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Home My WebLink AboutMN-CC-2000-12-18COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 6:00 p.m. December 18, 2000 PRESENT: Mayor Cohen Alderpersons: (8)Pryor, Manos, Sams, Farrell, Vaughan, Spielholz, Hershey, Taylor OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney - Schwab Deputy Director of Planning and Economic Development – Cornish EXCUSED: Alderpersons: Blumenthal, Glasstetter PLEDGE OF ALLEGIANCE: Mayor Cohen led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Executive Sessions Mayor Cohen requested the addition of a Motion to Enter into Executive Session to seek legal advice from the City Attorney, and a Motion to Enter into Executive Session to discuss Collective Bargaining. Mayor Cohen requested the addition of an Ordinance Amending Chapter 300 Entitled “Taxation” of the City of Ithaca Municipal Code, Regarding a Real Property Tax Exemption for Senior Citizens. No Council member objected. SPECIAL ORDER OF BUSINESS: Motion to Enter into Executive Session By Alderperson Hershey: Seconded by Alderperson Pryor RESOLVED, That Common Council adjourn into Executive Session to seek legal advice from the City Attorney. Carried Unanimously RECONVENE: Common Council reconvened into Regular session and reported that no action was taken during the Executive Session. A Public Hearing to Consider the Adoption of the 1994 Southwest Area Land Use Plan and the 1998 Addendum to the Plan Motion to Open Public Hearing By Alderperson Farrell: Seconded by Alderperson Taylor RESOLVED, That the Public Hearing to consider the adoption of the 1994 Southwest Area Land Use Plan and the 1998 Addendum to the Plan be declared open. Carried Unanimously Mayor Cohen detailed the chronological history of the Southwest Area Land Use Plan, and the amendments to the Plan. He explained that the public hearing is specific to the adoption of this plan, and speakers will only be allowed to speak about the Plan and the 1998 Addendum to the Plan. December 18, 2000 2 Mayor Cohen further stated that a public forum will be held on December 19, 2000, 5:00 pm – 7:00 pm, at the Women’s Community Building to discuss any topic. Mayor Cohen answered concerns raised by the public regarding the cancellation of two previous public hearing dates and the public notice of this hearing. The following people addressed Common Council regarding the 1994 Southwest Area Land Use Plan and 1998 Addendum to the Plan: John Yntema, Town of Ithaca Margot Brinn, City of Ithaca Dan Klein, Town of Danby Joel Harlan, Town of Dryden Doria Higgins, Town of Ithaca Dave Richie, Town of Ithaca Daniel Hoffman, City of Ithaca Neil Oolie, City of Ithaca Jill Brantley, City of Ithaca Barb Van Dyke, Town of Ulysses Fay Gougakis, City of Ithaca Diane Olden, Town of Danby LeMoyne Farrell, City of Ithaca Tom Kaventuer, Town of Enfield Motion to Close Public Hearing By Alderperson Pryor: Seconded by Alderperson Spielholz RESOLVED, That the Public Hearing to consider the adoption of the 1994 Southwest Area Land Use Plan and the 1998 Addendum to the Plan be declared closed. Carried Unanimously After discussion Common Council deferred the Adoption of the 1994 Southwest Area Land Use Plan and 1998 Addendum to the Plan to the January 3, 2001 Common Council meeting. An Ordinance Amending Sections 300-1(A)(1) and 300-2(A) of Chapter 300 entitled "Taxation" of the City of Ithaca Municipal Code, regarding a Real Property Tax Exemption for Senior Citizens By Alderperson Hershey: Seconded by Alderperson Pryor ORDINANCE 00- 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 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 husband and wife 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. December 18, 2000 3 (1) Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Assessed Valuation Combined Annual Income of Owners Exempt From Taxation Up to $20,500 50% More than $20,500 45% but less than $21,500 $21,500 to $22,499.99 40% $22,500 to $23,499.99 35% $23,500 to $24,399.99 30% $24,400 to $25,299.99 25% $25,300 to $26,199.99 20% $26,200 to $27,099.99 15% $27,100 to $27,999.99 10% $28,000 to $28,899.99 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 $28,899.99 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 the husband or the wife, 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. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. Assistant City Attorney Dunn explained that New York State has increased the income ceilings for exemptions for the disability tax exemption and for the senior citizens tax exemption. This legislation must be in place by March 1, 2001 per New York State law. The increase in the disability tax exemption must be approved by Local Law and in order for it to be considered in January, it must be laid on the table by December 22, 2000 in accordance with law. She further explained that Tompkins County will only be raising the income ceilings by $500 rather than $1,000 as permitted by State law. Common Council requested that the Local Law to Amend Chapter 300 Entitled “Taxation” of the City of Ithaca Municipal December 18, 2000 4 Code, Providing for an Increase in the Disability Real Property Tax Exemption, as written, be laid on the table for consideration at the January 3, 2001 Common Council meeting. Main Motion A vote on the Ordinance resulted as follows: Carried Unanimously Motion to Enter into Executive Session By Alderperson Manos: Seconded by Alderperson Pryor RESOLVED, That Common Council adjourn into Executive Session to discuss a matter of Collective Bargaining. Carried Unanimously RECONVENE: Common Council reconvened into Regular session and brought forth the following: Resolution By Alderperson Manos: Seconded by Alderperson Taylor RESOLVED, That Common Council approves the 2000-2003 CSEA Department of Public Works Unit Labor Contract, and, be it further RESOLVED, That the 2000 salary increase be retroactive to January 1, 2000. Carried Unanimously ADJOURNMENT: On a motion the meeting was adjourned at 8:15 p.m. Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor