HomeMy WebLinkAbout06-17-02 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE
MONDAY, JUNE 17, 2002
7 : 00 P.M.
FRONT MEETING ROOM, CENTRAL FIRE STATION
310 WEST GREEN STREET, ITHACA, NY
AGENDA
Statements from the Public
Amendments to Tonight' s Agenda
A. DPW
1 . Request Funding for Replacement of Hydraulic Hoist -
Resolution
B. Human Resources
1 . Request to Transfer Funds for Work Environment Task Force
Expenditure - Discussion/Possible Resolution
C. Common Council
1 . Discussion on Community Service Funding
D. Attorney
1 . Local Law to Amend Penalties Provisions
E. Police Department
1 . Explorers' Funding Request - Discussion (Material to be
handed out at the meeting)
F. Fire Department
1 . A motion to enter into Executive Session to receive advice
of counsel
G. Reports
1 . Mayor' s Report
2 . Council Members' Announcements
3 . Next Month' s Meeting: July 24th or July 31st, 2002?
DPW - Request Funding for Replacement of Hydraulic Hoist
WHEREAS, staff discovered an oil leak on a hydraulic hoist, and
determined that replacement of the lift above ground was more
cost effective than repairing the equipment, and
WHEREAS, the replacement request has been approved by the Board
of Public Works and the Budget and Administration Committee;
now, therefore, be it
RESOLVED, That Common Council hereby authorizes the transfer of
an amount not to exceed $10, 000 from Unrestricted Contingency
account A1990 to account A5132-5225 for the purchase and
installation of a hydraulic hoist, and be it further
RESOLVED, That staff complete all the necessary tasks required
to complete a DEC approved clean up of the oil spill .
CITY OF ITHACA
DEPARTMENT OF PUBLIC WORKS - STREETS & FACILITIES DIVISION
245 Pier Road, Ithaca, New York 14850-3246
is o
ZVI ti.,�... ,,.a;� RICHARD FERREL, ASST. SUPERINTENDENT OF PUBLIC WORKS rickf(a)ci.ithaca.ny.us
�PoRATEO Telephone: 607/272-1718 Fax: 607/272-4374
To : Steve Thaye ',. APR 2 2 _2002
From : Don Parke-:./
Date : 4/18/02 L:
Re : Hoist replacement. IBY
In February of this year we found that we had a hydraulic leak in one of our vehicle lifts. We replaced
the seals to repair the leaks but it did not cure the problem. After further inspection, we found that the
wear blocks inside the main tube were worn beyond safe limits. At this time we took the lift out of
service.
This is the smallest lift in our shop used for cars and small trucks. At this time, we are unable to lift
cars and pickups because our two larger lifts are built for larger wheelbase vehicles. This makes under
vehicle repairs very difficult.
The repairs to this lift will cost a minimum of$7Z00.00 for parts. This does not cover the cost of
excavation of the shop floor and replacement of the concrete.
Our resolution is to replace the lift with an above ground unit. This will eliminate any further
discharge to hydraulic oil in the ground and eliminates costly cleanup cost.
I have found an above ground unit on NYS Contract that will cost $ 8956.53 and cover all our lifting
needs. In addition I will need about$500.00 above the $8956.53 for installation cost.
There is no money budgeted to make repairs or to replace this lift. I have reviewed the equipment
capital project(454) and there is $1,680.00 left over from purchases already made. This is a piece of
equipment that is vital to the day to day operation of the mechanic shop.
I am requesting funds be allocated for the hoist replacement.
CC : Richard Ferrel i�)-eA A
Equal Opportunity Employer with a commitment to workforce diversification." t�
Carol Shi a B&A Agenda/DPW; Hoist,Replacement, Tree Work 2002 Page 1
From: Bill Gray
To: Cogan, Daniel; Manos, Paulette; Sams, Diann; Va...
Date: Monday, June 17,2002 5:42:36 PM
Subject: B&A Agenda/DPW; Hoist Replacement,Tree Work 2002
Dear B&A,
This memo is being written with some trepidation, but lhope you will except it with some thought that
gives a chance to see some information before the 7pm meeting. The information comes from follow-up to
discussions on Friday the 14th. I was already in trouble for a Monday meeting.
