HomeMy WebLinkAboutMN-CC-1997-10-08 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. October 8, 1997
PRESENT:
Mayor Cohen
Alderpersons (9) Shenk, Mackesey, Sams, Efroymson, Vaughan,
Blumenthal, Marcham, Gray, Thorpe
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Deputy City Controller - Thayer
Planning and Development Director - Van Cort
Police Chief - Basile
Fire Chief – Wilbur
Assistant Superintendent of Water & Sewer - Fabbroni
Assistant Superintendent of Public Works - Ferrel
Environmental & Landscape Planner - Cornish
Community Development Administrator - Klute
Community Development Planner - Bohn
EXCUSED:
Alderperson Hanna
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to
the American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Planning and Economic Development Committee
Alderperson Blumenthal requested the addition of Item 18.1C
Site Development Plan Review for the Community Boat House -
Resolution and Item 18.7 – Brownfields Grant Application –
Resolution.
No Council member objected.
Executive Session
Alderperson Shenk requested the addition of an Executive
Session to discuss property acquisition.
No Council member objected.
Public Hearing
Mayor Cohen requested the addition of a Public Hearing
regarding Historic District Tax Exemption. He further noted
that this Public Hearing has been advertised in the Ithaca
Journal.
No Council member objected.
Consent Agenda
Alderperson Marcham requested the deletion of Item 16.4 -
Local Law on an Installment Program for Delinquent Taxes.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to consider an Ordinance Amending Chapter 300
Entitled “Taxation” of the City of Ithaca Municipal Code
Resolution to open Public Hearing
By Alderperson Marcham : Seconded by Alderperson Shenk
October 8, 1997
2
RESOLVED, That the Public Hearing to consider an Ordinance
adopting Section 300-20 Entitled “Real Property Tax
Exemptions for Historic Properties” of Chapter 300 Entitled
“Taxation” of the City of Ithaca Municipal Code be declared
open.
Carried Unanimously
No one appeared to address Council on this issue.
Resolution to Close Public Hearing
By Alderperson Thorpe : Seconded by Alderperson Efroymson
RESOLVED, That the Public Hearing to consider an Ordinance
adopting Section 300-20 Entitled “Real Property Tax
Exemptions for Historic Properties” of Chapter 300 Entitled
“Taxation” of the City of Ithaca Municipal Code be declared
closed.
Carried Unanimously
YOUTH AWARD:
Alderpersons Sams and Efroymson presented the October 1997
Distinguished Youth Award to “Food From The Hood East”, an
organization that was created under the supervision of
Cassandra Nelson and Jeff Furman and is operated by
teenagers. Food From The Hood East has recently tested,
jarred and manufactured an applesauce product line which is
being sold at Wegmans, Greenstar, Shortstop, and other local
stores.
The members of Food From The Hood East include:
Shennell Ellison, Deborah Duncan, Nidia Blass, Amber Boyd,
Kanitra McRae, Monique Flynn, Nicole Wilkins, Micah Wilkins,
Christopher Nelson, Chavon Fort, Sakai Lee.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Doug Reid, Village of Cayuga Heights, addressed Council in
opposition to the proposed Residential Parking Permit
System.
Connie Elson, City of Ithaca, submitted several trash
proposals to Council including: Spring Clean-Up day and
neighborhoods would receive a dumpster for the day, an
“adopt a block” plan, and soliciting assistance from
Neighborhood Associations for the organization of these
projects.
Herb Godfried, Emily Bennett, Linda Buttell, Elizabeth Kim,
and Maya Gasuk spoke in support of the Cascadilla Boathouse
Grant Application.
Dennis Mastro, NYSEG, addressed Council regarding a
Community Watch Program which is being implemented by NYSEG.
Fay Goughakis, City of Ithaca, spoke about Community Police
Board procedures.
Ed Franquemont, City of Ithaca, addressed Council regarding
Tax Exemption for Historic Districts.
RESPONSE TO THE PUBLIC:
Alderperson Thorpe asked Mr. Mastro of NYSEG about street
light repairs.
October 8, 1997
3
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Mackesey reported that there will be a meeting
of the South Hill Civic Association on October 21, 1997 at
South Hill School at 7:00 P.M.
Alderperson Marcham thanked the Business Improvement
District for a successful Apple Harvest Festival.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen announced that there is a dedication on October
11, 1997 in the City Cemetery for the Volunteer Fire
Fighters Monument, and a dinner on October 23, 1997 honoring
community volunteers.
