HomeMy WebLinkAboutMN-CA-2011-02-01CITY ADMINISTRATION COMMITTEE
Regular Meeting
February 23, 2011
Members
Present: Alderperson Coles, Alderperson Zumoff, Alderperson Mohlenhoff, Alderperson Rooker,
Alderperson Clairborne, Mayor Peterson
Staff
Present: Chuck Baker (Chief Water Plant Operator), Scott Gibson (Environmental Engineer), Erik
Whitney (Asst. Supt), Bill Gray (Superintendent of Public Works), Duane Twardokus (IT
Director), Dan Hoffinan (City Attorney), Julie Holcomb (City Clerk), Leslyn McBean-
Clairborne (Deputy GIAC Director), Leslie Chatterton (Landmarks Planner), Kathy Gehring
(Executive Assistant), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley
Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant)
Others
Present: Nels Bohn (IURA Executive Director), Gary Ferguson (DIA Executive Director), Members of
the Public, Members of the Media
Chairperson Coles called the meeting to order at 7:04 p.m.
1. Chairperson Greeting & Opening Statement
Chairperson Coles welcomed everyone to the meeting and explained the evacuation procedures.
2. Announcements
Chairperson Coles stated that she has identified dates and times for the 2012 budget hearings. This information
was distributed to Common Council members. She asked members to respond as soon as possible regarding
their availability.
3. Agenda Review and Amendments
Chairperson Coles stated that this will be the first in a series of reports from departments on the department's
diversity plan.
4. Approval of Minutes
Alderperson Mohlenhoff made a motion to approve the minutes, with corrections, from the January 26, 2011
meeting. Seconded by Alderperson Rooker. Motion carried unanimously.
5. Statements from the Public
Julie Holcomb, City Clerk, distributed information on the Special Event Permit Application. The Special
Events Team has spent a lot of time going over this document. This document explains the rules and
regulations for special events. Ms. Holcomb mentioned that the Clerk's Office gets anywhere between 30 -45
applications each year for special events. This year the Clerk's Office will start charging a non re- fundable
City Administration Committee Meeting
February 23, 2011
Page 2
application fee of $100. This fee will offset some of the costs incurred by the City. Ms. Holcomb asked the
Committee to review this document and provide her with feedback within the week.
Wade Wykstra, Member of the Board of Public Works and the Special Joint Committee, spoke about the IT
policy. Mr. Wykstra urged the Committee to make sure that proper input has been received from the DPW's
professional staff on this policy.
Bill Goldsmith, Member of the Board of Public Works, spoke about the IT policy. Mr. Goldsmith asked the
Committee to take into consideration the needs of the Water Department before passing this policy.
6. Employee Comments. None.
7. Common Council Response. None.
8. Workforce Diversity Advisory Committee (WDAC) Update. None.
9. Safety Committee Update. None.
10. Regular Reports from Departments Reporting to CA — Human Resources Department
HR Director Schelley Michell -Nunn distributed her diversity plan report. Ms. Michell -Nunn reported on the
following:
Mission: To be an essential partner that cultivates a high performing diverse workforce that provides
exceptional services to the community.
Demographics: The HR Department consists of six employees; of which five are females and one is male. Of
the six employees, there are 2 employees of color.
Attrition: Over the next three years, three employees are eligible to retire with only one employee indicating an
intention to retire.
Diversity Attribute: The HR Department is working on attribute 14, Communication and Information Sharing.
Even though HR is a small department, the staff is diverse in their backgrounds, communication styles and
learning styles. Staff participated in training and came to recognize the differences and commonalities in
communication styles.
Measurement: The HR Department will design and deliver a diversity /inclusion customer survey and
discuss /track communication mishaps at staff meetings.
Creating an Inclusive Work Environment: In the last six years, the HR Department has done the following:
• Staff participation in numerous training opportunities (e.g. Undoing Racism, Talking Circles);
• Put systems in place to promote consistency (e.g. Outreach/Hiring Policy);
• Instituted a rollout procedure for organization -wide policies;
• Implemented another tool to seek staff involvement (e.g. Employee Input Program);
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February 23, 2011
Page 3
Proactively promoting on -going education in diversity and inclusion (e.g. Senior Staff periodically
having guest speakers on a variety of diversity /inclusion topics);
Expanded the On- boarding process, formerly known as the New Hire Orientation;
Sponsors and participants in community organizations /events (e.g. The Diversity Consortium, Diversity
Roundtable, Sister Friend Event, The People's Festival, World of Skills Career Fair).
The Committee thanked the HR Director Michell -Nunn for the diversity report.
11. Ithaca Urban Renewal Agency (IURA)
Establish Capital Project for Ithaca Falls Overlook Investigation and Remediation Project
Moved by Alderperson Clairborne. Seconded by Alderperson Zumoff.
WHEREAS, the City of Ithaca (City) executed a State Assistance Contract (SAC) with the New
York State Department of Environmental Conservation for $700,200 through the Environmental
Restoration Program (ERP) for the City -owned Ithaca Falls Overlook site, and
WHEREAS the 0.95 acre Ithaca Falls Overlook site adjoins the former Ithaca Gun factory
building and extends from Lake Street North over the raceway to an overlook of Ithaca Falls, and
WHEREAS, capital project funding will be used to conduct an investigation to determine the
nature and define the limits of contamination both on -site and off -site and devise alternative
strategies to remediate environmental contamination for a future public park use and facilitate
private- sector redevelopment of the adjoining former Ithaca Gun factory site, and
WHEREAS, the project is also anticipated to include interim remedial measures to remove
existing sources of contamination, including subsurface lead contamination, and
WHEREAS, the ERP program provides 90% reimbursement for eligible on -site expenses and
100% reimbursement for eligible off -site expenses, and
WHEREAS, the estimated total project cost is $778,000, and
WHEREAS, the 10% local match ($77,800) has been pledged to the City by the redeveloper of
the former Ithaca Gun factory site, Travis and Travis Development, LLC per a public /private
redevelopment agreement executed on September 25, 2007, and
WHEREAS, the investigation phase of the ERP qualifies as a Type II action under the City of
Ithaca Environmental Quality Review Ordinance at §176- 5(C)(17):
"Information collection, including basic data collection and research, water quality and pollution
studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies
that do not commit the agency to undertake, fund or approve any Type I or unlisted action ", and
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February 23, 2011
Page 4
WHEREAS, should the site investigation recommend undertaking any interim remedial
measures to remove source contamination, such action shall undergo a separate environmental
review; now, therefore, be it
RESOLVED, That the Common Council hereby establishes Capital Project # 768 Ithaca Falls
Overlook Investigation & Remediation in an amount not to exceed $778,000 for the purpose of
accounting for project expenses to be reimbursed from the ERP program and Travis and Travis
Development, LLC, and be it further
RESOLVED, That funds needed for said Capital Project be derived from the issuance of bonds
or the advance from the General Fund with later repayment from the ERP and Travis
Development.
A vote on the resolution resulted as follows:
Passed unanimously.
2. Downtown Housing Market Study Funding Request
Moved by Alderperson Mohlenhof£ Seconded by Alderperson Clairborne.
WHEREAS, the Downtown Ithaca Alliance (DIA) proposes to commission a comprehensive
housing market study for downtown and center city, and
WHEREAS, the DIA has received a proposal to conduct such a study from the Danter Company,
a nationally renowned housing market research firm specializing in residential market studies,
and
WHEREAS, the study will provide an analysis of the overall demand for market -rate and
affordable multi - family apartments and condominiums in the downtown area by rent /sales price,
unit mix, unit size and absorption rate, and
WHEREAS, the study will additionally analyze the impact on housing demand if an enhanced
public transportation system connecting downtown to Cornell University and Ithaca College
were developed, and
WHEREAS, the cost of the study is $12,250, and
WHEREAS, the DIA has committed $5,250 toward the study, and seeks match funding from
Tompkins County, City of Ithaca, Cornell University and Ithaca College, and
WHEREAS, the DIA requests $2,000 in funding from the City of Ithaca for this housing market
study, and
WHEREAS, the 2011 City of Ithaca budget includes $167,000 in the unrestricted account, and
WHEREAS, the results of the study will assist the public and private sector in developing
housing in the downtown area that would meet market demand, assess the impact on housing
City Administration Committee Meeting
February 23, 2011
Page 5
demand of developing an enhanced public transit system, and provide baseline housing data for
development of the City's Comprehensive Plan Update; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council does hereby authorize the City Controller
to make payment of an amount not to exceed $2,000 to the Downtown Ithaca Alliance for a
portion of the cost of a downtown housing market study to be conducted by the Danter
Company, and be it further
RESOLVED, That funding for this expense shall be transferred from Account # A1990 —
unrestricted contingency to Account A1010 -5435 Common Council contracts.
A vote on the resolution resulted as follows:
Passed unanimously.
12. Information Technology
1. Policy Regarding _Appropriate Use of Computer, Network and Phone Resources
Moved by Alderperson Zumof£ Seconded by Alderperson Rooker.
WHEREAS, the Department of Information Technology has collaborated with City staff as a
whole to develop a policy regarding the appropriate use of computer, network and phone
resources; now, therefore, be it
RESOLVED, That Common Council hereby adopts the "Policy Regarding Appropriate Use of
Computer, Network and Phone Resources" dated February 15, 2011.
A vote on the resolution resulted as follows:
Ayes (4): Coles, Mohlenhoff, Rooker, Zumoff
Nays (1): Clairborne
Motion carried 4 -1.
13. Department of Public Works
Intersection Bulb -outs on West Green & West Seneca Street at Corn and Plain Streets
Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhoff.
WHEREAS, a Project for the Intersection Bulb -outs on West Green & West Seneca Street,
P.I.N. 375462 (the "Project ") is eligible for funding under Title 23 U.S. Code, as amended, that
calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal
funds and 20% non - federal funds, and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non - federal share of the costs of Preliminary En ing eerie /�gn; and
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February 23, 2011
Page 6
WHEREAS, preliminary engineering and design are exempt from further environmental review
as Type II actions; now, therefore be it
RESOLVED, That the Common Council hereby approves the above - subject project, subject to
further environmental review of construction, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non - federal share of the cost of Preliminary
Engineering /Design work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $36,000 is hereby appropriated from the issuance of serial bonds
or General Fund advance and made available to cover the cost of participation in the above phase
of the Project, and it is further
RESOLVED, That Common Council hereby creates Capital Project # 769, Intersection Bulb -
outs on West Green & West Seneca Street, to include the Project costs of $36,000, and be it
further
RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds
the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon
as possible to appropriate said excess amount immediately upon the notification by the New
York State Department of Transportation ( NYSDOT) thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the NYSDOT in connection with the advancement or approval of the Project
and providing for the administration of the Project and the municipality's first instance funding
of Project costs and permanent funding of the local share of federal -aid and state -aid eligible
Project costs and all Project costs within appropriations therefore that are not so eligible, and be
it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $7,200 of
the $36,000 authorized for this portion of the project, in monies and in -kind services as managed
by the Superintendent of Public Works and monitored by the City Controller, and be it further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
A vote on the resolution resulted as follows:
Passed unanimously.
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February 23, 2011
Page 7
2. Master Agreement for Floral Avenue Multi -Use Facility
Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhof£
A resolution authorizing implementation and funding in the first instance 100% of the federal
aid - eligible costs and State "Marchiselli" program -aid eligible costs, of a transportation federal -
aid project, and appropriating funds therefore.
WHEREAS, a Project for the Floral Avenue Multi -Use Facility, P.I.N. 375463 (the "Project ") is
eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and 20% non - federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non - federal share of the costs of Preliminary En ink /�gn and Right -of -Way
Incidentals; and
WHEREAS, preliminary engineering, design and Right -of -Way Incidentals are exempt from
further environmental review as Type II actions; now, therefore be it
RESOLVED, that the Common Council hereby approves the above - subject project, subject to
further environmental review of construction, and be it further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non - federal share of the cost of Preliminary
Engineering /Design and Right -of -Way Incidentals work for the Project or portions thereof, and
be it further
RESOLVED, That the sum of $92,000 is hereby appropriated from the issuance of serial bonds
or General Fund advance and made available to cover the cost of participation in the above phase
of the Project, and be it further
RESOLVED, That Common Council hereby creates Capital Project # 770, Floral Avenue Multi -
Use Facility, to include the Project costs of $92,000, and be it further
RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds
the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon
as possible to appropriate said excess amount immediately upon the notification by the New
York State Department of Transportation ( NYSDOT) thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the NYSDOT in connection with the advancement or approval of the Project
and providing for the administration of the Project and the municipality's first instance funding
of Project costs and permanent funding of the local share of federal -aid and state -aid eligible
City Administration Committee Meeting
February 23, 2011
Page 8
Project costs and all Project costs within appropriations therefore that are not so eligible, and be
it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $18,400
of the $92,000 authorized for this portion of the project, in monies and in -kind services as
managed by the Superintendent of Public Works and monitored by the City Controller, and be it
further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
A vote on the resolution resulted as follows:
Passed unanimously.
3. Master Agreement for Traffic Signal Upgrade Phase II A resolution authorizing implementation
and funding in the first instance 100% of the federal aid - eligible costs and State "Marchiselli"
program -aid eligible costs, of a transportation federal -aid project, and appropriating funds
therefore.
Moved by Alderperson Rooker. Seconded by Alderperson Clairborne.
WHEREAS, a Project for the Traffic Signal Upgrade Phase II, P.I.N. 375464 (the "Project ") is
eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the
costs of such program to be borne at the ratio of 80% Federal funds and 20% non - federal funds,
and
WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100%
of the non - federal share of the costs of Preliminary Engineering and Design; and
WHEREAS, the installation of traffic signals is a Type II Action exempt from further
environmental review; now, therefore be it
RESOLVED, That the Common Council hereby approves the above - subject project, and be it
further
RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first
instance 100% of the federal and non - federal share of the cost of Preliminary Engineering and
Design work for the Project or portions thereof, and be it further
RESOLVED, That the sum of $174,000 is hereby appropriated from the issuance of serial bonds
and made available to cover the cost of participation in the above phase of the Project, and be it
further
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February 23, 2011
Page 9
RESOLVED, That Common Council, as part of the 2011 authorized budget, established Capital
Project # 765, Traffic Signal Upgrade Phase II, with a project cost of $174,000 and be it further
RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds
the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon
as possible to appropriate said excess amount immediately upon the notification by the New
York State Department of Transportation ( NYSDOT) thereof, and be it further
RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all
necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the
City of Ithaca with the NYSDOT in connection with the advancement or approval of the Project
and providing for the administration of the Project and the municipality's first instance funding
of Project costs and permanent funding of the local share of federal -aid and state -aid eligible
Project costs and all Project costs within appropriations therefore that are not so eligible, and be
it further
RESOLVED, That this project be undertaken with the understanding that the final cost of the
Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $34,800
of the $174,000 authorized for this portion of the project, in monies and in -kind services as
managed by the Superintendent of Public Works and monitored by the City Controller, and be it
further
RESOLVED, That a certified copy of this resolution be filed with the New York State
Commissioner of Transportation by attaching it to any necessary Agreement in connection with
the Project, and be it further
RESOLVED, This Resolution shall take effect immediately.
A vote on the resolution resulted as follows:
Passed unanimously.
14. Planning and Development
Establishment of Trust Fund for Martin Luther Kine Jr. Freedom W
Moved by Alderperson Clairborne. Seconded by Alderperson Mohlenhof£
WHEREAS, in 2008 Mayor Carolyn Peterson established a committee charged with the planning
and implementation of a walk to commemorate the life, work, and spirit of Martin Luther King
Jr., and the struggles for civil rights and social justice, and
WHEREAS, the Martin Luther King Jr. Freedom Walkway Implementation Committee has met
regularly since its establishment and over that time has developed a conceptual plan for the
content and physical manifestation of such a trail, and
City Administration Committee Meeting
February 23, 2011
Page 10
WHEREAS, in 2010 the Committee conducted several activities to highlight progress of the
freedom walk and to engage members of the public, including a design competition for the
development of a project logo and the development of a relationship with artist Rob Licht who
has been commissioned by a private donor to create a sculpture commemorating Martin Luther
King Jr. that, by way of agreement with the artist, will constitute the first "marker" of the Martin
Luther King Jr. Freedom Walkway, and
WHEREAS, on November 9th 2010, the Committee hosted a "Launch Party" at the Women's
Community Building, open to all and attended by 35 — 45 people representing a broad spectrum
of the Ithaca community, and
WHEREAS, the "launch" celebrated the unveiling of the initial Southside and Northside trail
"loops," the unveiling of the winning logo design and announcement of the winning artist, and
the unveiling of a wax model of Rob Licht's work in progress, and
WHEREAS, at the launch, Committee Chairperson Leslyn McBean Clairborne encouraged
attendees to get involved with the project and enumerated several specific means of involvement
including monetary donations for planning and implementation of the Martin Luther King Jr.
Freedom Walkway, and
WHEREAS, donated funds could be used for items including, but not limited to, consultant
contracts for research and development; fees for physical aspects of the trail including artist and
designer fees, fabrication of markers and signs, and development and implementation of printed
and electronic interpretive materials, and
WHEREAS, several donations were made to the Martin Luther King Jr. Freedom Walkway, both
during and after the launch event, and
WHEREAS, the Greater Ithaca Activities Center agreed to hold the funds in trust for a limited
time in order to give the Committee time to procure a permanent fund, and
WHEREAS, Committee staff has discussed with the City Controller the proposal to establish a
trust fund such that interested donors can make tax deductible donations to the Martin Luther
King Jr. Freedom Walkway, and the City Controller has suggested the Committee seek approval
from the Common Council; now, therefore, be it
RESOLVED, That the City of Ithaca Common Council establishes a trust fund dedicated to the
planning and implementation of the City of Ithaca Martin Luther King Jr. Freedom Walkway.
