HomeMy WebLinkAboutMN-CC-2021-11-03COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. November 3, 2021
PRESENT:
Mayor Myrick
Alderpersons (10) Brock, McGonigal, Murtagh, Nguyen, Gearhart, Fleming,
Mehler, Kerslick, Lewis, Mohlenhoff
OTHERS PRESENT:
City Clerk – Conley Holcomb
Chief of Staff - Vavra
City Attorney – Lavine
City Controller – Thayer
Acting Planning & Development Director – Nicholas
City Planner – Wilson
Director of Sustainability Aguirre-Torres
Director of Engineering – Logue
Human Resources Director – Michell-Nunn
Superintendent of Public Works - Thorne
PROCLAMATIONS/AWARDS:
Honoring Ithaca’s Veterans
Mayor Myrick proclaimed the week of November 6-13, 2021, as Veterans Week in the
City of Ithaca. He encouraged everyone to turn on a green, public-facing, lightbulb
during this week in observance of Operation Green Light to show support for veterans
and to highlight veteran suicide prevention. He noted that City Hall would proudly
participate in this operation.
Former Alderperson and current Director of Veteran Services for Tompkins County, J.R.
Clairborne, accepted the proclamation and introduced Mary Fisk, Cornell Student
Veteran Advisor Program Manager. He explained that Ms. Fisk, the student veteran
ambassadors, and other community partners including Scott Rougeau from the Ithaca
Downtown Alliance and John Turner from Cayuga Medical Center have worked hard to
present a calendar of events for the week that encompasses the entire county. You can
find the list of events on the Tompkins County website under the Department of Veteran
Services, and Cornell’s events are listed on veterans.Cornell.edu under the news tab.
SPECIAL PRESENTATIONS BEFORE COUNCIL:
Reimagining Public Safety Collaborative
Human Resources Director Michell-Nunn provided a presentation on the progress of the
Reimagining Public Safety Collaborative. She recognized Tompkins County Chief
Equity and Diversity Officer Deanna Carrithers and the City’s new Chief of Staff, Faith
Vavra, who has joined the Project Management Team and has already provided
valuable input into the process. She reviewed New York State Executive Order 203
and it’s charge to involve key stakeholders in creating a plan to improve community and
police relationships that are based on trust, fairness, accountability, and transparency to
reduce any racial disparities. She commented that the City’s working groups have also
been charged with outlining the structure for a new public safety system.
PROGRESS UPDATE:
• Internal kickoff meetings for Plans
o Officer wellness
o DA/Assigned Counsel data
o Healing Plan
• RPS Updates in Print
o Tompkins Weekly Advertising
o Postcards being created
• Website Training Sessions Hosted & Upcoming: publicsafetyreimagined.org
o 2 public sessions completed
o Upcoming with Senior Living Facilities/Networks
November 3, 2021
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COMMUNITY JUSTICE CENTER:
• Project Director Search
o Ongoing / process underway
• Location
o Tompkins County Mental Health
Accessible
Collaborative / close to alternative response
Office space available and they will receive technical support
from the County.
LAUNCHING NEXT PLANS:
• Upcoming
o Renaming IPD
o Examining Alternative Models
o Traffic Stop Enforcement / Data
o District Attorney / Assigned Counsel Data
o Officer Wellness
o Recruitment & Retention
• Process for Launch
o Seeking community engagement
Launch on Reimagining website
o Aligning & uncovering data
o Internal stakeholder engagement
Reports of Municipal Officials
Report from the Town of Ithaca
Bill Goodman, Deputy Town Supervisor, reported on the following issues:
• The Town is continuing to work on its short-term rental law and is hoping to adopt
it by the end of the year. He noted that a major sticking point has been the
determination of how many days people in the lakefront residential zone can rent
their houses as un-hosted rentals. He explained that the Town is not planning to
put limits on the number of days you can rent out a room in your house as a
hosted rental when the property owner is present, but the general limit for most
areas in the town for un-hosted rentals is going to be 29 days. Due to the special
nature of the lakefront residential zone and the historical nature of lakeside
rentals, they are considering a limit between 6-9 months.
• Talks are continuing regarding 5G telecommunications, and changes to the
Town’s telecommunications law. They will be reviewing maps to see what the
impacts would be for a 250 ft. setback from residences which is in the current
draft, and the proposed 1,500 ft. setback distance. The Town has been following
the Town of Fishkill as Andrew Campanelli has been working with them on this
issue as well.
• Work on the Gateway Trail is nearly complete. The Town is hoping to host a
celebration and/or ribbon cutting in a couple of weeks. Residents have asked to
rename the bridge as it is commonly referred to as the “Bridge to Nowhere”.
• Mr. Goodman will step down as the Deputy Town Supervisor at the end of
December; however, he will complete the remaining two years of his term on the
Town Board.
Mayor Myrick thanked Mr. Goodman for his service as the Deputy Town Supervisor.
A Public Hearing Regarding the Proposed 2022 City of Ithaca Budget
Resolution to Open the Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Lewis
RESOLVED, That the public hearing regarding the proposed 2022 City of Ithaca Budget
be declared open.
Carried Unanimously
November 3, 2021
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The following people addressed Common Council:
Rob Cantelmo, City of Ithaca – spoke in support of the Commission Coordinator and
Constituent Services position proposed in the budget.
Sofia Franco, Grant writer for the Unbroken Promises Initiative - urged Council to
support the Unbroken Promises Initiative as a top priority.
Zachary Winn, City of Ithaca – suggested that a small amount of money be allotted to
the owner of the Ithaca Mini Mart to sell bus passes/cards that could be refilled online.
He voiced objections to funds being dispersed to the Unbroken Promise Initiative as he
believes that having the Vice President serve on the Reimagining Public Safety
committee is a conflict of interest.
Ari Y. – described a recent law enforcement incident involving four IPD Officers and a
Sherriff Deputy and stated that he was appalled that the budget for the police
department increased.
Keem Z. – supported the comments made by Ari Y. and questioned why the funding for
the police budget wasn’t going toward housing or other initiatives.
Katie Leonard - expressed support for the Unbroken Promises Initiative and voiced her
opposition to a big police budget. She stated that if the City really wanted to make a
change in the community, they need to support the most vulnerable and UPI is doing a
good job at doing that.
Jordan Clemons, Unbroken Promise Initiative – voiced his appreciation for the $50,000
proposed in the 2022 budget; however, he expressed his hope that Council would
reconsider the UPI request the $150,000. He stated that he submitted a detailed
proposal of how the money would be utilized to Alderperson Brock and the other
Council members. UPI is hoping the City of Ithaca will be an essential partner on their
project and will look to compete for additional funding from State and Federal grants,
Tompkins County, and other sources.
Resolution to Close the Public Hearing:
By Alderperson Kerslick: Seconded by Alderperson Lewis
RESOLVED, That the public hearing regarding the proposed 2022 City of Ithaca Budget
be declared closed.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
The following people addressed Common Council:
Richard John, Tompkins County Legislator, City of Ithaca, thanked Alderpersons Brock
and McMonigal for hosting a meeting with the business owners and residents of the
West End. He referred to the stories told about “camping” in the West End and the lack
of City policies to prevent it. He cited the drug and mental health issues that make it
challenging for support agencies to assist the people residing there. He noted that
business owners want to be part of the solution and suggested that perhaps Tompkins
County could collaborate with the City of Ithaca on this issue.
Jerone Gagliano, Second Ward resident, applauded the hiring of a Program Manager
for the City of Ithaca Energy Retrofitting Program. He voiced surprise that a local,
qualified, energy efficiency company was scored poorly and questioned whether the
winning company, BlocPower, would hire and/or use all local contractors and engineers.
He further addressed concerns expressed by the community about the data exemption
clause added at the last meeting to the Telecommunications legislation.
PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
Mayor Myrick thanked the speakers for participating in tonight’s meeting. He responded
to comments made by Mr. John regarding the City’s work in the west end. He noted
that the Department of Public Works, the Planning Department, the Police Department,
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and the Fire Department have all worked to assist the businesses and properties on the
West End as well as the unhoused who live there. He agreed that more work needs to
be done and voiced his appreciation to Mr. John for coming to the table as a partner in
this effort. He further commented that the City’s dedication to this issue is reflected in
its funding priorities that include Reach Medical, Black Hands Universal, the Unbroken
Promise Initiative, Ithaca Neighborhood Housing Services, and a couple of other
organizations, totaling over $1 million focused on the West End and the most vulnerable
and underserved people.
Alderperson McGonigal responded to comments made by Ari Y. and stated that he
would like more information on the incident described. He requested that Mr. Y. e-mail
him and/or the Community Police Board. Alderperson McGonigal further responded to
comments made by Mr. John regarding the issues in the West End and stated that the
City needs more resources from Tompkins County, noting that mental health and social
services are County responsibilities.
CONSENT AGENDA:
CITY ADMINISTRATION COMMITTEE:
3.1 Finance – Amendment to Chamberlain’s Personnel Roster
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, the Chamberlain’s Office is seeing retirements and job movement after
many years with the same office organization; and
WHEREAS, the City Chamberlain reviewed the current Fiscal Manager position and
determined that the growth in responsibilities and changing office work environment
merits a reorganization; and
WHEREAS, the position used to be Deputy City Chamberlain; and
WHEREAS, the Chamberlain’s Office has worked closely with HR and received
approval from the Civil Service Commission to create the Deputy City Chamberlain
position again; now, therefore, be it
RESOLVED, That the Personnel Roster of the City Chamberlain’s Office be amended
as follows:
Add: One (1) Deputy City Chamberlain
Delete: One (1) Fiscal Manager
and be it further
RESOLVED, That the position of Deputy City Chamberlain shall be assigned to the
Management Compensation Plan at salary grade 8, and be it further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees Retirement System the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the City Chamberlain’s Office budget.
Carried Unanimously
3.2 Clerk – Amendment to Personnel Roster
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, the COVID-19 pandemic has changed the manner in which the City of
Ithaca conducts business with its residents and has increased the need for
sophisticated technical solutions to protect the City’s investment in technology
infrastructure; and
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WHEREAS, the Department of Public Information and Technology has conducted a
staffing needs assessment and is in the process of updating and upgrading several key
staff positions; and
WHEREAS, the Department has identified the need to create a position with an
advanced skill set to provide the level of knowledge, skills, and experience needed to
manage the City’s technology inventory and assets; and
WHEREAS, a primary responsibility of the Information Systems Endpoint Analyst
position is to provide technical support for the City’s emergency response vehicles and
personnel; and
WHEREAS, this position is needed to provide additional support to the Information
System Managers and the proposed new Desktop Specialist position; now, therefore,
be it
RESOLVED, That the Personnel Roster of the Department of Public Information and
Technology be amended as follows:
Add: One (1) Information Systems Endpoint Analyst
Delete: One (1) Network Integration Specialist
and, be it further
RESOLVED, That the position of Information Systems Endpoint Analyst shall be
assigned to the Confidential Employees Compensation Plan at salary grade 9, and be it
further
RESOLVED, That for the sole purpose of determining days worked reportable to the
New York State and Local Employees Retirement System the standard workday for
this position shall be established at eight (8) hours per day (forty (40) hours per week),
and, be it further
RESOLVED, That the funding for this change shall be derived from existing funds within
the approved departmental budget.
Carried Unanimously
3.3 A Proposed Resolution of the City of Ithaca in Tompkins County; Agreeing to
pay the costs and responsibilities of local features (Betterments) on or along
Route 366 within the geographical jurisdiction of the City of Ithaca.
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, the New York State Department of Transportation is sponsoring a highway
resurfacing project, identified as PIN 3603.79, located on Route 366, also known as
Dryden Road, at Sta. ML 101+00 to Sta. ML 307+56, (from the east City/Town line east
to Rt 13), for a total of 3.9 miles in the towns of Dryden and Ithaca; and
WHEREAS, the State of New York has extended the milling and resurfacing limits into
the City per the request of the City of Ithaca and the plans and specifications have been
prepared and are hereby referred to as municipal work; and
WHEREAS, the City of Ithaca approves the plans of this municipal work and desires to
have this work included with the State project; and
WHEREAS, the State of New York has estimated the cost of the municipal work at
$50,000 and has agreed to include this municipal work with the State project identified
above and described in Schedule A provided the City of Ithaca agrees to pay the cost of
such Betterment(s); now, therefore, be it
RESOLVED, That the City of Ithaca does approve the cost estimate of its project to be
performed by the State; and be it further
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RESOLVED, That the City of Ithaca shall maintain such highway Betterment(s); and be
it further
RESOLVED, That the City of Ithaca will deposit with the State Comptroller in a project
escrow account the full amount of the estimate for the cost of the Betterment as
described in Schedule A of the Agreement for the payments by the State Comptroller for
the Municipal work; and be it further
RESOLVED, That in the event the cost exceeds the amount of the deposit, the City of
Ithaca shall within 90 days of the receipt of notice from the Commissioner to pay the
amount of such deficiency to the State Comptroller; and any excess of the deposit shall
be paid to the Municipality on the warrant of the State Comptroller on vouchers
approved by the Commissioner after project close out; and be it further
RESOLVED, That the City of Ithaca hereby authorizes the Mayor to enter into an
agreement with the State of New York and through the Commissioner of Transportation
to commit the City of Ithaca to maintain at its own expense the Betterment(s) on the
above-identified project; and that such agreement provides that maintenance shall
include the repair and replacement of equipment and the operation of such
Betterment(s); and be it further
RESOLVED, That the Clerk of the City of Ithaca is hereby directed to transmit four (4)
certified copies of the foregoing resolution to the State Department of Transportation
addressed through: Gina E. Miller, P.E., Sen. Hughes State Office Building, 333 East
Washington Street, Syracuse, New York 13202
Carried Unanimously
3.4 Adoption of the Tompkins County Hazard Mitigation Plan: 2021 Update
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, all jurisdictions within Tompkins County have exposure to natural hazards
that increase the risk to life, property, environment, and the economy; and
WHEREAS, pro-active mitigation of known hazards before a disaster event can reduce
or eliminate long-term risk to life and property; and
WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new
requirements for pre- and post-disaster hazard mitigation programs; and
WHEREAS, a Planning Partnership of all Tompkins County municipalities was formed
to pool resources and create consistent mitigation strategies within Tompkins County;
and
WHEREAS, the Planning Partnership completed a planning process that engaged the
public, assessed the risk and vulnerability to the impacts of hazards, developed a
mitigation strategy consistent with a set of uniform goals and objectives, and created a
plan for implementing, evaluating and revising this strategy; and
WHEREAS, the adoption of this Plan is necessary in order for the City of Ithaca to
become eligible for FEMA Hazard Mitigation Assistance; now, therefore be it
RESOLVED, That the City of Ithaca, as a participating jurisdiction in the Plan’s
development, adopts the Tompkins County Hazard Mitigation Plan: 2021 Update (the
“Plan”) as the City’s Hazard Mitigation Plan, and be it further
RESOLVED, That the City of Ithaca will:
• Use the adopted Plan to guide pre- and post-disaster mitigation of the hazards
identified;
• Continue to support the Planning Partnership as described within the plan;
including the updating of the Plan no less than every five (5) years;
• Incorporate mitigation planning as an integral component of government
operations.
Carried Unanimously
November 3, 2021
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3.5 Approval of the 2022 Amendment to the Municipal Cooperative Agreement for
the Greater Tompkins County Municipal Health Insurance Consortium
By Alderperson Mehler: Seconded by Alderperson Gearhart
WHEREAS, the City of Ithaca is a Participant in the Greater Tompkins County Municipal
Health Insurance Consortium (the "Consortium"), a municipal cooperative organized
under Article 47 of the New York Insurance Law; and
WHEREAS, the municipal participants in the Consortium, including this body, have
approved and executed a certain Municipal Cooperation Agreement (the "Agreement";
effective date of October 1, 2010); and
WHEREAS, Article 47 of the New York Insurance Law (the "Insurance Law") and the
rules and regulations of the New York State Department of Financial Services set forth
certain requirements for governance of municipal cooperatives that offer self-insured
municipal cooperative health insurance plans; and
WHEREAS, the Agreement sets forth in Section Q2 that continuation of the Consortium
under the terms and conditions of the Agreement, or any amendments or restatements
thereto, shall be subject to Board review and upon acceptance of any new Participant
hereafter; and
WHEREAS, by motion 001-2021 the Consortium's Board of Directors recommends
approval of the 2022 Amended Agreement; and
WHEREAS, the Municipal Cooperative Agreement requires that amendments to the
agreement be presented to each participant for review and adopted by its municipal
board; and
WHEREAS, the City of Ithaca is in receipt of the proposed amended Agreement and
has determined that it is in the best interest of its constituents who are served by the
Consortium to amend the Agreement as set forth in the attached 2022 Amended
Municipal Cooperative Agreements; now therefore, be it
RESOLVED, That Common Council approves and authorizes the Chief Executive
Officer to sign the 2022 Amendment to the Municipal Cooperative Agreement of the
Greater Tompkins County Municipal Health Insurance Consortium, and be it further
RESOLVED, That the City Clerk is hereby authorized to execute this resolution to
indicate its approval, transmit a copy thereof to the Board of Directors of the Greater
Tompkins County Municipal Health Insurance Consortium, and take any other such
actions as may be required by law.
Carried Unanimously
CITY ADMINISTRATION COMMITTEE:
4.1 Adoption of the 2022 City of Ithaca Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2022 at its November 3, 2021 meeting as approved by the
Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2022, and
as those amounts may be altered by action of this Common Council at its November 3,
2021 meeting, are adequate for the operation of the City during 2022; now, therefore be
it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2022, together with any additional changes made in said budget at
Council's November 3, 2021, meeting as the City of Ithaca Budget for 2022, in the total
amount of $84,334,440, and be it further
November 3, 2021
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RESOLVED, That the following sections of the 2022 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Solid Waste Fund Appropriations
E) Sidewalk Special District Fund Appropriations
F) Stormwater Drainage Special District Fund Appropriations
G) General Fund Revenues
H) Water Fund Revenues
I) Sewer Fund Revenues
J) Solid Waste Fund Revenues
K) Sidewalk Special District Fund Revenue
L) Stormwater Drainage Special District Fund Revenue
M) Debt Retirement Schedule
N) Capital Projects
O) Schedule of Salaries and Positions - General Fund
P) Schedule of Salaries and Positions - Water & Sewer Fund
Q) Schedule of Salaries and Positions - Sidewalk Special District Fund
R) Schedule of Salaries and Positions - Solid Waste Fund
S) Schedule of Salaries and Positions – Stormwater Drainage Special District
Fund
T) Authorized Equipment - General Fund
U) Authorized Equipment - Water Fund
V) Authorized Equipment - Sewer Fund
W) Authorized Equipment - Solid Waste Fund
X) Authorized Equipment - Sidewalk Special District Fund Balance
Y) Authorized Equipment - Stormwater Drainage Special District Fund
Alderperson Lewis expressed deep appreciation for the budget work that Alderperson
Mohlenhoff has completed over a number of years, but especially this year where the
budget was far more complicated. Mayor Myrick echoed those comments and
highlighted the improvements that Alderperson Mohlenhoff made to the budget process
in terms of transparency, accountability, and efficiency while managing the challenges
of COVID, ARPA funding, a transition in the Chief of Staff position, virtual meetings, and
the general understaffing of every department in the City.
Mayor Myrick noted that he supported the additional funding to the Unbroken Promise
Initiative and commented that each iteration of their proposal was stronger. He voiced
his commitment to assisting them find funding from additional agencies. Alderperson
Mohlenhoff noted that she would be willing to support matching grant opportunities as
well.
Motion to Enter into Executive Session to Discuss a Personnel Issue
By Alderperson Mohlenhoff: Seconded by Alderperson McGonigal
RESOLVED, That Common Council enter into Executive Session to discuss a
personnel issue.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
City Attorney Lavine explained that the proposed budget includes increases to the
salaries of the Mayor and Common Council. A separate Local Law to effectuate those
increases will be considered at the November 17, 2021, City Administration Committee
and voted on at the December 1, 2021, Common Council meeting. This law is subject
to permissive referendum so if approved by Common Council, it cannot take effect until
late January/early February. The salary increases can be retroactive to January 1,
2022.
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Amending Resolution:
By Alderperson Brock: Seconded by
RESOLVED, That Common Council add $150,000 to restricted contingency, to be paid
through ARPA funds, to support the Unbroken Promises Initiative proposal to explore
community building programs, new services, and to help fund proposals to provide
community resources on the West End in partnership with the City.
Motion Failed for lack of a Second
Alderperson Nguyen stated that he was open to future funding for the Unbroken
Promises Initiative (UPI) services. He noted that they have an ambitious, multi-year
plan and he is supportive of continued financial funding as this program grows.
Alderperson Lewis echoed Alderperson Nguyen’s comments and stated that it would be
good to look at future funding opportunities through grants and other funding sources.
A vote on the proposed 2022 City of Ithaca Budget resulted as follows:
Carried Unanimously
4.2 Adoption of 2022 City of Ithaca Tax Rate
By Alderperson Mohlenhoff: Seconded by Alderperson Gearhart
WHEREAS, the 2022 City of Ithaca Budget was approved, adopted, and confirmed in
the total amount of $84,334,440 on November 3, 2021, in accordance with a detailed
Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $57,699,081 leaving $26,635,359
as the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2022 certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $2,240,147,928, and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$41,894,624 for 2022; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2022, be, and
the same hereby is, established and fixed at $11.89 per $1,000 of taxable valuation as
shown, certified and extended against the respective properties on the 2022 Tax Roll,
thereby making a total tax levy, as near as may be, of $26,635,359, and be it further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of $11.89 per $1,000
of such taxable valuation, and be it further
RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain, and be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and be it further
RESOLVED, That the total sum of $84,334,440 be appropriated in accordance with the
adopted Budget to the respective Boards, Offices, and Departments of the City, for the
purposes respectively set forth therein. The 2022 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
November 3, 2021
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Total Value of Real Property $5,574,050,347
Less: Value of Exempt Property $3,371,665,900
$2,202,384,447
Plus: Value of Special Franchises $37,763,481
Net Value of Taxable Property $2,240,147,928
A vote on the Resolution resulted as follows:
Carried Unanimously (11—0)
Mayor Myrick voted Aye
Alderperson Nguyen asked what the average impact on the median home would be at
this tax rate. City Controller Thayer responded that it would result in a change of $9.60
for the median home and equates to $240,000 for the City.
Mayor Myrick stated that this year the City was able to make huge investments in
infrastructure, the workforce, and in social service provisions while also giving a tax
break to the taxpayers. The City was able to do this due to new developments,
rebounding sales tax numbers, the strength of the State’s pension fund, and the Federal
government's passage of the ARPA bill which delivered significant funding to the
community.
4.3 Adoption of 2022 Ithaca Area Wastewater Treatment Plant Budget
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, this Common Council is now considering adoption of the Amended Joint
Activity Fund Budget for 2022 as approved by the Committee of the Whole, and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for
2022 and as those amounts may be altered by action of the Common Council at its
November 3, 2021, meeting, are adequate for the operation of the Ithaca Area
Wastewater Treatment Plant during 2022; now, therefore, be it
RESOLVED, That this Common Council accepts and approves said Amended Joint
Activity Fund Budget for 2022, together with any additional changes made in said
budget at Council’s November 3, 2021, meeting, as the Ithaca Area Wastewater
Treatment Plant Joint Activity Fund Budget for 2022, in the total amount of $5,233,271;
and be it further
RESOLVED, That the following sections of the 2022 Ithaca Area Wastewater Treatment
Plant Joint Activity Fund Budget be approved:
A) Joint Activity Fund Appropriations
B) Joint Activity Fund Revenues
C) Schedule of Salaries and Positions – Joint Activity Fund
D) Authorized Equipment – Joint Activity Fund
Carried Unanimously
4.4 DPW - Confirmation of the Sidewalk Improvement District Assessments,
Budget, and Schedule of Work for Fiscal Year 2022
Alderperson Mohlenhoff: Seconded by Alderperson Gearhart
WHEREAS, Section C-73 of the City Charter creates five Sidewalk Improvement
Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an
assessment against each property located in each SID for the benefits received by the
property from said construction and repair, and
WHEREAS, the Board of Public Works has recommended a budget, schedule of work,
and schedule of assessments for Fiscal Year 2022, subject to review, amendment, and
confirmation by the Common Council, and
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WHEREAS, Section C-73 provides that Council shall amend as appropriate and confirm
the SID assessments, budget, and schedule of work after a public hearing, and
WHEREAS, the appropriate public hearing has been held, and Council has given due
consideration to the comments made, if any; now, therefore
Local Law No. 2021 -
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is
authorized to adopt a local law relating to the authorization, making, confirmation, and
correction of benefit assessments for local improvements.
The Common Council has reviewed the assessments, budget, and schedule of work
recommended by the Board of Public Works for Fiscal Year 2021, and makes the
following findings of fact:
A. The public hearing prior to confirmation required by Section C-73 has been
held, and all owners of property subject to a SID assessment appearing to speak
before Council have had an opportunity to do so.
B. The attached schedule of work, as recommended by BPW and previously
subject to review by Council, constitutes a set of local improvements, the cost of
which should be assessed against the properties located in the SID in which the
work is to be performed.
C. The attached budget, and the related assessments reflected on the
assessment roll kept on file with the City Clerk, are necessary to defray the cost
of construction and maintenance of sidewalk in the City, and Council has made a
legislative judgment that each property in each SID is being assessed in
proportion to the benefit received by that property from the sidewalk construction
and repair contained in the schedule of work.
Section 2. Confirmation of the Assessments, Schedule of Work, and Budget.
The Common Council approves and confirms the assessment roll, a copy of which is
maintained in the City Clerk’s office, and the budget and schedule of work attached
hereto, and imposes a lien upon each property so assessed as set forth in the
assessment roll.
In the event there are additional funds available following completion of the schedule of
work, or changes to the work plan are required for financial, engineering, or other
reasons, the Superintendent of Public Works or his or her designee may alter the
schedule of work in his or her discretion, as instructed by the Board of Public Works
from time to time; provided, however, that if such actions affect ten percent or more of
any Sidewalk Improvement District’s annual levy, such actions must be approved by
resolution of the Board of Public Works.
Section 3. 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 4. Effective and Operative Date.
This Local Law shall be effective immediately after filing in the office of the Secretary of
State.
November 3, 2021
12
A Roll Call vote resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal - Aye
Alderperson Nguyen – Aye Alderperson Murtagh - Aye
Alderperson Gearhart – Aye Alderperson Fleming - Aye
Alderperson Mehler – Aye Alderperson Kerslick - Aye
Alderperson Mohlenhoff – Aye Alderperson Lewis - Aye
Carried Unanimously
Alderperson Mohlenhoff expressed her thanks to City Controller Thayer, Chief of Staff
Vavra, and all the people who work behind the scenes to make the budget process
happen.
4.5 A Local Law entitled “Amendment of City Charter and Code to Enable the
Common Council to Create a City Manager Position”
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, under our current charter, the Mayor is elected every four years and serves
as the chief executive officer of the City, the political leader of the City, and the Chair of
Common Council; and
WHEREAS, as chief executive officer the Mayor oversees 11 departments, a budget of
approximately 80 million dollars, 400 employees, and six bargaining units; and
WHEREAS, As political head, the Mayor appoints committees, represents the City to
other levels of government, and articulates a vision for the future and values of the City;
and
WHEREAS, the Common Council and the Mayor believe that it is in the best interests of
the City to shift to an alternative form of government that would allow Common Council
to select and hire a trained, experienced person in the role of City Manager to be the
chief executive officer of the City and would allow the electorate to choose a Mayor who
is the political leader of the City as well as a voting member and Chair of Common
Council; now, therefore
Local Law No. 2021 -
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:
1. The current governmental structure of the City does not fully serve the best
interests of the City, insofar as:
• An elected Mayor may not have experience administering a large complex
organization
• The Mayor’s salary is not commensurate with this level of responsibility and is
significantly lower than the salaries of the department heads managed by the
Mayor
• Under this prevailing system, the Mayor is accountable to the electorate every
four years
• Though elected, the Mayor only votes with the Council to break a tie
• Even if the Mayor has a Chief of Staff that person’s role is ambiguous insofar
as department heads do not report to and are not evaluated or hired by the
Chief of Staff
• Furthermore, an appointed Chief of Staff reports directly to the Mayor and may
be replaced upon the election of a new Mayor
2. An alternative form of government would allow Common Council to select and
hire a trained, experienced person in the role of City Manager to be the chief
executive officer of the City and would allow the electorate to choose a Mayor
who is the political leader of the City as well as a voting member and Chair of
Common Council.
3. Advantages of this alternative form of government for the City of Ithaca include:
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• An appointed City Manager is hired solely for educational and professional
credentials and compensated accordingly.
• An appointed City Manager is accountable to Common Council every day and
is responsible for implementing policy formed by elected Alderpersons,
reflecting the will of the citizens.
• An appointed City Manager with long service offers stability to City government
• The Mayor is a voting member of Common Council
• There is a distinction between the administrative and political functions in City
leadership
Based upon the above findings, the intent and purpose of this Local Law is to create the
position of an appointed City Manager that will report directly to the Common Council,
which shall continue to be chaired by the Mayor, and to detail the authorities and
responsibilities of the City Manager as chief executive officer of the City, while
preserving to the Mayor the role as political leader, but not administrative head, of the
City.
Section 2. Charter Amendments This Section 2 amends only the following provisions
of the City of Ithaca Charter, with the remainder of the provisions unchanged.
(a) The text of Section C-5 (C) and (D) of the in the Ithaca City Charter, titled “Elective
and appointive officers” is amended as follows:
§ C-5 Elective and appointive officers.
C. The appointed officers of the City shall be:
(1) Members of boards, councils and commissions: the six Commissioners of the
Board of Public Works, the 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 three members of the Building Code
Board of Appeals, the five members of the Board of Zoning Appeals, the
three members of the Civil Service Commission, the nine members of the
Community Police Board, the five members of the Design Review Board, 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 seven members of the
Planning and Development Board, and the five members of Pegasys Access
Oversight Committee, 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.
(2) Officers who serve at the pleasure of the City Manager in accordance with
and subject to the provisions of Section C-13 [Mayor]: a City Attorney, who
shall serve as the head of the City Attorney’s Office.
(3) [Officers appointed by the Mayor pursuant to State Judiciary Law: a City
Court Judge.] Reserved.
(4) Officers appointed by the City Manager [ Mayor] with approval of Common
Council.
(a) Officers who serve as the heads of their respective departments, and
who are appointed by the City Manager [ Mayor] with the approval of
Common Council: City Clerk, Controller, Director of Human Resources,
Director of Planning and Development, Fire Chief, Greater Ithaca
Activities Center Director, Police Chief, Superintendent of Public Works,
Youth Bureau Director.
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(b) Officers who are appointed by the City Manager [Mayor] with the
approval of Common Council to a specific department: City
Chamberlain as appointed to the Office of the City Controller; Building
Commissioner as appointed to the Department of Planning, Building,
and Development.
(5) Officers who serve as the deputies or assistant department heads of their
respective departments, and who are appointed by their respective
department heads: Assistant City Attorney(s), Assistant Superintendent(s) of
Public Works, Deputy City Chamberlain, Deputy City Clerk, Deputy
Controller, Deputy Director of Human Resources, Deputy Director of
Economic Development, Deputy Director of Planning and Development,
Deputy Fire Chief(s), Deputy Greater Ithaca Activities Center Director,
Deputy Police Chief(s), Deputy Youth Bureau Director.
(6) The City Manager is an officer appointed by Common Council in accordance
with such appointment and removal procedures as the Common Council
may promulgate from time to time, and serves at the pleasure of the
Common Council.
D. Unless otherwise prohibited by law, the same person may be appointed to hold one
or more of said offices at the same time. The Common Council may also, prior to each
of such appointments, prescribe the duties of such officers in addition to and not
inconsistent with the duties prescribed by this Charter, except as otherwise provided for;
and subject to such provisions of the Common Council and to the provisions of this
Charter, the City Manager shall prescribe the duties and fix the rates of compensation of
all officers so appointed.
(b) The text of Section C-11 of the in the Ithaca City Charter, titled “Mayor” is amended
as follows:
§ C-11 Mayor.
A. Powers and duties. The Mayor shall: be a voting member of the City Council
and shall attend and preside at meetings of the Council; represent the City in
intergovernmental relationships, appoint with the advice and consent of the
Council the members of citizen advisory boards and commissions; present an
annual state of the City message; appoint the members and officers of Council
committees; assign subject to the consent of Council agenda items to
committees, and perform other duties specified by the Common Council; be
recognized as head of the City government for all ceremonial purposes and by
the governor for purposes of military law but shall have no administrative
duties; have power to administer oaths and take affidavits and
acknowledgments; to recommend, in writing, to the Common Council, from time
to time, such measures as the Mayor shall deem necessary or expedient for it to
adopt; and possess all the power and authority conferred upon the Mayors of
cities of the same class by any general statute of the state.
B. Compensation. The Mayor shall receive such compensation as may be fixed
and determined by the Common Council and no other fee or reward excepting
necessary expenses and disbursements incurred.
[A. The Mayor of the City of Ithaca shall be the chief executive officer thereof and
shall, when present, preside at all meetings of the Common Council.
B. Powers and duties.
(1) It shall be the duty of the Mayor:
(a) To take care that within the City the laws of this state and the ordinances and
bylaws passed by the Common Council shall be faithfully executed and, as
head of the police of said City, to arrest or cause the arrest of all persons
violating the same.
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(b) To exercise constant supervision over the conduct of all subordinate officers
and to receive and examine into all complaints against them for misconduct or
neglect of duty.
(c) To appoint, at the first meeting of the Common Council in each year or as soon
thereafter as may be, all standing committees required by the rules of the
Common Council and all special committees of the Common Council, unless
by it otherwise ordered.
(d) To recommend, in writing, to the Common Council, from time to time, such
measures as the Mayor shall deem necessary or expedient for it to adopt.
(e) To approve or disapprove of all bills, orders, resolutions or ordinances which
shall have passed the Common Council; and if the Mayor disapproves, the
same shall be returned to the Common Council or to the Clerk thereof with
the Mayor's objection, in writing, which shall be filed by the Clerk; and the
Common Council may, at its next meeting thereafter, proceed to reconsider
such ordinance, resolution, order or act thus disapproved; and if the same shall
be passed by the votes of 2/3 of all the alderpersons then in office, the same
shall have full force and effect, notwithstanding the objection of the Mayor. If
any such bill, order, resolution or ordinance shall not be so returned by
the Mayor to the Common Council or Clerk within five days after it shall have
been passed, such ordinance, resolution, order or act shall have full force and
effect in like manner as if duly approved by the Mayor, unless the term of office
of the Mayor shall have expired within five days after the same shall have been
passed, in which case such ordinance, resolution, order or act shall have no
force.
(2) The Mayor shall have power, summarily, to hear, try and determine any
complaint for misconduct or neglect of duty against any officer of the City
appointed by the Mayor and to suspend or remove said officer; provided,
however, that at the next meeting of the Common Council after such removal,
the Mayor shall state the reasons therefor, in writing, which shall be spread
upon the minutes kept by the Common Council.
(3) The Mayor shall have power, summarily, to revoke any license issued by
him/her to any milk delivery person, hacker, carter, peddler or street dealer or
for the exhibition of any show.
(4) When authorized by the Common Council or Board of Public Works so to do,
the Mayor shall execute, in behalf of the City, all deeds, contracts and other
papers to be executed as the acts of the City, except as otherwise provided by
the Local Finance Law.
(5) The Mayor shall have power to administer oaths and take affidavits and
acknowledgments.
(6) The Mayor shall have power to prescribe the duties and fix the rate of
compensation of all officers appointed by the Mayor and of all employees of
the City not otherwise provided for by this Charter.
(7) The Mayor shall possess all the power and authority conferred upon the Mayors
of cities of the same class by any general statute of the state.
(8) The Mayor may, upon complaint being made to the Mayor under oath, issue a
warrant to any police officer in the City of Ithaca to arrest any person charged
with any crime or misdemeanor or with violation of any of the laws or statutes
of the state within said City and to bring such person for examination or trial
before the City Judge or Acting City Judge, and such warrant may be executed
by any officer to whom it is directed at any place within the state without
endorsement. When such process shall be made returnable before the City
Judge, such officer, upon the same being returned to said officer or the
prisoner arrested by virtue thereof being brought before said officer, shall take
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and acquire jurisdiction of the subject matter and proceed with the case to the
same extent and in the same manner and in all respects as if such process
had been originally issued by said judge.
(9) The Mayor shall have power at all times to examine the books, vouchers and
papers of any officer or employee of said City and to summon and examine,
under oath, any person connected therewith.
(10) It shall be the duty of the Mayor, either in person or by the aid of a competent
expert, to know the manner in which the accounts of the City and of the various
boards are kept; to exercise general supervision thereof; to require the
submission of the statements provided for by this Charter and such additional
statements as the Mayor may deem necessary and to cause the annual
statements to be published; to exercise the right of veto as to any resolution of
any board created or continued by this Charter making unlawful expenditure or
any expenditure in excess of its appropriation not otherwise provided for; to
make recommendations for the consideration of any said boards; and to make
such investigations and reports in regard to the work and transactions thereof
as the Mayor may deem necessary or advisable for the information of the
inhabitants of the City or otherwise.
C. The Mayor shall receive such compensation as may be fixed and determined by
the Common Council and no other fee or reward excepting necessary
expenses and disbursements incurred. ]
(c) The text of Section C-12 in the Ithaca City Charter, titled “Council Members” is
amended as follows:
It shall be the duty of every Council member in said City:
A. To attend the regular and special meetings of the Common Council.
B. To act upon committees when thereunto appointed by the Mayor or Common
Council.
C. To report to the Mayor and/or City Manager all officers who are guilty of any
official misconduct or neglect of duty.
D. To aid in maintaining peace and good order in the City.
E. To perform or assist in performing all such duties as are enjoined upon the
Council members of the City separately or upon the Common Council thereof.
(d) The text of Section C-13 in the Ithaca City Charter, titled “City Attorney” is amended
as follows:
A. The [Mayor]City Manager shall [select]appoint a City Attorney, subject to the
approval of the Common Council. Once approved, the City Manager may remove the
City Attorney with or without cause, but only on forty-five days’ written notice to the
Common Council, unless after such notice two-thirds of the Common Council votes to
waive the remainder of the notice period. The Common Council may act by majority
vote during the notice period to prevent the removal of the City Attorney.
B. The compensation of the City Attorney and terms of payment shall be fixed by the
Common Council. The Common Council shall pay the City Attorney all disbursements
or expenses which the City Attorney may legally incur in behalf of the City and which
may be incurred under the direction of the Common Council, [or Mayor] City Manager,
or any board or officer, as provided by this Charter. The City Attorney must be a
resident of Tompkins County, New York, with his/her principal place of business in the
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City of Ithaca, New York. It is not necessary that the City Attorney be a resident of the
City of Ithaca.
[B]C. The City Attorney shall prosecute and defend the actions and proceedings by and
against the City and every department thereof; shall be the official legal advisor of the
City Manager, [Mayor,]the Common Council, the boards and other officers of the City;
shall, when required, prepare all legal papers, contracts, deeds and other instruments
for the City and the different departments thereof; shall attend the meetings of the
Common Council and of the Board of Public Works; shall, when requested by the Board
of Public Works, attend to all of the proceedings under this Charter in relation to
improvements, local or otherwise, and conduct the same in a legal manner; shall pass
upon the legality of all bills or claims presented to the Common Council or the Board of
Public Works which may be presented to the City Attorney for that purpose; and shall
perform such other and professional services relating to the City as the [Mayor]City
Manager or Common Council shall direct. It shall be the duty of the City Attorney to
appear in behalf of the People in proceedings before the City Judge whenever, in the
judgment of the [Mayor]City Manager or a majority of members of the Common Council
or Board of Public Works, the interests of the City require it. If the City Attorney [certifies
to the Common Council]determines that there is need for the assistance of additional
counsel on questions or matters submitted to the City Attorney or if, in the judgment of
the [Mayor] City Manager, other or additional counsel should be employed, the
[Common Council may authorize the Mayor]City Manager [to] or City Attorney may
employ counsel thereon within such budgetary authorization as made available by the
Common Council; and except upon such [authorization]determination, the City Attorney
and staff of the City Attorney’s Office shall be the sole attorneys and counselors of the
City and of its various boards and departments.
[C]D. Whenever any papers in any proceeding or action by which the City is affected
shall be served upon any officer of the City, such officer shall forthwith deliver the
same to the City Attorney, who shall thereupon take such actions in the matter as
shall be necessary to protect the interests of the City; provided that periodically, at
[until the next] meetings of the Common Council, [when]the City Attorney shall
report on [thereon concerning]such proceedings of sufficient import to merit report,
and make recommendations thereon. The City Attorney shall keep a record or
register of all suits and proceedings in which the City Attorney is involved as City
Attorney. The City Attorney shall have power to authorize any attorney to
temporarily appear for the City Attorney, in case of absence or illness, for and in
behalf of the City in any suit or proceeding. All costs of actions and proceedings
when the City is a party shall belong to the City or, when collected, shall be paid to
the City Chamberlain and be credited to and form a part of the contingent fund.
Upon termination of service, the City Attorney shall deliver to the successor City
Attorney, as soon as engaged, the record or register of all suits and proceedings in
which the City or any of its departments may be a party, to the end that a suitable
order may be entered making the substitution.
(e) The text of Section C-14 in the Ithaca City Charter, titled “City Prosecutor” is
amended as follows:
A. The []City Attorney, or an Assistant City Attorney so designated from time to
time by the City Attorney, shall [] be the City Prosecutor. []
B. The City Prosecutor shall conduct all prosecutions for crimes and offenses
cognizable by the City Court of Ithaca, except felonies and such misdemeanors
as the District Attorney chooses to prosecute, including violations of ordinances
of the City of Ithaca, prosecutions of crimes and offenses upon the complaint of
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all departments and officers of the City of Ithaca and prosecutions and
violations of rules duly promulgated by the various boards and departments of
the City of Ithaca.