Hoist Replacement: Rick Ferrel will provide some information offering an alternate to funding from the
unrestricted contingecy account. Several people had said we needed to offer a choice.A lot of our
flexibility is gone when most of the S&F budget is in payroll dollars or specific capital projects funded by
resolution.At this time the"savings"in our operating accounts are accumulating due to six open funded
positions. Rick estimated for me that there is approximately$45,000 to date of budgeted payroll that has
not been paid out due to the openings. It will be months before we know of other savings in general fund
operating acccounts. The only 2002 capital project we can look to is the equipment replacement project
and our experience thus far has not been promising. The estimated expense is"not to exceed"$10,000.
We realize that the city has a preference to reserve the payroll accounts to coverpayroll related
expenses across all accounts.We also realize that council prefers to use unrestricted contingency funds
for more general city unbudgeted (unexpected)expenses.
As an alternate souce we recommend that the hoist replacement be funded from the payroll account
based on payroll expenses which were budgeted but unspent in the first half of the year.
Tree Work 2002: The BPW has expressed concern to the Mayor that the seasonal tree work for 2002
will not be completed due to an open position and an illness in the Parks and Forestry group.The two
posions of concern to the Shade Tree Committee, the Parks Commission and DPW are the two tree
trimmers needed to address the substantial backlog of priority tree removals and saftey tree trimming.
The conversation on Friday was about how we could meet the problem. The City Forester told Rick
today that he would recomend the expansion of the contract line for tree removal. That work takes very
limited management time (the tree is removed or it isn't)and free the existing crew to do the more
"involved"major trimming and saftey work. The forester has contracted for five removals with the$2000
contract line. He has a backlog of 45 more removals. He suggested that he could largely eliminate the
backlog with $20,000. or half of it for$10,000.
Understanding the limitations outlined for the hoist above, but realizing that our labor and budget
concerns will probably carry though next year, we recommend that$10,000 be funded to reduce the
backlog of tree removals if we can expect to have the vacant tree trimmer postion filled in a reasonable
period of time(this year). Otherwise we recommend $20,000 to reduce the backlog with the expectation
that it may grow again before we can manage it with city staff.The funds should be derived similar to
those for the hoist replacment above.
If you have any questions Rick and I will be available tonight.
CC: Cohen,Alan J.; Ferrel, Rick; Shipe, Carol; Tha...
� �iT• CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
? E. I
OFFICE OF HUMAN RESOURCES / CIVIL SERVICE
Telephone: 607/ 274-6539 Fax: 607/ 274-6574 M
FJU M EMORANDUM 2 2002
TO: Budget & Administration Committee '
FROM: Schelley Michell-Nunn, Director < � If
DATE: June 12, 2002
SUBJ: WORK ENVIRONMENT TASK FORCE RECOMMENDATIONS
As you may recall, the Work Environment Task Force submitted several recommendations
for improvement in December 2000. The recommendations were based upon results from a
comprehensive employee survey completed by 68% of the workforce.
The report identified three (3) areas: Oppression and Intimidation, Health and Safety,
Supervision and Discipline. Currently, various improvement teams as well as quality teams have
formed to address these issue areas.
One outgrowth of the above areas has been an increased focus on safety issues.
Additionally, the Administrative Support Group has met with the Mayor, Alderperson Manos and
myself to identify ways to enhance safety in the workplace. One key suggestion has been to
implement an employee identification badge system.
This ID system would serve as a safety measure for those we provide a service and
employees.
I have attached a proposal for your review. I would like to request that funds set aside
for Work Environment Task Force recommendations implementation be utilized for this
purpose.
Please note that the system selected is one that will enable the City to move to a keyless
system and provide proxy cad use.
Thank you for your consideration.
"An Equal Opportunity Employer with a commitment to workforce diversification."
