HomeMy WebLinkAbout11-19-15 Planning and Economic Development Committee Meeting AgendaPEDC Meeting
Planning and Economic Development Committee
Ithaca Common Council
DATE: November 19, 2015
TIME: 6pm
LOCATION: 3rd floor
City Hall Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Start
1)Call to Order/Agenda Review
2)Public Comment and Response from
Committee Members
3)Announcements, Updates, and Reports
4)Action items (Voting to Send on to Council)
a)Seneca Street Garage Murals
b)Annual Common Council Concurrence for
Lead Agency
5)Action Items (Approval to Circulate)
a)Taxi Legislation
b)Changes to Community Investment
Incentive Tax Abatement Program
6)Review and Approval of Minutes
a)October 2015 (sent separately)
7)Adjournment
No
No
No
Yes
Yes
Yes
Yes
Yes
Yes
Seph Murtagh, Chair
Megan Wilson, Planning Staff
Lisa Nicholas, Planning Staff
Julie Holcomb, City Clerk
Jennifer Kusznir, Planning Staff / Nels
Bohn, IURA
6:00
6:05
6:20
6:30
6:35
6:45
7:00
8:00
8:05
If you have a disability and require accommodations in order to fully participate, please contact the City Clerk at 274‐6570 by
12:00 noon on Wednesday, November 18th 2015.
TO: Planning & Economic Development Committee
FROM: Megan Wilson, Senior Planner
DATE: November 12, 2015
RE: Seneca Street Parking Garage Mural Project
Given the success of this past summer’s Dryden Road Parking Garage Mural Project, the City’s
Parking Division suggested that the Public Art Commission (PAC) seek murals for the interior of
the Seneca Street Parking Garage as well. Two facing walls on the top floor of the garage rose
to the top of the list as ideal locations for future murals. Like much of the garage, the top floor is
a rather stark environment and is also a prime location for graffiti. New murals would create a
brighter, more welcoming space for those parking on this top level. In addition, Parking
Division staff recently repainted these walls and are concerned that they will quickly become
locations for graffiti again.
At the same time, two of the artists selected for the Dryden Road project were unable to
complete their approved murals, and staff suggested that the remaining funding be used to begin
a mural project in the Seneca Street Parking Garage. In September 2015, the PAC issued a Call
for Art and received 14 submissions. After reviewing all of the submissions and gathering
public comment on the proposed murals, the PAC voted to recommend that Common Council
select “Ursa Major” by Margaret Reed and “Flock Together” by Justin Suarez to be installed on
the top floor of the Seneca Street Parking Garage. The installation would be completely funded
by the previously approved budget for the Dryden Road Garage Mural Project, and no additional
funding is needed.
Photos of the proposed locations as well as images of the recommended proposals are attached
for your review. Staff will attend the November 19th Planning & Economic Development
Committee to discuss the project. If you have any questions, please contact me at (607) 274-
6560 or mwilson@cityofithaca.org.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING, BUILDING, ZONING & ECONOMIC DEVELOPMENT
Division of Planning & Economic Development
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Planning & Economic Development Committee
Proposed Resolution
November 19, 2015
Resolution to Select Artwork for the Seneca Street Parking Garage
WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among
other duties, review and advise the Common Council on proposals for the exhibition and display
of public art in the City’s public spaces, and
WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls
within the city while providing local artists from all sections of the community an opportunity to
showcase their work, and
WHEREAS, the Board of Public Works approved several locations, including the Seneca Street
Parking Garage, for future murals and street art by resolution on May 19, 2010, and
WHEREAS, the City’s Parking Division has requested that the PAC seek murals for top floor of
the Seneca Street Parking Garage to enliven the garage while also deterring graffiti and reducing
ongoing maintenance costs, and
WHEREAS, the PAC issued a Call for Art for two walls on the top floor of the garage in
September 2015 and received 14 submissions for the project, and
WHEREAS, the PAC reviewed all of the submissions at its meetings on October 14, 2015 and
October 28, 2015 and voted to recommend that the Common Council select “Ursa Major” by
Margaret Reed and “Flock Together” by Justin Suarez to be installed on the facing walls of the
ninth floor of the Seneca Street Parking Garage, and
WHEREAS, the selected proposals have been distributed for public comment, and the responses
to both proposed murals has been overwhelmingly positive, and
WHEREAS, the project will be funded through the previously approved budget for the Dryden
Road Parking Garage Mural Project and no additional funding is needed for the installation of
the two murals; now, therefore, be it
RESOLVED, that the City of Ithaca Common Council selects “Ursa Major” by Margaret Reed
and “Flock Together” by Justin Suarez to be installed on the ninth floor of the Seneca Street
Parking Garage, and be it further
RESOLVED, that the selected artists may proceed with the installation of their murals at their
assigned locations within the Seneca Street Parking Garage upon the execution of an agreement
with the City (as reviewed by the City Attorney).
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To: Common Council
From: Lisa Nicholas, Senior Planner
Date: November 13, 2015
Re: 2016 Annual Council Concurrence that the Planning Board to be Lead Agency in Environmental Review for
Site Plan Review Projects for which the Common Council is an Involved Agency
In March 2015 the Common Council passed a resolution concurring that the Planning Board would be Lead
Agency in environmental review for site plan review projects for which the Common Council is an involved
agency. Examples of such projects include Chainworks District Project, the Marriot Hotel, the Hilton Canopy
and 210 Hancock Street. As per the adopted resolution, this arangement ends on December 31, 2015. Please
find enclosed a proposed resolution which is identical to the previously adopted resolution with the exception
of an expiration date of December 31, 2016.
As you will remember, the purpose of this arrangement is to make the environmental review process more
efficient while, at the same time, keeping Council informed of its potential role in the environmental review of
site plan projects. Environmental forms and project information would continue to be forwarded directly to
Council members without the need to coordinate with a monthly meeting schedule. This prevents the difficulty
of the 30‐day deadline to establish Lead Agency but preserves Council ability to not concur should that be the
preferred course of action for any future project. As an involved agency, Council would, if desired, provide
input to the Lead Agency. All comments from involved agencies are addressed during the review.
The Board has this arrangement with the Board of Zoning Appeals.
If you have any questions, please contact me at 274‐6557.
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
Planning and Economic Development Committee
November 19, 2015
Annual Common Council Concurrence that the City of Ithaca Planning and Development Board be Lead
Agency in Environmental Review for Site Plan Review Projects for which the Common Council is an
Involved Agency Resolution
WHEREAS: 6 NYCRR Part 617 of the State Environmental Quality Review Law and Chapter 176.6 of the
City Code, Environmental Quality Review, require that a lead agency be established for conducting
environmental review of projects in accordance with local and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental review, the lead agency
shall be that local agency which has primary responsibility for approving and funding or carrying out the
action, and
WHEREAS, State Law also specifies that when an agency proposes to directly undertake, fund or approve
a Type I Action or an Unlisted Action undergoing coordinated review with other involved agencies, it
must notify them that a lead agency must be agreed upon within 30 calendar days of the date that the
Environmental Assessment Form (EAF) or draft EIS was transmitted to them, and
WHEREAS, Projects submitted to the Planning Board for Site Plan Review and Approval, at times involve
approvals or funding from Common Council, making Council an involved agency in environmental
review, and
WHEREAS, in order to avoid delays in establishing a Lead Agency and to make the environmental review
process more efficient, it is desirous to have an agreement that the Planning Board will assume Lead
Agency status for such projects , and
WHEREAS, in accordance with the State Environmental Quality Review Law and the City of Ithaca
Environmental Quality Review Ordinance, involved agencies are provided with project information and
environmental forms for their review, as well as all environmental determinations; now, and
WHEREAS, on April 7, 2015 the Common Council did consent to the Planning & Development Board
acting as Lead Agency in environmental review for site plan review projects for which Common Council
has been identified as an Involved Agency through December 31, 2015, therefore be it
RESOLVED, That Common Council does hereby consent to the Planning & Development Board acting as
Lead Agency in environmental review for site plan review projects for which Common Council has been
identified as an Involved Agency through December 31, 2016; and, be it further
RESOLVED, That for any future project Common Council may withhold or withdraw its consent should it
so desire.