Mayor Cohen announced that October is Fire Prevention Month,
and presented Fire Chief Wilbur with a Proclamation for Fire
Prevention Week.
Fire Chief Wilbur encouraged everyone to check their smoke
detectors and heating systems in recognition of Fire
Prevention month.
1998 Budget Message
Mayor Cohen placed the 1998 Budget Message dated October 1,
1997 into the record as follows:
“Last year’s budget season was marred by controversy and
antagonism. As difficult as it was, I looked ahead to this
year’s debate, and knew that it could be much worse. While
the city is financially sound, it is operating at its fiscal
limits. The controller has done an admirable job in making
sound investments and in finding numerous ways for us to
save money. Notwithstanding his efforts, our revenues have
not been keeping pace with our expenses. Our sales tax
revenues are flat, and our property tax revenues are
declining. We are in a position where we have to make cuts.
Last year we made some significant cuts, many of which were
somewhat painless. Eliminating a vacant funded position
from the roster is much easier than laying off an employee.
We are running out of options, and are now faced with the
inevitable and unenviable position of looking at programs
and the people that provide them. This is not an exercise
in decision-making and prioritization that is to be taken
lightly. It requires the time and intelligent discussion
necessary to make the best-informed decision possible. I
cannot see that discussion occurring during a five-week
timeframe.
I am submitting a budget this year that buys us the time
necessary to engage in these discussions. I will be
appointing a special committee of Common Council in January
to conduct a comprehensive analysis of each program that
constitutes the general fund budget. This committee will
educate itself on the details of each program and the
service it provides, the cost structure of the program and
any revenues generated by the program. The committee’s
mission will be to conduct this analysis and then provide
the Mayor and Common Council with prioritization
recommendations for the 1999 budget.
In addition, the situation we are in underscores the
critical need for us to find ways to expand our tax base.
This not only means increasing our efforts to expand
existing businesses and attract new ones; it also means
changing the way we do business when we are dealing with
October 8, 1997
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development initiatives in our community. Balanced
development is important, and we must retain some control
over any businesses’ impact on neighborhood integrity and
environmental protection. On the other hand, we must put an
end to the arbitrary and capricious regulatory environment
that has earned Ithaca its reputation as an anti-business
environment. We are making some progress in improving this
situation, but there is still much work to be done. The
client committee for the city’s economic development plan
will start meeting this month, and it is my hope that the
economic development plan will yield tangible and
substantive recommendations for change. I look forward to
working with Common Council to implement these changes.
As for the 1998 budget, I am submitting for Common Council’s
approval a $36 million spending plan. Its main components
include a 2% property tax increase, an 8% water rate
increase, and an appropriation of surplus fund balance of
approximately $600,000. Sewer rates and trash tag fees will
remain unchanged.
The 2% property tax increase actually falls just short of
covering the loss in revenue we will experience due to
property assessment devaluation from this year alone. I
reluctantly include this tax increase, mindful of the fact
that there are many in our community who either live on
fixed incomes or have not received a pay increase in the
past few years. I urge the Common Council to also be
mindful of this fact during its deliberations.
The increase in water rates continues a trend of increases
that were imposed in anticipation of the construction of a
new water treatment plant. They will still not be enough to
offset the cost of construction, and we anticipate a
significant increase in water rates when the plant is built.
The large appropriation of surplus fund balance was needed
to balance the budget. This was done after most city
departments absorbed their 1998 wage increases and submitted
1998 budgets that were at the same funding level as their
current 1997 budget. This means that department heads had
to find savings within their own budgets to cover the
increase labor costs associated with their department. In
come cases, departmental budgets were decreased more than
their current 1997 funding levels. There were some other
cost increases in the budget, notably in debt payments and
in health costs.
The fund balance appropriation still leaves a fund balance
level that is comfortably within the 7% of general fund
expenses that we maintain in order to protect our current
bond rating. Our bond rating is directly related to the
interest rate we pay on debt, and a negative change in
rating would have a significant impact on our debt costs.
