HomeMy WebLinkAboutMN-CA-2017-06-21CITY ADMINISTRATION COMMITTEE
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. June 21, 2017
PRESENT:
Alderperson Mohlenhoff – Chair
Alderpersons (4): Fleming, Kerslick, McGonigal, Nguyen
OTHERS PRESENT:
Alderperson – Gearhart
Acting Police Chief – Tyler
City Attorney – Lavine
City Clerk – Holcomb
Director of Engineering Services – Logue
Manager of Organizational Development – Moskowitz
Chief of Staff – Cogan
HR Director – Michell-Nunn
Controller – Thayer
Sustainability Coordinator – Goldsmith
Downtown Ithaca Alliance Director – Ferguson
1. Call to Order
1.1 Agenda Review: Chairperson Mohlenhoff made the following changes to the agenda: Move Item 3.1 –
Mass Notification System Report to Item 3.5; and add the resolution Support for an Application to the
New York Main Street Program by the Downtown Ithaca Alliance as Item 3.1.
1.2 Review/Approval of Minutes: Chairperson Mohlenhoff stated that May’s minutes should reflect that
Alderpersons Brock and Gearhart attended the meeting and should not be listed under Excused.
Alderperson Kerslick made a motion to approve the minutes, as amended, from the May 17, 2017
meeting of the City Administration Committee. Seconded by Alderperson Nguyen. Motion carried
unanimously.
1.3 Statements from the Public
Todd Kurzweil, of Ithaca and owner of a business on the Commons, spoke about resolutions 5.1 and 5.2
– Chapter 157. In this chapter, references were made about the “Primary/Secondary Commons”. Mr.
Kurzweil stated that this language is archaic, that it should be removed and replaced with just “The
Commons”.
Nina Bassuk, of the Town of Ithaca and the Shade Tree Advisory Committee chair, spoke about the
restructuring of City Boards/Committees. The Shade Tree Advisory Committee is an active Committee
that has members with a lot of expertise and that works closely with the City Forester and the Board of
Public Works. By eliminating this Committee, the City will eliminate members with the technical
expertise. Instead of an Ad-Hoc Committee, Ms. Bassuk proposed that the Shade Tree Advisory
Committee be a Sub-Committee to the Parks, Recreation, and Natural Resources Commission.
Jan Schwartzberg, of Ithaca and a member of the Bicycle Pedestrian Advisory Committee (BPAC),
spoke about the restructuring of City Boards/Committees. After thanking the City for incorporating the
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June 21, 2017
Page 2
suggestion of increasing the membership on the Commissions to 9, she expressed her disappointment
about the decrease in resident participation. The BPAC members are concerned that the City has chosen
to add another layer of bureaucracy between the subject matter experts and decision makers. This layer
would only slow down work and create unnecessary problems rather than solve them.
Fay Gougakis, of Ithaca, expressed her concerns about the language in the Ordinance regarding the
Commons, about dogs being left tied up on poles and about Police Officers not enforcing the laws on the
Commons.
1.4 Statements from Employees. None.
1.5 Council Response
Alderperson Graham thanked everyone for attending the meeting and expressing their thoughts.
Chairperson Mohlenhoff and City Attorney Lavine explained that the objective of Common Council and
the Working Group was not to make any substantive changes to the Code other than the changes related
to the Boards/Committees. When the Commons Advisory Committee was eliminated, the Code was
impacted and the language that detailed the duties of this Committee had to be reassigned to the new
Commission structure.
Alderperson Nguyen stated that the issues surrounding the Commons would be discussed at a future
meeting.
2. Consent Agenda Items
2.1 Authorization of Alex Haley Municipal Pool Lease with Ithaca City School District
Moved by Alderperson Kerslick. Seconded by Alderperson Fleming.
WHEREAS, Ithaca City School District (ICSD) is the owner of the block bordered by Esty, North
Albany, West Court, and North Plain Streets and identified as tax map parcel 50.-2-1, and
WHEREAS, the City currently operates the Alex Haley Municipal Pool, and through GIAC, utilizes the
basketball courts located on the southeastern corner of said parcel, and
WHEREAS, in 1987, the City and ICSD executed a lease to govern the terms and conditions of the
City’s use, and the original lease term has now expired, and
WHEREAS, General City Law Section 20 empowers the City to lease real property within and without
the limits of the city, and as such, the parties have come to agreeable terms and wish to enter into a new
lease incorporating existing uses and the City’s development of a wading pool; now therefore be it
RESOLVED, That Common Council supports the continued operation of the pool and related amenities,
and further be it
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RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a lease
with ICSD at the rate of $8,050 per year payable from GIAC budget allotments.
A vote on the resolution resulted as follows:
Passed unanimously.
3. Finance, Budget and Appropriations
3.1 Support for an Application to the New York Main Street Program by the Downtown Ithaca Alliance
Moved by Alderperson Kerslick. Seconded by Alderperson Fleming.
Resolution by the Common Council of the City of Ithaca approving and endorsing the Downtown
Ithaca Alliance in its application to NYS Homes and Community Renewal for funding under the New
York Main Street Program; and
WHEREAS, the Downtown Ithaca Alliance desires to apply for up to $500,000 in financial assistance
through the 2017 Consolidated Funding Application (CFA) under the New York Main Street Program;
and
WHEREAS, the application proposes funding to assist property owners to complete building
renovations to downtown “main street” buildings in the Downtown Ithaca Business Improvement area;
and
WHEREAS, the proposed funding will contribute to ongoing community revitalization efforts; and
WHEREAS, the grant application requires that the applicant obtain the approval and endorsement of the
governing body of the municipality in which the project will be located.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Ithaca approves and
endorses the 2017 New York Main Street Program application for assistance prepared and to be
submitted by the Downtown Ithaca Alliance.
Passed by the following vote of all Common Council Members voting in favor thereof:
Affirmative Common Council Members:
Affirmative:
Negative:
Abstain:
I, (Clerk name), do hereby certify that resolution (number) was passed at a meeting of the Common
Council held on (date), and is (incorporated in the original minutes of said meeting OR on file and of
record), and that said resolution has not been altered, amended or revoked and is in full force and effect.
Signature of Clerk
(Official Seal of Municipality)
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A vote on the resolution resulted as follows:
Passed unanimously.
3.2 Establishing Energy Benchmarking Requirements for Certain Municipal Buildings
Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick
WHEREAS, buildings are the single largest user of energy in the State of New York. The poorest
performing buildings typically use several times the energy of the highest performing buildings—for the
exact same building use; and
WHEREAS, collecting, reporting, and sharing building energy data on a regular basis allows municipal
officials and the public to understand the energy performance of municipal buildings relative to similar
buildings nationwide, and equipped with this information the City of Ithaca is able to make smarter,
more cost-effective operational and capital investment decisions, reward efficiency, and drive
widespread, continuous improvement; and
WHEREAS, the City of Ithaca 2015 Comprehensive Plan contains the recommendation to explore
required disclosures of energy use for all properties and required annual energy benchmarking for large
buildings, and the Energy Action Plan recommends to benchmark City facilities; and
WHEREAS, the City of Ithaca Common Council desires to use Building Energy Benchmarking—a
process of measuring a building’s energy use, comparing performance to similar buildings, and tracking
that use over time—to promote the public health, safety, and welfare by making available accurate,
actionable information on municipal building energy use to help identify opportunities to cut costs and
reduce pollution in the City of Ithaca; and
WHEREAS, the City of Ithaca currently collects energy use data for many of its facilities and enters
energy benchmarking data for these facilities into Portfolio Manager; and
WHEREAS, the City of Ithaca Common Council desires to establish a more formal policy for City staff
to conduct such Building Energy Benchmarking;
NOW THEREFORE, IT IS HEREBY RESOLVED AND DETERMINED, that the following specific
policies and procedures are hereby adopted.
BUILDING ENERGY BENCHMARKING POLICY/PROCEDURES
§1. DEFINITIONS
(1) “Benchmarking Information” shall mean information generated by Portfolio Manager, as herein
defined including descriptive information about the physical building and its operational characteristics.
(2) “Building Energy Benchmarking” shall mean the process of measuring a building’s Energy use,
tracking that use over time, and comparing performance to similar buildings.
(3) “Superintendent” shall mean the Superintendent of Public Works, or his/her designee.
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(4) “Covered Municipal Building” shall mean a building or facility that is owned or occupied by the
City of Ithaca or the Special Joint Commission that is 1,000 square feet or larger in size.
(5) “Energy” shall mean electricity, natural gas, steam, hot or chilled water, fuel oil, or other product for
use in a building, or renewable on-site electricity generation, for purposes of providing heating, cooling,
lighting, water heating, or for powering or fueling other end-uses in the building and related facilities, as
reflected in utility bills or other documentation of actual Energy use.
(6) “Energy Performance Score” shall mean the numeric rating generated by Portfolio Manager that
compares the Energy usage of the building to that of similar buildings.
(7) “Energy Use Intensity (EUI)” shall mean the kBTUs (1,000 British Thermal Units) used per square
foot of gross floor area.
(8) “Gross Floor Area” shall mean the total number of enclosed square feet measured between the
exterior surfaces of the fixed walls within any structure used or intended for supporting or sheltering any
use or occupancy.
(9) “Portfolio Manager” shall mean ENERGY STAR Portfolio Manager, the internet-based tool
developed and maintained by the United States Environmental Protection Agency to track and assess the
relative Energy performance of buildings nationwide, or successor.
(10) “Utility” shall mean an entity that distributes and sells Energy to Covered Municipal Buildings.
