HomeMy WebLinkAboutMN-CC-2003-01-15 COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 pm January 15, 2003
PRESENT:
Mayor Cohen
Alderpersons (10) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal,
Mack, Peterson, Cogan, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney – Schwab
Assistant City Attorney - Dunn
City Controller – Thayer
Planning and Development Director – Van Cort
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American Flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
New Business:
Mayor Cohen requested the addition of Items 13.5 Election of the Acting Mayor
– Resolution and Item 13.6 Election of the Alternate Acting Mayor - Resolution.
No Council member objected.
SPECIAL ORDER OF BUSINESS:
A Public Hearing to Consider the Adoption of a Local Law Amending the
City of Ithaca Municipal Code, Chapter 300 Entitled “Taxation”, Section
300-26(B)(1) Providing for an Increase in the Disability Real Property Tax
Exemption
Resolution to Open Public Hearing
By Alderperson Manos: Seconded by Alderperson Blumenthal
RESOLVED, That the Public Hearing to consider the adoption of a Local Law
amending the City of Ithaca Municipal Code, Chapter 300 Entitled “Taxation”
providing for an increase in the Disability Real Property Tax Exemption be
declared open.
No one appeared to address Common Council.
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Pryor
RESOLVED, That the public hearing be declared closed.
Carried Unanimously
A Public Hearing to Consider the Adoption of an Ordinance Amending the
City of Ithaca Municipal Code, Chapter 300 Entitled “Taxation”, Sections
300-1(A)(1) and 300-2(A) Regarding a Real Property Tax Exemption for
Senior Citizens
Resolution to Open Public Hearing
By Alderperson Sams: Seconded by Alderperson Peterson
RESOLVED, That the Public Hearing to consider the adoption of an Ordinance
amending the City of Ithaca Municipal Code, Chapter 300 Entitled “Taxation”
Regarding a Real Property Tax Exemption for Senior Citizens be declared open.
No one appeared to address Common Council.
January 15, 2003
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Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Cogan
RESOLVED, That the public hearing be declared closed.
Carried Unanimously
A Public Hearing to Consider Approval of a Cable Television Franchise
Renewal between the City of Ithaca and Time Warner Entertainment –
Advance/Newhouse Partnership
Resolution to Open Public Hearing
By Alderperson Mack: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing to Consider Approval of a Cable Television
Franchise Renewal between the City of Ithaca and Time Warner Entertainment –
Advance/Newhouse Partnership be declared open.
The following people addressed Common Council:
John Gutenberger – Cornell University David Bly – City of Ithaca
Doria Higgins – Town of Ithaca Andrew Page – City of Ithaca
Ritva Cederstrom – City of Ithaca Pam Mackesey – City of Ithaca
Claire Germain – V/Cayuga Heights Wayles Brown – City of Ithaca
Wendy Skinner – Tompkins County PIO Paul Moore – City of Ithaca
Stuart Basefsky – V/Lansing Theresa Alt – City of Ithaca
Will Burbank – Town of Ithaca Fay Gougakis – City of Ithaca
LeGrace Benson – City of Ithaca Pete Meyers – City of Ithaca
Naomi Nakada – City of Ithaca Tom Mason – V/Cayuga Heights
Ben Nichols – Town of Ulysses John Coleman – T/Dryden
Gunhild Lischke – City of Ithaca Ed Salpeter – City of Ithaca
Sylvia Wahl – Town of Ithaca Kenny Ritter – Town of Ithaca
Don Lifton – City of Ithaca Jim Ferwerda – City of Ithaca
Mike Lane – Town of Dryden John Efroymson – C/Ithaca
David Greenwood – Town of Ithaca Gilbert Levine – T/Dryden
Danie Burns – City of Ithaca Slava Paperno – City of Ithaca
Ann Peters – City of Ithaca Cris McConkey – Trumansburg
MaryAnne Grady Flores – C/Ithaca John Hamilton – City of Ithaca
Jim Blizzard – Town of Danby Barbara Smith – City of Ithaca
Resolution to Close Public Hearing
By Alderperson Hershey: Seconded by Alderperson Whitmore
RESOLVED, That the Public Hearing be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Ismael Villafane – Ithaca High School Resource Officer, submitted a petition with
64 signatures
Fay Gougakis – Cable Access Issues; Ethics Advisory Board Recommendations;
Inlet Island Promenade
Joel Harlan – Cable Access Issues; Crime in Ithaca
Ken Ritter – Cable Access Issues
John Dermody – DKE Historical Landmark
Lin Davidson – DKE Historical Landmark
Barbara Lifton – Cable Access Issues
RESPONSE TO PUBLIC:
The following Council members responded to comments made by the public:
Alderperson Vaughan – Ethics Legislation and Procedures
Alderperson Blumenthal – DKE Historical Designation
Alderperson Hershey – Crime in Ithaca and praise for Ithaca Police Department
Alderperson Sams – Ithaca High School Resource Officer
January 15, 2003
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Alderperson Mack – DKE Historical Designation
RECESS:
Common Council recessed at 9:05 p.m.
RECONVENE:
Common Council reconvened into Regular Session at 9:15 p.m.
CONSENT AGENDA:
8.1 City Attorney’s Office - Request to Upgrade Confidential Secretary to
the City Attorney to Legal Assistant - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, the Office of the City Attorney is reconfiguring its staff and duties
which reconfiguration is expected to be fully implemented by February 1, 2003,
and
WHEREAS, such reconfiguration will require increased duties of the Confidential
Secretary, including duties generally performed by a paralegal, and
WHEREAS, at a regularly scheduled meeting held on November 6, 2002,
Common Council authorized the upgrade of the Confidential Secretary to the City
Attorney with commensurate increase in salary, and
WHEREAS, on December 5, 2002, the City of Ithaca Civil Service Commission
approved an upgrade of the Confidential Secretary position to that of Legal
Assistant, and
WHEREAS, the salary for the Legal Assistant position has been set at
$30,422.00, an increase of $3,950.00 over the 2003 budgeted salary of the
Confidential Secretary,
now therefore, be it
RESOLVED, That Common Council hereby amends the City Attorney’s
Personnel Roster as follows:
Delete: One (1) Confidential Secretary to the City Attorney (40 hrs)
Add: One (1) Legal Assistant (40 hrs)
and be it
RESOLVED, That the current salary line for Confidential Secretary be transferred
to that of Legal Assistant, and be it
RESOLVED, That the additional funding for the Legal Assistant position be
derived from the Office of the City Attorney’s existing budget, and be it further
RESOLVED, That the Legal Assistant be assigned to the Confidential Salary
Plan.
Carried Unanimously
8.2 Building Department - Request to Amend Personnel Roster -
Resolution
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, The Building Department must make changes to the support staff
roster due to budget cuts that will be implemented in 2003, and
WHEREAS, The Building Department requests to change the title of its entry
level clerical position from Typist to Clerk, and
WHEREAS, the Clerk and Typist are grade 2 titles under the CSEA
Administrative Salary Plan but the Typist position requires the ability to type 35
words per minute, and
January 15, 2003
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WHEREAS, the Building Commissioner believes it will be easier to fill the half
time entry-level position if there are no typing qualifications, and
WHEREAS, filling the position expeditiously will reduce the impact of losing a
half-time clerical position, and therefore be it
RESOLVED, That Common Council hereby amends the Building Department’s
Personnel Roster as follows:
Add: One (1) Clerk (40 hrs)
Delete: One (1) Typist (40 hrs)
Carried Unanimously
8.3 City Prosecutor’s Office - Increase in Hours for Deputy City
Prosecutor - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, due to layoffs, the City Prosecutor has secured employment
requiring her resignation on December 20, 2002, and
WHEREAS, it is by job description the responsibility of the deputy to assume the
department head responsibility in the department heads absence, and
WHEREAS, the Deputy City Prosecutor’s position is a half-time position, which is
not sufficient time to perform the additional task, now therefore be it
RESOLVED, That Common Council hereby temporarily amends the City
Prosecutor’s authorized Personnel Roster as follows:
Increase: One (1) Deputy City Prosecutor from 20 hours to 40 hours
and be it further
RESOLVED, That the increase in hours be for the following time period:
December 23, 2002 through January 31, 2003.