CITY OF ITHACA
108 East Green Street, Ithaca, New York 14850-6590
OFFICE OF THE CITY CLERK Telephone: 607-274-6570
Department of Public Information & Technology
Julie Conley Holcomb, City Clerk Fax: 607-274-6432
MEMORANDUM
To: Svante Myrick, Mayor
Common Council
Aaron Lavine, City Attorney
JoAnn Cornish, Director of Planning & Development
From: Julie Conley Holcomb, City Clerk
Date: November 13, 2015
Subj: Revisions to Chapter 232 of the City of Ithaca Municipal Code entitled “Licensing
of Businesses and Occupations”, Article VI entitled “Taxicabs”.
Upon review of the proposed “Vehicle for Hire” legislation presented to the Planning
and Economic Development Committee in October, 2015, the City Attorney has
recommended that the legislation be modified to only include amendments to the
taxicab rates as previously discussed in committee, along with the addition of language
that will bring the City into compliance with New York Correction Law regarding
conviction of criminal charges by taxicab drivers and taxicab driver applicants.
The issue of regulating taxicabs, liveries, and transportation network companies such as
Uber, is currently being discussed and considered by the Governor and the New York
State Legislature. Once clarifications to New York State law and a determination
regarding whether companies such as Uber will be regulated at the State or local level
have been made, I will bring this legislation back to committee for further review and
modification if needed.
If you have questions or would like further information regarding the City’s taxicab
legislation or these proposed amendments, please feel free to contact me at
jholcomb@cityofithaca.org, (607) 274-6570.
ORDINANCE NO. 2015-
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The following sections of Chapter 232 of the City of Ithaca Municipal Code
entitled “Licensing of Businesses and Occupations”, Article VI entitled “Taxicabs” are
hereby amended to read as follows:
§232-57. Taxicab Driver's license required; qualifications.
No person shall operate or drive a taxicab without having in force and effect a taxicab
driver's license in accordance with the provisions of this article. No person shall be
issued a taxicab driver's license unless such person:
A. Has a valid New York State chauffeur's license.
B. Is over the age of 18 years.
C. Is of sound mind and body, with good eyesight and not subject to any infirmity of
mind or body which renders the applicant incapable or unfit to safely operate a taxicab.
Each applicant shall produce a physician's medical certificate signed by a licensed
physician, physician's assistant, or nurse practitioner dated not more than 30 days prior
to the application certifying that the applicant is physically qualified to operate a motor
vehicle.
D. Is clean in dress and person and is not addicted to either intoxicating liquor or to the
use of drugs.
E. Meets the standards embodied in Article 23-A of the New York Correction Law if he
or she has previously been convicted of one or more criminal offenses. Shall not have
been convicted of a felony involving violence, dishonesty, deceit or indecency nor any
sexual offense.
F. Shall not have been convicted of driving with ability impaired or intoxicated due to
alcohol or drugs while operating a taxicab.
G. Shall not have been convicted of leaving the scene of an accident which resulted in
personal injury or death for five years from the date of the last conviction.
H. Shall not have been convicted, as a first offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs for five years from the date of
conviction.
I. Shall not have been convicted, as a second offense, for any violation of driving while
ability impaired or intoxicated due to alcohol or drugs.
§232-58. Application for taxicab driver's license; investigation and refusal.
A. Contents.
(1) Every applicant for a taxicab driver's license shall submit a signed and sworn
application upon such forms as shall be required by the Chief of Police, showing
compliance with the requirements hereinabove set forth and such other information as
shall be deemed necessary and reasonable by the Chief of Police in the interest of
safety, health and welfare. Such information that is required by the Chief of Police shall
include but not be limited to a statement giving:
(a) The full name and place of residence of the applicant.
(b) The applicant's date of birth, height, color of eyes and hair and place of birth.
(c) Whether or not the applicant is a citizen of the United States.
(d) Places of employment for the previous five years.
(e) Whether the applicant has ever been convicted of a felony or misdemeanor.
(f) Whether the applicant's driver's license has ever been suspended or revoked and, if
so, for what cause.
(g) The chauffeur's license number issued by the state.
(2) Submit a certification of physical examination to be signed by a licensed physician,
physician's assistant, or nurse practitioner.
(3) Such statement shall be signed and sworn to by the applicant and filed with the
Chief of Police.
B. False information; effect and action thereon. Any false statement by the applicant
for a taxicab driver's license shall be cause for refusing the license or revoking the
license after it is issued, and any such false statement shall be promptly reported by the
Chief of Police to the District Attorney.
C. Photographs of drivers. Each applicant for a taxicab driver's license must file with
his/her application two unmounted, unretouched, good-likeness photographs of the
applicant, full face size, two inches by two inches. The face portion shall not be less
than 1 3/4 inches high, with the balance in normal prospective proportion. The
photograph shall be taken within 30 days of the date of the application by means of a
permanent, nonfading process. The applicant shall be hatless in the photograph. A copy
of the photograph shall be filed with the application and another copy attached to the
license to be issued hereunder. If the applicant does not have the means to produce
such photograph, the Ithaca Police Department will make arrangements to have the
photograph taken.
D. Fingerprinting of drivers. The applicant shall submit to fingerprinting by the Police
Department and shall furnish a set of fingerprints have fingerprints taken every three
years. The criminal history report that is returned with the fingerprints shall be
submitted to the Ithaca Police Department as part of accompany the application. which
shall be kept on file as a permanent record.
E. Authorization for investigation. Accompanying each application, the applicant shall
furnish to the Chief of Police, on a form provided by the Chief of Police, a signed
authorization by the applicant permitting any person to divulge and report to the Chief of
Police any matter which might otherwise be confidential, without limitation except as
required by law.
F. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
G. Refusal of license. If the results of the investigation are unsatisfactory, in the
opinion of the Chief of Police, the applicant shall be refused a license, subject to the
provisions hereof for hearings.
§232-64. Taxicab licensing procedures.
A. Taxicab license application. Application for taxicab licenses shall be made by the
owner of each business on forms to be furnished by the Chief of Police. The completed
application shall contain:
(1) Owner information: the name, date of birth, address, telephone number and record
of all convictions of crime, if any, of:
(a) Owners.
(b) Managers having immediate charge of taxicabs.
(c) Beneficial holders of 25% or more of stock of corporate applicants.
(2) Prior license history of owner: whether the owner has been previously licensed to
operate a taxicab in the City or elsewhere and, if so, the particulars thereto.
(3) Vehicle information required for each operating taxicab: the make of the motor
vehicle, the year, the engine and body serial number, the state registration number, the
length of time and mileage that the vehicle has been driven and the seating capacity
according to its trade rating.
(4) Vehicle inspection: Proof of New York State inspection made within 30 days of the
license application shall be submitted by the applicant for each vehicle in operation. In
addition, the Chief of Police, or his/her designee, shall inspect said vehicles to ensure
that the interior and exterior of the each vehicle is maintained in a clean and sanitary
condition, and that the signage requirements of this article are complied with, and
reinspection of said each vehicle may be made from time to time by the Chief of Police
or his/her designee. Each vehicle shall be submitted to a New York State inspection
annually at least once every six months.
(5) Vehicle liability insurance: proof of liability insurance in the minimum amount of
$25,000 per person and $50,000 per accident for personal injuries, and $10,000 per
accident for property damage.
(5) Vehicle liability insurance: Proof of insurance in accordance with the minimum
amounts as specified by the City, which such minimum levels shall be updated from
time to time, and shall be available for review on the City's website and/or in person at
the Ithaca Police Department.
B. Vehicle type authorized. All taxicabs shall be of vehicle types approved by the New
York State Department of Motor Vehicles for use as a taxicab.
C. Investigation. After receipt of an application, the Chief of Police shall institute an
investigation of the applicant, including the applicant's driving record, and no license
shall be issued under the provisions of this article until the Chief of Police has indicated,
in writing, approval thereof after such investigation has been completed.
D. Issuance of license.
(1) Upon completion of the investigation aforesaid, the Chief of Police is authorized to
issue a taxicab license upon determining:
(a) That there are no false statements or concealed facts in the application.
(b) That all application requirements have been satisfied.
(c) That each and every applicant, as specified in subsection A(1) of this section, meets
the standards embodied in Article 23-A of the New York Correction Law if he or she has
previously been convicted of one or more criminal offenses.
(d) That there are no other grounds for refusal. In this regard, the license may be
refused for any reason which, in the opinion of the Chief of Police, may be detrimental
to the best interest of the general public both in welfare and safety, provided that, in the
making of such determination, the Chief of Police shall set forth specific reasons for
such disapproval. Such findings shall be subject to hearings as provided by this article.
(2) Such license shall be for a period of 12 months from the date of issuance, unless
sooner revoked.
E. Renewal of taxicab license. The same procedures shall be followed as for original
applications. Every person to whom an owner's license is issued shall have the right to
renew said license within 30 days of the expiration date, provided that the other
requirements of this article are complied with.
§232-68. Suspension or revocation of taxicab vehicle for hire business licenses.
A. Grounds. A taxicab license may be revoked or suspended at any time at the
discretion of the Chief of Police if the a vehicle is used for criminal business or purposes
or if the licensed owner is convicted of a violation of this article.
B. Surrender of taxicab license. Whenever any taxicab license is revoked, the same
shall be surrendered to the Chief of Police. If a taxicab license is suspended, the same
shall be surrendered to the Chief of Police and retained by him/her until the suspension
period expires.
C. Automatic revocation. In the event that any person to whom a taxicab license is
issued has such license suspended on three occasions, such owner's license shall be
revoked. [Deleted and reserved for future use.]
§232-70. Taxicab rates.
A. Taxicab zones and rates. The City of Ithaca is hereby divided into zones as
shown on a map and schedules entitled "Taxicab Zones and Rate Schedules,
City of Ithaca," which said map and schedules, appended herewith, are hereby
declared to be a part of this article.[1] Schedule A therein depicts the base zone
charges, for one passenger, for a trip between the designated zones. Schedule B
depicts the fuel cost recovery surcharge which may be added to the applicable
base zone charge, as set forth in Subsection B below.
A. The rate for taxicab fares that originate and terminate within the City of Ithaca
between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50.
The rate for taxicab fares that originate and terminate within the City of Ithaca
between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8.00.
B. Except as otherwise provided in Subsection C D below, the prices that may
be charged by the owners or drivers of taxicabs for the transportation of a
passenger within the City shall not exceed the cumulative, applicable amounts.
shown on said map and schedules, or, for additional passengers, as shown on
said schedules and as set forth in Subsection C below. At least once every three
years, during the month of April, the amounts shown on said map and schedules
shall be reviewed by Common Council to determine if the rate schedule in force
at the time remains appropriate.
Taxicab rates shall be reviewed annually by Common Council at the request of
the owners of licensed taxicab companies.
The following notice shall be conspicuously posted in full view of passengers:
"Rate maps and schedules for fares that originate in the City of Ithaca, together
with the full text of the city's rate law and a copy of the most recent applicable
fuel surcharge confirmation, are available upon request from the driver of this
taxicab, according to City ordinance."
B. C Rates for trips outside of the City of Ithaca. The taxicab rate for standard
fares that originate within the City but terminate outside of the City shall be as
follows:
East Hill Plaza $11.00
Cayuga Medical Center $11.00
Malls/Triphammer Area $12.00
Convenient Care $15.00
Ithaca College $11.00
Tompkins County Airport $17.50
TC3 $31.00
Trumansburg $30.00
Fuel cost recovery surcharge.
Effective October 1, 2006, a fuel cost recovery surcharge may be added to the base
zone charge for a taxicab passenger, subject to the following. This surcharge is
based on the following findings:
(a) The estimated average length of a taxicab trip is 6.8 miles;
(b) The estimated average gas mileage of a taxicab is 15 miles per gallon of fuel;
(c) Thus, the average taxicab trip uses .45 gallons of fuel;
(d)The incremental effect, on the cost of an average trip, of each ten-cent-per-gallon
increase in the cost of gasoline, since the last adjustment of the base zone rates, is
deemed to be an additional $0.05.
(2) Based on the foregoing, a chart setting forth the applicable fuel cost recovery
surcharge at each level of current gasoline prices is included in Schedule B of the
aforementioned Taxicab Zones and Rates Schedules.
(3) Using the chart in Schedule B, the amount of the applicable fuel surcharge shall
initially be determined as of October 1, 2006, and shall be determined and adjusted as
of January 1, April 1, July 1 and October 1 of each year thereafter.
(4) For the quarter commencing on each such effective date, the amount of the
surcharge shall be based upon the average, regular conventional retail gasoline price
per gallon in New York State, as reported by the U.S. Department of Energy, Energy
Information Administration (or its successor agency), for the date which is 10 days
before each of the effective dates set forth immediately above.
(5) The amount of the surcharge shall be confirmed, in writing, by the office of the
Controller of the City of Ithaca, at least five days before each of the effective dates set
forth above, which confirmation shall be made available by that time at City Hall and on
the City of Ithaca’s internet website.
(6) No taxicab owner or driver may charge or collect any fuel surcharge unless:
(a) The surcharge sought is the surcharge amount then in effect;
(b) The owner or driver has procured written confirmation by the office of the City
Controller of the surcharge currently in effect; and
(c) The owner or driver can display a copy of said confirmation to the passenger,
prior to collection of the fare.
C. D. Rate rules.
(1) Zone line rates. When the destination of the taxicab is the dividing line between
two zones, the fare for the lesser zone will be charged.
Children. One child five years of age or under shall ride free if accompanied by
an adult passenger. No driver shall be required to convey any child under the
age of five years unaccompanied by an adult.
