HomeMy WebLinkAboutMN-CA-2015-02-18CITY ADMINISTRATION COMMITTEE
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. February 18, 2015
PRESENT:
Alderperson Mohlenhoff – Chair
Alderpersons (4): Clairborne, Fleming, McGonigal, Smith
Mayor (1): Myrick
OTHERS PRESENT:
Alderpersons (3): Brock, Kerslick, Murtagh
Chief of Staff – Sutherland
City Attorney – Lavine
Director of Engineering – West
Bridge Systems Engineer – Gebre
City Chamberlain – Parsons
Youth Bureau Director – Vance
Acting Deputy YB Director – Green
HR Director – Michell-Nunn
Controller – Thayer
Deputy Controller – Andrew
Program Mgr – Hydrilla Task Force – James Balyszak
District Mgr, TC Soil/Wtr Conservation District – Jon Negley
1. Call to Order
1.1 Agenda Review. None.
1.2 Review/Approval of Minutes: Alderperson Smith made a motion to approve the minutes from the
January 21, 2015 meeting of the City Administration Committee. Seconded by Alderperson McGonigal.
Motion carried unanimously.
1.3 Statements from the Public
The following people spoke in support of the Cascadilla Boat Club (CBC) License resolution; about the
impact the club has had on them, or their family, while members of CBC and they encouraged Common
Council to renew the CBC license:
Lilly Westbrook, Ithaca Resident;
Christopher Glaubitz, Ithaca Resident;
Isabella Leonard, Ithaca Resident;
Emily Rockett, Horseheads Resident;
Crista Shopis, Ithaca Resident;
Marty VenDerhelde, Trumansburg Resident;
Elizabeth Ellis, Ithaca Resident;
Ryan McCune, Ithaca Resident;
Scott Wiggins, Chair of the Friends of the Park;
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John Guckenheimer, Ithaca Resident;
Gracen Glanbitz, Ithaca; Resident
Pam Hanna, Lansing Resident;
Caleb, Gomas, Ithaca Resident;
Kevin Brew, Ithaca Business Owner;
Michael Brew, Cornell Student;
Cd Decature, Ithaca Resident;
Dan Robinson, Head Rowing Coach at Ithaca College;
Lori, Sonken of Ithaca spoke about the Cascadilla Boat Club license.
Marc Messing of Ithaca supports the City renewing the license for CBC. Mr. Messing talked about the
dangers involved when not following the rowing safety rules and submitted proposed amendments to the
CBC License resolution.
Members of the community submitted statements in support of the CBC. The statements, which were
read/summarized by Chairperson Mohlenhoff, were from:
Scott Wiggins, Friends of Stewart Park Chair, and Rick Manning, Friends of Stewart Park
Executive Director;
Deborah Homsher, Ithaca Resident;
Mark Lawson, Town of Ithaca Resident;
Judith Meyers Thomas, Ithaca Resident;
Patti Meyers, Ithaca Resident
1.4 Statements from Employees. None.
1.5 Council Response
Mayor Myrick gave some background information on the negotiations between the City and the CBC.
Mr. Myrick asked City Attorney Lavine to look into the legalities and the cost of selling the land, leasing
the land to a private entity or staffing it with City employees.
City Attorney Lavine gave an overview of the Cascadilla Boathouse Proposed License and his role in
the process as well as reviewed his letter that was included in the agenda packet.
Alderperson Fleming thanked the City Attorney for his analysis of the proposed lease and thanked the
public for attending the meeting to express their thoughts about the CBC Proposed License resolution.
Alderperson McGonigal asked about the renting of space at the boathouse to CBC members. City
Attorney Lavine confirmed that the CBC does rent space to its members and that the current agreement
permits them to do so, on a first come first serve basis. Kevin Brew explained the process for renting
storage spaces.
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City Attorney Lavine responded to Alderperson Clairborne question on why the building was in
disrepair. Mr. Brew explained that the CBC wants to renovate the building but was unable to do so
because they did not own it.
Alderperson Brock thanked everyone for coming to and speaking out at the meeting on the CBC
Proposed License resolution. Ms. Brock distributed, and read, a letter to Common Council that
expressed her concerns about the development of a Strategic Plan for Stewart Park and the “lack of City
oversight of safety protocols and youth programs run by the Cascadilla Boat Club, and by extension the
independent and exclusive use of the Stewart Park Boathouse by the Cascadilla Boat Club”. Ms. Brock
asked the Committee to make sure that the City meets the NYS regulations/laws before entering into this
agreement.
After discussion, Chairperson Mohlenhoff made a list of items from Common Council for the CBC;
which included:
Outreach – reach out to youths and diverse community groups;
Diversity initiative;
Oversight of safety protocols;
Use of facilities by non-members;
Relationship CBC has with local schools and the Ithaca Youth Bureau;
Pay for use of City facilities;
Include a payment and fee schedule in the license.
Chairperson Mohlenhoff stated that the CBC License resolution will be on the April agenda of the City
Administration Committee to allow time for feedback from the Parks Commission, the Board of Public
Works, Common Council and staff. Any suggested changes to the resolution should be forwarded to
Ms. Mohlenhoff.
2. City Administration, Human Resources, and Policy
2.1 Declaration of Freedom from Domestic Violence as a Human Right
Moved by Alderperson Fleming. Seconded by Alderperson Smith.
WHEREAS, the Ithaca Common Council seeks to enhance the public welfare by declaring that freedom
from domestic violence is a fundamental human right, and
WHEREAS, domestic violence or intimate partner violence is the physical, sexual, or emotional abuse
of men, women, and children by their intimate partners or immediate family members, and
WHEREAS, domestic violence is a human rights concern that affects individuals of every gender,
sexual orientation, race, age, nationality, religion, and economic status, and
WHEREAS, survivors of domestic violence must deal with the effects of physical injuries, long-term
psychological damage, financial instability, and trouble finding safe housing, and
WHEREAS, domestic violence has a deeply negative impact on children who are exposed to it, and
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WHEREAS, more than 1 in 3 women and more than 1 in 4 men in the United States will experience
rape, physical violence, and/or stalking by an intimate partner during their lifetimes, according to the
Centers for Disease Control and Prevention, and
WHEREAS, 87 women and men in New York State died as a result of intimate partner homicide in
2013, and
WHEREAS, in 2013, law enforcement agencies in New York State outside of New York City responded
to 189,152 domestic violence incidents and reported 31,106 assaults committed by intimate partners,
80% of which were committed against women, and
WHEREAS, New York State courts issued 300,236 orders of protection in 2013, nearly 210,000 of
which were required to be recorded in the Unified Court System’s Domestic Violence Registry, and
WHEREAS, in Tompkins County, law enforcement agencies reported an average of 147 victims of
domestic violence offences per year between 2010 and 2013, and
WHEREAS, in 2013, the Advocacy Center of Tompkins County answered 2,055 calls on its domestic
violence and sexual assault hotline and served 212 new adult domestic violence clients, including
providing shelter for 37 adults and their 25 children and helping 72 individuals obtain final orders of
protection from the courts, and
WHEREAS, the United Nations has recognized that freedom from domestic violence is a human right
affecting the realization of many other rights and freedoms and that governments have a responsibility to
prevent and respond to such violence, and
WHEREAS, the United Nations Special Rapporteur on Violence Against Women has stated that
domestic violence is a “pervasive human rights violation;” that responses to violence should recognize
human rights as a premise; and that the United States’ “lack of substantive protective legislation at
federal and state levels, and the inadequate implementation of some laws, policies and programmes, has
resulted in the continued prevalence of violence against women and the discriminatory treatment of
victims, with a particularly detrimental impact on poor, minority and immigrant women”, and
WHEREAS, in 2011, the Inter-American Commission on Human Rights found in Jessica Lenahan
(Gonzales) v. United States that the United States’ failure to protect women from gender-based violence
constitutes discrimination and a human rights violation and urged the United States to enact law and
policy reforms at all levels to protect survivors of domestic violence and their children; and
WHEREAS, law enforcement, courts, cities, counties, towns, villages, social service agencies, and other
local government entities constitute the first line of defense against domestic violence, and
WHEREAS, over the past 25 years, Tompkins County has been a leader in domestic violence response
by introducing a number of initiatives, including the establishment of an Integrated Domestic Violence
Court, and
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WHEREAS, by recognizing that freedom from domestic violence is a human right, the City of Ithaca