Carried Unanimously
8.4 DPW (TCAT) – Request to Amend the Personnel Roster and Hire
Above the Minimum - Resolution
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, in order to maintain hours of service provided for TCAT with City
employed Bus Drivers, it requires 20 full-time shifts, and
WHEREAS, TCAT has added 20 hours per week to Route 10, which combined
with additional hours on other routes has resulted in the need to create a full-time
position, and
WHEREAS, TCAT currently has four (4) part-time positions vacant with the
Position Review Committee’s authorization to fill, and
WHEREAS, it has been and continues to be extremely difficult to recruit qualified
drivers willing to work part-time with a varied work schedule, and
WHEREAS, when TCAT is able to attract part-time drivers whose function is to
replace full-time drivers when they are out, the part-time drivers consistently
function as full-time, and
WHEREAS, TCAT has substantial overtime cost due to driver shortage, which
would be significantly diminished by filling the vacant positions and adding one
new position, and
January 15, 2003
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WHEREAS, the starting salary for Bus Drivers is $9.28/hour but over the last two
years Common Council has authorized the hiring of new drivers at $10.02/hour to
enable the City to be more competitive, now therefore be it
RESOLVED, That Common Council hereby amends the Department of Public
Works – TCAT Personnel Roster as follows:
Add: One (1) Full-Time Bus Driver
Increase: Four (4) 20 hour Bus Driver Positions to 40 hour Bus Driver
Positions
and be it
RESOLVED, That in accordance to the CSEA DPW collective bargaining
agreement, Common Council authorizes the hiring of the five (5) full-time drivers
at $10.02 per hour, and be it further
RESOLVED, That the filling of these five (5) positions will not add additional
expense to the current budget.
Carried Unanimously
8.5 DPW (Water & Sewer) – Request to Extend Independent Contract -
Resolution
By Alderperson Blumenthal: Seconded by Alderperson Pryor
WHEREAS, Common Council approved at its regular meeting December 5,
2001, an extension of an on-site AutoCAD training service contract at Water and
Sewer and other City departments for Michael Ocello for the year 2002, and
WHEREAS, the Water and Sewer Division requests an extension of that contract
to December 31, 2003 at a $21.90 hourly rate, and
WHEREAS, the current retirements and transitions in the Water and Sewer
Division related to economic development and computer-drafting skills will
sustain the need for specialized and experienced manpower to maintain the
overall operations of the divisions; now, therefore be it
RESOLVED, That Common Council hereby authorizes the Assistant
Superintendent of Public Works for Water and Sewer to extend the independent
contract for on-site AutoCAD training with Michael Ocello for the period from
January 1, 2003 to December 31, 2003, to be reimbursed at the rate of $21.90
per hour, for a total contract extension not to exceed $22,776, and be it further
RESOLVED, That the funds for said contract shall be derived from the Water and
Sewer operating accounts and Capital Projects #506 or #606.
