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HomeMy WebLinkAboutMN-GOV-2005-03-28 GOVERNANCE COMMITTEE PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting March 28, 2005 7:00 p.m. PRESENT: Chair Mackesey Alderpersons (4) Whitmore, Zumoff, Taylor, Korherr OTHERS PRESENT: City Attorney— Luster Information Management Specialist - Day Alderperson Coles Alderperson Tomlan APPROVAL OF MINUTES: By Alderperson Whitmore: Seconded by Alderperson Korherr Resolved, that the January 24, 2005 minutes be approved as published. Carried Unanimously A Local Law to Amend Section C-33 of the City of Ithaca Charter Entitled "Acting Mayor; Alternate Acting Mayor" LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-33.A of the Ithaca City Charter is hereby amended to read as follows: Section C-33. Acting Mayor; Alternate Acting Mayor. A. In case the Mayor shall be unable to perform the duties of the Mayor's office in consequence of sickness or absence from the city or if there shall be a vacancy in the office, at the first meeting in each year or as soon thereafter as may be practicable, the Common Council shall appoint [ballet] one of its members to preside at the meetings, and the presiding officer thus chosen shall be vested with all the powers and perform all the duties of the Mayor of the city, except as provided in § C- 33A(1), until the Mayor shall resume the duties of the office or the vacancy shall be filled for the unexpired term by election according to law. The officer so appointed shall be styled "Acting Mayor" and shall sign all necessary papers with his/her name, adding thereto the words "Acting Mayor." Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Discussion followed on the floor regarding the proposed amendment, and whether the positions should be appointed by the Mayor; instead of being selected by council. The Committee agreed to defer amending this section of the charter until further research has been conducted. A request was made to research how other cities fill these positions. A Local Law to Section C-5C(2) of the City of Ithaca Charter Entitled "Officers who serve at the pleasure of the Mayor." LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-5.0 of the Ithaca City Charter is hereby amended to read as follows: (1) Section C-5.C(2) Officer[s] who serves at the pleasure of the Mayor: A City Attorney_ [and a City Prosecutor] Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Discussion followed on the floor regarding the proposed amendment to amend "Officer who serves at the pleasure of the Mayor: City Attorney and a City Prosecutor". It was decided to leave this section as written as there is no harm leaving the existing language. An Ordinance to Amend the city of Ithaca Municipal Code Chapter 164 Entitled "Dogs and other Animals," Sections 9(F) and 164-15 (B). By Alderperson Korherr, Seconded By Whitmore WHEREAS, New York State Department of Agriculture and Markets has updated Section 109 of NYS Agriculture and Markets law to increase dog license fees for unneutered/unspayed dogs and to reflect that a dog needs to be licensed when four months of age or older, now therefore ORDINANCE 05- 6E IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Sections 164-9(F) and 164-15(B) of the City of Ithaca Municipal Code are hereby amended to read as follows: §164-9(F) "Is unlicensed when four months of age or older." §164-15(B) "Fifteen dollars and fifty cents for each unneutered male dog or unspayed female dog" Section 2: EFFECTIVE DATE. This Ordinance shall take effect immediately and in accordance with law upon publication of notice as provided in the Ithaca City Charter. Discussion was held on the floor regarding the NY State Law that this amendment to the City Code is reflecting. Motion to table: By Alderperson Whitmore: Seconded by Alderperson Zumoff RESOLVED, that this item to be tabled pending review of the NYS Agriculture & Markets Law by City Attorney Luster. Carried Unanimously Motion to Re-move from Table: By Alderperson Whitmore: Seconded by Alderperson Korherr RESOLVED, That this item be removed from the table for further discussion. Carried Unanimously City Attorney Luster reported that they had not yet received the update for the law book for this section, however once NYS has enacted the language it becomes law. This amendment to the Ithaca Municipal Code allows the City to enforce the law. A Vote on the Resolution resulted as follows: Ayes (4) Mackesey, Zumoff, Whitmore, Korherr Nays (1) Taylor Abstentions (0) Carried A Local Law to Amend Section C-18 of the City of Ithaca Charter Entitled "Municipal Surgeon." By Alderperson Zumoff: Seconded by Alderperson Taylor LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-18 entitled "Municipal Surgeon" is hereby repealed in its entirety. Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon approval by electors of the City of Ithaca at the general election to be held on November 8, 2005, and its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Section C-5C of the City of Ithaca Charter Entitled "The Appointed Officers of the City of Ithaca." By Alderperson Taylor: Seconded by Alderperson Zumoff LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-5.0 of the Ithaca City Charter is hereby amended to read as follows: Section C-5.0 The appointed officers of the city shall be: (1) Members of boards, councils and commissions: the six Commissioners of the Board of Public Works, [the five members of the Advisory Commission on Art and Design for Public Space], the 10 members of the [Affirmative Action Committee] Workforce Diversity Advisory Committee, the [seven] eleven members of the Bicycle Pedestrian Advisory Council, the three members of the Building Code Board of Appeals, the five Commissioners of the Board of Fire Commissioners, the five members of the Board of Zoning Appeals, [the five members of the Cable Commission, the three members of the Circle Greenway,] the three members of the Civil Service Commission, the [eight] eleven members of the Commons Advisory Board, the [seven] nine members of the Community Police Board, the nine members of the Conservation Advisory Council, the five members of the Design Review Board, the [12] twelve members of the Disability Advisory Council, [the 11 members of the Energy Commission,] the [four] three members of the Examining Board of