CITY of ITHACA-RECOMMENDED ID CARD SYSTEM
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ONE &TWO SIDED COLOR PRINTER LIST NY STATE Price
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A. PRONTO Premier(v 5.0)for Windows-(Microsoft Access Database) $ 895 $ 805.50
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D. EPI-Suite Classic(v 5.0)for Windows-(Microsoft Access Database) $1,995 $1,795.50
E. EPI-Suite Pro(v 5.5)for Windows-(Microsoft Access Database) $3,295 $2,965.50
Lanstation (less than full-function version) $ 995 $ 895.50
Lanstation (full-function version) $1,895 $1,705.50
Plastic Card Systems
COLOR CARD PRINTERS& PHOTO SYSTEMS
SUPPLIES:
Color Print Ribbons
PART NO. DESCRIPTION LIST NY STATE Price
800015-140 5 Panel Dye Sublimation Print Ribbon $75/roll $67.50/roll
(YMCKO)200 images/roll
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(YMCKO)350 images/roll
800015-350 2 Panel Black Ribbon-800 images $88/roll $79.20/roll
(Black Sub with clear overlay—Gray scale printing only)
Monochrome Print Ribbons-1500 prints/roll
800015-301 Black Resin $15/roll $13.50/roll
800015-102 Red Resin $35/roll $31.50/roll
800015-103 Green Resin $35/roll $31.50/roll
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800015-109 White Resin $60/roll $54.00/roll
800015-135 Clear Full coverage overlaminate(1 mil) $40/roll $36.00/roll
800015-137 Clear coverage(w/mag stripe overlaminate(1 mil) $50/roll $45.00/roll
800015-138 Hologram"Secure"overlaminate(1 mil) $70/roll $63.00/roll
Cieanina Supplies
105912-003 Adhesive Cleaning Rollers (set of 5) $32/set $28.80/set
105909-169 Premier Cleaning Kit $70/kit $63.00/kit
(25 swabs, 50 cleaning cards)
BLANK PVC CARD SUPPLIES (500 cards/box)
UltraCard BLANK WHITE PVC CARDS- .030"thick $50/box $45/box
(UltraCard III consists of 60% PVC&40% PET-Provides max durability)
UltraCard III PVC/PET COMPOSITE CARDS-3.375"x 2.125"x .030" $114/box $102.60/box
UltraCard III PVC/PET COMPOSITE CARDS w/300 OE Mag Stripe $140/box $126.00/box
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Steven Thayer-Prioritizing Community Service Grant requests.doc Page 1
i
i
To: B&A Committee members
From: Pat Vaughan, Chair
Subject: Prioritizing Community Service Grant requests
Date: June 10, 2002
I've been trying to think of ways we can improve the process of awarding
Community Service Grants. One possible tool for our use is classification of the
requests into related groups, each of which addresses one of the four categories we
named in our authorizing resolution: Social, Cultural, Economic and
Environmental.
I tried to flesh out these categories a bit, and came up with this language:
Social —promoting cohesive and livable neighborhoods, including community
celebrations
Cultural—promoting the arts, in many forms
Economic— enhancing the economic development and vitality of the City,
especially the downtown
Environmental—protecting or enhancing natural resources and areas.
Placing requests in similar groups may help us achieve a better balance in the
funding levels between competing agencies. If we look at all arts organizations
together, for example, we may be able get a clearer picture of what we are funding
and why.
An added complication is that some requests can fit into more than one category.
The Ticket Center, for example, is both an economic enhancement and a
promotion of the arts. Do we make a decision to put it into only one category, or
do we consider it in two ways?
Let's discuss this at the B&A meeting on June 17.
I�
I�
y 1 r
Approval of 2003 Guidelines for Community Service Funding
WHEREAS, the City of Ithaca has in the past appropriated funds to
agencies for cultural enrichment, economic promotion, and other
purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests be
subject to a standardized review process; now, therefore, be it
RESOLVED, That the Budget and Administration Committee of Common
Council be authorized to review all fiscal year 2003 requests for
non-mandated city funding from private, non-profit agencies who
have been granted IRS 501 status, or whose application for such
status is pending, and that are not subject to Human Services
Coalition review, and be it further
RESOLVED, That the following requirements and criteria shall be
applied to all such requests :
Requirements
All applications for 2003 funding must be submitted in writing to
the City Controller by June 14, 2002 .
Each application must include a statement that explains how the
activity proposed for City funding will benefit the social,
cultural, economic, and/or environmental well being of city
residents, in terms as specific as possible. Information
presented should include the groups or individuals to be served,
the number of people to benefit from the activity, and the
duration of the benefit (long term or short term) .
A) Each application must include budgets for 2002 and 2003,
financial reports from 2000 and 2001, and an enumeration of other
funding sources .
B) The application should also include a count of individuals
served, by municipality, for prior years, and a report on any
positive impacts and benefits of programs previously funded.
C) The application must include a description of methods for
measuring positive outcomes from funding requested for fiscal year
2003 .
Criteria and Evaluation Scoring
The Committee shall assign points for the degree to which the
proposed use of City funds meets each of the following criteria.
If the applicant does not supply sufficient information for the
Committee to make a judgment, the proposal shall receive zero
points in each such case.
r
These criteria and evaluation scores will be used by the Budget &
Administration Committee as guidelines in evaluating requests for
funding:
1 . The proposed activity will benefit the social, cultural,
economic and/or environmental well being of residents of the
City of Ithaca.
A) The proposal will service city residents in proportion
to City funding requested.
B) The sponsor of the proposed activity:
has received funding, or
is reasonably assured of receiving funding, or
has made a good faith effort to receive funding
from the County, appropriate towns, school
districts, or other funding sources in proportion
to non-city residents served.
2 . The proposed activity will serve an identified need in the
city and does not duplicate another service.
3 . The proposed activity is designed to effectively meet the
needs of those to be benefited; and the proposal includes
measurable objectives and outcomes.
4 . The applicant demonstrates sound management practices.
5. The proposed activity will especially benefit underserved
populations including and not limited to: low income, women
and minorities; people with disabilities; and individuals in
financial need.
6 . The proposed activity will produce a long-term benefit .
Now, therefore, be it
RESOLVED, That by August 1, 2002 the Budget & Administration
Committee shall forward its recommendations to the Mayor for
consideration in the 2003 budget .
CITY OF ITHACA
Gi�" tit 108 East Green Street Ithaca, New York 14850-5690
tf � OFFICE OF THE CITY ATTORNEY
Norma W. Schwab, City Attorney Telephone: 607/274-6504
Patricia Dunn,Assistant City Attorney Fax: 607/274-6507
Khandikile M. Sokoni,Associate Attorney
JUN 1 5 2002
MEMORANDUM
M IBY
To: Patricia Vaughan, Chair of the Budget&Administration Committee
From: Khandikile M. Sokoni, Associate Attorney ►/ .
Date: June 13, 2002
Subject: Amending Penalties Provisions
(June 17th B&A Agenda)
As I explained in my earlier email, City Clerk, Julie Holcomb, has spotted an error in the
City Code's Penalties Provisions that needs to be corrected. You might recall that late last year we
went through a process of amending the same provisions (Article 1, Sectionl). Since the Exterior
Property Maintenance Ordinance had set a new fine structure for yard maintenance violations, we
needed to remove exterior property maintenance fines from the general fine provisions contained
in Article 1, Section 1. That was approved by the B&A Committee and later passed by Common
Council. However, it has just come to Julie's attention that even though the B&A discussed and
approved a correct version of the local law, the version of the local law that was tabled before
Council and passed did not have the required parenthesis [ ] to reflect which language was being
deleted.
All we need to do now is have the local law passed again by Council. There would be no
change in the substance - this would merely be a correction. For your reference, I am enclosing
herewith a copy of the materials that were previously reviewed and approved by the B&A
Committee. I am also attaching a copy of the Local Law that has the language to be deleted being
struck out, as opposed to being in parenthesis [ ] for clarity.
Thank you so much for your speedy attention of this matter, and if you have any questions
please do not hesitate to contact me at 274-6504.
Encl.
cc: Julie C. Holcomb, City Clerk
Norma W. Schwab, City Attorney
1
An Equal Opportunity Employer with a commitment to workforce diversification." �r�
DRAFT
LOCAL LAW NO. -2001
A LOCAL LAW AMENDING ARTICLE 1, SECTION 1-1 (B) OF THE CITY OF
ITHACA MUNICIPAL CODE.
WHEREAS, by Ordinance No.01-08, the Common Council of the City of Ithaca
enacted a new Exterior Property Maintenance Ordinance, and
WHEREAS, by the authority conferred on it in Section C-38 of the City of Ithaca
Charter, the City of Ithaca Common Council enacted a new fine/penalty structure to
apply to violations of the said Exterior Property Maintenance Ordinance, and
WHEREAS, prior to such enactment of the new Exterior Property Maintenance
Ordinance No.01-08, the penalties applicable to exterior property maintenance violations
were contained in Article 1, Section 1-1(B) of the City of Ithaca Municipal Code,
NOW BE IT ENACTED by the Common Council of the City of Ithaca that Article 1,
Section 1-1(B) of the City of Ithaca Municipal Code is amended to delete penalties
related to exterior property maintenance violations as follows:-
Section I.
`B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
New Language is underlined; language being deleted is su;wk ou 1
air
-
DRAFT
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense at
the same property; and not more than $100 nor less than $50 for a third offense at the
same property, if a conviction for such offense occurs within the same twelve-month
period. Each day on which the condition exists may be charged and shall be considered as
a separate offense.
Code Section
196-5 (Uncollected garbage)
210-35(Open areas)
210-36C (Accessory structures)
210-38(Garbage and refuse)
272 4D (Mobile signs)
272-4E(Banners and pennants)
285-5 (Sidewalks)
325-20C(1)0) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
27G 7�Rl71 ��'v4crir�r rr�ra+-1c mnir.4cnonnoh�
v
Section 2. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined in its operation to
New Language is underlined; language being deleted is&#uQk-@u4 2
j4
DRAFT
the clause, sentence, paragraph, section, or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
Section 3. Effective Date.
This Local Law will take effect immediately upon filing with the Secretary of
State as provided by Law.
New Language is underlined; language being deleted is AtRwl;out 3
,�u+. _a
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CITY OF ITHACA
1 x"
V; get 108 East Green Street Ithaca, New York 14850-5690
's s
a
OFFICE OF THE CITY ATTORNEY
Coq .......,••f�0 Norma W. Schwab. City Attornev Telephone: 60-2-4-650-t PoROTEO Patricia Dunn, .assistant City Attorney Fax: 60'-'2't-6�0-
Khanclikile M. Sokoni. Associate attorney
MEMORANDUM
To: Patricia Vaughan, Chair of the Budget & Administration Committee
From: Khandikile M. Sokoni, Associate Attorney AL/CqL_:
Date: October 4, 2001
Subject: Repealing & Re-Enacting Penalties Provisions
Please find attached hereto a copy of a draft Local Law for inclusion on the agenda for the
next B&A meeting.
When the City Attorney's Office was recently requested to review the newly enacted Exterior
Property Maintenance Ordinance,prior to its inclusion in the City Code, it came to our attention that
Article 1, Section 1-1 of the City of Ithaca Municipal Code(dealing with penalties for offences)had
been erroneously amended by Ordinance on several occasions since its initial adoption in 1992.
Because this provision was originally adopted by Local Law, the proper procedure for amending it
would have been to do so by Local Law, following the doctrine of legislative equivalency.
Therefore, the enclosed proposed Local Law is intended to repeal and re-enact that provision using
the proper procedure.
Since this is a Local Law, for it to be adopted at a meeting of Common Council it would need
to be laid on the table at least ten days before the particular Council meeting. As such, I am sending
a copy to the City Clerk,Julie Holcomb, to proceed with laying it on the table for Council, the event
that the B&A Committee votes to send it on to Council. If we waited until after the B&A meeting
in late October, there would be insufficient time to comply with the laying on the table requirement
prior to November's Common Council meeting.
Another related item the B&A Committee needs to address at the October meeting is that
once this Local Law is re-enacted, it will subsequently need to be amended to remove the"Exterior
Property Maintenance" provision from its realm. When Common Council passed the Exterior
Property Maintenance Ordinance in May, 2001, one of the provisions they enacted was a new
penalties provision specifically governing exterior property maintenance violations. In that
ordinance, Council attempted to amend the penalties provisions in Article 1, Section 1-1 to exclude
exterior property maintenance. However, that ought to have been done by Local Law. If the B&A
K:\penalties localaw.mem.doc 1
K
".fin Equal Opportunity Employer with a commitment to workforce diversification." �.;
Committee addresses this issue now, in advance,then once the above Local Law becomes effective,
an amendment thereto could be submitted to Common Council without coming back to this
committee.
If you have any questions regarding the above proposals or any related issues on this draft
Local Law,please do not hesitate to contact me.