The fund balance appropriation also puts us in a more
realistic bargaining position with our labor unions. The
excess fund balance is often pointed to as an example of
monies the city could use to fund pay rate increases. While
this argument is true in the short term, it ignores the
long-term impact of unreasonable increases, and the pressure
that they put on the rest of the budget. This is important
in light of the fact that two of our contracts, police and
fire, are subject to binding arbitration, and the
arbitrators typically only look at the municipality’s
ability to pay for one year only. This is also important
October 8, 1997
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because the city is currently negotiating new contracts with
5 of its 6 bargaining units.
This year’s budget also includes $2.4 million of new capital
projects. The city is currently paying down approximately
$2.5 million of debt principle a year. This year’s capital
project list allows us to move forward on some important
projects, without increasing the city’s total debt load.
Larger ticket items include $600,000 for two fire department
engine/pumpers, $300,000 for road improvements,
approximately $300,000 for public works equipment
replacements and $415,000 for land acquisition to expand the
Cherry Street Industrial Park.
Overall, this is a lean budget that gets us by and maintains
the status quo. It buys us the time that we need to take a
hard look at our situation and conduct the thoughtful
discussions necessary to make the best decisions for our
community.”
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Commissioner Ehrhardt reported on the following:
Request for lots in the City cemetery
Sale of land to Lansing Instruments
Street light improvements in Southside area
Request from Giovanni’s Restaurant to paint the sidewalk on
the corner of Seneca and Aurora (this request was referred
to the Art and Design Committee)
A homeowner on Seneca Street replaced his sidewalk without a
permit, and the sidewalk does not meet City specifications.
This matter will be referred to the City Attorney.
The Board awarded a bid for Stewart Avenue Bridge Repair in
the amount of $67,000.
The Board endorsed the proposal for the Cascadilla Boat Club
to build a facility in Cass Park.
The Board did not act on the implementation of the Natural
Areas Commission.
The Board discussed neighborhood requests for stop
signs/unwarranted signs. This will be referred to the City
Attorney’s Office for review of liability issues.
REPORT OF CITY CONTROLLER
Controller Cafferillo briefed Council on the Retirement
Incentive Program.
City Attorney
City Attorney Geldenhuys reported that the closing on the
second property in the Six Mile Creek area has been
completed.
City Attorney Geldenhuys reported that the Storrs appeal is
scheduled for November 5, 1997.
CONSENT AGENDA ITEMS:
16.1 DPW - Request Approval of 1996 Clean Water/Clean Air
Bond Act Application for Wastewater Projects
October 8, 1997
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By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, the City of Ithaca herein called the "Municipality",
after thorough consideration of the various aspects of the
problem and study of available data, has hereby determined
that certain work, as described in its application and
attachments, herein call the "Project", is desirable, is in
the public interest, and is required in order to implement
the Project, and
WHEREAS, Article 56 of the Environmental Conservation Law
authorizes State assistance to municipalities for
environmental restoration projects by means of a contract and
the Municipality deems it to be in the public interest and
benefit under this law to enter into a contract therewith;
now, therefore, be it
RESOLVED,
1. That the Superintendent of Public Works is the
representative authorized to act in behalf of the
Municipality's governing body in all matters related to
State assistance under ECL Article 56, Title 3. The
representative is also authorized to make application,
execute the State Assistance Contract, submit Project
documentation, and otherwise act for the Municipality's
governing body in all matters related to the Project and
to State assistance;
2. That the Municipality agrees that it will fund its
portion of the cost of the Project and that funds will
be available to initiate the Project's field work within
twelve (12) months of written approval of its
application by the Department of Environmental
Conservation;
3. That one (1) certified copy of this Resolution be
prepared and sent to the Albany office of the New York
State Department of Environmental Conservation together
with the Application for State Assistance Payments;
4. That this Resolution take effect immediately.
Carried Unanimously
16.2 An Ordinance Repealing Section 232-80 of the City of
Ithaca Municipal Code, Regarding Tax Imposed on Transient
Retail Businesses
By Alderperson Blumenthal : Seconded by Alderperson Gray
ORDINANCE 97 -
BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code section 232-80,
entitled "Tax Imposed", is hereby repealed.
Section 2. Effective date.
This ordinance shall take effect immediately in accordance
with law upon publication of a notice as provided in the
Ithaca City Charter.
Carried Unanimously
16.3 Finance/Chamberlain - Request Approval to Deny Waiver of
Tax Penalty
By Alderperson Blumenthal : Seconded by Alderperson Gray
October 8, 1997
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WHEREAS, the property owner at 150 Highland Avenue has
requested a waiver of tax penalty for 1997 City Second
Installment tax bills, and
WHEREAS, the City Chamberlain and Budget and Administration
Committee have reviewed the supporting documentation for the
taxpayer's request and are recommending to deny the waiver of
tax penalty; now, therefore, be it
RESOLVED, That Common Council hereby denies the request for
waiver of tax penalty, based upon New York State Real
Property Tax Law, for the property owner at 150 Highland
Avenue.
Carried Unanimously
16.5 Common Council - Recommendation to Mayor on City/Rotary
Community Beautification Awards
By Alderperson Blumenthal : Seconded by Alderperson Gray
WHEREAS, a shared award program between the City of Ithaca
and the Ithaca Rotary Club has been developed, and
WHEREAS, the Community Beautification award program will
recognize property owners who develop projects or take care
of their properties in ways that enhance the physical
appearance and quality of life in city neighborhoods and
commercial areas, and
WHEREAS, the annual award program is being recommended for
funding at $600, with $300 from the City and $300 from the
Ithaca Rotary Club; now, therefore, be it
RESOLVED, That Common Council hereby recommends to the Mayor
that $300 be placed in the Restricted Contingency Account in
the 1998 Budget.
Carried Unanimously
REGULAR AGENDA ITEMS:
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
18.1A Determination of No Significant Environmental Impact
By Alderperson Blumenthal: Seconded by Alderperson Gray
WHEREAS, a site development plan for the proposed Community
Boathouse has been submitted for review and approval by this
Council, and
WHEREAS, the proposed development is an Unlisted Action
according to both the City Environmental Quality Review
Ordinance and the State Environmental Quality Review Act,
and the full EAF parts 1, 2, and 3 were completed, and
WHEREAS, this Board, the Lead Agency in this environmental
review, has reviewed the application materials and
supporting documents, including comments from the
Conservation Advisory Council, and
WHEREAS, the review process has identified, as noted in the
EAF parts 2 and 3, small to moderate impacts on the physical
characteristics of the project site, the potential effect on
the Cayuga Inlet, visual character, future recreational
opportunities, effect on existing transportation systems,
objectionable noise, changes in the character of the park,
and possible public controversy, these impacts will not be
significant given the mitigating measures included in the
proposal; now, therefore, be it
RESOLVED that this Council determines that the proposed
project will result in no significant impact on the
October 8, 1997
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environment, and that a Negative Declaration for purposes of
Article 8 of the Environmental Conservation Law be filed
according to the requirements contained in Part 617.
Carried Unanimously
18.1B Approval of EQBA Application for Community Boathouse
By Alderperson Blumenthal : Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca is applying to the New York
State Office of Parks, Recreation and Historic Preservation
for a grant under the Environmental Protection Fund and/or
Clean Water/Clean Air Bond Act for a community boat house,
to be located in the City of Ithaca Cass Park, a site
located within the territorial jurisdiction of this Common
Council; and
WHEREAS, as a requirement of the rules of these programs,
said proposed community boat house facility must obtain the
“approval/endorsement of the governing body of the
municipality in which the project will be located”; now,
therefore, be it
RESOLVED that the Common Council of the City of Ithaca
hereby does approve and endorse the application of the City
of Ithaca for a grant of $150,000 under the Environmental
Protection Fund and/or Clean Water/Clean Air Bond Act, for a
park project known as the to be located within the City of
Ithaca Cass Park.
Alderperson Mackesey is opposed to the application due to
improper planning.
Alderperson Marcham requested further information regarding
who can utilize the boat club.
Ayes (7) Shenk, Sams, Efroymson, Vaughan,
Blumenthal, Thorpe, Gray
Nays (2) Mackesey, Marcham
Carried
18.1C Site Development Plan Review for the Community Boat
House
By Alderperson Blumenthal : Seconded by Alderperson Shenk
WHEREAS, the City has applied for a grant under the
Environmental Protection Fund and/or Clean Water/Clean Air
Bond Act for the construction of a boat house in Cass park
which the boat club will build if it receives the grant, and
WHEREAS, this facility will be located in Cass Park on a
highly visible site and will be an important civic
structure, and
WHEREAS, there will be a small to moderate visual impact on
the surroundings as determined by the Long Environmental
Assessment Form completed for this project, and
WHEREAS, the common Council remains concerned about the
visual impact on views of the building from across the Flood
Control Channel and from within the park, and
WHEREAS, this project will be constructed with private
monies but will be located on public land, and
WHEREAS, the Common Council would like to ensure that this
facility is attractively designed and enhances the park; now
therefore be it
October 8, 1997
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RESOLVED, that this project shall be subject to binding Site
Development Plan Review by the Planning and Development
Board so that the design of the facility will compliment and
be compatible with its park setting.
Carried Unanimously
18.2A Determination of No Significant Environmental Impact
- Roller Sports Park
By Alderperson Blumenthal : Seconded by Alderperson Shenk
WHEREAS, a site development plan for the proposed City of
Ithaca Roller Sports Park has been submitted for review and
approval by this Council, and
WHEREAS, the proposed development is an Unlisted Action
according to both the City Environmental Quality Review
Ordinance and the State Environmental Quality Review Act,
and the full EAF parts 1, 2, and 3 were completed, and
WHEREAS, this Board, the Lead Agency in this environmental
review, has reviewed the application materials and
supporting documents, including comments from the
Conservation Advisory Council, and
WHEREAS, the review process has identified, as noted in the
EAF parts 2 and 3, small to moderate impacts on the visual
character, future recreational opportunities, objectionable
noise, and possible public controversy, these impacts will
not be significant given the mitigating measures included in
the proposal; now, therefore, be it
RESOLVED that this Council determines that the proposed
project will result in no significant impact on the
environment, and that a Negative Declaration for purposes of
Article 8 of the Environmental Conservation Law be filed
according to the requirements contained in Part 617.
Extensive discussion followed on the floor regarding the
noise impact on Stewart Park and the Youth Bureau.
Carried Unanimously
18.2B Approval of EQBA Application for Roller Sports Park
By Alderperson Blumenthal : Seconded by Alderperson Shenk
WHEREAS, the City of Ithaca is applying to the New York
State Office of Parks, Recreation and Historic Preservation
for a grant under the Environmental Protection Fund and/or
Clean Water/Clean Air Bond Act for a roller sports park to
be located at the City of Ithaca Youth Bureau in the City of
Ithaca Stewart Park, a site located within the territorial
jurisdiction of this Common Council; and
WHEREAS, as a requirement of the rules of these programs,
said proposed roller sports facility must obtain the
“approval/endorsement of the governing body of the
municipality in which the project will be located”; now,
therefore, be it
RESOLVED that the Common Council of the City of Ithaca
hereby does approve and endorse the application of a roller
sports facility for a grant of $57,500 under the
Environmental Protection Fund and/or Clean Water/Clean Air
Bond Act, for a park project known as the City of Ithaca
Roller Sports Park to be located within the City of Ithaca
Stewart Park.
October 8, 1997
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Discussion followed on the floor regarding the three
alternative plans.
A vote on the Resolution resulted as follows:
Carried Unanimously
18.3 Approval of EQBA Application for Cayuga Inlet Trail
By Alderperson Blumenthal: Seconded by Alderperson Efroymson
WHEREAS, the City of Ithaca is applying to the New York
State Office of Parks, Recreation and Historic Preservation
for a grant under the Environmental Protection Fund and/or
Clean Water/Clean Air Bond Act for a design study for the
expansion of the Cayuga Inlet Trail, as proposed in the 1997
Tompkins County Waterfront Plan, to be located in the City
of Ithaca. The multi-use trail is proposed to be 5.5 miles
from the Visitor’s Center on East Shore Drive, along the
City’s waterfront areas to Cass Park, all located within the
territorial jurisdiction of this Common Council; and
WHEREAS, as a requirement of the rules of these programs,
said proposed Cayuga Inlet Trail Design Study must obtain
the “approval/endorsement of the governing body of the
municipality in which the project will be located”; now,
therefore, be it
RESOLVED that the Common Council of the City of Ithaca
hereby does approve and endorse the application of the City
of Ithaca for a grant of $15,000 under the Environmental
Protection Fund and/or Clean Water/Clean Air Bond Act for a
design study of the Cayuga Inlet Trail, the major portion of
which is located within the City of Ithaca.
Carried Unanimously
RECESS:
Common Council recessed at 9:30 pm.
RECONVENE:
Common Council reconvened into regular session at 9:45 pm.
18.4 Sale of City Land to Lansing Instruments
This item was withdrawn from the agenda due to lack of
advertising.