(11) “Weather Normalized Site EUI” shall mean the amount of Energy that would have been used by a
property under 30-year average temperatures, accounting for the difference between average
temperatures and yearly fluctuations.
§2. APPLICABILITY
(1) This policy is applicable to all Covered Municipal Buildings as defined in Section 1 of this policy.
(2) The Superintendent may exempt a particular Covered Municipal Building from the benchmarking
requirement if the Superintendent determines that it has characteristics that make benchmarking
impractical.
§3. BENCHMARKING REQUIRED FOR COVERED MUNICIPAL BUILDINGS
(1) No later than June 1, 2018, and no later than June 1 every year thereafter, the Superintendent shall
enter into Portfolio Manager the total Energy consumed by each Covered Municipal Building, along
with all other descriptive information required by Portfolio Manager for the previous calendar year.
(2) For new Covered Municipal Buildings that have not accumulated 12 months of Energy use data by
the first applicable date following occupancy for inputting Energy use into Portfolio Manager, the
Superintendent shall begin inputting data in the following year.
§4. DISCLOSURE AND PUBLICATION OF BENCHMARKING INFORMATION
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(1) The Superintendent shall make available to the public on the internet Benchmarking Information for
the previous calendar year:
(a) no later than September 1, 2018 and by September 1 of each year thereafter for Covered
Municipal Buildings; and
(2) The Superintendent shall make available to the public on the internet and update at least annually,
the following Benchmarking Information:
(a) Summary statistics on Energy consumption for Covered Municipal Buildings derived from
aggregation of Benchmarking Information; and
(b) For each Covered Municipal Building individually:
(i) The status of compliance with the requirements of this Policy; and
(ii) The building address, primary use type, and gross floor area; and
(iii) Annual summary statistics, including site EUI, Weather Normalized Source EUI,
annual GHG emissions, and an Energy Performance Score where available; and
(iv) A comparison of the annual summary statistics (as required by Section 4(2)(b)(iii) of
this Policy) across calendar years for all years since annual reporting under this Policy
has been required for said building.
§5. MAINTENANCE OF RECORDS
The Superintendent shall maintain records as necessary for carrying out the purposes of this Policy,
including but not limited to Energy bills and other documents received from tenants and/or Utilities.
Such records shall be preserved for a period of three (3) years.
§6. ENFORCEMENT AND ADMINISTRATION
(1) The Superintendent may promulgate regulations necessary for the administration of the requirements
of this Policy.
(2) no later than September 1, 2018 and by September 1 of each year thereafter, the Superintendent shall
submit a report to Common Council including but not limited to summary statistics on Energy
consumption for Covered Municipal Buildings derived from aggregation of Benchmarking Information,
a list of all Covered Municipal Buildings identifying each Covered Municipal Building that the
Superintendent determined to be exempt from the benchmarking requirement and the reason for the
exemption, and the status of compliance with the requirements of this Policy.
§7. EFFECTIVE DATE
This policy shall be effective immediately upon passage.
§8. SEVERABILITY
The invalidity or unenforceability of any section, subsection, paragraph, sentence, clause, provision, or
phrase of the aforementioned sections, as declared by the valid judgment of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity or enforceability of any other section,
subsection, paragraph, sentence, clause, provision, or phrase, which shall remain in full force and effect.
A vote on the resolution resulted as follows:
Passed unanimously.
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3.3 DPW – Approval of Hector Street Complete Street Project
Moved by Alderperson Fleming. Seconded by Alderperson Kerslick
WHEREAS, a Project for the Hector Street Complete Street, P.I.N. 395063 (the “Project”) is eligible for
funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such
program to be borne at the ratio of 80% Federal funds and 20% non-federal funds, and
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 Preliminary Engineering/Design/ROW Incidentals; and
WHEREAS, preliminary engineering, design, and ROW incidentals are exempt from further
environmental review as Type II actions, now, therefore, be it
RESOLVED, That Common Council, duly convened does hereby approve the above-subject project,
subject to further environmental review of construction; and it is hereby further
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 Preliminary Engineering/Design/ROW
Incidentals work for the Project or portions thereof, and it is further
RESOLVED, That the sum of $331,800 is hereby advanced from the General Fund with later repayment
from the issuance of serial bonds and made available to cover the cost of participation in the above
phase of the Project, and it is further
RESOLVED, That Common Council hereby creates Capital Project #846, Hector Street Complete
Street, to include the Project costs of $331,800, 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, the Common Council of the City of Ithaca shall convene as soon as possible
to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it
further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary
Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary
certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New
York State Department of Transportation in connection with the advancement or approval of the Project
and providing for the administration of the Project and the municipality’s first instance funding of
Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs
and all Project costs within appropriations therefore that are not so eligible, and be it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to
the City of Ithaca will be roughly 20% of said portion, paid via respective Sidewalk Improvement
District #5 funds, currently estimated at $66,360 of the $331,800 authorized for this portion of the
project, in monies and in-kind services as managed by the Superintendent of Public Works and
monitored by the City Controller, and be it further
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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, This Resolution shall take effect immediately.
A vote on the resolution resulted as follows:
Passed unanimously.
3.4 Police Department – Request to Amend 2017 Authorized Budget for Homeland Security Grant
Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick
WHEREAS, the Ithaca Police Department (IPD) recently received a US Department of Homeland
Security’s State Homeland Grant administered by New York State for $100,000, and
WHEREAS, the grant will be used to improve and develop tactical team capabilities through equipment,
training, and exercise with funding through August 31, 2019, and
WHEREAS, equipment and resources purchases through this grant will include:
Helmets and night vision helmet mounts, self-contained breathing apparatus, throwable remote
robot, air purifying respirator, handheld sensor radar unit, pole camera and training.
; now, therefore be it
RESOLVED, That Common Council hereby amends the 2017 authorized Police Department budget to
account for the $100,000 New York State Homeland Security and Emergency Services Grant as follows:
Increase Revenue Account:
A3120-4320 Police Federal Aid $100,000
Increase Appropriations:
A3120-5125-5001 Police Overtime $19,500
A3120-5225-5022 Police Equipment $80,500
$100,000
A vote on the resolution resulted as follows:
Passed unanimously.
3.5 Mass Notification - Report
Chief of Staff Cogan reported that a Committee, which included a representative from Tompkins County
Emergency Operations Center, has been diligently working to get a Mass Notification System for the
City. After evaluating four (4) systems, the Committee selected Swift 911 by a company called Swift
Reach. The funds, about $9,000, to purchase this Mass Notification System were set aside during last
year’s budget process.
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As a result of the City moving forward with this project, it rekindled the County’s interest. It appears
that the County is going to move forward with a County-wide Mass Notification System. The City will
be able to use this Mass Notification System, but not have to contribute monetarily to it because City
residents are County residents.
A Mass Notification System policy that explains how this system would be used has been created. Mr.
Cogan explained how the system would be used and gave a demonstration. He stated that there would
be different lists for different notifications. Residents who enroll in this system can choose how they
want to receive their message (e.g. text, e-mail, fax machine, phone, twitter, Facebook, etc.) and in what
language they want to receive it.
There would be a limited number of people within the City who would be able to send the notifications.
The person or persons authorized to send the notifications would be designated in advance. In addition,
the City could authorize the 911 Center to send out notifications on behalf of the City.
Mr. Cogan mentioned that this Mass Notification System would be used internally to notify employees
about things such as a water main break or when City Hall would be closed due to snow, etc.
Mr. Cogan reported that the County will take a proposal for the Mass Notification System through their
Committee in July and to the County legislators in August. The Chief of Staff will attend the County’s
meeting to explain the City’s position as it relates to this system. The City will wait to see what happens
with the County before moving forward.
4. City Administration, Human Resources, and Policy
4.1 Council Local Phone Numbers – Discussion
This is a follow-up on a request to have a discussion about Council members having a local phone
number so that they can be contacted by their constituents. Currently, there is no language in the rules
of procedures that mandates how Common Council can be contacted. Historically, the Clerk’s Office
has acted as a staff resource for Council and the department where the public could leave messages for
Council members.
The Committee discussed whether or not they wanted to modify language in the rules of procedures.
After discussion and with the consensus of the Committee, Alderperson Fleming volunteered to write a
paragraph that would mandate Common Council members be required to have a local phone number for
the public to contact them. Ms. Fleming will bring the draft back to this Committee by September.
5. Committee Working Group
5.1 City Ordinance 4.4 – Advisory Commissions
Moved by Alderperson Kerslick. Seconded by Alderperson Fleming.
Ordinance No. 2017-__
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An ordinance adding Chapter 8, “Advisory Commissions,” to the City of Ithaca Municipal Code.
WHEREAS in 2011, the City of Ithaca contracted with an outside consulting firm to evaluate the city’s
organizational structure as it relates to performance measurement and efficiencies; and
WHEREAS in February of 2012, the Common Council convened at a retreat to look at the report’s
recommendations in greater depth and develop and prioritize a work plan; and
WHEREAS one of the report’s recommendations regarding the Board of Public Works was expanded to
consider a comprehensive analysis of all boards and committees and was assigned to the now-defunct
Government Performance and Accountability Committee; and
WHEREAS on May 4, 2016, the Common Council unanimously passed a resolution establishing a
Boards and Committees Restructuring Working Group (the “Working Group”) to gather input from
existing boards and committees, and the public, on possible models for restructuring, and to propose to
the City Administration Committee a realigned structure for the City’s boards and committees; and
WHEREAS the Working Group has engaged in diligent analysis, received input from the existing
boards and committees and public, and developed a new advisory commission structure as set forth in
this Ordinance; and now, therefore
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact.
The Common Council makes the following findings of fact:
1. The current boards and committees organizational structure is confusing to the public and
challenging for citizens to understand how to participate.
2. The Comprehensive Plan includes the following public participation goals, which will be better
realized by the Advisory Commission structure herein adopted:
a) All members of the community will know of and have opportunities to participate in
governing and decision-making processes of interest to them.
b) The City’s active outreach to the community will support high-quality public
participation.
c) All members of the community will feel confident that their voices will be taken
seriously and given respect in City decision-making processes that are important to them.
d) All members of the community will know how to access information about decisions
being made and what information is informing those decisions, and all this information
will be easily accessible to the public
3. As a result of limited City staff resources coupled with a large number of boards and committees,
many boards and committees lack regular administrative and support staff, limiting their
effectiveness.
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4. Many issues that come before Common Council lack a corresponding board or committee to vet
the issues, gather public input, and develop recommendations for Common Council.
5. Under the current boards and committees structure, there is overlap between several boards and
committees causing inefficiencies, wasted resources, and breakdowns in communication. The
practice of appointing liaisons from one board or committee to another only partially addresses
these breakdowns.
6. The recruitment, application, and appointment process necessary to fill all positions in the
current boards and committees’ structure is cumbersome, time consuming, and leads to long
vacancies on the boards and committees.
7. It is, therefore, desirous to create four “umbrella” Advisory Commissions with thirty-six
appointed voting members that will replace twelve existing boards, commissions, and
committees.
Section 2. Creation of Chapter 8, “Advisory Commissions.”
The City of Ithaca Municipal Code is hereby amended to add a new Chapter 8, entitled “Advisory
Commissions.” Such Chapter shall read as follows:
Chapter 8 – Advisory Commissions
Article I – Purpose, Establishment, and General Provisions
§ 8-1. Purpose.
The purpose of this Chapter is to establish Advisory Commissions that shall provide the City of
Ithaca, City of Ithaca Common Council and committees thereof, and the City of Ithaca’s quasi-
judicial boards with research, public input, and analysis and other assistance as necessary in the
subject areas impacting the City of Ithaca to which each Advisory Commission is tasked.
§ 8-2. Establishment.
The Common Council of the City Ithaca hereby establishes the Public Safety and Information
Commission; Community and Sustainability Commission; Mobility, Accessibility, and
Transportation Commission; and Parks, Recreation, and Natural Resources Commission. These
Commissions shall be collectively known as the Advisory Commissions. The Advisory
Commissions serve the City of Ithaca, the City of Ithaca Common Council and committees thereof,
and the City of Ithaca’s quasi-judicial boards. The Advisory Commissions serve solely in an
advisory capacity and, absent approval of the Common Council, may take no action binding the
City, its officers, or employees.
§ 8-3. Duties.
The general duties of the Advisory Commissions, in addition to those specific duties of each
Advisory Commission set forth in this Chapter, are as follows:
A. To draft and update as necessary a work plan in consultation with the Advisory
Commission’s Common Council liaisons and City staff designees.
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B. To draft and vote on advisory resolutions or summary statements on matters before the
Common Council, committees thereof, or the City’s quasi-judicial boards.
C. To receive public input on, and facilitate public discussion of, matters before Common
Council, committees thereof, or the City’s quasi-judicial boards.
D. To conduct research on matters before the Common Council, committees thereof, or the
City’s quasi-judicial boards.
E. To research and make recommendations regarding City processes and policies.
F. To hold regular meetings as set forth in this Article.
G. To maintain records of proceedings and file annual reports with Common Council as set forth
in this Article.
§ 8-4. Membership.
A. Membership and appointment. Each Advisory Commission shall consist of nine voting
members who shall be appointed as follows:
(1) Voting members. Each Advisory Commission shall have nine voting members,
comprised of one Chairperson and eight Commissioners.
(2) Chairperson. The Mayor, with approval of the Common Council, shall appoint one voting
Chairperson to each Advisory Commission. The Chairperson shall preside over the
Advisory Commission and set the Advisory Commission’s meeting agendas in
consultation with designated City staff and the Common Council liaisons.
(3) Commissioners. The Mayor, with approval of the Common Council, shall appoint eight
voting Commissioners to each Advisory Commission.
(4) Common Council liaisons. The Mayor shall appoint two non-voting Common Council
liaisons to each Advisory Commission, neither of which should, if feasible, be the
committee chair for any standing committee of the Common Council.
(5) Advisors. Each Advisory Commission may appoint up to ten non-voting advisors who
have expertise in one or more subject matter areas addressed by the Advisory
Commission. Any such appointed advisor shall serve as a resource to the Advisory
Commission and may participate in meetings, subcommittees, or working groups as
permitted by the Advisory Commission’s rules and procedures in their discussion of
agenda items as to which the appointed advisor has expertise to offer. Subject to renewal
by the Advisory Commission to which the advisor serves, such advisors’ terms shall
expire one year after appointment, unless earlier terminated by that Commission.
B. Residency.
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(1) No more than two commissioners may reside outside the City of Ithaca. When appointing
a non-resident commissioner, the Mayor shall strive to appoint non-resident
commissioners with demonstrable ties to or interests in the City, including, but not
limited to, ownership of real property in the City, ownership of a business that is located
in the City or conducts business in the City, employment in the City, membership on the
board of a not-for-profit organization located in the City or serving the City, or other
significant volunteer work in the City.
(2) The Chairperson must reside in the City of Ithaca.
C. Terms of office. Terms of office for the voting members of the Advisory Commissions shall
be two years, except that of the initial appointments, four shall expire on December 31, 2018
and five shall expire on December 31, 2019.
D. Vacancies. Vacancies on the Advisory Commissions shall be filled in the same manner as the
original appointment, except that a vacancy occurring other than by expiration of term of
office shall be filled only for the remainder of the unexpired term. Applications to fill the
vacancy of an expiring term that have been submitted by October 31 of the year in which the
term expires, or on such other date as the Common Council may deem appropriate, shall be
considered for appointment to the subsequent term. In the event that a vacancy arises for
reasons other than the expiration of the term, applications to fill the vacancy that have been
submitted by April 30 shall be considered for appointment to the vacancy effective no later
than July 1 and applications that have been submitted by October 31 shall be considered for
appointment to the vacancy effective no later than January 1 of the following year.
§ 8-5. Meetings.
Each Advisory Commission shall hold regular meetings once each month. Each Advisory
Commission’s Chairperson, or at least three Commissioners, may call special meetings as required
to conduct the business of the Advisory Commission. All regular and special meetings of the
Commission shall be open to the public.
§ 8-6. Agenda.
All meetings of the Advisory Commissions shall have an agenda which shall be available to the
public before the meeting.
§ 8-7. Quorum.
The Advisory Commissions shall not conduct public business without the presence of a quorum,
which shall be five voting members.
§ 8-8. Records and annual report.
A. Each Advisory Commission shall keep a record, which shall be open to the public view, of its
resolutions, proceedings and actions. The vote or failure to vote of each voting member shall
be recorded. The concurring affirmative vote of a majority of the full voting membership
shall constitute approval of the adoption of any resolution, motion or other action of the
Advisory Commission.
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§ 8-9. Promulgation of rules and procedures; working groups.
A. The Common Council may by resolution adopt such rules and procedures of the Advisory
Commissions as required to conduct the business of the Advisory Commissions and which
are not inconsistent with the provisions of this Chapter.
B. Each Advisory Commission, with approval of Common Council, may adopt supplemental
rules and procedures as required to conduct its business, which are not inconsistent with the
provisions of this Chapter, and which are not inconsistent with all other rules and procedures
applicable to the Advisory Commission adopted by the Common Council.
C. Each Advisory Commission shall have the authority to create, and to dissolve, ad hoc
working groups that are generally limited in purpose and scope to a particular issue or topic
and that exist only for a limited duration of time. When forming a working group, the
Advisory Commission shall appoint the majority of the working group’s membership from
the advisors serving the Advisory Commission that is forming the working group. No such
working group may exist for more than one year from the date of the working group’s
formation, or from the date of the working group’s most recent renewal, unless the
Commission which formed the working group renews the working group by a majority vote.
Article II – Public Safety and Information Commission
§ 8-10. Purpose.
The purpose of the Public Safety and Information Commission is to provide the Common Council,
appropriate committees thereof, the City’s quasi-judicial boards, and City staff with advisory
research, public input, and analysis for matters related to the Ithaca Fire Department, Ithaca Police
Department, emergency preparedness, public information and communication, drug abuse, gorge
safety, the Ithaca Commons, noise, and special events.
§ 8-11. Duties.
The duties of the Public Safety and Information Commission shall include, as needed, the following:
A. To advise on issues related to policing, fire protection, and emergency response.
B. To advise on emergency preparedness plans, documents, and policies.
C. To advise on issues of public access to information and City communication with the public.
D. To advise on issues related to substance abuse.
E. To advise on issues related to gorge safety.
F. To advise on issues related to the use, maintenance, and design of the Ithaca Commons so as
to promote the general welfare and beneficial public use of the Ithaca Commons.
G. To advise on issues of public health, peace, welfare, and good order with respect to noise and
the regulation of noise under Chapter 240 of the City Code.
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H. To advise on issues related to special events, assemblies, and parades in the City of Ithaca,
including such events considered in Chapter 132 of the City Code.
