Loading...
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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 12 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 13 (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