HomeMy WebLinkAboutMN-CC-2013-10-02COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. October 2, 2013
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith,
Kerslick, Proulx, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Lavine
City Controller – Thayer
Community Development Director – Bohn
Acting Youth Bureau Director – Vance
Director of Engineering – West
Tompkins County Department of Assessment Director - Franklin
PLEDGE OF ALLEGIANCE:
Mayor Myrick led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Special Presentations Before Council:
Alderperson Brock requested the deletion of Item 5.3, at the request of the Committee,
– Discussion – Workforce Diversity Advisory Committee.
No Council member objected.
Approval of Minutes:
Alderperson Brock requested the addition of Item 19.2 – Revision to July 31, 2013
Special Common Council minutes.
No Council member objected.
PROCLAMATIONS/AWARDS:
3.1 Cornell University “Into the Streets” – Proclamation with Update/Invitation
to Participate in Event by Representatives of Into the Streets
Mayor Myrick proclaimed October 25, 26, 2013 as “Into the Streets Days” in the City of
Ithaca. This is Cornell University’s largest public service event and the student
organizers urged Common Council members and all city departments to participate.
SPECIAL ORDER OF BUSINESS:
4.1 A Public Hearing to Consider the Adoption of an Ordinance to Increase
Income Limits for Eligibility for the Real Property Tax Exemption for Persons
Over 65.
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Dotson
RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to
Increase Income Limits for Eligibility for the Real Property Tax Exemption for Persons
Over 65 be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing to Consider the Adoption of an Ordinance to
Increase Income Limits for Eligibility for the Real Property Tax Exemption for Persons
Over 65 be declared closed.
Carried Unanimously
October 2, 2013
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4.2 A Public Hearing to Consider the Adoption of a Local Law to Increase
Income Limits for Eligibility for the Disabilities Real Property Tax Exemption
Resolution to Open Public Hearing:
By Alderperson Clairborne: Seconded by Alderperson Murtagh
RESOLVED, That the Public Hearing to Consider the Adoption of a Local Law to
Increase Income Limits for Eligibility for the Disabilities Real Property Tax Exemption be
declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson McCollister: Seconded by Alderperson Clairborne
RESOLVED, That the Public Hearing to Consider the Adoption of a Local Law to
Increase Income Limits for Eligibility for the Disabilities Real Property Tax Exemption be
declared closed.
Carried Unanimously
4.3 A Public Hearing to Consider the Adoption of a Local Law to Override the
Tax Levy Established in General Municipal Law
Resolution to Open Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Clairborne
RESOLVED, That the Public Hearing to Consider the Adoption of a Local Law to
Override the Tax Levy Established in General Municipal Law be declared open.
Carried Unanimously
No one appeared to address Common Council.
Resolution to Close Public Hearing:
By Alderperson Smith: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Public Hearing to Consider the Adoption of a Local Law to
Override the Tax Levy Established in General Municipal Law be declared closed.
Carried Unanimously
SPECIAL PRESENTATIONS BEFORE COUNCIL:
5.1 Update from City of Ithaca Youth Council
Acting Youth Bureau Director Vance and Youth Council members Gabe Shapiro and
Shahid Naeem updated Common Council on the following issues:
There is a “re-envisioning” process taking place for the Youth Council. Members
are working to identify the issues that are most important to local youth and
which ones are not being addressed. Surveys will be distributed to the students
of Ithaca High School and Lehman Alternative School.
The Youth Council participated in “Ithaca is: Community Service” day. Members
assisted with landscaping and clean-up projects. They also participated in Kick
Butts Day at GIAC.
The Youth Council did outreach at the Streets Alive! Event to educate youth on
how to get more involved in the community.
The Youth Council hosted 5 education sessions in the Youth Leadership Series.
The Youth Council participated in the Youth Power Summit which included
sessions on environmental, social, and food justice, fossil fuels, etc. They will
also be participating in the “Power Shift” event relating to hydrofracking.
The Youth Council is accepting nominations for new members.
5.2 STAR Registration Presentation by Representatives from NYS Department
of Taxation and Finance
Jeff Bartholomew, NYS Department of Taxation and Finance presented information to
Common Council about the STAR Registration process. He explained that all
homeowners are required to re-register for the Basic STAR property tax exemption by
December 31, 2013 in order to qualify for the reduction in 2014 and future years. The
Dept. of Taxation and Finance and the Tompkins County Assessment Department are
happy to assist people with the registration process if they are not able to complete the
online application on their own.
October 2, 2013
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5.3 Discussion – Workforce Diversity Advisory Committee
This item was withdrawn from the agenda.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Sarah Chalmers, Director of Civic Engagement, spoke to Common Council about the
community based plays that Civic Ensemble puts together each year on topics that are
relevant and of importance to the community. The performances are held at local
theatres and the actors are local community members. This year they would like to do a
play about community-police relations. She stated that she would love to have the
support of the Mayor, Common Council and the Ithaca Police Department on this
important initiative.
Tom Shelley, City of Ithaca, reported that he was up for nomination as the City’s
representative to the Tompkins County Conservation Advisory Council/Environmental
Management Council and he would like the Mayor’s and Common Council’s support for
the appointment.
Fay Gougakis, City of Ithaca, thanked everyone for the love & support that was
demonstrated by the letter published in a recent issue of the Ithaca Times. Several
elected officials, municipal officials and community leaders signed this letter of support
and she was deeply touched. She further addressed the need for increased
contributions to the City by Cornell University. She voiced her concern that: the quality
of life in downtown is deteriorating, texting and cell phone use while driving must be
regulated better, and there is a need for increased community collaboration.
Joel Harlan, Town of Newfield, addressed Council on the following issues: financial
contributions from Cornell University, the Community Gardens, political protests and
global war concerns.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Alderperson McCollister noted that she was disappointed by the remarks made in the
Ithaca Times about Ms. Gougakis and although she was not available to sign the letter
of support, she wholeheartedly supported it. She further remarked on the recent article
in the Cornell Daily Sun regarding Cornell University’s financial contributions and the
comment stream that was associated with it.
Alderperson Proulx stated that he was not aware of the letter of support for Ms.
Gougakis; however, he would have signed it as well.
Alderperson Kerslick voiced his disappointment at the Ithaca Times for printing the
comment about Ms. Gougakis. He further reported that Civic Ensemble made a similar
presentation to the Community Police Board and they support this initiative.
Alderperson Clairborne spoke in support of Ms. Gougakis and the Civic Ensemble
initiative. He further announced that there would be a Discussion Forum with District
Attorney Candidate Gwen Wilkinson on October 14, 2013 at the Cornell Cooperative
Extension.
Alderperson Murtagh announced that the Noise Ordinance Consultant would be in
Ithaca on October 17 & 18, 2013. An information session with the public will be part of
that visit.
Mayor Myrick announced that he and Police Chief Barber are deploying a special detail
to crack down on texting while driving. A news release about this initiative will be
distributed tomorrow.
October 2, 2013
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CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Request to Standardize Parking Garage Equipment - Resolution
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
WHEREAS, the Parking Director has requested the standardization of the
parking garage revenue system equipment utilized in the city-owned parking
garages, and
WHEREAS, two of the three City-owned parking garages are equipped with
Federal Automated Parking Division (APD) equipment, and,
WHEREAS, it is in the best interest of the City for reasons of efficiency,
compatibility and economics to standardize equipment for the parking revenue
system from a limited number of qualified dealers, and
WHEREAS, the current equipment is in good condition but requires significant
retrofit in order to maximize convenience for parking customers and revenue, and
WHEREAS, the Board of Public Works, by resolution dated September 9, 2013,
endorses the Parking Director’s request for standardization of parking revenue
equipment, now, therefore, be it
RESOLVED, That pursuant to section 103, subdivision 5-A of the General
Municipal Law of the State of New York, the Common Council authorizes, for the
purpose of retro fitting the current parking equipment, the standardization of
Federal Automated Parking Division (ADP) equipment as the brand of equipment
to be used and purchased by the City of Ithaca for revenue equipment in city-
owned parking garages.
Carried Unanimously
8.2 Resolution to Allow Chief Operator to Sign NYSEG Interconnection
Agreement for Cogeneration System
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is a jointly
owned facility by the City of Ithaca and Towns of Dryden and Ithaca, and
WHEREAS, a new biogas utilizing microturbine cogeneration system was installed as
part of the Johnson Controls Inc. Energy Performance Contract, and
WHEREAS, NYSEG supplies electricity to the IAWWTF into which the cogeneration
system is connected and
WHEREAS, NYSEG requires that any interconnection comply with “New York State
Standardized Interconnection Requirements and Application Process for New
Distributed Generators 2 MW or Less Connected in Parallel with Utility Distribution
Systems”, and
WHEREAS, the interconnection agreement contained within the requirements must be
signed; now; therefore be it
RESOLVED, That Common Council hereby authorizes the IAWWTF Chief Operator to
enter into an Interconnection Agreement on behalf of the City of Ithaca.
Carried Unanimously
8.3 Chamberlain’s Office – Request to Purchase Office Equipment - Resolution
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
WHEREAS, the City Chamberlain’s Office uses various office equipment to perform its
functions, and
WHEREAS, the Chamberlain’s Office printing equipment has exceeded the useful life of
the current equipment by over five years, and
October 2, 2013
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WHEREAS, it was anticipated that the office printer equipment was going to be
replaced in 2014, but the equipment is failing prior to the 2014 budget cycle, and
WHEREAS, that office equipment needs to be replaced, either with new equipment or
with a service provider, prior to the 2014 tax billing process, and
WHEREAS, the funds needed for said printer purchase can be transferred from
unrestricted contingency, which currently has a balance of $105,000; now, therefore, be
it
RESOLVED, That Common Council amends the City Chamberlain’s budget as follows:
Increase A1317-5210 $5,062 (purchase of a new printer and signature key)
A1317-5435 $810 (contract to provide service)
A1317-5476 $300 (maintenance contract for two printers)
$6,172
and, be it further
RESOLVED, That Common Council hereby authorizes the City Controller to transfer an
amount not to exceed $6,172 from Account A1990 Unrestricted Contingency to the
above stated accounts.
Carried Unanimously
8.4 2013-2014 Civil Service Agreement with the Ithaca City School District -
Resolution
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
RESOLVED, That the Mayor and City Controller be authorized and directed to execute
an agreement between the City of Ithaca and the Ithaca City School District for
performance by the City for services in connection with Civil Service matters, for the
period July 1, 2013, to June 30, 2014, in an amount of $63,637, payable to the City of
Ithaca on or before November 1, 2013.
Carried Unanimously
8.5 Controller’s Office – Amendment to Budget for 2013 Living Wage
Adjustments - Resolution
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
WHEREAS, the 2013 Budget included $44,000 in Restricted Contingency to fund the
necessary wage increases for Living Wage Certification effective July 1, 2013 as
determined by the Tompkins County Workers Center, and
WHEREAS, the City has started making the necessary wage adjustments to various
City Departments including the Ithaca Youth Bureau, Greater Ithaca Activities Center
(GIAC) and the Department of Public Works (DPW), and
WHEREAS, the necessary living wage adjustments will be included in the 2014 budget
and future budgets as necessary, and
WHEREAS, the wage adjustments need to be accounted for in the 2013 budget with
transfers from the Restricted Contingency Account; now therefore be it
RESOLVED, That Common Council hereby transfers an amount not to exceed $44,000
from Account A1990 Restricted Contingency to the following accounts to fund the
necessary wage adjustments for the Living Wage Certification:
Increase Appropriation Accounts:
A7310-5120 Youth Bureau Hourly P/T Various Programs$18,500
A7311-5120 GIAC Hourly P/T Various Programs $17,000
A7111-5120 DPW Parks & Forestry $6,500
A5010-5120 DPW Streets Administration $2,000
$44,000
Carried Unanimously
October 2, 2013
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PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Endorsement of Ithaca Urban Renewal Agency (IURA) - Proposed
Disposition of parcel ‘D’ of the Cayuga Green Project to Cayuga Green II LLC –
Resolution
By Alderperson Murtagh: Seconded by Alderperson McCollister
WHEREAS, Cayuga Green II, LLC requests to re-establish a purchase and sale
contract (Contract) for the purchase of parcel ‘D’ (tax map parcel #81.-2-4), located at
217 S. Cayuga Street, for the purpose of constructing a 49,000 square foot, seven-story
housing project containing 45 housing units to be known as Cayuga Place Two, and
WHEREAS, Parcel ‘D’ is an approximately ½-acre, triangular-shaped parcel owned by
the IURA located between the Cayuga Garage and the Six Mile Creek Walk, and
WHEREAS, Cayuga Green II, LLC is controlled by Bloomfield/Schon + Partners, LLC
who is designated by the Ithaca Urban Renewal Agency (IURA) as a qualified and
eligible sponsor pursuant to §507 of General Municipal Law to acquire property to
undertake the Cayuga Green project, and
WHEREAS, Cayuga Green II, LLC has successfully completed earlier phases of the
public-private Cayuga Green project, including construction of the 93,000 square foot
mixed-use Cayuga Place project at 131 E. Green Street and a 5-screen movie theater
at 120 E. Green Street, and
WHEREAS, the final phase of the public-private Cayuga Green project is construction of
a building containing at least 30 housing units adjacent to the Cayuga Garage, and
WHEREAS, prior purchase and sale contracts between the IURA and Cayuga Green II,
LLC have expired due to the buyer’s inability to satisfy seller contingencies designed to
ensure the project is ready to commence construction prior to conveyance of the
property, and
WHEREAS, Cayuga Green II, LLC indicates that they have now achieved financial
feasibility for the project, secured a commitment of lender financing and received
modified site plan approval for the project by the Planning and Development Board on
August 27, 2013, and
WHEREAS, utilization of an auger-grouted steel core displacement pile foundation
system in lieu of a spread-footing foundation allows the project to shrink the building
footprint and increase building height, thereby enhancing financial feasibility, and
WHEREAS, the proposed Contract agrees to a sales price of $270,000 and obligates
the purchaser to undertake a project “anticipated to consist of construction of no fewer
than 30 rental and/or for-sale housing units located adjacent to the Cayuga Garage or
such other uses approved by Seller and the Common Council of the City of Ithaca,” and
WHEREAS, to enforce the future land use obligation, the proposed Contract requires
the purchaser to satisfy the following seller contingencies prior to December 31, 2013
as a condition of conveyance of the property:
1. Submit proof of final site development plan approval for a project containing at
least 30 housing units;
2. Submit proof of issuance of a building permit for the project;
3. Submit proof that all project financing has been secured to complete the project,
and
October 2, 2013
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WHEREAS, in recognition that project delay imposes an opportunity cost on the IURA
and City of Ithaca in terms of forgone property taxes, parking revenues and resident
spending downtown, therefore the proposed Contract includes a provision requiring
payment of a $20,000 non-refundable deposit toward the purchase price upon signing
the Contract, which shall be retained by the seller in the event seller contingencies are
not satisfied by December 31, 2013, and
WHEREAS, the purchaser seeks no property tax abatements for this market-rate
project and the proposed Contract effectively prohibits any tax abatements on the
project, and
WHEREAS, the primary objective of the Ithaca Urban Renewal Plan for this urban
project is to improve the social, physical, and economic characteristics of the project
neighborhood; and
WHEREAS, the IURA wishes to facilitate the construction of additional housing units in
downtown Ithaca that will expand the range of housing opportunities, increase the
property tax base, and visually conceal the concrete block wall portions of the east wall
of the adjacent Cayuga garage, and
WHEREAS, under §507 of Article 15 of General Municipal Law, the IURA is authorized
to sell real property to a qualified and eligible sponsor subject to Common Council
approval following a public hearing, and
WHEREAS, the prior purchase and sale contract for parcel ‘D’ and site plan review for a
proposed 7-story housing project at parcel ‘D’ were the subject of environmental
reviews under the City Environmental Quality Review Ordinance (CEQRO) pursuant to
which the lead agency issued a negative declaration that the implementation of the
action as proposed will not result in any significant adverse environmental impacts, and
WHEREAS, the revised project and the action of approving the proposed 2013
purchase and sale contract for parcel ‘D’ are no less protective of the environment than
the previously-approved Contract and site plan, therefore requiring no additional
environmental review, and
WHEREAS, on September 5, 2013 the IURA approved disposition of parcel ‘D’ to
Cayuga Green II, LLC; and
WHEREAS, the IURA further directed staff to market the property to other developers
should seller contingencies not be timely satisfied; now, therefore be it
RESOLVED, That the Common Council for the City of Ithaca hereby approves the
Ithaca Urban Renewal Agency proposed 2013 Purchase and Sale Contract with
Cayuga Green II, LLC for Parcel ‘D’ (tax map parcel #81.-2-4), dated August 27, 2013.
Discussion followed on the floor with Community Development Director Bohn explaining
that this is the 5th and final version of the purchase agreement for this project.
Agreement extensions have been issued since 2008.
Alderperson Clairborne questioned whether this iteration of the project included any
affordable housing units. He noted that he has been advocating for mixed income
housing units as part of this project for years. Community Development Director Bohn
responded that all of the units are market rate housing and that no tax abatements are
being requested.
A vote on the Resolution resulted as follows:
Carried Unanimously
October 2, 2013
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9.2 Resolution to Select Artwork for a Mural Installation on the North Wall of
the Seneca Street Parking Garage
By Alderperson Murtagh: Seconded by Alderperson Kerslick
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 for future murals and
street art, including walls in the City garages on Green Street and Seneca Street, by
resolution on May 19, 2010, and
WHEREAS, local artist Kellie Cox-Brady submitted her proposal for a mural titled
“Bloodroot (Sanguinaria Canadensis)” as part of the PAC’s Mural and Street Art
Program, and
WHEREAS, the PAC discussed Ms. Cox-Brady’s mural proposal at its meeting on
August 28, 2013 and, upon review of the potential mural sites pre-approved by the
Board of Public Works, agreed that the north wall of the Seneca Street Parking Garage
would be an appropriate location for the proposed mural, and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its meeting on September 4, 2013 to gather input on the
proposed installation, and
WHEREAS, PAC members have also sought input from adjacent property owners and
City staff, and the responses to the mural proposal have been mostly positive, and
WHEREAS, the artist will raise private funding to finance the mural, and the proposed
installation would be budget-neutral to the City, and
WHEREAS, at its meeting on September 4, 2013, the Public Art Commission
unanimously voted to recommend that the Common Council select the “Bloodroot
(Sanguinaria Canadensis)” mural proposal submitted by Kellie Cox-Brady to be installed
on the north wall of the Seneca Street Parking Garage; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council selects the mural “Bloodroot
(Sanguinaria Canadensis)” by Kellie Cox-Brady to be installed on the north wall of the
Seneca Street Parking Garage and to be added to the City of Ithaca’s public art
collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of her mural
upon the execution of an agreement with the City (as reviewed by the City Attorney).
Amending Resolution
By Alderperson Dotson: Seconded by Alderperson Kerslick
RESOLVED, That the first Resolved clause be amended to read as follows:
“RESOLVED, That the City of Ithaca Common Council following the recommendation of
the Public Art Commission selects the mural “Bloodroot (Sanguinaria Canadensis)” by
Kellie Cox-Brady to be installed on the north wall of the Seneca Street Parking Garage
and to be added to the City of Ithaca’s public art collection; and be it further
Carried Unanimously
Main Motion As Amended:
A Vote on the Main Motion as Amended Resulted as Follows:
Carried Unanimously
October 2, 2013
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9.3 Resolution to Select Artwork for a Mural Installation on the South Albany
Street Bridge
By Alderperson Murtagh: Seconded by Alderperson Dotson
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, local artist Kellie Cox-Brady submitted her proposal for a mural titled
“Asparagus” as part of the PAC’s Mural and Street Art Program, and
WHEREAS, the PAC discussed Ms. Cox-Brady’s mural proposal at its meeting on
August 28, 2013, and agreed that the South Albany Street Bridge would be an
appropriate location for the proposed mural, pending approval of the location by the
Board of Public Works, and
WHEREAS, the South Albany Street Bridge was not included among the sites pre-
approved for future murals by the Board of Public Works in 2010, but the Board
approved the bridge as the location for this mural by resolution on September 9, 2013,
and
WHEREAS, the PAC held a public comment period on the proposed mural design and
recommended location at its meeting on September 4, 2013 to gather input on the
proposed installation, and
WHEREAS, PAC members have also sought input from adjacent property owners as
well as City staff, and the responses to the mural proposal were mixed, and
WHEREAS, the artist has raised private funding to finance the mural, and the proposed
installation would be budget-neutral to the City, and
WHEREAS, at its meeting on September 4, 2013, the Public Art Commission
unanimously voted to recommend that the Common Council select the “Asparagus”
mural proposal submitted by Kellie Cox-Brady to be installed on the South Albany Street
bridge; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council following the recommendation of
the Public Art Commission selects the mural “Asparagus” by Kellie Cox-Brady to be
installed on the South Albany Street Bridge and to be added to the City of Ithaca’s
public art collection; and be it further
RESOLVED, That the selected artist may proceed with the installation of her mural
upon the execution of an agreement with the City (as reviewed by the City Attorney).
Carried Unanimously
Government Performance and Accountability Committee:
10.1 Update from Last Meeting
Alderperson Mohlenhoff reported that a good discussion was held at the September
GPA Committee meeting regarding a new Board/Committee structure. The October 16,
2013 meeting has been canceled but work will continue throughout October to prepare
a facilitated discussion about the City’s strategic themes and proposed committee
structure at the November 20, 2013 meeting. An invitation to participate in this meeting
will be extended to the Chair and 1 additional member of each board or committee. All
Council members are welcome to participate.
October 2, 2013
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CITY ADMINISTRATION COMMITTEE:
11.1 A Local Law to Increase Income Limits for Eligibility for the Disability Real
Property Tax Exemption
By Alderperson Proulx: Seconded by Alderperson Clairborne
Local Law No. 2013-
Pursuant to an increase in the income ceilings at the State level for disability tax
exemptions, section 300-26(B)(1) of Article V entitled “Disability Exemption” of the City
of Ithaca Municipal Code shall be amended to increase the amount of the partial real
property tax exemption for certain disabled persons.
Section 1:
Section 300-26B (1) of the City of Ithaca Municipal Code is hereby amended to read as
follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the State of
New York, real property located in the City of Ithaca owned by one or more persons,
each of whom is disabled and whose income is limited by reason of such disability, or
real property owned by a married couple, or siblings, one of whom is disabled and
whose income is limited by reason of such disability, shall be partially exempt from
taxation by said city for the applicable taxes specified in § 459-c based upon the income
of the owner or combined income of the owners. Such partial exemption shall be to the
extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $29,000 [$28,000] 50%
Up to but less than $30,000 [$29,000] 45%
Up to but less than $31,000 [$30,000] 40%
Up to but less than $32,000 [$31,000] 35%
Up to but less than $32,900 [$31,900] 30%
Up to but less than $33,800 [$32,800] 25%
Up to but less than $34,700 [$33,700] 20%
Up to but less than $35,600 [$34,600] 15%
Up to but less than $36,500 [$35,500] 10%
Up to but less than $37,400 [$36,400] 5%
Section 2. Severability Clause.
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 Local Law shall take effect immediately in accordance with law upon filing with the
Secretary of State.
Carried Unanimously
11.2 An Ordinance to Increase Income Limits for Eligibility for the Real Property
Tax Exemption for Persons over 65
By Alderperson Proulx : Seconded by Alderperson Clairborne
Ordinance 2013-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1.
Pursuant to an increase in the income ceilings at the State level for tax exemptions for
senior citizens, sections 300-1(A)(1) and 300-2(A) of Article I entitled “Senior Citizens
October 2, 2013
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Exemption” of the City of Ithaca Municipal Code shall be amended to increase the
amount of the partial real property tax exemption for certain senior citizens, as follows:
§ 300-1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New
York, real property in the City of Ithaca owned by one or more persons, each of whom is
65 years of age or over, or real property owned by a married couple or by siblings, one
of whom is sixty-five years of age or over, shall be partially exempt from taxation by the
city based upon the income of the owner or the combined incomes of the owners.
(1) Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Assessed Valuation
or Combined Annual Income of Owners Exempt From Taxation
Up to but less than $29,000 [$28,000] 50%
Up to but less than $30,000 [$29,000] 45%
Up to but less than $31,000 [$30,000] 40%
Up to but less than $32,000 [$31,000] 35%
Up to but less than $32,900 [$31,900] 30%
Up to but less than $33,800 [$32,800] 25%
Up to but less than $34,700 [$33,700] 20%
Up to but less than $35,600 [$34,600] 15%
Up to but less than $36,500 [$35,500] 10%
Up to but less than $37,400 [$36,400] 5%
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in
§467 of the Real Property Tax Law of the State of New York.
§ 300-2. Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the property
exceeds the sum of $37,400 [$36,400] for the income tax year immediately preceding
the date of making application for exemption as consistent with the schedule provided in
§ 300-1A. "Income tax year" shall mean a twelve-month period for which the owner or
owners filed a federal personal income tax return or, if no such return is filed, the
calendar year. Where title is vested in either spouse, their combined income may not
exceed such sum. Such income shall include social security and retirement benefits,
interest, dividends, total gain from the sale or exchange of a capital asset in the same
income tax year, net rental income, salary or earnings and net income from self-
employment but shall not include a return of capital, gifts or inheritances. In computing
net rental income and net income from self-employment, no depreciation deduction
shall be allowed for the exhaustion, wear and tear of real or personal property held for
the production of income.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or unconstitutional
by any court of competent jurisdiction, it shall in no way affect the validity of any
remaining portions of this law.
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.
Carried Unanimously
11.3 DPW - Authorization for Budget Allocation for Green Street Garage
Structural Repairs - Resolution
By Alderperson Proulx: Seconded by Alderperson Mohlenhoff
WHEREAS, the structural elements of the Green Street Garage have been structurally
compromised due to automobile crashes and
October 2, 2013
12
WHEREAS, a portion of the Green Garage has been unavailable for parking due to the
structural damage, and
WHEREAS, Stantec Consulting Services, Inc. has developed design details and
specifications for repair of the damaged structural elements, and
WHEREAS, Public Works staff has requested and received proposals for undertaking
repairs to the structural elements of the Green Street Garage, and
WHEREAS, engineering staff estimates that the cost of such design and repairs will not
exceed $70,000; now therefore, be it
RESOLVED, That Common Council hereby amends Capital Project #469 Green Street
Garage Improvements by an amount not to exceed $70,000 for design and construction
services necessary for the repair of the damaged structural elements of the Green
Street Garage, and be it further
RESOLVED, That funds necessary for said $70,000 amendment shall be derived from
a combination of funds from Capital Reserve #14 Parking Areas, insurance recoveries
and the issuance of Serial Bonds.
11.4 Common Council - A Local Law to Override the Tax Levy Limit Established
in General Municipal Law
By Alderperson Proulx: Seconded by Alderperson Brock
Local Law 2013 -
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal
year commencing January 1, 2014, that requires a real property tax levy in excess of
the “tax levy limit” as defined by General Municipal Law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c,
which expressly authorizes a local government’s governing body to override the
property tax cap for the coming fiscal year by the adoption of a local law approved by a
vote of sixty percent (60%) of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2014, that
requires a real property tax levy in excess of the amount otherwise prescribed in
General Municipal Law §3-c.
Section 4. Severability
If a court determines that any clause, sentence, paragraph, subdivision, or part of this
local law or the application thereof to any person, firm or corporation, or circumstance is
invalid or unconstitutional, the court’s order or judgment shall not affect, impair, or
invalidate the remainder of this local law, but shall be confined in its operation to the
clause, sentence, paragraph, subdivision, or part of this local law or in its application to
the person, individual, firm or corporation or circumstance, directly involved in the
controversy in which such judgment or order shall be rendered.
Section 5. Effective date
This local law shall take effect immediately upon filing with the Secretary of State.
Discussion followed on the floor with explanations of the legislation and the potential
need to use it from City Controller Thayer and Alderperson Proulx. A roll-call vote
resulted as follows:
October 2, 2013
13
Alderperson Dotson – Aye Alderperson Brock – Aye
Alderperson Clairborne – Aye Alderperson Murtagh – Aye
Alderperson McCollister – Aye Alderperson Fleming – Aye
Alderperson Kerslick – Aye Alderperson Smith – Aye
Alderperson Mohlenhoff – Aye Alderperson Proulx – Aye
Carried Unanimously
11.5 City Controller’s Report
City Controller deferred his report in light of the upcoming budget sessions.
REPORT OF SPECIAL COMMITTEES:
Ithaca Landmarks Preservation Commission / Planning Committee
Alderperson McCollister reported that there is a new development (large housing
project) being proposed in the Cornell Heights Historic District that has prompted a
conversation about changing parts of the the U zoning designation to R3aa.
Further discussion followed on the floor regarding window replacements in historic
districts and the improvements made to the quality of new windows that have a historic
look. The Ithaca Landmarks Preservation Commission has review authority over
window aesthetics for historic appropriateness and will be discussing the ability to offer
increased flexibility as a result of these improvements; however, the New York State
standards prevail.
Tompkins County Council of Governments
Alderperson Clairborne reported that TCAD recently made a presentation to TCCOG
and illustrated that Tompkins County has had slow but steady economic growth since
2010. He asked whether Common Council would like to have a similar presentation,
tailored to the City in advance of the budget meetings. Mayor Myrick and members of
Council indicated that they thought it would be very helpful, especially if materials could
be submitted in advance so that questions could be focused appropriately.
MAYOR’S APPOINTMENTS:
15.1 Reappointment to Board of Public Works – Resolution
By Alderperson Smith: Seconded by Alderperson Murtagh
RESOLVED, That Govind Acharya be reappointed to the Board of Public Works with a
term to expire December 31, 2016, and be it further
RESOLVED, That Mark Darling be reappointed to the Board of Public Works with a
term to expire December 31, 2016, and be it further
15.2 Examining Board of Electricians – Resolution
RESOLVED, That Robert Sparks be reappointed to the Examining Board of Electricians
with a term to expire December 31, 2016, and be it further
15.3 Reappointment to Housing Board of Review – Resolution
RESOLVED, That Joseph Steuer be reappointed to the Housing Board of Review with a
term to expire December 31, 2016, and be it further
RESOLVED, That John Barradas be reappointed to the Housing Board of Review with
a term to expire December 31, 2016, and be it further
15.4 Reappointment to Public Art Commission – Resolution
RESOLVED, That Grace Ritter be reappointed to the Public Art Commission with a term
to expire June 30, 2016, and be it further
15.5 Reappointment to Workforce Diversity Advisory Committee – Resolution
RESOLVED, That Audrey Cooper be reappointed to the Workforce Diversity Advisory
Committee with a term to expire December 31, 2016, and be it further
RESOLVED, That Lynette Chappell-Williams be reappointed to the Workforce Diversity
Advisory Committee with a term to expire December 31, 2016.
October 2, 2013
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15.6 Appointment of City Representative to the Tompkins County Environmental
Management Council - Resolution
RESOLVED, That Thomas Shelley be appointed to the Tompkins County
Environmental Management Council, as the City of Ithaca representative from the
Conservation Advisory Council, for a two-year term to expire December 31, 2015.
Carried Unanimously
REPORT OF CITY ATTORNEY:
City Attorney Lavine requested an Executive Session to discuss threatened litigation.
Motion to Enter into Executive Session
By Alderperson Dotson: Seconded by Alderperson Murtagh
RESOLVED, That Common Council enter into Executive Session to discuss threatened
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into regular session with no formal action taken.
MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the September 4, 2013 Common Council Meeting Minutes –
Resolution
By Alderperson McCollister: Seconded by Alderperson Smith
RESOLVED, That the minutes of the September 4, 2013 Common Council Meeting be
approved as published.
Carried Unanimously
19.2 Request to Revise the July 31, 2013 Special Common Council Meeting
Minutes – Resolution
By Alderperson Brock: Seconded by Alderperson Kerslick
RESOLVED, That the minutes of the July 31, 2013 Special Common Council Meeting
be approved with the following revisions:
List:
Leslyn McBean-Clairborne as a Tompkins County Legislator (not as GIAC
Deputy Director)
Joe Mareane as the Tompkins County Administrator
Liz Vance, Acting Youth Bureau Director, as Excused
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 8:00 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor