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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 2 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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 $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 11 $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 12 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