Carried Unanimously
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE:
9.1 Local Landmark Designation of the Delta Kappa Epsilon Fraternity
Lodge, 13 South Avenue – Resolution
By Alderperson Manos: Seconded by Alderperson Blumenthal
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Ithaca
Landmarks Preservation Commission may designate landmarks and districts of
historic and cultural significance, and
WHEREAS, on December 5, 2003, the Ithaca Landmarks Preservation
Commission conducted a special public hearing for the purpose of considering a
proposal to designate as a local landmark the Delta Kappa Epsilon Fraternity
Lodge, 13 South Avenue, also known as Deke House, and
WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality
Review Act and an Unlisted Action under the City Environmental Quality Review
January 15, 2003
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Ordinance and after conducting appropriate environmental review the Ithaca
Landmarks Preservation Commission, acting as Lead Agency, has determined that
the proposal will not have a significant environmental impact, and
WHEREAS, the Commission finds that the proposal meets criteria under the
Landmarks Preservation Ordinance and has voted to designate the Deke House a
local landmark, and
WHEREAS, Section 228-4 of the Municipal Code states that the Council shall
within ninety days of said designation, approve, disapprove or refer back to the
Commission for modification, and
WHEREAS, as set forth in Section 228-4 of the Municipal Code, the Planning
Board shall file a report with the Council with respect to the relation of such
designation to the master plan, the zoning law, projected public improvements and
any plans for the renewal of the site or area involved, and
WHEREAS, a copy of the Planning Board's report and recommendation for
approval of the designation has been reviewed by the Common Council, now,
therefore, be it
RESOLVED, That the Ithaca Common Council finds that the designation will not
conflict with the master plan, existing zoning, projected public improvements or any
plans for renewal of the site and area involved, and be it further
RESOLVED, That the Deke House meets the definition of a local landmark as set
forth in the Municipal Code, and be it further
RESOLVED, That the Ithaca Common Council approves the designation of the
Delta Kappa Epsilon Fraternity as a Local Landmark.
Carried Unanimously
BUDGET & ADMINISTRATION COMMITTEE:
10.1 Attorney – Time Warner Cable TV Franchise Renewal Agreement –
Resolution
By Alderperson Vaughan: Seconded by Alderperson Cogan
WHEREAS, an application for renewal of a cable television franchise has been
duly made to the Common Council of the City of Ithaca, Tompkins County, New
York, by TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE
PARTNERSHIP, a New York General Partnership, organized and existing under
the laws of the State of New York, d/b/a Time Warner Cable with a local place of
business located at 519 West State Street, Ithaca, New York 14850, and
WHEREAS, TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE
PARTNERSHIP is the holder of a cable television franchise in the City of Ithaca,
and
WHEREAS, TIME WARNER ENTERTAINMENT-ADVANCED/NEWHOUSE
PARTNERSHIP seeks approval of an agreement to renew Time Warner
Entertainment-Advanced Newhouse Partnership’s cable television franchise for
an additional ten (10) years commencing on the date the agreement is granted a
certificate of confirmation by the New York State Public Service Commission, and
WHEREAS, the Franchise Renewal Agreement would bring the franchise into
conformity with certain provisions of the Federal Cable Communications Policy
Act of 1984, as amended, and certain court rulings, and
WHEREAS, a public hearing was held at the Boynton Middle School, 1601
North Cayuga Street, Ithaca, New York on January 28, 1999 at 7:30 p.m. to
afford the public an opportunity to identify the future cable-related community
needs and interests and to review the performance of the cable operator under
the then current franchise term, and
January 15, 2003
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WHEREAS, a notice of said public hearing was published in the Ithaca Journal
on January 14, 1999, and
WHEREAS, an additional public hearing was held at the Greater Ithaca
Activities Center (GIAC), 318 North Albany Street, Ithaca, New York on February
1, 1999 at 7:30 p.m. and notice of said public hearing was published in the Ithaca
Journal on January 23, 1999, and
WHEREAS, since the last public hearing was held over a year ago, it was
determined that another public hearing should be held to afford the public an
opportunity to comment on the proposed franchise renewal agreement and that
Common Council should, thereafter, re-vote on the application for renewal, and
WHEREAS, a public hearing was held at the regularly scheduled Common
Council meeting on January 15, 2003, and notice of said public hearing was
published in the Ithaca Journal on January 1, 2003, and January 8, 2003, and
WHEREAS, said Notice informed the general public that a copy of the franchise
renewal application was available for review in the City Clerk’s Office during
normal business hours, and
WHEREAS, Common Council, at its regularly scheduled meeting held on
November 6, 2002, voted to approve the franchise renewal,
NOW, THEREFORE, the Common Council of the City of Ithaca finds that:
1. Time Warner Entertainment-Advanced Newhouse Partnership d/b/a Time
Warner Cable has substantially complied with the material terms and conditions
of its existing franchise and with applicable law; and
2. The quality of Time Warner Entertainment-Advanced Newhouse
Partnership’s service, including signal quality, response to customer complaints
and billing practices has been reasonable in light of community needs; and
3. Time Warner Entertainment-Advanced Newhouse Partnership has the
financial, legal and technical ability to provide the services, facilities and
equipment as set forth in its proposal, and
4. Time Warner Entertainment-Advanced Newhouse Partnership can
reasonably meet the future cable-related community needs and interests, taking
into account the cost of meeting such needs and interests.