Encl.
cc: Julie Holcomb, City Clerk
Norma W. Schwab, City Attomey
y
KApenalties localaw.mem.doc
DRAFT
LOCAL LAW NO. -2001
A LOCAL LAW REPEALING AND RE-ENACTING ARTICLE 1, SECTION 1-1
OF THE CITY OF ITHACA MUNICIPAL CODE.
BE IT ENACTED by the Common Council of the City of Ithaca as follows:-
Section I. Legislative Purpose and Intent.
1. Article 1, Section 1-1 of the City of Ithaca Municipal Code was originally
adopted on August 5, 1992 by Local Law No.3-1992. However, since then, it
erroneously has been periodically amended by the following Ordinances: On September
1, 1993 by Ordinance No. 93-17; on May 8, 1996 by Ordinance No. 96-8; on June 4,
1997 by Ordinance No. 97-8; on December 2, 1998 by Ordinance No. 98-31; and on
April 1, 1998 by Ordinance No. 98-4.
2. It is the intent of the Common Council of the City of Ithaca to repeal, readopt
and re-enact the above-recited amendments by local law in compliance with the doctrine
of legislative equivalency.
Section 2. Repeal.
The former Article 1, Section 1-1 of the City of Ithaca Municipal Code, entitled
"Penalties for Offenses", is hereby repealed.
Section 3. New Enactment.
A new Article 1, Section 1-1 entitled"Penalties for Offenses"is hereby enacted to
read as follows:-
K:\Ordinances\Penalties-LocalLaw ReEnact.doc 1
§ 1-1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code
shall be punishable by a fine of not more than $250 or imprisonment for a term of not
more than 15 days, and not less than $100 or 25 hours of community service. For the
purpose of determining the appropriate fine, each day on which the violation continues to
exist shall be considered a separate offense. In no case shall a term of imprisonment
exceeding 15 days be imposed as a penalty for violations of this Code, no matter how
many days of violation are charged, unless, by separate Code section, the violation has
been classified as a misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense at
the same property; and not more than $100 nor less than $50 for a third offense at the
same property, if a conviction for such offense occurs within the same twelve-month
period. Each day on which the condition exists may be charged and shall be considered as
a separate offense.
Code Section
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36C (Accessory structures)
210-38 (Garbage and refuse)
272-4D (Mobile signs)
K:1Ordinances\Penalties-LocalLaw ReEnact.doc 2
272-4E (Banners and pennants)
285-5 (Sidewalks)
325-20C(1)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
325-23B(2) (Exterior property maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued
by the Building Commissioner and/or Commissioner's designee(s) charging violations of
any of the above sections whenever there is probable cause to believe that said violations
have occurred. Any rights to administrative appeals to any board or commission of the
City of Ithaca mentioned in any subsequent section of this Code shall not apply as a
condition precedent to issuing an appearance ticket charging a violation of any of the
above-listed Code sections. Any right to an administrative appeal from a decision or
determination of the Building Commissioner or other city official with regard to the
above Code sections shall apply only in cases in which the city intends to correct the
violation and seek to charge the property owner or other responsible party for the costs of
correction.
Section 4. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined in its operation to
the clause, sentence, paragraph, section, or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
K:\Ordinances\Penalties-LocalLaw ReEnact.doc 3
Section 5. Effective Date.
This Local Law will take effect immediately upon filing with the Secretary of
State as provided by Law.
Y
K:\Ordinances\Penalties-LocalLaw ReEnact.doc
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
a s
OFFICE OF THE CITY ATTORNEY
Norma W. Schwab. City Attornev Telephone: 60'2-4-6504
PoR4TEO Patricia Dunn, Assistant Citv Attornev Fax: 6o-
Khandikile M. Sokoni.Associate Attornev
MEMORANDUM
To: Members of Common Council
From: Khandikile M. Sokoni, Associate Attorneypl,"
Date: November 13, 2001
Subject: Amendment of the Penalties Local Law
You will recall that Common Council recently passed a Local Law to repeal and re-enact
Article 1, Section 1-1(B) of the City Code in order to cure its past defective amendments. The same
Penalties Provision is now being proposed for amendment in order to delete Exterior Property
Maintenance from its realm.
You will also recall that when the Exterior Property Maintenance Ordinance was enacted,
it provided a new penalty and fine structure for exterior property maintenance violations. Upon the
recommendation of Counsel from NYCOM, we had planned to re-adopt the new Exterior Property
Maintenance fines and penalties by Local Law. However,we were pleasantly surprised when City
Attorney, Norma Schwab, while navigating the City Code on an unrelated matter, stumbled upon
a Charter provision which indicates that Common Council can enact fines and penalties by
Ordinance. Section C-38 of the City Charter provides:-
K:\Khandi\Memos\Penalties Loclaw-Amend.doc 1
':fin Equal Opportunity Employer with a commitment to workforce diversification." 0:
"§ C-38. Enactment of ordinances and resolutions; penalties.
A. Penalties. For the purposes specified in exercising the powers of the Common Council
in enacting ordinances as provided in this article, the Common Council shall have the power
to provide for penalties, including fine and imprisonment, for the violation of any of its
ordinances. Notwithstanding the foregoing and in addition thereto, the Common Council
may also provide for civil penalties, and the city may maintain an action or proceeding in a
court of competent jurisdiction for an injunction or to compel compliance with the
requirements of any ordinance of the city."
Based on this provision, we are comfortable with the process that was used in establishing
the Exterior Property Maintenance fines/penalties, i.e.,by Ordinance. However it is still necessary
to amend Article 1-1(B)by Local Law because the doctrine of Legislative Equivalence requires that
a Local Law can only be properly amended (in this instance, deleting a provision) by Local Law.
As such, even though the Exterior Property Maintenance Ordinance properly established a new
fine/penalty structure,being an Ordinance, it was not properly used to amend Section 1-1(B)of the
City Code because that Law is a Local Law. The proposed Local Law to amend Section 1-1(B) of
the Code is attached hereto, and by copy of this memo, is also being forwarded to the City Clerk,
Julie Holcomb, to be laid on the table.
Thank you for your patience and co-operation in this matter and if you have any questions
or concerns regarding this process please do not hesitate to contact Norma or myself.
Encl.
cc: Norma W. Schwab, City Attorney
Julie Holcomb, City Clerk
Susan Brock, Esq.
K:\Khandi\Memos\Penalties Loclaw-Amend.doc 2
r
DRAFT
LOCAL LAW NO. -2001
A LOCAL LAW AMENDING ARTICLE 1, SECTION 1-1 (B) OF THE CITY OF
ITHACA MUNICIPAL CODE.
WHEREAS, by Ordinance No.01-08, the Common Council of the City of Ithaca
enacted a new Exterior Property Maintenance Ordinance, and
WHEREAS, by the authority conferred on it in Section C-38 of the City of Ithaca
Charter, the City of Ithaca Common Council enacted a new fine/penalty structure to
apply to violations of the said Exterior Property Maintenance Ordinance, and
WHEREAS, prior to such enactment of the new Exterior Property Maintenance
Ordinance No.01-08, the penalties applicable to exterior property maintenance violations
were contained in Article 1, Section 1-1(B) of the City of Ithaca Municipal Code,
NOW BE IT ENACTED by the Common Council of the City of Ithaca that Article 1,
Section 1-1(B) of the City of Ithaca Municipal Code is amended to delete penalties
related to exterior property maintenance violations as follows:-
Section I.
`B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
New Language is underlined; language being deleted is in[brackets] 1
Code sections listed below shall be: not more than $40 nor less than $20 for a first
offense at the same property; not more than $60 nor less than $30 for a second offense at
the same property; and not more than $100 nor less than $50 for a third offense at the
same property, if a conviction for such offense occurs within the same twelve-month
period. Each day on which the condition exists may be charged and shall be considered as
a separate offense.
Code Section
196-5 (Uncollected garbage)
210-35(Open areas)
210-36C (Accessory structures)
210-38(Garbage and refuse)
272-41) (Mobile signs)
272-4E(Banners and pennants)
285-5 (Sidewalks)
325-20C(l)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
[325-23B(2) (Exterior property maintenance)l"
Section 2. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not
affect, impair or invalidate the remainder thereof but shall be confined in its operation to
New Language is underlined; language being deleted is in[brackets] 2
the clause, sentence, paragraph, section, or part thereof directly involved in the
controversy in which such judgment shall have been rendered.
Section 3. Effective Date.
This Local Law will take effect immediately upon filing with the Secretary of
State as provided by Law.
New Language is underlined; language being deleted is in[brackets] 3