I. To serve as a means of engaging in community outreach and receiving community input on
the above-described subject matter in a manner consistent with the diversity, accessibility,
and sustainability goals of the City and in conjunction with all appropriate Commissions, as
necessary, to achieve such goals.
Article III – Community and Sustainability Commission
§ 8-12. Purpose.
The purpose of the Community and Sustainability Commission is to provide the Common Council,
appropriate committees thereof, the City’s quasi-judicial boards, and City staff with advisory
research, public input, and analysis for matters related to community livability, arts and culture,
diversity, community youth and youth development, seniors and aging, refugees and immigrants,
college students, LGBTQIA+ issues, housing, sustainability, food and food systems, and
environmental remediation.
§ 8-13. Duties.
The duties of the Community and Sustainability Commission shall include, as needed, the following:
A. To advise on issues related to art and public art in Ithaca, including public art displays,
programs, and exhibitions.
B. To advise on issues related to rental housing, including the accessibility, affordability, and
quality of rental housing, tenant’s rights, and such other matters considered by Chapter 258
of the City Code.
C. To advise on issues relevant to Ithaca’s youth and youth development, including rendering
such advice and assistance to the Ithaca Youth Bureau regarding its operation and programs.
D. To advise on issues impacting Ithaca’s most vulnerable communities, including refugee,
immigrant, and elderly communities.
E. To advise on issues related to the college and graduate student populations of, and the
administrations of, local institutions of higher education, including Cornell University, Ithaca
College, and Tompkins Cortland Community College.
F. To advise on issues of concern to Ithaca’s lesbian, gay, bi-sexual, transgender, and queer
communities, including fostering a sense of inclusion for all persons regardless of gender,
gender identity or expression, or sexual orientation.
G. To advise on issues relevant to diversity and the importance of diversity in Ithaca, including
fostering a sense of inclusion for all persons regardless of actual or perceived age, creed,
color, disability, domestic violence victim status, ethnicity, familial status, gender, gender
identity or expression, height, immigration or citizenship status, marital status, military
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status, national origin, predisposing genetic characteristics, race, religion, sex, sexual
orientation, socioeconomic status, or weight.
H. To advise on issues of sustainability, food and food systems, and environmental remediation
and contamination.
I. To serve as a means of engaging in community outreach and receiving community input on
the above-described subject matter in a manner consistent with the diversity, accessibility,
and sustainability goals of the City and in conjunction with all appropriate Commissions, as
necessary, to achieve such goals.
Article IV – Mobility, Accessibility, and Transportation Commission
§ 8-14. Purpose.
The purpose of the Mobility, Accessibility, and Transportation Commission is to provide the
Common Council, appropriate committees thereof, the City’s quasi-judicial boards, and City staff
with advisory research, public input, and analysis for matters related to mobility, accessibility, and
transportation, including but not limited to bicycles, pedestrians, sidewalks, parking, traffic calming
and management, public transit, multiuse trails, taxis, and accessibility for persons with disabilities.
§ 8-15. Duties.
The duties of the Mobility, Accessibility, and Transportation Commission shall include, as needed,
the following:
A. To advise on issues related to bicycle and pedestrian access and infrastructure.
B. To advise on issues related to obstacles to equal rights, access, and privileges of persons with
disabilities.
C. To advise on issues related to parking, parking garages, residential parking permits, traffic
calming, and traffic management.
D. To advise on issues related to all forms of public transit within, into, and from the City of
Ithaca and the surrounding area.
E. To advise on issues related to sidewalks, sidewalk maintenance, the sidewalk improvement
districts, and multiuse trails.
F. To advise on issues related to taxi, limousine, and livery services and all other forms of
private vehicular transportation for hire.
G. To serve as a means of engaging in community outreach and receiving community input on
the above-described subject matter in a manner consistent with the diversity, accessibility,
and sustainability goals of the City and in conjunction with all appropriate Commissions, as
necessary, to achieve such goals.
§ 8-16. Common Council Liaison.
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One of the two Common Council Liaisons to the Mobility, Accessibility, and Transportation
Commission, as set forth in Article I of this Chapter, must also be a Common Council liaison to the
Board of Public Works.
Article V – Parks, Recreation, and Natural Resources Commission
§ 8-17. Purpose.
The purpose of the Parks, Recreation, and Natural Resources Commission is to provide the Common
Council, appropriate committees thereof, the City’s quasi-judicial boards, and City staff with
advisory research, public input, and analysis for matters related to parks, recreation, natural areas,
trees, waterways and waterfront, boating, docks, the City of Ithaca Cemetery, and the Newman
Municipal Golf Course.
§ 8-18. Duties.
The duties of the Parks, Recreation, and Natural Resources Commission shall include, as needed, the
following:
A. To advise on issues affecting the City of Ithaca’s parks and open spaces, including the City
of Ithaca Cemetery and the Newman Municipal Golf Course, and on the public use of, and
access to, such parks and open spaces for recreation and other purposes.
B. To advise on issues related to the conservation of the designated Natural Areas of the City of
Ithaca set forth in Chapter 114 of the City Code, the public use of such areas, and education
about the importance and fragility of such areas.
C. To advise on issues related to trees and shrubs, and the maintenance thereof, in the City of
Ithaca, including the provisions of Chapter 306 of the City of Ithaca Municipal Code.
D. To advise on issues related to the City of Ithaca’s waterways and waterfront, marinas, docks,
boats, and boating.
E. To advise on issues affecting the preservation, development, and use of the natural and
physical features and conditions of the City of Ithaca so as to enhance the long-range value of
the environment to the people of the City.
F. To advise the Planning and Development Board or City staff on environmental assessments
and environmental impact statements required under Chapter 176 of the City Code for
proposed actions.
G. To serve as a means of engaging in community outreach and receiving community input on
the above-described subject matter in a manner consistent with the diversity, accessibility,
and sustainability goals of the City and in conjunction with all appropriate Commissions, as
necessary, to achieve such goals.
Section 3. Amendments to City Code Repealing Certain Advisory Bodies.
The City of Ithaca Municipal Code is hereby amended to repeal code provisions establishing advisory
bodies to the City that are replaced by the new Commissions set forth in new Chapter 8.
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(a) The following Chapters of the City Code are repealed in their entirety:
Chapter 5, “Public Art Commission”
Chapter 12, “Bicycle/Pedestrian Advisory Council”
Chapter 22, “Circle Greenway Commission”
Chapter 45, “Disability Advisory Council”
Chapter 86, “Parks Commission”
Chapter 100, “Rental Housing Advisory Commission”
Chapter 112, “Shade Tree Advisory Committee”
Chapter 113, “Natural Areas Commission”
(b) The following Sections of the City Code are repealed in their entirety:
Chapter 157, Section 4, “Creation of Board; responsibilities.”
Chapter 4, Section 21, “Advisory Council.”
(c) The following Sections of the City Code are amended as follows:
Chapter 157, Section 3, “Definitions.” The definition for “Commons Advisory Board” is removed:
Commons Advisory Board
That board, duly appointed by the Mayor, with approval of the Common Council, charged
with various activities and/or powers relating to the Ithaca Commons by the Common
Council.
Section 5. Additional Amendments to the City Code.
To reflect the new Advisory Commissions set forth in new Chapter 8, the City Code is further amended
to repeal or amend any now-mooted reference to superseded advisory bodies. Such amendments shall
read as follows:
(a) Chapter 90, Section 11 is amended as follows:
Employment prohibited in department which reports to relative’s board.
Relatives of members of appointed boards shall not be employed within a department which is
responsible to that board, i.e., Board of Public Works, Board of Police Commissioners, Board of Fire
Commissioners or Planning and Development Board, or Board of Zoning Appeals.
(b) Chapter 114, Section 3 is amended as follows:
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Natural AreasParks, Recreation, and Natural Resources Commission.
The Natural AreasParks, Recreation, and Natural Resources Commission shall be the advisory body
to the Board of Public Works (and Common Council, when appropriate) that shall coordinate city
and public concerns about the natural areas. The purposes, duties and membership of the
Commission are set forth in further detail in Chapter 113, Natural Areas Commission, of this Code.
(c) Chapter 114, Subsection 4(B) is amended as follows:
Except for necessary emergency repairs to the water supply system at Six Mile Creek and routine
maintenance of existing facilities, no significant, permanent changes shall be made in the natural
areas without prior approval from the Board of Public Works or the Common Council, acting after
soliciting the advice of the Natural AreasParks, Recreation, and Natural Resources Commission.
“Routine maintenance” refers to work carried out on a regular basis and according to standardized,
general procedures set forth in the “ecologically-informed guidelines” described in § 114-5 of this
chapter.
(d) Chapter 114, Subsection 4(C) is amended as follows:
In the event that physical change to or change in the use of any property adjacent to or within 100
feet of a designated natural area is proposed and requires nonministerial City approval of any type,
the Natural AreasParks, Recreation, and Natural Resources Commission shall be notified in writing,
as soon as is practical, by the involved City board or department, and shall be notified, in advance,
when action may be taken on the proposal or if the nature or substance of the proposal changes.
(e) Chapter 114, Section 5 is amended as follows:
Maintenance.
Ecologically-informed general guidelines for Department of Public Works maintenance activities
within the natural areas shall be promulgated and updated as necessary by the Department of Public
Works, in consultation with the Natural AreasParks, Recreation, and Natural Resources
Commission, and subject to the approval of the Board of Public Works.
(f) Chapter 114, Section 6 is amended as follows:
Restoration.