(f) The text of Sections C-16(C) and (E) in the Ithaca City Charter, subsections of
“Community Police Board,” are amended as follows:
C. The Community Police Board shall act as community liaison to the Police
Department, actively fostering positive communication between police and all
segments of the community. It shall make provisions for resolving complaints by
the citizenry related to the delivery of police services. Using established
procedures, the Board may recommend action against any member of the Police
Department. It shall recommend, on its own initiative or at the request of the
Mayor, the City Manager, the Common Council or the Police Chief, on any matter
affecting the policy or performance of the Police Department, including finances
and budget. It shall perform such other related duties as requested by the Mayor,
the City Manager or Common Council.
…
E. The Board shall give written annual reports to the Mayor, the City Manager and
the Common Council regarding its activities and the changes it has sought and
achieved.
(g) The text of Section C-17(A)(2) and (B) in the Ithaca City Charter, subsections of
“Police Department,” are amended as follows:
(2) It shall be the duty of the Chief of Police to keep a record of all arrests and of all
services performed by the Police Department and to keep a record of all articles
taken from persons arrested or seized on warrant or otherwise, together with the
disposition made thereof. The Chief of Police shall, upon request of the Police
Commissioners, make a report as to the condition of the Department and
whether any member of the force is delinquent in the performance of the rules
and regulations prescribed for the control and conduct of police officers and of
the directions given by the []City Manager or Common Council in relation
thereto.
…
B. The []City Manager, upon the recommendation of the Chief of Police, may
appoint such special police officers as may be necessary. Such appointments
may be for definite terms stated in certificates of appointment or may be for
indefinite terms, in which latter case such special police officers shall continue
as such until their appointments are revoked by the []City Manager, with or
without cause. The certificate of appointment shall set forth, among other things,
the term for which such special police officer is appointed, or, if such
appointment is for an indefinite term, the certificate shall so state. It shall also
state the limits of the jurisdiction of such special police officers. The City Clerk
shall keep a record of all such appointments, which shall set forth the name of
each special police officer, his/her address, the term for which he/she is
appointed and the limits of his/her jurisdiction. All persons heretofore appointed
as special police shall continue as such until the expiration of their several terms
or, if appointed for an indefinite term or without term, until their several
appointments are revoked by the []City Manager.
(h) The text of the following subsections of Section C-26.1 in the Ithaca City Charter,
titled “Discipline and removal of selected officers” is amended as follows:
§ C-26.1 Discipline and removal of selected officers.
A. Application of this section.
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(1) The following City officers are subject to the discipline and removal procedures
found in this section:
(a) Director of Code Enforcement [].
(b) City Chamberlain.
(c) City Clerk.
(d) City Controller.
(e) Director of Human Resources.
(f) Assistant City Attorney.
(g) Deputy City Chamberlain.
(h) Deputy City Clerk.
(i) Deputy City Controller.
(2) Notwithstanding any other designation of applicability in this section, the
discipline and removal procedures found in this section shall not apply to City
officers who are subject to Civil Service Law for reasons which attach to the
individual rather than the office.
(3) The following City officers are subject to the discipline and removal procedures
found in §§ 75 and 76 of New York Civil Service Law, as amended:
(a) Youth Bureau Director.
(b) Director of Planning and Development.
(c) Superintendent of Public Works.
(d) Police Chief.
(e) Fire Chief.
(f) Deputy Fire Chief.
…
E. The final decision-maker is the Common Council, or the Council's designee if the
Common Council delegates the power to impose a penalty, but under no
circumstances, shall [:
(1) Shall] the penalty of removal be imposed in any manner inconsistent with
§26.1(N). [2G.1(N);]
[(2) Shall the Mayor be the final decision-maker; nor
(3) Shall the Mayor vote, discuss or otherwise participate as a member of the
Council for the purposes of this section. ]
F. Who may commence and prosecute an action. The City Manager [Mayor or
the Mayor's designee ] may commence and/or prosecute an action under this
section.
…
I. Commencement of the hearing.
(1) An officer against whom an action is commenced may request a hearing
regarding the action and must make any such request in writing to the City
Manager [ Mayor ] within 10 days of the service of the notice of charges.
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(2) The City Manager [ Mayor], after receiving a written request for a hearing, must,
within seven days of receipt of that request, forward such request to Common
Council.
(3) If the officer against whom an action is commenced requests a hearing within the
applicable time period, the hearing may not begin less than seven days after the
answer to the notice of charges is forwarded to Common Council.
(4) The hearing must begin within 45 days after the service of the notice of charges
unless the parties otherwise agree.
…
K. Disciplinary action prior to the final determination. The City Manager [ Mayor] may
impose any penalty short of removal that the City Manager [ Mayor] deems
appropriate prior to the final determination, but if such interim penalty includes
suspension without pay, such suspension may not continue for longer than 30
days.
L. Hearing officer.
(1) The hearing officer is the Common Council or the Council's designee, but under
no circumstances shall the City Manager [ Mayor] be the hearing officer.
(2) The hearing officer may make findings of fact and recommend the imposition of
any type of penalty to the final decision-maker.
(3) The hearing officer, if so designated by the Common Council, may be the final
decision-maker, but under no circumstances may the penalty of removal be
imposed in any manner inconsistent with § C-26.1N.
…
N. Penalties if found guilty.
(1) Discipline less than removal may be imposed as deemed appropriate by the final
decision-maker.
(2) The penalty of removal may be imposed only by the affirmative vote of 2/3 of the
Common Council[, exclusive of the Mayor].
(3) An officer must be provided with written notice of the penalty imposed.
O. Action upon acquittal. An officer who is acquitted of charges must be restored to
the officer's most recent position with full pay for the suspension period, if any,
less any unemployment benefits received for the suspension period and less
any earnings from employment secured by the officer after the suspension
began.
P. Appeals. An officer may appeal the final determination as authorized by law.
Q. This section is expressly intended to supersede General City Law § 4.
(i) The text of Article III, titled “Common Council,” Section C-30, titled “Procedure at
meetings; minutes; quorum,” subsections (B)(1) and (3), subsections of “Voting” in
the Ithaca City Charter, are amended as follows:
(1) In the proceedings of the Common Council, each member present shall have a
vote []including the Mayor[].
…
[]
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(j) The text of Article III, titled “Common Council,” Section C-33, titled Acting Mayor;
Alternate Acting Mayor, subsection A in the Ithaca City Charter, is amended as
follows:
A. By the time of the first regular Common Council meeting of each year, the Mayor
shall appoint a member of the Council to serve (when needed) as Acting Mayor
until the next such annual appointment or replacement by the Mayor. In the
Mayor’s absence or in the event of a vacancy in the office of the Mayor, the
Acting Mayor shall preside at meetings where the Mayor would normally preside,
if there is no other provision for another officer to preside at that meeting in the
Mayor’s absence. In the event that the Mayor is unable to perform the other
duties of the Mayor’s office, due to absence and unavailability, sickness or
incapacitation, or resignation, removal or death, the Acting Mayor shall be vested
with all the powers and perform all the duties of the Mayor, except as specified
herein, until the Mayor shall resume the duties of the office or until any vacancy
in the office of Mayor shall be filled for the unexpired term, by election according
to law. The Acting Mayor shall not be authorized to make appointments[], unless
the Mayor is absent or incapacitated for more than 30 days. [] The Acting Mayor
shall sign all necessary papers with the Mayor’s name, adding thereto the words
"Acting Mayor."
(k) The text of Article III, titled “Common Council,” Section C-38, titled “Enactment of
ordinances and resolutions; penalties,” subsection B, titled “Enactment procedure,”
subsection 1 in the Ithaca City Charter, is hereby amended as follows:
(1) Every ordinance or resolution imposing any penalty or forfeiture for the violation
of its provisions shall take effect upon its enactment or adoption, subject to
[]publication of a notice as hereinafter provided. The notice shall contain the title
and a brief description, together with a statement that such ordinance or
resolution is on record with the City Clerk, which notice shall be published at
least once in the official newspaper of the City of Ithaca before it shall become
effective. It shall not be necessary to publish any ordinance, resolution, rule or
regulation to be enforced within the City except as herein provided.
(l) The text of Section C-40 in the Ithaca City Charter, titled “Estimates of revenues and
expenditures” is amended as follows:
§ C-40 Estimates of revenues and expenditures.
A. On or before the first day of August each year, or at such earlier date as the City
Manager [ Mayor] may prescribe, but not before the first day of July, the head of
each quasi-independent board or commission receiving funds on a budgeted
basis, or a designee, and the head of each department or other spending unit of
the City government shall furnish to the City Controller an estimate of revenues
and expenditures of such unit or authorized agency for the ensuing fiscal year.
B. Estimates shall be submitted in such form and with such additional information as
the City Manager [Mayor] and the Controller shall prescribe.
C. Such estimates of expenditures shall be based on and shall be accompanied by a
proposed work program prepared by each department head for such funds and
such work program shall justify the funds requested.
D. The City Controller shall also present to the Common Council a statement of
balances of funds on hand and available for application toward the reduction of
taxes in the ensuing year.
(m)The text of Section C-41 (D) in the Ithaca City Charter, titled “Levy of taxes; lien” is
amended as follows:
§ C-41 Levy of taxes; lien.
November 3, 2021
22
D. Such roll shall then be delivered to the City Chamberlain not later than the 31st
day of December, with a warrant annexed under the hand of the City
Manager [ Mayor] and City Controller and the seal of the City, commanding said
Chamberlain to receive, levy and collect the several sums in the roll specified as
assessed against the person or property therein mentioned or described and to
return said warrant and roll within 11 months after the date of the warrant,
unless such time is extended by resolution of the Common Council.
(n) The text of Section C-52 (B) in the Ithaca City Charter, titled “Extraordinary purpose
expenditures; special election” is amended as follows:
§ C-52 Extraordinary purpose expenditures; special election.
B. Every resident of the City of the age of 18 years and every resident corporation
whose name shall be in the assessment roll made, completed and certified by
the Assessors of said City next preceding said special election and upon whose
property or upon whom, as the owner or possessor of property, a tax may be
assessed upon said roll, and no other person or persons whatever, shall be
entitled to vote at said special election. If any person is assessed in any trust
capacity representing property mentioned or named in said roll, he/she shall, if a
resident of said City and 18 years of age, be considered a qualified voter and
entitled also to cast one vote as such trustee. Said assessment roll made by the
Assessor or Assessors, or a copy thereof certified by the
City Chamberlain [Clerk and the Mayor] of said City, shall be evidence of the
names and assessments as aforesaid.
(o) The text of City Code Section C-62 (B), titled “Program for development of arts” is
amended as follows:
§ C-62 Program for development of arts.
B. Agreements. The City Manager [ Mayor], with the approval of the Board of Public
Works, is hereby authorized to execute agreements with individuals or
corporations permitting the erection of a theater and other facilities on former
municipal airport lands as more particularly shown on a map entitled "Ithaca
Municipal Airport," dated August 26, 1957, filed in the office of the City
Engineer, upon such terms as said Board may determine, subject to the general
conditions hereinafter set forth.
(p) The text of City Code Section C-86, titled “Statement of receipts and disbursements”
is amended as follows:
§ C-86 Statement of receipts and disbursements.
The Board of Public Works shall, quarterly and at such other times as may be required
either by the City Manager [Mayor] or by the Common Council, render to 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 cost and the income of each department.
Whenever requested by either the City Manager [Mayor] or by the Common Council, the
Board shall also furnish any additional information in regard to its work or the cost
thereof.
(q) The text of Section C-103 in the Ithaca City Charter, titled “Razing buildings to arrest
and extinguish fires” is amended as follows:
§ C-103 Razing buildings to arrest and extinguish fires.
The City Manager [ Mayor or Acting Mayor] shall have power to cause buildings to
be pulled down, blown up or removed for the purpose of arresting the progress of
fires and for the extinguishment of the same. In case a building shall be pulled down,
blown up or removed under such authority for the purposes aforesaid and said
building shall be insured, the owner thereof shall be entitled to recover from said City
damages to the same extent that he/she would have been entitled to recover against
the insurers in case such building had been destroyed by fire.
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(r) The text of Section C-111 in the Ithaca City Charter, titled “Attendance at
conventions, conferences and schools” is amended as follows:
§ C-111 Attendance at conventions, conferences and schools.
A. Attendance to be authorized. The Common Council of the City of Ithaca does
hereby delegate and grant to the City Manager [ Mayor ]of said City the power
to authorize the attendance of all officials, officers and employees of said City at
official and unofficial conventions and conferences of municipal officers or
employees or any school conducted for the betterment of municipal government
if believed to be of benefit to the municipality.
B. Claims for expenses. Where authorization to attend a convention, conference or
school shall have been granted by the City Manager [Mayor], no claim for
expenses shall be audited, allowed or paid unless there shall have been an
appropriation by the Common Council for these expenses of travel and unless
there shall be attached thereto a travel order or similar document signed by
the City Manager [Mayor] authorizing the claimant to attend such conference,
convention or school.
Section 3. Amendments to the City Code - This Section 3 amends only the following
provisions of the City of Ithaca Municipal Code, with the remainder of the provisions
unchanged.
(a) The text of City Code Section 4-1 “Office of Mayor” is amended as follows:
§ 4-1 Powers and duties of Mayor.
As provided in Article II of the Charter and in addition thereto, the Mayor shall have,
but not by way of limitation, the following powers and duties:
A. Serve as presiding officer of the Common Council, pursuant to § C-11 of the
Charter.
B. Serve as presiding officer of the Board of Public Works, pursuant to § C-58 of the
Charter.
[C. Serve as the chief executive officer of the city, pursuant to § C-11 of the
Charter.
D. Appoint, except as otherwise provided by the Charter, all department heads and
appointive heads of administrative units of the City government, subject to
approval or affirmation by the Common Council.
E. Appoint all officers of the City government for whose appointment no other
provision is made by law.
F]C. Appoint the members of boards, commissions and other bodies, as required by
the Charter or this Administrative Code, and such ad hoc or advisory
committees as will, in his/her judgment, aid in the effective administration of the
city.
[G. Direct and monitor the governmental activities of units under his/her control with
respect to the quality and cost of delivering City services and, to the extent of
his/her authority, deal similarly with quasi-independent boards, commissions
and agencies.
H. Recommend to the Common Council such departmental changes and functional
assignments as will, in his/her judgment, improve the quality of services
rendered or control the cost of the same, where such changes require Common
Council action.
I. Submit or cause to be submitted to the Common Council for approval,
procurement policies for the purchase, sale, rental and servicing of all materials,
November 3, 2021
24
supplies and equipment for the City and, upon such approval, provide for the
implementation and monitoring of the same.
J. Negotiate or cause to be negotiated, with Common Council approval, and
administer on behalf of the City agreements with recognized employee
representatives concerning conditions of employment, wages, employee sick
leave, vacation, health insurance, retirement plans and other personnel matters
and recommend to the Common Council necessary action as he/she from time
to time deems necessary.
K. Submit to the Common Council for approval and, upon such approval, administer
a salary plan for City employees and periodically have resurveyed prevailing
salaries and benefits and recommend amendments to the Common Council in
order to eliminate inequities, recruiting difficulties and employee turnover.
L. Authorize, within appropriations therefor, any officer or employee paid from City
funds to attend, at City expense, any convention, conference, school or function
deemed to be in the interests of the city.
M. Transfer employees temporarily between units of the Executive Branch of the
City government.
N. Determine what officer or employee shall exercise powers or perform duties not
otherwise assigned by the Charter, this Administrative Code, local law or
ordinances of the Common Council, applicable provisions of law or
administrative orders of higher authority having the effect of law. ]
[O]D. Represent the City or arrange representation in dealing with agencies of the
federal, state and county governments and regional authorities for the purpose
of obtaining funds or services beneficial to the City and its inhabitants.
[P]E. Represent the City or arrange representation in dealing with private agencies,
educational institutions and other bodies which provide funds, services or
advice to the city.
[Q]F. Represent the City or arrange such representation in meetings and
discussions with governmental and private groups, where his/her participation
or representation will be beneficial to the city.
[R]G. Encourage and deal with individual corporations and others whose operations
may be brought to Ithaca, who may be persuaded to remain in Ithaca or to
expand their operations in the City in accordance with the General Plan adopted
by the Common Council.
[T]H. Serve as Chairperson of the interdepartmental Capital Program Committee, to
ensure that all capital program applications are properly substantiated for
consideration by the Capital Improvement Review Committee.
[U. Prepare or cause to be prepared annually an executive budget pursuant to
Article III of this chapter and, when adopted by the Common Council, monitor
compliance with its provisions. ]
[V]I. Address the Common Council annually at its first regular meeting in January
and at such other times as he/she deems appropriate with respect to the needs
and resources of the city, including such programs and proposals for the good
of the City as he/she may wish to recommend.
[W. Execute on behalf of the city, when so authorized by the Common Council, all
deeds, contracts and other documents to be executed as the acts of the City
except as otherwise provided by law.
X. Declare the existence of an emergency affecting the life, health or safety of
inhabitants of the City and, except as otherwise specifically provided by law,
November 3, 2021
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perform all acts necessary for the protection of such inhabitants, and execute all
necessary documents to effectuate this authorization. ]
[Y]J. Perform such other and related duties as the Common Council shall
prescribe.
(b) The text of City Code Section 4-2 “Capital Program Committee” is amended as
follows:
§ 4-2 Capital Program Committee.
There shall be in the Office of City Manager [ Mayor] an interdepartmental Capital
Program Committee, consisting of the City Manager [ Mayor] as Chairperson, the
Director of Planning and Development, the Superintendent of Public Works and the
Controller. The function and duties of the Committee shall be, but not by way of
limitation, the following;
(c) The text of City Code Section 4-5, titled “Preparation of proposed budget” is
amended as follows:
§ 4-5 Preparation of proposed budget.
The City Manager [ Mayor], with the assistance of the Controller in his/her role as
Budget Officer, shall be responsible for preparation of and submission to the
Common Council of one proposed executive budget each year.
(d) The text of City Code Section 4-6, titled “Capital budget forecast; procedure;
guidelines” is amended as follows:
§ 4-6 Capital budget forecast; procedure; guidelines.
A. Submission to Controller and Capital Program Committee. On or before the 15th
day of April of each year or such earlier date as the City
Manager [ Mayor ]may prescribe, the head of each quasi-independent board or
commission, department or other spending unit shall furnish to the Controller a
description, justification and estimate for each physical public improvement or
works, hereinafter called "capital project," which he/she proposes for
development during one or more of the ensuing six fiscal years. Each capital
project request shall show:
…
C. Guidelines.
(1) The Chairperson of the Budget and Administration Committee shall present its
findings and its recommendation for total capital expenditures to the Common
Council at its first meeting in August.
(2) Following its deliberations, the Chairperson of the Budget and Administration
Committee shall inform the City Manager [ Mayor] of the Common Council's
guidelines for finalizing the capital budget section of the executive budget. This
shall be done not later than September 15 each year.
(3) None of the tentative decisions arrived at during the foregoing shall be binding
upon the parties during their subsequent finalizing of the executive budget.
(e) The text of City Code Section 4-7, titled “Proposed capital budget” is amended as
follows:
§ 4-7 Proposed capital budget.
A. The City Manager [ Mayor], with the assistance of the Controller, shall proceed to
prepare his/her proposed capital budget, which shall be arranged so as to give
in parallel columns not less than the following comparative information for the
appropriations and methods of financing capital projects.
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(1) Appropriations for the last completed fiscal year.
(2) Appropriations for the present fiscal year.
(3) Recommendations of the City Manager [ Mayor] for the ensuing fiscal year.
(f) The text of City Code Section 4-8, titled “Proposed operating budget” is amended as
follows:
§ 4-8 Proposed operating budget.
A. Procedure.
(1) On or before the first day of August each year or at such earlier date as the City
Manager [ Mayor] may prescribe but not before the first day of July, the head
of each quasi-independent board or commission receiving City funds on a
budgeted basis, or his/her designee, and the head of each department or other
spending unit of the City government shall furnish to the Controller an estimate
of revenues and expenditures of his/her respective unit or authorized agency
for the ensuing fiscal year, exclusive of capital projects.
(2) Each estimate shall show the sources of revenues and the character and object
of expenditures, which may be subclassified by functions and activities,
designated according to the Uniform System of Accounts previously
mentioned.
(3) The estimate of each unit or agency shall be subdivided according to the
internal organization of such unit.
(4) Estimates shall be submitted in such form and shall contain such additional
information as the City Manager [ Mayor] and the Controller shall prescribe,
provided that the estimate of expenditures shall constitute or be accompanied
by a request for an appropriation.
(5) Such estimates of expenditures shall be based on and shall be accompanied by
a proposed work program prepared by each applicant for such funds and such
proposed work program shall justify the funds requested.
(g) The text of the following subsections of City Code Section 4-9, titled “Proposed
executive budget” is amended as follows:
§ 4-9 Proposed executive budget.