Seniors. Passengers 65 years of age or older shall be granted a $1.50 discount.
of $1.15 in regulated fares.
Additional passengers. A taxicab driver may charge $01.50 fare for each
additional passenger of the same party and same destination.
Late night surcharges. A taxicab driver may charge an additional $0.50 per
passenger for each trip commencing or terminating between 8:00 p.m. and 5:00
a.m.
Baggage. No charge will be made for two suitcases, no larger than two feet by
two feet by six inches in size, and one travel bag for each passenger. A charge of
$1 for each oversized or additional piece of luggage under 25 pounds shall be
authorized. A charge of $5 for footlockers or luggage over 25 pounds shall be
authorized. Each passenger shall be allowed to carry up to five papers or 10
plastic grocery bags at no charge. A charge of $0.25 for each additional grocery
bag shall be authorized. A $3.00 surcharge will be charged for oversized
luggage and trunks that weigh 50 pounds or more.
Skis. A charge of $2.50 per pair of skis is authorized, provided that taxicab is
equipped with suitable racks.
Tip solicitation. No driver shall solicit tips, gratuities or any additional charges
other than those authorized by this article. However, non-solicited voluntary
tipping is permitted.
Out-of-own flat rates. If the taxicab is engaged for an out-of-town trip originating
or terminating in the City of Ithaca, the taxicab driver shall agree with the
passenger prior to the commencement of the trip for the rate to be charged,
which shall include all tolls required to be paid.
Prepayment. A taxicab driver shall have the right to demand payment of the legal
fare in advance and may refuse employment unless so prepaid.
Group rides. No taxicab driver shall carry any person other than the passenger
first employing the taxicab without consent of such passenger.
Exclusive rides. A passenger may request an exclusive ride through dispatch
when arranging for transportation. If a passenger is not willing to share a ride
with others, a $3.00 surcharge will be applied to the regular fare.
Waiting time. After a person has hired a taxicab, there shall be no charge for up
to five minutes during which the taxicab waits for the passenger at the
passenger's request. There shall be a charge of $2.50 for each additional five
minutes or any portion thereof. The taxicab driver shall inform the passenger of
the charge for waiting time at the time of request.
Disputed fares. In the event that there is a dispute between the taxicab driver and
a passenger with respect to a fare, the taxicab driver shall submit the dispute to
the desk officer in charge at police headquarters. If the passenger then makes
payment according to the amount determined by said police officer, the
passenger shall be given a receipt by the taxicab driver of the amount paid,
which shall be witnessed by the police officer. If the passenger pays under
protest, such fact shall be recorded by the desk officer, who shall make a
memorandum of the dispute and the disposition made. The disposition of the
dispute shall not be binding in a court.
Taxicab owners shall furnish each driver with a copy of the rate rules, supplied by
the City Clerk, and shall instruct their drivers to apply the rules fairly and
consistently, advising them that charges must not be exceeded under any
circumstances.
Fuel Surcharge. In the event of an energy/gasoline crisis or when gasoline
prices exceed $4.00 per gallon for a period of 30 days or longer, a fuel surcharge
may be implemented by Common Council. This surcharge will be added to the
base fare.
§232-72. Suspension, revocation or refusal to renew licenses; hearings.
A. Reasons. The Chief of Police may suspend, cancel or revoke a taxicab drivers or
taxicab license and may refuse to approve an application or a renewal thereof for any of
the following reasons:
(1) Violations: the applicant or licensee has not satisfied or has violated any of the
provisions of this article.
(2) Prior revocation or suspension: the applicant, any officer, director, stockholder or
partner or any other person directly or indirectly interested in the application for a
taxicab license was the former holder or was an officer, director, partner or stockholder
in a corporation or a partnership which was the former holder of a taxicab license which
had been revoked or suspended.
(3) Unfit applicant or licensee: the Chief of Police finds the applicant or licensee not fit
to be a licensee in the best interest of the public welfare and safety.
(4) If the vehicle is used for criminal business or purposes, the licensee is convicted
of a violation of this article, or the licensee is convicted of a criminal offense such that
he or she fails to meet the standards as embodied in Article 23-A of the New York
Correction Law.
(5) In the event that any licensee has such license suspended on three occasions,
the license shall be revoked automatically.
B. Surrender of license. Whenever a license is revoked, it shall be surrendered to the
Chief of Police. If a license is suspended, it shall be surrendered to the Chief of Police
and retained by him/her until the suspension period expires.
C. Hearing. Any taxicab driver or taxicab owner whose license has been suspended or
revoked or who has had a renewal refused or any individual to whom an initial license
has been refused shall be granted a hearing before the Community Police Board within
30 days after written request therefor has been made to the Chief of Police. At the
hearing, such person shall have an opportunity to rebut by evidence or testimony such
suspension, revocation or refusal. The Community Police Board is authorized to affirm,
reverse or modify in any respect the action of the Chief of Police.
Section 2. Severability. Severability is intended throughout and within the provisions of
this local law. If any section, subsection, sentence, clause, phrase or portion of this
local law is held to be invalid or unconstitutional by a court of competent jurisdiction,
then that decision shall not affect the validity of the remaining portion.
Section 3. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
To: Planning and Economic Development Committee
From: Jennifer Kusznir, Economic Development Planner
Date: October 26, 2015
RE: Proposed Amendments to City of Ithaca Community Investment Incentive Tax
Abatement Program (CIITAP)
The purpose of this memo is to provide information regarding a proposal to revise the City of
Ithaca Community Investment Incentive Tax Abatement Program (CIITAP). Enclosed is a draft
application for your review, as well as a comparison chart that explains the proposed changes to
the application.
On July 5, 2000, the Common Council unanimously requested that the Tompkins County
Industrial Development Agency (“IDA”) undertake a program to provide financial incentives for
development of multi-story buildings within a density target area encompassing the downtown
Central Business District, the West State Street corridor, the West End, and Inlet Island. That
program was established by the IDA in 2001 and remained in operation for five years. During this
period five projects received incentives and were constructed.
In 2006, the City endorsed the continuation of a modified IDA downtown incentive program to
assist only those projects that provided a minimal number of specified community benefits. The
program was rebranded as the Community Investment Incentive Program (CIIP), and adopted by
the IDA. Through the CIIP each project was evaluated against a lengthy list of 48 potential
community benefits first by the Common Council and then by the IDA. Projects providing at least
15 community benefits were eligible for partial assistance and projects that provided 23
community benefits were required to receive the full incentive. The CIIP program remained in
effect for six years, from 2006-2012. During that time only one project was awarded incentives.
In 2012, the Common Council adopted a simpler Community Investment Incentive Tax Abatement
Program (CIITAP) that only required that a project meet a minimum density requirement (three or
more stories, or major rehab), a location requirement (must be located in the density district, or be
a brownfield site), and a minimum size requirement (the project must increase the taxes on the
property by at least $500,000). In addition, in 2014 a municipal compliance requirement was
added. This requires that an applicant have no outstanding deficiencies, fines or delinquent taxes
on any properties that they or their partners own within the City. The CIITAP program has been
much more widely used than the previous program. In the three years since this program began
the City has received eight applications, five of which have received IDA approval, two are
pending, and one was denied.
Mayor Myrick praised the program for successfully incentivizing smart growth in the urban core,
but acknowledged that several broader community benefits were not being realized in each project.
To address this concern, the Mayor established a committee to develop a reform proposal to
CITY OF ITHACA
108 East Green Street — 3rd Floor Ithaca, New York 14850-5690
DEPARTMENT OF PLANNING AND DEVELOPMENT
JOANN CORNISH, DIRECTOR OF PLANNING & DEVELOPMENT
PHYLLISA A. DeSARNO, DEPUTY DIRECTOR FOR ECONOMIC DEVELOPMENT
Telephone: Planning & Development – 607-274-6550 Community Development/IURA – 607-274-6559
Email: dgrunder@cityofithaca.org Email: iura@cityofithaca.org
Fax: 607-274-6558 Fax: 607-274-6558
investigate if the CIITAP could provide stronger incentives to achieve additional community
benefits. The committee was given the following charge:
Deliver recommended reforms to the CIITAP to the Common Council by November 2015 that
would:
1.Retain the program as an effective tool to incentivize smart growth and discourage sprawl
2.Improve the program’s ability to deliver broad community benefits that may include:
An increased use of local labor
An increase in living wage job creation
More environmentally friendly building
Increased economic opportunities for people of all backgrounds
For the past three months, a working group Chaired by Alderperson Ellen McCollister and
consisting of City Planning and IURA staff, a member of Common Council, a representative from
TCAD, a representative from a local labor union, a developer, and a representative from the
Coalition for Sustainable Economic Development, have been reviewing the CIITAP.
At the first meeting there was consensus that the program is important in order to encourage
density in the City core and to acknowledge the higher construction costs associated with
downtown in-fill development. The group met five more times to discuss what other community
benefits the program could encourage developers to provide to the community. The group was
asked to consider living wages, local labor, sustainability, diversity, and affordable housing.
In order to encourage additional benefits to the community the working group amended the base
application criteria and are also proposing to amend the CIITAP in order to add an enhanced
abatement that would provide additional years of abatement in exchange for additional community
benefits. In the enclosed draft application there are three additional criteria beyond the four
existing criteria that have been included in the base abatement. There are also three additional
options for getting an extended abatement. Below is a brief description of how each of the
community benefits have been addressed:
Energy Standards and Sustainability
A minimum criteria for applying for a seven year abatement will be to:
Conduct an annual benchmarking of energy usage during the term of the abatement
by using the free online software, EPA Energy Star Portfolio Manager. This
tracking would show whether the building is using energy at the level designed.
Benchmarking report would be provided to the City and the IDA
The information would also be made available to the public
OR
Provide documentation that certifies that their construction will qualify for Base
LEED certification. The project will also need to provide documentation at the end
of construction that is has been stamped by a certified architect stating that the
building was constructed to the standards listed in the LEED certification checklist.
As an option, an applicant may choose to apply for an extended 12 year abatement by
meeting all 7 of the minimum criteria, showing financial need, and by pledging to construct
their project to use at least 20% less than the current New York State Energy Code
Requirements. For this option, the applicant will be required to use the free online
Department of Energy Building Energy Asset Score tool and submit the score to the City
with their application. Once the project is constructed, the applicant will be required to
submit an additional assessment that is signed by a licensed architect or engineer that states
that the building was constructed to these standards.
Diversity and Inclusion
The minimum criteria for applying for a seven year abatement will require the applicant to
submit the following, along with their completed application:
The “Company’s or the major tenant’s existing workforce demographics by gender,
race/ethnicity, age, disability, job class and gender, and job class and race/Hispanic
ethnicity; and
Acknowledgement they have read and understand the City’s Anti-Discrimination
employment ordinance; and
A statement of their company’s or the major tenant’s goals for workforce diversity.
Local Construction Labor
The minimum criteria for a seven year abatement will require the applicant to commit to
the City in writing that they will meet the minimum local labor requirements described
below, and will submit to the IDA the following information:
The Developer will be required to have the General Contractor solicit bids from
local sub-contractors and provide evidence that this has been done, either by
showing the bids or documentation showing that they declined to bid.
Monthly payroll reporting of all workers on site during construction with a
summary of how many employees are “local.” The reporting should include the
address, zip code, and total payroll amount per employee.
As an option, an applicant may choose to apply for an extended 12 year abatement by
meeting all seven of the minimum criteria, by showing financial need, and by committing
to have at least 40% of their construction labor force be residents of Tompkins County or
one of the adjacent six counties (Chemung, Tioga, Seneca, Cortland, Schuyler, or Cayuga
Counties.) The applicant will be required to submit monthly lists of all construction
workers on site with their address, zip code listed, and payroll amount per employee.
Living Wages
An applicant that is proposing the development of a hotel or some other single use
building may apply for an extended 12 year abatement by meeting all seven of the
minimum criteria, and by agreeing that for the entire term of the abatement, 100% of their
labor force and at least 25 employees, will be paid at least a living wage salary, as defined
by the most recently published Alternatives Federal Credit Union Living Wage Study.
The committee felt that affordable housing, while clearly needed in the City, is not something that
can be easily addressed through the CIITAP process. They are requesting that the City explore
other options, such as inclusionary and incentive zoning to help address the need for more
affordable housing.
If you have any concerns or questions regarding any of this information, please feel free to contact
me at 274-6410, jkusznir@cityofithaca.org.
Projects that were granted tax abatement through the City’s Density abatement programs:
CIITAP Program - 2012-2015
Approved - 5
Marriott Hotel
Harold's Square
Carey Building
Hilton Canopy Hotel
Tompkins Financial
Denied - 1
130 E. Clinton Street
In Process - 2
Campus Advantage
Hotel Ithaca (Former Holiday Inn)
CIIP Program - 2006-2012
Approved
Ital Thai Project
Applied - Never Completed
Hotel Ithaca (Jeffrey Rimland Project)
Downtown Density Program - 2001-2006
Gateway Plaza Offices
Seneca Place on the Commons
Cayuga Green Garage
Inlet Island Health
Gateway Commons Apartments
Cayuga Green II Apartments
9
I. Objective
In conjunction with the goals of the Tompkins County Comprehensive Plan, the objective
of CIITAP is to encourage development in the City that would increase jobs, increase the
tax base, promote density in the city core, encourage rehabilitation and redevelopment of
underutilized sites, and help create a vibrant downtown center. Additionally, the CIITAP
encourages development which can result in additional benefits to the community, such
as producing local labor and living wage employment opportunities, or assisting the
community with reaching sustainability goals or goals in diversifying employment and
ownership of companies investing in the City of Ithaca.
Specifically the goals, as stated in the Tompkins County Comprehensive Plan, are as
follows:
■ Strengthen and enhance the City of Ithaca’s downtown area as the urban
center of the county.
■ Increase the amount and density of housing and business space in the central
business districts throughout the county.
■ Promote greater density by encouraging development of existing ‘gaps’ left by
abandoned buildings and vacant parcels.
City of Ithaca
Community Investment Incentive Tax Abatement
Program (CIITAP) – Revised 11/17/15
The Community Investment Incentive Tax Abatement Program (CIITAP) is a property tax abatement program
that allows property owners to apply for abatement for a portion of their property taxes for a period of up to 7
years, by meeting a basic set of criteria or for a period of up to 12 years by providing additional specified
community benefits, as further defined herein under “Basic Eligibility Requirements (7 year abatement) and
“Enhanced Eligibility Requirements (12 year abatement)
The City of Ithaca is committed to creating a work environment and community that values and supports diversity and inclusion
and to developing laws, policies and procedures that are mindful and inclusive of our diverse community.
Formatted: Highlight
Formatted: Font: Bold, Italic
2
II. Density Boundary
This program is intended to apply to projects located within the City of Ithaca Density
District. The District is outlined on the map below.
III. Basic Eligibility Criteria (7 year Abatement)
Project sponsors applying for tax abatement(s) under the City of Ithaca Community
Investment Incentive Program must meet the following size, density, location,
municipal compliance, sustainability, local labor, and diversity and inclusion
requirements:
1.) Project Size Requirement ― In order to meet the minimum project size
requirement to be eligible for tax abatements under CIITAP, a project must
provide a letter from the Tompkins County Assessment Office that states that
the project will result in an estimated increase in the assessed value of the
property by at least $500,000.
2.) Project Density Requirement ― In order to meet the minimum density
requirement to be eligible for tax abatement under CIITAP, a project must
either:
Contain a minimum of 3 occupiable stories in
height.
3
or
Must be a major restoration of an existing
structure.
3.) Project Location Requirement ― In order to meet the location requirement to
be eligible for tax abatement under CIITAP, a project must either:
Be located in the City of Ithaca Density District
or
Be a redevelopment of a Brownfield site that is
registered as a DEC inactive hazardous waste site
(www.dec.ny.gov/cfmx/extapps/derexternal/index
.cfm?pageid=3)
4.) Municipal Compliance – Each property in the City of Ithaca owned by the
Applicant must be in full compliance with all applicable local laws and
regulations, consent agreements, and orders of the Director of Code Enforcement,
and current on all taxes, assessments, fees and penalties due to the City.
Properties owned by the Applicant in the City of Ithaca shall include any property
for which an Applicant, or their partners has an ownership interest of 20% or
more. Partners shall include any partners owning 20% or more of the project
LLC, Corporation, or project equity.
5.) Sustainability and Energy Requirement- ― In order to meet the
sustainability and energy requirement to be eligible for tax abatement under
CIITAP, a project must either:
Conduct an annual benchmarking of energy usage during the term of the
abatement by using the free online software, EPA Energy Star Portfolio
Manager. This tracking would show whether the building is using energy
at the level designed.
Benchmarking report would be provided to the City and the
IDA
The information would also be made available to the public
OR
Provide documentation that certifies that their construction will qualify for
Base LEED certification. The project will also need to provide
documentation at the end of construction that has been stamped by a
certified architect stating that the building was constructed to the standards
listed in the LEED certification checklist.
6.) Diversity and Inclusion- In order to meet the minimum diversity requirements
an applicant must submit to the City the following:
4
The “Company’s or the major tenant’s existing workforce demographics
by gender, race/ethnicity, age, disability, job class and gender, and job
class and race/Hispanic ethnicity; and
Acknowledgement they have read and understand the City’s Anti-
Discrimination employment ordinance; and
A statement of their company’s or the major tenant’s goals for workforce
diversity as defined in the Company’s Diversification Plan
7.) Local Construction Labor- Applicants are encouraged to hire locally wherever
possible. For the purposes of this application, local is defined as anyone residing
in Tompkins County, or any of the 6 contiguous counties of Cayuga, Seneca,
Schuyler, Chemung, Tioga, and Cortland Counties. In order to be eligible for a
tax abatement an applicant must commit to the City in writing that they will meet
the minimum local labor requirements described below, and will submit to the
IDA the following information:
The Developer must have the General Contractor solicit bids from local
sub-contractors and provide evidence that this has been done by providing
a bid list and documentation that an ‘invitation to bid’ has been sent to all
subcontractors on the list
Monthly payroll reporting of all workers on site during construction with a
summary of how many employees are “local.” The reporting should be in
the form of a “Certified Payroll”Please note that this is not a prevailing
wage rate job but simply using the reporting format for one as a means of
collecting this data.
Preliminary eligibility is determined by the City of Ithaca CIITAP Committee, which
consists of the Mayor, the Director of Planning and Development and the Director of
Community Development for the Ithaca Urban Renewal Agency. Preliminary
eligibility will be based on the applicant’s commitment to the above-stated criteria.
Once preliminary eligibility has been determined, the Mayor will provide a letter of
endorsement to the Tompkins County Industrial Development Agency (IDA). The
final eligibility will be determined by the IDA.(See Section IV for the complete
application process.)
IV. Enhanced Eligibility Criteria (12 year abatement)
Project sponsors applying for tax abatement(s) under the CITAP, may elect to apply
for enhanced 12 year abatement by meeting the minimum requirements in section III
of this application, by proving the project has financial need and by providing the
local community with one or more pre-established benefits listed below:
5
Option 1: Local Labor
The City of Ithaca acknowledges the importance of incorporating local labor
in projects wherever possible and practical. An applicant may apply for an
enhanced abatement, if they can show that 40% of their construction labor
force are from Tompkins County or one of the adjacent 6 counties(Chemung,
Tioga, Seneca, Cortland, Schuyler, or Cayuga Counties) **The CIITAP
policy will adopt the findings of the IDA regarding requirements for local
labor. If the IDA establishes a minimum local labor standard for all projects,
an applicant will not be eligible for an enhanced abatement by providing the
minimum requirements and the minimum requirements for an enhanced
abatement may be adjusted.
Option 2: Energy Standards and Sustainability
The City of Ithaca acknowledges the importance of encouraging sustainable
development with high energy standards. An applicant may apply for an
enhanced abatement, if the proposed development will be constructed to use at
least 20% less than the current New York State Energy Code Requirements.
o The applicant will be required to use the free online Department of
Energy Building Energy Asset Score tool and submit the score to the
City with their application. The U.S. Department of Energy’s
Building Energy Asset Score (Asset Score) is a national standardized
tool for assessing the physical and structural energy efficiency of
commercial and multifamily residential buildings. The Asset Score
generates a simple energy efficiency rating that enables comparison
among buildings, and identifies opportunities to invest in energy
efficiency upgrades. It is available for voluntary use and is 100% free
to use. http://energy.gov/eere/ buildings/ building energy-asset-score.
The building will need to receive a score of X out of 10. In addition,
the score must be certified by a third party a licensed engineer or
architect.
Option 3: Living Wages
The City of Ithaca acknowledges the importance of encouraging employers to
fairly compensate employees with a livable wage. An applicant that is
proposing the development of a hotel or some other single use building may
apply for an enhanced abatement by agreeing that for the entire term of the
abatement, 100% of their labor force or (?) at least 25 employees, will be paid
at least a living wage salary, as defined by the most recently published
Alternatives Federal Credit Union Living Wage Study.
V. Incentive Package
Property Tax Abatement ― The Basic CIITAP property tax abatement will begin at 90%
in year one and decrease in equal increments over seven (7) years. However, this
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minimum term may be adjusted in order to match with the IDA minimum abatement
period. Applicants may request a ten year property tax abatement that begins at 100% in
year one and decreases in equal increments over ten (10) years, if the applicant can
demonstrate financial need, as determined by a review by IDA administrative staff of the
project pro forma. In addition, an applicant can apply for an enhanced 12 year
abatement, that begins at 100% in year one and decreases in equal increments over
twelve (12) years, by showing that the project has financial need, meets all of the
minimum requirements listed in section III of this application, and also fulfils at least one
of the enhanced benefits listed in section IV of this application.