Any significant disruption of a natural area by the city shall be restored to as natural or compatible a
state as practical, on the basis of a restoration plan promulgated with the advice of the Natural
AreasParks, Recreation, and Natural Resources Commission. If the Department of Public Works and
the Natural AreasParks, Recreation, and Natural Resources Commission cannot agree on the plan,
the Board of Public Works shall make a final determination.
(g) Chapter 114, Section 8 is amended as follows:
Ranger(s).
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The position of Natural Area Ranger is hereby established to advise users of regulations governing
the natural areas and to demonstrate the city's intention to protect said areas and enforce the
regulations. The Ranger(s) shall be provided with adequate equipment to communicate readily with
law enforcement agencies. The Ranger(s) shall work under the direction of the Superintendent of
Public WorksChief of Police and shall consult regularly with the Natural AreasPublic Safety and
Information Commission.
(h) The title of Chapter 157, Article I is amended as follows:
General Provisions; Commons Advisory Board
(i) Chapter 157, Section 2 is amended as follows:
The purpose of this chapter is to regulate the use and maintenance of the Ithaca Commons so as to
promote the general welfare and public use of said area. In addition to the authorities vested in the
Superintendent of Public Works and the Board of Public Works set forth in this Chapter, the Public
Safety and Information Commission shall have the authority to advise on issues related to the use,
maintenance, and design of the Ithaca Commons so as to promote the general welfare and beneficial
public use of the Ithaca Commons.
(j) Chapter 157, Subsection 5(A) is amended as follows:
Permit classes. Commons use permits will be required for all events, activities, displays, exhibits,
commercial sales and other uses of the Commons. Such use permits will be issued in accordance
with the provisions of this section. General classes of permits that will be referred to the
Superintendent or the Commons Advisory BoardBoard of Public Works include:
(k) Chapter 157, Subsection 5(B) is amended as follows:
Permit Issuance
(1) All requests for permits must be submitted to the Superintendent's office. The Superintendent
may ask for additional information and/or request a personal appearance before the Commons
Advisory BoardBoard of Public Works for a hearing to present the details of a permit application
and, if the Superintendent deems it appropriate, for a vote by the Board of Public Works on such
permit application.
(2) Review of permit requests shall include scheduling of specific time, duration, and location of the
proposed use or activity. It may also include any special conditions or restrictions that should be
placed on the permit. Permits will be approved by the Superintendent for a specific activity,
specific date, specific time period, and specific location on the Commons.
(3) The Commons Advisory BoardBoard of Public Works shall serve as an appeals board for people
whose permit applications have been denied by the Superintendent or who feel that unreasonable
restrictions have been placed by the Superintendent upon their permit.
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(4) When a request is approved or conditionally approved by the BoardSuperintendent, the issuance
of a permit will be authorized subject to any conditions which have been imposed by the
BoardSuperintendent or which may be required by the City. Permits will be issued by the
Superintendent. The applicant will be notified of the Board’sSuperintendent’s decision within
five business days after a decision has been rendered.
(5) Any permit which has been reviewed and approved by either the Superintendent or the
Commons Advisory BoardBoard of Public Works may be revoked or amended if it is determined
that the activity for which the permit was issued is not being carried out in a manner that meets
the terms of the permit.
(6) If a request for a permit is denied by the BoardSuperintendent, the applicant will be informed of
the reasons therefor, in writing, within five business days of the decision.
(7) The Superintendent will be responsible for notifying appropriate City staff of permit issuance.
(8) A record of all Board actions will be maintained pursuant to applicable laws.
(l) Chapter 157, Subsection 5(C) is hereby deleted in its entirety.
(m) Chapter 157, Subsection 6(A)(6) is amended as follows:
Comply with all of the applicable conditions and guidelines as set forth by the Commons Advisory
Board and the City of Ithaca.
(n) Chapter 157, Subsection 6(A)(7) is amended as follows:
Provide a security deposit, when required by the Superintendent of Public Works, or the Commons
Advisory Board, to cover anticipated cleaning and repair costs.
(o) Chapter 157, Subsection 7(A)(3) is amended as follows:
Requests for multiple permitted events (three or more) in a calendar year by a single user requires
approval by the Commons Advisory BoardSuperintendent. Requests for weekly recurring events will
be considered by the Commons Advisory BoardSuperintendent for Mondays, Tuesdays, and
Wednesdays.
(p) Chapter 157, Subsection 7(A)(7) is amended as follows:
Sale of merchandise on the sidewalks or public thoroughfares on the Primary/Secondary Commons
shall not be permitted without a valid permit, except that the sale of event-specific items and items
related to, and being sold by, a not-for-profit organization, or a business located on the
Primary/Secondary Commons, shall be allowed pursuant to approval and permit by the
Superintendent and/or Commons Advisory BoardSuperintendent.
(q) Chapter 157, Subsection 7(A)(13) is amended as follows:
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Overnight sleeping on the Commons is prohibited except upon approval of a permit by the
Commons Advisory BoardBoard of Public Works.
(r) Chapter 157, Section 8 is amended as follows:
Amplified sound, lights and other electrical equipment.
A. Except by special permit issued by the Commons Advisory BoardSuperintendent or designee, no
person shall operate or cause to be operated on the Ithaca Commons any boom box, tape
recorder, radio or other device for electronic sound amplification in a loud, annoying or offensive
manner such that noise from the device interferes with conversation or with the comfort, repose,
health or safety of others. Refer to City of Ithaca Municipal Code Chapter 240, entitled “Noise,”
for further information.
B. Except by special permit issued by the Commons Advisory BoardSuperintendent or designee, no
person shall operate or cause to be operated any boom box, stereo system, tape recorder, radio or
other device from on or inside any building on the Ithaca Commons, the sound from which is
directed outside towards the pedestrian area.
C. The provisions of Subsections A and B above shall not apply to emergency warning devices,
sirens, alarms or other devices being used solely for public safety purposes.
D. Amplified sound may be used between 11:00 a.m. and 2:00 p.m. Monday through Friday and
5:00 p.m. and 9:00 p.m. Sunday through Thursday. On Friday, amplified sound is allowed from
5:00 p.m. to 10:00 p.m. and on Saturday, amplified sound is allowed from 10:00 a.m. to 10:00
p.m. Performers are required to schedule 20 minutes of quiet time for every hour of amplified
sound. Approval of a noise permit by the Commons Advisory BoardSuperintendent or designee
is required. Sound levels are subject to immediate volume reduction upon request by any City
official, or staff member of the Downtown Ithaca Alliance, or member of the Commons
Advisory Board. Requests to extend the hours of amplified sound may be made to the Commons
Advisory BoardBoard of Public Works.
E. The use of supplemental lighting, movie and slide projectors and any other type of electrical
equipment or display will be carefully reviewed by the Superintendent, City Electrician, and the
Commons Advisory BoardSpecial Events Committee so as to minimize nuisance or hazard
conditions.
(s) Chapter 157, Subsection 12(D) is amended as follows:
The permit shall not be transferable and is revocable at any time should the permit holder fail to
comply fully with the terms of the permit. The permit shall be valid for the duration of the owner's
lease or ownership of premises on the Commons or for a period of one year, whichever is shorter.
The permit shall be renewable annually upon application to the Superintendent. The permit fee shall
be set by the Commons Advisory BoardBoard of Public Works or Common Council. No more than
two permits shall be issued for each residential or commercial unit. In the case of a business that
requires the presence of animals to perform the function of the business, one permit shall cover the
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business and all of its customers. In addition, a valid New York State dog license is required, and
must be presented at the time of application for the permit.
(t) Chapter 157, Subsection 12(E) is amended as follows:
The Commons Advisory BoardSuperintendent shall review each application for a business permit
and shall grant such permit upon the following conditions:
(u) Chapter 157, Section 14 is amended as follows:
Newsracks.
The Downtown Ithaca Alliance shall administer the placement of newsracks on the Commons.
Requests to use the newsracks will be considered in accordance with the policy approved by the
Commons Advisory BoardBoard of Public Works.
(v) Chapter 157, Section 19 is amended as follows:
Fees.
Permit and use fees will be established by the Commons Advisory BoardBoard of Public Works or
Common Council in consultation with the Board of Public Works. Fees may be waived or reduced
by the Commons Advisory BoardBoard of Public Works or Common Council if deemed in the best
interest of the community. All fees shall be paid at the time the permit is issued.
(w) Chapter 157, Subsection 20(A) is amended as follows:
Street performers and acoustical musicians may perform on the Commons between 10:00 a.m. and
9:00 p.m. Sunday through Thursday and 10:00 a.m. and 10:00 p.m. on Friday and Saturday. All
street performers shall locate along the edge of the fire lane and must remain mobile at all times in
case emergency vehicles require access to the area. Performance equipment and materials may not
be left unattended. Street performers must move to a different location every 45 minutes. The
Commons Advisory BoardSuperintendent reserves the right to designate specific areas for street
performers.
(x) Chapter 157, Subsection 20(B) is amended as follows:
The use of amplified sound or fire during a performance is only allowed by permit from the
Commons Advisory BoardSuperintendent. Loud-natured acoustical instruments such as horns,
drums and other percussion instruments require a noise permit from the Commons Advisory
BoardSuperintendent. Performers are responsible for monitoring and controlling the volume of
sound they make and must reduce the volume upon the request of the Ithaca Police Department, City
staff, or Downtown Ithaca Alliance staff, or a member of the Commons Advisory Board.