Electricians, the [four] three members of the Examining Board of Plumbers, the five members of the Housing Board of Review, the [seven] five members of the Ithaca Housing Authority, the seven members of the Ithaca Landmarks Preservation Commission, the five members of the Ithaca Urban Renewal Agency, [the 12 members of the Citizens Advisory Committee,] the nine members of the Parks Commission, the seven members of the Planning and Development Board, the nine members of the Rental Housing Advisory Commission, the [eight] six or more members of the Shade Tree Advisory Committee, [the nine members of the Six Mile Creek Advisory Committee] the ten members of the Natural Areas Commission, the five members of Pegasus Access Oversight Committee, the seven members of the Public Art Commission, and the nine members of the Youth Bureau [Advisory Council] Board, all of whom shall be appointed by the Mayor in accordance with the provisions of the Charter or the ordinances or resolutions which create such boards, commissions or councils. Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Amend Section C-58.J of the City of Ithaca Charter Entitled "City Clerk to Act as Secretary to Board of Public Works." By Alderperson Whitmore: Seconded by Alderperson Zumoff Carried Unanimously LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-58.J of the Ithaca City Charter is hereby amended to read as follows: Section C-58.J City Clerk or designee to act as secretary; open meetings. The City Clerk or his or her designee shall act as secretary of the Board of Public Works and keep a record of all meetings. The meetings of the Board shall be open to the public[, except when, in tho judgment of tho Board, tho public intorost roquiros cxocutivo session.] in accordance with the Public Officers Law. Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously A Local to Amend Section C-94 of the City of Ithaca Charter Entitled "Membership, terms and compensation of Board" Of five Commissioners. By Alderperson Taylor: Seconded by Alderperson Zumoff LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-94 of the Ithaca City Charter is hereby amended to read as follows: Section C-94 Membership, terms and compensation of Board. There shall be a Board of Fire Commissioners, consisting of five Commissioners appointed by the Mayor and confirmed by the Common Council. At least three of these Commissioners shall be residents of the City of Ithaca. The remaining Fire Commissioners may be residents of either the City of Ithaca or the Town of Ithaca in Tompkins County, New York. The term of office of a Fire Commissioner shall be three years, commencing on the first day of July, two commissioners to be appointed in each of two successive years and one commissioner to be appointed in the third year. Such appointments shall be made at a meeting of the Common Council held in June of each year. A Commissioner shall hold office until the Commissioner's successor shall have been chosen and qualified. A vacancy for an unexpired term may be filled in the manner provided in this Charter. Permanent removal from the municipality of appointment, or other cause to be determined by the Common Council, rendering impossible the proper discharge of the Commissioner's duties as a Commissioner shall create a vacancy. [The Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Amend Section C-98 of the City of Ithaca Charter Entitled "Fire Chief and other personnel." By Alderperson Korherr: Seconded by Alderperson Taylor Carried Unanimously LOCAL LAW NO. -2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-98 of the Ithaca City Charter is hereby amended to read as follows: Section C-98. Fire Chief and other personnel. The head of the Ithaca Fire Department shall be the Fire Chief. The Fire Chief shall be appointed and removable in the manner provided in §C-26 of this Charter. The Board of Fire Commissioners shall prescribe the duties of the Fire Chief. There shall be within the Department such deputy, assistant and other employee positions as, in the a ' judgment of the Board, are necessary and authorized by the Common Council. The Fire Chief shall appoint all deputies, assistants and other employees of the Department for indefinite terms, subject to discipline and dismissal in accordance with the Civil Service Law. The Fire Chief shall fix the compensation and prescribe the duties of such deputies, assistants and other employees, subject to the approval of the Board and in accordance with any compensation plan and related rules established by the Common Council. Any member of the Ithaca Fire Department who is appointed Fire Chief, Deputy Chief or Assistant Chief shall [ease] cease to be an active member of any company of the Department. Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously A Local Law to Amend Section C-24B of the City of Ithaca Charter Entitled "Licensing Power." By Alderperson Taylor: Seconded by Alderperson Whitmore LOCAL LAW NO. - 2005 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-24.B of the Ithaca City Charter is hereby amended to read as follows: Section C-24.B Licensing power. Said Board shall be empowered [, upon written examination, to license persons engaged in carrying on or conducting the _ - _ - _ - • _ _ _ _ • - - _ _. '_•- _ _ -] to examine, license and regulate master and special electricians and others engaging or contracting in electrical work for hire in the City of Ithaca. Section 2. Severability Clause. 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 portions of this local law. Section 3. Effective and Operative Date. This Local Law shall become operative immediately and shall take effect upon its filing in the office of the Secretary of State. Carried Unanimously LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN: (LEED PROGRAM) Discussion was held on the floor regarding on-going energy studies in place for existing city buildings. The LEED program would be effective in saving energy to run a new City building, however there are no plans for new construction at this time to utilize the program. Mayor Peterson reported that the Southwest Client Committee is working with LEED regulations on new development with grants and/or tax credits. ADJOURNMENT: On a motion the meeting adjourned at 8:07 p.m. _ �Cindie L. Day mela Mackesey Information Management Specialist Chair