will raise awareness and enhance domestic violence response and education in communities, the public
and private sectors, and within government departments; now, therefore be it
RESOLVED, That Common Council hereby approves the following:
1. That the City of Ithaca joins world leaders and leaders in the United States in recognition of
domestic violence as a human rights concern and declares that freedom from domestic violence
is a fundamental human right;
2. That state and local governments should continue to secure this human right on behalf of their
citizens;
3. That this resolution shall serve as a charge to all City of Ithaca departments and offices to
incorporate these principles into their policies and practices and to ensure that those policies and
practices are informed by domestic violence survivors’ voices and needs;
4. That the City of Ithaca shall consider undertaking, together with community partners, a study of
the causes of local domestic violence incidents and of the gaps and barriers in the City’s service
delivery to survivors of domestic violence, with the goals of preventing domestic violence,
strengthening the City’s response to domestic violence, and improving the provision of services
to survivors; and
5. That a copy of this resolution shall be sent to Chief of Police John R. Barber, the Village Mayors
and Town Supervisors in Tompkins County, the Honorable Chairs and Members of the
Tompkins County Council of Governments, the Tompkins County Office of Human Rights, the
Tompkins County Sheriff, the Police Chiefs for the Villages of Cayuga Heights, Dryden, Groton,
and Trumansburg, the Cornell University Police Chief, the Ithaca College Public Safety Director,
the Tompkins Cortland Community College Campus Safety Director, the New York State Police
Troop C Station Commander, the Tompkins County District Attorney, the judges in Tompkins
County, Governor Andrew Cuomo, Assembly Speaker Carl E. Heastie, Assemblywoman
Barbara Lifton, Senate Majority Coalition Leaders Dean Skelos and Jeff Klein, and Senator
Thomas O’Mara.
A vote on the resolution resulted as follows:
Passed unanimously.
2.2 Attorney - Request to Change Retirement Tier for PBA Member
Moved by Alderperson McGonigal. Seconded by Alderperson Clairborne.
WHEREAS, Christopher Cady (“Officer Cady”) has been employed by the City of Ithaca (“City”)
Police Department as a police officer since December 4, 2013; and
WHEREAS, when Officer Cady joined the City of Ithaca Police Department, he unintentionally and in
error enrolled in the twenty (20) year Section 384-d retirement plan in the Police and Fire Retirement
System (“PFRS”) as a Tier 6 member; and
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WHEREAS, Officer Cady was eligible for and could have enrolled in the twenty-five (25) year Section
384 retirement plan in the PFRS offered by the City as a Tier 3 member based upon his prior service
time in the Employees Retirement System, which time he can transfer to the PFRS; and
WHEREAS, Officer Cady wishes to join the Section 384 Plan, but can do so only if the State of New
York enacts special legislation after issuance of a home rule request by the City; and
WHEREAS, the Retirement System has estimated that the fiscal implications of this home rule request
and plan change will result in no past service cost contribution and no fiscal impact to the City, and the
Retirement System will provide a formal fiscal note once the enabling legislation has been drafted; and
WHEREAS, the Common Council believes that it would be in the best interests of the City and Officer
Cady to request that the New York State Legislature adopt such home rule legislation; now therefore be
it
RESOLVED, That the Mayor is authorized to request that the New York State Assembly and New York
State Senate enact legislation to allow Officer Cady to change his enrollment in the PFRS from a Tier 6
member in the Section 384-d Plan, to a Tier 3 member in the Section 384 Plan; and be it further
RESOLVED, That the Mayor or his designee is authorized to sign and submit any documentation or
related paperwork that may be required to secure this home rule legislation and allow Officer Cady to
change to the Section 384 plan; and be it further
RESOLVED, That notwithstanding anything in this resolution to the contrary, the Mayor shall bring this
matter back to Common Council for further review and approval if the formal fiscal note provided by
the Retirement System after the legislation is drafted imposes any costs on the City, unless Officer Cady
agrees to reimburse the City for all such costs.
A vote on the resolution resulted as follows:
Passed unanimously.
3. Finance, Budget and Appropriations
3.1 DPW - Authorization of Additional Funding for Ithaca Skate Park Expansion, Capital Project #732
Moved by Alderperson Clairborne. Seconded by Alderperson McGonigal.
WHEREAS, Common Council has established Capital Project 732 for the purpose of modifying the
skate park at Wood Street Park, and
WHEREAS, the Ithaca community of skaters and bikers has fulfilled its commitment to provide
resources to fund the modifications to the skate park at Wood Street Park by raising approximately
$216,000, and
WHEREAS, community stake holders, professional design consultants and City staff have successfully
collaborated to develop an economical and contemporary expansion of the existing skate park, and
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WHEREAS, bids were received for the expansion of the skate park at Wood Street Park on January 20,
2015, and
WHEREAS, award of contract to the lowest qualified bidder will require an additional $61,000; now, be
it
RESOLVED, That the Common Council authorizes an addition of an amount not to exceed $61,000 to
Capital Project 732, giving a total project authorization of $245,000, and be it further
RESOLVED, That the funds necessary for said amendment shall be derived from the issuance of Serial
Bonds.
WHEREAS, Common Council has established Capital Project 732 for the purpose of modifying the
skate park at Wood Street Park, and
WHEREAS, the Ithaca community of skaters and bikers has fulfilled its commitment to provide
resources to fund the modifications to the skate park at Wood Street Park by raising approximately
$216,000, and
WHEREAS, community stake holders, professional design consultants and City staff have successfully
collaborated to develop an economical and contemporary expansion of the existing skate park, and
WHEREAS, bids were received for the expansion of the skate park at Wood Street Park on January 20,
2015, and
WHEREAS, award of contract to the lowest qualified bidder will require an additional $61,000; now, be
it
RESOLVED, That the Common Council authorizes an addition of an amount not to exceed $61,000 to
Capital Project 732, giving a total project authorization of $245,000, and be it further
RESOLVED, That the funds necessary for said amendment shall be derived from the issuance of Serial
Bonds.
A vote on the resolution resulted as follows:
Passed unanimously.
3.2 DPW - Stewart Avenue Bridge Painting Project
Moved by Alderperson Fleming. Seconded by Alderperson Smith.
WHEREAS, a project for the rehabilitation of the Stewart Avenue Bridge over Cascadilla Creek, P.I.N.
375594 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal
Highway Administration (FHWA), as amended, that calls for the apportionment of the costs such
program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds, and
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WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the
non-Federal share of the costs of Scoping, Preliminary Design and Detailed Design, and
WHEREAS, the Board of Public Works resolved at the January 12, 2015, meeting to recommend that
Common Council establish Capital Project and authorize the City of Ithaca to pay in the first instance
100% of the Federal and Non-Federal share of the costs of Scoping, Preliminary Design and Detailed
Design for the Project or portions therefore;
WHEREAS, this project constitutes a reconstruction of facility in-kind on the same site as well as
maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II
action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6
NYCRR Part 617 requiring no environmental review; now therefore, the Common Council, duly
convened does hereby
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance
100% of the Federal and non-Federal share of the cost of Scoping, Preliminary Design and Detailed
Design thereof, and be it further
RESOLVED, That the sum of $80,000 is hereby appropriated from Capital Project #818 and made
available to cover the cost of participation in the above phases of the project, and be it further
RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with
the City’s estimated share of the project at 5% or $4,000, and be it further
RESOLVED, That in the event the full Federal and non-Federal share costs of the project exceeds the
amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to
appropriate said excess amount immediately upon the notification by the NYDOT thereof, and be it
further
RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby
authorized to sign all necessary Agreements with New York State Department of Transportation to
secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public
Works is authorized to sign all necessary construction documents, contracts, certifications and
reimbursement requests, and be it further
RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the
above project, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of
Transportation by attaching it to any necessary Agreement in connection with the Project, and be it
further
RESOLVED, That this Resolution shall take effect immediately.
A vote on the resolution resulted as follows:
Passed unanimously.
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3.3 Chamberlain - Request to Waive Penalty
Moved by Alderperson Smith. Seconded by Alderperson Clairborne.
WHEREAS, due to software and vendor issues, 2015 City First Installment and Tompkins County Tax
bills were mailed later than normal, and
WHEREAS, New York State Real Property Tax Law states that the failure to receive the bill does not
affect the validity of the tax or the penalty, and
WHEREAS, Real Property Tax Law further gives authority to the governing board of the municipality
to waive penalties, and
WHEREAS, three property owners have shown that the delay in mailing, compounded by severe
weather, affected their ability to pay the bills on time without penalty; now, therefore, be it
RESOLVED, That the City Chamberlain is authorized to accept payment without penalty on the
affected properties 220 Ridgedale Road, 106 Short Street, 100 Queen Street, 166 Crescent Place and 404
Cascadilla Street.
A vote on the resolution resulted as follows:
Passed unanimously.
3.4 Mayor – Entering into Contract with Tompkins County Soil and Water Conservation District for
Coordination and Implementation of the Cayuga Lake Watershed Hydrilla Project in the Cayuga Inlet,
Fall Creek and Southern Cayuga Lake for 2015
Moved by Alderperson Smith. Seconded by Alderperson McGonigal.
WHEREAS, The Tompkins County Soil and Water Conservation District (District) is working to
eradicate the Invasive Hydrilla plant from the Cayuga Inlet, Fall Creek, adjacent tributaries, and the
southeast corner of Cayuga Lake, and
WHEREAS, the Finger Lakes-Lake Ontario Watershed Protection Alliance (FLLOWPA) has received
NYSDEC administered grant funding (Aid to Localities Contract No. C304750) for hydrilla eradication
efforts (including in-field management/treatment, extensive plant community and hydrilla tuber
monitoring), and
WHEREAS, NYSDEC requires a “full reimbursement” process for Hydrilla Project activities, including
coverage of all up-front Project costs before NYSDEC funds can be accessed and reimbursement
requested, and
WHEREAS, the District does not have appropriate funding on hand to cover up-front Project costs, but
must continue the coordination and implementation of critical Hydrilla Project activities with the
Hydrilla Task Force to ensure Project success, and
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WHEREAS, in order to make this a possibility and cover the needed $300,000, the City of Ithaca has
entered into an agreement with Tompkins County, now, therefore be it
RESOLVED, That Common Council authorizes the Mayor, upon review by the City Attorney, to
execute agreement as follows:
1.) The City of Ithaca enters into a contract with Tompkins County Soil and Water Conservation
District to provide local funding support of $100,000 for Hydrilla Project activities for the 2015
treatment season. The possibility for additional funding requests from the City of Ithaca for
subsequent treatment seasons (2016-2017) will be considered based upon results of contract
extension discussions with NYSDEC.
2.) The Tompkins County Soil and Water Conservation District (on behalf of the Hydrilla Task
Force of the Cayuga Lake Watershed), will secure sub-contracts with Project contractors in order
to implement necessary in-field Hydrilla Project activities, including hydrilla management and
eradication treatments, and plant community and hydrilla tuber monitoring.
3.) Tompkins County Soil and Water Conservation District will submit reimbursement requests to
NYSDEC via FLLOWPA for Project costs incurred during the 2015 treatment season.
Reimbursement requests will be submitted on a quarterly basis (per NYSDEC contract terms).
Reimbursement funds will be sent to TCSWCD, which will then be sent to the City of Ithaca.
A vote on the resolution resulted as follows:
Passed unanimously.
3.5 Attorney – Funding for Outreach Worker
Moved by Alderperson McGonigal. Seconded by Alderperson Fleming.
WHEREAS, the Ithaca community boasts a rich and talented social services community, and
WHEREAS, some of those who stand most to benefit from these services are not consistently
succeeding in accessing the full range of services relevant to their needs, and
WHEREAS, the Common Council concludes that a Community Outreach Worker with an accessible,
on-street presence in downtown Ithaca’s central business district can substantially enhance access to
these services, and
WHEREAS, the Ithaca Police Department currently engages in numerous interactions and service calls
that are best approached based upon a social service—rather than a law enforcement –model, and
WHEREAS, notwithstanding the Ithaca Police Department’s talents even at operating within a social
services model, a Community Outreach Worker is better suited to most effectively delivering these non-
law-enforcement services, and
WHEREAS, the City of Ithaca and Tompkins County each included in their Fiscal Year 2015 budgets
$20,000 that may be devoted to the initiative detailed in this resolution, and the Downtown Ithaca
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Alliance (“DIA”) $10,000 for the same, for total available funds of $50,000 to launch this initiative in
2015, and
WHEREAS, Family and Children’s Service of Ithaca (“F&CS”) has committed to serve as the employer
of the Community Outreach Worker position envisioned by this initiative, and has graciously committed
to devote substantial overhead and other resources in addition to the above-noted funding in furtherance
of the success of this program, and
WHEREAS, a Steering Committee composed of designees of the City, County, DIA, and F&CS (“the
Funding Partners”) will provide oversight of the program on a quarterly basis, and
WHEREAS, the Funding Partners will have an opportunity to evaluate a sizable portion of the inaugural
year of this initiative when considering funding of ensuing years of this initiative, and
WHEREAS, the Common Council anticipates that the initiative detailed in this resolution will be
implemented in a manner substantially resembling the program detailed in the accompanying Summary
Overview, Position Description, and Progress Tracking and Evaluation documentation; now, therefore
be it
RESOLVED, That in furtherance of the initiative detailed in this resolution, the Mayor is hereby
authorized to execute, on advice of the City Attorney, a funding agreement between the City and F&CS
by which the City will provide to F&CS a single lump-sum payment not to exceed $20,000, said
payment to be provided no later than thirty days after commencement of any program year, or portion
thereof, and be it further
RESOLVED, That Common Council hereby transfers an amount not to exceed $20,000 from Account
1990 Restricted Contingency to Account A1210-5435 Mayor’s Contractual to assist in funding said
Outreach services to community members in need of additional support.
A vote on the resolution resulted as follows:
Passed unanimously.
3.6 Attorney - Cascadilla Boat Club License: This item was discussed under Common Council response.
3.7 Attorney – Ordinance for Use of Real Property
Moved by Alderperson Smith. Seconded by Alderperson McGonigal.
ORDINANCE __-2015
An Ordinance Revising Chapter 170 of the City of Ithaca Municipal Code
WHEREAS, Chapter 170 of the City of Ithaca Municipal Code establishes the City policy for treatment
of requests to encroach upon or use City-owned land, structures or air space in an ongoing manner, and;
WHEREAS, Section 170-2 defines terms used in the Chapter, and Section 170-4 identifies and describes
the types of authorizations by which the City may grant ongoing use of its real property, and;
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WHEREAS, the said Sections are seemingly inconsistent in describing the maximum period that the
City may authorize a license to endure, and;
WHEREAS, based upon a review of case law surrounding the distinction between a lease and license, a
license may exceed one year in term so long as the license remains revocable on shorter notice; now
therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that the definition of “License” contained in
Section 170-2 of the City Code should be amended to correct inconsistencies with other provisions of
Chapter 170 pertaining to licenses, namely Section 170-4(B), entitled "License (for up to one year,
and/or revocable upon less than a year's notice; subject to other conditions)", and to reflect controlling
New York State law that permits licenses greatly to exceed one year in length.
Section 2. Amendments to Section 170-2.
The definition of “License” contained in Section 170-2 (“Definitions”) shall be amended as follows:
LICENSE
Written proof of permission to use City-owned real property for a temporary period of time, either for a
term not to exceed one year (absent renewal), or subject to non-arbitrary revocation at will by the City
upon less than a year’s notice, and in either event subject to revocation by the City if such property is
subsequently required for public purposes. Permission to encroach upon adjacent City-owned property is
granted pursuant to a revocable license.
Section 3. Severability. Severability is intended throughout and within the provisions of this Ordinance.
If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of
the remaining portions of this Ordinance.
Section 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for
in the City Charter.
A vote on the resolution resulted as follows:
Passed unanimously.
4. Performance Measures. None.
5. Common Council
5.1 Rules of Procedure. Proposed changes to the Rules of Procedure were circulated to Common Council
for feedback. No response has been received, which implies all is okay. Chairperson Mohlenhoff is
working with City Clerk Holcomb to draft a work plan to look at the Rules. Groups will be formed to
work on the Rules. City Attorney Lavine will help with the legal procedures of the Charter.
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One working group will consist of Chairperson Mohlenhoff, City Attorney Lavine and City Clerk
Holcomb. Anyone wanting to form a working group please notify Chairperson Mohlenhoff.
Alderperson Fleming stated that she will work with Alderperson Smith; Alderperson McGonigal will
work with Alderperson Clairborne.
6. Budget Process. This item was tabled and will be on next month’s agenda.
7. Meeting Wrap-up
7.1 Announcements. None.
7.2 Review, Agenda Items for Next Meeting. None.
7.3 Adjourn: With no further business and on a motion by Alderperson Clairborne, the meeting was
adjourned at 9:05 p.m.