HomeMy WebLinkAbout09-20-17 City Administration Committee Meeting AgendaIf 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 Meeting
City Administration Committee
DATE: September 20, 2017
TIME: 7:00 p.m.
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 of 15 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.
Approval of August 2017 Minutes
1.3 Statements from the Public No
1.4 Statements from Employees No
1.5 Council Response No
2. Consent Items Yes 5 Min
2.1 Approval of 2017-2018 Civil Service Agreement
2.2 IPD - Request to Amend 2017 Authorized Budget
for Grant
2.3 IFD – Amendment of 2017 Budget
3. Finance, Budget and Appropriations
3.1 W&S - Request to Establish a CP for Water Yes Erik Whitney, Asst. Supt. DPW 10 Min
and Sanitary Sewer Mains on Albany Street
3.2 Approval of 2016 City Single Audit Yes Steve Thayer, Controller 15 Min
(Report to be handed out at meeting)
3.3 Local Law to Override the Tax Levy Limit Yes Steve Thayer, Controller 5 Min
4. City Administration, Human Resources and Policy
4.1 Proposed Ordinance: Amend Chapter 181 Yes Tom Parsons, Chief 10 Min
“Fire Prevention”
4.2 Renewal of City’s Co-Sponsorship of the 2018 Yes Ari Lavine, Attorney 5 Min
Fourth of July Fireworks Event
5. Committees Working Group No
5.1 Application Process for Advisory Commissions No Ari Lavine, Attorney 15 Min
5.2 Common Council Rules of Procedure – Yes All 15 Min
Council Phone Access
6. 2018 Budget Reminder No All 5 min
7. Meeting Wrap-up All 5 Min
7.1 Announcements No
7.2 Next Meeting Date: October 18, 2017 No All 5 Min
7.3 Review Agenda Items for Next Meeting No
7.4 Adjourn Yes
8:50 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, inter-
governmental relations and human resources.
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2. Consent
.1 Approval of the 2017-2018 Civil Service Agreement with the Ithaca City School District
RESOLVED, That the Mayor and City Controller be authorized and directed to execute an
agreement between the City of Ithaca and the Ithaca City School District for performance by the
City for services in connection with Civil Service matters for the period July 1, 2017 to June 30,
2018, in an amount payable of $57,948 payable to the City of Ithaca on or before December 1,
2017.
AGREEMENT
THIS AGREEMENT made the day of , 2018, by and between the CITY OF
ITHACA, a municipal corporation of the State of New York, hereinafter referred to as the “City”,
party of the first part, and CITY SCHOOL DISTRICT, CITY OF ITHACA, a municipal
corporation of the State of New York, hereinafter referred to as the “School District”, party of the
second part.
WITNESSETH:
WHEREAS, the Board of Education of the School District desires to enter into a contract
with the City for the performance by the City of certain services, to avoid duplication and
unnecessary expense, particularly services in connection with Civil Service matters on behalf of
the School District, pursuant to Section 2503, subparagraph 16, of the New York Education Law,
and
WHEREAS, the total number of classified Civil Service employees on the payrolls of the
City and the City School District for the final payroll period in December 2016 was 866, and
WHEREAS, the actual annual expenditures for the Civil Service Commission of the City
of Ithaca for the 2016 fiscal year of the City was $105,649;
NOW, THEREFORE, the parties hereto agree as follows:
1. That for the services rendered and to be rendered by the City for the School District
during the School District fiscal year, which is July 1, 2017, through June 30, 2018,
the School District shall pay to the City a lump sum of $57,948, payable on or
before December 31, 2017.
2. In consideration of such payment, the City agrees:
(a) to furnish the School District the part-time services of the Civil Service
Commission of the City of Ithaca and the members of its staff, and the City
Clerk and the members of her staff; and
(b) to handle the records and perform any other necessary Civil Service services
relating to Board of Education employees in the classified service, including
examinations and tests when required.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by
their respective duly authorized officers as of the day and year first above written.
CITY OF ITHACA, NEW YORK
By: ________________________
Mayor
ATTEST:
________________________
City Clerk
CITY SCHOOL DISTRICT
CITY OF ITHACA, NEW YORK
By: ________________________
Assistant Superintendent of Business Services
ATTEST:
________________________
School District Clerk
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2. Consent
.2 IPD Request to Amend 2017 Authorized Budget for Grant
WHEREAS, the City of Ithaca Police Department recently received a Grant in the amount of
$10,000 from an anonymous donor for a heated concrete floor and insulated exterior wall at the
Police Department training range; now therefore, be it
RESOLVED, That Common Council hereby accepts the anonymous Grant for said
improvements to the Police Department Training Range and amends the 2017 Authorized Police
Department Budget as follows:
Increase Revenue Account
A3120-2705-5017 $10,000
Increase Appropriation Account
A3120-5475-5017 $10,000
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2. Consent
.3 IFD – Amendment to 2017 Budget
WHEREAS, on September 8, 2017, the Ithaca Fire Department was notified that it had received
a FEMA Assistance Firefighters Grant to purchase and install two (2) new protective gear
washers, and
WHEREAS, the budgeted amount to purchase and install two protective gear washers is
$24,900, and
WHEREAS, up to $22,637 for the purchase and installation of two (2) protective gear washers is
funded through the Assistance to Firefighters Grant Program, and
WHEREAS, ten percent (10%) of the of the total costs to purchase and install two (2) protective gear
washers is estimated at two thousand two hundred sixty-three dollars ($2263), will be paid from the
2017 fire department operating budget; now therefore, be it
RESOLVED, That Common Council hereby amends the 2017 Fire Department Budget as
follows:
Increase Expenses:
A3410-225 Equipment $ 22,637
Increase Revenues:
A3410-2770 Unclassified Revenue $22,637
To: Common Council
From: Tom Parsons, Fire Chief
cc: Svante Myrick, Mayor
Date: 9/8/2017
Re: Amendment to the 2017 Fire Department Budget
On September 7th, 2017, the Ithaca Fire Department was awarded an Assistance to Firefighters
Grant from the Federal Emergency Management Agency for the purchase and installation of two
new protective gear washers. The estimated cost for the purchase and installation of the
equipment is $24,900, which the AFG Award will fund up to $22,637.
These specialized gear washers are used to clean the chemical contamination that is absorbed
into a firefighter’s turnout gear during a fire. The chemicals that are produced by the combustion
of common materials found in homes and businesses are toxic and carcenogenic. It is important
that a firefighter’s protective clothing be cleaned after every fire. These new gear washers are
designed to maximize the cleaning process, while not causing excessive forces to damage the
gear. One of the gear washers will be used to clean the inner part of the two-piece turnout gear,
and the second gear washer will be used to clean the outer and more contaminated part of the
turnout gear. The department is currently using a 20 year old commercial clothing washer to
clean both the inner and outer parts of the firefighter’s protective clothing.
The resolution adjusts the 2017 budget to show the grant funding as revenue and adds the
purchase and installation of the gear washers as an expense in the operating budget. Ten percent
of the total cost for the compressor is being funded out of the 2017 Fire Department Operating
Budget.
3. Finance, Budget and Appropriations
.1 W&S - Request to Establish a Capital Project Water and Sanitary Sewer Mains on
Albany Street
WHEREAS, the City’s watermain in the 100 block of South Albany Street and in the 100 and
200 blocks of North Albany Street is 126 years old, originally constructed in 1891, and the City’s
sewermain in the 200 block of North Albany Street is 121 years old, originally constructed in
1896, and
WHEREAS, the City’s street in the100 block of South Albany Street and in the 100 and 200
blocks of North Albany Street is funded and scheduled for a full depth rebuild in 2018, and
WHEREAS, it was necessary to replace the old water and sewer infrastructure before rebuilding
the road above, and
WHEREAS, the Water & Sewer Division of the City’s DPW had only a small window of
opportunity to perform the work, and the work has already been engaged, and
WHEREAS, City Department of Public Works Water & Sewer Division staff have estimated the
maximum cost for replacement to be $402,000, allocated $298,750 for water and $103,250 for
sewer, and
WHEREAS, City Department of Public Works Water & Sewer Division staff estimates our
Crews will complete this work in the time frame from September 2017 to October 2017; now
therefore, be it
RESOLVED, That Common Council hereby establishes Capital Project #537 Albany Street
Water Main in the amount of $298,750 and Capital Project # 634 Albany Street Sewer Main in
the amount of $103,250, with total funding not to exceed $402,000 to fund the construction for
the replacement of the Watermain in the 100 block of South Albany Street and in the 100 and
200 blocks of North Albany Street and the Sanitary Sewermain on the 200 block of North
Albany Street; and be it further
RESOLVED, Funds needed for said project shall be derived from the advance of Water and
Sewer operating funds with the later repayment from the issuance of Serial Bonds.
100 Blocks N & S + 200 Block of Albany Street Water & Sewer Replacement
Project Time Estimate by Erik Whitney, 6/29/17
Duration
#Work Location (Days)Notes:
1 Install 975-LF of 8-Inch CL 52 DIP Water 100 Block South - 200 Block North 16
2 Install (1) 4"X4"X4" TS&V + 4"x 8" Reducer Intersection Green Street 2
3 Install 8" Cross & (4) 8" GV Intersection State Street 2
4 Install 8" Cross & (4) 8" GV Intersection Seneca Street 2
5 Install (1) 6"X6"X6" TS&V + 6"x 8" Reducer Intersection Buffalo Street 2
6 Install (3) 6-inch lines & Fire Hydrants 100 Block South - 200 Block North 4
7 Water Main Disinfection/Pressure Testing/Bacteria Test 100 Block South - 200 Block North 4
8 Install/Connect to New Water Main 11-Existing Water Services 100 Block South - 200 Block North 7
9 Install 333-LF 8-inch SDR 35 PVC Sewer 200 Block North 5
10 Install/Connect to New Sewer Main 4-Existing Sewer Laterals 200 Block North 2
Total Estimated Work Time=46 9 work weeks total
TS&V = Tapping Sleeve & Valve
GV = Gate Valve
DIP = Ductile Iron Pipe
LF = linear feet
Cost Estimate Unit Subtotal
Quantity Cost Cost Includes
Item $$Work #'s
Replace Water 975 LF 250.00$ 243,750.00$ 1,2,3,4,5,6,7
Replace Water Services 11 EA 5,000.00$ 55,000.00$ 8
Replace Sanitary Sewer 333 LF 250.00$ 83,250.00$ 9
Replace Sewer Services 4 EA 5,000.00$ 20,000.00$ 10
Total =402,000.00$
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3. Finance, Budget and Appropriations
2. Approval of 2016 City Single Audit
RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2016 through
December 31, 2016, prepared by the accounting firm of Insero & Company CPA’s LLP, be
accepted to comply with all the City’s applicable Government Accounting Standards Board
(GSB) Statement 34 and other related audit and single-audit requirements.
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3. Finance, Budget and Appropriations
3. Common Council – A Local Law to Override The Tax Levy Limit Established in
General Municipal Law
Local Law No. _____ - 2017
BE IT ENACTED by Common Council of the City of Ithaca as follows:
Section 1. Legislative Intent
It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year
commencing January 1, 2018, that requires a real property tax levy in excess of the “tax levy
limit” as defined by General Municipal law §3-c.
Section 2. Authority
This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which
expressly authorizes a local government’s governing body to override the property tax cap for
the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%)
of said governing body.
Section 3. Tax Levy Limit Override
The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby
authorized to adopt a budget for the fiscal year commencing January 1, 2018, that requires a real
property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c.
Section 4. Severability
If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision,
or part of this local law or application thereof to any person, firm or corporation, or circumstance
is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate
the remainder of this local law, but shall be confined in its operation to the clause, sentence,
paragraph, subdivision, or part of this local law or in its application to the person, individual,
firm or corporation or circumstance, directly involved in the controversy in which such judgment
or order shall be rendered.
Section 5. Effective Date
This local law shall take effect immediately upon filing with the Secretary of State.
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4. City Administration, Human Resources and Policy
.1 Proposed Ordinance: Amend Appeal and Variance Sections contained in Chapter 181
“Fire Prevention”
ORDINANCE NO. 2017-
An Ordinance Amending Chapter 181 of the City of Ithaca Municipal Code
Whereas, in September 2017, Common Council enacted fire and safety regulations pertaining to
mobile food vending operations within the City, and
Whereas, in the process of developing such fire and safety rules for mobile food vending, the
appeal and variance sections of Chapter 181 “Fire Prevention” require updates, now it be,
BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows:
Section 1. Findings of Fact. The Common Council finds that:
1. Chapter 181 refers to appeals the “Board of Fire Appeals”, which does not currently exist.
2. This ordinance will clarify that variances from and appeals of City Fire Prevention
provisions may be brought to the Building Code Board of Appeals, established in Chapter
146 of the City Code to decide appeals and requests for variances related to safety and fire
regulations.