A. Information required.
(1) Upon the completion of the review and investigation of the estimates and
requests from the various units and authorized agencies, the Controller shall
prepare the proposed executive budget, under the direction of the City
Manager [ Mayor], for both current operating and capital purposes. The
proposed operating budget shall be in such form as the City
Manager [Mayor] may deem advisable and shall show, in parallel columns, the
following comparative information:
(a) The actual expenditures and revenues for the last completed fiscal year.
(b) The budget as modified for the current fiscal year.
(c) The estimates of expenditures and revenues for the ensuing fiscal year submitted
by the heads of the various quasi-independent agencies, departments and other
units.
(d) The Controller's recommendations and estimates as to expenditures and
revenues for the ensuing fiscal year.
(e) The executive budget as proposed by the City Manager [Mayor].
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(2) The proposed capital budget shall be established according to procedures
stipulated in § 4-6 of this chapter, in conformity with the Uniform System of
Accounts previously mentioned.
B. Detailing of recommendations. The recommendations for expenditures in the
proposed executive budget shall be classified by units and their subunits or by
special funds. Such recommendations shall show the character and object of
expenditure and shall contain:
(1) An estimate of the several amounts which the City Manager [ Mayor] deems
necessary in the ensuing fiscal year for conducting the business of the City and
each unit thereof, separately stated, and for other City purposes and charges,
classified to show separately:
(a) The ordinary recurring expense of the operation and the maintenance of City
government; and
(b) Any extraordinary or nonrecurring expenses to be financed from current
revenue.
(2) An estimate of the general contingent fund which the City
Manager [Mayor] recommends to be provided for unanticipated or emergency
City purposes or charges.
(3) A statement of the several amounts recommended by the City
Manager [ Mayor] for appropriation to the reserve funds and sinking funds, if
any.
(4) A statement of the amount required to pay the interest on and amortization of or
redemption of indebtedness becoming due in the ensuing fiscal year.
(5) An estimate of the amount to be paid to school districts on account of unpaid
school taxes to be returned to the City during such year.
(6) The amount of any judgment recovered against the City and payable during the
fiscal year and for which no bonds have been or will be issued.
…
D. Additional data concerning debt. In addition to items of operation and
maintenance, the proposed executive budget shall include or be supplemented
by a statement showing the bonded indebtedness of the City government and
its quasi-independent boards, commissions and other units, the debt
redemption and interest requirements, the indebtedness authorized and
unissued, the condition of the capital reserve and sinking funds and the
borrowing capacity of the City and any other matter which the City
Manager [Mayor] may deem advisable or the Common Council may require.
(h) The text of City Code Section 4-10, titled “Budget legislation and message” is
amended as follows:
§ 4-10 Budget legislation and message.
B. Submission to Common Council.
(1) On or before the first day of October of each year, the City
Manager [ Mayor] shall submit to the City Controller for distribution to the
members of the Common Council the proposed executive budget, including
both the proposed operating budget and the proposed capital budget for the
ensuing fiscal year, the proposed appropriation and tax levying legislation as
prescribed by Subsection A of this section, and an accompanying budget
message as prescribed by Subsection C of this section.
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(2) The proposed operating budget, the proposed capital budget, the budget
message and the appropriation and tax levying legislation shall be combined
as one document, which shall constitute the proposed City budget for the
ensuing fiscal year.
(3) The City Controller shall forward the proposed City budget, as defined in
Subsection B(2) above, to the Common Council no later than three days after
receipt of the proposed City budget from the City Manager [ Mayor].
C. Budget message. The City Manager’s [Mayor's] budget message shall include,
but not be limited to, an outline of fiscal policy for the City government,
describing the important features of the current budget, with reference both to
proposed expenditures and anticipated income, and a general summary
showing the current and capital requirements for the budget year, with
supporting schedules, which shall exhibit the aggregate figures of the current
budget in such manner as to show a balanced relation between the proposed
expenditures and the total anticipated income for the fiscal year covered by it
and which shall compare these figures with the corresponding figures of the
last completed fiscal year and the year in progress. The message shall contain
such comments with respect to the capital program and budget as the City
Manager [ Mayor] may deem advisable, including the probable effect thereof
for each of the years involved.
D. Available as public record. Upon submission, the proposed City budget shall
become a public record in the office of the City Clerk. Copies of the same shall
be made available by the City Clerk for distribution at a charge to be fixed by
the Common Council.
E. Review by Common Council or designated committee.
(1) The Common Council, or a committee designated by it, shall review the
proposed City budget as submitted by the City Manager [Mayor] and shall, not
later than the 31st day of October, file with the City Controller its report,
including any recommendations proposed therein.
(2) Such report shall become a public record in the office of the City Controller.
(3) Copies of the same shall be made available by the City Controller for
distribution at a charge to be fixed by the Common Council.
(i) The text of City Code Section 4-11, titled “Public hearing” is amended as follows:
§ 4-11 Public hearing.
Not later than the second day of November, the City Clerk shall cause to be
published in the official newspapers a notice of the place and time, not less than five
days after such publication nor later than the seventh day of November, at which the
Common Council at its regular November meeting will hold a public hearing on the
proposed City budget submitted by the City Manager [ Mayor] and the report
submitted by the Common Council, or a committee designated by the Council.
(j) The text of City Code Section 4-12, titled “Adoption of budget” is amended as
follows:
§ 4-12 Adoption of budget.
B. Return to City Manager [Mayor].
(1) If the budget as passed by the Common Council contains any such alterations,
the same shall be presented by the City Clerk to the City Manager [ Mayor] not
later than two business days after its passage for his/her consideration of such
alterations. [
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(2) If the Mayor approves all the alterations, he/she shall affix his/her signature to a
statement thereof and return the budget and such statement to the City Clerk
not later than three business days after presentation by the Clerk. ] The
budget, including the alterations as part thereof, shall then be deemed
adopted.
[C. Mayor's veto.
(1) ]
(2) The City Manager [Mayor] may request reconsideration [object to any one or
more ] of such alterations and, in such case, shall append to the budget a
statement of the alterations to which he/she requests reconsideration [objects],
with the reasons therefor [his/her objection], and shall return the budget with
his/her requests for reconsideration [objections] to the City Clerk not later than
three business days after presentation by the Clerk.
(2) The Clerk shall distribute the same to the Common Council no later than two
business days after receipt of the same from the City Manager [Mayor].
(3) At a meeting to be held not later than the 30th day of November, the Common
Council may in its discretion [shall] proceed to consider, discuss and vote
upon the question of whether to approve any or all of the alterations so
objected to.
(4) If 2/3 of the members of the Common Council[, exclusive of the Mayor], vote to
approve such alterations, or any of them, the budget with the alterations so
approved, together with any additional alterations as Common Council may
make in its discretion [not so objected to by the Mayor,] shall be deemed
adopted.
[D. Mayor's failure to act. If a budget with alterations is not returned by the Mayor to
the City Clerk with his/her objections within three business days after its
presentation to the Mayor by the City Clerk pursuant to § 4-12B(1) above, it
shall be deemed adopted. ]
E. Common Council's failure to act. If a budget has not been adopted as herein
provided on or before the 30th day of November, the proposed executive
budget as submitted by the City Manager [ Mayor], plus all alterations to which
he/she has failed to object, shall be deemed adopted as the City budget for the
ensuing fiscal year.
F. Certification of budget. Three copies of the City budget, as adopted, shall be
certified by the City Clerk. One such copy shall be filed in the office of
the Mayor and one each in the offices of the Controller and the City Clerk and
the City Manager. The City budget, as so certified, shall be printed or
otherwise reproduced, and copies shall be made available at a charge to be
fixed by the Common Council.
G. Budget Process Checklist. The following table is provided merely as a
convenience and if any conflict arises between this table and the text of the
Code, the text shall be considered definitive. The Controller shall copy this
chart from the Code, indicate on such copy the actual calendar date for each
step in the current calendar year, and provide a copy to each department
head, the City Manager [Mayor] and each Alderperson on or before the 31st
day of March.
(k) The text of City Code Section 4-15, titled “Reduction of appropriations” is amended
as follows:
§ 4-15 Reduction of appropriations.
If at any time during the fiscal year it appears that the revenues available will be
insufficient to meet the amounts appropriated, the City Manager [Mayor] shall report
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to the designated committee of the Common Council without delay the estimated
amount of the deficit, remedial action taken by him/her and his/her recommendations
as to further action. The designated committee shall recommend and the Common
Council shall take such action as it deems necessary to prevent any deficit. For that
purpose, it may, by resolution, reduce one or more appropriations; but no
appropriation for debt service may be reduced, and no appropriation may be
reduced by more than the unencumbered balance thereof or below any amount
required by law to be so appropriated. The Common Council may also, if it so
desires, authorize borrowing temporarily pursuant to applicable law in an amount not
greater than such deficit for such purposes.
(l) The text of City Code Section 4-16, titled “Transfer of appropriations” is amended as
follows:
§ 4-16 Transfer of appropriations.
Within limitations established by the Common Council, the City
Manager [ Mayor] may, at any time during the fiscal year, transfer part or all of any
unencumbered appropriation balance between classifications or expenditures within
the same unit of City government. The Common Council, on recommendation of
the City Manager [Mayor], may transfer part or all of any unencumbered
appropriation balance from one administrative unit or authorized agency to another.
But no transfer shall be made from appropriations for debt service, and no
appropriation may be reduced below any amount required by law to be so
appropriated.
(m) The text of City Code Section 4-20, titled “Establishment; Director” is amended
as follows:
§ 4-20 Establishment; Director.
There shall be a Youth Bureau, headed by a Youth Bureau Director. Among the
powers and duties of the Youth Bureau Director, but not by way of limitation, shall be
the:
D. Submission to the City Manager and Common Council [ Mayor] of such
reports, data and other information as he/she may require or as may otherwise
be appropriate, from time to time, regarding youth policies, programs and
services throughout the city.
E. Except as may otherwise be provided in the Charter or this chapter, performance
of such other and related duties as may be required by the City
Manager [ Mayor].
(n) The text of City Code Section 4-22, titled “Establishment; Director” is amended as
follows:
§ 4-22 Establishment; Director.
There shall be a Department of Planning, Building and Development headed by a
Director of Planning and Development. Among his/her functions and duties, but not
by way of limitation, shall be the:
…
J. Service on and provision of service to such bodies as may be concerned with
landmark preservation, beautification and the like, as mandated by applicable
law or policy decisions of the Board [, the Mayor ]or the Common Council.
K. Carrying out of such additional functions and duties of a related nature as shall be
assigned by the Board, the City Manager [ Mayor] or the Common Council.
(o) The text of the following subsections of City Code Section 4-23, titled “Planning and
Development Board” is amended as follows:
§ 4-23 Planning and Development Board.
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A. Creation, appointment and organization.
(1) There shall be a Planning and Development Board, also known as the "Planning
Board," consisting of seven members, each of whom shall be appointed by
the Mayor with the consent of Common Council. There shall be one member
from the Board of Public Works. The Mayor shall appoint one member of the
Planning and Development Board to serve as Chairperson. In the absence of a
Chairperson, the Planning and Development Board may designate a member to
serve as Chairperson. In making such appointments, the Mayor may require
Planning and Development Board members to complete training and continuing
education courses in accordance with any local requirements for the training of
such members. The term of office shall be three years, and the terms shall be
staggered, except for the member appointed from the Board of Public Works.
With respect to that member, the term of office shall be two years and shall
coincide with his or her term of office as a member of the Board of Public
Works.
(2) Legislative body members ineligible. No person who is a member of the Common
Council shall be eligible for membership on such Planning and Development
Board.
(3) Vacancy in office. If a vacancy shall occur, otherwise than by expiration of term,
the Mayor, with the consent of Common Council, shall appoint a new member
for the unexpired term.
(4) Removal of members. The Mayor or Common Council shall have the power to
remove, after public hearing, any member of the Planning and Development
Board for cause. Any Board member may be removed for noncompliance with
minimum standards relating to meeting attendance and training as established
by the Common Council.
…
(8) Rules and regulations. The Planning and Development Board may recommend
to the Common Council regulations relating to any subject matter over which the
Board has jurisdiction under this article or under any other statute or under any
other local law or ordinance of the city.
B. Powers and duties. Among its powers and duties, but not by way of limitation,
shall be:
…
(13) Undertaking such related functions and duties as shall be requested of it by
the City Manager, [ Mayor] or Common Council.
(p) The text of City Code Section 4-23.4, titled “Powers and duties of the Director” is
amended as follows:
§ 4-23.4 Powers and duties of the Director.
Among the Director's powers and duties, but not by way of limitation, shall be the
following:
…
E. To submit to the City Manager[ Mayor] such reports, data and other information
as he/she may require or as may otherwise be appropriate, from time to time,
regarding youth and family policies, programs and services throughout the city.
F. To forward the GIAC's annual budget proposals to the City Manager [Mayor] in
accordance with guidelines and schedules established for all City departments.
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G. Except as may otherwise be provided in the Charter or this chapter, performance
of such other and related duties as may be required by the City
Manager [Mayor].
(q) The text of City Code Sections 4-28 and 4-29 are deleted in their entirety as follows:
[§ 4-28 Transitional provisions.
The Common Council, on recommendation of the Mayor, shall determine and
provide for any necessary matters involved in the transition to this chapter.
§ 4-29 Continuity of authority.
Any proceedings or other business undertaken or commenced prior to the effective
date of this chapter shall be conducted and completed by the City unit responsible
therefor under the Charter or this chapter.]
(r) The text of “Part I: Administrative Legislation,” Chapter 47, “Economic Development
Zone,” Section 47-3, “Authorization to submit an application,” in the Ithaca City
Code, is amended as follows:
The []City Manager is hereby authorized to submit an application for designation of
certain areas within the City of Ithaca as an Economic Development Zone.
(s) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article I,
“Grievance Procedures,” Section 90-4, “Initial presentation,” subsection D, in the
Ithaca City Code is amended as follows:
D. In the event that the immediate supervisor to whom the initial presentation is
made is a department head or the []City Manager, the grievant, if dissatisfied with
the decision communicated pursuant to Subsection C, may, within 10 days of the
communication of that decision, submit a written statement describing the
specific nature of the grievance and the objections to the decision to the
department head or []City Manager. The department head or []City Manager shall
respond to such statement within 10 days by submitting a written description of
the reasons underlying the decision. The grievant shall then have the right to
appeal to the Grievance Board in accordance with the procedure outlined in § 90-
7.
(t) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article I,
“Grievance Procedures,” Section 90-7, “Appeals,” subsection I, in the Ithaca City
Code, is amended as follows:
I. Report. The Grievance Board shall make its report, in writing, within 10 days after
the close of the hearing. It shall immediately file its report and the written
summary of the proceedings with the City Clerk and shall at the same time send
a copy of its report to the employee, the employee's representative, if any, the
department head, the []City Manager and the Local Civil Service Commission, if
appropriate. The report shall include a statement of the Board's findings of fact,
conclusions and advisory recommendations.
(u) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article IX,
“Indemnification,” Section 90-61, “Indemnification,” subsection D, in the Ithaca City
Code, is amended as follows:
D. Upon entry of a final judgment against the employee, or upon the settlement of
the claim, the employee shall serve a copy of such judgment or settlement,
personally or by certified or registered mail, within 30 days of the date of entry or
settlement, upon the []City Manager, and if not inconsistent with the provisions of
this article, the amount of such judgment or settlement shall be paid by the City.
November 3, 2021
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(v) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article IX,
“Indemnification,” Section 90-62, “Conditions of defense,” subsection A, in the Ithaca
City Code is amended as follows:
A. Delivery by the employee to the City Attorney or the []City Manager of a written
request to provide for his or her defense, together with the original or a copy of
any summons, complaint, process, notice, demand or pleading, within 10 days
after he or she is served with such document; and.
(w) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article XI,
“Merit Award Board,” Section 90-70, “Creation; membership; terms” and subsection
A thereof, in the Ithaca City Code, are amended as follows:
There is hereby created a Merit Award Board within the City of Ithaca. The Board
shall consist of the []City Manager, Corporation Counsel and a committee of
Alderpersons and City employees as follows:
A. Annual Merit Award Board: The []City Manager, Corporation Counsel, and
five alderpersons to be designated by Common Council.
(x) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article XI,
“Merit Award Board,” Section 90-72, “Criteria for nominations,” subsection A,
“Annual recognition,” subsection (4), in the Ithaca City Code, is amended as follows:
Nominators: any employee, Alderperson, [or]the Mayor, or the City Manager may
nominate an employee, cross-functional team or committee for annual recognition by
completing and submitting an annual recognition award nomination form to the
Department of Human Resources. Nominations must be submitted no later than the
first day of August of the year of nomination and shall consider a twelve-month
period ending on July 31. Awards shall become a part of the official personnel file of
the City employee.
(y) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article XI,
“Merit Award Board,” Section 90-72, “Criteria for nominations,” subsection B,
“Quarterly recognition,” in the Ithaca City Code, subsection (4), in the Ithaca City
Code, is amended as follows:
Nominators: any employee, Alderperson, [or]the Mayor, or the City Manager may
nominate an employee, cross-functional team or committee for quarterly recognition
by completing and submitting a quarterly recognition nomination form to the
Department of Human Resources. Awards shall become a part of the official
personnel file of the City employee.
(z) The text of City Code Section 232-5, titled “Transferability; revocation” is amended
as follows:
§ 232-5 Transferability; revocation.
All licenses issued by the City may be revoked for cause and shall be upon the
following conditions and shall contain the following words: "This license is not
transferable except by consent of the issuing authority and is issued to and accepted
by the licensee on the express condition that it is revocable by the City
Manager [Council or the Mayor ]if at any time, in their judgment [] , the licensee
proves unfit to hold such license or the places licensed are not being conducted in a
proper and orderly manner."
(aa) The text of City Code Section 232-33, titled “Issuance and revocation of licenses”
is amended as follows:
§ 232-33 Issuance and revocation of licenses.
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34
The City Manager or their designee [ Mayor or the Mayor's designee] shall grant and
revoke licenses at his/her discretion in accordance with the provisions of this article
and Article 5 of the General Business Law and shall require at all times such data
and information as may, in his/her opinion, be necessary to fully carry out the intent
and purpose of this article.
(bb) The text of City Code Section 232-34, titled “Application for license” is amended
as follows:
§ 232-34 Application for license.
Applications for licenses shall be made to the City Manager or designee
[Mayor or Mayor's designee] in such form as he/she may prescribe and must be
accompanied by:
A. Satisfactory testimonials of the good moral character of the applicant.
B. Cash or a certified check for the license fee in the amount fixed by this article.
C. Such other and additional information that the appropriate officer deems
necessary or appropriate.
(cc) The text of City Code Section 232-53, titled “Solicitation of contributions” is
amended as follows:
§ 232-53 Solicitation of contributions.
B. License and identification card required. It shall be unlawful for any person,
organization, society, association or corporation or their agents or
representatives to solicit money, donations of money or property or financial
assistance of any kind upon the streets, in office or business buildings, by
house-to-house canvass or in public places in the City except upon a license
issued by the City Manager [ Mayor ]and an identification card issued by the
City Clerk.
C. Application for license; contents. An application to solicit funds for any cause
whatever, as provided for in this section, shall be addressed to the City
Manager [Mayor] at least two weeks in advance of the first day of solicitation,
and such application shall contain the following information:
(1) The name and the purpose of the cause for which permission is sought.
(2) The names and addresses of the officers and directors of the organization.
(3) The time for which permission is sought and the localities and places of
solicitation.
(4) Whether or not any commissions, fees, wages or emoluments are to be
expended in connection with such solicitation.
(5) Such other information as the City Manager [Mayor] shall require.
D. Statement of finances. It shall be the duty of the City Manager [Mayor], before
granting permission to solicit funds or donations as provided for in this section,
to compel the applicant to file [with the Mayor] a signed statement of all
moneys collected in the calendar year or the fiscal year of such organization,
society, association or corporation previous to the application and the
expenditures connected therewith, together with the names and addresses of
all persons receiving wages, commissions or emoluments and the amounts so
expended.
(dd) Amend City Code Section 282-8 (B), titled “Administration,” as follows:
§ 282-8 Administration.
November 3, 2021
35
B. The City Manager [Mayor], on behalf of the City of Ithaca, and in consultation with
the Superintendent of Public Works and the Director of Planning and
Development, shall designate a Stormwater Management Officer (SMO), who
shall administer, implement and enforce the provisions of this Part 1.
(ee) The text of Chapter 316, titled “Emergency Preparedness,” Article I, titled
“Snowmobiles,” Section 316-5(A), a subsection of “Limited operation permitted,” in
the Ithaca City Code, is amended as follows:
Emergency: in an officially declared snow emergency in the City for the purpose of
emergency travel only, during the period of time when and at locations where snow
upon the highways renders travel by automobiles impractical, as to declared and
permitted by the []City Manager or other authorized person. A snowmobile may also
be operated on a street or highway in the City in emergency situations when the
specific travel for a specific purpose is authorized or directed by a state or local
police officer, the Highway Superintendent or the []City Manager.
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. Effective date.
This Local Law shall take effect on January 1, 2024, and after filing in the office of the
Secretary of State. This Local Law is subject to mandatory referendum pursuant to
Municipal Home Rule Law Section 23.
Alderperson Mohlenhoff explained that this law will be put forward to the public as a
referendum item at the 2022 November General Election and would go into effect on
January 1, 2024.
A Roll Call vote on the Local Law resulted as follows:
Alderperson Brock – Aye Alderperson McGonigal - Aye
Alderperson Nguyen – Aye Alderperson Murtagh - Aye
Alderperson Gearhart – Aye Alderperson Fleming - Aye
Alderperson Mehler – Aye Alderperson Kerslick - Aye
Alderperson Mohlenhoff – Aye Alderperson Lewis - Aye
Carried Unanimously
4.6 An Ordinance to Amend the City Code to Incorporate the Creation of a City
Manager Position
By Alderperson Mohlenhoff: Seconded by Alderperson Fleming
WHEREAS, under our current charter, the Mayor is elected every four years and serves
as the chief executive officer of the City, the political leader of the City, and the Chair of
Common Council, and
WHEREAS, as chief executive officer the Mayor oversees 11 departments, a budget of
79 million dollars, 400 employees, and six bargaining units, and
WHEREAS, as political head, the Mayor appoints committees, represents the City to
other levels of government, and articulates a vision for the future and values of the City,
and
WHEREAS, the Common Council and the Mayor believe that it is in the best interests of
the City to shift to an alternative form of government that would allow Common Council
to select and hire a trained, experienced person in the role of City Manager to be the
chief executive officer of the City and would allow the electorate to choose a Mayor who
November 3, 2021
36
is the political leader of the City as well as a voting member and Chair of Common
Council, and
WHEREAS, this action requires amendment of the City Charter by local law (addressed
in the companion local law), and various Code changes by ordinance (addressed by this
ordinance); now, therefore
Ordinance No. 2021-__
BE IT ORDAINED 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:
1. The current governmental structure of the City does not fully serve the best
interests of the City, insofar as:
• An elected Mayor may not have experience administering a large complex
organization
• The Mayor’s salary is not commensurate with this level of responsibility and is
significantly lower than the salaries of the department heads managed by the
Mayor
• Under this prevailing system, the Mayor is accountable to the electorate every
four years
• Though elected, the Mayor only votes with the Council to break a tie
• Even if the Mayor has a Chief of Staff that person’s role is ambiguous insofar
as department heads do not report to and are not evaluated or hired by the
Chief of Staff
• Furthermore, an appointed Chief of Staff reports directly to the Mayor and may
be replaced upon the election of a new Mayor
2. An alternative form of government would allow Common Council to select and
hire a trained, experienced person in the role of City Manager to be the chief
executive officer of the City and would allow the electorate to choose a Mayor
who is the political leader of the City as well as a voting member and Chair of
Common Council.
3. Advantages of this alternative form of government for the City of Ithaca include:
• An appointed City Manager is hired solely for educational and professional
credentials and compensated accordingly.
• An appointed City Manager is accountable to Common Council every day and
is responsible for implementing policy formed by elected Alderpersons,
reflecting the will of the citizens.
• An appointed City Manager with long service offers stability to City government
• The Mayor is a voting member of Common Council
• There is a distinction between the administrative and political functions in City
leadership
Based upon the above findings, the intent and purpose of this ordinance is to amend the
City Code to reflect the changes implemented by the companion Local Law creating the
position of an appointed City Manager that will report directly to the Common Council,
which shall continue to be chaired by the Mayor, and to detail the authorities and
responsibilities of the City Manager as chief executive officer of the City, while
preserving to the Mayor the role as political leader, but not administrative head, of the
City.
Section 2. References to Mayor in contracts or agreements
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To the extent any current or existing contract or other written agreement or obligation
with or on behalf of the City of Ithaca refers to or confers a remedy or responsibility to
the Mayor, upon the effective date of this ordinance, the term “Mayor” shall be
interpreted to mean the City Manager.
Section 3. Amendments to the City Code This Section 3 amends only the following
provisions of the City of Ithaca Municipal Code, with the remainder of the provisions
unchanged.
(a) The title of “Part I: Administrative Legislation,” Chapter 7, “Appointments, Mayoral” in
the Ithaca City Code, is amended as follows:
Appointments[,Mayoral] by Mayor and/or City Manager.
(b) The text of “Part I: Administrative Legislation,” Chapter 7, “Appointments, Mayoral,”
Section 7-1, “Procedure outlined,” and subsection A thereof in the Ithaca City Code,
are amended as follows:
The procedure for making appointments by the Mayor and/or the City Manager as
provided for in applicable provisions of the charter and code (for purposes of this
Chapter, the “Appointing Official”), to any office, board, commission or committee for
which the approval of the Common Council is required or sought shall be as follows,
except as provided in charter § C-26:
A. The [Mayor] Appointing Official shall give written notice of the proposed
appointment to the members of the Common Council at least seven days in
advance of the Council meeting at which Council action is requested.
(c) The text of “Part I: Administrative Legislation,” Chapter 17, “Cable Commission,”
Section 17-2, “Officers and meetings; minutes,” subsection B in the Ithaca City Code, is
amended as follows:
B. Copies of the minutes of each meeting shall be transmitted to the City Manager
[Mayor] and the Common Council.
(d) The text of “Part I: Administrative Legislation,” Chapter 18, “Cable Access Oversight
Committee,” Section 18-3, “Terms; officers and meetings; minutes,” subsection C in
the Ithaca City Code, is amended as follows:
C. Copies of the minutes of each meeting shall be transmitted to the [Mayor] City
Manager and the Common Council.
(e) The text of “Part I: Administrative Legislation,” Chapter 42, “Cyber Security Citizen
Notification Policy” Section 42-5, “Implementation,” in the Ithaca City Code, is
amended as follows:
The [Mayor] City Manager shall ensure that a written, city-wide protocol is
established, which protocol shall stipulate how the notification requirements in this
policy are to be implemented.
(f) The text of Chapter 48, titled “Emergency Preparedness,” Section 48-4 in the Ithaca
City Code, titled “Designation of emergency operations center (EOC),” is amended
as follows:
The emergency operations center for the city will be in the Central Fire Station
unless the City Manager [Mayor] declares otherwise. Once the City Manager [Mayor]
or next city officer in line has declared that an emergency exists, the emergency
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operations center will be staffed on a twenty-four-hour basis until the declared
emergency subsides. The emergency operations center will forward all warnings,
directives, information, etc., to various local departments, as appropriate. This will be
done through the use of department representatives, telephones (located in the
emergency operations center), radios in the Police, Fire, Highway and Civil Defense
Departments and in the offices of cooperating agencies. Each member assigned to
the emergency operations center will be familiar with this plan, particularly with the
section pertaining to each responsible person's service duties.
(g) The text of Chapter 48, titled “Emergency Preparedness,” Section 48-5 in the Ithaca
City Code, titled “Essential emergency operations records,” is amended as follows:
The City Manager [Mayor], with the assistance of the Fire Chief, Police Chief and/or
Superintendent of Public Works, functioning either at the emergency operations
center or an appropriate designated alternative site, depending on the nature of the
emergency, are responsible for the maintenance and availability of records,
documents, plans and other materials required to discharge their and others'
functions during an emergency.
(h) The text of Chapter 48, titled “Emergency Preparedness,” Sections 48-6(A), (D), and
(E) in the Ithaca City Code, subsections of “Procedure,” are amended as follows:
A. The City Manager [Mayor] or the designated Emergency Coordinator is
responsible for notification and declaration of an emergency or disaster.
…
D. The City of Ithaca should contact the County Civil Defense Office regarding any
major emergency or disaster situation. Civil defense assistance should be
requested when local or mutual aid resources are exhausted. All requests for
county civil defense assistance of any nature by any department will be approved
by the City Manager [Mayor] and will be made to the County Director of Civil
Defense by direct phone contact or by civil defense radio network.
E. Military assistance requests will be made by the City Manager [Mayor] of the City
of Ithaca to the County Administrator and the Chair of the County Board, who will
forward the request to the Tompkins County Civil Defense Office, which will
forward it to the State Natural Disaster Commission.
(i) The text of Chapter 48, titled “Emergency Preparedness,” Sections 48-7(A), (D), (I),
(J), (K), (L), (M), (N), and (O) in the Ithaca City Code, subsections of “Powers and
duties of officials,” are amended as follows:
A. City Manager [Mayor].
(1) The City Manager [Mayor] of the City of Ithaca is responsible for the conduct of
disaster operations within the City of Ithaca. The City Manager [Mayor] shall use
any and all facilities, equipment, supplies, personnel and other resources of the
city in such a manner as may be necessary or appropriate to cope with the
disaster.
(2) The City Manager [Mayor] shall direct the activities of all agencies within the city
against the effects of emergency in conformance with the approved plans for the
rescue and relief of the people, the recovery and the rehabilitation of the
community. The City Manager [Mayor] will utilize services of the emergency
operations center and its staff for implementation of necessary measures to
achieve emergency operations.
…
November 3, 2021
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D. An Emergency Coordinator shall be appointed by the City Manager [Mayor], with
skills appropriate to direct the implementation of the comprehensive plan for the
emergency operations center, under the direction of the City Manager [Mayor].
Also, under the direction of the City Manager [Mayor], the Emergency
Coordinator coordinates the emergency operations of the emergency operations
center, prepares estimates of the situation, advises the City Manager [Mayor] of
operational priorities and recommends requests for assistance from the
Tompkins County Civil Defense or other appropriate agencies.
…
I. A Public Information Officer will be appointed by the City Manager [Mayor] of the
city to direct the local dissemination of emergency information and the issuance
of news reports to the public and notify the County Civil Defense Office on the
status and development of emergency measures, using all media of public
communication.
J. If necessary, a Communications Officer will be appointed by the City Manager
[Mayor] to supervise, direct, arrange and restore communications for all
emergency purposes using available communication means and methods.
Maximum use of all available forms of communications will be planned by all
departments to aid the communications staff in carrying out their duties.
K. If needed, a Medical Officer or staff will be appointed by the City Manager
[Mayor] to direct all action necessary for rendering health and medical services to
the community. The Medical Officer or staff should alert hospitals and
ambulances in the area regarding anticipated medical needs.
L. If necessary, a Supply Officer will be appointed by the City Manager [Mayor] to
carry out measures necessary to the emergency handling of all local resources.
M. If necessary, a Staffing Officer will be appointed by the City Manager [Mayor] to
coordinate and/or direct the assignment of personnel to the various emergency
services as requested.
N. If necessary, a Transportation Officer will be appointed by the City Manager
[Mayor] to carry out measures necessary to the utilization of all transportation
modes for support and rescue operations.
O. Additional responsibilities and functions. All department heads and/or those
responsible for carrying out parts of the emergency operations for the City of
Ithaca shall perform their responsibilities and functions as directed by the City
Manager [Mayor]or the Emergency Coordinator.
(j) The text of “Part I: Administrative Legislation,” Chapter 55, “Ethics, Code of,” Section
55-7, “Required conduct respecting actual and potential conflicts of interest,”
subsection F in the Ithaca City Code, is amended as follows:
F. Notwithstanding any provisions in this chapter, if a conflict of interest cannot be
avoided because of the nature of the circumstances in a particular situation, any
involved city official or employee shall bring the particular matter to the attention of
the Mayor, the City Manager, and the City Attorney, or such other city official or city
employees as may be appropriate, before voting or taking any discretionary action
on said matter.
(k) The text of “Part I: Administrative Legislation,” Chapter 73, “Landmarks Preservation
Commission,” Section 73-6, “Records and annual report,” in the Ithaca City Code is
amended as follows:
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The 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 member
shall be recorded. The concurring affirmative vote of a majority of those members
present shall constitute approval of plans before it for review or for the adoption of
any resolution, motion or other action of the Commission. The Commission shall
submit an annual report of its activities to the [Mayor]City Manager and Common
Council and make such recommendations to the Common Council as it deems
necessary to carry out the purposes of this chapter and Chapter 228, Landmarks
Preservation.
(l) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article VIII,
“Sexual Harassment,” Section 90-56, “Reporting and investigation of complaints,”
subsection E, “Investigation procedure,” subsection (1), in the Ithaca City Code, is
amended as follows:
(1) Once a formal complaint has been received, the Human Resources Director will
commence a prompt investigation of the allegations in the complaint and will
report the results of the investigation to the complainant's department head or to
the [Mayor] City Manager, as appropriate. The investigation should be concluded
within 60 days of the filing of the formal complaint. The investigation may be
expanded if more allegations are uncovered during the investigation.
(m) The text of “Part I: Administrative Legislation,” Chapter 90, “Personnel,” Article
VIII, “Sexual Harassment,” Section 90-57, “Post-investigation and appeal
procedure,” subsection B, in the Ithaca City Code, is amended as follows:
B. Complaint founded. If a complaint is founded, the Human Resources Director
and the Department Head or City Manager [Mayor] will meet with the person
accused and his/her union representative, if the accused is represented, and
explain the findings of the investigation. The accused will have an opportunity to
accept the findings and any corrective and/or disciplinary action, or to oppose the
findings and file a grievance through his/her collective bargaining unit. The
Human Resources Department will maintain a confidential record of the
investigation.
(n) The text of “Part I: Administrative Legislation,” Chapter 120, “Youth Council,” Section
120-5, “Staff support,” in the Ithaca City Code, is amended as follows:
A staff person(s) from a City Youth Services Department shall act in consultation
with the Common Council Liaisons and under the direction and supervision of the
City department head so designated by the [Mayor] City Manager. The duties of this
staff person with regard to the Youth Council shall be set forth in writing and kept up-
to-date by the department head and provided to the Mayor and City Manager, and a
current version of such description shall be appended to the annual report required
by § 120-2 herein.
(o) The text of “Part II: General Legislation,” Chapter 128, “Alcoholic Beverages,”
Section 128-5, “Exceptions,” subsection B, in the Ithaca City Code, is amended as
follows:
The provisions of this article shall not apply to any activity sponsored by an
organization having proper license to dispense alcoholic beverages in or upon any
public place within the City, said license having been issued by the Alcoholic
Beverage Control Board of Tompkins County and such organization having obtained
permission from the [Mayor] City Manager. This exception shall apply only to the
public place in the City in or upon which the alcoholic beverages are dispensed.
(p) The text of “Part II: General Legislation,” Chapter 132, “Assemblies and Parades,”
Section 132-8, “Appeals,” in the Ithaca City Code is amended as follows:
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The applicant may appeal to the [Mayor]City Manager or the [Mayor’s]City
Manager's designee from the decision of the permit officer within five days, in writing
and with notice, and the [Mayor]City Manager or the [Mayor's] City Manager’s
designee shall hear argument from both sides and render a written decision
reversing, affirming or modifying in any regard the determinations of the permit
officer within 48 hours. Remedy by appeal as described in this section is not
exclusive, and exhaustion of such appeal shall not be required before seeking any
judicial remedy.
(q) The text of “Part II: General Legislation,” Chapter 132, “Assemblies and Parades,”
Section 132-9, “Notification of officials,” subsection A, in the Ithaca City Code, is
amended as follows:
A. The [Mayor] City Manager.
(r) The text of City Code Section 146-4 (B), titled “Administrative officers and functions”
is amended as follows:
§ 146-4 Administrative officers and functions.
B. Director of Planning and Development. The Director of Planning and
Development or the Director of Code Enforcement if so designated by the
Director of Planning and Development shall possess background experience
related to building construction or fire prevention and shall, within the time
prescribed by law, obtain such basic training, in-service training, advanced in-
service training and other training as the State of New York shall require for code
enforcement personnel, and the Director of Planning and Development or the
Director of Code Enforcement if so designated by the Director of Planning and
Development shall obtain certification from the State Fire Administrator pursuant
to the Executive Law and the regulations promulgated thereunder. In the event
that the Director of Code Enforcement is unable to serve as such for any reason,
an individual shall be appointed by the City Manager [Mayor] to serve as Acting
Director of Code Enforcement. The Acting Director of Code Enforcement shall,
during the term of his or her appointment, exercise all powers and fulfill all duties
conferred upon the Director of Code Enforcement by this chapter.
(s) The text of City Code Section 152-5 titled “Regulation of franchise”, subsection A, is
amended as follows:
§ 152-5 Regulation of franchise.
A. General. The City shall exercise appropriate regulatory authority under the
provisions of this article and applicable federal and state law. This authority
shall be vested in the City Manager [Mayor ]and/or Common Council or their
designee to provide day-to-day administration and enforcement of the
provisions of this article and any franchise granted hereunder and to carry out
the City's responsibility with regard to cable service. The City may from time to
time adopt such reasonable rules and regulations that it may deem necessary in
the exercise of its municipal powers; provided, however, that the same do not
alter the terms and conditions of grantee's rights and obligations under this
article or its franchise.
(t) The text of City Code Section 152-15 titled “Notices” is amended as follows:
§ 152-15 Notices.
Every notice to be served upon the City shall be sent by certified mail, postage
prepaid, to the [City's Mayor ] City Manager, City Attorney and City Clerk. Every
notice to be served upon the grantee shall be sent by certified mail, postage prepaid,
to the grantee at its Ithaca office.
(u) The text of City Code Section 152-34 titled “Regulation of
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franchise,” subsections (A)(1) and (E)(7)(a)(2), is amended as follows:
§ 152-34 Regulation of franchise.
A. Regulatory authority.
(1) Ongoing regulation. The City shall exercise appropriate regulatory authority
under the provisions of this article and applicable law. This authority shall be
vested in the Common Council and administered through the City
Manager [Mayor] or his/her designee. The City Manager [Mayor] or his/her
designee shall provide day-to-day administration and enforcement of the
provisions of this article and any franchise granted hereunder, and shall carry
out the City's responsibilities with regard to telecommunications.
…
E. Franchise fees and in-kind compensation.
…
(7) In-kind compensation and use of grantee's facilities.
(a) In addition to the franchise fee and linear foot fee, grantee shall provide the
following in-kind compensation to the City:
…
[2] If grantee applies for a permit to install any facilities underground in the
public right-of-way, then in addition to applying for all necessary permits, grantee
shall notify, by certified mail, the City Manager [ Mayor] at City Hall, Suite 401, 108
East Green Street, Ithaca, New York 14850, and the Director of Economic
Development at City Hall, 108 East Green Street, Ithaca, New York 14850, in writing
that grantee has applied for such a permit. The City shall have 45 business days
from the date of receipt of notice from the grantee to notify grantee in writing whether
it desires to install in grantee's trench(es) one four-inch-in-diameter-or-larger conduit
with innerducts, at its sole cost and expense for the City's use or to use 5% of
grantee's installed duct capacity, whichever is greater. The City's conduit with
innerducts and facilities shall be allowed to have ingress and egress to pedestals,
manholes, and underground vaults and access to the same. If the City does not
meet the deadline specified above, grantee shall use reasonable efforts to
accommodate late City requests for use of grantee's trench(es) and installation of
conduit as specified herein. The City shall obtain any necessary governmental
licenses or permits and any necessary governmental or private easements or
authorizations required for the City's conduit at its sole cost and expense. The City's
installation of the conduit shall not unduly delay grantee in constructing or installing
its facilities. Grantee shall not charge the City for construction of the trench(es). The
City, at its option, may elect to have grantee (rather than the City or its designee)
install the one four-inch-in-diameter-or-larger conduit with innerducts and pull lines in
the conduit for the City's use. The City shall own such conduit installed by itself, a
designee, or the grantee. If grantee installs the City's conduit, grantee shall not
charge the City for any portion of the construction and installation costs related to
the grantee's network containing such City conduit that are incurred by grantee, but
may charge the City, on an incremental basis, costs incurred by grantee for
materials, permits, licenses, authorizations and engineering fees, if any, incurred by
grantee for the City conduit ("costs"). If the City requested the grantee to construct
and install the conduit, grantee shall provide the City with an itemized invoice and
shall transfer ownership of said conduit to the City upon the City's payment of the
costs within 30 days from the City's receipt of an itemized invoice from grantee. At
the end of the term of grantee's franchise and any extensions or renewals thereof, or
if the franchise is terminated for any other reason, the City, in its discretion and at its
sole cost and expense, shall be entitled to continue its use of and access to the
grantee's trench(es), pedestals, manholes, conduits and underground vaults,
provided that the City has or will obtain any necessary licenses, authorizations,
November 3, 2021
43
easements, permits and approvals that may be required. The City shall be required
to maintain and operate said conduit at its sole cost and expense. Grantee and City
shall not physically interfere with each other's conduit and facilities.
(v) The text of City Code Section 170-7, titled “Application procedure”, subsections (K)
and (L), is amended as follows:
§ 170-7 Application procedure.
…
K. If an application for a permanent easement or a lease is not denied by staff, the
City Attorney shall submit the application to the City Manager [Mayor], together
with any staff recommendations, for consideration by Common Council.
L. An appeal of a staff denial of an application for a lease, license, easement or
permit shall be in writing, must include copies of the application (and any
attachments) and the denial notice, and the grounds for the appeal, and shall be
submitted to the City Manager [ Mayor] within 15 days of the applicant's receipt
of such denial. If the City Manager[ Mayor] grants the appeal, the application
shall be remitted to the Board of Public Works or the Common Council, as
appropriate per this chapter, for consideration. In any case, as noted above,
whether to grant such application shall be in the sole discretion of the City.
(w) The text of City Code Section 170-9, titled “Form and terms of all licenses and
permits”, subsection (B), is amended as follows:
§ 170-9 Form and terms of all licenses and permits.
B. The City, through the City Manager [ Mayor ]or Superintendent, specifically
reserves the right to revoke any permit or license if conditions warrant. Each
license is revocable by the City in the event of an emergency, or upon no more
than three months' notice (or such other period as is specified in the license or
permit) to the licensee or permittee or upon failure of the licensee or permittee
to comply with any term in the license or permit. Sufficient reasons to revoke a
license or permit include but are not limited to insufficient maintenance by the
licensee or permittee such that the encroachment or permitted use is rendered
unsafe; or changes in the use of streets or sidewalks such that the
encroachment or use has been rendered a public nuisance. The Superintendent
shall notice the owner of the encroachment or permittee of the decision to
revoke the license or permit and shall fix a reasonable time for removal of the
encroachment or use, by the licensee or permittee, that is appropriate to the
reason for the removal. Any person aggrieved by a decision of the
Superintendent may file an appeal with the Board of Public Works, within 15
days of the receipt of the removal notice. The revocation notice shall include
notification to the encroachment owner of the right to appeal and the time
limitation for commencing an appeal.
(x) The text of City Code Section 170-11, titled “Form and terms of leases and
easements” is amended as follows:
§ 170-11 Form and terms of leases and easements.
Where the use of City land requires a lease or permanent easement (pursuant to
this chapter), such lease or easement shall be in the form of a legally binding
agreement signed by the City Manager [ Mayor] and the tenant or
easement beneficiary, and shall be drafted and/or reviewed by the City Attorney
prior to execution. The terms of such leases and easements shall be particular to the
situation, for reasonable and proper consideration, and, unless otherwise specified
herein (or by Common Council), subject to the approval of Common Council.
(y) The text of City Code Section 181-8 (D), titled “Fire Prevention Bureau” is amended
as follows:
November 3, 2021
44
§ 181-8 Fire Prevention Bureau.
D. Report to City Manager [Mayor]. A report of the Fire Prevention Bureau shall be
made annually and submitted to the City Manager [Mayor]. It shall contain all
enforcement actions under the Uniform Code, with such statistics as the Chief of the
Fire Department may deem necessary to include therein. The Chief of the Fire
Department may also recommend any amendments to this article as he/she may
deem to be desirable.
(z) The text of City Code Section 201-4, titled “Exemptions”, subsections (B) and (C), is
amended as follows:
§ 201-4 Exemptions.
B. High-level radioactive materials transported to or from or stored at and to be
used by any medical facilities are exempted from this article. Valid operating
certificates issued by the New York State Department of Health and the New
York State Bureau of Radiological Health must be held by the medical facilities
to qualify for this exemption. The City Manager [ Mayor] and the Chief of Police
of the City of Ithaca shall be notified two weeks prior to the date of shipment
stating the route, the date and method of shipment, the time of passage, the
destination and the type and quantity of high-level radioactive materials to be
transported.
C. High-level radioactive materials transported to or from or stored at and to be used
for educational research purposes at an accredited institution which is licensed
by the New York State Bureau of Radiological Health or, in the case of
interstate shipments, licensed by the equivalent government agency in the
jurisdiction in which the institution using the radioactive material is located are
exempted from this article. This exemption also applies to any educational
institution licensed by the United States Nuclear Regulatory Commission.
The City Manager [ Mayor] and Chief of Police of the City of Ithaca shall be
notified two weeks prior to the date of shipment, stating the route, the date and
the method of shipment, the time of passage, the destination and the type and
quantity of high-level radioactive materials to be transported.
(aa) The text of City Code Section 215-17, titled “Handicapped Access Coordinator” is
amended as follows:
§ 215-17 Americans with Disabilities [Handicapped ]Access Coordinator.
The City Manager [Mayor] shall appoint a city employee to be the Americans with
Disabilities or ADA [Handicapped ] Access Coordinator for the City of Ithaca.
The Coordinator shall help coordinate and facilitate city efforts to improve
handicapped access, shall receive complaints from aggrieved persons and shall
make every effort to ensure prompt and equitable resolution of complaints.
The [Handicapped]ADA Access Coordinator shall serve until a new appointment
is made. If the person designated as [Handicapped] ADA Access Coordinator
leaves city employment, the City Manager [Mayor ] shall name a replacement as
soon as possible.
(bb) The text of City Code Section 232-54, titled “Additional regulations applicable to
religious solicitations”, opening clause of subsection (C), is amended as follows:
§ 232-54 Additional regulations applicable to religious solicitations.
C. Advance notice shall be given to the City Manager [ Mayor], in writing, at least 72
hours and not more than one month prior to the commencement of such
solicitations, including the following information:
November 3, 2021
45
(cc) The text of City Code Section 240-13, titled “Permit procedures for events of
temporary duration”, subsections (E), (F), and (G), is amended as follows:
§ 240-13 Permit procedures for events of temporary duration.
Except as provided for in § 157-8 of the City Code regarding the Ithaca Commons:
…
E. The application shall be made to the Superintendent of Public Works, or his/her
designee, in connection with construction work on public rights-of-way or in
parks; to the Director of Planning and Development, or his/her designee, for all
other construction projects; and for others to the City Manager [ Mayor] or his/her
designee. The issuance of permits shall be discretionary, and a permit shall be
issued only where the responsible official determines that such permit is
reasonable and necessary and will allow an activity that is consistent with the
general purposes of this chapter, as stated in § 240-2. When determining if a
permit should be issued, factors the official shall consider shall include but are
not limited to the volume of the noise, the proximity of the noise to sleeping
facilities, the time of the day or night the noise occurs, the time duration of the
noise, and the impact of the noise on persons living or working in different
places or premises who are affected by the noise. Any permit granted shall
state that the permit only applies to this chapter, and that § 240.20, Subdivision
2, of the Penal Law of the State of New York, Disorderly Conduct, provides that
"a person is guilty of disorderly conduct when, with intent to cause public
inconvenience, annoyance or alarm or recklessly creating a risk thereof: . . . he
makes unreasonable noise."
F. In order to further the purposes of this chapter and to facilitate its implementation
and enforcement, the Superintendent of Public Works, the Director of Planning
and Development and the City Manager [Mayor], or their designees, shall have
authority to impose such conditions as they determine are reasonable and
necessary on permits they issue pursuant to this section. Such conditions may
govern factors which include but are not limited to the time and location the
involved sound source may be utilized.
G. The Superintendent of Public Works, the Director of Planning and Development
and the City Manager [Mayor], or their designees, shall provide the Chief of
Police with a copy of any permit issued pursuant to this section.
(dd) The text of City Code Section 240-14, titled “Variances” is amended as follows:
§ 240-14 Variances.
The City Manager [Mayor] or his/her designee may grant for a sustained duration an
individual variance from the limitations prescribed in this article whenever it is found,
after a noticed public hearing before the Planning and Economic Development
Committee of Common Council and upon presentation of adequate proof, that
compliance with any part of this article will impose an undue economic burden upon
any lawful business, occupation or activity, and that the granting of the variance will
not result in a condition injurious to health or safety.
A. Any variance, or renewal thereof, shall be granted within the following limitations:
(1) If the variance is granted on the grounds that compliance with the particular
requirement or requirements will necessitate the taking of measures which,
because of their extent or cost, must be spread over a considerable period of
time, it shall be for a period not to exceed such reasonable time as, in the view
of the City Manager [ Mayor] or his/her designee, is requisite for taking of the
necessary measures. A variance granted on the ground specified in this
subsection shall contain a timetable for taking of action in an expeditious
manner and shall be conditioned on adherence to the timetable; or
November 3, 2021
46
(2) If the variance is granted on the ground that it is justified to relieve or prevent
hardship of a kind other than that provided for in Subsection A(1), it shall be for
not more than one year.
B. Any person seeking a variance shall file a petition for variance and a filing fee of
$50 with the City Manager [ Mayor] or his/her designee. The City
Manager [Mayor] or his/her designee shall thereafter conduct a noticed public
hearing in accordance with this section at a regularly scheduled meeting of the
Planning and Economic Development Committee of Common Council, accept
documentary and testimonial evidence in accordance with accepted
administrative hearing procedures, and make a final decision regarding the
granting of the variance.
C. Written notice of the public hearing, the time and place of which shall be set by
the City Manager [ Mayor] or his/her designee, shall be mailed by the petitioner
at least 10 days prior to the hearing, with proof of mailing provided
to the City Manager [Mayor] at least eight days prior to the hearing, to:
(1) The owners as shown by the records of the County Assessor of lots comprising
the site of the variance and lots within 200 feet, excluding public right-of-way, of
the site of the variance;
(2) Any neighborhood association if the site of the variance is within the
neighborhood association's boundaries or within 200 feet of the neighborhood
association's boundaries, excluding public right-of-way.
(3) Any other person or entity that has filed with the City Manager [Mayor] a request
to receive a notice of the variance proceeding.
D. The notice of hearing shall set forth the name and address of the petitioner, the
location of the site of the variance, that the petitioner has requested a variance
from this chapter, the nature of the requested variance, and that part of the
chapter that would be waived if approved.
E. Following the hearing, the City Manager[Mayor] or his/her designee shall render a
written final decision, including findings of fact and conclusions of law, and[.
The Mayor or his/her designee] shall mail the decision to all parties of record.
(ee) The text of City Code Section 256-6, titled “Appeals” is amended as follows:
§ 256-6 Appeals.
Any person denied access to a record may, within 30 days, appeal such denial, in
writing, to the City Manager [Mayor], who shall, within 10 business days of the
receipt of such appeal, fully explain, in writing, to the person requesting the
record the reasons for further denial or provide access to the record sought. In
addition, the records access officer shall forward to the New York State
Committee on Open Government a copy of such appeal and the determination
thereon. If the City Manager [ Mayor] affirms or modifies the denial, he/she shall
communicate his/her reasons, in writing, to the person making the appeal and
inform such person of his/her right to appeal such affirmation or modification
pursuant to Article 78 of the Civil Practice Law and Rules.
(ff) The text of City Code Section 342-38 (C) “Insurance Requirements” is amended as
follows:
C. Block parties and similar neighborhood gatherings, motorcades, parades, and
public gatherings and assemblages, for which a street obstruction permit has
been granted, are exempt from the insurance requirements set forth in § 342-
38A above. Street obstruction permits for block parties and similar neighborhood
gatherings shall be issued only upon the condition that no alcohol is consumed
in the public rights-of-way. Street obstruction permits for block parties and
November 3, 2021
47
similar neighborhood gatherings must be approved by the City
Manager [Mayor] and the Superintendent.
(gg) Text of Chapter 346, titled “Vehicles and Traffic,” Article III, titled “Parking,
Standing and Stopping,” Section 346-33, titled “Designation of emergency snow
routes; restrictions pertaining thereto” in the Ithaca City Code, is amended as
follows:
The [Mayor]City Manager is hereby authorized to declare that a snow emergency
exists. The Board of Public Works is hereby authorized to determine and to
designate and declare snow emergency routes for the purpose of this section. The
locations described in Schedule XXVI of the traffic regulations of the Board of Public
Works are hereby designated as snow emergency routes. It shall be unlawful to park
or stand a motor vehicle, except for the expeditious loading or unloading of
passengers, upon any portion of any emergency snow route during the period of
time the [Mayor]City Manager has declared that a snow emergency exists.
Section 4. 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 5. Effective Date.
This Ordinance shall take effect contingent upon approval of that Local Law entitled
“Amendment of City Charter and Code to Enable the Common Council to Create a City
Manager Position”, by the electors at referendum, in which event this Ordinance shall
take effect on January 1, 2024, after publication as provided in the City Charter.
City Attorney Lavine explained that this Ordinance will not go into effect unless the
Local Law is approved by referendum at the November 2022 General Election.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Alderperson Mohlenhoff reminded everyone of meeting date changes in November and
December for the City Administration Committee and the Planning and Economic
Development Committee meetings.
Report of the City Controller:
City Controller Thayer thanked Common Council, the Mayor, and the entire city
workforce for their assistance with the budget preparation, noting that the City could not
run or provide vital services to the community without their hard work and dedication.
Mayor Myrick echoed those sentiments and commented that the easier the budget
process is made for the public, the harder it is for staff. He thanked City Controller
Thayer and his staff for their hard work.
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
5.1 A An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” to Amend the Zoning District Boundaries of the R-2b, R-3a,
CSU, and B-1a Zoning Districts within the City of Ithaca - Declaration of Lead
Agency
By Alderperson Murtagh: Seconded by Alderperson Nguyen
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
November 3, 2021
48
WHEREAS, the proposed zoning amendment is a “Type 1” Action pursuant to the City
Environmental Quality Review (CEQR) Ordinance, which requires environmental review
under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to rezone properties along the
north side of portions of Court Street all properties in the Courthouse Special Use
district to B-1a.
Carried Unanimously
5.1 B An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” to Amend the Zoning District Boundaries of the R-2b, R-3a,
CSU, and B-1a Zoning Districts within the City of Ithaca - Declaration of
Environmental Significance
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, The Common Council is considering a proposal to amend the zoning
designation of properties along the north side of Court Street and all properties currently
zoned Courthouse Special Use to B-1a, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated September 30,
2021, and
WHEREAS, the proposed action is a “Type 1” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated September 30, 2021, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
5. 1 C An Ordinance To Amend t he City Of Ithaca Municipal Code, Chapter
325, Entitled “Zoning” To Amend the Zoning District Boundaries of the R-
2b, R-3a, CSU, and B-1a Zoning Districts within the City of Ithaca
By Alderperson Murtagh: Seconded by Alderperson Fleming
ORDINANCE NO. 2021 -
BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows:
Section 1. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-2b to B-1a for the following tax parcels: 49.-1-13, 49.-2-11,
49.-2-12, 49.-2-13 and a portion of 49.-2-7. The boundaries are shown on the
attached map entitled “Proposed Court Street Zoning,” dated August 13, 2021.
Section 2. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from R-3a to B-1a for the following tax parcels: 50.-4-20, 50.-4-21,
50.-4-22, 50.-4-23, 50.-4-24, 50.-4-25, 50.-4-26, 49.-1-14, 49.-1-15, 49.-1-16, 49.-1-
17, 49.-4-5,49.-4-6, 49.-6-4, 49.-6-5, 49.-6-6, and 49.-6-7. The boundaries are
November 3, 2021
49
shown on the attached map entitled “Proposed Court Street Zoning,” dated August
13, 2021.
Section 3. The Official Zoning Map of the City of Ithaca is hereby amended to change
the designation from CSU to B-1a for the following tax parcels: 49.-2-3, 49.-2-4,
49.-2-8, 49.-2-9, 49.-4-1, 49.-4-7, 49.-4-9, 49.-4-10, 49.-4-11, and portions of 49.-2-6
and 49.-2-7. The boundaries are shown on the map entitled “Proposed Court Street
Zoning,” dated August 13, 2021.
Section 4. Effective Date. This Ordinance shall take effect immediately and in
accordance with law after publication of notice as provided in the Ithaca City Charter.
Alderperson Murtagh explained that there are non-conforming properties in this area
which have triggered a number of variances through the years. The circulation of this
legislation resulted in a lot of public comments from residents, especially along the 400
block of Cayuga Street. He stated that block of Cayuga Street has been removed from
the proposal; however, the Court Street rezoning remains included based on a
recommendation from the Ithaca Landmarks Preservation Commission as those
properties have the protection of the historic district.
City Attorney Lavine reported that a petition was submitted today, with the signatures of
14 property owners in that area opposing the zoning changes. Under General City Law
Section 83, a petition signed by the owners of land comprising of at least 20% of the
land area within an area being rezoned, or 20% of the 100 ft buffer around the area
being rezoned, would trigger a super majority threshold for the Council vote (8
affirmative votes required for approval). He stated that the GIS team ran an initial
analysis of the land area represented by the signatures on the petition, and it indicated
that of the 14 properties represented in the relevant area, 7 were included in the
rezoning proposal representing 18.2% of the land area in the proposal; and the other 7
properties are located within 100 feet of the north side of Court Street which represents
12.1% of the land area. Neither group of properties reaches the 20% threshold;
however, the rezoning percentage is close. If Council votes with 6 or 7 affirmative
votes, further study will need to be conducted to ensure the GIS calculations were
correct.
Mayor Myrick stated that he supports the Planning Department proposal. He noted that
he’s heard from the neighbors and understands their concerns about a shift in the
culture of that neighborhood but believes this action codifies the positive culture that
currently exists on those blocks.
Alderperson McGonigal requested clarification that the super majority threshold is
triggered by 20% of land area of each property vs. number of properties. City Attorney
Lavine explained the way it is written in New York State law, noting it refers to the
owners of 20% or more of the area of land included in such proposed change.
Alderperson Lewis asked for confirmation that the Court Street property owners could
expand properties by a use variance. City Planner Wilson affirmed that it is the right of
any property owner to seek a use variance; however, they are very difficult to obtain as
property owners are required to prove that the property cannot be used for each of the
allowed uses in the zone. Alderperson Lewis asked if the properties were included in
DeWitt Park Historic District. City Planner Wilson responded that all of the properties
are included in either the DeWitt Park Historic District or the East Hill Historic District.
Alderperson Lewis stated that it is a tough issue, but she is not able to support the
zoning change.
Further discussion followed on the floor regarding the proposed differences in lot
coverage, heights, front yard, and parking requirements in the different zones.
Alderperson McGonigal noted that a major reason why the Cayuga Street block was
removed from the proposal was due to the residents wanting that area to remain
residential. The City has discussed the need for housing often, so it seems as if this
November 3, 2021
50
proposal is being driven by the desire of some property owners to make these
properties more office oriented. He noted that a lot of office space is opening up in the
downtown area and this proposal may not be needed. He stated that he could not
support this legislation.
Alderperson Murtagh expressed concerns similar to Alderperson McMonigal’s. He
explained that this proposal is trying to fix a very real problem. As a result of existing
zoning regulations there are a lot of properties that are non-conforming, and it creates a
real burden for those property owners as they have to seek variances if they want to
make alterations or modifications to their properties. He stated that he would like to
support the businesses in the neighborhood and doesn’t want them to have to face a
challenging process with the City every time they want to make an alteration; however,
he is very concerned about the potential loss of housing in the area. He noted that he
could not support the proposal.
Alderperson Fleming stated that the Ithaca Landmarks Preservation Commission does
not object to the rezoning, and this proposal makes sense so that fewer properties are
non-conforming. Discussion followed on the proposed B1 zone and uses allowed by a
Special Permit. Alderperson Fleming further noted that if the legislation fails, she hopes
that Council will revisit the CSU zoning as it should be collapsed into another form of
zoning.
Alderperson Nguyen stated that housing is more profitable and there is a greater need
for it. As such, he doesn’t believe that there is a large concern about major turnover to
business use in this area. He voiced his support for the goals of this legislation and
stated that he would support it.
A vote on the Ordinance resulted as follows:
Ayes (4) Nguyen, Gearhart, Fleming, Mohlenhoff
Nays (6) Brock, McGonigal, Murtagh, Mehler, Kerslick, Lewis
Failed
5.2 A An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning”, Section 3, “Definitions and Word Usage”, to Modify the
Definitions of “Grade Plane” and “Two-Family Dwelling” - Declaration of Lead
Agency
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amending the Municipal
Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the definitions of
“Grade Plane” and “Two-Family Dwelling”.
Carried Unanimously
5.2 B An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” To Section 3, Definitions and Word Usage, to Modify the
Definitions of “Grade Plane” and “Two-Family Dwelling” - Declaration of
November 3, 2021
51
Environmental Significance
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, The Common Council is considering a proposal to amend the Municipal
Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the definitions of
“Grade Plane” and “Two-Family Dwelling”, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated August 24,
2021, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated August 24, 2021, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
5.2 C An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning”, Section 3, “Definitions and Word Usage”, to Modify the
Definition of “Grade Plane”
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, in 2013, the City amended the Zoning Ordinance to revise how building
height is calculated to (1) better address building heights on sloped sites and (2)
improve consistency between the Zoning Ordinance and the New York State Building
Code, and
WHEREAS, building height is measured from grade plane to the highest level of a
flat or mansard roof or to the average height of a pitched roof, and this method of
measurement is the same under both the Zoning Ordinance and NYS Building Code,
and
WHEREAS, the remaining difference between the two codes is in the definition
of grade plane, where the Zoning Ordinance measures grade plane at a point 10 feet
from the building and NYS Building Code measures at a point 6 feet from the building;
WHEREAS, aligning the two definitions of grade plane would create consistent
building height calculations under the Zoning Code and NYS Building Code and would
simplify project analyses for staff and property owners; now, therefore,
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca
November 3, 2021
52
is hereby amended to read as follows:
GRADE PLANE - A reference plane representing the average of finished ground level
on each side of the building at exterior walls. On the sides of the building where grade is
level, the measurement will be taken at a point adjoining the building. Where the
finished ground level slopes away from the exterior walls, the measurement shall be
taken at the lowest point within the area between the building and the lot line or, where
the lot line is more than 10 6 feet from the building, between the building and a point 10
6 feet from the building.