18.5 Economic Development Plan – Report
Alderperson Blumenthal reported that the Mayor has appointed
an Advisory Committee to oversee the implementation of the
Economic Development Plan.
18.6 Inlet Island Urban Design Guidelines - Report
Alderperson Blumenthal reported that the client group has
been organized, and that further input will be solicited
from the public through focus groups such as property
owners, hikers, and bicyclists.
18.7 Brownfields Grant Application
By Alderperson Blumenthal : Seconded by Alderperson Sams
WHEREAS, the City of Ithaca herein called the
“Municipality”, after thorough consideration of the various
aspects of the problem and study of available data, has
hereby determined that certain work, as described in its
application and attachments, herein called the “Project”, is
desirable, is in the public interest, and is required in
order to implement the Project; and
October 8, 1997
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WHEREAS, Article 56 of the Environmental Conservation Law
authorizes State assistance to municipalities for
environmental restoration projects by means of a contract
and the Municipality deems it to be in the public interest
and benefit under this law to enter into contract therewith;
now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca
1. That the Mayor of the City of Ithaca is the
representative authorized to act in behalf of the
Municipality’s governing body in all matters related to
State assistance under ECL Article 56, Title 5. The
representative is also authorized to make application,
execute the State Assistance contract, submit Project
documentation, and otherwise act for the Municipality’s
governing body in all matters related to the Project
and to State assistance;
2. That the Municipality agrees that it will fund its
portion of the cost of the Project and that funds will
be available to initiate the Project’s field work
within twelve (12) months of written approval of its
application by the department of Environmental
Conservation;
3. That one (1) certified copy of this resolution be
prepared and sent to the Albany office of the New York
State Department of Environment Conservation together
with the Application for State Assistance;
4. That this resolution take effect immediately.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
19.1 An Ordinance Adopting Section 300-20 Entitled "Real
Property Tax Exemptions for Historic Properties
By Alderperson Marcham: Seconded by
ORDINANCE 97-_______
NOW BE IT ORDAINED AND ENACTED by the Common Council of the
City of Ithaca, New York as follows:
Section 1. The City of Ithaca Municipal Code, Section 300-20
Entitled “Exemption Reduced to Zero” of Chapter 300 Entitled
“Taxation” is hereby amended to read as follows:
300-20.A. Legislative Intent.
This real property tax exemption for historic properties is
being enacted in order to achieve the following goals: to
increase incentives for property owners in historic
districts to invest in the upkeep and rehabilitation of
properties; to provide an incentive for the restoration and
rehabilitation of commercial structures which qualify as
landmarks in order to provide financial advantages, not
available elsewhere in the county at this time, which may
help to attract and retain businesses in the City of Ithaca;
to assist homeowners who are interested in restoring their
own properties, but may not be able to afford to do so when
faced with potential increases in taxation as the result of
alterations which would qualify for this exemption; to
provide financial incentives for investment in low income
residential neighborhoods which may contain landmarked
October 8, 1997
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buildings or districts designated within the area; and to
provide a concrete benefit to offset the perceived financial
disadvantage of owning historically or architecturally
significant properties which are subject to the regulations
of the city’s Local Landmarks Ordinance.
The City of Ithaca real property tax exemption is
intended to apply to the maximum extent permitted by law to
alterations or rehabilitations of historic property as
authorized pursuant to section 96-a and 119-aa through dd of
the General Municipal Law and section 444-a of the Real
Property Tax Law and all other powers granted to the City of
Ithaca to provide such exemptions.
This ordinance is intended to create a real property
tax exemption that preserves or increases the historic
character of real property located within the City of Ithaca
to the maximum extent permitted by law.
300-20.B Real property within the City of Ithaca altered or
rehabilitated subsequent to the effective date of this
ordinance shall be exempt from city real property and
special ad valorem levies, subject to and in accordance with
the schedule set forth in section 300-20.B.1 and conditions
outlined in Section 300-20.B.2,and C.
B.1 Historic property which shall be defined hereafter
shall be exempt from taxation to the extent of any increase
in value attributable to such alteration or rehabilitation
pursuant to the following schedule:
Year of exemption Percentage of Exemption
1 100%
2 100%
3 100%
4 100%
5 100%
6 80%
7 60%
8 40%
9 20%
10 0%
300-20.B.2 No such exemption shall be granted for such
alterations or rehabilitation unless all of the following
criteria are met:
(a) Such property is historic which shall mean that
the property has been designated as a landmark or is a
property that contributes to the character of an historic
district, created by a local law which was passed pursuant
to section 96-a or 119-d.d of the general municipal law; and
(b) Alterations or rehabilitation must be for the
purpose of historic preservation and may include interior
alterations or rehabilitation so long as the work preserves
or increases the historic character of the property; and
(c) Such alterations or rehabilitation of historic
property must meet guidelines and review standards
established in the local preservation law; and
(d) Such alterations or rehabilitation of historic
property are approved by the City’s Landmark Preservation
Commission prior to commencement of work; and
October 8, 1997
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(e) Alterations or rehabilitation are commenced
subsequent to the effective date of this local law.
This exemption shall be granted only by
application of the owner or owners of such historic real
property on a form proscribed by the State Equalization and
Assessment Board. The application shall be filed with the
County Assessor, who is the assessor for the City of Ithaca,
on or before the appropriate taxable status date covering
City real property.
D. Such exemptions shall be granted where the
assessor is satisfied that the applicant is entitled to an
exemption pursuant to this section. The assessor shall
approve such application and such property shall thereafter
be exempt from taxation and special ad valorem levies for
City real property taxation as provided in the schedule
established in section 300-20.B.1 of this law commencing
with the assessment roll prepared on the basis of the
taxable status date referred to in subdivision
300-20.C of this article. The assessed value of any
exemption granted pursuant to this section shall be entered
by the assessor on the assessment roll with the taxable
property, with the amount of the exemptions shown in a
separate column.
E. This Ordinance shall take effect immediately and
shall apply to assessment rolls completed on or after such
effective date.
Extensive discussion followed on the floor regarding the lack
of review for interior renovations and the role of the Ithaca
Landmarks Preservation Commission.
Motion to Refer to Committee
By Alderperson Marcham : Seconded by Alderperson Gray
RESOLVED, That this item be referred to the Budget and
Administration Committee for further review.
Carried Unanimously
19.2 DPW - Request to Amend DPW Storage Building Capital
Project
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, bids were opened on September 22, 1997 for
construction of the Streets and Facilities Equipment Storage
Building, and
WHEREAS, the post bid construction of the storage facility is
$370,000, allocated as follows:
General Construction $282,400
Electrical 17,000
Professional/Architect 18,300
In-House Costs/Site Prep. 22,300
Contingency 30,000
and
WHEREAS, the post-bid construction cost is $91,000 over the
original project authorization of $279,000 approved by
Council in 1995, and
WHEREAS, the DPW staff and Board of Public Works both
recommend the construction budget of $370,000 with award of
the construction contract to the lowest bidder; now,
therefore, be it
October 8, 1997
14
RESOLVED, That Common Council hereby amends Capital Project
#314 DPW Storage Facility by an amount not to exceed $91,000,
for a total authorization of $370,000, and be it further
RESOLVED, That the construction contract for the DPW Storage
Facility be hereby awarded to L. A. Johnson Construction of
Geneva, New York, for their low bid of $282,400, and be it
further
RESOLVED, That said funds for project amendment be derived
from the issuance of Serial Bonds.
Alderperson Blumenthal questioned whether this building will
have advisory Site Plan Review by the Planning Board.
Amending Resolution
By Alderperson Blumenthal : Seconded by Alderperson Mackesey
RESOLVED, That a Whereas clause be added between Whereas
clause two and three to read as follows:
“WHEREAS, the building will be subject to an advisory Site
Plan Review by the Planning Board.”
Carried Unanimously
Discussion followed regarding additional funds and building
options.
Main Motion as Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.3 Planning Department - Request to Amend Personnel Roster
By Alderperson Marcham : Seconded by Alderperson Blumenthal
WHEREAS, the Planning Committee has reviewed and approved a
reorganization of the Planning Department, which included the
new position of Neighborhood and Historic Preservation
Planner, and
WHEREAS, the Budget and Administration Committee has reviewed
the new positions included in the reorganization plan and
concurs with the recommendation from the Planning Committee;
now, therefore, be it
RESOLVED, That the 1997 Authorized Personnel Roster of the
Planning Department be amended as follows:
Add: One (1) Neighborhood and Historic
Preservation Planner
Delete: One (1) Planner II
and be it further
RESOLVED, That the position of Neighborhood and Historic
Preservation Planner be assigned to the CSEA Administrative
Unit at Grade 21, and be it further
RESOLVED, That Leslie Chatterton be appointed to the position
of Neighborhood and Historic Preservation Planner at an
annual salary of $40,119, effective October 13, 1997.