(y) Chapter 157, Subsection 21(B)(12) is amended as follows:
If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds
will be issued. Notice of proposed suspension or revocation of an agreement for outdoor dining shall
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be given in writing, setting forth specifically the grounds of the complaint. The applicant shall have a
right to a hearing in front of the Commons Advisory BoardBoard of Public Works on the proposed
revocation or suspension.
(z) Chapter 157, Subsection 21(B)(13) is amended as follows:
The Commons Advisory BoardBoard of Public Works shall have the right to terminate or reinstate
the agreement. Such decision shall become effective immediately.
(aa) Chapter 157, Subsection 21(D) is amended as follows:
Appeals for denied agreements. Any person or group that has been denied an agreement for outdoor
dining on the Ithaca Commons may appeal such decision to the Commons Advisory BoardBoard of
Public Works. Such appeal shall be submitted, in writing, to the Superintendent's office within 10
days from the date of denial. The Commons Advisory BoardBoard of Public Works may act to
sustain the original decision or to revise it, with or without conditions.
(bb) Chapter 157, Subsection 22(C)(7) is amended as follows:
Lighting: lighting can be used for preparing and serving food and illuminating a menu. Decorative
lighting is not permitted unless approved by the Commons Advisory BoardSuperintendent. Lighting
not approved by the Commons Advisory BoardSuperintendent must be removed immediately.
(cc) Chapter 157, Subsection 22(C)(14) is amended as follows:
Tables: no freestanding tables. Built in, folding-down tables attached to the actual vendor cart are
acceptable, provided they have been approved by the Commons Advisory BoardSuperintendent.
(dd) Chapter 157, Section 23 is amended as follows:
Mobile vending locations.
The Commons Advisory BoardBoard of Public Works is authorized to determine appropriate
locations where vending shall take place. The Superintendent's office shall maintain and make
available to the public a map of approved vending locations.
(ee) Chapter 157, Section 24 is amended as follows:
Hours of operation.
Operating hours for mobile vending carts are between 10:00 a.m. and 10:00 p.m. Carts must be
removed from the Primary Commons between the hours of 10:00 p.m. and 9:00 a.m. Vendors who
wish to operate outside regular hours must obtain permission from the Commons Advisory
BoardSuperintendent.
(ff) Chapter 157, Subsection 25(A) is amended as follows:
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The Superintendent may issue agreements for mobile vending on the Primary Commons pursuant to
the Mobile Vending Map, which is approved by the Commons Advisory BoardBoard of Public
Works annually. The Superintendent may refuse to issue an agreement:
(gg) Chapter 157, Subsection 27(C) is amended as follows:
Vending hours are from 10:00 a.m. to 10:00 p.m. unless special permission is granted by the
Commons Advisory BoardSuperintendent.
(hh) Chapter 157, Subsection 27(F) is amended as follows:
All vendors must maintain the submitted list of items for sale and prices throughout the agreement
period unless special permission is granted by the Superintendent or the Commons Advisory
BoardSuperintendent.
(ii) Chapter 157, Subsection 28(B) is amended as follows:
If the agreement is terminated for cause, the agreement period shall end immediately, and no refunds
will be issued. Notice of proposed suspension or revocation of an agreement for mobile vending
shall be given in writing, setting forth specifically the grounds of the complaint. The vendor shall
have a right to a hearing on the proposed revocation or suspension before the Commons Advisory
BoardBoard of Public Works no sooner than 10 days after requesting such a hearing, in writing.
Grounds for termination include, but are not limited to:
(jj) Chapter 157, Subsection 28(C) is amended as follows:
The Commons Advisory BoardBoard of Public Works shall have the right to terminate or reinstate
the agreement. Such decision shall become effective immediately.
(kk) Chapter 157, Section 31 is amended as follows:
Appeals for denied agreements.
Any person or group that has been denied an agreement to vend on the Commons may appeal such
decision to the Commons Advisory BoardBoard of Public Works. Such appeal shall be submitted in
writing to the Superintendent's office within 10 days from the date of denial. The Commons
Advisory BoardBoard of Public Works may act to sustain the original decision or to revise it, with or
without conditions.
(ll) Chapter 157, Section 32 is amended as follows:
Limited waivers and exceptions.
The Commons Advisory BoardSuperintendent is authorized to grant limited waivers and exceptions
to the provisions of this chapter, as appropriate and for temporary periods not to exceed one week in
duration. Such waivers and exceptions shall be subject to any appropriate review by the
Superintendent, the Fire Department, or the Police Department, or other affected department.
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(mm) Chapter 170, Subsection 5(A) is amended as follows:
The authority to grant approval for a permit for a use located on the primary or secondary Ithaca
Commons (for outdoor dining, mobile vending, events, exhibits, freestanding signs and temporary
planters) is and shall be vested in the Commons Advisory BoardBoard of Public Works or its
designee, subject to the provisions of Chapter 157, Commons, of this Code.
(nn) Chapter 170, Subsection 6(C) is amended as follows:
The placement of public art upon City-owned property is regulated by Chapter 58, Article III, Public
ArtCommunity and Sustainability Commission, of this Code, rather than by this chapter.
(oo) Chapter 170, Subsection 12(A)(1) is amended as follows:
For property that is part of the Ithaca Commons: the Commons Advisory BoardBoard of Public
Works, pursuant to Chapter 157 of this Code;
(pp) Chapter 170, Subsection 12(B) is amended as follows:
Factors to be considered. In considering whether to grant such approval, the Commons Advisory
BoardBoard of Public Works or the Superintendent may, in their discretion, consult with other
appropriate City officials and boards, and shall consider the following factors:
(qq) Chapter 176, Subsection 3(J) is amended as follows:
The City of Ithaca Conservation Advisory CouncilParks, Recreation, and Natural Resources
Commission has no specific responsibility for implementing the Environmental Quality Review
Ordinance, except that its input and assistance shall be solicited for all actions for which a short or
long environmental assessment form has been prepared and for all action for which a positive
declaration is made or a draft environmental impact statement is prepared.
(rr) Chapter 176, Subsection 6(A)(4)(d) is amended as follows:
Any City agency receiving or filling out an environmental assessment form shall, within five days,
provide a copy of the document to the Chairperson of the Conservation Advisory CouncilParks,
Recreation, and Natural Resources Commission and to the Common Council liaisons to the
Conservation Advisory CouncilParks, Recreation, and Natural Resources Commission for their
comments and recommendations.
(ss) Chapter 181, Subsection 3(C)(1) is amended as follows:
An annual fee shall be assessed to each premises which has a master fire alarm box which
interconnects the building fire alarm system with the municipal fire alarm system. This fee shall be
the reasonable and expected costs associated with the maintenance of the municipal fire alarm
system, as developed through the program budget accounting system. This cost will be divided by
the number of master fire alarm boxes connected to the system, as documented by the Fire Chief.
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The fee for a master box connection shall be calculated each year and approved by the Board of Fire
CommissionersFire Chief. Upon approval, the Fire Chief shall send notices of such charge and the
locations of each master box to the City Chamberlain, but not sooner than March 1 of each year.
(tt) Chapter 181, Subsection 3(B)(3) is amended as follows:
The Board of Fire Commissioners of the CityCommon Council shall have the power to make such
additional rules, regulations, conditions and restrictions not inconsistent herewith as it may deem
proper and desirable.
(uu) Chapter 215, Section 8 is amended as follows:
Fire departments; fire companies and volunteer fire associations.
It shall be an unlawful discriminatory practice for any fire department or fire company therein,
through any member or members thereof, officers, board of fire commissioners or other body or
office having power of appointment of volunteer firefighters, directly or indirectly, by ritualistic
practice, constitutional or bylaw prescription, by tacit agreement among its members, or otherwise,
to deny to any individual membership in any volunteer fire department or fire company therein, or
to expel or discriminate against any volunteer member of a fire department or fire company therein,
based on the actual or perceived age; creed; color; disability; ethnicity; familial status; gender;
height; immigration or citizenship status; marital status; national origin; race; religion; sexual
orientation; socioeconomic status; or weight of such individual.
(vv) The definition for “Decorative Banner,” set forth in Chapter 272, Section 3, is amended as follows:
DECORATIVE BANNER
Cloth banners designed for long-term use that are not intended to act as signage to advertise a
specific business or the sale of a specific product. Decorative banners may, however, contain
sponsor tags, if they are part of a formally approved program by the Public ArtCommunity and
Sustainability Commission.
(ww) Chapter 272, Subsection 6(A)(6)(b) is amended as follows:
Upon receipt of a proposal for a mural for any property subject to the provisions of Chapter 160,
Design Review, or Chapter 325, Zoning, Article VIII, Courthouse Special Use Zone, or Chapter 228,
Landmarks Preservation, of this Code, or facing such property, the Director of Planning and
Development or designee shall notify the Planning and Development Board, the Public
ArtCommunity and Sustainability Commission, and/or the Landmarks Commission, as applicable,
for their information and any appropriate action and shall so inform the applicant.
(xx) Chapter 272, Subsection 8(B) is amended as follows:
Exemptions. Temporary signs advertising an event for less than 10 days are exempt from the permit
requirement, provided that the sign be removed immediately following the event. Signs temporarily
advertising the sale, lease or rental of the premises upon which the sign is located, temporary
political posters, and signs denoting the architects, engineers and/or contractors placed on premises
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where construction, repair or renovation is in progress are also exempt from the permit requirement,
as provided in § 272-6 above. Decorative cloth banners designed for long-term use, reviewed by the
Public ArtCommunity and Sustainability Commission and as approved by the Building Department,
are exempt from the permit time period. However, should the banner become damaged or severely
worn, it must be removed immediately.
(yy) Chapter 276, Subsection 3(B)(1) is amended as follows:
The Director shall have the authority to review and act on a development proposal if the proposed
project meets the description in § 276-3A but is below the thresholds described below. For such
projects of limited scope, reviewed by the Director, a public hearing is not required. The Planning
and Development Department shall be the lead agency in the environmental review of such projects,
except for projects that meet the description in § 276-3A(2), which shall follow environmental
review laws or regulations for determination of lead agency. There shall be no requisite review of
the environmental assessment forms (EAF) by the Conservation Advisory Council (CAC)Parks,
Recreation, and Natural Resources Commission in these cases. See § 276-5C for situations when
projects of limited scope will be referred to the Board for a full review. The upper thresholds for
projects of limited scope are:
(zz) Chapter 276, Subsection 7(B)(4) is amended as follows:
For projects on City property, the City Forester and the Shade Tree Advisory CommitteeParks,
Recreation, and Natural Resources Commission shall be consulted in plant species selection and
planting soil specification.
(aaa) Chapter 306, Section 1 is amended as follows:
Purpose.
This chapter regulates the planting, maintenance, protection and removal of trees and shrubs on
public streets, parks and other city-owned property; provides for a Shade Tree Advisory Committee;
and establishes the office of a City Forester in the Department of Public Works. This chapter also
provides for the issuing of permits for the planting, maintenance, protection and removal of trees and
shrubs in city-owned places.
(bbb) Chapter 306, Subsection 4(B) is amended as follows:
The City Forester, in consultation with the Shade Tree Advisory Committee (STAC)Parks,
Recreation, and Natural Resources Commission and the Board of Public Works, shall have the
authority to implement and enforce the provisions of this chapter.
(ccc) Chapter 306, Subsection 4(C) is amended as follows:
In furtherance of the purposes of this chapter, the Board of Public Works, in consultation with the
City Forester and the STACParks, Recreation, and Natural Resources Commission, shall have the
authority to adopt rules and regulations regarding arboricultural specifications and standards of
practice and such additional rules and regulations as the Board determines are necessary. These
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regulations shall govern the planting, maintenance, removal, fertilization, pruning and protection of
trees and shrubs on public streets, parks or other city property.
(ddd) Chapter 306, Subsection 5(F) is amended as follows:
Requests from private citizens that new street trees be planted near their property shall be
accommodated in accordance with planting priorities set by the City Forester in consultation with the
STACParks, Recreation, and Natural Resources Commission and the Board of Public Works.
(eee) Chapter 320, Subsection 1(B)(6) is amended as follows:
Ecologically informed guidelines for Department of Public Works maintenance activities within the
Six Mile Creek Natural Area shall be promulgated by the Department of Public Works, in
consultation with the Six Mile Creek Advisory Committee, Circle Greenway, the Parks Commission
and the Conservation Advisory CouncilParks, Recreation, and Natural Resources Commission, and
subject to the approval of the Board of Public Works.
(fff) Chapter 320, Subsection 4(B) is amended as follows:
The Board of Public Works is authorized to grant specific, revocable exceptions to any of the above
prohibitions, upon consultation with the Natural Areas CommissionParks, Recreation, and Natural
Resources Commission and a finding of special circumstances. When granting such an exception,
the Board shall retain the right of the city to impose reasonable conditions intended to protect public
safety, the water supply system or the natural environment or to control the city's potential liability.
(ggg) Chapter 320, Section 5 is amended as follows:
Ranger(s).
The position of Natural Area Ranger is hereby established to advise users of regulations governing
the natural areas and to demonstrate the city's intention to protect said areas and enforce the
regulations. The Ranger(s) shall be provided with adequate equipment to communicate readily with
law enforcement agencies. The Ranger(s) shall work under the direction of the Superintendent of
Public WorksChief of Police and shall consult regularly with the Natural AreasPublic Safety and
Information Commission.
(hhh) Chapter 325, Subsection 46(C)(3)(b)[2][b] is amended as follows:
Concept memo. The Planning Committee directs the Planning and Development staff to draft a
memorandum explaining the concept of the proposed zoning change. The memorandum is referred
to the Planning and Development Board, the four Advisory Commissions of the City, Conservation
Advisory Council , the City Attorney, the City Engineer, the Director of Planning and Development,
and other relevant boards, commissions, or City departments, for review and comment.
(iii) Chapter 325, Subsection 46(C)(3)(b)[2][d] is amended as follows:
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Amendment first draft. The Planning Committee directs the Planning and Development staff in
conjunction with the City Attorney to draft the proposed change. Environmental review is initiated.
If possible, the Planning Committee Chairperson reviews the draft. The draft, edited by the
Chairperson, is circulated to the Attorney, the Department of Planning, Building and Economic
Development, the Engineering Department, the Conservation Advisory CouncilParks, Recreation,
and Natural Resources Commission, the Planning and Development Board and other relevant
boards, commissions or City departments.
Section 6. Severability Clause.
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 7. Effective Date.
This ordinance shall take effect immediately and in accordance with law upon publication of notices as
provided in the Ithaca City Charter, but only after the filing of Local Law ___-2017 in the office of the
Secretary of State, after that Local Law’s approval by the electorate at referendum, but at no time earlier
than January 1, 2018.
Alderperson Fleming made a motion to amend the Ordinance by changing the Community and
Sustainability Commission to the Community Life Commission. Seconded by Alderperson Kerslick.
Motion carried unanimously.
A vote on the resolution, as amended, resulted as follows:
Passed unanimously.
5.2 Committee Working Group 5.2 Amendment of the City Charter and Code to Reflect New Advisory
Commissions Established by Companion Ordinance
Moved by Alderperson Fleming. Seconded by Alderperson Kerslick.
Local Law No. __-2017
A local law entitled “Amendment of the City Charter and Code to Reflect New Advisory Commissions
Established by Companion Ordinance.”
WHEREAS in 2011, the City of Ithaca contracted with an outside consulting firm to evaluate the city’s
organizational structure as it relates to performance measurement and efficiencies; and
WHEREAS in February of 2012, the Common Council convened at a retreat to look at the report’s
recommendations in greater depth and develop and prioritize a work plan; and
WHEREAS one of the report’s recommendations regarding the Board of Public Works was expanded to
consider a comprehensive analysis of all boards and committees and was assigned to the now-defunct
Government Performance and Accountability Committee; and
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WHEREAS on May 4, 2016, the Common Council unanimously passed a resolution establishing a
Boards and Committees Restructuring Working Group (the “Working Group”) to gather input from
existing boards and committees, and the public, on possible models for restructuring, and to propose to
the City Administration Committee a realigned structure for the City’s boards and committees; and
WHEREAS the Working Group has engaged in diligent analysis, received input from the existing
boards and committees and public, and developed a new advisory commission structure as set forth in
Ordinance No. 2017-__, a companion ordinance to this local law, creating Chapter 8, “Advisory
Commissions,” in the City Code; and
WHEREAS portions of the City Charter and Code must be amended by Local Law to reflect the new
Advisory Commissions; now, therefore
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
1. The current boards and committees organizational structure is confusing to the public and
challenging for citizens to understand how to participate.
2. The Comprehensive Plan includes the following public participation goals, which will be better
realized by the new Advisory Commission structure to be adopted by separate ordinance:
a) All members of the community will know of and have opportunities to participate in
governing and decision-making processes of interest to them.
b) The City’s active outreach to the community will support high-quality public
participation.
c) All members of the community will feel confident that their voices will be taken
seriously and given respect in City decision-making processes that are important to them.
d) All members of the community will know how to access information about decisions
being made and what information is informing those decisions, and all this information
will be easily accessible to the public
3. As a result of limited City staff resources coupled with a large number of boards and committees,
many boards and committees lack regular administrative and support staff, limiting their
effectiveness.
4. Many issues that come before Common Council lack a corresponding board or committee to vet
the issues, gather public input, and develop recommendations for Common Council.
5. Under the current boards and committees structure, there is overlap between several boards and
committees causing inefficiencies, wasted resources, and breakdowns in communication. The
practice of appointing liaisons from one board or committee to another only partially addresses
these breakdowns.
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6. The recruitment, application, and appointment process necessary to fill all positions in the
current boards and committees’ structure is cumbersome, time consuming, and leads to long
vacancies on the boards and committees.
7. Chapter 8, “Advisory Commissions,” is, therefore, to be added to the City Code to create four
“umbrella” Advisory Commissions with thirty-six appointed voting members that will replace
twelve existing boards, commissions, and committees.
Based upon the above findings, the intent and purpose of this Local Law is to amend the Charter and
City Code to recognize the new Advisory Commissions. Specifically, this Local Law repeals those
portions of the Charter and Code that created the Board of Fire Commissioners and Conservation
Advisory Council, each to be replaced by the Advisory Commissions created by Ordinance 2017-__,
and amends additional provisions of the Charter or Code that are impacted by the establishment of the
Advisory Commissions.
Section 2. Charter Amendments.
To reflect the creation of Chapter 8 of the City of Ithaca Municipal Code established in Ordinance 2017-
__, and the Advisory Commissions set forth therein, the City of Ithaca Charter requires various
amendments.
(a) Subsection C-5(C)(1) of the Charter is amended as follows:
Members of boards, councils and commissions: the six Commissioners of the Board of Public
Works, the nine members of the Public Safety and Information Commission, the nine members of
the Community Life Commission, the nine members of the Mobility, Accessibility, and
Transportation Commission, the nine members of the Parks, Recreation, and Natural Resources
Commission, the 10 members of the Workforce Diversity Advisory Committee, the 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 three members of the Civil Service Commission, the 11 members of
the Commons Advisory Board, the 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
members of the Disability Advisory Council, the three members of the Examining Board of
Electricians, the three members of the Examining Board of Plumbers, the five members of the
Housing Board of Review, the 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 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 six or
more members of the Shade Tree Advisory Committee, the 10 members of the Natural Areas
Commission, the five members of Pegasys Access Oversight Committee, the seven members of the
Public Art Commission, and the nine members of the Youth Bureau 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.
(b) Subsection C-23(B) of the Charter is amended as follows:
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Prior to payment of any bill, claim or demand against the City, the Board of Fire Commissioners, the
Board of Public Works or the Common Council, as the case may be, shall certify that the materials,
supplies or equipment have been received according to purchase order or that the work, labor or
service has been rendered according to order or contract.
(c) Article VI of the Charter, Sections C-93 - C-99, is amended as follows:
§ C-93 Fire Department. All such persons as are now or shall hereafter be members of any fire
company now organized in the City of Ithaca or which may hereafter be organized by the Board of
Fire Commissioners herein provided shall be and continue a body corporate by the name of the
"Ithaca Fire Department," and such corporation, through its Board of Fire Commissioners the
Common Council of the City of Ithaca, is authorized to purchase, receive by gift or otherwise hold
and convey real and personal property for the use of said corporation; provided, however, that the
title of all real property shall be vested in the name of the City of Ithaca and the purchase or
conveyance of any real property shall be subject to the approval of the Common Council of said
City.
§ 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.
§ C-95 Organization and meetings of Board. At their first meeting in July, the Fire Commissioners
shall organize as a Board by electing one of their number as Chairperson and another as Vice
Chairperson, and by the appointment of a Clerk and such other officers and employees as authorized
for the ensuing year. The Board shall hold such stated and special meetings at such times as the
Board may determine, but at least once in each month. Three members of the Board shall constitute
a quorum.
§ C-964 Powers and duties of Board the Common Council relevant to the Fire Department. It shall
be its duty and said Board of Fire CommissionersThe Common Council of the City of Ithaca, or its
designee, shall have power:
A. To assume control and management of all apparatus, fire alarm systems, equipment, appliances,
supplies, buildings and employees exclusively in the Fire Department service.
B. To organize new companies and to disband any Department company, subject to the approval of
the Common Council; to admit new members and to transfer members, upon application and
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certification of company officers, from one company to another; and to try, reprimand, suspend
or expel any member or officer of any company for cause.
C. To authorize and direct the payment of bills and accounts incurred by it and to make such rules
and regulations in regards to the auditing and payment of such bills and accounts and for the
payment of all amounts payable out of the moneys appropriated to the use of the Board as it may
deem necessary and proper, and the same shall be paid by the City Chamberlain. The Board shall
file monthly with the Common Council a detailed statement of all bills and expenses paid,
together with the original vouchers therefor, and shall render to the Common Council at such
other times as may be required either by the Mayor or by the Common Council an itemized
statement of all its receipts and disbursements properly classified and showing the balance on
hand at the beginning and at the close of the period covered; and at the close of each fiscal year,
it shall submit an annual statement showing by suitable summaries the expenses and income of
the Department. Whenever requested by either the Mayor or the Common Council, the Board
shall also furnish any additional information in regard to its work or the cost thereof.
D. To submit to the Common Council, on or before the first day of May in each year, an estimate of
the amount of money necessary to cover the expenses of maintenance of the Department,
including all salaries and wages, equipment and supplies and for the maintenance, heating,
lighting and ordinary repairs of buildings.
E. To make and promulgate from time to time such rules, regulations and bylaws as it may deem
necessary and expedient for the government and discipline of the Department not inconsistent
with this Charter or the ordinances of the City of Ithaca or of the laws or Constitution of this
state or of the United States.
FA. To be trustees of all moneys now constituting the Active Firemen's Relief Fund, together with 1/2
of all moneys that may hereafter be received by the City of Ithaca as a Fire Department tax on
premiums on policies of foreign and alien fire insurance companies pursuant to §§ 9104 and
9105 of the Insurance Law (except the amount payable under the provisions of such law to the
Firemen's Association of the State of New York), together with any other moneys, gifts or
property whatsoever acquired for relief or benefit purposes, to be accumulated as a relief fund for
sick, indigent or disabled fire fighters, with power to draw upon such fund for temporary relief
and benefits only, as the Common Council shall determine. Said moneys shall not be used for
any other purposes, except that the BoardCommon Council may, at any time, distribute such Fire
Department tax moneys so received equally among each of the volunteer fire companies of the
City for the use and benefit of the Ithaca Fire Department and the company or companies
comprising the same so long as the balance of said relief fund shall be at least the sum of
$90,000. Said BoardCommon Council shall have full power and authority to invest such funds in
any investments legal for trust funds under the laws of the State of New York. At the close of
each fiscal year and at such other times as the Common Council shall require, said Board of Fire
Commissioners, as such trustees, shall submit to the Common Council a detailed accounting of
such fund. The City Chamberlain shall have authority to disburse such monies over which
Common Council acts as Trustee.
GB. To be trustees of all moneys now constituting the Veteran Volunteer Firemen's Relief Fund and
to pay the interest thereon to the Veteran Volunteer Firemen's Association of Ithaca annually.
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The City Chamberlain shall have authority to disburse such monies over which Common
Council acts as Trustee.
(1) Said Board Common Council is further authorized to pay from the principal of such fund
from time to time such amounts as it may deem necessary or desirable for the relief of
any sick, indigent or disabled member of the Veteran Volunteer Firemen's Association of
Ithaca, but the total amount so paid to any one member shall not exceed the sum of $200.
Such expenditures from principal shall be made, however, only upon the written
recommendation of the Board of Trustees and President of said Association. Said Veteran
Volunteer Firemen's Association of Ithaca is hereby authorized to adopt any further
regulation or restriction relating to the expenditure of the principal of such fund not
inconsistent herewith as it may deem desirable for the preservation of the fund and for the
purpose of limiting properly the amount to be withdrawn and the use thereof.
(2) Said Board of Fire Commissioners Common Council shall also pay to the Veteran
Volunteer Firemen's Association of Ithaca on March 1 and September 1 of each year 1/2
of all moneys received by the City of Ithaca pursuant to the provisions of § 9104 of the
Insurance Law of the State of New York as a Fire Department Tax on premiums on
policies on foreign and alien fire insurance companies, except the amount payable under
the provisions of such law to the Firemen's Association of the State of New York. Said
Board Common Council shall have full power and authority to invest such funds in any
investments legal for trust funds under the laws of the State of New York.
(3) At the close of each fiscal year and at such other times as the Common Council shall
require, said Board of Fire Commissioners and said Veteran Volunteer Firemen's
Association of Ithaca, New York, shall submit to the Common Council a detailed
accounting of such fund.
H To divide the employees of the Fire Department into platoons and prescribe the tours of duty for
said employees. Such tours of duty shall be in accordance with § 1015 of the Unconsolidated
Laws, except that, in the event of conflagrations or riots or other emergencies, said employees
shall remain on duty, subject to the orders of their superiors, and shall receive an extra allowance
based on their salary if they are required to perform their duties during such period of emergency
at a time when they usually would be off duty or receive compensatory time off as provided in §
1015 of the Unconsolidated Laws.
C-97 Limitation of expenditures. Said Board of Fire Commissioners shall in no year expend a sum
or incur any indebtedness in excess of the amounts appropriated by the Common Council for the use
of said Fire Department and the amounts made available pursuant to the Local Finance Law, and
such Commissioners shall be personally liable for any expenditure or indebtedness incurred In
excess of such appropriations.
C-98 (Reserved)
C-99 Student bunkers; workers' compensation. The Board of Fire Commissioners of the City of
Ithaca is hereby authorized to contract with student bunkers at the various fire stations so that said
bunkers will be covered by Workers' Compensation pursuant to § 3, Article 1, Subdivision 1, Group
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19, and § 50 of the Workers' Compensation Law of the State of New York, and such Workers'
Compensation coverage is hereby extended to said student bunkers.
Section 3. Code Amendments.
To reflect the creation Chapter 8 of the City of Ithaca Municipal Code established in Ordinance 2017-
__, and the Advisory Commissions set forth therein, the following provisions of the City Code are
hereby repealed in their entirety:
Chapter 31, “Conservation Advisory Council.”
Section 4. 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 5. Mandatory Referendum and Effective Date.
This Local Law shall be submitted to a referendum at the next feasible general election. This Local Law
shall take effect upon the filing of the Local Law in the office of the Secretary of State, after approval by
the electorate at referendum, but at no time earlier than January 1, 2018.
A vote on the resolution, as amended, resulted as follows:
Passed unanimously.
6. 2018 Budget Discussion
On the last Wednesday in July, there will be a special presentation from the Public Information and
Technology Department.
7. Meeting Wrap-up
7.1 Announcements: None.
7.2 Next Meeting Date: There will be no meeting in July. The next meeting will be on August 16, 2017.
7.3 Review, Agenda Items for Next Meeting: Alderperson McGonigal asked that the Officer Next Door
Program be put on the next agenda. Chief of Staff Cogan will invite the Acting Police Chief to the
meeting to give an update on this program.
7.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was
adjourned at 9:25 p.m.