Loading...
HomeMy WebLinkAboutMN-PLED-2015-11-19Approved at the December 9, 2015 PEDC Meeting City of Ithaca Planning & Economic Development Committee Thursday, November 19, 2015 – 6:00 p.m. Common Council Chambers, City Hall, 108 East Green Street Minutes Committee Members Attending: Joseph (Seph) Murtagh, Chair; Graham Kerslick, Ellen McCollister, Cynthia Brock, and Josephine Martell Committee Members Absent: None Other Elected Officials Attending: Alderperson George McGonigal Staff Attending: JoAnn Cornish, Director, Department of Planning, Building, Zoning, and Economic Development; Jennifer Kusznir, Senior Planner; Lisa Nicholas, Senior Planner; Nels Bohn, Director, Ithaca Urban Renewal Agency; Julie Holcomb, City Clerk Others Attending: Chair Seph Murtagh called the meeting to order at 6:00 p.m. 1) Call to Order/Agenda Review The October 2015 minutes will not be voted on tonight. 2) Public Comment and Response from Committee Members Stacey Black, 329 East Cortland, Groton, is the Business Development Coordinator for the International Brotherhood of Electrical Workers, and served on the CIITAP working group. Throughout the process the group struggled with the task of deciding what benefits that could be added without creating additional burdens on a developer. Alex Hyland, 220 Hayts Road, is a local builder who loves what he does and loves this area. He would like to see this program go through so that local labor isn’t outsourced. Local labor spends money in the community; out-of-town labor does not. Mike Tolarski, 134 Cecil A. Malone Drive, spoke on the importance of local labor as it refers to the CIITAP program. He asked the question, “What do out of town contractors Approved at the December 9, 2015 PEDC Meeting give back to the community?” He asked that the group think about that when making your decision with this program. Brian Noteboom, 97 Irish Hill Road, Newfield, is a local laborer. He doesn’t agree that there isn’t enough local labor to get these jobs done. He stated a number of projects that he and other local laborers have completed. John Bentkowski, 108 Treva Avenue, is a local real estate broker. He stated that banks will not provide financing for projects that claim to be receiving abatements. They must show they have the ability to pay the mortgage and taxes without the tax abatements. He does not believe this program is fair to all. Irene Weiser, 334 B’dale (???) Road, believes the current CITTAP program encourages too much development. The community is disagreeing. What is an economy? What is an economy for? She challenges the working group to approve not just more development, but better development. Elan Shapiro, 211 Rachel Carson Way. The quality of development needs to be reviewed. The guidelines that have changed some are not a decisive step. He submitted an article entitled, ‘Seven Steps to Development’. We have made many steps, but we have many more to go. Kathy Russell, 434 Snyder Hill Road, from the Worker’s Center supports the vision that CISAID proposed. Chair Murtagh stated the question tonight is whether this program is still needed. It is the recommendation of the CITTAP working group that it should be continued. 3) Announcements, Updates, and Reports  Alderperson McCollister stated there is a new group being formed for design guidelines for Collegetown and for downtown.  The Downtown Ithaca Alliance MOU will be discussed at the December Planning and Economic Development Meeting  Exterior Property Maintenance Ordinance will be discussed in December.  Backyard Chickens will be brought back in December Approved at the December 9, 2015 PEDC Meeting 4) Action Items (Voting to Send onto Council) a) Seneca Street Garage Murals – Resolution In Megan Wilson’s absence, JoAnn Cornish informed the group that these two artists had dropped out of the Dryden Road mural project so there is money left over from that project that will be used to pay for these two artists. Moved by Alderperson Brock; seconded by Alderperson Kerslick. Passed unanimously. WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City’s public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and WHEREAS, the Board of Public Works approved several locations, including the Seneca Street Parking Garage, for future murals and street art by resolution on May 19, 2010, and WHEREAS, the City’s Parking Division has requested that the PAC seek murals for top floor of the Seneca Street Parking Garage to enliven the garage while also deterring graffiti and reducing ongoing maintenance costs, and WHEREAS, the PAC issued a Call for Art for two walls on the top floor of the garage in September 2015 and received 14 submissions for the project, and WHEREAS, the PAC reviewed all of the submissions at its meetings on October 14, 2015 and October 28, 2015 and voted to recommend that the Common Council select “Ursa Major” by Margaret Reed and “Flock Together” by Justin Suarez to be installed on the facing walls of the ninth floor of the Seneca Street Parking Garage, and WHEREAS, the selected proposals have been distributed for public comment, and the responses to both proposed murals has been overwhelmingly positive, and WHEREAS, the project will be funded through the previously approved budget for the Dryden Road Parking Garage Mural Project and no additional funding is needed for the installation of the two murals; now, therefore, be it RESOLVED, that the City of Ithaca Common Council selects “Ursa Major” by Margaret Reed and “Flock Together” by Justin Suarez to be installed on the ninth floor of the Seneca Street Parking Garage, and be it further Approved at the December 9, 2015 PEDC Meeting RESOLVED, that the selected artists may proceed with the installation of their murals at their assigned locations within the Seneca Street Parking Garage upon the execution of an agreement with the City (as reviewed by the City Attorney). b) Annual Common Council Concurrence for Lead Agency Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an Involved Agency Resolution Lisa Nicholas, Senior Planner, stated that purpose of this resolution will help the projects that come to the Planning Board to which Common Council is an involved agency. The approval of this resolution will cover all projects coming in, and not have to be done for each project that may not move along in the time constraints. Moved by Alderperson Kerslick; seconded by Alderperson McCollister. Carried Unanimously. WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the City Code, Environmental Quality Review, require that a lead agency be established for conducting environmental review of projects in accordance with local and state environmental law, and WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve approvals or funding from Common Council, making Council an involved agency in environmental review, and WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review process more efficient, it is desirous to have an agreement that the Planning Board will assume Lead Agency status for such projects , and WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca Environmental Quality Review Ordinance, involved agencies are provided with project information and environmental forms for their review, as well as all environmental determinations; now, and WHEREAS, on April 7, 2015 the Common Council did consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2015, therefore be it Approved at the December 9, 2015 PEDC Meeting RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as Lead Agency in environmental review for site plan review projects for which Common Council has been identified as an Involved Agency through December 31, 2016; and, be it further RESOLVED, that for any future project Common Council may withhold or withdraw its consent should it so desire. 5) Action Items – Approval to Circulate a) Taxi Legislation City Clerk Julie Holcomb stated the issue of regulating taxicabs, liveries, and transportation network companies such Uber is currently being discussed and considered by the Governor and the New York State Legislature. Once it is determined whether companies such as Uber will be regulated by the State or at the local level have been made, she will bring this legislation back to the committee for further review and modification if needed. Alderperson Brock asked whether we (the City) has the ability or authority with Ubers. Holcomb stated it’s not clear whether this regulation can be handled at the municipality level Alderperson Brock moved to circulate; Alderperson Kerslick seconded it. Passed unanimously for circulation. ORDINANCE NO. 2015- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are hereby amended to read as follows: § 232-57. Taxicab Driver's license required; qualifications. No person shall operate or drive a taxicab without having in force and effect a taxic ab driver's license in accordance with the provisions of this article. No person shall be issued a taxicab driver's license unless such person: A. Has a valid New York State chauffeur's license. B. Is over the age of 18 years. C. Is of sound mind and body, with good eyesight and not subject to any infirmity of mind or body which renders the applicant incapable or unfit to safely operate a taxicab. Each applicant shall produce a physician's medical certificate signed by a licensed physician, Approved at the December 9, 2015 PEDC Meeting physician's assistant, or nurse practitioner dated not more than 30 days prior to the application certifying that the applicant is physically qualified to operate a motor vehicle. D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the use of drugs. E. Meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. Shall not have been convicted of a felony involving violence, dishonesty, deceit or indecency nor any sexual offense. F. Shall not have been convicted of driving with ability impaired or intoxicated due to alcohol or drugs while operating a taxicab. G. Shall not have been convicted of leaving the scene of an accident which resulted in personal injury or death for five years from the date of the last conviction. H. Shall not have been convicted, as a first offense, for any violation of driving while ability impaired or intoxicated due to alcohol or drugs for five years from the date of conviction. I. Shall not have been convicted, as a second offense, for an y violation of driving while ability impaired or intoxicated due to alcohol or drugs. § 232-58. Application for taxicab driver's license; investigation and refusal. A. Contents. (1) Every applicant for a taxicab driver's license shall submit a signed and sworn application upon such forms as shall be required by the Chief of Police, showing compliance with the requirements hereinabove set forth and such other information as shall be deemed necessary and reasonable by the Chief of Police in the interest of safety, health and welfare. Such information that is required by the Chief of Police shall include but not be limited to a statement giving: (a) The full name and place of residence of the applicant. (b) The applicant's date of birth, height, color of eyes and hair and place of birth. (c) Whether or not the applicant is a citizen of the United States. (d) Places of employment for the previous five years. (e) Whether the applicant has ever been convicted of a felony or misdemeanor. (f) Whether the applicant's driver's license has ever been suspended or revoked and, if so, for what cause. (g) The chauffeur's license number issued by the state. (2) Submit a certification of physical examination to be signed by a licensed physician, physician's assistant, or nurse practitioner. Approved at the December 9, 2015 PEDC Meeting (3) Such statement shall be signed and sworn to by the applicant and filed with the Chief of Police. B. False information; effect and action thereon. Any false statement by the applican t for a taxicab driver's license shall be cause for refusing the license or revoking the license after it is issued, and any such false statement shall be promptly reported by the Chief of Police to the District Attorney. C. Photographs of drivers. Each applicant for a taxicab driver's license must file with his/her application two unmounted, unretouched, good -likeness photographs of the applicant, full face size, two inches by two inches. The face portion shall not be less than 1 3/4 inches high, with the balance in normal prospective proportion. The photograph shall be taken within 30 days of the date of the application by means of a permanent, nonfading process. The applicant shall be hatless in the photograph. A copy of the photograph shall be filed with the application and another copy attached to the license to be issued hereunder. If the applicant does not have the means to produce such photograph, the Ithaca Police Department will make arrangements to have the photograph taken. D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police Department and shall furnish a set of fingerprints have fingerprints taken every three years. The criminal history report that is returned with the fingerprints shall be submitted to the Ithaca Police Department as part of accompany the application. which shall be kept on file as a permanent record. E. Authorization for investigation. Accompanying each application, the applicant shall furnish to the Chief of Police, on a form provided by the Chief of Police, a signed authorization by the applicant permitting any person to divulge and report to the Chief of Police any matter which might otherwise be confidential, without limitation except as required by law. F. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving record, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. G. Refusal of license. If the results of the investigation are unsatisfactory, in the opinion of the Chief of Police, the applicant shall be refused a license, subject to the provisions hereof for hearings. § 232-64. Taxicab licensing procedures. A. Taxicab license application. Application for taxicab licenses shall be made by the owner of each business on forms to be furnished by the Chief of Police. The completed application shall contain: (1) Owner information: the name, date of birth, address, telephone number and record of all convictions of crime, if any, of: (a) Owners. Approved at the December 9, 2015 PEDC Meeting (b) Managers having immediate charge of taxicabs. (c) Beneficial holders of 25% or more of stock of corporate applicants. (2) Prior license history of owner: whether the owner has been previously licensed to operate a taxicab in the City or elsewhere and, if so, the particulars thereto. (3) Vehicle information required for each operating taxicab: the make of the motor vehicle, the year, the engine and body serial number, the state registration number, the length of time and mileage that the vehicle has been driven and the seating capacity according to its trade rating. (4) Vehicle inspection: Proof of New York State inspection made within 30 days of the license application shall be submitted by the applicant for each vehicle in operation. In addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure that the interior and exterior of the each vehicle is maintained in a clean and sanitary condition, and that the signage requirements of this article are complied with, and reinspection of said each vehicle may be made from time to time by the Chief of Police or his/her designee. Each vehicle shall be submitted to a New York State inspection annually at least once every six months. (5) Vehicle liability insurance: proof of liability insurance in the minimum amount of $25,000 per person and $50,000 per accident for personal injuries, and $10,000 per accident for property damage. (5) Vehicle liability insurance: Proof of insurance in accordance with the minimum amounts as specified by the City, which such minimum levels shall be updated from time to time, and shall be available for review on the City's website and/or in person at the Ithaca Police Department. B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New York State Department of Motor Vehicles f or use as a taxicab. C. Investigation. After receipt of an application, the Chief of Police shall institute an investigation of the applicant, including the applicant's driving re cord, and no license shall be issued under the provisions of this article until the Chief of Police has indicated, in writing, approval thereof after such investigation has been completed. D. Issuance of license. (1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to issue a taxicab license upon determining: (a) That there are no false statements or concealed facts in the application. (b) That all application requirements have been satisfied. (c) That each and every applicant, as specified in subsection A(1) of this section, meets the standards embodied in Article 23-A of the New York Correction Law if he or she has previously been convicted of one or more criminal offenses. (d) That there are no other grounds for refusal. In this regard, the license may be refused for any reason which, in the opinion of the Chief of Police, ma y be detrimental to the best Approved at the December 9, 2015 PEDC Meeting interest of the general public both in welfare and safety, provided that, in the making of such determination, the Chief of Police shall set forth specific reasons for such disapproval. Such findings shall be subject to hearings as provided by this article. (2) Such license shall be for a period of 12 months from the date of issuance, unless sooner revoked. E. Renewal of taxicab license. The same procedures shall be followed as for original applications. Every person to whom an owner's license is issued shall have the right to renew said license within 30 days of the expiration date, provided that the other requirements of this article are complied with. § 232-68. Suspension or revocation of taxicab vehicle for hire business licenses. A. Grounds. A taxicab license may be revoked or suspended at any time at the discretion of the Chief of Police if the a vehicle is used for criminal business or purposes or if the licensed owner is convicted of a violation of this article. B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Automatic revocation. In the event that any person to whom a taxicab license is i ssued has such license suspended on three occasions, such owner's license shall be revoked. [Deleted and reserved for future use.] § 232-70. Taxicab rates. A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as shown on a map and schedules entitled "Taxicab Zones and Rate Schedules, City of Ithaca," which said map and schedules, appended herewith, are hereby declared to be a part of this article.[1] Schedule A therein depicts the base zone charges, for one passenger, for a trip between the designated zones. Schedule B depicts the fuel cost recovery surcharge which may be added to the applicable base zone charge, as set forth in Subsection B below. A. The rate for taxicab fares that originate and terminate within the City of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. The rate for taxicab fares that originate and terminate within the City of Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00. B. Except as otherwise provided in Subsection C D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts . shown on said map and schedules, or, for additional passengers, as shown on said schedules and Approved at the December 9, 2015 PEDC Meeting as set forth in Subsection C below. At least once every three years, during the month of April, the amounts shown on said map and schedules shall be reviewed by Common Council to determine if the rate schedule in force at the time remains appropriate. Taxicab rates shall be reviewed annually by Common Council at the request of the owners of licensed taxicab companies. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca, together with the full text of the city's rate law and a copy of the most recent applicable fuel surcharge confirmation, are available upon request from the driver of this taxicab, according to City ordinance." B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that originate within the City but terminate outside of the City shall be as follows: East Hill Plaza $11.00 Cayuga Medical Center $11.00 Malls/Triphammer Area $12.00 Convenient Care $15.00 Ithaca College $11.00 Tompkins County Airport $17.50 TC3 $31.00 Trumansburg $30.00 Fuel cost recovery surcharge. Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base zone charge for a taxicab passenger, subject to the following. This surcharge is based on the following findings: (a) The estimated average length of a taxicab trip is 6.8 miles; (b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel; (c) Thus, the average taxicab trip uses .45 gallons of fuel; (d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon increase in the cost of gasoline, since the last adjustment of the base zone rates, is deemed to be an additional $0.05. (2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery surcharge at each level of current gasoline prices is included in Schedule B of the aforementioned Taxicab Zones and Rates Schedules. (3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall initially be determined as of October 1, 2006, and shall be d etermined and adjusted as of January 1, April 1, July 1 and October 1 of each year thereafter. Approved at the December 9, 2015 PEDC Meeting (4) For the quarter commencing on each such effective date, the amount of the surcharge shall be based upon the average, regular conventional retail gasoline pr ice per gallon in New York State, as reported by the U.S. Department of Energy, Energy Information Administration (or its successor agency), for the date which is 10 days before each of the effective dates set forth immediately above. (5) The amount of the surcharge shall be confirmed, in writing, by the office of the Controller of the City of Ithaca, at least five days before each of the effective dates set forth above, which confirmation shall be made available by that time at City Hall and on the City of Ithaca’s internet website. (6) No taxicab owner or driver may charge or collect any fuel surcharge unless: (a) The surcharge sought is the surcharge amount then in effect; (b) The owner or driver has procured written confirmation by the office of the City Controller of the surcharge currently in effect; and (c) The owner or driver can display a copy of said confirmation to the passenger, prior to collection of the fare. C. D. Rate rules. (1) Zone line rates. When the destination of the taxicab is the dividing line between two zones, the fare for the lesser zone will be charged. Children. One child five years of age or under shall ride free if accompanied by an adult passenger. No driver shall be required to convey any child under the age of five years unaccompanied by an adult. Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount. of $1.15 in regulated fares. Additional passengers. A taxicab driver may charge $01.50 fare for each additional passenger of the same party and same destination. Late night surcharges. A taxicab driver may charge an additional $0.50 per passenger for each trip commencing or terminating between 8:00 p.m. and 5:00 a.m. Baggage. No charge will be made for two suitcases, no larger than two feet by two feet by six inches in size, and one travel bag for each passenger. A charge of $1 for each oversized or additional piece of luggage under 25 pounds shall be authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be authorized. Each passenger shall be allowed to carry up to five papers or 10 plastic grocery bags at no charge. A charge of $0.25 for each additional grocery bag shall be authorized. A Approved at the December 9, 2015 PEDC Meeting $3.00 surcharge will be charged for oversized luggage and trunks that weigh 50 pounds or more. Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is equipped with suitable racks. Tip solicitation. No driver shall solicit tips, gratuities or any additional charges other than those authorized by this article. However, non-solicited voluntary tipping is permitted. Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating or terminating in the City of Ithaca, the taxicab driver shall agree with the passenger prior to the commencement of the trip for the rate to be charged, which shall include all tolls required to be paid. Prepayment. A taxicab driver shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid. Group rides. No taxicab driver shall carry any person other than the passenger first employing the taxicab without consent of such passenger. Exclusive rides. A passenger may request an exclusive ride through dispatch when arranging for transportation. If a passenger is not willing to share a ride with others, a $3.00 surcharge will be applied to the regular fare. Waiting time. After a person has hired a taxicab, there shall be no charge for up to five minutes during which the taxicab waits for the passenger at the passenger's request. There shall be a charge of $2.50 for each additional five minutes or any portion thereof. The taxicab driver shall inform the passenger of the charge for waiting time at the time of request. Disputed fares. In the event that there is a dispute between the taxicab driver and a passenger with respect to a fare, the taxicab driver shall submit the dispute to the desk officer in charge at police headquarters. If the passenger then makes pa yment according to the amount determined by said police officer, the passenger shall be given a receipt by the taxicab driver of the amount paid, which shall be witnessed by the police officer. If the passenger pays under protest, such fact shall be recorded by the desk officer, who shall make a memorandum of the dispute and the disposition made. The disposition of the dispute shall not be binding in a court. Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by the City Clerk, and shall instruct their drivers to apply the rules fairly and consistently, advising them that charges must not be exceeded under any circumstances. Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline prices Approved at the December 9, 2015 PEDC Meeting exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge may be implemented by Common Council. This surcharge will be added to the base fare. § 232-72. Suspension, revocation or refusal to renew licenses; hearings. A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or taxicab license and may refuse to approve an ap plication or a renewal thereof for any of the following reasons: (1) Violations: the applicant or licensee has not satisfied or has violated any of the provisions of this article. (2) Prior revocation or suspension: the applicant, any officer, director, stockholder or partner or any other person directly or indirectly interested in the application fo r a taxicab license was the former holder or was an officer, director, partner or stockholder in a corporation or a partnership which was the former holder of a taxicab license which had been revoked or suspended. (3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit to be a licensee in the best interest of the public welfare and safety. (4) If the vehicle is used for criminal business or purposes, the licensee is convicted of a violation of this article, or the licensee is convicted of a criminal offense such that he or she fails to meet the standards as embodied in Article 23 -A of the New York Correction Law. (5) In the event that any licensee has such license suspended on three occasions, the license shall be revoked automatically. B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police and retained by him/her until the suspension period expires. C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or revoked or who has had a renewal refused or any individual to whom an initial license has been refused shall be granted a hearing before the Community Police Board within 30 days after written request therefor has been made to the Chief of Police. At the hearing, such person shall have an opportunity to rebut by evidence or testimony such suspension, revocation or refusal. The Community Police Board is authorized to affirm, reverse or modify in any respect the action of the Chief of Police. Section 2. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. Approved at the December 9, 2015 PEDC Meeting b) Changes to Community Investment Incentive Tax Abatement Program The purpose of the CIITAP working group was first to decide whether this abatement program is still needed. The Committee met several months and found that they were coming back to the same conclusion – the lack of data. Alderperson McCollister stated that the majority of the existing development does not occur in the CIITAP area. Chair Murtagh asked the Committee if they had any comments or concerns. Alderperson Kerslick first thanked the working group for what the work they have done. He stated he doesn’t have a handle on what the City has done or provided with the abatements that have been granted. He would like to know why affordable housing isn’t a development that can take advantage of this program. Alderperson McCollister stated that if we want more affordable housing, inclusionary and/or incentive zoning may be the way to go. Nels Bohn stated that people look at this program in different ways. Some want affordable housing, others want sustainability, etc. Jennifer Kusznir explained the purpose of this program (please refer to Page 17 of these minutes). It started as a density program to bring more development downtown. Some of the projects done through this program include hotels in the downtown co re. People staying at the hotels are shopping and dining in the City which brings money into the City. Alderperson Brock stated that in 2008 there was a funding collapse which slowed development. Tax credits or abatements create certain benefits to the developers. She looks at this as the use of a blunt tool. She doesn’t see it benefiting the City. Is tax abatement the answer or is incentive type zoning? She doesn’t agree that this is the tool to reach what we all really want. Chair Murtagh asked the group why it is so expensive to develop in the downtown. Hermann Severding, a member of the working group, stated the current hotels being built require a lot more development costs – masonry, cranes, etc. costs. Chair Murtagh further stated he is comfortable circulating this for comments. Approved at the December 9, 2015 PEDC Meeting Nels Bohn stated before circulating, he recommends asking the question to those receiving the circulation what their priority is. Moved by Alderperson McCollister; seconded by Alderperson Kerslick. Passed unanimously for circulation. Approved at the December 9, 2015 PEDC Meeting 9 I. Objective In conjunction with the goals of the Tompkins County Comprehensive Plan, the objective of CIITAP is to encourage development in the City that would increase jobs, increase the tax base, promote density in the city core, encourage rehabilitation and redevelopment of underutilized sites, and help create a vibrant downtown center. Additionally, the CIITAP encourages development which can result in additional benefits to the community, such as producing local labor and living wage employment opportunities, or assisting the community with reaching sustainability goals or goals in diversifying employment and ownership of companies investing in the City of Ithaca. Specifically the goals, as stated in the Tompkins County Comprehensive Plan, are as follows: ■ Strengthen and enhance the City of Ithaca’s downtown area as the urban center of the county. ■ Increase the amount and density of housing and business space in the central business districts throughout the county. ■ Promote greater density by encouraging development of existing ‘gaps’ left by abandoned buildings and vacant parcels. City of Ithaca Community Investment Incentive Tax Abatement Program (CIITAP) – Revised 11/17/15 The Community Investment Incentive Tax Abatement Program (CIITAP) is a property tax abatement program that allows property owners to apply for abatement for a portion of their property taxes for a period of up to 7 years, by meeting a basic set of criteria o r for a period of up to 12 years by providing additional specified community benefits , as further defined herein under “Basic Eligibility Requirements (7 year abatement) and “Enhanced Eligibility Requirements (12 year abatement) The City of Ithaca is committed to creating a work environment and community that values and supports diversity and inclusion and to developing laws, policies and procedures that are mindful and inclusive of our diverse community. Approved at the December 9, 2015 PEDC Meeting II. Density Boundary This program is intended to apply to projects located within the City of Ithaca Density District. The District is outlined on the map below. III. Basic Eligibility Criteria (7 year Abatement) Project sponsors applying for tax abatement(s) under the City of Ithaca Community Investment Incentive Program must meet the following size, density, location, municipal compliance, sustainability, local labor, and diversity and inclusion requirements: 1.) Project Size Requirement ― In order to meet the minimum project size requirement to be eligible for tax abatements under CIITAP, a project must provide a letter from the Tompkins County Assessment Office that states that the project will result in an estimated increase in the assessed value of the property by at least $500,000. Approved at the December 9, 2015 PEDC Meeting 2.) Project Density Requirement ― In order to meet the minimum density requirement to be eligible for tax abatement under CIITAP, a project must either:  Contain a minimum of 3 occupiable stories in height. or  Must be a major restoration of an existing structure. 3.) Project Location Requirement ― In order to meet the location requirement to be eligible for tax abatement under CIITAP, a project must either:  Be located in the City of Ithaca Density District or  Be a redevelopment of a Brownfield site that is registered as a DEC inactive hazardous waste site (www.dec.ny.gov/cfmx/extapps/derexternal/index.cfm?page id=3) 4.) Municipal Compliance – Each property in the City of Ithaca owned by the Applicant must be in full compliance with all applicable local laws and regulations, consent agreements, and orders of the Director of Code Enforcement, and current on all taxes, assessments, fees and penalties due to the City. Properties owned by the Applicant in the City of Ithaca shall include any property for which an Applicant, or their partners has an ownership interest of 20% or more. Partners shall include any partners owning 20% or more of the project LLC, Corporation, or project equity. 5.) Sustainability and Energy Requirement- ― In order to meet the sustainability and energy requirement to be eligible for tax abatement under CIITAP, a project must either:  Conduct an annual benchmarking of energy usage during the term of the abatement by using the free online software, EPA Energy Star Portfolio Manager. This tracking would show whether the building is using energy at the level designed.  Benchmarking report would be provided to the City and the IDA  The information would also be made available to the public OR  Provide documentation that certifies that their construction will qualify for Base LEED certification. The project will also need to provide documentation at the end of construction that has been stamped by a certified architect stating that the building was constructed to the standards listed in the LEED certification checklist. 6.) Diversity and Inclusion- In order to meet the minimum diversity requirements an applicant must submit to the City the following: Approved at the December 9, 2015 PEDC Meeting  The “Company’s or the major tenant’s existing workforce demographics by gender, race/ethnicity, age, disability, job class and gender, and job class and race/Hispanic ethnicity; and  Acknowledgement they have read and understand the City’s Anti-Discrimination employment ordinance; and  A statement of their company’s or the major tenant’s goals for workforce diversity as defined in the Company’s Diversification Plan 7.) Local Construction Labor- Applicants are encouraged to hire locally wherever possible. For the purposes of this application, local is defined as anyone residing in Tompkins County, or any of the 6 contiguous counties of Cayuga, Seneca, Schuyler, Chemung, Tioga, and Cortland Counties. In order to be eligible for a tax abatement an applicant must commit to the City in writing that they will meet the minimum local labor requirements described below, and will submit to the IDA the following information:  The Developer must have the General Contractor solicit bids from local sub- contractors and provide evidence that this has been done by providing a bid list and documentation that an ‘invitation to bid’ has been sent to all subcontractors on the list  Monthly payroll reporting of all workers on site during construction with a summ ary of how many employees are “local.” The reporting should be in the form of a “Certified Payroll” Please note that this is not a prevailing wage rate job but simply using the reporting format for one as a means of collecting this data. Preliminary eligibility is determined by the City of Ithaca CIITAP Committee, which consists of the Mayor, the Director of Planning and Development and the Director of Community Development for the Ithaca Urban Renewal Agency. Preliminary eligibility will be based on the applicant’s commitment to the above-stated criteria. Once preliminary eligibility has been determined, the Mayor will provide a letter of endorsement to the Tompkins County Industrial Development Agency (IDA). The final eligibility will be determined b y the IDA.(See Section IV for the complete application process.) IV. Enhanced Eligibility Criteria (12 year abatement) Project sponsors applying for tax abatement(s) under the CITAP, may elect to apply for enhanced 12 year abatement by meeting the minimum requirements in section III of this application, by proving the project has financial need and by providing the local community with one or more pre-established benefits listed below: Option 1: Local Labor Approved at the December 9, 2015 PEDC Meeting  The City of Ithaca acknowledges the importance of incorporating local labor in projects wherever possible and practical. An applicant may apply for an enhanced abatement, if they can show that 40% of their construction labor force are from Tompkins County or one of the adjacent 6 counties(Chemung, Tioga, Seneca, Cortland, Schuyler, or Cayuga Counties) **The CIITAP policy will adopt the findings of the IDA regarding requirements for local labor. If the IDA establishes a minimum local labor standard for all projects, an applicant will not be eligible for an enhanced abatement by providing the minimum requirements and the minimum requirements for an enhanced abatement may be adjusted. Option 2: Energy Standards and Sustainability  The City of Ithaca acknowledges the importance of encouraging sustainable development with high energy standards. An applicant may apply for an enhanced abatement, if the proposed development will be constructed to use at least 20% less than the current New York State Energy Code Requirements. o The applicant will be required to use the free online Department of Energy Building Energy Asset Score tool and submit the score to the City with their application. The U.S. Department of Energy’s Building Energy Asset Score (Asset Score) is a national standardized tool for assessing the physical and structural energy efficiency of commercial and multifamily residential buildings. The Asset Score generates a simple energy efficiency rating that enables comparison among buildings, and identifies opportunities to invest in energy efficiency upgrades. It is available for voluntary use and is 100% free to use. http://energy.gov/eere/ buildings/ building energy-asset-score. The building will need to receive a score of X out of 10. In addition, the score must be certified by a third party a licensed engineer or architect. Option 3: Living Wages  The City of Ithaca acknowledges the importance of encouraging employers to fairly compensate employees with a livable wage. An applicant that is proposing the development of a hotel or some other single use building may apply for an enhanced abatement by agreeing that for the entire term of the abatement, 100% of their labor force or (?) at least 25 employees, will be paid at least a living wage salary, as defined by the most recently published Alternatives Federal Credit Union Living Wage Study. V. Incentive Package Property Tax Abatement ― The Basic CIITAP property tax abatement will begin at 90% in year one and decrease in equal increments over seven (7) years. However, this minimum term may be adjusted in order to match with the IDA minimum abatement period. Applicants may request a ten year property tax abatement that begins at 100% in year one and decreases in equal increments over ten (10) years, if the applicant can demonstrate financial need, as determined by a review by IDA administrative staff of the project pro forma. In addition, an applicant can apply for an enhanced Approved at the December 9, 2015 PEDC Meeting 12 year abatement, that begins at 100% in year one and decreases in equal increments over twelve (12) years, by showing that the project has financial need, meets all of the minimum requirements listed in section III of this application, and also fulfils at least one of the enhanced benefits listed in section IV of this application. The abatement will only impact taxes on improvements to the property and not taxes on the existing value. Term The basic abatement schedule has been established at 7 years. However, the minimum term may be adjusted in order to align with the minimum abatement period that is established by the Tompkins County Industrial Development Agency (IDA). The maximum term will be determined by the value of the benefits offered to the Community, however, the term shall not exceed 12 years. The IDA retains the ability to offer more than the standard abatement package, based on an analysis of the impact on the economy, the needs of the business, and input from the City of Ithaca. The IDA may negotiate additional abatements based on financial need.  Sales Tax Abatement – The applicant will be exempt from both the local and State portion of sales tax on construction materials, equipment, and furnishings associated with the project.  Mortgage Recording Tax – The applicant will be exempt from the State portion of the Mortgage Recording Tax ($2.50 per $1,000). VI. Application Process Tompkins County Area Development, Inc. (TCAD) provides administrative and marketing services to the IDA. Potential applicants should contact the City Planning Division to schedule a meeting with Planning staff and TCAD staff, to determine project eligibility. If the project appears eligible, TCAD will assist with completing the application for assistance. It is strongly advised that potential applicants schedule the initial eligibility determination meeting as early in the process as possible, in order to determine if the dollar value of the proposed incentives exceeds the associated fees. Based on the nature of the project and the incentives requested, the following will occur:  Eligibility Determination Meeting ― A developer seeking a tax abatement under this program must first have a joint meeting with staff from TCAD and the City Planning Division.  CIITAP Application ― A developer must submit a completed CIITAP application to the City of Ithaca Planning Division. The application will be reviewed for completeness and will be submitted to the Mayor for consideration.  Public Information Session ― The City will schedule a Public Information Session, at which the developer will be responsible for presenting information about the project and Approved at the December 9, 2015 PEDC Meeting answering questions from the public. The City will advertise the public information session with a press release to the local media. The developer is responsible for posting the property at least 5 days prior to the Public Information Session, with the date, time, and location of the meeting.  City Approval ― A City CIITAP Review Committee, consisting of the Mayor, the Director of Planning and Economic Development, and the Director of Community Development for the IURA, will consider project approval, based on the stated criteria of density, size, location, and municipal compliance. If the criteria are satisfied, the CIITAP Review Committee will forward the completed application, along with a letter of approval to the IDA.  IDA Application ― A developer will submit a standard IDA application to the IDA for consideration, in addition to the CIITAP application and Mayor’s approval letter. The IDA will make an independent determination of the project.  Public Hearing ― Following an initial review, the IDA will, if favorably disposed toward a project, schedule a public hearing on the proposed incentive package. Standard IDA policies apply with regards to public hearing notification and other requirements.  IDA Determination ― Following a public hearing, the IDA will make a conditioned determination on the project. No final decision may be reached by the IDA until SEQR requirements have been met by the developer.  Notification and Reporting ― The IDA will notify the City of Ithaca and appropriate taxing jurisdictions once a project is approved. The IDA may diminish or rescind incentives should the project materially change. IDA agreements generally have claw back requirements.  Applications under this policy may not be accepted after December 31, 2017, unless the IDA and City of Ithaca vote to extend the policy beyond that date. Refer to the Tompkins County Industrial Development Agency’s Mission, Policies, and Procedures for additional information. VII. Application Fees The applicant is responsible for payment of the following fees associated with the CIITAP process : 1. City Administrative Fees –The applicant will be responsible for paying the City a flat fee of $750 (seven hundred and fifty dollars) in order to cover the cost of processing the CIITAP application and the public meeting notifications. This fee is due to the City at the time that the application is submitted. 2. IDA Administrative Fees ― The applicant is responsible for paying the IDA Administrative Fee at the time of closing. This fee will be equal to 1% of the total value of expenses that are positively impacted by IDA incentives. This includes the value of construction of improvements to property that is impacted by property and sales tax abatement, and the value of furniture, fixtures, and equipment that are impacted by sales tax abatement. It will not include any purchases, such as manufacturing equipment, where the IDA does not deliver an incentive. Soft costs (e.g., legal, consulting, financial, architectural, and engineering fees) will Approved at the December 9, 2015 PEDC Meeting be included in the amount considered as total value of expenses. In an attempt to make its incentive program cost-effective for smaller projects, the IDA will reimburse the applicant 100% of the Administrative Fee, IDA Counsel Fee, and IDA Bond Counsel Fee associated with the IDA involvement in the project, if the total project cost is less than $1 million. For a total project cost greater than $1 million, but less than $2 million, the reimbursement of fees will be reimbursed on a sliding scale that declines from 100% to 0% gradually, based on project size. There will be no reimbursement of fees for projects with costs over $2 million. The reimbursement will take the form of additional property tax abatement credited to the business in the initial years of the Payment-in-Lieu-of-Taxes (PILOT) agreement. The IDA retains the right to determine the credit the applicant will receive. For projects where there is no property tax abatement, there will not be any form of fee reimbursement. 3. IDA Counsel Fees ― The applicant is also responsible for paying the IDA for all legal costs it incurs, including IDA Counsel and Bond Counsel fees. 4. Applicant Attorney Fees ― The applicant is responsible for its own attorney fees associated with closing IDA incentives. Approved at the December 9, 2015 PEDC Meeting VIII. Tax Abatement Application CIITAP Application for Tax Abatement The City of Ithaca Community Investment Incentive Program provides incentives for investment in the City. The incentives include property tax reductions and/or abatements for a period of u p to 7 years. Applicants and projects must meet the minimum eligibility requirements (see application, Part II) in order to apply for the program. Part 1. – Applicant Information Application Date: ____/____/_____ Company/Applicant Name: ________________________________________________ Primary Contact: ________________________________________________________ Address: _________________________City:__________State:______Zip:__________ Phone: ___________________________Email:_________________________________ Applicant Attorney: ______________________________________________________ Attorney Address: _________________City:__________State:______Zip:__________ Attorney Phone: ___________________Email:_________________________________ Applicant Accountant: ____________________________________________________ Accountant Address: ________________City:__________State:_____Zip:_________ Accountant Phone: _________________Email:________________________________ Applicant Engineer/Architect: ______________________________________________ Address: _________________________City:__________State:______Zip:__________ Phone: ___________________________Email:_________________________________ Approved at the December 9, 2015 PEDC Meeting Will a separate company hold title to/own property in question that is separate from the operating company? If yes, please provide the name and contact information for that entity. Company Name: ________________________________________________ Primary Contact: ________________________________________________________ Address: _________________________City:__________State:______Zip:__________ Phone: ___________________________Email:_________________________________ Describe the terms and conditions of the lease between the applicant and the owner of the property: __________________________________________________________ ________________________________________________________________________ Part 2. – Business History Year Company was Founded: ______ Type of Ownership (e.g., corporation, LLC, sole proprietor, etc.):_______________ Product or Service: ___________________________________________________ ____________________________________________________________________ Major Customers: _____________________________________________________ _____________________________________________________________________ Major Suppliers: ______________________________________________________ _____________________________________________________________________ Major Local Competitors: _______________________________________________ ______________________________________________________________________ Approved at the December 9, 2015 PEDC Meeting Part 3. – Project Description Project Narrative: ________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Project Location: ________________________________________________________ Property Size (acres) – both existing & proposed: _____________________________ Building Size (square feet) – both existing & proposed: _________________________ Proposed Project Start & Completion Dates: _________________________________ Do you certify that this project will not result in the relocation of all or part of any business or jobs from another county within New York State to Tompkins County? ______Yes ______No List the names, nature of business of proposed tenants, and per centage of total square footage to be used for each tenant (additional sheets may be attached, if necessary):______________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ Approved at the December 9, 2015 PEDC Meeting Part 4. – Project Costs Value of Land to Be Acquired (if any):_______________________________________ Value of Buildings to Be Acquired (if any):___________________________________ Cost of New Construction: ___________________% subject to local sales tax_______ Value of Improvements: _____________________% subject to local sales tax_______ Value of Equipment to Be Acquired: __________% subject to local sales tax_______ Other: ____________________________________% subject to local sales tax_______ Total: ____________________ Part 5. – Criteria Will the proposed project result in an increase to the tax roll value of new real property by at least $500,000? ________ Does this project contain at least three occupiable stories? __________________ Proposed Height (in stories and feet):___________________ Does the project include a rehab of an existing structure? ____________ Is the project located in the City of Ithaca Density District? __________ Does the project contain the redevelopment of a Brownfield site? _________ Does the project applicant, or any of the partners owning at least 20% of the project equity, the project LLC, or the project corporation, currently own any properties located within the City of Ithaca that are delinquent on taxes, assessments, fees or penalties due to the City or that have one or more violations of local laws or regulations? ____________________________________________________________ Approved at the December 9, 2015 PEDC Meeting IX. Certification___________________________________________________ _______________________________________________________deposes that he/she is the _______________ (Name of chief executive officer of company submitting application) (Title) of ___________________, the corporation named in the attached application; that he/she has (Company name) read the foregoing application and knows the contents thereof; that the same is true to his/her knowledge. Deponent further says that the reason this verification is made by the deponent and not by ____________________________ is because the said company is a corporation. (Company name) The grounds of deponent’s belief relative to all matters in the said application, which are not stated upon his own personal knowledge, are investigations which deponent has caused to be made concerning the subject matter of this application, as well as information acquired by deponent in the course of his duties as an officer of and from the books and papers of said corporation. As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent acknowledges and agrees that applicant shall be and is responsible for all costs incurred by the non- profit Tompkins County Industrial Development Agency (hereinafter referred to as the “Agency”) acting on behalf of the attached application, whether or not the application, the project it describes, the attendant negotiations, and ultimately the necessary issue of bonds or transfer of title are ever carried to successful conclusion. If, for any reason whatsoever, the Applicant fails to conclude or consummate necessary negotiations or fails to act within a reasonable or specified period of time to take reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the application, or if the Agency or Applicant are unable to find buyers willing to purchase the total bond issue required or financing for the project, then, upon presentation of invoice, the Applicant shall pay to the Agency, its agents, or assigns all actual costs involved in conduct of the application, up to that date and time, including but not limited to fees of bond counsel for the Agency and fees of general counsel for the Agency. Upon successful conclusion and sale of the required bond issue or transfer of title, the Applicant shall pay to the Agency an administrative fee set by the Agency, not to exceed an amount equal to 1% of the total project cost. The cost incurred by the Agency and paid by the Applicant, including bond counsel, the Agency’s general counsel’s fees and the Approved at the December 9, 2015 PEDC Meeting Agency’s administrative fees, may be considered as a cost of the project and included as part of the resultant bond issue. ___________________________________________________ (Signature of chief officer of company submitting application) NOTARY Sworn to before me this _______ Day of ______________, 20______ ____________________________________ X. Completion Status (to be completed by staff) ELIGIBILITY CRITERIA: Size: ________________ Density: ________________ Location: ________________ Additional Documentation Submitted: _____________ Staff Review Date: ______________ Mayor’s Endorsement Date: _____________ Approved at the December 9, 2015 PEDC Meeting 6) Review and Approval of Minutes a) October 2015 – Minutes were not ready to be voted on at the meeting. 7) Adjournment Moved by Alderperson Kerslick; seconded by Alderperson McCollister. All agreed to adjourn at 8:40 p.m.