Alderpersons Efroymson and Mackesey voiced their opposition
to this resolution as the original Planning Department
reorganization plan did not include salary increases.
October 8, 1997
15
Alderperson Marcham informed Council that this position had
to be reclassified and that a pay increase is warranted.
Ayes (7) Thorpe, Gray, Marcham, Vaughan
Blumenthal, Sams, Shenk
Nays (2) Efroymson, Mackesey
Carried
19.4 Finance/Controller - Request Approval of 1997 NYS
Retirement Incentive Program Participants
By Alderperson Marcham : Seconded by Alderperson Thorpe
WHEREAS, the City enacted Local Law #7, June 4, 1997,
adopting the 1997 Retirement Incentive Program (Chapter 41,
Laws of 1997), and
WHEREAS, the applicable departments and the City Controller
have carefully evaluated the effects of targeting the
following positions, and have developed a plan that
demonstrates a minimum of 50% savings in the replacement
employee’s base salary over the two years following the
retirement of eligible employees, and
WHEREAS, based on such examination, and subject to
operational adjustments and considerations recognized in
concept as a part of this resolution, departments have
determined that in each instance services and related
supervision can be provided on a reasonable basis, should the
employees involved in the following targeted positions
exercise their option to retire during the authorized open
period; now, therefore, be it
RESOLVED, That the following positions and incumbent
employees be targeted for inclusion in the 1997 Targeted
Retirement Incentive Program (Chapter 41, Laws of 1997):
Bus Driver, Department of Public Works, Ronald M. Applegarth
Planner, Planning & Development Department, Jonathan Meigs
Building systems Supervisor, Department of Public Works,
James Miller
Maintainer, Department of Public Works, Charles Rivers
Parking Lot Attendant, Department of Public Works, Streets
and Facilities, Edith Rohrer
And be it further
RESOLVED, That the memorandum dated October 8, 1997 is
accepted, in concept, to indicate the operational changes set
forth by the applicable departments in the interest of
continuing a consistent level of service and related
supervision, each subject to future Common Council action
where required.
Carried Unanimously
19.5 A Local Law Amending Local Law #7-1997, Extending Time
Period for NYS Retirement Incentive Program
By Alderperson Marcham : Seconded by Alderperson Gray
LOCAL LAW # 9-1997
October 8, 1997
16
A Local Law Amending Local Law #7-1997 Re-establishing the 90
day Time Period of the Retirement Incentive Program as
Authorized by Chapter 41, Laws of 1997 for Eligible Employees
of the City of Ithaca
BE IT ENACTED by the Common Council of the City of Ithaca, as
follows:
Section 1. The City of Ithaca hereby elects to provide
all its eligible employees with a retirement
incentive program authorized by Chapter 41,
Laws of 1997 as amended.
Section 2. The commencement date of the retirement
incentive program shall be October 2, 1997.
Section 3. The open period during which eligible
employees may retire and receive the
additional retirement benefit, shall be 90
days in length.
Section 4. The actuarial present value of the additional
retirement benefits payable pursuant to the
provisions of this local law shall be paid as
one lump sum or in five annual installments.
The amount of the annual payment shall be
determined by the Actuary of the New York
State and Local Employees' Retirement System,
and it shall be paid by the City of Ithaca for
each employee who receives the retirement
benefits payable under this local law.
Section 5. This act shall take effect upon filing with the
Secretary of State.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Vaughan : Seconded by Alderperson Sams
RESOLVED, That Common Council adjourn into Executive Session
to discuss possible litigation and land acquisition.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no
formal action being taken.
Resolution
By Mayor Cohen : Seconded by Alderperson Gray
WHEREAS, the City has received an offer to settle
outstanding taxes that are a debt of the bankruptcy estate
of John Hwang, case number 92-63758, now, therefore, be it
RESOLVED, That the City accepts the offer of $9,802.80 as a
priority claim, and $1,849.79, as a general unsecured claim
in satisfaction of taxes due on 602 West Seneca Street.
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 11:05 P.M.
_________________________
October 8, 1997
17
Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor