HomeMy WebLinkAboutMN-CC-2011-03-02March 2, 2011
10.10 Attorney's Office - A Local Law to Amend the Charter of the City of Ithaca,
Section C-10 ("Election and terms of office of Mayor, Judge and Council
members"), to provide for certain two-year terms following the federal census in
conjunction with the possible redistricting of City wards
By Alderperson Cogan: Seconded by Alderperson Zumoff
WHEREAS, the federal census of the population is conducted every ten years, in years
ending in "0", such as 2010; and
WHEREAS, following any such census, it may be necessary to adjust the boundaries or
number of wards in the City of Ithaca, in order to ensure equitable representation as
required by law and/or to achieve other desirable objectives; and
WHEREAS, the Common Council intends for any such redistricting to be in effect in the
City for the 2013 general election (following thorough study and consideration of the
2010 census data and of various options for addressing ward composition in
conjunction therewith); and
WHEREAS, in order to avoid the confusing situation where one alderperson from a
ward is representing the "old" ward area (as defined before redistricting), and the other
is representing the "new" ward area (post -redistricting), the Council has, after each
census since at least 1980, provided for two-year terms for those alderpersons elected
in the following year (e.g., 1981, 1991, etc), and, in the subsequent local election year
(e.g., 1983, 1993, etc), for one-half of those alderpersons elected to have two-year
terms, while the other half have four-year terms; and
WHEREAS, the Council wishes to use this same approach following the 2010 federal
census, and to institutionalize it for future decades; and
WHEREAS, State Election Law requires the City Clerk, at least eight months before
each general election, to certify to the Board of Elections which offices will be voted on
at such election; now therefore
Local Law - 2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section C-10 of the Charter of the City of Ithaca is hereby amended (subject to
mandatory by the electors of the City) to read as follows:
[Language to be deleted is so designated;" language to be added is underlined.]
§ C-10. Election and terms of office of Mayor, Judge and Council members.
A. At the general election held in November 1995, and in every four years thereafter, a
Mayor shall be elected for a term of four years. At the general election held in
November 1989 and each sixth year thereafter, a City Judge shall be elected for a term
of six years. At the general elections held in November 1983 and in November 1985,
one Council member shall be elected from each of the {five new] City wards, as
described in § C-3 of the Ithaca City Charter, for a term of four years. Thereafter[i]
(except as described in the following paragraph), in each odd -numbered year, one
Council member shall be elected from each such ward, for a term of four years, in
place of the Council member from that ward whose term of office shall next thereafter
expire. , ' e e . Nothing in this
section shall operate to shorten the term of any public officer in office. In the case of any
special election for the office of any Council member, such vacancy shall be filled by
election from the ward from which the Council member who caused the vacancy was
elected.
B. Notwithstanding the above, the term of all Council members elected in [November
2441] the general election following the year of the decennial, federal census (for
example, in 2011 or 2021) shall be for a period of two years. In the next general
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March 2, 2011
election in an odd -numbered year thereafter (for example, in 2013 or 2023), []the
terms of one-half 141-21 of the Council members elected, at that time (to fill those
seats with expiring, two-year terms) [in November of 2003] shall be for a period of
two [four] years, while {. T]the terms of the other half {1/2] of the Council members
elected at that time, {in November 20031shall be for a period of four {two} years.
Thereafter, for the remainder of each decade (for example, 2015, 2017, and 2019),
the terms of all Council members elected in those years shall [revert to} be four years.
C. For elections of Common Council members to be held in in years ending in "3" (as
described above) [November 2003}, two Common Council members shall be elected
for each ward. On the election ballot there shall be printed, for each ward, the {an} office
of "member of Common Council for a term of four years" and the faill office of
"member of Common Council for a term of two years." In all matters affecting the
nomination and designation of candidates for election, it shall be designated whether
the candidate is seeking the office with a term of four years or the office with a term of
two years.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be
invalid or unconstitutional by a court of competent jurisdiction, then that decision
shall not affect the validity of the remaining portion.
Section 3. Mandatory Referendum.
This local law shall be submitted to a referendum at the next general election, on
November 8, 2011.
Section 4. Effective Date.
This local law shall take effect after it is approved by the electorate at the next general
election and is subsequently filed in the office of the Secretary of State.
Carried Unanimously
10.11 Attorney's Office - Approval of Agreement between Village of Cayuga
Heights and the City for Building Inspection Services - Resolution
By Alderperson Coles: Seconded by Alderperson Clairborne
WHEREAS, both the Village of Cayuga Heights and the City of Ithaca are required to
issue permits for, and cause the inspection of alterations and construction within their
jurisdictional limits; and
WHEREAS, both the City and the Village enforce the provisions of the New York State
Uniform Fire Prevention and Building Code and the New York State Multiple Residence
Law, as well as their own zoning, site plan development review, environmental review,
building, housing and fire codes, where applicable; and
WHEREAS, certain improvements are located on parcels which lie partially in both
jurisdictions, and are therefore subject to the code enforcement programs of each
municipality; and
WHEREAS, both municipalities are desirous of providing qualified building and fire
inspection services in a cost-effective manner and avoiding a duplication of services
and/or confusion to property owners to the extent possible; and
WHEREAS, the parties are desirous of entering into an inter -municipal agreement in
which the City would provide the Village with required building and fire inspection
service under the New York State Uniform Fire Prevention and Building Code and the
New York State Multiple Residence Law, to the extent applicable, for alterations and
construction taking place on property which lies within both jurisdictions; and
WHEREAS, the City has appropriate, trained and certified building and fire code
enforcement personnel; now, therefore be it
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