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HomeMy WebLinkAboutMN-CC-2003-07-17 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 5:00 pm July 17, 2003 PRESENT: Acting Mayor Pryor Alderpersons (6) Manos, Blumenthal, Peterson, Cogan, Hershey, Sams OTHERS PRESENT: City Clerk – Conley Holcomb City Controller - Thayer EXCUSED: Alderpersons: Vaughan, Mack, Whitmore PLEDGE OF ALLEGIANCE: Acting Mayor Pryor led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: Resolution Repealing Common Council Resolution Non-Election of Temporary Clothing/Footwear Sales Tax Exemption (2003-2004) and No Permanent Exemption Effective June 1, 2004 By Alderperson Manos: Seconded by Alderperson Sams WHEREAS, the City of Ithaca adopted a resolution on July 9, 2003, electing not to participate in the 2003-2004 Temporary Exemption of Clothing and Footwear offered by New York State, and WHEREAS, the adoption of said resolution was based on Tompkins County action not to participate in the Temporary and Permanent Exemption, and WHEREAS, the Tompkins County legislature, at a meeting on July 15, 2003, decided to participate in the Temporary Exemption of sales tax on clothing and footwear, and WHEREAS, the City feels it is in the best interest of the City merchants to have the City and the County in agreement on the sales tax election; now, therefore, Be It Enacted by the Common Council of the City of Ithaca as follows: SECTION 1. The Resolution of July 9, 2003, entitled Non-Election of Temporary Clothing/Footwear Sales Tax Exemption (2003-2004) and No Permanent Exemption Effective June 1, 2004- Resolution, and subdivision (i) of section 6 of the June 25, 1969, Resolution, as added by section one of such Resolution of July 9, 2003, are hereby repealed. SECTION 2. This resolution shall take effect on June 1, 2003. Discussion followed on the floor with City Controller Thayer answering questions from Council members regarding the affected time periods, and projected losses in sales tax revenue. He stated that New York State legal counsel has reviewed these resolutions for proper form. Alderperson Hershey voiced his opposition to the resolutions, as he does not believe the sales tax would negatively impact business and because the City needs the revenue as another difficult budget season is approaching. A vote on the Resolution resulted as follows: Ayes (6) Manos, Blumenthal, Peterson, Cogan, Sams, Pryor Nays (1) Hershey Carried July 17, 2003 2 RESOLUTION of the Common Council of the City of Ithaca, electing temporary exemptions 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. By Alderperson Manos: Seconded by Alderperson Sams Be it enacted by the Common Council of the City of Ithaca, as follows: SECTION 1. Section six of the Resolution enacted by the Common Council of the City of Ithaca on June 25, 1969, imposing sales and use taxes, as amended, is amended by adding a new subdivision (i) to read as follows: 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 during the periods commencing August 26, 2003, and ending September 1, 2003, and commencing January 26, 2004, and ending February 1, 2004, shall also be exempt during such periods from sales and compensating use taxes imposed by this resolution. SECTION 2. This resolution shall take effect June 1, 2003, and shall apply during the applicable exemption periods in accordance with the applicable transitional provisions of Article 29 of the New York Tax Law; provided that this resolution and subdivision (i) of section 6 of the Resolution enacted by the Common Council of the City of Ithaca on June 25, 1969, imposing sales and use taxes, as added by section one of this resolution, shall expire May 31, 2004, and be deemed repealed. Ayes (6) Manos, Blumenthal, Peterson, Cogan, Sams, Pryor Nays (1) Hershey Carried ADJOURNMENT: On a motion the meeting was adjourned at 5:15 p.m. ________________________ _______________________ Julie Conley Holcomb, CMC Patricia Pryor, City Clerk Acting Mayor