HomeMy WebLinkAboutMN-CC-1997-06-04
1
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. June 4, 1997
PRESENT:
Mayor Cohen
Alderpersons (9) - Sams, Shenk, Mackesey, Hanna, Gray,
Thorpe, Marcham, Blumenthal, Efroymson
OTHERS PRESENT:
City Clerk - Conley Holcomb
City Attorney - Geldenhuys
City Controller - Cafferillo
Building Commissioner - Eckstrom
Planning and Development Director - Van Cort
Superintendent of Public Works - Gray
Community Development Administrator - Stevenson
Acting Police Chief - Barnes
Fire Chief - Wilbur
Personnel Administrator - Saul
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the
American flag.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
BUDGET AND ADMINISTRATION COMMITTEE:
Alderperson Marcham requested the addition of Item 19.9 Request
from DPW for Temporary Adjustment of Hours - Resolution.
No Council members objected.
NEW BUSINESS:
Alderperson Blumenthal requested to add a resolution to Appoint
Patricia Vaughan to Fill Third Ward Vacancy of Common Council.
Mayor Cohen requested an executive session after the consent
agenda items regarding potential litigation.
Alderperson Efroymson requested that approval of the Department
Head Instrument Feedback be added to the agenda.
No Council members objected.
SPECIAL ORDER OF BUSINESS:
Public Hearing to consider an Ordinance Amending Sections 1-1,
325-23, 325-47 and 331-4 of the City of Ithaca Municipal Code,
known as the “Exterior Property Maintenance Ordinance”
Resolution to open Public Hearing
By Alderperson Blumenthal: Seconded by Alderperson Marcham
RESOLVED, that the Public Hearing to consider an Ordinance
amending Sections 1-1, 325-23, 325-47 and 331-4 of the City of
Ithaca Municipal Code be declared open.
Carried Unanimously
No one appeared before Council to address this issue.
Resolution to Close Public Hearing
By Alderperson Thorpe: Seconded by Alderperson Blumenthal
June 4, 1997
2
RESOLVED, That the Public Hearing to consider an Ordinance
amending Sections 1-1, 325-23, 325-47 and 331-4 of the City of
Ithaca Municipal Code be declared closed.
Carried Unanimously
YOUTH AWARD:
Alderperson Marcham, Fourth Ward, presented the June 1997 award to
the Learning Web’s Impact Volunteer Service Program. This group
is comprised of fourteen Ithaca High School students. The group
has completed Trail Work, Housing Repairs for INHS and EOC,
improvements to the Varna Community Center, cleaned up the
shoreline at Stewart Park, assisted GIAC with the Thanksgiving
Dinner and Washington Park plantings. A clean up of Ithaca Falls
is in the planning stages.
MAYOR'S APPOINTMENTS:
Ithaca Landmarks Preservation Commission
By Alderperson Gray : Seconded by Alderperson Mackesey
RESOLVED, that Linda Swieczkowski be appointed to Ithaca Landmarks
Preservation Commission with a term to expire December 31, 1997.
Carried Unanimously
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Sara Pines, Town of Ithaca, spoke on behalf of Nielsa and Jesus
Barreto, whose children are up for adoption against their will.
Ms. Pines requested that Common Council investigate this case and
review DSS policies.
Doria Higgins, Town of Ithaca, spoke to clarify comments she made
at the May 21, 1997 Planning and Economic Development Committee
Meeting regarding the Tompkins County Waterfront Plan.
Doug Passefall, the new (BID) Business Improvement District
Director, introduced himself to Common Council.
Joy Blumkin, Third Ward resident, spoke in support of Patricia
Vaughan filling the seat on Common Council vacated by John
Johnson.
Frances Weissman, Third Ward resident, offered her recommendation
that Patricia Vaughan be appointed to Common Council to fill the
vacant seat left by John Johnson.
Bill McCormick, City of Ithaca, announced that he is a candidate
for the Democratic nomination for the Second Ward Common Council
seat. Mr. McCormick spoke in opposition to the commercial
exclusion policies on Public Access channels.
Jesus and Nielsa Barreto addressed Council and asked for an
investigation regarding DSS policies.
Jack Booker, Third Ward resident, voiced his support for the
appointment of Patricia Vaughan to Common Council.
Faye Goughakis, City of Ithaca, informed Council that she is still
a candidate for the Fifth Ward Council seat. She stated that she
wrote a letter to President Rawlings regarding the problems that
Senior Week brings to the residents of the City. She further
stated that a pamphlet should be given to new students explaining
the rules of the City. Ms. Goughakis also expressed concern about
the traffic on Aurora Street.
June 4, 1997
3
Joel Zumoff, Third Ward resident, endorsed Patricia Vaughan to
fill the vacant seat left by John Johnson.
Bryna Fireside, Third Ward resident, stated that she is a
candidate for the Third Ward Common Council seat and will run in
the primary election in September.
Mary Raddant Tomlin, City of Ithaca, thanked Council, the Mayor,
Chief Barnes and the Ithaca Police Department for their help
during Senior Week.
Alderperson Hanna arrived at 7:45 P.M.
RESPONSE TO THE PUBLIC:
Alderperson Blumenthal thanked Ms. Goughakis for writing to
President Rawlings. She stated that there is a pamphlet that is
distributed to incoming students. Alderperson Blumenthal also
thanked Doria Higgins for her suggested language regarding the
adoption of the Tompkins County Waterfront Study.
Alderperson Thorpe spoke on the Baretto family/DSS issue.
Alderperson Mackesey suggested this item be referred to the
Community Issues Committee
NEW BUSINESS:
Resolution to Appoint Patricia Vaughan to Fill the Third Ward
Vacancy.
By Alderperson Blumenthal : Seconded by Alderperson Shenk.
WHEREAS, the resignation of John Johnson left a Third Ward seat
vacant on the Common Council, and
WHEREAS, the Charter of the city of Ithaca provides that, “if a
vacancy shall happen in any elective office other than Mayor, the
common Council shall fill the same by appointment”, and
WHEREAS, the Third Ward Democratic Committee interviewed three
prospective candidates to fill the vacancy and selected Patricia
Vaughan to recommend to Common Council; now, therefore, be it
RESOLVED, that Common Council, pursuant to Section C-200 of the
Charter of the City of Ithaca, hereby appoints Patricia Vaughan to
serve as a Common Council representative of the Third Ward through
December 31, 1997.
Discussion followed on the floor with Alderperson Thorpe proposing
the following amendment to the resolution.
Amending Resolution
By Alderperson Thorpe : Seconded by Alderperson Mackesey
RESOLVED, that the resolved clause be amended to replace the name
of Patricia Vaughan with Bryna Fireside.
Extensive discussion followed on the floor with Alderpersons
Shenk, Sams, Efroymson, Gray, Marcham, Blumenthal, Hanna, and
Mackesey speaking in favor of the Ward Selection Committee
process.
Alderpersons Thorpe and Mackesey withdrew the amendment.
Main Motion
A vote on the Main Motion resulted as follows:
June 4, 1997
4
Carried Unanimously
Patricia Vaughan was sworn into office by Mayor Cohen, and was
seated as a member of Common Council.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen read a Letter of Commendation from the Ithaca Fire
Department for Firefighter Shawn Flynn who saved the life of a
child on April 25, 1997.
Fire Chief Wilbur introduced these recruits who have just
successfully completed basic training. They are George Apgar, Pat
Sullivan, Tim Payne and Lenore McGarry.
Mayor Cohen read a Letter of Appreciation he received from
Robert Gates regarding Linda Jain, Code Inspector, Building
Department.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Thorpe reported that she would be on vacation starting
June 5, 1997 to June 12, 1997
Mayor Cohen reported that he and Alderperson Sams will be going on
a site visit next week.
Discussion followed regarding the appointment of an
Alternate/Alternate Acting Mayor.
Resolution
By Alderperson Shenk : Seconded by Alderperson Thorpe.
RESOLVED, that Pamela Mackesey be appointed as Alternate/Alternate
Acting Mayor during the absence of Alderperson Thorpe and Sams.
Carried Unanimously
REPORT OF CITY BOARDS, COMMISSIONS AND COMMITTEES:
Board of Public Works
Vice-Chair Ehrhardt reported on the following items:
The Board denied a request for reduction in sidewalk assessment on
First Street.
The Board authorized the Mayor to enter into an agreement with the
new property owner of the former Strand concerning a right-of-way.
The Board approved in concept the agreement between the City and
Cornell University on the Lake Source Cooling Project.
The Board approved the “sale” of State Street bricks for the
Hangar Theater. The normal fee for the bricks will be waived.
The Board approved a change in the traffic pattern on Spencer
Road. This change will be implemented on a 90-day trial basis
from July 1, 1997 to August 15, 1997.
Alderperson Mackesey commended Vice-Chair Ehrhardt and the Traffic
Committee for the efforts they have put forth in resolving traffic
concerns.
June 4, 1997
5
REPORT OF THE CITY ATTORNEY:
City Attorney Geldenhuys responded to Mr. McCormick’s comments
regarding cable access policies on Public Access. She reported
that this matter will be researched further and she will report
the findings to the Cable Commission.
CONSENT AGENDA ITEMS:
Alderpersons Shenk and Hanna requested that Item 16.5 Transfer of
Funds for City Court Sound System Upgrade be removed from the
consent agenda. Item 16.5 will be added to the Budget and
Administration Committee items.
Community Issues Committee
A Local Law to consolidate control of Fire Department buildings
and equipment in the Fire Department.
By Alderperson Thorpe : Seconded by Alderperson Blumenthal
LOCAL LAW No. 4 Of the Year 1997
City of Ithaca
Be it enacted by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. This local law is intended
to consolidate control of Fire Department buildings in the Fire
Department by conforming § C-61(A)(9) with §§ C-74 and C-96(A) of
the Ithaca City Code. This Local Law amends section 6 of Local
Law 2-1997.
Section 2. Section C-61(A)(9) of the Ithaca City Code is
hereby amended as follows:
Public Buildings and Property, but not public buildings
and equipment exclusively in the Fire Department
service.
Section 3. The footnote placed at Section C-61(A) pursuant
to section 1 of Local Law 2-1997 is hereby deleted.
Section 4. This Local Law shall be submitted to a referendum
at the next general election.
Section 5. This Local Law shall take effect after it is
approved by the electorate at the next general election and is
subsequently filed in the office of the secretary of state.
Carried Unanimously
LOCAL LAW No. 5 Of the Year 1997
City of Ithaca
A Local Law to establish uniform discipline and removal
procedures for selected City officers.
By Alderperson Thorpe : Seconded by Alderperson Blumenthal
Be it enacted by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. This local law is intended
to establish standardized discipline and removal procedures for
June 4, 1997
6
selected City officers. This Local Law amends Section 5 of Local
Law 2-1997.
Section 2. The current Section C-26.1 of the Ithaca City
Code titled “Discipline and removal of selected officers” is
hereby deleted from the Code.
Section 3. A new Section C-26.1 of the Ithaca City Code
titled “Discipline and removal of selected officers” is hereby
created as follows:
(A) Application of this section.
(1) The following city officers are subject to the
discipline and removal procedures found in this
section:
(a) Building Commissioner
(b) City Chamberlain
(c) City Clerk
(d) City Controller
(e) Personnel Administrator
(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
(B) Grounds for discipline or removal. A person subject to
this section shall not be removed or otherwise subjected
to any disciplinary penalty provided in this section
except for incompetence or misconduct.
(C) An “action” under this section commences with the
service of a notice of charges and encompasses all
activities undertaken pursuant to the notice of charges
including any subsequent investigation; disciplinary
action prior to a final determination; a hearing, if
requested; and the final determination.
(D) The “final determination” is the determination of
incompetence or misconduct, or the lack thereof,
including the imposition of a penalty, if any, made by
the final decision-maker.
June 4, 1997
7
(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:
(1) shall the penalty of removal be imposed in any
manner inconsistent with § 26.1(N), nor
(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 Mayor or
the Mayor’s designee may commence and/or prosecute an
action under this section.
(G) Time limit to commence an action.
(1) No action under this section shall be commenced
more than one year after the occurrence of the
alleged incompetence or misconduct.
(2) Notwithstanding any other provisions of this
section, no time limit shall be applied to the
commencement of actions where the alleged
misconduct or incompetence would, if proved in a
court of appropriate jurisdiction, constitute a
criminal offense.
(H) Notice of charges.
(1) Written notice must be provided to the officer
against whom an action is commenced and must
include a copy of the charges and reasons for those
charges.
(2) The officer against whom an action is commenced may
answer the notice of charges within twenty-one (21)
days of the service of the notice.
(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 Mayor
within ten (10) days of the service of the notice
of charges.
(2) The Mayor, after receiving a written request for a
hearing, must, within seven (7) 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
(7) days after the answer to the notice of charges
is forwarded to Common Council.
June 4, 1997
8
(4) The hearing must begin within forty-five (45) days
after the service of the notice of charges unless
the parties otherwise agree.
(J) Representation of officer.
(1) Prior to the notice of charges.
(a) An officer has the right to representation by
counsel or other representative of the
officer's choice where, at the time of
questioning, the officer appears to be a
potential subject of an action under this
section.
(b) An officer shall be notified in advance of
pre-action questioning of the officer's right
to representation.
(c) An officer shall be allowed a reasonable
amount of time in which to obtain
representation before pre-action questioning
may begin.
(d) After the aforementioned reasonable time
elapses, the officer may be questioned
notwithstanding any lack of representation.
(e) If a hearing is requested, the hearing officer
determines whether the time allowed for the
officer to obtain representation was
reasonable.
(2) During the hearing. The hearing officer must, upon
the request of the officer against whom the action
is commenced, permit the officer to have
representation by counsel or by another
representative of the officer's choice during all
phases of the hearing.
(K) Disciplinary action prior to the final determination.
The Mayor may impose any penalty short of removal that
the 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 thirty days.
(L) Hearing Officer.
(1) The hearing officer is the Common Council or the
Council's designee, but under no circumstances
shall the 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 §26.1(N).
(M) The Hearing.
(1) The City must prove the alleged incompetence or
misconduct by a preponderance of the evidence.
June 4, 1997
9
(2) Evidence.
(a) Formal rules of evidence are not required.
(b) The hearing officer must permit the officer
against whom the action is commenced to summon
witnesses.
(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 two-thirds (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.
Section 4. This Local Law shall be submitted to a referendum
at the next general election.
Section 5. This Local Law shall take effect after it is
approved by the electorate at the next general election and is
subsequently filed in the office of the Secretary of State.
Carried Unanimously
LOCAL LAW No. 6 Of the Year 1997
City of Ithaca
A Local Law to amend the grievance procedure.
By Alderperson Thorpe : Seconded By Alderperson Blumenthal
Be it enacted by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. This local law is intended to
amend the grievance procedure to provide a mechanism through which
department heads can pursue a grievance and through which a
grievance against a department head or the Mayor can be pursued.
In addition, this local law extends the timelines for the
presentation of and response to grievances. This local law amends
Local Law 3-1992.
Section 2. Section 90-4 (“Initial presentation”) is amended
as follows:
§ 90-4. Initial presentation.
June 4, 1997
10
A. Duty of employee. An employee who claims to have a
grievance shall present said grievance to his/her
immediate supervisor orally within ten (10) days after
the grievance occurs.
B. Duty of supervisor. The immediate supervisor shall
discuss the grievance with the employee, shall make such
investigation as deemed appropriate and shall consult
with superiors to such extent as deemed appropriate, all
on an informal basis.
C. Decision by supervisor. Within (10) days after
presentation of the grievance to the supervisor, the
immediate supervisor shall make a decision and
communicate the same to the employee presenting the
grievance and to the employee's representative, if any.
D. In the event that the immediate supervisor to whom
the initial presentation is made is a department head or
the Mayor, the grievant, if dissatisfied with the
decision communicated pursuant to subsection C, may,
within ten (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 Mayor. The
department head or Mayor shall respond to such statement
within ten (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.
Section 3. Section 90-5 (“Second stage of procedure”) is
amended as follows:
§ 90-5. Second stage of procedure.
A. Request for review. If an employee presenting a
grievance is not satisfied with the decision made by the
immediate supervisor, the employee may, within ten (10)
days thereafter, request a review and determination of
the grievance by the department head. Such request shall
be in writing and shall contain a statement as to the
specific nature of the grievance and the facts relating
to it. Such request shall be served upon both the
department head and the immediate supervisor to whom the
grievance was originally presented. Thereupon, and
within ten (10) days after receiving such request, the
immediate supervisor shall submit to the department head
a written statement of his/her information concerning
the specific nature of the grievance and the facts
relating to it.
B. Duty of department head or nominee. The department
head or the department head's nominee may and, at the
request of the employee, shall hold a hearing within
five (5) days after receiving the written request and
statement from the employee. The employee and the
employee's representative, if any, may appear at the
hearing and present oral statements or arguments.
C. Decision by department head or nominee. Within ten
(10) days after the close of the hearing or within ten
(10) days after the grievance has been submitted to the
department head if there is no hearing, the department
head or the department head's nominee shall make a
decision and communicate the same to the employee
June 4, 1997
11
presenting the grievance and to the employee's
representative, if any.
Section 4. Section 90-6(B) is amended as follows:
B. Members. The members of this Board shall be a
standing committee of the Common Council to be appointed
by the Mayor and to serve at the pleasure of the Mayor.
The Mayor also shall appoint an alternate to serve in
the absence or inability of any member to serve. In the
event that a grievance arises to which the Mayor is a
party, Common Council shall, by majority vote, appoint a
three-member ad hoc Grievance Board to hear that
particular grievance.
Section 5. Section 90-7(B) is amended as follows:
B. Written statement by the department head. The
Grievance Board may request the department head to
submit a written statement of facts, including a summary
of the record of the hearing, if there was a hearing,
and the original or a true copy of any other record or
document used by the department head or the department
head's nominee in making a decision. Such written
statement shall be submitted within ten (10) days after
request by the Grievance Board.
Section 6. Section 90-7(I) is amended as follows:
I. Report. The Grievance Board shall make its report,
in writing, within ten (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 Mayor 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.
Section 7. This Local Law shall take effect after it is filed
in the office of the Secretary of State.
Carried Unanimously
LOCAL LAW No. 7 Of the Year 1997
A Local Law to reorganize the Finance Department.
By Alderperson Thorpe : Seconded By Alderperson Blumenthal
Be it enacted by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. This local law is intended
to reorganize the City of Ithaca Finance Department. This Local
Law amends Local Law 5-1960, as amended.
Section 2. Section C-19 of the Ithaca City Code is hereby
amended as follows:
June 4, 1997
12
Department of Finance
There shall be a Department of Finance, the joint heads
of which shall be the City Controller and the City
Chamberlain. The City Controller and the City
Chamberlain shall be appointed by the Mayor in the
manner provided in § C-26 below.
A. Offices in Department of Finance. Within the
Department of Finance, there shall be the following
offices:
(1) The Office of Budget and Control, the head of
which shall be the City Controller.
(2) The Office of the City Chamberlain, the head
of which shall be the City Chamberlain.
B. Management of the Department.
(1) The Controller and Chamberlain, within their
respective offices, shall each have the
authority to hire, discipline, and remove the
employees of those offices independent of the
other department head.
(2) The Controller and Chamberlain, within their
respective offices, shall each direct and
supervise the work of the employees of those
offices independent of the other department
head.
(3) Employees of the department, regardless of
which office is their primary assignment, may
be trained to substitute for employees of the
other office.
(4) Substitute assignments of employees within the
department shall be made upon the agreement of
both department heads and such assignments
shall be temporary unless a permanent
reassignment is explicitly authorized by both
department heads.
C. Powers and duties of the City Controller. The City
Controller shall:
(1) Serve as the chief financial officer of the
city for the purposes of New York State Law.
(2) Organize the work of the Office of Budget and
Control. The City Controller may assign and
transfer administrative functions, powers, and
duties within the Office of Budget and Control
as the best interest of the city may appear,
subject to the Charter, local law, or
ordinance.
(3) Prescribe and enforce a general accounting
system for the city government and each of its
offices, departments and agencies.
(4) Provide for the exercise of budgetary control
for each separate appropriation account and
establish procedures and practices for the
preauditing and control of all city revenues
and expenditures; the custody, receipt and
disbursements of city moneys through the
Chamberlain's Office; the safety and
investment of the city's funds; the management
of its debts; and the development of policies
to safeguard the city's financial interest to
the fullest extent.
(5) Maintain the central books of account of the
city government.
June 4, 1997
13
(6) Audit all payrolls, bills, claims and demands
against the city, upon certification by a
department head that the amount is due and
unpaid according to the records and
information of said department. The City
Controller shall prepare, sign and transmit to
the Chamberlain an order directing the
Chamberlain to pay compensation due to
officers and employees listed on a payroll and
the bills, claims or demands listed on each
abstract showing the names of claimants, the
amounts approved for payment and the funds
chargeable therewith.
(7) Maintain a central payroll system and all
social security, pension and insurance records
required for city personnel.
(8) Control all expenditures within the limits of
legal authorization and budget appropriations;
and unless the Controller shall certify that
there is an unencumbered balance of
appropriation and available funds, no
appropriation shall be encumbered and no
commitment or expenditure shall be made.
(9) Compile and prepare the current expense and
revenue estimates for the annual budget.
(10) Compile and prepare the capital estimates for
the annual budget, based upon such capital
program as may be adopted by the Common
Council.
(11) Have such other functions, powers and duties
with respect to the administration of the city
government as may be delegated to the City
Controller by local law or ordinance.
Section 3. Section C-21.B of the Ithaca City Code is hereby
renumbered as Section C-19.D and is hereby amended as follows:
Powers and duties of the City Chamberlain. The City
Chamberlain shall:
(1) Receive and collect all taxes, water and sewer
charges and such other fees and rentals due to the
city as are provided for in the City Charter or
other sections of the Municipal Code or in the
rules and regulations of the Board of Public Works.
(2) Be responsible for the custody, receipt and
disbursement of city moneys in accordance with such
procedures as may be prescribed pursuant to law.
(3) Enforce the collection of delinquent property taxes
and liens from unpaid fees, charges and rentals due
to the city, charge and receive penalties and
interest pursuant to law and conduct tax sales and
account for the proceeds thereof pursuant to law.
(4) Deposit, at least every three (3) business days, to
the credit of the city all moneys received or
collected on the city's account in one (1) or more
depositories selected by the Common Council.
(5) Have custody of all investments and invested funds
of the city or in its possession in a fiduciary
capacity, except as otherwise provided pursuant to
law, and provide for the safekeeping of all bonds
and notes for transfer, registration or exchange.
June 4, 1997
14
(6) Invest capital, tax stabilization and other reserve
funds and surplus funds of the city not required
for current use in federal, state or municipal
obligations, upon the advice and consultation of an
Investment Advisory Council when and if it shall be
established by local law or ordinance.
(7) Organize the work of the Office of the City
Chamberlain. The City Chamberlain may assign and
transfer administrative functions, powers, and
duties within the Office of the City Chamberlain as
the best interest of the city may appear, subject
to the Charter, local law, or ordinance.
(8) Have such other powers and duties as may be
prescribed by the Charter, local law, or ordinance.
Section 4. Section C-21.A of the Ithaca City Code is hereby
deleted.
Section 5. A new Section C-21 of the Ithaca City Code is
hereby created as follows:
Personnel Administrator.
A. There shall be a Personnel Department, the head of
which shall be the Personnel Administrator. The
Personnel Administrator shall be appointed by the
Mayor in the manner provided in § C-26 below.
B. Powers and duties of the Personnel Administrator.
The Personnel Administrator shall:
(1) Organize the work of the Personnel Department.
The Personnel Administrator may assign and
transfer administrative functions, powers, and
duties within the Personnel Department as the
best interest of the city may appear, subject
to the Charter, local law, or ordinance.
(2) Have such other powers and duties as may be
prescribed by the Charter, local law, or
ordinance.
Section 6. Section C-20 of the Ithaca City Code is hereby
amended as follows:
A. There shall be a Department of the City Clerk, the
head of which shall be the City Clerk. The City
Clerk shall be appointed by the Mayor in the manner
provided in § C-26 below.
B. The City Clerk shall:
(1) Perform the functions and discharge the powers
and duties of the City Clerk pursuant to law.
(2) Act as Clerk for the Board of Public Works and
the Common Council and keep a journal of their
proceedings and a record of the minutes of
every meeting. The minutes of each meeting
shall be signed by the officer presiding at
such meeting and by the Clerk.
(3) Keep and maintain the original authenticated
copies of all resolutions, ordinances and
local laws. At the close of each year, the
Clerk, with the advice and assistance of the
City Attorney, shall compile or codify and
bind all local laws, ordinances and
resolutions, or true copies thereof, in books
to be provided for that purpose. The City
June 4, 1997
15
Clerk shall properly index such books,
compilation or codification. The record so
made, or a copy thereof, duly certified by the
City Clerk, shall be presumptive evidence in
all courts and places and in all actions and
proceedings of the due and proper passage and
publication of any such local law, ordinance
or resolution.
(4) Issue licenses and permits authorized to be
issued by the City Clerk under authority of
the Council or by a City Clerk pursuant to
law.
(5) Organize the work of the Department of the
City Clerk. The City Clerk may assign and
transfer administrative functions, powers, and
duties within the Office of the City Clerk as
the best interest of the city may appear,
subject to the Charter, local law, or
ordinance.
(6) Have such other powers and duties as may be
prescribed by the Charter, local law, or
ordinance.
Section 7. Section 90-40.C of the Ithaca City Code is hereby
amended to conform with the new Section C-21:
Support. General responsibility for the enforcement of the
plan lies with the Mayor. The Personnel Department of
Personnel will provide control and guidance necessary to
implement the policies established under the affirmative
action plan, using the following methods:
Section 8. Section 90-41.E of the Ithaca City Code is hereby
amended to conform with the new Section C-21:
The department heads will post the EEO policy and make the
affirmative action plan accessible to employees. Department
heads will also review it with key supervisors at regularly
scheduled meetings; check their recruiting practices; ensure
that they are free of unlawful discrimination; expand and
refine, where appropriate, their recruiting efforts to reach
women, minorities, the handicapped, etc.; and review the
minority employment data prepared and disseminated
periodically by the Personnel Department of Personnel. The
success or failure of this program depends on how well top
management and department heads support, communicate and
provide a positive climate.
Section 9. Section 90-44.B(1) of the Ithaca City Code is
hereby amended to conform with the new Section C-21:
The whole area of statistical monitoring and analysis will be
given continued attention by the Personnel Office Department,
whose responsibilities will be to increase activity in the
affirmative action area.
Section 10. This Local Law shall take effect after it is
filed in the office of the Secretary of State.
Carried Unanimously
June 4, 1997
16
Budget and Administration Committee
16.6 Finance/Chamberlain - Request Amendment to Sidewalk
Assessment
By Alderperson Thorpe : Seconded by Alderperson Blumenthal
WHEREAS, the City Engineer's Office reviewed the sidewalk
assessment, previously approved by Council, for the property owner
at 402 South Albany Street and determined that an error was made,
and
WHEREAS, the review of the assessment revealed that the damage to
the walk was the City's responsibility, and the bill should be
adjusted by $231.25; now, therefore, be it
RESOLVED, That Common Council approves the sidewalk assessment
adjustment in the amount of $231.25 for the property at 402 South
Albany Street, and directs the City Chamberlain to reduce the
warrant by said amount for said adjustment.
Carried Unanimously
16.7 Finance/Chamberlain - Request Approval to Deny Tax Penalty
Expungement
By Alderperson Thorpe : Seconded by Alderperson Blumenthal
WHEREAS, the property owner at 52 Woodcrest Avenue has requested a
waiver of tax penalty to 1997 City/County First Installment tax
bills, and
WHEREAS, the City Chamberlain and the Budget and Administration
Committee have reviewed the supporting documentation for the
taxpayer's request and are recommending to deny the waiver of tax
penalties; now, therefore, be it
RESOLVED, That Common Council denies the request for waiver of tax
penalty based upon New York State Real Property Tax Law, Section
922, for the property owner at 52 Woodcrest Avenue.
Carried Unanimously
16.8 Finance/Chamberlain - Approval of Partial Refund on Tax
Penalty
By Alderperson Thorpe : Seconded By Alderperson Blumenthal
WHEREAS, the property owner at 806 Giles Street has requested a
waiver of $139.38 in tax penalty, relating to 1997 City/County
First Installment tax bills, and
WHEREAS, the City Chamberlain and the Budget and Administration
Committee have reviewed the supporting documentation for the
taxpayer's request and are recommending a partial waiver of tax
penalties; now, therefore, be it
RESOLVED, That Common Council approves a partial waiver of tax
penalty and authorizes the City Chamberlain to waive $69.69 in tax
penalty related to 1997 City/County First Installment tax bills
for the property owner at 806 Giles Street.
Carried Unanimously
16.9 Youth Bureau - Authorize Youth Bureau to Continue Summer
Programs
June 4, 1997
17
By Alderperson Thorpe : Seconded By Alderperson Blumenthal
WHEREAS, the Transition Task Force report on Youth Development has
been released and submitted to the Tompkins County Youth Bureau
Board for their review and recommendation, and
WHEREAS, the 1997 City Budget includes sufficient funding for
appropriations in Youth Development with revenue shortfalls
unknown until Tompkins County funding recommendations are made
this summer, and
WHEREAS, Youth Bureau staff are recommending that full summer
programming continue for Youth Development through the Summer;
now, therefore, be it
RESOLVED, That Common Council authorizes the appropriate
expenditures be made to continue full programming through the
months of July and August, 1997 for the Ithaca Youth Bureau Youth
Development Budget, and be it further
RESOLVED, That after the Tompkins County Board makes their final
Youth Development recommendations, the Fall programming and 1998
funding will be addressed.
Carried Unanimously
EXECUTIVE SESSION:
By Alderperson Efroymson : Seconded by Alderperson Gray.
RESOLVED, that Common Council adjourn into executive session to
discuss possible litigation.
Carried Unanimously
RECONVENE:
Common Council reconvened into regular session with no items being
brought forth.
RECESS:
Common Council recessed at 9:05 P.M.
RECONVENE:
Common Council reconvened into regular session at 9:15 P.M.
REGULAR AGENDA ITEMS
PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of
the City of Ithaca Municipal Code, known as the “Exterior Property
Maintenance Ordinance” - Declaration of No Significant
Environmental Impact
By Alderperson Blumenthal : Seconded by Alderperson Efroymson
WHEREAS, an Ordinance Amending Sections 1-1, 325-23, 325-47 and
331-4 of the City of Ithaca Municipal Code, known as the "Exterior
Property Maintenance Ordinance" has been submitted to Common
Council for consideration, and
WHEREAS, the proposed action is an "unlisted" action under the
State Environmental Quality Review Act and is a Type I action
under the City Environmental Quality Review Ordinance, and
WHEREAS, appropriate environmental review has been conducted, and
WHEREAS, it appears that the proposed action will not have a
significant effect on the environment; now, therefore, be it
June 4, 1997
18
RESOLVED , That Common Council of the City of Ithaca as lead
agency in this matter, hereby does adopt as its own the findings
and conclusions more fully set forth on the Short Environmental
Assessment Form dated May 30, 1997, and be it further
RESOLVED, That Common Council of the City of Ithaca as lead
agency, hereby does determine that the proposed action at issue
will not have a significant effect on the environment, and that
further environmental review is unnecessary under the
circumstances, and be it further
RESOLVED, That this resolution shall constitute notice of this
negative declaration and the City Clerk is hereby directed to file
a copy of the same, together with the attachment, in the City
Clerk's Office and forward the same to any other parties as
required by law.
Alderperson Mackesey was absent from the vote.
Carried
An Ordinance Amending Sections 1-1, 325-23, 325-47 and 331-4 of
the City of Ithaca Municipal Code, known as the “Exterior Property
Maintenance Ordinance”
By Alderperson Blumenthal : Seconded by Alderperson Hanna
ORDINANCE 97- ____
WHEREAS, the current Exterior Property Maintenance Ordinance was
passed on May 1, 1996 with a sunset provision calling for the
expiration of the Ordinance in twelve months, and
WHEREAS, evidence suggests that the Ordinance has been effective
in maintaining a standard of property maintenance that is
instrumental in preserving the integrity and quality of the City's
neighborhoods, and
WHEREAS, data will continue to be collected about the use of this
improved code for evaluation in the future, now therefore
BE IT ORDAINED AND ENACTED by the Common Council of the City of
Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code is hereby amended to
add to Section 325-23.B. a new Subsection 325-23.B.(2), entitled
"Exterior Property Maintenance," which shall read as follows:
"(2) Exterior property maintenance.
(a) Declaration of Purpose. The purpose of this subsection is to
provide a minimum standard for the maintenance of the exterior
grounds and visible facades of all properties within the City.
This ordinance is intended to help provide stable and inviting
neighborhoods and business and commercial districts, and to
promote public health and safety by prohibiting certain
deficiencies in exterior property maintenance which create or
contribute to unhealthy or hazardous conditions. This ordinance is
also intended to ensure that property owners or their delegated
agents perform such repair and maintenance of properties as will
prevent deficiencies that could become an attractive nuisance with
regard to children, trespassers or household pets or that may
attract insect or animal pests.
June 4, 1997
19
The adoption and enforcement of this subsection is intended to
serve as a deterrence to substandard exterior property maintenance
and as a tool for protecting property investment, the tax base,
and the health, safety and welfare of all City residents.
(b) Definitions. For the purposes of this subsection, the
following definitions shall apply:
[1] COMPOSTING MATERIALS shall mean yard trimmings, vegetable
wastes and other organic matter managed for the purpose of natural
transformation into "compost" and stored in a container or compact
pile that (1) contains no sewage, sludge or seepage; (2) contains
no inorganic materials, such as metal, plastic or glass; and (3)
is maintained in a manner to minimize odors and the attraction of
insect and animal pests.
[2] GARBAGE shall mean food wastes, food wrappers, containers,
non-recyclables or other materials resulting from the use,
consumption, and preparation of food or drink, as well as other
expended, used or discarded materials, such as paper, plastic,
metal, rags, or glass, etc., or any other wastes generated from
the day-to-day activities of a household, business, or public or
quasi-public facility. The term garbage does not include properly
prepared and stored recyclable materials or properly maintained
compost areas.
[3] The terms GROUNDS and EXTERIOR PROPERTY shall mean any area of
a building or lot, excluding PORCH AREAS, not enclosed within the
walls of a building. These terms include any public rights-of-way
which pass through or are adjacent to a property, including the
sidewalk and any area between the sidewalk, if there is one, and
the street pavement.
[4] The term PORCH AREA shall include any open and/or partially
enclosed porches or decks, as well as any entranceways or exitways
which are in the PUBLIC VIEW.
[5] The term PUBLIC VIEW shall mean areas of any property that are
visible by pedestrian or vehicular traffic in the public
right-of-way or visible from the exterior ground level of
adjoining properties or properties within 100 feet of the subject
property.
[6] The term SOLID WASTE shall include materials or substances
that are discarded or rejected as being spent, worthless, useless
or in excess to the owners at the time of such discard or
rejection, including but not limited to materials or substances
such as garbage, refuse, industrial and commercial wastes, sludge
from air or water treatment facilities, rubbish, tires, ashes,
incinerator residue, construction and demolition debris, discarded
motor vehicles, discarded household and commercial appliances, and
discarded furniture. An object shall be presumed to be discarded
or rejected solid waste when the object is stored, placed or left
on the grounds or exterior of the property in the view of
neighbors or passersby under circumstances which meet any of the
following criteria:
[a] The object produces an offensive smell;
[b] The object is of a type designed for interior use or made of
materials which are suitable only for interior use and the object
is left outside and exposed to precipitation;
June 4, 1997
20
[c] The object has reached a degree of dilapidation or disrepair
that can reasonably be presumed to render the material unsuitable
for or incapable of being used for its original intended purpose
or some other reasonable purpose;
[d] The object is left, placed or stored in a manner which appears
likely to cause injuries.
(c) Standards for Grounds and Exterior Property.
It shall be the duty and responsibility of all owners of property
in the City of Ithaca to ensure:
[1] that all grounds and exterior property are kept clean and free
of solid waste.
[2] that all garbage, when stored outside, is completely contained
in nonabsorbent, water-tight, durable containers having a
tight-fitting lid in place. Plastic bags are not considered
durable containers. Strong, waterproof plastic bags may be used to
place garbage at the curbside on the evening before scheduled
collections or may be taken to an approved refuse disposal site.
Composting materials, so long as they are maintained as defined by
this section, shall not be considered garbage.
[3] that solid waste, other than garbage stored in proper
containers described above, is not stored in the public view,
except that construction and demolition debris related to an
ongoing construction project with a valid building permit may be
stored in the public view for not more than thirty (30) days.
Reusable household discards may be placed at curbside on special
"Scavenger" days designated by the Department of Public Works, but
unclaimed discards must be removed by the property owner by the
deadline set by the Department. Residents may place reusable
materials on the tree lawn for purposes of informal scavenging,
not to be observable for more than two (2) successive days.
[4] that, within all residential zoning districts no more than one
(1) unlicensed motor vehicle may be stored in the public view in a
side or a rear yard. If there is no side or rear yard, one
unlicensed motor vehicle may be stored in the front yard in
compliance with Section 325-20.
However, this section shall not apply to a motor vehicle which
constitutes "solid waste" as defined in Section 1(2)(b)[6] above.
[5] that grass, weeds or other vegetation on grounds and exterior
property are maintained so that the height of vegetation is
limited to nine (9) inches, except for trees, bushes and other
vegetation planted, maintained or kept for some ornamental or
other useful purpose. Natural woodlands shall be considered an
ornamental or useful purpose.
[6] that the area along public rights-of-way adjacent to or on the
property, including but not limited to the area between the front
property line or sidewalk and the curb or street pavement, is
maintained in a reasonably clean and sanitary condition free of
garbage and/or solid waste, with any grass, weeds and brush in
said area cut or trimmed in compliance with Section
325-23.B.(2)(c)[5] above. The planting of annuals and perennials
in these sidewalk areas shall be allowed, but the planting of
June 4, 1997
21
trees or shrubs in these areas shall not be permitted without the
approval of the Superintendent of Public Works. Premises situated
at street intersections or on curved streets shall be kept in such
a condition as to give a clear and unobstructed view of the
intersection or curve.
[7] that trees, shrubs or other vegetation are pruned such that
they will not obstruct the passage of pedestrians on sidewalks.
The maintenance of city trees, including trees between the
sidewalk and curb, must be left to the Department of Public Works.
[8] that fences and walls are maintained in a safe and
structurally sound condition.
[9] that steps, walks, driveways, parking spaces and other similar
paved areas are maintained so as to afford safe passage under
normal use and weather conditions.
[10] that sidewalks are kept substantially clear of snow, ice and
other obstructions, including but not limited to free flowing
water from drains, ditches, and/or downspouts located on the
property except during flooding. All sidewalks, ramps and curb
cuts shall be cleared of such obstructions within twenty four (24)
hours of when the obstruction initially occurs. For properties
that abut the intersection of two (2) streets, the sidewalks that
must be kept substantially clear of snow, ice and other
obstructions shall include that portion of the sidewalk which runs
to the curbline of any street and shall include any access ramps
therein. (See Section 285-5.) The obstruction of sidewalks and
access ramps is presumed to have commenced concurrently with the
beginning of any snow or ice fall or storm.
(d) Standards for Porch Areas.
It shall be the duty and responsibility of all owners of property
in the City of Ithaca to ensure:
[1] That porch areas are kept free of garbage, unless stored and
completely contained in durable, nonabsorbent, water-tight
containers having a tight-fitting lid in place. Plastic bags are
not considered durable containers.
[2] That construction and demolition debris be located on porch
areas for no longer than thirty (30) days.
(e) Responsibilities of agents delegated by property owners.
The responsibilities outlined in Section 325-23.B.(2)(c) may be
delegated to an agent by the property owner, so long as at the
time of any violation of this ordinance, an agency agreement is on
file in the City Building Department which contains the following
information: the identity of the owner and the agent, the owner's
and agent's addresses and current phone numbers, the property or
properties the agent is accepting responsibility for, the
beginning and ending date of the agreement, the exact sections of
this Code assigned to the agent, and the signatures of both the
property owner and agent, along with each party's date of birth.
The agent must be a resident of or maintain an office for the
transaction of business in Tompkins County. Post office boxes will
not be accepted as addresses for agents.
June 4, 1997
22
Section 2. Current Municipal Code Section 325-23.B.(2) and Section
325-23.B.(3) shall be renumbered respectively as Section
325-23.B.(3) and Section 325-23.B.(4), and the first sentence of
the newly renumbered Section 325-23.B.(3) shall be amended to read
as follows, without changes to the subsequent sentences:
"In any case in which the City intends to correct a violation of
Sections 325-23.B(1) or 325-23.B.(2) and then bill the property
owner for the correction of the violation, the Building
Commissioner or his/her designee shall notify the owner of the
property, and, where relevant, the registered agent who has
assumed responsibility as outlined in Section 325-23.B (2)(e) of
this Code, in writing, of any violation of this section."
Section 3. The following language shall be added to the end of
Municipal Code Section 325-47, entitled "Penalties for offenses":
"C. Violations of Section 325-23.B.(2) shall be punishable in
accordance with Section 1-1 of this Code."
Section 4. Current Municipal Code Section 1-1.B. shall be amended
to read as follows:
"B. Notwithstanding the penalty provisions of the preceding
subsection or other penalties specified in subsequent sections of
this Code, the penalties for violation of the Code sections listed
below shall be: not more than forty dollars ($40) nor less than
twenty dollars ($20) for a first offense at the same property; not
more than sixty dollars ($60) nor less than thirty dollars ($30)
for a second offense at the same property; and not more than one
hundred dollars ($100) nor less than fifty dollars ($50) for a
third offense at the same property, if a conviction for such
offense occurs within the same twelve-month period. Each day on
which the condition exists may be charged and shall be considered
as a separate offense.
CODE SECTION
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36.C. (Accessory structures)
210-38 (Garbage and refuse)
272-4.D. (Mobile signs)
272-4.E. (Banners and pennants)
285-5 (Sidewalks)
325-20.A.(5) (Front yard parking)
325-23.B.(1) (Yard maintenance)
325-23.B.(2) (Exterior property maintenance)
Section 5. Current Municipal Code Section 331-4 shall be amended
to read as follows:
June 4, 1997
23
"Section 331-4 Prohibited actions. No person shall throw, cast,
drop, put or place, or having accidentally dropped, fail to pick
up, any bag, bottle, bottle cap, box, container, garbage, paper,
piece of paper, wrapper or any other trash or litter in or upon
any public or private park or outdoor place, except in receptacles
provided for such purposes."
Section 6. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Extensive discussion followed on the floor regarding landlord vs.
tenant responsibilities via designated agents.
Amending Resolution
By Alderperson Gray : Seconded by Alderperson Mackesey.
RESOLVED, That the first line of Section 325-23 (B)(2)(e) be
amended to read as follows:
“The responsibilities outlined in Sections 325-23 B (2) (c) and
325-23 B (2) (d) may be”
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as amended resulted as follows:
Carried Unanimously
An Ordinance Amending Section 325-3.B. of Chapter 325 entitled
“Specific Terms or Words” - definition of “Home Occupation” --
Call for Public Hearing
By Alderperson Blumenthal Seconded by Alderperson Efroymson
RESOLVED, that Ordinance 97-_____ entitled “An Ordinance Amending
Section 325-3.B. of Chapter 325 entitled “Specific Terms or Words”
- definition of “Home Occupation” is introduced before the Common
Council of the City of Ithaca, New York, and be it further
RESOLVED, the Common Council shall hold a public hearing in the
matter of the adoption of the aforesaid ordinance in the Common
Council Chambers, City Hall, 108 East Green Street, in the City of
Ithaca, on Wednesday, July 2, 1997 at 7:00 p.m., and be it further
RESOLVED, that the City Clerk shall give notice of such public
hearing by the publication of a notice in the official newspaper
specifying the time when and the place where such public hearing
will be held, and in general terms describing the proposed
ordinance. This notice shall be published once at least fifteen
(15) days prior to the public hearing, and be it further
RESOLVED, that the City Clerk shall transmit forthwith to the
Tompkins County Planning Board and to the City of Ithaca Planning
and Development Board true and exact copies of the proposed zoning
ordinance for their reports thereon.
ORDINANCE NO. 97____
NOW BE IT ORDAINED AND ENACTED by the Common Council of the City
of Ithaca, New York, as follows:
Section 1. The City of Ithaca Municipal Code , Section 325-3.B
entitled “Specific Terms or Words” which includes the definition
of “Home Occupation;” is hereby amended as follows:
June 4, 1997
24
HOME OCCUPATION:
(1) A subordinate use of a nonresidential nature which is
conducted within a dwelling unit or a building accessory thereto
by a resident of the dwelling unit, who maintains the dwelling
unit as his or her principal residence, which is clearly
incidental and accessory or secondary to the use of the property
for residential purposes and which meets the following additional
conditions:
(a) The occupation or activity is carried on wholly within
the principal building or within a building or other structure
accessory thereto. The purpose of the occupation or activity may
be the administration or management of a business that has no
impact on the surrounding neighborhood other than that permitted
by the following criteria. (See the definition of "accessory
building.")
(b) Not more than two (2) persons who are not residents of
the household are employed or participate in the occupation at the
residence.
(c) There are no exterior displays or signs, including those
on vehicles parked outdoors, except as permitted under Chapter
272, Signs, of this Code.
(d) No offensive odor, noise, vibration, smoke, dust, heat
or glare is produced. (See § 325-23 of this chapter.)
(e) The "home occupation" does not generate traffic in any
greater volume than would normally be expected in the affected
residential neighborhood, and any need for parking generated by
the occupation is met, off the street and in accordance with the
regulations of § 325-20 of this chapter.
(f) The occupation occupies no more than twenty-five percent
(25%) of the dwelling unit and no more than a total of five
hundred (500) indoor square feet, including accessory structures.
(g) There is no exterior storage of materials, nor in an R1
Zone more than a single marked or signed vehicle used by or
advertising the occupation that is not stored in a building, and
similarly no more than two (2) such vehicles in R2 Zones and in R3
and in all other zones no more than three (3) such vehicles; and
there is no other exterior indication of the "home occupation" or
variation from the residential character of the lot or of the
surrounding neighborhood.
(2) In particular, a "home occupation" includes but is not
limited to the following: an art studio, dressmaking, teaching,
telecommuting, conducting a computer based business and the
professional office of a lawyer, engineer, architect, real estate
broker or insurance agent within a dwelling unit which is his or
her principal residence. "Home occupations" include the use of
space in the home for business recordkeeping, storage of goods
used or sold by the occupation or parking vehicles used in the
occupation even if occupation primarily conducts business off
premises.
(3) The term home occupation shall not be construed to authorize
retail uses in any residential zoning district.
Section 2. Effective Date.
This Ordinance shall take effect immediately in accordance with
law upon publication of a notice as provided in the Ithaca City
Charter.
Carried Unanimously
June 4, 1997
25
Planning Department Reorganization
Alderperson Blumenthal reported that the Planning Department
Reorganization Subcommittee has approved the position for a
Director of Economic Development.
Alderperson Blumenthal further reported that there would a change
of title for the Historic Preservation/Neighborhood Planner
position. The subcommittee decided that more emphasis should be
put on neighborhood planning, therefore, the title will be
Neighborhood/Historic Preservation Planner.
BUDGET AND ADMINISTRATION COMMITTEE:
16.5 Common Council - Transfer of Funds for City Court Sound
System Upgrade
By Alderperson Marcham : Seconded by Alderperson Thorpe
WHEREAS, the original sound system in City Court is inadequate and
in need of an upgrade, and
WHEREAS, the City has received proposals for upgrading the sound
system, and staff is recommending such an upgrade at an estimated
cost of $5,000; now, therefore, be it
RESOLVED, That an amount not to exceed $5,000 be transferred from
Account A1990 Unrestricted Contingency to Account A3120-5225 Other
Equipment for the purposes of upgrading the City Court Sound
System.
Alderperson Hanna spoke in opposition to the resolution, as he
feels that the upgrade is not warranted.
Ayes (9) Blumenthal, Gray, Vaughan, Mackesey, Sams
Marcham, Shenk, Thorpe, Efroymson
Nays (1) Hanna
Carried
A Local Law to change the deadlines for each of the multiple
stages of the annual City budget process.
By Alderperson Thorpe : Seconded by Alderperson Gray
LOCAL LAW No. ____ Of the Year 1997
Be it enacted by the Common Council of the City of Ithaca as
follows:
Section 1. Legislative Intent. The Common Council is moving
up -- by one month -- each of the deadlines for the multiple
stages of the annual City budget process so that the final budget
for each ensuing fiscal year is adopted before the Council’s first
regular meeting each December at which, pursuant to Ithaca City
Code § C-41, the Council must levy the ensuing year’s taxes. This
Local Law amends Local Law 2-1981 insofar as this Local Law amends
§§ C-40 and C-41 of the Ithaca City Code.
Section 2. § C-40 of the Ithaca City Code is hereby amended
as follows:
(A) On or before the first day of August each year, or
at such earlier date as the 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,
June 4, 1997
26
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 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.
Section 3. § C-41 of the Ithaca City Code is hereby amended
as follows:
(A) The Common Council , not later than its first
regular meeting in December and taking into account
the adopted budget for the ensuing fiscal year,
shall:
(1) determine the entire amount necessary to be raised
by taxation, and
(2) levy the aggregate amount taxed, ascertained and
determined, together with any special tax which
shall have been voted to be raised with the annual
tax levy.
(B) The tax so directed to be raised shall be levied and
raised by general tax upon all property, real and
personal, taxable for city purposes, in the city,
according to the valuation upon the assessment roll for
the current year as completed and corrected.
(C) The City Controller, under the direction of the Common
Council, shall extend and apportion the city tax on the
assessment roll so completed and corrected in each year
and shall certify such to be a correct roll of city
taxes.
(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 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 eleven (11)
months after the date of the warrant, unless such time
is extended by resolution of the Common Council.
(E) From the time of the receipt of the tax roll and warrant
by the City Chamberlain, all taxes assessed and levied
upon any real property shall be a lien thereon for the
amount of such tax, with percentage and interest, until
the same shall be fully paid.
June 4, 1997
27
Section 4. § 4-6(A) of the Ithaca City Code is hereby
amended as follows:
Submission to Controller and Capital Program
Committee. On or before the 15th day of April of
each year or such earlier date as the 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 (1) or more of the ensuing six (6)
fiscal years. Each capital project request shall
show:
Section 5. § 4-6(B) of the Ithaca City Code is hereby
amended as follows:
Procedure.
(1) Upon receipt of the unit requests, the Controller
shall, without delay, forward the aggregate of
requests to the Capital Program Committee for its
review and recommendations.
(2) The Capital Program Committee shall examine each
such request and, if any are not sufficiently
complete for the policymaking units further along
in the budget cycle to make their determinations,
the Committee shall obtain the additional data
needed to justify policy review.
(3) The Capital Program Committee shall, not later than
May 15, hand up to the Capital Improvements Review
Committee as one (1) package its recommendations
for a tentative capital budget, consisting of:
(a) its recommendations for further work on
projects already started or to be started
before the end of the current year;
(b) its recommendations for new starts during the
next fiscal year;
(c) its recommendations for rejecting or
postponing major requests, and why; and
(d) a list of projects already authorized on which
a start during the current year has not been
promised.
(4) The Capital Improvements Review Committee shall
then proceed with its review of the recommendations
of the Capital Program Committee and shall, not
later than July 1, hand up the Capital Program
Committee's recommendations intact as received,
together with its own recommendations, to the
Budget and Administration Committee of the Common
Council.
June 4, 1997
28
(5) This procedure shall be conducted according to the
Uniform System of Accounts prescribed by the New
York State Department of Audit and Control.
Section 6. § 4-6(C) of the Ithaca City Code is hereby
amended as follows:
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 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.
Section 7. § 4-8(A) of the Ithaca City Code is hereby
amended as follows:
Procedure.
(1) On or before the first day of August each year, or
at such earlier date as the 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 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
June 4, 1997
29
proposed work program shall justify the funds
requested.
Section 8. § 4-9(C)(1)(c) of the Ithaca City Code is hereby
amended as follows:
An estimate of the anticipated receipts from
delinquent taxes, which shall not exceed the amount
received in cash from delinquent taxes during the
last six (6) months of the most recently completed
fiscal year and the first six (6) months of the
current fiscal year, provided that delinquent taxes
shall include:
[1] the proceeds of the collection of all taxes levied
or relevied by the Common Council for any year
preceding the current fiscal year, together with
interest and penalties thereon;
[2] the sale of property sold for such taxes; and
[3] the redemption of property sold for such taxes and
bid in by the city,
but shall not include the proceeds of any such
collection, sale or redemption occurring during the
fiscal year for which such taxes were originally levied.
Section 9. § 4-10(B) of the Ithaca City Code is hereby
amended as follows:
Submission to Common Council.
(1) On or before the first day of October of each year,
the 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.
(2) The proposed operating budget, the proposed capital
budget, the budget message, and the appropriation
and tax levying legislation shall be combined as
one (1) 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 (2), above, to the
Common Council no later than three days after
receipt of the proposed city budget from the Mayor.
Section 10. § 4-10(E) of the Ithaca City Code is hereby
amended as follows:
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 Mayor and shall, not later than
June 4, 1997
30
the 26th 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.
Section 11. § 4-11 of the Ithaca City Code is hereby amended
as follows:
Not later than the second (2nd) 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 (5) days after such
publication nor later than the seventh (7th) 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
Mayor and the report submitted by the Common Council, or a
committee designated by the Council.
Section 12. The text presently in § 4-12(A) is hereby
renumbered as paragraph (1).
Section 13. § 4-12(A) is hereby amended by adding the
following:
(2) After the Council has made alterations, if any, to
the proposed budget, the Council shall vote upon
the question of whether to pass the proposed
budget, as amended.
(3) If the Common Council fails to pass any budget on
or before the 7th day of November, the proposed
budget shall be deemed adopted as the city budget
for the ensuing fiscal year.
(4) “Alteration” as used in § 4-12 means any addition,
increase, decrease, or deletion. “Deletion”
includes “striking” an item.
(5) A “business day” as used in § 4-12 begins at 8:30
a.m. and ends at 4:00 p.m. and includes any day on
which City Hall is open to the public for business
and does not include holidays recognized by the
City, Saturdays, or Sundays.
Section 14. § 4-12(B) of the Ithaca City Code is hereby
amended as follows:
Return to 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 Mayor not later
than two (2) business days after its passage
his/her consideration of such alterations.
(2) If the Mayor approves all the alterations, he/she
shall affix his/her signature to a statement
June 4, 1997
31
thereof and return the budget and such statement to
the City Clerk not later than three (3) business
days after presentation by the Clerk. The budget,
including the alterations as part thereof, shall
then be deemed adopted.
Section 15. § 4-12(C) of the Ithaca City Code is hereby
amended as follows:
Mayor's veto.
(1) The Mayor may object to any one (1) or more of such
alterations, and, in such case, shall append to the
budget a statement of the alterations to which
he/she objects, with the reasons for his/her
objection, and shall return the budget with his/her
objections to the City Clerk not later than three
(3) business days after presentation by the Clerk.
(2) The Clerk shall distribute the same to the Common
Council no later than two (2) business days after
receipt of the same from the Mayor.
(3) At a meeting to be held not later than the 20th day
of November, the Common Council 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 two-thirds (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
alterations not so objected to by the Mayor, shall
be deemed adopted.
Section 16. § 4-12(D) of the Ithaca City Code is hereby
amended as follows:
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 (3)
business days after its presentation to the Mayor
by the City Clerk pursuant to section 4-12 (B) (1)
above, it shall be deemed adopted.
Section 17. § 4-12(E) of the Ithaca City Code is hereby
amended as follows:
Common Council's failure to act. If a budget has
not been adopted as herein provided on or before
the 20th day of November, the proposed executive
budget as submitted by the 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.
Section 18. A new § 4-12(G) of the Ithaca City Code titled
“Budget Process Checklist” is hereby created which shall include
the following table and such table shall be printed on its own
page of the code:
June 4, 1997
32
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 Mayor, and each
Alderperson on or before the 31st day of March.
June 4, 1997
33
Steps in the Budget Process Specified Due Date
(latest = no later
than)
Latest Possible
Calendar Date
Due In Any
Year
Budget Checklist Distributed (§ 4-12) latest: March 31 March 31
Capital Projects (§ 4-6)
Department, etc. Proposals latest: April 15** April 15
Capital Program Committee
Recommendations to Capital Improvements Review
Committee (CIRC)
latest: May 15 May 15
CIRC Recommendations to the Common
Council Budget and Administration (B&A)
Committee
latest: July 1 July 1
B&A Recommendations and Findings to the
Council
First meeting of
Council in August
August 7
Common Council Guidelines to Mayor latest: September 15 September 15
Department, etc. Estimated Budgets (§ C-40) latest: August 1* August 1
Mayor's Executive Budget (Mayor to Controller) (§ 4-
10)
latest: October 1 October 1
Mayor's Executive Budget (Controller to Council) (§
4-10)
3 days after receipt
from Mayor
October 4
Council's Report (Council to Controller) (§ 4-10) latest: October 26 October 26
Notice of Public Hearing Before Council (§ 4-11) latest: November 2 November 2
Public Hearing Before Council (§ 4-11) Not less than 5 days
after the notice;
regular November
meeting
November 7
Council's Revision and Adoption (Council to Clerk) (§
4-12)
hearing date November 7
Council's Revision and Adoption (Clerk to Mayor) (§
4-12)
2 business days after
passage by Council
November 9
Mayor's Response (Mayor to Clerk) (§ 4-12) 3 business days after
receipt from Clerk
November 15
Mayor's Response (Clerk to Council) (§ 4-12) 2 bus. days after
receipt from Mayor
November 19
Council's Response to Mayor's Response (§ 4-12) latest: November 20 November 20
Council Adopts tax levy (§ C-41) latest: first regular
meeting in Dec.
December 7
* Not earlier than the first day of July.
** The Mayor may set an earlier deadline.
Shaded items indicate the default adoption of a budget without action.
Section 19. This Local Law shall take effect after it is
filed in the office of the Secretary of State.
June 4, 1997
34
Discussion followed on the floor. Alderperson Marcham spoke in
opposition to the way this local law defines the budget deadlines.
She feels there is a better way of specifying what the deadlines
are for the final stages of the budget process.
Ayes (9) Blumenthal, Gray, Vaughan, Mackesey,
Hanna, Efroymson, Sams, Gray, Thorpe
Nays (1) Marcham
Carried
19.2 Building Department - Request Transfer of Funds for Building
Department Database Contract
By Alderperson Marcham: Seconded by Alderperson Hanna
WHEREAS, the Building Department has completed Phase I of the
Department's Database Development Project, and are now ready for
Phase II of the project, which will develop and implement the
software, and
WHEREAS, the database project is in need of contract coordination,
and the Building Department resources for such a position are
stretched to the limit, and
WHEREAS, it has been estimated that the remaining contract
coordination needed for said project will cost $6,000, which will
allow the department to provide coordination through Phase II of
the project, and
WHEREAS, funds are available in the department's personnel lines,
due to open funded positions; now, therefore, be it
RESOLVED, That $6,000 be transferred from Account A3620-5110 Staff
Salaries to Account A3620-5435 Contracts for the purposes of
providing necessary contract coordination funds for the Building
Department's Database Development Project Phase II.
Building Commissioner Eckstrom explained that the additional funds
requested will be used toward staff salaries.
A vote on the resolution resulted as follows:
Carried Unanimously
19.3 Building Department - Authorize Building Department to
Prepare RFP for Database Project Phase II
By Alderperson Marcham Seconded by Alderperson Hanna
WHEREAS, the Building Department has completed Phase I of the
Building Department Database Development Project, and is prepared
to move forward with Phase II of the project, which involves the
development and implementation of the project software, and
WHEREAS, the Building Commissioner has reviewed the Phase II
portion of the project with the Budget and Administration
Committee, and a recommendation to proceed with a Request for
Proposals for this portion of the project was made; now,
therefore, be it
RESOLVED, That Common Council approves the Building Department's
preparation of Request for Proposals, based upon the Software
Development RFP dated November 11, 1996 and the Data Needs
Analysis dated May 15, 1997, for the Database Development Project
Phase II.
June 4, 1997
35
Alderperson Shenk stated that she opposed this item at the
Committee level, as she was concerned about the amount of time
that has already been dedicated to this project, and also employee
morale. She further stated that she would support the resolution
tonight, as she would like to see the project move ahead.
Alderperson Hanna stated that concerns have been raised about
cost, time, security, and whether the technology in internet web
development was strong enough to meet the needs of the department.
These concerns have been expressed to experts on this topic across
the country. Informational material has been distributed to
clarify these issues. Software developers are confident that this
technology will meet the needs of the department as well as
provide public access to important information.
Alderperson Efroymson stated he is also concerned with staff
morale, but feels there are compelling reasons to prepare a second
RFP.
A vote on the resolution resulted as follows:
Carried Unanimously
19.4 DPW - Request Approval for Reinstatement of Position
By Alderperson Marcham Seconded by Alderperson Gray
WHEREAS, the Final 1997 Budget eliminated a Working Supervisor
position in the DPW Parks and Forestry Division, and
WHEREAS, Common Council approved an extension of time, until June
30, 1997, to formally eliminate the Working Supervisor position,
and
WHEREAS, the DPW staff and Personnel Department have reviewed and
evaluated various DPW job positions, as they relate to the
elimination of this position, and are recommending the Working
Supervisor position be reinstated; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the 1997 DPW
Personnel Roster be amended with the following position
reinstatement:
Add: One (1) Working Supervisor Parks & Forestry
and be it further
RESOLVED, That the funds for said position reinstatement be
derived within the current 1997 DPW Budget.
Carried Unanimously
19.5 Fire Department - Request to Amend Capital Project for
Training Center Improvements
By Alderperson Marcham : Seconded by Alderperson Mackesey
WHEREAS, as part of the 1997 Final Budget, Capital Project #337
Fire Dept. Training Center Improvements was approved in the amount
of $26,000, which currently has a balance of $17,800, and
WHEREAS, it has been determined that construction costs for the
training center improvements, which include a classroom facility,
were underestimated and are now estimated at $62,983, and
June 4, 1997
36
WHEREAS, Common Council approves a modified scope of work to
advance the projects time table including a tower,
WHEREAS, the Fire Department is in the process of obtaining
funding commitments and user fee revenue to help offset a portion
of the training center costs; now, therefore, be it
RESOLVED, That Capital Project #337 Fire Dept. Training Center
Improvements be amended by an amount not to exceed $45,183, for a
total project authorization of $71,183, for the purposes of said
training center improvements, and be it further
RESOLVED, That funds for said amendment shall be derived from the
issuance of Serial Bonds.
Fire Chief Wilbur explained the pending funding commitments and
the slight increase in the scope of the project.
Amending Resolution
By Alderperson Marcham : Seconded by Alderperson Gray
RESOLVED, that a new Whereas clause be added as the third Whereas
and will read as follows:
“WHEREAS, Common Council approves a modified scope of work to
advance the projects time table including a tower, and
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.6 Common Council - Approval of 1998 Guidelines for Community
Service Funding
By Alderperson Marcham : Seconded by Alderperson Gray
WHEREAS, the City of Ithaca has in the past appropriated funds to
agencies for cultural enrichment, economic promotion, and other
purposes aside from human services, and
WHEREAS, the Common Council intends that all such requests be
subject to a standardized review process; now, therefore, be it
RESOLVED, That the Budget & Administration Committee of Common
Council be authorized to review all 1998 requests for non-mandated
city funding from private, non-profit agencies that are not
subject to Human Services Coalition review, and be it further
RESOLVED, That the following requirements and criteria shall be
applied to all such requests:
Requirements
1. All applications for 1998 funding must be submitted in writing
to the City Controller by July 15, 1997.
2. Each application must include a statement that explains how
the activity proposed for City funding will benefit the social,
cultural, economic, and/or environmental well being of city
residents, in terms as specific as possible. Information
presented should include the groups or individuals to be served,
the number of people to benefit from the activity, and the
duration of the benefit (long term or short term).
June 4, 1997
37
3. a. Each application must include budgets for 1997 and 1998,
financial reports from 1995 and 1996, and an enumeration
of other funding sources.
b. The applications should also include a count of
individuals served, by municipality, for prior years,
and a report on any positive impacts and benefits.
c. The application must include a description of methods
for measuring positive outcomes from 1998 funding.
Criteria and Evaluation Scoring
The Committee shall assign points for the degree to which the
proposed use of City funds meets each of the following criteria.
If the applicant does not supply sufficient information for the
Committee to make a judgment, the proposal shall receive zero
points in each such case.
These criteria and evaluation scores will be used by the Budget &
Administration Committee as guidelines in evaluating requests for
funding:
1. The proposed activity will benefit the social, cultural,
economic and/or environmental well being of residents of the City
of Ithaca.
2. a. The proposal will service city residents in proportion
to City funding requested.
b. The sponsor of the proposed activity:
1. has received funding, or
2. is reasonably assured of receiving funding, or
3. has made a good faith effort to receive funding
from the County, appropriate towns, school
districts, or other funding sources in proportion
to non-city residents served.
3. The proposed activity will serve an identified need in the
city and does not duplicate another service.
4. The proposed activity is designed to effectively meet the
needs of those to be benefited; and the proposal includes
measurable objectives and outcomes.
5. The applicant demonstrates sound management practices.
6. The proposed activity will especially benefit a population in
financial need (i.e., below federal poverty guidelines) or the
disabled.
7. The proposed activity will produce a long-term benefit.
EVALUATION AND SCORING OF COMMUNITY SERVICES FUNDING REQUESTS
Criteria Points
1. Benefit well-being of residents 0 - 10
June 4, 1997
38
2a. Serve City residents 0 - 5
b. Sponsor has:
1. Received funding or 3
2. Assured of receiving funding or 2
Criteria Points
3. Made good faith effort to receive 1
3. Serves an identified need (not duplicated) 0 - 5
4. Designed to meet needs; includes objectives
and outcomes 0 - 5
5. Sound management practices 0 - 5
6. Benefit financially needy and handicapped 0 - 5
7. Long term benefit 0 - 5
and be it further
RESOLVED, That by September 1, 1997, the Budget & Administration
Committee shall forward its recommendations to the Mayor for
consideration in the 1998 budget.
Discussion followed on the floor regarding the benefit of the
Evaluation and Scoring Process.
Amending Resolution:
By Alderperson Thorpe : Seconded by Alderperson Efroymson.
RESOLVED, that the Evaluation and Scoring of Community Services
Funding Requests Points System be removed from the process.
Ayes (6) - Thorpe, Gray, Shenk, Mackesey, Efroymson,
Sams
Nays (4) - Blumenthal, Vaughan, Marcham, Hanna
Carried
Amending Resolution:
By Alderperson Thorpe : Seconded by Alderperson Mackesey.
RESOLVED, that the following paragraphs be added to the
requirement section:
3(d) The application shall not be for an amount that exceeds the
current years appropriation, except as provided in paragraph (e)
below.
3 (e) Applications for funding above the current years
appropriation, shall be submitted as a special request.
Alderpersons Hanna, Efroymson, and Shenk spoke in opposition to
the proposed language.
Alderpersons Thorpe and Mackesey withdrew the amendment.
This language will be inserted in the letters that are mailed to
interested agencies.
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
June 4, 1997
39
Finance/Controller - A Local Law Electing a Retirement Incentive
Program
By Alderperson Marcham : Seconded by Alderperson Hanna
Local Law No. of the Year 1997
City of Ithaca
BE IT ENACTED by the Common Council of the City of Ithaca as
follows:
Section 1. The City of Ithaca hereby elects to provide all
its eligible employees with a retirement incentive program
authorized by Chapter 41, Laws of 1997.
Section 2. The commencement date of the retirement incentive
program shall be September 15, 1997.
Section 3. The open period during which eligible employees
may retire and receive the additional retirement benefit shall be
90 days in length.
Section 4. The actuarial present value of the additional
retirement benefits payable pursuant to the provisions of this
local law shall be paid as one lump sum or in five annual
installments. The amount of the annual payment shall be
determined by the Actuary of the New York State and Local
Employees' Retirement System, and it shall be paid by the City of
Ithaca for each employee who receives the retirement benefits
payable under this local law.
Section 5. This act shall take effect upon filing with the
Secretary of State.
Carried Unanimously
19.8 BUILDING DEPARTMENT REQUEST AMENDMENT OF PERSONNEL ROSTER
By Alderperson Marcham Seconded by Alderperson Gray
WHEREAS, the Building Department has re-evaluated the position of
Community Service Officer - Code Enforcement and determined that
additional duties and responsibilities should be assigned to the
existing funded position such that a new position must be created,
and
WHEREAS, the Common Council considers the enforcement of the
zoning ordinance a key element in the maintenance of neighborhoods
as desirable places to live, and
WHEREAS, the additional duties and responsibilities represent a
different classification and a different level of compensation as
determined by the Personnel Administrator; now, therefore, be it
RESOLVED, that the 1997 Building Department Authorized Personnel
Roster be amended, effective June 5, 1997, as follows:
Add: One (1) Code Enforcement Officer, 40 Hours
Delete: One (1) Community Service Officer - Code Enforcement,
35 hours, and be it further
RESOLVED, that the position of Code Enforcement Officer be
assigned to the CSEA Administrative Unit at Grade 10, and be it
further
June 4, 1997
40
RESOLVED, that the funds needed for said hiring be derived from
the existing Building Department 1997 Budget.
Building Commissioner Eckstrom stated that Personnel Administrator
Saul recommended wording changes in the third Whereas clause.
Amending Resolution
By Alderperson Shenk : Seconded by Alderperson Efroymson.
RESOLVED, that the third Whereas clause be amended as follows:
“WHEREAS, the additional duties and responsibilities justify a
different classification and a different level of compensation as
determined by the Personnel Administrator; now, therefore, be it”
Carried Unanimously
Main Motion As Amended
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
19.9 DPW--Request to Temporarily Adjust Hours
By Alderperson Marcham : Seconded by Alderperson Mackesey
WHEREAS, Lynne G. Yost has requested that her hours of work be
temporarily reduced to 32.5 hours, for educational purposes,
through July 1, 1997; now, therefore, be it
RESOLVED, that Lynne G. Yost be allowed to work 32.5 hours per
week through July 1, 1997 and that the DPW roster be adjusted to
reflect this temporary change.
Carried Unanimously
19.9.1 Property at 315 Haller Boulevard
By Alderperson Marcham : Seconded by Efroymson
WHEREAS, the County of Tompkins foreclosed on property located at
315 Haller Boulevard, in the City of Ithaca, and the City filed an
answer in the foreclosure proceeding, but the interest of the City
was not determined in the foreclosure proceeding; now, therefore,
be it
RESOLVED, That the City Chamberlain is hereby authorized to
release the City tax liens and issue a clear City tax search for
315 Haller Boulevard upon receipt from the County of Tompkins of
the sum of $487.37, to be applied to the outstanding tax
obligation.
Carried Unanimously
NEW BUSINESS
20.1 Department Head Feedback Resolution
By Alderperson Efroymson: Seconded by Alderperson Hanna
WHEREAS, the City of Ithaca is looking for ways to maximize the
efforts of all City employees, and
WHEREAS, Common Council has determined that a Department Head
Feedback Instrument is one method for achieving that goal, and
WHEREAS, this instrument has been developed with input from the
Department Heads, and
WHEREAS, the first year use of this instrument will be a trial and
not be used in any way as a method to evaluate, reprimand, or
reward any Department Head; now, therefore, be it
June 4, 1997
41
RESOLVED, that the Department Head Feedback Instrument be adopted,
and be it further
RESOLVED, that the first four steps of the instrument be moved
back four months, and be it further
RESOLVED, that Common Council, the Mayor, and Department Heads
evaluate the effectiveness of this instrument and make any
recommendations for changes no later than the March 1998 regular
meeting of Common Council.
Carried Unanimously
Department Head Feedback Instrument
Timeline
1. Department Head identifies three additional goals to the ones
provided and also identifies from one to three objectives for each
goal. The Department Head provides copies for the Mayor and
Common Council at least two weeks before scheduled meeting with
Mayor. (End of February).
2. Department Head and Mayor review/revise goals and objectives.
These objectives shall be as measurable as possible. (First two
weeks of March)
3. Department Head and Mayor obtain Common Council approval of
goals and objectives at special meeting(s). (End of March)
4. Mid-year conference between Department Head and Mayor. (Last
two weeks of August)
5. Department Head prepares own performance evaluation using the
attached forms (Prior to step 6)
6. Mayor and Department Head meet to discuss Department Head’s
self-evaluation. (First week of January)
7. Mayor prepares draft evaluation and distributes to Common
Council for input. In preparing this evaluation, the Mayor will
seek information and/or advice from the citizen boards that work
with various Department Heads and from other appropriate sources.
Mayor also distributes Department Head’s self-evaluation forms.
(Mid-January)
8. Mayor prepares final written evaluation (February 1)
9. Department Head has an opportunity to respond in writing,
within two weeks, and to have that response attached to the
evaluation instrument. (No later than February 15)
Every Department Head will provide 2-3 objectives for each of
Common Council’s five goals and 2-3 objectives for three goals of
the Department Head’s choice. (This will have to be modified for
the first year since there will only be nine months for the
complete process).
Evaluation Instrument
Propose one to three objective for each goal.
Goal 1: Improve delivery of services to the public
a. Objective:_______________________________________
June 4, 1997
42
fully z significantly met_____ not met_____
Explanation if not fully met:
b. Objective:________________________________________________
fully met_____ significantly met_____ not met____
Explanation if significantly or not met:
c. Objective:________________________________________________
fully met_____ significantly met _____ not met____
Explanation if not fully met:
Comments on goal 1:
Goal 2: Improve teamwork and morale within the department
a. Objective:________________________________________________
fully met____ significantly met_____ not met____
Explanation if not fully met:
b. Objective: ______________________________________________
fully met_____ significantly met_____ not met____
Explanation if not fully met
Objective: __________________________________________________
fully met_____ significantly met_____ not met____
Explanation if not fully met:
Comments on goal 2:
Goal 3: Develop fiscal efficiencies for department
a. Objective:________________________________________________
fully met_____ significantly met_____ not met____
Explanation if not fully met:
b. Objective: ______________________________________________
fully met_____ significantly met_____ not met____
Explanation if not fully met:
c. Objective: ______________________________________________
fully met_____ significantly met_____ not met____
Explanation if not fully met:
Comments on goal 3:
Goal 4: Create procedures and environment to promote diversity of
department staff
a. Objective: ________________________________________________
fully met_____ significantly met_____ not met______
Explanation if not fully met:
b. Objective: _________________________________________________
fully met_____ significantly met_____ not met______
Explanation if not fully met:
c. Objective: ________________________________________________
fully met_____ significantly met_____ not met______
Explanation if not fully met:
Comments on goal 4:
Goal 5: Show evidence of department innovation
a. Objective: _______________________________________________
fully met_____ significantly met_____ not met_____
Explanation if not fully met:
June 4, 1997
43
b. Objective: _______________________________________________
fully met_____ significantly met_____ not met_____
Explanation if not fully met:
c. Objective: _______________________________________________
fully met_____ significantly met_____ not met_____
Explanation if not fully met:
Comments on Goal 5:
Goals 6, 7 & 8 are the choice of Department Head
a. Objective: _______________________________________________
fully met_____ significantly met____ not met_____
Explanation if not fully met:
b. Objective: _______________________________________________
fully met_____ significantly met_____ not met_____
Explanation if not fully met:
c. Objective: _______________________________________________
fully met_____ significantly met_____ not met_____
Explanation if not fully met:
Comments on Goals, 6, 7 & 8 ___________________________________
What has worked well and why?
What has not worked well and why?
NEW BUSINESS:
Mayor Cohen reported that Pursuant to the City Charter, if any
member of a particular committee has a conflict of interest in a
matter, a temporary appointment can be made. The Building Code
Board of Appeals has three members and two of those members have a
conflict of interest in an upcoming case. Cynthia Yahn and
Marilyn Kaplan have been temporarily appointed to hear this
particular case.
Alderperson Efroymson asked Mayor Cohen to provide an updated list
of committee vacancies.
Approval of Appointment
By Alderperson Mackesey : Seconded by Alderperson Gray
RESOLVED, That Robert Romanowski be appointed to the board of Fire
Commissioners with a term to expire June 30, 2000.
Carried Unanimously
Alderperson Hanna requested that the County Youth Board vacancies
be filled as soon as possible.
ADJOURNMENT:
On a motion the meeting adjourned at 10:50 P.M.
Julie Conley Holcomb, CMC Alan J. Cohen
City Clerk Mayor