BE IT RESOLVED, That the Common Council of the City of Ithaca hereby
renews the cable television franchise of Time Warner Entertainment-Advanced
Newhouse Partnership in the City of Ithaca for ten (10) years commencing on the
date the agreement is granted a certificate of confirmation by the New York State
Public Service Commission and expiring ten (10) years from said date of
confirmation, and be it further
RESOLVED, That the Common Council of the City of Ithaca hereby confirms that
this Franchise Renewal Agreement replaces the original franchise granted and
all amendments thereto, and be it further
RESOLVED, That Common Council authorizes the Mayor to sign said cable
television franchise renewal agreement on behalf of the City of Ithaca and to take
the necessary steps, in cooperation with Time Warner Entertainment-Advanced
Newhouse Partnership, to assure certification of said cable television franchise
renewal by the New York State Department of Public Service.
Extensive discussion followed on the floor regarding what process will be
followed for further consideration of this issue, the time period allowed, and legal
issues involved.
January 15, 2003
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A question and answer session between Common Council members and
Thomas Doheny, General Manager and Henry Pearl, Time Warner Cable
followed on the floor.
Alderperson Mack left the meeting at 10:25 p.m.
Steven Shaye, and Carol MacTague, NYS Public Service Commission answered
process questions from Common Council and clarified various laws and acts
approved since 1988. They stated that the City’s franchise agreement is an
excellent agreement and is well beyond what many larger cities have. They
stated that the minimum state requirement for public access channels is two.
They further stated that the City’s franchise agreement is an excellent model for
other communities to use. Further discussion followed on the floor regarding the
1996 Telecommunications Act.
Motion to Table:
By Alderperson Cogan: Seconded by Alderperson Sams
RESOLVED, That this item be tabled pending further the advice of legal counsel
and further discussion.
Ayes (8) Manos, Sams, Whitmore, Blumenthal, Vaughan,
Peterson, Hershey, Cogan
Nays (1) Pryor
Carried
Motion to Enter into Executive Session
By Alderperson Hershey: Seconded by Alderperson Sams
RESOLVED, That Common Council adjourn into Executive Session to discuss
land acquisition and to seek the advice of legal counsel.
Ayes (4 ) Hershey, Sams, Manos, Vaughan
Nays (4 ) Cogan, Pryor, Blumenthal, Peterson
Abstentions (1) Whitmore
Failed
Common Council sought the advice of legal counsel at 11:08 p.m.
Common Council reconvened into Regular Session at 11:50 p.m.
Alderperson Hershey left the meeting at 11:50 p.m.
Discussion followed on the floor regarding the process to be followed in the next
two weeks. Mayor Cohen directed the City Clerk to provide a verbatim transcript
of the public hearing to consider the cable franchise agreement with Time
Warner Cable. Common Council members will prepare a list of questions or
language clarifications needed. Mayor Cohen, Alderperson Cogan and
Alderperson Pryor will work with Time Warner Cable representatives to clarify
language and intent issues.
10.8 DPW – Water and Sewer – Request to Establish Capital Project to
Refurbish IAWWTP Primary Tanks – Resolution
By Alderperson Vaughan: Seconded by Alderperson Manos
WHEREAS, Wastewater staff have determined the urgent need for immediate
repairs and rehabilitation of the worst half of the primary settling tanks at the
Ithaca Area Wastewater Treatment Plant at an estimated cost of $160,000; now,
therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project 410J in
an amount not to exceed $160,000 to up-front repairs to the failing half of the
wastewater plant primary settling tank scrapers to eventually be cost-shared as
follows:
January 15, 2003
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City of Ithaca 57.15% $ 91,440.00
Town of Ithaca 40.87% $ 65,392.00
Town of Dryden 1.98% $ 3,168.00
$160,000.00
and be it further
RESOLVED, That City staff may proceed with the project specifications and bid
document preparation and placing the advertisement for bids with the
understanding the project is contingent upon the approval by the Towns of Ithaca
and Dryden, and be it further
RESOLVED, That the funding for the City portion of said project shall be derived
from existing Capital Reserve Funds in J-1.
Carried Unanimously
10.11 Adoption of a Local Law Amending the City of Ithaca Municipal
Code, Chapter 300 Entitled “Taxation”, Section 300-26(B)(1) Providing for
an Increase in the Disability Real Property Tax Exemption.
By Alderperson Vaughan: Seconded by Alderperson Cogan
Local Law -2003
BE IT 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
disability tax exemptions, section 300-26(B)(1) of Article V entitled Disability
Exemption of the City of Ithaca Municipal Code shall be amended to increase the
amount of the partial real property tax exemption for certain disabled persons, as
follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459-c of the Real Property Tax Law of the
State of New York, real property located in the City of Ithaca owned by one or
more persons, each of whom is disabled and whose income is limited by reason
of such disability, or real property owned by husband and wife, or siblings, one of
whom is disabled and whose income is limited by reason of such disability, shall
be partially exempt from taxation by said city for the applicable taxes specified in
§ 459-c based upon the income of the owner or combined income of the owners.
Such partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Percentage Assessed
or Combined Annual Valuation Exempt
Income of Owners From Taxation
Up to $21,500 [Up to $20,500.00] 50%
More than $21,500 but less than $22,500 45%
[More than $20,500 but less than $21,500]
$22,500 to $23,499.99 40%
[$21,500 to $22,499.99]
$23,500 to $24,499.99 35%
[$22,500 to $23,499.99]
$24,500 to $25,399.99 30%
[$23,500 to $24,399.99]
$25,400 to $26,299.99 25%
[$24,400 to $25,299.99]
January 15, 2003
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$26,300 to $27,199.99 20%
[$25,300 to $26,199.99]
$27,200 to $28,099.99 15%
[$26,200 to $27,099.99]
$28,100 to $28,999.99 10%
[$27,100 to $27,999.99]
$29,000 to $29,899.99 5%
[$28,000 to $28,899.99]
Section 2. Effective Date.
This Local Law shall take effect immediately in accordance with law upon filing
with the Secretary of State.
Carried Unanimously
10.12 Adoption of an Ordinance Amending the City of Ithaca Municipal Code,
Chapter 300 Entitled “Taxation”, Sections 300-1(A)(1) and 300-2(A) regarding
a Real Property Tax Exemption for Senior Citizens.
By Alderperson Vaughan: Seconded by Alderperson Manos
Ordinance 2003 -
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.
(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 $21,500 [Up to $20,500] 50%
More than $21,500 [$20,500] 45%
but less than $22,500 [$21,500]
$22,500[$21,500] to $23,499.99[$22,499.99] 40%
$23,500[$22,500] to $24,499.99[$23,499.99] 35%
January 15, 2003
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$24,500[$23,500] to $25,399.99[$24,399.99] 30%
$25,400[$24,400] to $26,299.99[$25,299.99] 25%
$26,300[$25,300] to $27,199.99[$26,199.99] 20%
$27,200[$26,200] to $28,099.99[$27,099.99] 15%
$28,100[$27,100] to $28,999.99 [$27,999.99] 10%
$29,000[$28,000] to $29,899.99 [$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 $29,899.99 [$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.
Carried Unanimously
NEW BUSINESS:
13.2 A Resolution in Support of Community Participation and Further
Communications on the Coal Tar Clean Up
By Alderperson Pryor: Seconded by Alderperson Peterson
WHEREAS, a manufactured gas plant was operated near the corner of West
Court and North Plain Streets in the City of Ithaca between 1853 and 1927, and
WHEREAS, when the plant closed, by-products of the industrial process were left
in the ground on the plant site and in a duct or ducts running under West Court
Street, and
WHEREAS, according to the remedial investigation report, by-products are
known to have leaked on the plant site and into surrounding residential blocks,
and
WHEREAS, the site has been listed since 1988 on the New York State Inactive
Hazardous Waste Disposal Site Registry and categorized as a Class Two site
posing a “significant threat to the public health or environment – action required,”
and
January 15, 2003
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WHEREAS, New York State Electric and Gas (NYSEG) is the responsible party
as designated by New York State Department of Environmental Conservation
(DEC) for the clean-up of the site and surrounding contamination, and
WHEREAS, the investigation and remediation of the site by NYSEG is being
overseen by the DEC and the New York State and Tompkins County
Departments of Health (DOH), and
WHEREAS, members of the impacted community are concerned with the scope
of the investigation, the degree and quality of public participation in the process,
the quality of data collected, the quality of data analysis, plans to protect the
public health during the cleanup, and the commitment of NYSEG, the DEC and
the DOH to complete a thorough, safe cleanup, and
WHEREAS, representatives of the community, defined as private and public
properties bounded by Buffalo, Meadow, Cascadilla and Albany Streets, have
assembled a document titled, “The Community’s Requirements of Investigation
and Remediation, Former Court Street Manufactured Gas Plant, Ithaca, New
York,” also known as the Community’s Requirements Document, outlining their
requirements for the investigation and cleanup of contamination, and
WHEREAS, members of the community as defined in the previous “whereas”
wish to ensure full participation, a comprehensive investigation, a zero-emission
cleanup, and property value protection for both public and private owners, and
WHEREAS, the Tompkins County Environmental Management Council and
State Assemblywoman Barbara Lifton have endorsed the Community
Requirements Document, and
WHEREAS, the City of Ithaca Conservation Advisory Council has endorsed the
first three points of the Community Requirements Document, now, therefore, be it
RESOLVED, That Common Council supports the efforts of the Coal Tar Advisory
Committee (CTAC) to assure adequate community participation in the
investigation and cleanup of the former Court Street Manufactured Gas Plant and
all related contamination throughout the community, and be it further
RESOLVED, That Common Council endorses a meeting between
representatives of NYSEG, the CTAC, and allied community organizations to
discuss the concerns around the four goals of the Community Requirements
Document (full public notification and participation, a comprehensive
investigation, a zero-emission cleanup, and property value protection for both
public and private owners), and be it further
RESOLVED, That CTAC and NYSEG representatives will be asked to report
back to the Neighborhood & Community Issues Committee at its February
meeting on the outcome of the abovementioned meeting.
Amending Resolution:
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That the 7th and 8th Whereas Clauses be amended to read as
follows:
“WHEREAS, members of the Coal Tar Advisory Committee (CTAC) and others
are concerned with the scope of the investigation, the degree and quality of
public participation in the process, the quality of data collected, the quality of data
analysis, plans to protect the public health during the cleanup, and the
commitment of NYSEG, the DEC and the DOH to complete a thorough, safe
cleanup, and
WHEREAS, representatives of the Coal Tar Advisory Committee and others,
have assembled a document titled, “The Community’s Requirements of
January 15, 2003
13
Investigation and Remediation, Former Court Street Manufactured Gas Plant,
Ithaca, New York”, also known as the Community’s Requirements Document,
outlining their requirements for the investigation and cleanup of contamination,
and”
Carried Unanimously
Amending Resolution:
By Alderperson Pryor: Seconded by Alderperson Whitmore
RESOLVED, That the 9th Whereas Clause be amended to read as follows:
“WHEREAS, members of the Coal Tar Advisory Committee and others wish to
ensure full participation, a comprehensive investigation, a zero-emission cleanup,
and property value protection for both public and private owners, and”
Carried Unanimously
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
RECESS:
On a motion Common Council recessed until 6:30 p.m. January 29, 2003.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor