HomeMy WebLinkAboutMN-CC-2002-02-13
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COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Special Meeting 7:30 p.m. February 13, 2002
PRESENT:
Mayor Cohen
Alderpersons (8) Pryor, Sams, Mack, Manos, Peterson, Vaughan,
Whitmore, Cogan
EXCUSED:
Alderpersons (2) Blumenthal, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
SPECIAL ORDER OF BUSINESS:
Common Council of the City of Ithaca, Providing an Exemption from
Sales and Compensating Use Taxes for Receipts from Retail Sales
of, and Consideration Given or Contracted to be Given For,
Certain Clothing and Footwear Costing Less Than $110 Per Item,
Pursuant to the Authority of Article 29 of the Tax Law of the
State of New York
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, By the Common Council of the City of Ithaca that
Section Six of the June 25, 1969 Enactment, as amended, is
amended by adding a new subdivision (h) to read as follows:
(h) Receipts from sales of and consideration given or
contracted to be given for purchases of clothing and
footwear exempt from state sales and compensating use
taxes pursuant to paragraph (30) of subdivision (a) of
Section 1115 of the New York Tax Law shall also be exempt
from sales and compensating use taxes imposed by this
resolution, and, be it further
RESOLVED, That this Resolution shall take effect March 1, 2002
and shall apply to sales made and uses occurring on or after that
date although made or occurring under a prior contract.
Alderperson Vaughan explained that the City has to opt into
Tompkins County’s decision to exempt the collection of sales tax
for clothing and footwear costing less than $110 per item. The
City missed the original filing deadline, but Senator Seward and
Assembly Luster have agreed to pursue the enactment of special
legislation to allow the City to permanently exempt State sales
and compensating use taxes for these items.
A vote on the Resolution resulted as follows:
Carried Unanimously
Request for Enactment of Special Legislation
By Alderperson Vaughan: Seconded by Alderperson Pryor
WHEREAS, The Common Council of the City of Ithaca desires to
enact the “Permanent” exemption from the state sales and
compensating use taxes on clothing and footwear costing less than
$110 per item of clothing or per pair of shoes or other articles
of footwear, and
WHEREAS, the date by which said Local Law was required to be
enacted (January 31, 2002) has passed, and
February 13, 2002
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WHEREAS, the County of Tompkins has enacted legislation to
permanently exempt from the state sales and compensating use
taxes the purchase of clothing and footwear costing less than
$110 per item, and
WHEREAS, the continuation of said tax on purchases of clothing
and footwear less than $110 per item, inside the City, would
present an unreasonable hardship on both vendors and individuals
purchasing said items; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca hereby
requests that Senator James L. Seward and Assemblyman Martin
Luster seek the enactment of special legislation, which would
allow the City to permanently exempt from state sales and
compensating use taxes the purchase of clothing and footwear
costing less than $110 per item.
Carried Unanimously
NEW BUSINESS:
Southwest Park Substitute Parkland
Alderperson Cogan reported that an issue has recently arisen
where Widewaters Development Corp. is currently conducting
building activity on City owned land upon which they do not have
an easement. He asked if an agreement had been reached with the
City to permit this activity. He stated that Widewaters’ placed
a permanent easement over the land that they transferred to the
City that allows them perpetual rights to that land, however the
work that is being completed is on City owned property.
Mayor Cohen responded that he did not have a definitive answer at
this point, but will investigate this matter further. Physical
activity was performed on the Widewaters’-owned site today. He
further stated that the Planning Board’s decision extended to all
of the parcels.
Alderperson Whitmore expressed concern that people were arrested
for trespassing on City-owned property.
Mayor Cohen responded that Police Chief Basile stated that the
arrest was made on Widewaters’ property, and that the surveying
stakes were visible to the arresting officer. He stated that he
will follow-up with Chief Basile and report back to Common
Council.
ADJOURNMENT:
On a motion the meeting adjourned at 7:40 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor