HomeMy WebLinkAbout07-16-14 City Administration Committee Meeting AgendaCA Meeting
City Administration Committee
DATE: July 16, 2014
TIME: 6:00 pm
LOCATION: 3rd Floor,
City Hall, Council Chambers
AGENDA ITEMS
Item Voting
Item?
Presenter(s) Time
Allotted
Chair, Deb Mohlenhoff
1.Call To Order *Note: We will review the number of15 Min*
1.1 Agenda Review No cards received at the beginning of each
1.2 Review and Approval of Minutes Yes meeting and adjust time if needed.
1.3 Statements from the Public No
1.4 Statements from Employees No
1.5 Council Response No
(6:15 p.m.)
2.Standing Sub-Committee and Staff Reports
2.1 Presentation – DIA Panhandling No Gary Ferguson, John Guttridge 20 Min
(6:35 p.m.)
3.City Administration, Human Resources, and Policy
3.1 Common Council Rules of Procedure –No All 20 Min
Discussion
3.2 Council - Consent to Transfer of Control Yes Ari Lavine, City Attorney 10 Min
–TWC - Comcast
3.3 Council – Creation of Stormwater Utility and Yes Ari Lavine, City Attorney 20 Min
User Fee (7:25 p.m.)
4.Finance, Budget, and Appropriations
4.1 IPD – Request to Amend 2014 Budget Yes John Barber, Police Chief 5 Min
4.2 DPW – IAWWTF – Request Funding for Yes Steve Thayer, Controller 5 Min
Engineering Services
4.3 DPW – Request to Amend 2014 Budget for Yes Steve Thayer, Controller 5 Min
NYSEG Court Street Work
(7:40 p.m.)
5.Performance Measures No Kevin Sutherland, Chief of Staff 10 Min
(7:50 p.m.)
6.GPA Transition No Deb Mohlenhoff
6.1 NONE
(7:50 p.m.)
7.2015 Budget Process
7.1 Budget Forums No All 5 Min
REMINDER – COW 7/23 (7:55 p.m.)
If you have a disability that will require special arrangements to be made in order for you to fully participate in the
meeting, please contact the City Controller’s Office at 607-274-6576 at least 48 hours before the meeting.
CA AGENDA
7/23/14
(Continued)
8.Meeting Wrap-up All 5 Min
8.1 Announcements No
8.2 Review Agenda Items for next meeting No
8.3 Adjourn Yes
(8:00 p.m.)
Committee Charge: The CA committee will:
Review financial and administrative issues pertaining to the City, along with items relating to the City of Ithaca workforce
environment, intergovernmental relations and human resource
If you have a disability that will require special arrangements to be made in order for you to fully participate in the
meeting, please contact the City Controller’s Office at 607-274-6576 at least 48 hours before the meeting.
3. City Administration, Human Resources, and Policy
.1 Addition to Common Council Rules of Procedure
Common Council Rules of Procedure – Revised November 7, 2012
I. Meetings
i. Organization Meeting
The Common Council shall meet on the first day of January after the election at
the regular place of meeting of the Common Council for the previous year, and
thereafter it shall meet at such place as it may choose, within or without the
territorial limits of the city but in reasonable proximity thereto, and at times
hereinafter provided.
ii. Regular Meetings
The Common Council shall hold regular meetings at least once each month, on
the first Wednesday of the month in Common Council Chambers, Third Floor,
City Hall, 108 E. Green Street, unless otherwise specified by Council.
iii. Special Meetings
The Mayor or any six Council members may call a special meeting of the
Common Council by 24 hours' notice, in writing, served personally or by mail
upon the other members of the Common Council or by leaving said notice at
either their respective usual places of business during business hours or their
respective places of abode at other times. In the absence of the Mayor, any
three Council members, may call special meetings by 24 hours' notice in the
same fashion.
iv. Voting
1) In the proceedings of the Common Council, each member present shall
have a vote except the Mayor, who shall only have a vote when the
votes of the other members are tied, and except as hereinafter
provided.
2) A majority of the members of the Common Council shall be a quorum
for the transaction of business. If a member abstains from voting, it shall
be considered as if that member did not vote. However, a member may
only abstain from voting if that member determines that she or he has a
conflict of interest regarding the motion being voted upon.
3) A majority vote is required to pass any motion or resolution, except as is
hereinafter provided. A vote of six (6) or more Council members shall
constitute a majority vote.
4) No tax or assessment shall be ordered except by a concurring vote of a
majority of all members of the Common Council in office, including the
Mayor, who shall be entitled to vote thereon as a member of the
Council, and no tax levied, assessment bill ordered, resolution or
ordinance shall take effect until the same shall receive the approval of
the Mayor.
5) The Common Council may override any mayoral veto by a 2/3 vote of
the alderpersons.
Common Council Rules of Procedure
Revised November 7, 2012
v. Collection and Distribution of Materials
1) The City Clerk shall prepare and distribute an agenda to the members
of Common Council for each meeting of Common Council at least four
days before each meeting
2) Staff designated by the appropriate body shall distribute to the members
of Common Council an agenda of the Board of Public Works, Planning
and Development Board, Ithaca Landmarks Preservation Commission
and Board of Zoning Appeals at least four days before each meeting of
said boards.
3) Agendas for each meeting of each Standing Committee of Common
Council will be distributed to the members of Common Council by the
department responsible for preparing agendas and minutes for said
Standing Committee. Agendas shall include all supporting documents,
unless a member of Council indicates that they do not wish to receive
the documents for a particular committee.
4) Each Chair of a Common Council committee shall present agenda
items pertaining to that committee in the appropriate final format to the
City Clerk no later than 4:00 p.m. on the Thursday preceding any
meeting of the Common Council and give some indication of whether
the item is for report or action. Any member of Common Council or the
Mayor may present agenda items in the same fashion and by the same
deadline to be considered at the following regular meeting of Common
Council.
5) The City Clerk shall transfer in memo or email form all referrals or action
resolutions from Common Council to the Chair(s) of the involved
Council committee(s), lay boards, agencies, and departments.
6) All matters to be brought before Common Council should include
sufficient supporting information for Council members to fully
understand the resolution to be voted upon.
vi. Attendance
Emergencies notwithstanding, Council members shall inform the Council or
committee chair at least three days ahead of time if they are not able to attend a
Common Council or Standing Committee meeting.
vii. Length of Meetings
Any meeting of either a Standing Committee or Common Council shall end after
four hours unless an extension is authorized by a majority vote of said body.
II. Order of Business
1. Pledge of Allegiance
2. Additions To and Deletions From the Agenda
3. Proclamations/Awards
4. Special Orders of Business
5. Special Presentations Before Council
6. Petitions and Hearings of Persons Before Council
7. Privilege of the Floor – Common Council and the Mayor
8. Consent Agenda
9. Reports and Resolutions from Standing Committees
10. Reports of Special Committees
11. New Business
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Common Council Rules of Procedure
Revised November 7, 2012
12. Individual Member-Filed Items
13. Mayor’s Appointments
14. Reports of Common Council Liaisons
15. Report of City Clerk
16. Report of City Controller
17. Report of City Attorney
18. Minutes from Previous Meetings
19. Adjournment
(1) Pledge of Allegiance
The Mayor shall lead all present in the Pledge of Allegiance to the Flag.
(2) Additions To and Deletions from the Agenda
No legislation may be moved for a vote at a regular meeting of the
Common Council without unanimous vote of the members unless it first
appeared on the agenda. A matter may be reported to the Council at
any time, whether or not it appears on the agenda for that meeting, an
item may be withdrawn from the Common Council agenda with the
consent of the Mayor and either the sponsoring committee Chair or
individual member who brought the item.
(3) Proclamations/Awards
The Mayor shall announce any proclamations or awards.
(4) Special Orders of Business
Common Council will consider any agenda items or convene any public
hearings deemed of special significance.
(5) Special Presentations Before Council
It is desirable for the Common Council to hear from boards,
commissions, neighborhood associations, representatives from other
municipalities or some other group or individual in order to get essential
information for the effective maintenance of the City. In this case, the
three (3) minute time limit shall not apply.
(6) Petitions and Hearings of Persons Before Council
Persons not members of Common Council shall be accorded the
privilege of the floor and be permitted to speak for three minutes in
regards to matters within the scope of the powers of Common Council.
All persons speaking before Council will observe the Rules of Order
posted in Common Council Chambers (See Section III (v).
a. Petitions and Hearings of Spokespersons Before Counci l
Any provision herein to the contrary notwithstanding, a group of
three or four persons wishing to be heard in regards to matters within the
scope of the powers of the Common Council may designate a
spokesperson to address the Common Council on behalf of said group.
Such a spokesperson will be permitted to speak for five minutes. Similarly,
a group of five or more may designate a spokesperson to address the
Common Council on behalf of said group. Such a spokesperson will be
permitted to speak for seven minutes. All persons represented by such a
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Common Council Rules of Procedure
Revised November 7, 2012
spokesperson must be present at the Common Council meeting, and
appear with the speaker in order for the spokesperson to be heard. All
spokespersons speaking before Council will observe the Rules of Order
posted in Common Council Chambers (See Section III (v)).
(7) Privilege of the Floor – Common Council and the Mayor
Any member of Common Council or the Mayor shall be accorded the
privilege of the floor to speak in response to any person having made
comments during the Petitions and Hearing of People Before Council or
in regard to any matters pending before the board or any matters of
significance to the residents of the city.
(8) Consent Agenda
The Consent Agenda shall be a listing of all resolutions and
appointments that have been designated by the Chairs of the
recommending Standing Committees, or by the Mayor, as being routine
and not likely to need or require discussion by the Common Council,
unless said agenda item requires a formal vote in accordance with state
or local law. The resolutions and appointments listed in the Consent
Agenda are voted on as a group by the Council. Any member of the
Council may require that any resolution or appointment in the Consent
Agenda be instead included separately and individually as part of the
business of a Standing Committee or Special Committee.
(9) Reports and Resolutions from Standing Committees
Reports – The chair of each standing committee shall give a brief oral
report of any business of that committee not scheduled for discussion
as part of the meeting agenda, followed by an opportunity for other
members of the Council to ask questions.
Motions and Resolutions – The Committee Chair shall introduce each
motion or resolution brought forward from committee by reading the
Resolved portions into the record. The Committee Chair need not read
the entire resolution. The Committee Chair may synopsize or
summarize the issues in the resolution, if so desired.
(10) Reports of Special Committees
The Chairs of any special committees may give brief oral reports of any
business of their committees. Each report shall be followed by an
opportunity for other Council members to ask questions. If they have
any motions or resolutions, they shall follow the sequence and
procedures in No. 9 above.
(11) New Business
The Mayor may ask Common Council to consider any report or
resolution whether or not that report or resolution has been previously
reviewed by a Standing Committee.
(12) Individual Member-Filed Items
Any individual Council member shall introduce any motion, proposed
resolution, or proposed ordinance that was submitted to the City Clerk
by that individual Council member by 4:00 p.m. on the Thursday
preceding the Common Council meeting and which was included in the
agenda for that meeting. Any individual Council member may introduce
a proposed local law that was submitted to the City Clerk by that
individual Council member at least seven calendar days (excluding
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Common Council Rules of Procedure
Revised November 7, 2012
Sundays) prior to the Common Council meeting, laid upon the tables of
all the members of Common Council at least seven days (excluding
Sundays) prior to the day of the Common Council meeting and which
was included in the agenda for that meeting. Common Council may
decide to consider the motion or proposed resolution, ordinance or local
law, table it until a future meeting, refer said motion or proposed
resolution, ordinance or local law to a Standing or Special Committee,
or take any other action it deems appropriate.
(13) Mayor’s Appointments
The Mayor shall present her or his appointments to Common Council
for a vote.
(14) Reports of Common Council Liaisons
Any Common Council member may provide a report related to any
board, commission or other body to which that Council member is a
liaison.
(15) Report of City Clerk
The City Clerk shall provide a report.
(16) Report of City Controller
The City Controller shall provide a report.
(17) Report of City Attorney
The City Attorney shall provide a report.
(18) Minutes from Previous Meetings
The City Clerk shall present the minutes from previous meetings to
Council. In the absence of objection or correction, the minutes stand
approved without formal motion.
(19) Adjournment
Upon completion of the above-listed order of business, the Mayor shall
hear a motion to adjourn the meeting.
III. Order and Decorum
i. The Chair shall preserve order and decorum and shall decide all questions of
order, subject to an appeal from the Common Council or Standing Committee.
ii. If an appeal is taken from the decision of the Chair, the Chair shall have the right
to explain the reason for the decision. The Council or committee shall decide the
case without debate, and the question shall be stated by the Clerk or equivalent
staff, “Shall the ruling of the Chair be sustained?” The vote shall be taken by roll
call and ruling sustained by a majority of the members of Council or Standing
Committee. The Mayor does not vote in such an appeal.
iii. While the Chair or the Clerk is taking a vote or while a member has the floor and
is speaking, no other member shall speak except to raise a point of order or a
point of information.
iv. No matter concerning the medical, financial, credit or employment history of a
particular person, or matters leading to the appointment, employment, promotion,
demotion, discipline, suspension, dismissal or removal of a particular person
shall be discussed by Council in open session, but shall instead be taken up in
executive session upon a majority vote of the total membership of Council as
provided by Sec. 105 subd. 1 f of the Public Officers Law. In any case,
Alderpersons and the Mayor shall be sensitive to the negative impact of public
statements criticizing an employee. If the direct subject of the public criticism is
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Common Council Rules of Procedure
Revised November 7, 2012
the content, implementation, or outcome of a policy, this is not considered to be a
criticism of job performance.
v. All members of the public who attend meetings of any City board, commission or
committee, including public meetings of Common Council, shall act in
accordance with the following Rules of Order (as posted in Common Council
Chambers):
1) Where public comment is scheduled on the meeting agenda, any
member of the public may address the Mayor, Common Council, or a
Council Committee in regards to matters within the scope of the powers of
Common Council for up to three minutes.
2) Any person may address Common Council or a standing committee of
Common Council for up to three minutes during the “Petitions and Hearings
of Persons Before Council” or “Public Comment” portion of an official
meeting. A speaker will be notified by a timekeeper when her/his time has
ended. Neither the Chair, the Mayor, nor any majority vote of the entire
body may extend the speaker’s limit. A person may address the body at
any point after the “Petitions and Hearings of Persons Before Council” or
“Public Comment” portion of the meeting upon invitation by, or permission
from, the Mayor, the Chair of the committee or by a majority vote of the
body. The provisions of this subsection shall apply to spokespersons,
designated per Section II (6)(a), with the exception that the time limit
afforded such persons shall be either five or seven minutes, depending on
the size of the group the spokesperson represents.
3) Any person who shall desire to speak at a meeting of Common Council,
or a Council Committee shall fill out a card stating her or his name, street
address, municipality of residence, and the topic upon which they will
comment. Any spokesperson, appointed pursuant to Section II (6)(a), who
shall desire to speak at a meeting of Common Council, or a Council
Committee shall fill out a form stating her or his name, the name, if any, of
the group she or he represents, the names of those persons that the
spokesperson is designated to represent, and the topic upon which they will
comment. If a person identifies himself or herself as a member of such a
group, he or she may not exercise the individual right to address council or
committee at the same meeting. In completing this card or form each
speaker will be affirming that they have read and understand the posted
Rules of Conduct. Upon speaking, each person shall verbally state their
name, the municipality in which they reside, and the name of the group they
represent, if any, for the record.
4) Members of the public addressing the Mayor, Common Council, or a
Council Committee shall do so in an orderly manner.
5) No person shall shout, use foul language, throw or slam anything or
engage in any other form of disruptive behavior.
6) No member of the public shall approach Common Council members, the
Mayor or City staff seated at the Council table, except as detailed in Section
III, v. 7, or upon request of the Chair or a majority of the body.
7) Speakers shall give any written materials to the City Clerk or City staff
for distribution to Common Council and Committee members.
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Common Council Rules of Procedure
Revised November 7, 2012
8) If a member of the public fails to follow the Rules of Order, the Chair
shall ask the member of the public to take her or his seat or, if seated, the
Chair shall ask the member of the public to cease any behavior in violation
of the Rules of Order.
9) If a member of the public fails to sit down after being asked, or continues
with outbursts or other behavior prohibited by these Rules of Order while in
the audience, the Chair shall ask the member of the public to leave the
room.
10) If a member of the public fails to leave the room after being asked or
continues with other behavior prohibited by the Rules of Order, the member
of the public will be subject to arrest on the charge of Obstructing
Governmental Administration.
IV. Standing Committees
The Mayor shall appoint, at the first meeting of the Common Council in each year
Or as soon thereafter as may be, all standing committees required by the rules of
the Common Council and all special committees of the Common Council.
V. Acting Mayor and Alternate Acting Mayor
i. In case the Mayor shall be unable to perform the duties of the Mayor's office in
consequence of sickness or absence from the city or if there shall be a vacancy
in the office, at the first meeting in each year or as soon thereafter as may be
practicable, the Common Council shall appoint by ballot one of its members to
preside at the meetings, and the presiding officer thus chosen shall be vested
with all the powers and perform all the duties of the Mayor of the city, except as
provided in the City Charter § C-33A(1), until the Mayor shall resume the duties
of the office or the vacancy shall be filled for the unexpired term by election
according to law. The officer so appointed shall be styled "Acting Mayor" and
shall sign all necessary papers with his/her name, adding thereto the words
"Acting Mayor."
1) The Acting Mayor shall not be vested with the voting powers of the
Mayor as described in the City Charter § C-30, but shall instead
exercise the voting rights afforded Council members other than the
Mayor.
ii. The Common Council may in the same manner appoint another of its members
as Alternate Acting Mayor, to assume all the powers and perform all the duties of
the Mayor of the city in the same manner and fashion as the Acting Mayor
whenever the Acting Mayor is required to assume the powers and duties of the
Mayor's office but is unable to do so in consequence of sickness or absence from
the city.
VI. Receipt of Reports
i. The Common Council may vote to ACCEPT in whole or in part the report of any
person, consultant, committee, task force, or other group. Acceptance is hereby
defined to mean that the Common Council acknowledges receipt of the report and
thanks its author for it.
ii. The Common Council may vote to ENDORSE any such report in whole or in part.
Endorsement is hereby defined to mean that the Common Council acknowledges
receipt of the report, thanks its author for it, and concurs in its findings and/or
recommendations.
iii. The Common Council may vote to ADOPT any such report in whole or in part.
Adoption is hereby defined to mean that the Common Council acknowledges
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Common Council Rules of Procedure
Revised November 7, 2012
receipt of the report, thanks its author for it, and formally commits itself to
implementing its recommendations.
iv. The Common Council may vote to REJECT any such report in whole or in part.
This may be done either by voting down an acceptance or an adoption
resolution, or by passage of a resolution of rejection. Such a resolution means
that while the Common Council has received the report, it finds it unsatisfactory
and/or does not choose to implement its findings.
VII. Vacancies
i. In the event that a vacancy is created on Common Council pursuant to Article 3
of New York State Public Officers Law, Council shall fill such vacancy until the
next regularly scheduled municipal election.
ii. A Council Selection Committee shall consist of:
a. The Mayor;
b. The Council member from the same Ward in which the vacancy has been
created;
c. Another member of Council as selected by the Mayor.
i. Within 7 days of the receipt of written notice of the creation of a vacancy,
the City Clerk shall post a notice of vacancy and request that interested
candidates submit an application to the City Clerk.
ii. The Council Selection Committee shall review applications and schedule
a meeting at which candidates have the opportunity to present themselves
and answer questions.
iii. The Council Selection Committee shall, within 30 days of the posting ofthe
vacancy by the City Clerk, present a recommended candidate to Common
Council for a vote. The candidate shall be approved upon majority vote of
Common Council.
iv. Approved candidates shall be seated at the next Common Council
meeting.
v. In the event that Common Council does not approve the recommended
candidate, the Council Selection Committee shall have the option of presenting
an alternate candidate at the same meeting, or tabling the recommendation until
the next Common Council meeting.
VIII. Removal of a Council Member
Common Council may initiate the removal of a Common Council member for misconduct or
abrogation of duties, otherwise being unfit for services OR pursuant to New York State
Public Officers Law 30(1), for failure to maintain residence in the Ward for which the
member was elected, as defined in City Code § 90-67(B)(2).
i. Robert’s Rules of Order shall govern the process for investigating a claim that a member
is unfit for membership and ultimately removing a Common Council member from office.
ii. Removal of a Common Council member shall create a vacancy, pursuant to Article 3 of
New York State Public Officers Law, which shall be filled as outlined in Section VII above.”
IX. Rules of Procedure
In any matter of procedure not governed by these rules, the Common
Council shall be governed by Robert’s Rules of Order.
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Common Council Rules of Procedure
Revised November 7, 2012
X. Amendment and Suspension of the Rules
i. These rules shall not be altered or amended except by two-thirds vote of the entire
Common Council, and then only after at least one week’s notice accompanied by a
written or printed copy of the proposed alteration or amendment.
ii. These rules may be temporarily suspended by a two-thirds vote of the Common
Council.
XI. Communications between Council Members and Staff
i. Council members who need information from City staff to assist them in
developing policy or in responding to a request from a constituent, shall transmit
information requests to the department head or directly to the department staff.
ii. Whenever Council members seek information directly from departmental staff, the
following procedures should be pursued since individual Council members do not
supervise staff nor do they establish or change programs.
1) If the information request is more than minimal in terms of staff time
required, the Council member should direct the inquiries to the Mayor or
the chair of the committee to which the department reports. If the
Mayor or the committee chair declines to authorize the request, an
appeal may be made to the appropriate committee; and if that fails, to
the whole Council.
iii. A Council member should never attempt to influence the conduct of a staff person
on the job. Any concerns that a Council member has about a staff person’s conduct
on the job or job performance should be directed to the Department Head, the
Mayor, the Human Resources Director or the appropriate committee.
1) In the event that any Council member does so attempt to influence
the conduct of a City staff member on the job, the staff person should bring
this to the attention of the department head who will in turn notify the
Human Resources Director, the Mayor and the Chair of the committee to
which the department reports.
XII. Budget Review Meetings.
i. After receiving the Mayor’s proposed budget, the Common Council shall
conduct a committee meeting (or series of committee meetings) for the
purpose of reviewing the proposed budget, receiving presentations from City
departments and agencies and affected City-sponsored programs,
considering possible modifications to the Mayor’s budget, conducting two or
more public hearings on the budget (in addition to the public hearing required
at the regular Common Council meeting in November), and recommending a
proposed budget to be voted upon by the Common Council at a regular or
special Common Council meeting.
ii. The afore-mentioned budget review meetings shall be considered to be
Committee of the Whole (COTW) meetings and shall be subject to the
following procedural rules:
a. The COTW shall consist of the full membership of Common Council,
including the Mayor.
b. These COTW meetings shall be organized by the committee of
Common Council charged with budget and finance matters (i.e., the City
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Administration Committee or whichever successor committee is
responsible for budget and finance matters).
c. A quorum for purposes of conducting business shall be a simple
majority of the whole membership of Common Council, i.e., six
members, and the Mayor shall not count toward said quorum.
d. The Mayor shall not be entitled to vote except to break a 5-5 tie in the
vote of the other members of the COTW.
e. The budget review COTW meetings shall be chaired by the chairperson
of the committee of Common Council that is charged with budget and
finance matters (i.e., the City Administration Committee or whichever
successor committee is responsible for budget and finance matters).
f. All budget review COTW meetings are subject to the Open Meetings
Law, and are, therefore, open to the public and require advance notice
as provided by law. However, with the exception of those COTW
meetings, which are specifically designated as “public hearings,”
members of the public shall not be entitled to make public comment at
the COTW meetings, unless the COTW decides otherwise by majority
vote. For those COTW meetings that are specifically designated as
“public hearings,” or at any other COTW meeting where the public has
been permitted to comment, the same rules as to public comment which
are applicable to regular Common Council meetings or other Council
committee meetings shall apply.
g. At the first meeting in any year of the budget review COTW, the Mayor’s
proposed budget shall be moved (and seconded) for recommended
approval by Common Council, for the sake of discussion and possible
amendment. Thereafter, including at subsequent COTW meetings, the
chair shall entertain proposed amendments to the Mayor’s budget, with
regard to any line or amount therein, which proposed amendment shall
require a second in order to be considered. For passage by the COTW,
any such amendment shall require the affirmative vote of at least six of
those COTW members present. Following the consideration of all
proposed amendments, the COTW shall vote on a recommendation, to
Common Council, of a proposed budget, including any amendments
which have been acted upon affirmatively by the COTW. If for any
reason the COTW is unable to make such a recommendation, then the
Mayor’s proposed budget shall be moved for discussion at a Common
Council meeting following the completion of the scheduled budget
review COTW meetings.
h. Except as otherwise provided for herein, the meetings of the budget
review COTW shall be governed by Robert’s Rules of Order.
iii. Nothing herein is intended to restrict the ability of the Common Council to
amend the proposed budget at a Common Council meeting, prior to its
adoption.
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3.City Administration, Human Resources, and Policy
.2 Consent to Transfer of Control – TWC-Comcast
WHEREAS, Time Warner Cable Northeast LLC (“Franchisee”) is the duly authorized holder of a
franchise, the term of which has expired and is pending renewal, as amended to date (the
“Franchise”), authorizing Franchisee to serve the City of Ithaca, NY (the “Franchise Authority”)
and to operate and maintain a cable television system therein (the “System”); and
WHEREAS, Time Warner Cable Inc. (“Time Warner Cable”) is the ultimate parent company of
Franchisee; and
WHEREAS, on February 12, 2014, Time Warner Cable, Comcast Corporation (“Comcast”) and
Tango Acquisition Sub, Inc. (“Tango”), entered into an Agreement and Plan of Merger (the
“Agreement”), pursuant to which Time Warner Cable will merge with Tango, a wholly-owned
subsidiary of Comcast, with Time Warner Cable as the surviving company, and Time Warner
Cable will thereby become a wholly-owned subsidiary of Comcast (the “Transaction”); and
WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC Form 394
with the Franchise Authority with respect thereto; and
WHEREAS, the Franchise Authority has considered and [denies approval/approves] of the
Transaction.
NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS:
1.The foregoing recitals are approved and incorporated herein by reference.
2.The Franchise Authority [does not consent/consents] to the Transaction.
3.The Franchise Authority confirms that the Franchise is expired but remains in force
pending negotiation of a renewed Franchise. No certification is made as to defaults under the
Franchise, and any defaults that may at this time exist are not waived by this Resolution, and may
be raised in further negotiations related to renewal of the Franchise. Subject to compliance with
the terms of this Resolution, all action necessary to approve the transfer of control of the
Franchisee to Comcast has [not] been duly and validly taken.
4.Comcast or the Franchisee may [not] (a) assign or transfer its assets, including the
Franchise, provided that such assignment or transfer is to an entity directly or indirectly
controlling, controlled by or under common control with Comcast; (b) restructure debt or change
the ownership interests among existing equity participants in Comcast; (c) pledge or grant a
security interest to any lender(s) of Comcast’s assets, including, but not limited to, the Franchise,
or of interest in Comcast, for purposes of securing any indebtedness; and (d) sell equity interests in
Comcast or any of Comcast’s affiliates.
5.Upon closing of the Transaction, the Franchisee shall remain bound by the lawful terms
and conditions of the Franchise.
6.This Resolution shall be deemed effective upon adoption.
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CA Item #3.2
CA Item #3.2
VIA E-MAIL AND OVERNIGHT DELIVERY
May 9, 2014
Mr. Aaron O. Lavine, Esq.
City Attorney, City of Ithaca
City Attorney’s Office
108 East Green Street
Ithaca, New York 14850-5690
Re: Time Warner Cable/Comcast Corporation Transaction
Dear Mr. Lavine:
We are writing in response to the letter we received on May 1, 2014 in connection with the FCC
Form 394 (“Application for Franchise Authority Consent to Assignment or Transfer of Control
of Cable Television Franchise”) that was filed with the City of Ithaca (“City”) for consent to the
transfer of control of the City’s cable system franchisee pursuant to the merger (the
“Transaction”) of Time Warner Cable Inc. (“TWC”) and Comcast Corporation (“Comcast”).
We understand the importance of the City’s review process, and it is our goal that the process be
an efficient and cooperative one. We also appreciate the information you provided regarding the
ongoing renewal process with TWC and recognize the complexity of such renewal discussions.
We firmly believe, however, that the franchise renewal and our request for consent to the transfer
of control of the Franchisee are unrelated. Each is subject to a separate process established by
federal laws and regulations. Because each process involves different procedural rules as well as
substantive criteria, it would be inappropriate to combine them. In addition, it is neither required
nor anticipated that the transfer will impact any ongoing franchise renewal negotiations with the
City. At this time, TWC continues to operate independently, and Comcast is generally limited
by antitrust laws from involvement in renewal negotiations related to TWC franchises.
Accordingly, the Transaction will not impact any renewal negotiations with TWC. Moreover,
the Transaction is a parent company merger which will not have any effect on the obligations of
the Franchisee under the current franchise or any renewed franchise. After the Transaction, the
Franchisee will remain obligated to comply with the terms and conditions of the franchise or any
renewed franchise in the same manner as before the Transaction. Thus, if the franchise is not
renewed at the time of the Transaction, we fully intend to continue to work with the City toward
renewal of the franchise.
CA Item # 3.2
Mr. Aaron O. Lavine, Esq.
City Attorney, City of Ithaca
May 9, 2014
Page 2
Without waiving the foregoing, TWC will respond separately to your request to initiate renewal
negotiations with the City.
We would be happy to meet with you to answer any questions that we can and to facilitate
positive dialogue. We will contact you soon to discuss potential dates for such a meeting.
All of us at Comcast are excited about the opportunity to serve your community and we look
forward to working with you toward a successful Application review process. As always, please
feel free to contact me at (215) 286-5585, send an email to klay_fennell@comcast.com, or send a
facsimile to (215) 286-8408.
Sincerely,
Klayton F. Fennell
Vice President, Government Affairs
CA Item #3.2
CA Item #3.2
CA Item #3.2
CA Item #3.2
3.City Administration, Human Resources, and Policy
.3 Creation of Stormwater Utility and Establish User Fee
Local Law No. ____-2014
A local law entitled the “City of Ithaca Local Law Authorizing the Creation of a Stormwater
Utility and the Establishment of a Stormwater User Fee”
WHEREAS the City’s underlying geography, including the presence of Cayuga Lake, streams,
and inlets, and its location at the base of many hills that send runoff into the City, makes
stormwater management both especially important and difficult, and
WHEREAS flood control, including issues such as the ice jams of last winter and the Flood
Control Channel dredging that the City has been pursuing for years, is a question of stormwater
management, and
WHEREAS in the 2014 National Climate Assessment, the United States Global Change Research
Program stated that the Northeast region of the United States is experiencing increased
precipitation as a result of climate change, including “more than a 70% increase in the amount of
precipitation falling in very heavy events” over the last fifty years, “a greater recent increase in
extreme precipitation than any other region in the United States,” and
WHEREAS each year, the City spends the better part of a million dollars on stormwater-related
expenses, such as construction and maintenance of storm sewers and channeled streams,
environmental management, and regulatory compliance, and
WHEREAS the City is subject to federal and state stormwater regulations as a small municipal
separate stormwater sewer system, and enacted a Local Law in 2007 “to establish minimum
stormwater management requirements and controls to protect, maintain, and enhance the health,
safety and general welfare of the citizens of the City and its natural environment” as required by
such regulations, but did not address program funding in such law; and
WHEREAS the funding for the City’s stormwater program is derived primarily from taxes, which
do not account for the amount of stormwater generated by impervious surfaces located on any
given parcel and do not provide any incentive for property owners to reduce the amount of runoff
generated by their properties, and
WHEREAS the funding for the City’s stormwater program is derived primarily from taxes, thus
omitting tax-exempt properties from participation in the funding of the stormwater programming
and infrastructure needed to handle runoff generated by such properties, and
WHEREAS a funding mechanism for the stormwater program that is not derived from real
property taxes is necessary for the City to maintain and improve stormwater infrastructure, meet
current and future regulatory requirements, and prepare for the expected continuing impacts of
climate change, and
WHEREAS Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) authorizes the City to provide
for the “fixing, levy, collection and administration of rentals, charges, rates or fees, penalties and
rates of interest thereon, liens on local property in connection therewith and charges thereon,” now,
therefore,
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BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Legislative Findings, Intent, and Purpose.
The Common Council makes the following findings of fact:
A. Every parcel of real property that contains impervious surface areas, both public
and private, uses and benefits from the maintenance of the stormwater system.
B. As recognized in the Department of Environmental Conservation’s 2010
Stormwater Management Design Manual, “Rooftops, roads, parking lots, driveways
and other impervious surfaces no longer allow rainfall to soak into the ground.
Consequently, most rainfall is directly converted into stormwater runoff . . . [T]he
volume of stormwater runoff increases sharply with impervious cover,” including
the peak flow rate of runoff from a property. Thus, the presence of impervious
surfaces contributes to flash flooding and negatively affects water quality in the
City’s waterways. Accordingly, a property owner who chooses to construct or
maintain an impervious surface is choosing to use the City’s stormwater
infrastructure to handle the runoff (and any sediment, chemicals, or other pollutants
contained in the runoff) from the property.
C. Changed incentives are required in order to motivate individual property owners to
reduce the rate and volume of runoff from their respective properties and to increase
its water quality. Properties with large, impervious surfaces, such as parking lots,
are often assessed at a lower value for property tax purposes than smaller properties
with a residential building surrounded largely by pervious surfaces, even though the
former properties have a much larger effect on the City’s stormwater infrastructure.
As a result, the costs of stormwater services required to meet the City’s regulatory
obligations, increase waterway quality, and protect City residents and businesses
from flooding are not currently shared by each property in proportion to the
demands it places on such services.
D. Impervious surfaces that tax-exempt property owners have chosen to construct or
maintain on their properties substantially increase the need for, and cost of
providing, stormwater services. When such costs are paid out of the City’s tax
revenues, however, the owners of those properties do not participate in funding the
infrastructure and services required by the runoff generated due to their decisions.
Pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(9-a) the City of Ithaca is authorized to
adopt a local law relating to the adoption of user fees. The user fee enacted by this Local Law will
be used to pay the costs incurred by the City in offering services and infrastructure to handle runoff
caused by a property owner’s choice to construct or maintain impervious surfaces on a given
property. Further, this dedicated source of funds for stormwater programming is needed for the
City to address its aging infrastructure, the increasing number of federal and state regulations
regarding the handling of stormwater with which the City must comply, and the increases in
overall precipitation and heavy precipitation events that have already occurred, and are anticipated
to continue, due to climate change.
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Section 2. Creation of Stormwater Utility.
A new Chapter 283 of the City Code, entitled “Stormwater Utility,” is created as follows:
Section 283-1. Definitions.
BOARD.
The Board of Public Works.
CREDIT RATE.
The scaling factor that shall be applied in the calculation of Stormwater User Fee
credits. For structures or practices that, as determined by the Superintendent, are
anticipated to provide:
(i) both treatment quality and quantity attenuation, the Credit Rate shall
be twenty percent (20%);
(ii) either treatment quality or quantity attenuation, the Credit Rate shall
be ten percent (10%).
DEVELOPED LOT.
A Lot which has an Impervious Surface Area greater than or equal to twenty-five
percent (25%) of an Equivalent Residential Unit.
EQUIVALENT RESIDENTIAL UNIT (“ERU”).
The average amount of Impervious Surface Area on a Residential Property in the
City, as determined by the Common Council.
IMPERVIOUS SURFACE.
Any surface on a Lot that, because of the surface’s composition or compacted
nature, impedes or prevents natural infiltration of water into the soil, including, but
not limited to, roofs, solid decks, driveways, patios, sidewalks (other than public
walks located in the City’s right-of-way), parking areas, tennis courts, concrete,
asphalt, or crusher/run streets or paths, or compacted gravel or dirt surfaces, as
determined by the Department of Public Works.
IMPERVIOUS SURFACE AREA.
As recorded or calculated by the Department of Public Works, the number of square
feet of horizontal surface on a Lot covered by an Impervious Surface.
LOT
Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file
with the Tompkins County Department of Assessment.
NON-RESIDENTIAL LOT.
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All Developed Lots other than Residential Lots.
PROPERTY CLASS CODE.
The property type classification code, as defined by the New York State Office of
Real Property Services in the Assessors’ Manual, assigned to a Lot by the
Tompkins County Department of Assessment, as may be updated by that
Department from time to time.
PROPERTY OWNER or OWNER.
The owner of a Lot as shown on the Tompkins County tax records.
RESIDENTIAL LOT.
A Developed Lot with a Property Class Code of 210, 215, 220, 230, 240, 250, or
270, or substantially identical successor designations.
STORMWATER.
The runoff from all forms of precipitation that travels over natural or developed
surfaces to the nearest stream, other conduit, or impoundment and appears in lakes,
rivers, ponds, or other bodies of water.
STORMWATER SERVICES.
The City program for protection of Stormwater quality and for the partial control
and conveyance of Stormwater, including, but not limited to: public education;
monitoring, removing, and regulating Stormwater pollutants; other activities
described in the City’s New York SPDES permit; mapping; planning; regulating,
reviewing and inspecting private Stormwater infrastructure; operating, constructing,
improving, cleaning, and maintaining the City's Stormwater System; and any and
all expenses deemed reasonably necessary to the management of Stormwater within
the City in the judgment of the Superintendent of Public Works, as instructed from
time to time by the Board of Public Works, including but not limited to the payment
of debt principal and debt service, and the establishment of a reserve fund, to pay
for these services.
STORMWATER SYSTEM
The system of natural and constructed conveyances for collecting and transporting
stormwater, including but not limited to lakes, ponds, rivers, perennial, intermittent,
and/or channeled streams, connected wetlands, open ditches, catch basins and other
inlets, pipes, sewers, drains, culverts, and created stormwater management facilities
that provide partial treatment by passive means such as wet detention ponds,
detention basins, and stormwater wetlands.
STORMWATER USER FEE.
The fee charged for costs incurred by the City in providing Stormwater Services.
SUPERINTENDENT.
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The Superintendent of Public Works, or his or her designee.
TREATMENT EFFICIENCY.
As determined by the Superintendent, the calculated effectiveness, expressed as a
percentage of total possible effectiveness of an ideal stormwater management
practice or structure, of a stormwater management practice or structure designed to
remove a desired component through quality treatment, quantity attenuation, or
both, as applicable.
Section 283-2. Stormwater User Fees.
A. Each Developed Lot in the City shall be subject to a monthly Stormwater User Fee
equal to the product of four dollars ($4.00) and the number of ERUs of Impervious
Surface Area on the Lot as calculated below, less any credits for the Lot approved
by the Superintendent pursuant to Section 283-3.
(1) Every Residential Lot, and each Non-Residential Lot with an Impervious
Surface Area less than or equal to one (1) ERU, shall be deemed to have an
Impervious Surface Area equal to one (1) ERU.
(2) The number of ERUs of Impervious Surface Area on a Non-Residential Lot
with an Impervious Surface Area greater than one (1) ERU shall be
calculated by dividing the Lot’s Impervious Surface Area by the value of
one (1) ERU, and rounding the result up to the nearest one-quarter (1/4) of
an ERU.
B. Equivalent Residential Unit.
(1) An Equivalent Residential Unit is equal to two thousand, three hundred
(2,300) square feet.
(2) At least once every five (5) years, the Superintendent shall report to the
Board and Common Council regarding changes in the average Impervious
Surface Areas of Residential Lots.
C. Measurement of Impervious Surfaces.
(1) Any Owner may file an application with the Superintendent contesting the
calculation of Impervious Surface Area on the Lot as of the date of the
application. The applicant must submit satisfactory evidence as required by
the Superintendent, such as square footage measurements and descriptions
of the relevant buildings or materials. For applications submitted prior to
July 1, 2015, any approved changes in calculations will take effect
retroactive to January 1, 2015. For all other applications, any approved
changes in calculations will take effect on the first day of the billing period
beginning after the application was submitted, even if retroactive as of date
of approval; no refunds or credits shall be granted for amounts billed prior to
submission of the application. The applicant may appeal the determination
of the Superintendent as set forth in Section 283-5(A).
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(2) The Superintendent shall endeavor to update the Impervious Surface data in
the City’s geographic information systems at least once every five (5) years.
(3) Upon close-out of any building permit under which the associated
documentation or other data indicates that at least one-quarter (1/4) of an
ERU of Impervious Surface has been constructed upon a Lot, the Director
of Planning and Development or authorized code enforcement personnel
shall provide to the Superintendent notice of the number of square feet of
Impervious Surface added, in net, to the Lot, as indicated on documentation
associated with said permit, together with the applicable tax lot number.
The Superintendent shall thereafter update the data in the City’s geographic
information systems to reflect the adjusted Impervious Surface Area on the
Lot.
Section 283-3. Stormwater User Fee Credits.
A. The Stormwater User Fee for a Non-Residential Lot shall be reduced as provided
herein if the Superintendent certifies that the Lot is eligible for one or more credits
in accord with this section.
B. Calculation of Credits. The credit for a practice or structure shall be the product of:
the Lot’s Stormwater User Fee, the percentage of the total Impervious Surface Area
on a Lot mitigated by the practice or structure, the practice or structure’s Credit
Rate, and the practice or structure’s Treatment Efficiency.
C. Eligible Practices. Credits are available for those Stormwater management practices
or structures enumerated in a detailed list entitled “Approved Stormwater User Fee
Credits”, maintained by the Superintendent, established by resolution of the Board,
and updated from time to time by additional resolution of the Board on consultation
with the Superintendent. Such updates shall only be effective in conjunction with
this Chapter if, at least 14 days before the Board finally votes on any such update,
the Superintendent provides to the Board and to the City Controller an estimate of
the probable annualized budget impact of such updates upon the stormwater
account maintained by the City Controller.
D. Review Criteria. An engineered structure or practice that provides quality treatment
and/or quantity attenuation shall be considered by the Superintendent using the
criteria set forth herein.
(1) The proposal must demonstrate that the practice will provide a quantifiable
treatment and/or runoff control benefit to the site through engineered design
principles.
(2) The watershed subcatchment leading to the practice must be clearly defined
including the area, amount of impervious cover, flowpath, and existing and
proposed land use.
(3) The credit for a structure will be prorated based on that structure’s
Treatment Efficiency. For example, the credit for an otherwise-qualifying
structure that is designed for ten percent (10%) water quality volume
treatment efficiency will be reduced by ninety percent (90%), as compared
with a structure designed for 100% efficiency.
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(4) Designs must follow the New York State Department of Environmental
Conservation’s Stormwater Management Design Manual guidelines, as
amended or replaced by substantially identical guidelines.
(5) The Owner must assume all responsibility for practice operation and
maintenance. Failure to maintain the structure shall result in cancellation of
the credit pursuant to Section 283-3(E).
E. Administration of Credits.
(1) In order to obtain a credit, an Owner must apply in a form satisfactory to the
Superintendent.
(2) If an application is approved by the Superintendent, the resulting reduction
in the Stormwater User Fee shall take effect with the beginning of the next
billing period that begins at least thirty (30) days after the application was
approved. The Superintendent shall have the discretion to make the credit
retroactive to the next billing period beginning after the application was
submitted if the interests of justice so require. Unless otherwise specified, an
approved credit shall continue to be applied on each future bill so long as
the Lot continues to be eligible for the credit; provided, however, that the
Superintendent shall cancel any credit for failure to provide the City with
access to inspect and confirm the Lot’s continuing eligibility for a particular
recurring credit.
(3) The applicant may appeal the Superintendent’s denial of an application or
cancellation of a previously-approved credit as set forth in Section 283-
5(A).
Section 283-4. Stormwater Account and Billing.
A. The City Controller shall create and maintain a dedicated stormwater account
separate from all other City accounts or funds. All Stormwater User Fees, and any
penalties or interest on such user fees, shall be deposited into that account, and shall
be used by the City solely to provide Stormwater Services.
B. Billing.
(1) The City Chamberlain shall issue bills for Stormwater User Fees on a
quarterly basis, or another regular, periodic basis, not less regularly than
annually. The Stormwater User Fees may be billed on a combined utility bill
that contains other charges, including for water and/or sewer service.
Stormwater User Fees that are shown on a combined bill may be for a
different service period than that used for other utility services.
(2) Bill Recipient.
(a) Single Water and/or Sewer Account. For a Lot associated with only
one (1) water and/or sewer account, the City will bill the Stormwater
User Fee to the individual or entity receiving the utility bill for such
account. The Owner may elect to receive the bill or redirect the bill
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to a third-party, with the third-party’s consent, by executing and
submitting a form provided by the City Chamberlain.
(b) All Other Lots. For all other Lots, the City will bill the Stormwater
User Fee to the Owner on a separate utility bill. The Owner may
elect to redirect the bill to a third-party, with the third-party’s
consent, by executing and submitting a form provided by the City.
(c) In all cases, the Owner is finally responsible for any unpaid
Stormwater User Fees, including penalties and/or interest.
(3) If a Lot is incorrectly billed, or not billed, or a bill is sent to the wrong party,
the City may backbill a property for a period not to exceed two (2) years.
(4) The Superintendent, the City Controller, and the City Chamberlain are
authorized to develop billing forms, guidelines, and practices not
inconsistent with this Section.
C. Effect of Nonpayment.
(1) No Certificate of Occupancy or Certificate of Compliance shall be issued by
the Director of Planning and Development or authorized code enforcement
personnel for any building or structure located on a Lot if the Stormwater
User Fee for such portion of the Lot is in arrears.
(2) The Stormwater User Fee shall be payable without penalty for thirty (30)
days following the billing date. On all amounts unpaid at the expiration of
such period, five percent (5%) of the amounts unpaid shall be added and
collected. On all amounts remaining unpaid after thirty days following the
expiration of such period, and after each period of thirty days or portion
thereof thereafter, one percent (1%) of the amounts unpaid shall be added
and collected, up through and including October of each year.
(3) Any uncontested portion of the Stormwater User Fee, with any added
penalty or interest, remaining unpaid on or before November 1 of any year
shall be listed as a separate item on the subsequent year’s City property tax
bill. Fees which have been contested in a timely manner and which have
been determined by the Board to be due and payable before November 1 of
any year shall be similarly listed.
D. The Board shall prescribe, in its discretion, a schedule of application and/or
inspection fees to be charged in connection with this Chapter. Such fees shall be
deposited in the stormwater account.
Section 283-5. Appeals and Reissuance of Fees.
A. Any applicant aggrieved by the Superintendent’s determination pursuant to Sections
283-2(C)(1) or 283-3(E) may appeal such decision to the Board at an open meeting
thereafter. Such appeal must be in writing and explain why the Superintendent’s
decision should be reversed. The applicant may present evidence to the Board at the
open meeting at which the appeal is considered, but such evidence must be limited
to the matters stated in the written appeal.
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B. Whenever any Stormwater User Fee charged under the provisions of this Section
shall be set aside or shall be decided by any court having jurisdiction thereof to
have been improperly or illegally charged or whenever it shall be ascertained that
the proceedings under which said fee has been issued shall have been so far
irregular and erroneous as to make the collection of such fee illegal, then the City
Chamberlain is authorized to issue a new fee with the same force and effect as if it
had been the original fee.
Section 283-6. Retention of Existing Powers.
Nothing herein shall be construed to modify or alter any power of the Common Council,
Board of Public Works, Superintendent of Public Works, Planning and Development
Board, or Director of Code Enforcement to require the construction, maintenance, or repair
of privately-maintained stormwater infrastructure at the cost of the Property Owner as part
of site plan review or other applicable regulation.
Section 3. Severability Clause.
Severability is intended throughout and within the provisions of this Local Law. If any section,
subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or
unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity
of the remaining portions of this Local Law.
Section 4. Effective and Operative Date.
This Local Law shall take effect January 1, 2015, provided it is first filed in the office of the
Secretary of State, or upon filing in the office of the Secretary of State thereafter.
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1
To: Common Council
From: Ari Lavine, City Attorney
Subject: Proposed Stormwater Legislation
Date: June 19, 2014
The previously-circulated Stormwater Fact Sheet—also included in this packet—remains the
primary summary document to assist in your review of this proposed legislation. I am providing
in this memorandum some supplemental highlights that may be of use in your consideration of
this proposed legislation.
1.Long-term Stormwater Programmatic Planning.
The proposed stormwater utility and associated user fee presents exciting long-term
planning opportunities for the City's stormwater program, streetscape, and green spaces.
A long-term collaboration between the City's DPW and its Planning and Zoning staff
may, in the coming years, succeed in building upon the financial foundation and pro-
permeability incentives reflected in the current proposal in order to (i) improve the look
and feel of the City in accord with planning and zoning priorities while (ii) reducing
strains on the City's stormwater infrastructure and associated costs, and (iii) reducing
environmental impact of stormwater runoff.
These initiatives could take many forms. A few examples might include:
(a) providing rain barrels, rain gardens, or financial support for the same to residences
throughout the City, perhaps leveraging funding provided by the proposed stormwater
utility as a local match for outside grant funding that might be obtained,
(b) planning and zoning for public and private green space, and
(c) enabling the DPW to adhere to a long-term work plan--in which interest has already
been expressed--for stormwater infrastructure and management.
2.Credits for Stormwater Mitigations.
The stormwater user fee credits proposed for section 283–3 of the code are of necessity
somewhat technical in nature. I want to take this opportunity to provide a plain-English
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
CA Item #3.3
2
primer. Non-Residential Lots are proposed to be eligible for credits; the administrative
costs of providing credit opportunities to Residential Lots--which are proposed to pay a
flat fee of $12 per quarter--render such credits inadvisable in the view of the Task Force.
Non-Residential credits could include everything from bio-swales to holding tanks, and
much else, as enumerated by the BPW from time to time. (See the included, proposed
BPW resolution for this purpose.)
The calculation of a credit is proposed to involve calculating a percentage discount off of
the otherwise-applicable user fee for a particular lot. That discount is based upon scope
(i.e. percentage of generated-runoff that is treated), type (quality treatment, i.e., removing
pollutants; quantity attenuation, i.e., reducing volume; or both), and effectiveness of the
mitigation generating the credit. So, for example, a mitigation that treats all stormwater
generated by impermeable surfaces on a lot (scope), does so both for purposes of
eliminating peak flow volumes and eliminating silt and pollutants in the water (type) and
with full effectiveness, is an ideal mitigation generating the maximum credit for that lot.
The actual size of that maximum credit is then determined by one last constant: the Credit
Rate, as discussed immediately below.
3.Setting the Credit Rate.
One of the determinations that Council will need to make in considering this proposed
law is the level at which to set the Credit Rate. The Credit Rate is a scaling factor,
probably best demonstrated by example: If a property fully and effectively mitigates for
both quality and quantity all of its generated stormwater (albeit ultimately still
discharging to the City's stormwater system) then a 20% Credit Rate will give that
property a 20% discount on its User Fee; or for either quantity or quality but not both, a
10% discount. The level at which the Credit Rate is set is a policy decision for Council.
On the one hand, a high Credit Rate incentivizes and rewards stormwater mitigations. On
the other hand, it provides credit for mitigations that in the vast majority of instances
were already required by state regulatory requirements, while reducing revenues
available to the City's Stormwater program. Current staff estimates suggest that, roughly
speaking, the reduction in citywide annual user fee revenues associated with a maximum
Credit Rate of 20% would be something under $10,000; associated with a maximum
Credit Rate of 100%, something under $50,000.
4.Billing Mechanism.
As described in the Fact Sheet, the Task Force has recommended, and the City
Chamberlain supports, a billing mechanism for the stormwater user fee of including this
fee as a separate line on quarterly water and sewer bills, where applicable. After further
discussion with the City Chamberlain, the proposed legislation:
(a) bills the stormwater user fee onto the water and sewer bill for any property receiving
only one water and sewer bill each quarter (i.e, for only one water meter). For these
properties, this means that a non-owner (such as a tenant) may receive the bill
containing the user fee, though the arrangement between owner and tenant for
responsibility to pay the user fee would be up to them to work out, and if unpaid, final
legal responsibility would always rest with the owner.
CA Item #3.3
3
(b) bills the stormwater user fee onto a separate bill directed to the owner for any
property receiving more than one water and sewer bill each quarter, or receiving no
water and sewer bill at all.
5.Implementation Impact and Cost in Chamberlain's Office.
Because of the significant first-year workload that this law will generate in the
Chamberlain's Office (in order to set up user fee billing to each property in the city),
discussions with the City Chamberlain suggest that a January 2015 effective date for this
law can likely only be achieved with a temporary staff addition to assist with data
inputting. Staff estimate that this requirement will very roughly cost $5,000 this fall in
order to implement this law.
CA Item #3.3
1
Stormwater Task Force Fact Sheet
Proposed Legislation Concerning Stormwater Infrastructure Management and Financing
•Summary of Current Context and Policy.
o Stormwater management is a major expense for the City. We are situated on a
lake, traversed by streams and inlets, at the base of many hills whose runoff
comes our way. Stormwater consumes the better part of a million dollars of the
budget each year on everything from storm sewers and channeled streams to
environmental management and regulatory compliance. Flood control—including
pressing issues like ice-jams and dredging—is ultimately a question of stormwater
management too. Stormwater runoff also has major environmental impact.
o Currently, the City’s stormwater program is funded primarily by tax dollars, not
by the City’s major tax-exempt owners, and not in a manner that accounts for the
expected runoff generated by each property. Beyond regulation of construction
sites and new development, the City Code provides few meaningful incentives for
reducing runoff from existing properties.
o For these reasons, in September 2013 the Mayor convened a Stormwater Task
Force, chaired by the City Attorney, to address these problems and report
recommendations to the BPW, and ultimately to Council.
•Task Force Objectives for a New System of Stormwater Management Financing.
o Improved incentives for reducing stormwater runoff from each property:
Incentivize permeable surfaces: gardens, lawns, green roofs, etc.
Disincentivize impermeable surfaces: extensive paving, expansive roofs.
o Shared cost burden of program in proportion to each property’s expected runoff
Large parking lots contribute more than small gardens.
o Inclusion of tax-exempt owners in a new system of financing.
o Dedicated funding for current and future maintenance and regulatory obligations.
•Creation of Stormwater Management User Fees.
o The Task Force recommends the creation of a citywide Stormwater Management
User Fee (“the Fee”), based on the square footage of impervious surface per lot, a
metric that is already recorded in the City’s GIS database for each lot in the City.
o The Fee will be billed to each property—whether tax-exempt or not—in quarterly
increments, in conjunction with water and sewer bills where applicable.
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
OFFICE OF THE CITY ATTORNEY
Aaron O. Lavine, City Attorney Telephone: 607/274-6504
Robert A. Sarachan, Assistant City Attorney Fax: 607/274-6507
Krin Flaherty, Assistant City Attorney
Jared Pittman, Assistant City Attorney
Jody Andrew, Executive Assistant
CA Item #3.3
2
•Proposed Stormwater Management User Fee Formula.
o The proposed formula uses as its starting point the concept of an Equivalent
Residential Unit (“ERU”), calculated as the average square footage of
impermeable surface on a residential lot. As calculated, 1 ERU = 2,300 sq. ft.
o The proposed formula entails three categories of properties:
Stormwater-Exempt Lots: those lots containing less than 0.25 ERU’s of
impermeable surface. Proposed Annualized Fee: $0.
Low Runoff Residential Lots: one-, two-, and three-family residences, all
assumed to contain 1 ERU. A lot’s eligibility will be determined by the
Property Type Classification Code assigned to it by the Tompkins County
Department of Assessment. These codes are established by the New York
State Office of Real Property Services. Proposed Annualized Fee: $48.
All Other Lots: this category is proposed for treatment in two sub-groups:
•Lots containing 0.25 – 1 ERU. Proposed Annualized Fee: $48.
•Lots containing in excess of 1 ERU. Proposed Annualized Fee:
$48 per ERU, assessed in 0.25 ERU increments (i.e., $12 for each
0.25 ERU or portion thereof).
Credits: The “Other Lots” formula could also reflect credits against Fees.
The Task Force expressed interest in #1, 4, 5, 8, and 9 on the attached list.
•Determination of Budget and Expenditure Eligibility.
o The proposed assessment formula is estimated to raise a total of approximately
$800,000 (+/- $50,000) per year, roughly equivalent to the existing budget.
o Tax-Exempt entities—not currently participating in the predominant funding
source for the City’s stormwater program— are anticipated to account for a
sizable chunk of the program budget, including an estimated $130,000 Fee from
Cornell. The City itself is estimated to be responsible for a $46,000 Fee. Large
commercial spaces would substantially contribute as well; current estimates
indicate a $12,000 Fee from Wegmans and a $15,500 Fee from Wal-Mart.
o Expenditure Eligibility: The Fees collected will only be eligible for expenditure
on any and all expenses deemed reasonably necessary to stormwater infrastructure
and management in the judgment of the Superintendent of Public Works, as
instructed from time to time by the Board of Public Works. A portion of the Fees
may be maintained in an emergency reserve for stormwater-related expenses.
o The anticipated legislation would preserve the right of the City (via Council,
BPW, or Planning & Development Board) to require construction, maintenance,
and repair of privately-maintained stormwater infrastructure at the cost of the
property owner as part of site plan review or other applicable regulation.
CA Item #3.3
4.Finance, Budget, and Appropriations
.1 IPD – Request to Amend 2014 Police Department Authorized Budget for Tactical Grant
WHEREAS the Ithaca Police Department received a federal grant with pass through to the NYS
Division of Homeland Security and Emergency Services in the amount of $100,000 for the
purpose of providing Tactical and SWAT training and equipment, and
WHEREAS, the $100,000 grant will include the following: Tactical Training, Tactical Robot,
Thermal Imaging, Chemical Suits, Self-Contained Breathing Apparatus and a Thermal Breaching
Unit; now, therefore be it
RESOLVED, That Common Council hereby accepts the Tactical Swat Grant from the NYS
Division of Homeland Security in the amount of $100,000 and amends the 2014 Ithaca Police
Department authorized budget as follows:
Increase Revenue Account:
A3120-4389-5022 Federal Aid SWAT $100,000
Increase Appropriation Accounts:
A3120-5125-5022 OT SWAT $20,500
A3120-5225-5022 Other Equipment SWAT $79,500
$100,000
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CA Item #4.1
CA Item #4.1
CA Item #4.1
CA Item # 4.1
4.Finance, Budget, and Appropriations
.2 DPW - Request Funding for Engineering Services Agreement for Amendment No. 1 for
Design of Bar Screen and Biosolids Dewatering Equipment and other miscellaneous
improvements to the Influent Building
WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital
Improvements, and
WHEREAS, GHD Engineers completed an Engineering Report entitled “Ithaca Area WWTF
Influent Building and Dewatering System Improvements Study” as the final project funded by
Capital Project 416J, and
WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan,
this agreement provides engineering services for the next set of proposed capital improvements,
and
WHEREAS, the authorization for an amount not to exceed $274,000 for GHD to design the
improvements to the Influent Building, including replacement of the bar screen equipment and the
addition of a new biosolids dewatering system as identified in the aforementioned engineering
study, and
WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with
GHD at its meeting of October 9, 2013 contingent on fund availability and attorney approval of the
agreement, and
WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project
419J, and
WHEREAS GHD has submitted a proposal entitled Amendment No. 1 for services to complete the
design including additional design work associated with HVAC in the influent building, provide
bid review services and provide construction services totaling $137,500; now, therefore be it
RESOLVED, that the Common Council hereby amends Capital Project 419J by an amount not to
exceed $137,500 for a total Project Authorization of $411,500 to fund the proposed agreement
with GHD Engineers, and be it further
RESOLVED, That funds necessary for said amendment shall be derived from either the issuance
of Bonds or from Capital Reserve J-1 as determined by the City Controller, and be it further
RESOLVED, That Common Council hereby recommends this project contingent upon action by
all wastewater partners committing their percentage of reimbursement shares to the Joint Activity
Fund allocated per the Joint Sewer Agreement as follows:
Municipality Percentage Project Cost
City of Ithaca 57.14 $78,567.50
Town of Ithaca 40.88 56,210.00
Town of Dryden 1.98 2,722.50
$ 137,500.00
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4. Finance, Budget, and Appropriations
.3 DPW – Request to Amend the 2014 DPW Budget for NYSEG Court Street Project Work
WHEREAS, New York State Electric and Gas (NYSEG) has reimbursed the City for street work
on North Plain, Esty and Court Streets and in the amount of $186,440, and
WHEREAS, we need to account for this reimbursement by amending the 2014 DPW Budget for
Maintenance of Roads, and
WHEREAS, the project included street, sidewalk, curb and tree lawn improvements on North
Plain, Esty and Court Street; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2014 DPW Authorized Budget for the
purposes of accounting for the NYSEG reimbursement of $186,440 for work on North Plain, Esty
and Court Streets as follows:
Increase Revenue Account:
A5111-1710 Maintenance $186,440
Increase Appropriation Accounts:
A5111-5483 Maintenance of Roads Construction Services $167,140
A7111-5485 Parks & Forestry Trees 19,300
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