, Ridgecrest Road Resolution No. 62 BE IT RESOLVED, the Town Board of the Town of Ithaca hereby authorizes and directs the Town Clerk to advertise for a Public Hearing to be held at the next regular meeting of the Town Board on March 1, 1994, at 7:00 p.m. in order to consider a Local Law rezoning certain properties amounting to approximately 5.8 acres along Ridgecrest Road from Residence District R-30 to Residence District R-15, and adjusting the zoning map accordingly. MOVED: Councilman Niklas SECONDED: Councilman Klein DATED: February 24, 1994 Carried Unanimously rUiLr^ Jo^n Lent Noteboom, Town Clerk MEMORANDUM TO: FROM: DATE: RE: Town Board Members Joan Lent Noteboom, Town Clerk/Receiver of Taxes February 16, 1994 Agenda Item No. 1 - 2/24/94 Proposed Local Law No. 2, 1994 Franklin, Tompkins County Assessment provided me with the following information: 1. When there are changes in the tax roll for special interest groups such as the aged, everyone else on the roll would pick up that amount within their taxes. 2. For the 1994 Tax Roll the money transferred to all other taxpayers for the aged exemption was $3755.00. rate for the Town in 1994 was $1,180 per thousand. If there had been no aged exemption the rate would have been $1,175 per thousand. Therefore, it cost taxpayers 1/2 cent per thousand aged exemption. On a home assessed for $100,000 it cost $. 50. On the 1994 tax roll, 81 aged property owners have the exemption based upon varying income levels.