The abatement will only impact taxes on improvements to the property and not taxes on
the existing value.
Term
The basic abatement schedule has been established at 7 years. However, the minimum
term may be adjusted in order to align with the minimum abatement period that is
established by the Tompkins County Industrial Development Agency (IDA). The
maximum term will be determined by the value of the benefits offered to the Community,
however, the term shall not exceed 12 years.
The IDA retains the ability to offer more than the standard abatement package, based on
an analysis of the impact on the economy, the needs of the business, and input from the
City of Ithaca. The IDA may negotiate additional abatements based on financial need.
Sales Tax Abatement – The applicant will be exempt from both the local and State
portion of sales tax on construction materials, equipment, and furnishings associated
with the project.
Mortgage Recording Tax – The applicant will be exempt from the State portion of the
Mortgage Recording Tax ($2.50 per $1,000).
VI. Application Process
Tompkins County Area Development, Inc. (TCAD) provides administrative and
marketing services to the IDA. Potential applicants should contact the City Planning
Division to schedule a meeting with Planning staff and TCAD staff, to determine project
eligibility.
If the project appears eligible, TCAD will assist with completing the application for
assistance. It is strongly advised that potential applicants schedule the initial eligibility
determination meeting as early in the process as possible, in order to determine if the
dollar value of the proposed incentives exceeds the associated fees.
Based on the nature of the project and the incentives requested, the following will occur:
Eligibility Determination Meeting ― A developer seeking a tax abatement under
this program must first have a joint meeting with staff from TCAD and the City
Planning Division.
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CIITAP Application ― A developer must submit a completed CIITAP
application to the City of Ithaca Planning Division. The application will be
reviewed for completeness and will be submitted to the Mayor for consideration.
Public Information Session ― The City will schedule a Public Information
Session, at which the developer will be responsible for presenting information
about the project and answering questions from the public. The City will
advertise the public information session with a press release to the local media.
The developer is responsible for posting the property at least 5 days prior to the
Public Information Session, with the date, time, and location of the meeting.
City Approval ― A City CIITAP Review Committee, consisting of the Mayor,
the Director of Planning and Economic Development, and the Director of
Community Development for the IURA, will consider project approval, based on
the stated criteria of density, size, location, and municipal compliance. If the
criteria are satisfied, the CIITAP Review Committee will forward the completed
application, along with a letter of approval to the IDA.
IDA Application ― A developer will submit a standard IDA application to the
IDA for consideration, in addition to the CIITAP application and Mayor’s
approval letter. The IDA will make an independent determination of the project.
Public Hearing ― Following an initial review, the IDA will, if favorably disposed
toward a project, schedule a public hearing on the proposed incentive package.
Standard IDA policies apply with regards to public hearing notification and other
requirements.
IDA Determination ― Following a public hearing, the IDA will make a
conditioned determination on the project. No final decision may be reached by
the IDA until SEQR requirements have been met by the developer.
Notification and Reporting ― The IDA will notify the City of Ithaca and
appropriate taxing jurisdictions once a project is approved. The IDA may
diminish or rescind incentives should the project materially change. IDA
agreements generally have clawback requirements.
Applications under this policy may not be accepted after December 31, 2017,
unless the IDA and City of Ithaca vote to extend the policy beyond that date.
Refer to the Tompkins County Industrial Development Agency’s Mission, Policies,
and Procedures for additional information.
VII. Application Fees
The applicant is responsible for payment of the following fees associated with the
CIITAP process:
1. City Administrative Fees –The applicant will be responsible for paying the City a
flat fee of $750 (seven hundred and fifty dollars) in order to cover the cost of
processing the CIITAP application and the public meeting notifications. This fee is
due to the City at the time that the application is submitted.
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2. IDA Administrative Fees ― The applicant is responsible for paying the IDA
Administrative Fee at the time of closing. This fee will be equal to 1% of the total
value of expenses that are positively impacted by IDA incentives. This includes the
value of construction of improvements to property that is impacted by property and
sales tax abatement, and the value of furniture, fixtures, and equipment that are
impacted by sales tax abatement. It will not include any purchases, such as
manufacturing equipment, where the IDA does not deliver an incentive. Soft costs
(e.g., legal, consulting, financial, architectural, and engineering fees) will be
included in the amount considered as total value of expenses. In an attempt to make
its incentive program cost-effective for smaller projects, the IDA will reimburse the
applicant 100% of the Administrative Fee, IDA Counsel Fee, and IDA Bond
Counsel Fee associated with the IDA involvement in the project, if the total project
cost is less than $1 million. For a total project cost greater than $1 million, but less
than $2 million, the reimbursement of fees will be reimbursed on a sliding scale that
declines from 100% to 0% gradually, based on project size. There will be no
reimbursement of fees for projects with costs over $2 million. The reimbursement
will take the form of additional property tax abatement credited to the business in
the initial years of the Payment-in-Lieu-of-Taxes (PILOT) agreement. The IDA
retains the right to determine the credit the applicant will receive. For projects
where there is no property tax abatement, there will not be any form of fee
reimbursement.
3. IDA Counsel Fees ― The applicant is also responsible for paying the IDA for all
legal costs it incurs, including IDA Counsel and Bond Counsel fees.
4. Applicant Attorney Fees ― The applicant is responsible for its own attorney fees
associated with closing IDA incentives.
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VIII. Tax Abatement Application
CIITAP Application for Tax Abatement
The City of Ithaca Community Investment Incentive Program provides incentives for
investment in the City. The incentives include property tax reductions and/or
abatements for a period of up to 7 years. Applicants and projects must meet the
minimum eligibility requirements (see application, Part II) in order to apply for the
program.
Part 1. – Applicant Information
Application Date:____/____/_____
Company/Applicant Name:________________________________________________
Primary Contact:________________________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
Applicant Attorney:______________________________________________________
Attorney Address:_________________City:__________State:______Zip:__________
Attorney Phone:___________________Email:_________________________________
Applicant Accountant:____________________________________________________
Accountant Address:________________City:__________State:_____Zip:_________
Accountant Phone:_________________Email:________________________________
Applicant Engineer/Architect:______________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
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Will a separate company hold title to/own property in question that is separate from
the operating company? If yes, please provide the name and contact information
for that entity.
Company Name:________________________________________________
Primary Contact:________________________________________________________
Address:_________________________City:__________State:______Zip:__________
Phone:___________________________Email:_________________________________
Describe the terms and conditions of the lease between the applicant and the owner
of the property:__________________________________________________________
________________________________________________________________________
Part 2. – Business History
Year Company was Founded:______
Type of Ownership (e.g., corporation, LLC, sole proprietor, etc.):_______________
Product or Service:___________________________________________________
____________________________________________________________________
Major Customers:_____________________________________________________
_____________________________________________________________________
Major Suppliers:______________________________________________________
_____________________________________________________________________
Major Local Competitors:_______________________________________________
______________________________________________________________________
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Part 3. – Project Description
Project Narrative:________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Project Location:________________________________________________________
Property Size (acres) – both existing & proposed:_____________________________
Building Size (square feet) – both existing & proposed:_________________________
Proposed Project Start & Completion Dates:_________________________________
Do you certify that this project will not result in the relocation of all or part of any
business or jobs from another county within New York State to Tompkins County?
______Yes ______No
List the names, nature of business of proposed tenants, and percentage of total
square footage to be used for each tenant (additional sheets may be attached, if
necessary):______________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
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Part 4. – Project Costs
Value of Land to Be Acquired (if any):_______________________________________
Value of Buildings to Be Acquired (if any):___________________________________
Cost of New Construction:___________________% subject to local sales tax_______
Value of Improvements:_____________________% subject to local sales tax_______
Value of Equipment to Be Acquired:__________% subject to local sales tax_______
Other:____________________________________% subject to local sales tax_______
Total:____________________
Part 5. – Criteria
Will the proposed project result in an increase to the tax roll value of new real
property by at least $500,000? ________
Does this project contain at least three occupiable stories? __________________
Proposed Height (in stories and feet):___________________
Does the project include a rehab of an existing structure? ____________
Is the project located in the City of Ithaca Density District? __________
Does the project contain the redevelopment of a Brownfield site? _________
Does the project applicant, or any of the partners owning at least 20% of the project
equity, the project LLC, or the project corporation, currently own any properties
located within the City of Ithaca that are delinquent on taxes, assessments, fees or
penalties due to the City or that have one or more violations of local laws or
regulations? ____________________________________________________________
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IX. Certification___________________________________________________
_______________________________________________________deposes that he/she is the _______________
(name of chief executive officer of company submitting application) (title)
of ___________________ , the corporation named in the attached application; that he/she has
(company name)
read the foregoing application and knows the contents thereof; that the same is true to
his/her knowledge. Deponent further says that the reason this verification is made by the
deponent and not by ____________________________ is because the said company is a corporation.
(company name)
The grounds of deponent’s belief relative to all matters in the said application, which are
not stated upon his own personal knowledge, are investigations which deponent has
caused to be made concerning the subject matter of this application, as well as
information acquired by deponent in the course of his duties as an officer of and from the
books and papers of said corporation.
As an officer of said corporation (hereinafter referred to as the “Applicant”), deponent
acknowledges and agrees that applicant shall be and is responsible for all costs incurred
by the non-profit Tompkins County Industrial Development Agency (hereinafter referred
to as the “Agency”) acting on behalf of the attached application, whether or not the
application, the project it describes, the attendant negotiations, and ultimately the
necessary issue of bonds or transfer of title are ever carried to successful conclusion. If,
for any reason whatsoever, the Applicant fails to conclude or consummate necessary
negotiations or fails to act within a reasonable or specified period of time to take
reasonable, proper, or requested action, or withdraws, abandons, cancels, or neglects the
application, or if the Agency or Applicant are unable to find buyers willing to purchase
the total bond issue required or financing for the project, then, upon presentation of
invoice, the Applicant shall pay to the Agency, its agents, or assigns all actual costs
involved in conduct of the application, up to that date and time, including but not limited
to fees of bond counsel for the Agency and fees of general counsel for the Agency. Upon
successful conclusion and sale of the required bond issue or transfer of title, the
Applicant shall pay to the Agency an administrative fee set by the Agency, not to exceed
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an amount equal to 1% of the total project cost. The cost incurred by the Agency and
paid by the Applicant, including bond counsel, the Agency’s general counsel’s fees and
the Agency’s administrative fees, may be considered as a cost of the project and included
as part of the resultant bond issue.
___________________________________________________
(signature of chief officer of company submitting application)
NOTARY
Sworn to before me this
_______ day of ______________, 20______
____________________________________
X. Completion Status (to be completed by staff)
ELIGIBILITY CRITERIA:
Size: ________________
Density: ________________
Location: ________________
Additional Documentation Submitted: _____________
Staff Review Date:______________
Mayor’s Endorsement Date:_____________
COMPARISON OF EXISTING VS. PROPOSED
COMMUNITY INVESTMENT INCENTIVE TAX ABATEMENT PROGRAM
Current CIITAP Incentive Package
Eligibility Criteria Standard Financial Need Enhanced Benefits
Tax abatement period on new value: 7 years Additional 3 years Not Available
Requirements: Requirements: Requirements:
Location in density district or brownfield YES YES NA
Minimum 3‐story project or rehab. of historic
property
YES YES NA
Increase tax base by at least $500,000 YES YES NA
Municipal compliance YES YES NA
Demonstrate financial need NO YES NA
Environmental Sustainability
Local Construction Labor NO NO NA
Diversity and Inclusion NO NO NA
Living Wage NO NO NA
Proposed CIITAP Incentive package
Eligibility Criteria Standard Financial Need Enhanced Benefits
Deliver One Enhanced
Community Benefit
Tax abatement period on new value: 7 years Additional 3 years Additional 2 years
Requirements: Requirements: Requirements:
Location in density district or brownfield YES YES NA
Minimum 3‐story project or rehab. of historic
property
YES YES NA
Increase tax base by at least $500,000 YES YES NA
Municipal compliance YES YES NA
Demonstrate financial need NO YES NA
Enhanced Community Benefits
Environmental Sustainability:
Annual Energy performance benchmarking
or certified as LEED‐eligible design
YES YES YES
Exceed NYS Energy Code performance by at
least 20%
NO NO YES
Local Construction Labor:
Disclose “local” labor participation rate YES YES YES
Solicit bids from ”local” subcontractors YES YES YES
Hire at least 40% “local” labor NO NO YES
Diversity and Inclusion:
Submit workforce diversity demographics YES YES Not Available
Submit goals for workforce diversity YES YES Not Available
Acknowledge City’s anti‐discrimination
employment ordinance
YES YES Not Available
Living Wage:
Pay living wage to 100% of on‐site
employees of hotel or other predominantly
single‐use building (at least 25 employees)
NO NO YES
https://mail.cityofithaca.org/...9YLOAAAA0ODLAAAlOc3hMtDbR73E61vH9YLOAAButpdsAAAJ&pspid=_1447430457727_767205726[11/13/2015 1:35:02 PM]
From: Schelley Michell-Nunn
Sent: Monday, November 09, 2015 2:22 PM
To: Jennifer Kusznir; JoAnn Cornish
Subject: RE: Diversity Requirements for CIITAP
Thank you.
I know you put a lot of good work into doing this. Here is my initial reaction, if I may be honest, I don't believe this
will satisfy anyone looking for a commitment to diversity and inclusion. In the objective, the use of the word
'encourages' translates to a nice to have, but you not really necessary. If you can't mandate there should at least be
a preference given if certain things are in place.
I see that later that under basic eligibility requirement there is an expectation to provide this information on
demographics, but what happens if the organization is all white males? They would have provided you the
demographics, read the statement and possibly pulled together a written plan, they would meet the basic
requirements according to this document. Is this really the intent? The plus is that it is in the document, but some
will say it has no teeth, so be prepared. You might want to consider adding a diversity option to the enhanced
eligibility section that has more teeth, i.e. evidence of a history of improving/increasing diversity and inclusion in
the organization. Just a thought. Schelley
Schelley Michell-Nunn
Director of Human Resources
City of Ithaca
108 E. Green Street
Ithaca, NY 14850
(607) 274-6539
(607) 274-6574 (fax)