Section 2. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Kerslick requested confirmation that the grade calculation doesn’t change,
just the distance from the building. City Planner Wilson explained that it would make
more of a difference on a sloped site rather than a flat site. Currently there is one grade
plan for zoning, and one grade plan for the building code. The calculation to measure
the height of the building is the same but there are two different starting points. This
proposal is to align those starting points.
A vote on the Ordinance resulted as follows:
Carried Unanimously
5.2 D An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Amend Section 3, Definitions and Word Usage, to
Modify the Definition of “Two-Family Dwelling”
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, the City’s Zoning Ordinance defines a two-family dwelling as a building
containing two dwelling units occupied exclusively for residential purposes, and
WHEREAS, the definition also includes occupancy restrictions for two- family
dwellings in the R-1, R-2, and R-3 zoning districts;
WHEREAS, if these occupancy limits are exceeded, the building becomes reclassified
as a multiple dwelling, which are permitted in R-3 and other subsequent higher density
zones, and
WHEREAS, it is unnecessary to specify this occupancy limit in the R-3 zone, where
multiple dwellings are already allowed, and the inclusion of this limit in the definition
contradicts the allowed uses for the district; now, therefore,
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca
is hereby amended to read as follows:
DWELLING, TWO-FAMILY: A building containing not more than two dwelling units
occupied exclusively for residential purposes.,
In R-1 and CR-1 zones, each unit of which may be occupied by an individual or family
and not more than one unrelated individual, except that if one unit is
occupied by a single individual, the other may be occupied by not more than
three unrelated individuals if unrelated; and if not owner-occupied, one unit may be
no larger than 50% of the floor area of the larger, and each unit may be occupied by
no more than two unrelated persons, if unrelated, in R-1 Zones.
In R-2 and CR-2 R-3 Zones, each unit of a two-family dwelling may be occupied by
an individual or family and not more than two unrelated individuals.
Section 2. Effective date. This ordinance shall take effect immediately and in
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53
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Carried Unanimously
5.3 A An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter
325, Entitled “Zoning” To Amend the Definition of “Multiple Dwelling” and
“Dormitory” and Related Parking Requirements - Declaration of Lead Agency
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, State Law and Section 176-6 of the City Code require that a lead agency
be established for conducting environmental review of projects in accordance with local
and state environmental law, and
WHEREAS, State Law specifies that, for actions governed by local environmental
review, the lead agency shall be that local agency which has primary responsibility for
approving and funding or carrying out the action, and
WHEREAS, the proposed zoning amendment is an “Unlisted” Action pursuant to the
City Environmental Quality Review (CEQR) Ordinance, which requires environmental
review under CEQR; now, therefore, be it
RESOLVED, That the Common Council of the City of Ithaca does hereby declare itself
lead agency for the environmental review of the proposal to amending the Municipal
Code of the City of Ithaca, Chapter 325, Entitled “Zoning,” to amend the definitions of
“Multiple Dwelling” and “Dormitory” and their related parking requirements.
Carried Unanimously
5.3 B An Ordinance to Amend the City of Ithaca Municipal Code, Chapter 325,
Entitled “Zoning” to Amend the Definition of “Multiple Dwelling” and “Dormitory”
and Related Parking Requirements - Declaration of Environmental Significance
By Alderperson Murtagh: Seconded by Alderperson Mehler
WHEREAS, The Common Council is considering a proposal to amend the Municipal
Code of the City Of Ithaca, Chapter 325, Entitled “Zoning,” to amend the definitions of
“Multiple Dwelling” and “Dormitory” and related parking requirements, and
WHEREAS, the appropriate environmental review has been conducted, including the
preparation of a Short Environmental Assessment Form (SEAF), dated August 24,
2021, and
WHEREAS, the proposed action is an “Unlisted” Action under the City Environmental
Quality Review Ordinance, and
WHEREAS, the Common Council of the City of Ithaca, acting as lead agency, has
reviewed the SEAF prepared by planning staff; now, therefore, be it
RESOLVED, That this Common Council, as lead agency in this matter, hereby adopts
as its own the findings and conclusions more fully set forth on the Full Environmental
Assessment Form, dated August 24, 2021, and be it further
RESOLVED, That this Common Council, as lead agency in this matter, hereby
determines that the proposed action at issue will not have a significant effect on the
environment, and that further environmental review is unnecessary, and be it further
RESOLVED, That this resolution constitutes notice of this negative declaration and that
the City Clerk is hereby directed to file a copy of the same, together with any
attachments, in the City Clerk’s Office, and forward the same to any other parties as
required by law.
Carried Unanimously
5.3 C An Ordinance to Amend The Municipal Code Of The City Of Ithaca, Chapter
325, Entitled “Zoning” To Amend the Definition of “Multiple Dwelling” and
“Dormitory” and Related Parking Requirements
By Alderperson Murtagh: Seconded by Alderperson Fleming
WHEREAS, in the R-3 district and subsequent higher density zones, multiple
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54
dwellings are a permitted primary use along with rooming or boarding house; row
house, townhouse, or garden apartment living; cooperative households; and
fraternity, sorority, or group house,
WHEREAS, all of these uses are classified as multiple dwellings but are listed separately
on the zoning chart, and some of these subcategories of multiple dwelling have different
off-street parking requirements, and
WHEREAS, it is often advantageous to a property owner to request one subcategory
of multiple dwelling over another to reduce the amount of required off-street parking
that must be provided, and
WHEREAS, property owners will also request that the dormitory classification be
applied to a multiple dwelling, despite the intent that a dormitory be affiliated with an
education institution, and
WHEREAS, revising these two definitions and applying a consistent parking requirement
for all multiple dwellings will eliminate disproportionate parking impacts of multiple
dwellings in residential neighborhoods and will improve the review process for new
projects and ongoing housing inspections; now, therefore,
ORDINANCE NO.
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
Chapter 325 of the Municipal Code of the City of Ithaca be amended as follows:
Section 1. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is
hereby amended to read as follows:
DORMITORY: A multiple dwelling which provides sleeping accommodations and
domestic facilities and services for a group of college, university, or secondary
school students and is directly affiliated with the college, university, or secondary
school.
Section 2. Chapter 325, Section 325-3B of the Municipal Code of the City of Ithaca is
hereby amended to read as follows:
DWELLING, MULTIPLE OR MULTIPLE RESIDENCE
(1) A building containing three or more dwelling units.
(2) A single dwelling unit, without auxiliary social facilities, occupied by a group of
four or more unrelated persons, exclusive of minor dependent children in the care of
a parent or relative. (See the definition of “cooperative household” of this section.)
(3) A building containing living, sanitary and sleeping facilities occupied by one or two
families and more than two roomers or boarders, exclusive of minor dependent
children in the care of a parent or relative, residing with either one of such families.
(4)A building with one or more sleeping rooms, other than a one- or two-family
dwelling, used or occupied by permanent or transient paying guests or tenants.
(5) A building with sleeping accommodations for more than five persons used or
occupied as a club, dormitory, fraternity, sorority or group house or for similar uses.
(6) A building used or occupied as a convalescent, old-age or nursing home, but not
including private or public hospitals or public institutions.
(7) Rooming house; boarding house; cooperative household; fraternity,
sorority, or group house; row house, townhouse, or garden apartment housing
as defined in this section.
Section 3. Chapter 325, Section 325-8 of the Municipal Code of the City of Ithaca is
hereby amended to remove (1) Rooming or boarding house; (2) Cooperative household;
(3) Fraternity, sorority or group house; and (4) Townhouse or garden apartment
housing as separately-listed Permitted Primary Uses in the R-3, R-U, WE/WF, and ND
zoning districts.
Section 4. Chapter 325, Section 325-45.3A of the Municipal Code of the City of Ithaca is
hereby amended to remove (1) Rooming or boarding house; (2) Cooperative household;
(3) Fraternity, sorority or group house; and (4) Row house, townhouse or garden
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apartment housing as separately- listed Permitted Primary Uses in the CR-3, CR-4,
MU-1, and MU-2 zoning districts.
Section 5. Chapter 325, Section 325-8 and Section 325-20(3)(b) of the Municipal Code
of the City of Ithaca are hereby amended to eliminate the use-specific off-street parking
requirements for (1) fraternity, sorority, or group house; and (2) rooming or board house.
The dwelling unit off-street parking requirement shall apply to these multiple
dwellings.
Section 6. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
Alderperson Murtagh voiced his support for this change and expressed his hope that
the next Council eliminates the parking requirements city-wide as it would encourage
additional affordable housing.
A vote on the Ordinance resulted as follows:
Carried Unanimously
5.4 Right to Counsel Resolution
By Alderperson Murtagh: Seconded by Alderperson Lewis
WHEREAS, 74% of residents in the City of Ithaca are renters (HUD Consolidated Plan
2019-2023), including 56% of tenants who are housing cost burdened (paying more
than 30% of their income in rent) and 41% of tenants are severely housing cost
burdened (paying more than 50% of their income in rent); and
WHEREAS, 49% of Black renters and 45% of Latinx renters in the City of Ithaca are
severely housing cost burdened, compared to 25% of white renters (HUD Consolidated
Plan 2019-2023); and
WHEREAS, Black residents and female-headed households are disproportionately
subject to non-payment evictions (2018 local data); and
WHEREAS, a resolution was passed on April 1, 2020 by City of Ithaca Common
Council urging our state representatives to suspend for 90 days rent payments of
residential tenants and small business commercial tenants who have suffered a loss of
income as a result of government-ordered COVID-19 restrictions, and suspend
mortgage payments for the same period for property owners facing financial hardship as
a result of non-payment of rent; and
WHEREAS, the ongoing impact of the pandemic prompted the Centers for Disease
Control and Prevention to issue an eviction moratorium on September 4, 2020 through
July 31, 2021 that provided protection from eviction to prevent the spread of COVID-19
and to promote public health; and
WHEREAS, an eviction moratorium issued by New York State declared a moratorium
through August 31, 2021 suspending all non-payment eviction proceedings and pending
eviction orders; and
WHEREAS, funding through the Emergency Rental Assistance Program (ERAP) has
been plagued with difficulties at the state-level in processing applications and dispersing
funds to tenants who may be eligible for 12 months of rental arrears, with the possibility
of 3 months of prospective rent; and
WHEREAS, on August 2, 2021, upon the urging of Governor Hochul, the New York
State Legislature returned to Albany for a special session and voted to extend the
state’s eviction moratorium through January 15, 2022; and
WHEREAS, there exists no comprehensive data on pre-pandemic evictions in the City
of Ithaca other than a 2018 independent local study of 78 evictions ordered by City of
Ithaca Housing Court, in which proceedings most landlords had legal representation
and very few tenants were represented by a lawyer; and
November 3, 2021
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WHEREAS, the presence of eviction court monitors can provide support to tenants who
will no longer feel alone and so that a clear database can be developed on City of
Ithaca eviction cases; and
WHEREAS, a January 12, 2021 report from the ACLU and the National Coalition for a
Civil Right to Counsel posted an article, “Tenants’ Right to Counsel is Critical to Fight
Mass Evictions and Advance Race Equity During the Pandemic and Beyond” in which
they call upon the federal government to provide funding for Right to Counsel in eviction
proceedings; and
WHEREAS, several cities including Baltimore, MD; Philadelphia, PA; Cleveland, OH;
New York City, NY; and San Francisco, CA are enacting or have already enacted
legislation to ensure tenant protections in eviction cases through Right to Counsel as a
means to prevent disruptive displacement of residents, particularly for women of color
who are single mothers; and
WHEREAS, cities noted above that have adopted Right to Counsel bills have seen the
number of evictions drop significantly and tenants have been able to remain in their
homes; and
WHEREAS, legal advice and full representation for tenants would also protect against
Retaliatory Non-Renewal by empowering a tenant to sue a landlord if, by raising
concerns as to the physical condition of a housing unit, a tenant is retaliated against in
the form of non-renewal of a lease; and
WHEREAS, the Ithaca Eviction/Displacement Defense Project, funded in January 2020
through a grant from Enterprise Partners and managed locally by the Human Services
Coalition of Tompkins County has provided funding and developed partnerships with
Cornell Law School’s Tenants’ Rights Practicum (now in its third semester), LawNY,
HSC’s 211 Housing Specialists, Cornell Law School’s summer interns, a Cornell Law
Fellow, a Legal Hotline (Ithaca Tenants Resources), with the expectation of promoting
future pro bono legal resources for tenants; now, therefore be it,
RESOLVED, That the City of Ithaca Common Council commit city resources and work
with local partners named in this resolution to ensure tenant protections through a Right
to Counsel Program that will provide legal representation to tenants facing eviction
court.
Alderperson Murtagh thanked Alderperson Lewis for bringing this legislation forward
and for championing it. He noted that there are two parts to this initiative; an expression
of resolve to move forward with this program, and funding in the budget. Similar to what
other cities have done, this resolution is being considered with a budgetary
commitment.
Alderperson Lewis stated this was Resolution was prepared prior to the budget
deliberations. The City will commit resources and will work with local partners to
leverage services for the most vulnerable residents. An MOU with LawNY will be
prepared for the disbursement of city budget funds. The lawyers from LawNY will build
relationships within the court system so judges become familiar with the services that
can be provided to tenants.
A vote on the Resolution resulted as follows:
Carried Unanimously
5.5 Resolution to Authorize Mayor Svante Myrick to Designate a Program
Manager for the Cit y of Ithac a ’s Energy Efficiency Retrofitting and Thermal Load
Electrification Program
By Alderperson Murtagh: Seconded by Alderperson Kerslick
WHEREAS, the City of Ithaca (City) has demonstrated its desire and commitment to be
a leader in sustainability and social equity, as exemplified by adoption of the Ithaca
Green New Deal (IGND), and
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WHEREAS, to implement the IGND, the City will need to adopt emissions reduction
strategies to reach the goals stipulated in the resolution to adopt the IGND, and
WHEREAS, the implementation of the IGND will require reduction of greenhouse gas
emissions from energy use in buildings and transportation, and
WHEREAS, to reduce emissions in new construction and major renovations the City
adopted the Ithaca Energy Code Supplement in May 2021, and
WHEREAS, to further reduce emissions the City require a city-wide effort to maximize
energy efficiency and reduce greenhouse gas emissions from energy use in existing
buildings, and
WHEREAS, this effort would allow the creation of an estimated 400 jobs and the
reduction of approximately 40% of the emissions from energy use in existing buildings,
with particular focus on low and moderate income communities, and
WHEREAS, this effort will primarily focus on assisting low and moderate income
communities to make their homes and businesses more energy efficient and resilient,
by offering technical and financial assistance, and
WHEREAS, the City was able to assist local companies by obtaining commitments from
private investors to work directly with local companies to upfront all capital costs related
to energy efficiency retrofitting and substitution of thermal loads in existing buildings,
and
WHEREAS, this coordinated effort to reduce greenhouse gas emissions involving local
companies, the city government and the community will require specialized operational
and financial expertise, and
WHEREAS, the City used a competitive process to identify the best candidate to
manage this program, inviting local companies to partner with other organizations to
participate in this program, and
WHEREAS, the City received three proposals from local and out-of-state companies to
participate in the program, including one proposal from a consortium of five companies,
and
WHEREAS, the City reviewed the proposals using a predefined criteria resulting in one
consortium being recommended to become program manager, and
WHEREAS, the recommended proposal is that represented by Blocpower, Taitem
Engineering, Alturus, Guidehouse and Energetic Insurance, with support from Cornell
Cooperative Extension, NYSERDA and US Department of Energy; therefore, be it
RESOLVED, That the Common Council approves the designation of the consortium led
by Blocpower and including Taitem Engineering, Alturus, Guidehouse and Energetic
Insurance, as Program Manager for the City’s Energy Efficiency Retrofitting and
Thermal Load Electrification Program; and, be it further
RESOLVED, That the Common Council authorizes Mayor Svante Myrick to sign an
agreement with said consortium designating them as Program Manager, including the
following elements
Obligations of Program Manager:
• Set up and manage a financing facility to fund the energy efficiency retrofit and
thermal load electrification program.
• Manage relationship with local contractors, while also acting as a contractor.
• Manage grant application process for NYSERDA, NYS Department of
Environmental Conservation, US Department of Energy and US Environmental
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Protection Agency.
• Manage supply chain to drive economies of scale and cost reductions through
bulk purchasing.
• Assist the City with workforce development and training.
• Work with the City in the implementation of outreach programs.
Commitments by the City of Ithaca:
• Facilitate and assist the PM with outreach and customer acquisition.
• Review and approve work-completion reports to guarantee quality assurance.
• Supervise fair implementation of local company designation.
• Supervise implementation of climate justice (LMI).
• Supervise workforce development integration.
• Assist with negotiations with NYSERDA, NYS Department of Environmental
Conservation, US Department of Energy and US Environmental Protection
Agency.
and, be it further
RESOLVED, That such agreement will not include any obligation of the City of Ithaca to
provide loan guarantees, or include any obligation that would negatively affect the City’s
financial liability and credit rating; and, be it further
RESOLVED, That the City will continue to support the implementation of the energy
efficiency retrofitting and thermal load electrification program by convening
stakeholders, developing partnerships, and assisting with outreach to the community.
Alderperson Brock expressed gratitude to Director of Sustainability Aguirre-Torres for
creating an incredibly innovative and dynamic program to provide funding to help the
City work with residents to electrify existing buildings which will reduce greenhouse gas
emissions and achieve the City’s green building goals. She noted that this program has
garnered national attention and people are asking questions about how the funding
mechanism would help provide funding to enable this program while protecting the City
from extending itself financially in terms of providing loan security.
Director of Sustainability Aguirre-Torres explained that the proposed initiative is
designed to address the use of greenhouse gases and reduce emissions from energy
use in buildings by 40%. The intent of this program is to create the necessary
conditions for the City to become a target for private investors, thereby protecting it from
financial liability. The City is not equipped to manage a fund to execute this program, so
a third-party company is needed to manage the investment funds and front the capital
needed to assist local companies and sub-recipients to perform the retrofitting and
electrification work. New York State, working through NYSERDA, will provide loan
guarantees to low-income residents so everyone can participate in this program. It is
possible that through the use of rebates and incentives, very low or 0% interest loans
can be facilitated. He further stated that Ithaca is the first city in the world to attempt full
decarbonization of the building stock and noted that the Federal government is looking
to Ithaca to ensure that this program succeeds.
Alderperson McGonigal stated that the opportunities for local job creation and a more
complete use of our industrial zone are very exciting. He noted that Ithaca could raise a
whole class of underpaid people in our community, and he is looking forward to this.
Mayor Myrick expressed his excitement for this transformative initiative and thanked
Director of Sustainability Aguirre-Torres, Sustainability Planner Evans, Sustainability
Coordinator Goldsmith, Planning & Development Director JoAnn Cornish, and City
Attorney Lavine for their work on this program.
A vote on the Resolution resulted as follows:
Carried Unanimously
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59
Keith Kinch, Founder of BlocPower, thanked Mayor Myrick for being a leader in
electrification and job creation. He expressed his excitement about this program and
acknowledged the massive team effort needed to make it successful.
Donnel Baird, Founder of BlocPower, congratulated Mayor Myrick and Common Council
for advancing this program. He stated that he met with Vice President Harris, Secretary
of Energy Granholm, Senator Gillibrand, and former President Barack O’Bama and they
are very excited about this initiative. He noted that the current climate projections are
not good for the children of the world and quoted Mahatma Ghandi “Be the change you
wish to see in the world”. He stated that this action injects hope into the world and
BlocPower’s responsibility is to facilitate the process and remove any friction so that the
stakeholders can easily decarbonize the city.
Mayor Myrick recognized David Kay who is currently representing Ithaca in Europe on
climate issues.
5.6 An Ordinance to Amend the Municipal Code of the City of Ithaca, Chapter 325,
“Zoning”, to Establish the Cliff Street Retreat Planned Unit Development District
By Alderperson Murtagh: Seconded by Alderperson Brock
WHEREAS, on April 4, 2018, the Common Council adopted legislation creating a
Planned Unit Development Overlay District (PUDOD), and
WHEREAS, On March 18, 2021, the City of Ithaca received an application from 407
Holdings LLC for a Planned Unit Development (PUD) to be located at 407 Cliff Street.
The applicant is proposing the adaptive reuse of the approximately 25,290 SF existing
building from industrial/manufacturing to a mix of long stay and short stay residential
use, a small conference and meeting room function, office spaces, maker spaces, and
retail space along the street.
