HomeMy WebLinkAboutTB 2024-129 Pokorney PDR - Authorize Conservation Easement PurchaseMEETING OF THE ITHACA TOWN BOARD
December9, 2024
TB Resolution 2024 - 129: Authorization to Purchase an Agricultural Conservation Easement on Tax Parcel No. 24.-1-34.2 (C. Denise Scott-Pokorney / 282 Hayts Road)
Whereas, the Town Board has adopted a Policies and Procedures Manual (July 12, 1999, updated March 13, 2006 and January 7, 2008) with specific guidelines and criteria for implementation
of the Agricultural Land Preservation Program; and
Whereas, the owner of Town of Ithaca Tax Parcel No. 24.-1-34.2 (C. Denise Scott-Pokorney / 282 Hayts Road) has submitted an application for the potential sale of the development rights
to her property through the purchase of an agricultural conservation easement by the Town of Ithaca; and
Whereas, an appraisal was completed in January 2024 with the easement value determined to be $127,000, and the landowner has offered to donate ¼ of the value ($31,750), reducing the
cost of the easement to the Town to $95,250; and
Whereas, the Town has established a reserve fund for open space preservation and park and recreation facilities, and such fund contains sufficient monies for the purpose of the acquisition
of this conservation easement; and
Whereas, a draft agricultural conservation easement and preliminary site plan have been prepared for the project and have been presented to this Board; and
Whereas, pursuant to the New York State Environmental Quality Review Act (“SEQRA”) and its implementing regulations at 6 NYCRR Part 617, it has been determined by the Town Board that
the acquisition of a conservation easement is a Type II action pursuant to 6 NYCRR Section 617.5(c)(39), and thus the acquisition of the conservation easement is not subject to review
under SEQRA; and
Whereas, the Town Board held a duly noticed public hearing on December 9, 2024 to consider comments from the public regarding the proposed acquisition of the agricultural conservation
easement; now, therefore, be it
Resolved, that the Town Board authorizes the execution of the proposed agricultural conservation easement with C. Denise Scott-Pokorney for the receipt by the Town of an agricultural
conservation easement on approximately 71 acres of land at 282 Hayts Road in the Town of Ithaca; and it is further
Resolved, that the Town Board authorizes the payment to C. Denise Scott-Pokorney of $95,250 for such easement upon closing the transfer, receipt of the executed deed of the easement,
and approval of the attorney for the Town of the title to such easement; and it is further
Resolved, that payment of said funds are to be made from the Town’s Parks, Recreation & Open Space Plan Account; and it is further
Resolved, that the Town pay the incidental costs (recording fees and other similar expenses) as incurred in order to complete such closing; and it is further
Resolved, that the Town Supervisor is hereby authorized to execute said agricultural conservation easement and other related documents on behalf of the Town; and it is further
Resolved, that pursuant to General Municipal Law Section 6 (c), this resolution is subject to a permissive referendum in accordance with Article 7 of the Town Law (payment of funds are
to be made from the Town’sParks, Recreation & Open Space Plan Account, which is a reserve fund), and the Town Clerk is directed to publish and post a notice of adoption of this resolution,
within ten days of its adoption, together with a copy or an abstract of the resolution and a notice stating it is subject to a permissive referendum.
Moved: Rich DePaoloSeconded: Rod Howe
Vote: Ayes – Levine, Rosen, DePaolo, Howe, Bleiwas, Johnson and Gutenberger