A vote on the resolution resulted as follows:
Passed unanimously.
15. Attorney's Office
An Ordinance to Amend Chapter 146 (`Building Code Enforcement "), Section 146 -50
( "Penalties for Offenses")
City Administration Committee Meeting
February 23, 2011
Page 11
Moved by Alderperson Rooker. Seconded by Alderperson Zumoff.
Ordinance #2011 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section 146 -50 of the Municipal Code of the City of Ithaca is hereby amended to read
as follows:
§ 146 -50 Penalties for Offenses.
In accordance with § 383 of Article 18 of the Executive Law of the State of New York:
A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move,
equip, use or occupy any building or structure or portion thereof in violation of any
provision of law or ordinance as well as any regulation or rule promulgated by the
Building Commissioner in accordance with applicable laws, or to fail in any manner to
comply with a notice, directive or order of the Building Commissioner or to construct,
alter, use or occupy any building or structure or part thereof in a manner not permitted by
an approved building permit or certificate of occupancy. No person shall commence any
work for which a building permit is required without first having obtained a building
permit issued by the Building Department.
B. If a property is in violation of any _provision of this chapter, the owner of the property
shall be guilty of an offense. In addition, any other person who shall violate any
provision of this chapter shall be guilty of an offense. Each day's continued violation
constitutes a separate offense unless otherwise provided herein. Each offense shall be
punishable by a fine of not less than $100 nor more than $250, unless otherwise provided
herein.
[B] C. Any person who shall fail to comply with a written order of the Building Commissioner
within the time fixed for compliance therewith and any owner, builder, architect, tenant,
contractor, subcontractor, construction superintendent or their agents or any other person taking
part or assisting in the construction or use of any building or any property who shall knowingly
violate any of the applicable provisions of law or any lawful order, notice, directive, permit or
certificate of the Building Commissioner made thereunder shall be punishable by fine of not less
than $250 nor more than $500. Each day that a violation continues shall be deemed a separate
offense.
[C] D. Except as provided otherwise by law, such violation shall not be a crime, and the penalty
or punishment imposed therefore shall not be deemed for any purpose a penal or criminal penalty
or punishment and shall not impose any disability upon or affect or impair the credibility as a
witness, or otherwise, of any person found guilty of such offense.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
City Administration Committee Meeting
February 23, 2011
Page 12
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Effective Date.
This ordinance shall take effect upon publication of notices as provided for in the Ithaca City
Charter.
After discussion, the Committee agreed to postpone this resolution until it has been reviewed by
the Building Commissioner and to have Assistant City Attorney Bob Sarachan at the meeting to
explain his changes /requests.
2. An Ordinance to Amend Chapter 210 ( "Housing Standards "), Section 210 -86 ( "Penalties for
Offenses"
The Committee agreed to postpone this resolution until it has been reviewed by the Building
Commissioner and to have Assistant City Attorney Bob Sarachan at the meeting to explain his
changes /requests.
Ordinance #2011 -
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Section 210 -86 of the Municipal Code of the City of Ithaca is hereby amended to read
as follows:
§ 210 -86 Penalties for offenses.
A. If a property is in violation of any provision of this chapter, the owner of the property
shall be guilty of an offense. In addition, any other person who shall violate any
provision of this chapter shall be guilty of an offense. Each day's continued violation
constitutes a separate offense unless otherwise provided herein. Each offense shall be
punishable by a fine not less than $100 nor more than $250 unless otherwise provided
herein.
B. Every person who shall fail to comply with a violation order issued by the Building
Commissioner within the time limit stated shall be guilty of an offense and, upon
conviction, shall be punished as provided in Chapter 1, General Pr- evisions, " tiele 1,
Penalties 146, Article VII, § 146 -50. Each day that a violation continues shall be a
separate offense.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any section,
subsection, sentence, clause, phrase or portion of this local law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Effective Date.
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February 23, 2011
Page 13
This ordinance shall take effect upon publication of notices as provided for in the Ithaca City
Charter.
A vote on the resolution resulted as follows:
Passed unanimously.
3. A Local Law to Amend the Charter of the City of Ithaca, Section C -10 ( "Election and terms of
office of Mayor, Judge and Council members"), to provide for certain two -year terms following
the federal census in conjunction with the possible redistricting ff. wards
Moved by Alderperson Rooker. Seconded by Alderperson Clairborne.
WHEREAS, the federal census of the population is conducted every ten years, in years ending in
"0 ", such as 2010; and
WHEREAS, following any such census, it may be necessary to adjust the boundaries or number
of wards in the City of Ithaca, in order to ensure equitable representation as required by law
and/or to achieve other desirable objectives; and
WHEREAS, the Common Council intends for any such redistricting to be in effect in the City
for the 2013 general election (following thorough study and consideration of the 2010 census
data and of various options for addressing ward composition in conjunction therewith); and
WHEREAS, in order to avoid the confusing situation where one alderperson from a ward is
representing the "old" ward area (as defined before redistricting), and the other is representing
the "new" ward area (post - redistricting), the Council has, after each census since at least 1980,
provided for two -year terms for those alderpersons elected in the following year (e.g., 1981,
1991, etc), and, in the subsequent local election year (e.g., 1983, 1993, etc), for one -half of those
alderpersons elected to have two -year terms, while the other half have four -year terms; and
WHEREAS, the Council wishes to use this same approach following the 2010 federal census,
and to institutionalize it for future decades; and
WHEREAS, State Election Law requires the City Clerk, at least eight months before each
general election, to certify to the Board of Elections which offices will be voted on at such
election; now therefore
Local Law -2011
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1:
Section C -10 of the Charter of the City of Ithaca is hereby amended (subject to mandatory by the
electors of the City) to read as follows:
[Language to be deleted is so designated ;" language to be added is underlined.]
City Administration Committee Meeting
February 23, 2011
Page 14
§ C -10. Election and terms of office of Mayor, Judge and Council members.
A. At the general election held in November 1995, and in every four years thereafter, a
Mayor shall be elected for a term of four years. At the general election held in November
1989 and each sixth year thereafter, a City Judge shall be elected for a term of six years.
At the general elections held in November 1983 and in November 1985, one Council
member shall be elected from each of the City wards, as described in § C -3 of the Ithaca
City Charter, for a term of four years. Thereafter (except as described in the following
paragraph), in each odd - numbered year, one Council member shall be elected from each
such ward, for a term of four years, in place of the Council member from that ward
whose term of office shall next thereafter expire. Nothing in this section shall operate to
shorten the term of any public officer in office. In the case of any special election for the
office of any Council member, such vacancy shall be filled by election from the ward
from which the Council member who caused the vacancy was elected.
B. Notwithstanding the above, the term of all Council members elected in the general
election following the year of the decennial federal census (for example, in 2011 or 202 1)
shall be for a period of two years. In the next general election in an odd - numbered year
thereafter (for example, in 2013 or 2023), the terms of one -half of the Council members
elected at that time (to fill those seats with expiring, two -year terms) shall be for a period
of two years, while the terms of the other half of the Council members elected at that time
shall be for a period of four years. Thereafter, for the remainder of each decade (for
example, in 2015, 2017 and 2019), the terms of all Council members elected in those
years shall be four years.
C. For elections of Common Council members to be held in years ending in "3" (as
described above), two Common Council members shall be elected for each ward. On the
election ballot there shall be printed, for each ward, the office of "member of Common
Council for a term of four years" and the office of "member of Common Council for a
term of two years." In all matters affecting the nomination and designation of candidates
for election, it shall be designated whether the candidate is seeking the office with a term
of four years or the office with a term of two years.
Section 2. Severability.
Severability is intended throughout and within the provisions of this local law. If any
section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid
or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the
validity of the remaining portion.
Section 3. Mandatory Referendum.
This local law shall be submitted to a referendum at the next general election, on November
8, 2011.
Section 4. Effective Date.
This local law shall take effect after it is approved by the electorate at the next general
election and is subsequently filed in the office of the Secretary of State.
City Administration Committee Meeting
February 23, 2011
Page 15
A vote on the resolution resulted as follows:
Passed unanimously.
4. Approval of Agreement between Village of CMga Heights and the City for Building Inspection
Services
Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhoff.
WHEREAS, both the Village of Cayuga Heights and the City of Ithaca are required to issue
permits for, and cause the inspection of alterations and construction within their jurisdictional
limits; and
WHEREAS, both the City and the Village enforce the provisions of the New York State Uniform
Fire Prevention and Building Code and the New York State Multiple Residence Law, as well as
their own zoning, site plan development review, environmental review, building, housing and
fire codes, where applicable; and
WHEREAS, certain improvements are located on parcels which lie partially in both jurisdictions,
and are therefore subject to the code enforcement programs of each municipality; and
WHEREAS, both municipalities are desirous of providing qualified building and fire inspection
services in a cost - effective manner and avoiding a duplication of services and/or confusion to
property owners to the extent possible; and
WHEREAS, the parties are desirous of entering into an inter - municipal agreement in which the
City would provide the Village with required building and fire inspection service under the New
York State Uniform Fire Prevention and Building Code and the New York State Multiple
Residence Law, to the extent applicable, for alterations and construction taking place on property
which lies within both jurisdictions; and
WHEREAS, the City has appropriate, trained and certified building and fire code enforcement
personnel; now, therefore be it
RESOLVED, That the Mayor is hereby authorized to enter into the attached Inter - Municipal
Agreement between the City of Ithaca and the Village of Cayuga Heights for building inspection
services.
A vote on the resolution resulted as follows:
Passed unanimously.
16. Police Department
Request to Amend 2011 Budget
Moved by Alderperson Zumof£ Seconded by Alderperson Clairborne.
City Administration Committee Meeting
February 23, 2011
Page 16
WHEREAS, the Ithaca Police Department will be hosting a training titled "Traffic Crash
Reconstruction P' and
WHEREAS, the course cost is $1,100 per participant with 12 participants expected, and
WHEREAS, the tuitions paid by participants will be used to pay for expenses related to the
course, and
WHEREAS, the training course was not part of the 2011 authorized Police Department budget;
now, therefore be it
RESOLVED, That Common Council hereby approves the following 2011 budget amendment for
the purpose of accounting for said training program in the amount of $13,200 as follows:
Increase Revenue Account:
A3120 -2770 Unclassified Revenue $13,200
Increase Appropriation Account:
A3120 -5440 -5001 Staff Development $13,200
A vote on the resolution resulted as follows:
Passed unanimously.
17. Human Resources (HR) Department
Request For Extension of Supplemental Military Leave Benefits
Moved by Alderperson Mohlenhoff. Seconded by Alderperson Clairborne.
WHEREAS, on November 7, 2001, October 2, 2002, February 5, 2003, and June 6, 2007,
Common Council passed resolutions providing Supplemental Military Leave benefits for City
employees who were called to active military duty due to the wars in Iraq and Afghanistan, and
WHEREAS, the Supplemental Military Leave benefits granted by Common Council expired on
December 31, 2008, and
WHEREAS, Reservists continue to be called to active military duty due to the wars in Iraq and
Afghanistan, and
WHEREAS, it continues to be the desire of Common Council to ease the financial strain on the
families of those Reservists continuing to serve their country due to active military action; now,
therefore be it
RESOLVED, That upon the signing of a Memorandum of Understanding with the CSEA
Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association,
Ithaca Professional Firefighters Association, Chief Officers Unit, and the City Executive
Association, the City will pay the difference between the military pay received from the United
City Administration Committee Meeting
February 23, 2011
Page 17
States Government and/or the State of New York by a City employee and the base City salary
such employee would have received for his /her regularly scheduled work week if such employee
had not been called to active duty, through March 31, 2012, and be it further
RESOLVED, That in the event that an employee's military pay exceeds or equals his /her base
City salary, no supplemental pay shall be authorized, and be it further
RESOLVED, That upon the signing of a Memorandum of Understanding with the CSEA
Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent Association,
Ithaca Professional Firefighters Association, Chief Officers Unit, and the City Executive
Association, the City will hereby continue to provide individual and family health insurance
coverage, in the same manner as it was provided when the employee was working, through
March 31, 2012, for those employees called to active duty.
Chairperson Coles made a motion to amend the first Resolved as follows: ... United States
Government and /or the State of New York by a City employee in such unit or association...
Seconded by Alderperson Mohlenhof. . Motion carried 5 -0.
A vote on the resolution as amended resulted as follows:
Passed unanimously.
2. Amendment to Personnel Roster — Human Resources Department
Moved by Alderperson Mohlenhoff. Seconded by Alderperson Zumoff.
WHEREAS, the Manager of Organizational Development has been called to active military duty
for a minimum of twelve months, and
WHEREAS, in recognition of the City's budget situation, the Human Resources Department is
willing to leave the position vacant during the Manager of Organizational Development's
absence, and
WHEREAS, the Human Resources Department will attempt to utilize existing staff to absorb
some of the position's responsibilities, and will reduce or suspend the provision of other services
during the Manager of Organizational Development's absence, and
WHEREAS, the Deputy Director of Human Resources has agreed to return to a full -time work
schedule to assist with this interim staffing plan, and
WHEREAS, this interim staffing plan will result in a significant budgetary savings for the City;
now therefore, be it
RESOLVED, That Common Council hereby amends the 2011 authorized Personnel Roster for
the Human Resources Department as follows: the workweek of the position of Deputy Director
of Human Resources is hereby increased from thirty (30) hours /week to forty (40) hours /week
effective immediately.
City Administration Committee Meeting
February 23, 2011
Page 18
A vote on the resolution resulted as follows:
Passed unanimously.
3. Request To Transfer Funds From Unrestricted ContingencX
Moved by Alderperson Mohlenhof£ Seconded by Alderperson Clairborne.
WHEREAS, in 2010, Mayor Carolyn K. Peterson formed an a working group to develop and
institute performance measures for all City Departments, and
WHEREAS, in 2011, Common Council provided funding to hire a consultant to work with the
City on organizational effectiveness strategies, and
WHEREAS, the working group has drafted a Request For Proposals to develop an
Organizational Effectiveness Framework that will enable the City to operate as effectively and
efficiently as possible, especially given the lean economic times, and
WHEREAS, in addition to the organizational effectiveness work to be conducted by the
consultant, the working group has determined that it is necessary and prudent to conduct a survey
to identify the services most important to the City residents, identify resident attitudes toward
city services, understand what services enhance the quality of life for city residents, as well as
establish a baseline for future surveys, and
WHEREAS, it is believed that the results of said survey will enable the City to align its limited
budgetary resources with city priorities, and
WHEREAS, the working group has identified a local resource, the Survey Research Institute at
Cornell, to develop a survey instrument, conduct a city -wide survey, and analyze the survey,
utilizing best practices, now therefore be it,
RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not
to exceed $6,500 from account A1990 unrestricted contingency to account A1430 5430 Human
Resources Fees for the purposes of funding said survey.
A vote on the resolution resulted as follows:
Ayes (4): Clairborne, Coles, Mohlenhoff, Rooker
Nays (1): Zumoff
Motion carried 4 -1.
4. Request to Amend the Human Resources Department 2011 Budget
Moved by Alderperson Mohlenhof£ Seconded by Alderperson Rooker.
City Administration Committee Meeting
February 23, 2011
Page 19
WHEREAS, the City of Ithaca has included in its 2011 authorized budget $5,000 for thirty (30)
city employees to participate in the 2011 Undoing Racism series facilitated by David Billings
from the People's Institute for Survival and Beyond, and
WHEREAS, the City of Ithaca is one of several local employers participating in this valuable
experience and has agreed to serve as the point of contact for contracting with David Billings,
and
WHEREAS, local employers have committed up to the sum of $10,000 additional funds for a
total not to exceed the sum of $15,000 that will be paid to the City of Ithaca to cover the cost of
their employees participating, and
WHEREAS, the City will issue a lump sum payment not to exceed $15,000 to David Billings for
all participants; now therefore be it
RESOLVED, That Common Council hereby amends the 2011 authorized budget for the Human
Resources Department by an amount not to exceed $10,000 for the purposes of accounting for
the 2011 Undoing Racism Series facilitated by David Billings as follows:
Increase Revenue Account:
A1430 -2705 Donations $10,000
Increase Appropriation Account:
A1430 -5440 Staff Development $10,000
A vote on the resolution resulted as follows:
Passed unanimously.
5. Director's Report. HR Director Michell -Nunn reported on the following:
CSEA Comp Study: The CSEA Comp Study has been fully implemented. The first paychecks
to see this increase were distributed last Thursday.
18. Finance /Controller
Controller's Report. Controller Thayer reported on the following:
Gas Prices: The gas prices continue to rise. By the summer, the cost of gas could be about
$5.00. This increase will have a negative impact on the budget.
Sales Tax: In 2011, the sales taxes are up 7.2 %; budget was increased by 3 %.
Health Insurance Cost: To date, the City has paid 2,350,000 in health insurance cost. The
Controller's Office is waiting on the last bill from Excellus BC /BS.
Parking Revenues: Since the City removed the one hour free parking, the Green Street Garage
and Seneca Street Garage are showing an increase in hourly collections.
City Administration Committee Meeting
February 23, 2011
Page 20
Activi . (tom): All activity for 2010 has not been posted. The City may see a deficit of about
$150,000.
19. Reports
Mayor's Report. The Mayor reported on the following:
NYCOM Meeting: The Mayor will be attending a meeting of the New York Conference of
Mayors ( NYCOM) on Sunday and Monday and will return on Tuesday.
Budget Meeting: They Mayor will put together a strategy plan for discussion at the next budget
meeting.
2. Sub - Committee Updates
Alderperson Rooker reported that the Shopping Cart Sub - Committee met today. The Committee
will meet with Assistant Superintendent Ray Benjamin on March 9, 2011.
3. Council Members' Announcements: None.
4. Next Month's Meeting: March 28, 2011.
20. Adjournment
With no further business and on a motion by Alderperson Clairborne, the meeting was adjourned at 11:00 p.m.