WHEREAS, the applicant has stated that the project could not proceed under the
existing zoning due to setback and height requirements, and
WHEREAS, a public information session, hosted by the applicant, was held on May 6,
2021 and the meeting was advertised in the Ithaca Journal, the property was posted
with signs and property owners within 500 feet of the property were notified by mail of
the meeting, now, therefore
ORDINANCE NO. 2021 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that
the Municipal Code of the City of Ithaca be amended to establish the Cliff Street Retreat
Planned Unit Development District (CSRPUD) as follows:
Cliff Street Retreat Planned Unit Development District (CSR-PUD)
Table of Contents
A. Legislative Intent
B. Permitted Uses
1. Primary
2. Accessory Uses
C. Off-Street Parking/Loading Requirements
D. Minimum Lot Size
1. Area in Square Feet
2. Width in Feet at Street Line
F. Maximum Building Height
G. Maximum Percentage of Lot Coverage by Buildings
H. Yard Dimensions.
1. Required Minimum Front Yard
2. Required Minimum Side Yard
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3. Required Minimum Other Side Yard
4. Required Minimum Rear Yard.
I. Minimum Building Height.
Cliff Street Retreat Planned Unit Development District
Part 1
Zoning Code
A. Legislative Intent
1. On March 18, 2021, the City of Ithaca received an application from 407
Holdings LLC for a Planned Unit Development (PUD) to be located at 407
Cliff Street. The applicant is proposing the adaptive reuse of the
approximately 25,290 SF existing building from industrial/manufacturing to
a mix of long stay and short stay residential use, a small conference and
meeting room function, office spaces, maker spaces, and retail space
along the street. The completed project is intended to provide the following
benefits to the community:
a) Adaptive reuse of a formerly industrial building including:
i. Conversion of a legally non-conforming industrial use in a
residential zone to a mix of uses, including residential, that are more
compatible with the surrounding residential contextii. Renovation of
the building exterior and site, including new facades, and exterior
features that improve the aesthetics of the neighborhood and are
more compatible with the surrounding residential context
B. Permitted Uses.
1. Primary Uses
1) One-family detached, semi-detached or attached dwelling or two-
family dwelling
2) Multiple Dwelling
3) Dormitory
4) Church and Related Building
5) Public Park or Playground
6) Library, Fire Station
7) Nursery School, Child Day Care Center, or Group Adult Day Care
8) Public, Private or Parochial School
9) Retail Store or Service Commercial Facility
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10) Restaurant, Tavern
11) Club, Lodge, Private Social Center
12) Confectionery, millinery, dressmaking, or other activities involving
light hand fabrication and sales
13) Theatre, bowling alley, auditorium or similar assembly space
14) Hotel, motel
15) Business or professional office
By Special Permit
16) Bed and Breakfast Homes and Inns
17) Wood shop, metal shop, maker space, other light manufacturing
activity
18) Public utility structure except office
2. Accessory Uses
1) Parking for uses on the property
2) Storage buildings not to exceed 200 SF
C. Off-Street Parking/Loading Requirements
a. Off-Street Parking
i. Residential
1. 1 space for first 3 bedrooms per dwelling unit
2. 2 spaces for 4 or 5 bedrooms per dwelling unit
3. 1 space for each additional bedroom per dwelling unit
ii. Restaurant, Tavern, Club, or Lodge: 1 space per 75 SF of net floor
assembly area
iii. All other uses: See §325-20.
b. Off Street Loading
i. One Space
E. Minimum Lot Size
1. Area in Square Feet: 4,000 SF
2. Width in Feet at Street Line: 40’
F. Maximum Building Height
a. 4 stories and 40’
G. Maximum Percentage of Lot Coverage by Buildings
a. 35%
H. Yard Dimensions
1. Yard Dimensions.
a. Required Minimum Front Yard: 0’ to property line for existing
buildings, 10’ to property line for new construction
b. Required Minimum Side Yard: 10’
c. Required Minimum Other Side Yard: 5’
d. Required Minimum Rear Yard: 15’
I. Minimum Building Height None
Section 2. The City Planning and Development Board, the City Clerk and the Planning
Department shall amend the district regulations chart in accordance with the
amendments made herewith.
Section 3. 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 4. Effective date. This ordinance shall take effect immediately and in
accordance with law upon publication of notices as provided in the Ithaca City Charter.
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Alderperson Lewis voiced her appreciation of the proposed adaptive reuse of this
building since Incodema has moved. She inquired about the addition of the 2-bedroom
cottages proposed for the northern portion of the site.
Deputy Planning and Development Director Nicholas explained that the cottages have
been part of the proposal for quite a while and noted that they were reviewed by the
Planning Board during site plan review.
Alderperson McGonigal questioned what the proposed use of cottages was. Mr. Lincoln
Morse explained that they would be used as long-term rental units.
Alderperson Brock expressed her excitement about this project and noted that the
addition of two long term rental units in the form of the cottages demonstrates how
responsive the developers have been to the requests of neighbors regarding the
retention of a neighborhood feel. She stated that the micro retail zones, meeting space,
makers space for job creation, and the transition of this industrial site into a more
residential space will be an attractive asset to the community.
A vote on the Ordinance resulted as follows:
Carried Unanimously
Alderperson Murtagh reported that a public hearing on Good Cause Eviction proposal
has been scheduled for November 10, 2021.
INDIVIDUAL MEMBER FILED RESOLUTION
6.1 Updated Wellness Program for 2021
By Alderperson Mohlenhoff: Seconded by Alderperson Kerslick
WHEREAS, in the face of the pandemic in 2020, the City changed health insurance
options for management and confidentials to establish the Platinum Plan as the
standard health insurance option for those employees, and
WHEREAS, in summer 2021 the CSEA Administrative Unit likewise agreed to a labor
contract establishing the Platinum Plan as the standard health insurance option for its
membership, and in support thereof the City agreed to provide all employees in that
bargaining unit (and confidentials) who are enrolled in the Platinum Plan the opportunity
to receive substantial financial incentives for successful participation in the Platinum Plan’s
wellness program, and
WHEREAS, on September 1, 2021, the Common Council adopted a resolution that
implemented wellness program incentives for management (and likewise expanded
2021 payment eligibility for the same for confidentials), providing those employees who
were “enrolled in the Platinum Plan as of July 1, 2021 [with] applicable wellness
amounts in 2021 prorated at 50% value without any need to satisfy wellness targets in
2021 (i.e., $1,000 for family plan participants, and $375 for individual plan participants),
but in succeeding full years at 100% value subject to achieving applicable targets”, and
WHEREAS, the September 1, 2021 resolution was adopted effective to July 1, 2021 “in
keeping with the July 1, 2021 effective date of other portions of this [9/1/21] resolution”
and “in light of the inability to administer Wellness testing in the short remainder of
2021”, and
WHEREAS, the September 1, 2021 resolution was premised upon the belief that
“Management should receive not only the burden of organization-wide shifts in the City’s
labor contracts, but also the benefits,” and that “because confidentials shifted with
management in 2020 to a standard of the Platinum Plan, they should receive the benefit
of the wellness incentives effective to the same July 1, 2021 date as management”, and
WHEREAS, upon further consideration, the Common Council has determined that, in
light of the full-year-2021 impact on management and confidentials of the shift in health
insurance plans, the City should provide those employees with full-year-2021
recognition of the pandemic-induced shift to the Platinum Plan as the standard health
November 3, 2021
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insurance option for those employees; now therefore be it
RESOLVED, That in light of the inability to administer Wellness testing in the short
remainder of 2021, all management employees who were enrolled in the Platinum Plan
as of January 1, 2021 and remain employed by the City as of November 3, 2021 shall
receive applicable wellness amounts in 2021 at 100% value without any need to satisfy
wellness targets in 2021 (i.e., $2,000 for family plan participants, and $750 for individual
plan participants), and in succeeding full years at 100% value subject to achieving
applicable targets as provided in the “Fringe Benefits for Managerial Personnel” policy
and associated implementation of the Wellness Program; and be it further
RESOLVED, That in light of the unique circumstance caused by the pandemic that
resulted in confidential employees shifting to the Platinum Plan as their standard health
insurance much earlier than did the CSEA-Admin contract, and further due to the
inability to administer Wellness testing in the short remainder of 2021, all confidential
employees who were enrolled in the Platinum Plan as of January 1, 2021 and remain
employed by the City as of November 3, 2021 shall, in lieu of the 2021 wellness
program benefits provided by the CSEA-Admin contract, receive applicable wellness
amounts in 2021 prorated at 100% value without any need to satisfy wellness targets in
2021 (i.e., $2,000 for family plan participants, and $750 for individual plan participants),
and in succeeding full years subject to achieving applicable targets as provided in the
CSEA-Admin contract to which confidential compensation and benefits is standardly
tracked; and be it further
RESOLVED, That in 2022 and beyond the compensation and benefits for confidentials,
including the wellness program incentive, shall, without regard to this resolution or its
predecessor continue to track the CSEA-Admin contract to which confidential
compensation and benefits is standardly tracked; and be it further
RESOLVED, That those employees qualifying for a 2021 wellness incentive payment
under the terms of the September 1, 2021 resolution but not qualifying under the terms
of this resolution shall still benefit under the terms of the September 1, 2021 resolution.
Carried Unanimously
MAYOR’S APPOINTMENTS
7.1 Recommendation to Tompkins Consolidated Area Transit Board
By Alderperson Mohlenhoff: Seconded by Alderperson Nguyen
RESOLVED, That Common Council recommends that Laura Lewis be elected as a
Director of the Tompkins Consolidated Area Transit Board with a term to expire
December 31, 2024, and be it further
7.2 Appointments to the Board of Zoning Appeals
RESOLVED, That Michael Cannon be appointed to the Board of Zoning Appeals to
replace Suzanne Charles, with a term to expire December 31, 2023.
Carried Unanimously
Motion to Enter into Executive Session to Discuss Pending Litigation
By Alderperson Mohlenhoff: Seconded by Alderperson Lewis
RESOLVED, That Common Council enter into Executive Session to discuss pending
litigation.
Carried Unanimously
Reconvene:
Common Council reconvened into Regular Session with no formal action taken.
Resolution – Authorizing and Approving a Settlement Agreement to An Action
Relating to the Opioid Crisis
By Alderperson Kerslick: Seconded by Alderperson Fleming
WHEREAS, the City has for some time joined with many other municipalities in retaining
outside counsel to represent the City’s interests in recovering damages in the
nationwide litigation pertaining to the opioid epidemic, and
November 3, 2021
64
WHEREAS, that litigation has been against several defendants, including
manufacturers of opioids, distributors of opioids and chain pharmacies, and
WHEREAS, the litigation alleges several causes of action against defendants
McKesson Corporation, Cardinal Health, Inc., AmerisourceBergen Drug Corporation,
PSS World Medical, Inc., Kinray, LLC, Bellco Drug Corporation, and American Medical
Distributors, Inc. (the “Distributors”) based on claims that the Distributors contributed to
the opioid epidemic by failing to comply with their obligations under the federal
Controlled Substances Act and the New York Controlled Substances Act to implement
adequate measures to prevent diversion of the prescription opioids they distributed to
pharmacies and others, all of which contributed to the opioid addiction public health
crisis, and
WHEREAS, the litigation alleges several causes of action against defendants Johnson
& Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals,
Inc. and Janssen Pharmaceutica, Inc. (“J&J) based on claims that J&J contributed to
the opioid epidemic by falsely promoting prescription opioids it manufactured and sold
and by falsely promoting the increased use of opioids directly and generally through
various “front groups” and failing to implement measures to prevent diversion of
prescription opioids in connection with distribution of its products, all of which
contributed to the opioid public health crisis, and
WHEREAS, it is in the best interest of the City to resolve the above-referenced litigation
with respect to the Distributors and J&J without further litigation and enter into the
proposed settlement agreement and release (“Agreement”), as encouraged by outside
counsel and the New York Attorney General’s Office, as the Agreement shall settle all
allegations against the Distributors and J&J and avoid protracted litigation; now,
therefore be it
RESOLVED, that the City Attorney is hereby authorized to coordinate with outside
counsel to effectuate on behalf of the City (1) the execution of the New York-statewide
settlement agreements with the Distributors and J & J; (2) the execution of the New
York Opioid Settlement Sharing Agreement, by which the City can participate in the
proceeds of the statewide settlement in accord with the terms of that Sharing
Agreement and through the “Regional Spending Fund” for Approved Uses; and (3) the
execution, including by the Mayor as necessary, of such other documents as may be
necessary and appropriate to effectuate the foregoing.
Mayor Myrick thanked City Attorney Lavine for being proactive and encouraging the City
to join this lawsuit. He noted that the New York State Attorney General’s office has
indicated that this settlement deal is the best one available. It will hold accountable the
folks who intentionally put people in harm’s way and will help municipalities recoup a
small portion of the enormous damage done.
A vote on the Resolution resulted as follows:
Carried Unanimously
ADJOURNMENT:
On a motion the meeting adjourned at 9:30 p.m.
______________________________ _______________________________
Julie Conley Holcomb, CMC Svante L. Myrick
City Clerk Mayor
First Name *
Shannon
Last Name *
Alvord
Street Address*
Municipality *Note this may be different from your zip
code *
City of Ithaca
State *
New York
Topic of Discussion*
Unbroken Promise Initiative
Provide a brief description of the topic you will address.
Your Comments
Hello City of Ithaca Common Council Members, I am a Tompkins County employee on the Workforce Development Board and
the facilitator of a Youth Oversight Committee, a group of community members interested in expanding and promoting youth
employment opportunities in Tompkins County. Jordan Clemans is a member of this committee and has introduced to us his
visions for the Unbroken Promise Initiative. I write this note to express my support on behalf of Jordan Clemans and the
Unbroken Promise Initiative. This organization is what Ithaca community members have been seeking for decades - a
comprehensive program that provides marginalized and discounted youth an opportunity to find belonging in safe spaces and
connection with adult mentors who can truly emphasize with and uplift them. Jordan Clemens is a proven leader for this
program, working tireless with integrity, passion and grit to fill a gap in community programming for our most vulnerable
community members. Already in it's first year, UPI's youth enrichment programs have served a high volume of youth (they had
to CAP their program at 30 youth, the max of their capacity as currently funded) with a significant waiting list. This demand for
programming is encouraging and demonstrates its need. I support adding the Unbroken Promise Initiative to the City of Ithaca's
2022 budget, as I fully believe that this kind of youth-centered programming will be an incredible value-add to the City of Ithaca.
Thank you for considering. Sincerely, Shannon Alvord
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must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
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Common Council Public Comment Form - Submission #6427
Date Submitted: 10/21/2021
First Name *
Lyn
Last Name *
Greenspan Gallo
Street Address*
Municipality *Note this may be different from your zip
code *
City of Ithaca
State *
NY
Topic of Discussion*
Tent city
Provide a brief description of the topic you will address.
Your Comments
The number of tents that have popped up on the back road to Wegman's (the "Jungle"??) seems to be exploding. It looks like a
garbage dump as you come around the curve heading north to State Street by the new bridge. Is anyone monitoring what is
going on there or is the garbage dump going to be allowed to continue to grow? Allowing people to live in these conditions of
squalor and littering the land is not acceptable. I doubt that it is very safe or sanitary for that matter. I've lived in Ithaca since
1980 and have seen changes that I don't like such as big box stores, tall buildings, never ending development, and a significant
rise in crime... but this is ridiculous. I am sure this would be a turn off to tourists as well. Thank you for listening. How about
trying to do something about it? Sincerely, Lyn Greenspan Gallo
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Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
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Common Council Public Comment Form - Submission #6379
Date Submitted: 10/16/2021
First Name *
Jerone
Last Name *
Gagliano
Street Address*
Municipality *Note this may be different from your zip
code *
Ithaca
State *
New York
Topic of Discussion*
14850
Provide a brief description of the topic you will address.
Your Comments
Hello, My name is Jerone Gagliano, a long-time professional engineer and resident in the 2nd Ward. I would like make a
comment about 2 topics, and will keep it brief: First, Regarding Hiring a Program Manager for the City of Ithaca’s Energy
Efficiency Retrofitting Program: I think this program is fantastic and can make a very big impact on Ithaca's climate goals,
economy, and community! My concerns are: - Will BlocPower hire and/or use all local contractors and engineers? If not, why
and how will it lead to local, long-lasting job creation? - Based on my 2 decades of energy efficiency engineering experience, I
have concerns with some of the measures listed on page 158 of the agenda both in being able to best achieve the carbon
goals, and the potential negative impacts on the residents' living conditions. I plan to reach out to Luis Aguirre-Torres regarding
the specifications and guidelines that they plan to use. Second, Out of respect for the Council's time, I am speaking on behalf
of many city residents who were surprised and very disappointed by the last minute data exemption clause added to the
wireless codes at the last meeting. This opens a huge loophole that could allow hundreds of small cell antennas throughout our
City at whatever setback distances from homes that the telecom applicants want. This conflicts with the goals written in the
codes of minimizing unnecessary infrastructure and preserving downtown aesthetics, it violates the clear desires expressed by
so many Ithacans, and overrides the values and aims we heard from a number of you. Particularly disappointing is that this last
minute addition goes against the clear advice that attorney Campanelli gave you at the July City Administration meeting. As he
said then, this kind of data exemption clause is ineffective and that ANY MINIMUM DATA NUMBER is able to be manipulated.
To quote Mr. Campanelli: "If you want to talk about data download speed, they can provide an expert report to say anything they
want [and] ... how [will] your planning board be able to ascertain if whatever data or reports they give you on download speed is
accurate. And the answer is you can't." This provision was added with no discussion or debate, and it appeared that most
everyone voted under the false pretense of it sounding reasonable and not knowing the impact that this would have, despite Mr.
Campanelli's warning. This clause serves no purpose other than providing the telecom applicants with a free pass, exempting
them from these mindfully crafted codes. Given this, WE URGE you to rescind this provision from the code! We CANNOT
HAVE such impactful changes to our codes happen unintentionally. If there (somehow) is a place in Ithaca where people
consistently are unable to do basic web browsing, those citizens can petition the Council for a change. I have been told that Mr.
Campanelli is currently reviewing or rewriting part of our codes. That is good to hear, but WE ASK that you have him review ALL
of the sections related to the wireless codes before final approval. Thank you for your time.
Contact Information
If you would like to leave your e-mail address and/or telephone number, please do.
Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
First Name *
Jude
Last Name *
Rose
Street Address*
Municipality *Note this may be different from your zip
code *
Ithaca
State *
14850
Topic of Discussion*
In Support of UPI Project
Provide a brief description of the topic you will address.
Your Comments
Dear Council Members, I am writing to support the UPI PUD project. I am a west hill resident who worked with Jordan over the
last year and a half while in my prior role as a child care planner/developer. Jordan has been relentless in his pursuit of
information and contacts to further his vision. After a few initial introductions, he found his own way to contact and connect with
community leaders, architects and developers - many who I would have sent him to. In my experience, Jordan knows it can't all
be done alone. His vision is about community development and includes fostering leadership and business development within
the black community. As a new developer, Jordan seeks out people who can help, and follows up. I mentioned child care
regulations one day, and the next day when we talked, he was already reading them. The next time we talked, he already was
already meeting with the City, an architect and more. Jordan is a persistent and visionary leader who has shown he is sincere
and can adapt to the challenges that come. He has had to pivot regarding locations and remains focused on the purpose of his
work. In my experience he is a community builder and tries to share information with others to support the leadership
development of others. In addition to housing, when realized, this project will provide training, business development and very
needed child care. I hope that you will recognize the work of Jordan and UPI by supporting the west hill development project
and the ensuing black business development that is part of the promise. Truly, Jude Rose
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If you would like to leave your e-mail address and/or telephone number, please do.
Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
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Common Council Public Comment Form - Submission #6479
Date Submitted: 11/3/2021
First Name *
Peter
Last Name *
Wissoker
Street Address*
Municipality *Note this may be different from your zip
code *
Ithaca
State *
NY
Topic of Discussion*
Green New Deal Partner
Provide a brief description of the topic you will address.
Your Comments
Please don’t give the Mayor the authority to contract with the Blocpower team without the terms of the deal coming back to
Common Council for approval (following a public hearing). I recognize the desire to keep the process moving along, but given its
complicated nature and the amount of money and decision-making power that is involved, it is simply too much to surrender to
a third party at this stage. At this point there are still too many outstanding questions, at least to me as a member of the
public, to let this just proceed without having Common Council weigh in again. These include: 1. Bloc Power is backed by a
number of investors. If it goes public, how do we know that whatever agreement we have with them will meet their shareholdersâ
€™ expectations? And what happens if it does not? 2. On the face of it we do not fit Alturus’ business model, which seems
to focus on investment in, and reselling of corporations. That is not what is happening here. What is their role and what are their
expectations? 3. If the arrangement does not generate sufficient revenue for our “partners†will they drop out of the
program (and leave either us or NYS taxpayers holding the bill) or will they put pressure on officials or building owners in ways
that serve them more than us? Thank you, Peter Wissoker 705 N. Tioga St.
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Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
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Common Council Public Comment Form - Submission #6478
Date Submitted: 11/3/2021
First Name *
Thomas
Last Name *
Shelley
Street Address*
Municipality *Note this may be different from your zip
code *
14850
State *
NY
Topic of Discussion*
Court St. Rezoning
Provide a brief description of the topic you will address.
Your Comments
Letter provided to all earlier today.
Contact Information
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Thank you for sharing your thoughts with us. Please note: comments must be 3 minutes (or shorter) in length when read, and
must adhere to the Common Council Rules of Order. Until we can all be together again, we wish you good health!
Print
Common Council Public Comment Form - Submission #6477
Date Submitted: 11/3/2021