Section 2. Delete in its entirety Section 181-11 “Board of Fire Appeals.”
A. The Board of Fire Appeals shall be appointed by the Mayor with the consent of the
Common Council and shall be composed of five members who shall be selected on the basis of
their interest in fire prevention. The Mayor may appoint not more than one Council member and
one Fire Commissioner to serve on this Board.
B. This subsection shall apply only to those elements of this chapter that are not addressed
or otherwise covered by the New York State Uniform Fire Prevention and Building Code.
Whenever the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating
permit applied for, or when the Chief of the Fire Department or the Fire Marshal shall revoke a
duly granted permit for alleged violation of the provisions of this chapter and/or the terms on
which the permit was granted, or when it is claimed that the provisions of the code do not apply
or that the true intent and meaning of the code may have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision of the Chief of the Fire Department or
the Fire Marshal to the Board of Fire Appeals within 30 days from the date of the decision. The
Board of Fire Appeals may affirm, modify or reverse any determination of the Chief of the Fire
Department or the Fire Marshal made pursuant to the provisions of this chapter.
Section 3. Section 181-12(B) is hereby amended as follows:
B. This subsection shall apply only to those elements of this chapter that are not addressed or
otherwise covered by the New York State Uniform Fire Prevention and Building Code. Whenever
the Chief of the Fire Department or the Fire Marshal shall refuse to grant an operating permit
applied for or when the Chief of the Fire Department or the Fire Marshal shall revoke a duly
granted permit for alleged violation of the provisions of this chapter and/or the terms on
which the permit was granted or when it is claimed that the provisions of the code do not apply
or that the true intent and meaning of the code may have been misconstrued or wrongly interpreted,
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the applicant may appeal from the decision of the Chief of the Fire Department or the Fire Marshal
to the Board of Appeals on Building Code Fire Appeals Board within 30 days from the date of
the decision. The Board of Appeals on Building Code Fire Appeals Board may affirm, modify
or reverse any determination of the Chief of the Fire Department or the Fire Marshal made pursuant
to the provisions of this chapter.
Section 4. Severability. Severability is intended throughout and within the provisions of this
Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is
held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall
not affect the validity of the remaining portions of this Ordinance.
Section 5. Effective Date. This ordinance shall take effect on the later of (i) October 4, 2017 and
(ii) publication of notice as provided in the Ithaca City Charter.
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4. City Administration, Human Resources and Policy
.2 Renewal of City’s Co-Sponsorship with the Rotary Club of Ithaca of the 2018 Fourth of
July Fireworks Event
WHEREAS, the City wishes to continue the tradition of hosting fireworks in Stewart Park for the
community to enjoy and celebrate the Fourth of July, and
WHEREAS, 2017 was the first year of the Rotary Club and City co-sponsorship of the July 4th
fireworks event in Stewart and Cass Parks, and
WHEREAS, City staff and Rotary Club representatives wish to renew the agreement between the
parties in which the City provided traditional municipal services and the Rotary Club provided
all planning and funding for the fireworks and services not otherwise provided by the City, and
WHEREAS, as co-sponsor of the fireworks event, the Rotary Club of Ithaca commits to funding
the cost of fireworks, concessions, vendors, entertainment, traffic and safety measures and
sanitary amenities, and
WHEREAS, as co-sponsor of the fireworks display event, the City would not be responsible for
making payment or additional costs, but commits to contracting for, but not payment, the
fireworks display and providing City insurance coverage, equipment, facilities and staff time of
the Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and
any other relevant City department to support the event at no cost to the Rotary Club; now
therefore, be it
RESOLVED, That Common Council supports the City’s co-sponsorship of the fireworks event
in July 2018 and authorizes the City to provide in kind services at no charge to service the event,
and be it further
RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a
renewal memorandum of understanding with the Rotary Club to co-sponsor the event and
memorialize the roles and responsibilities with respect to the fireworks event.
ROTARY CLUB OF ITHACA AND CITY OF ITHACA
MEMORANDUM OF UNDERSTANDING
THIS AGREEMENT, among:
• The CITY OF ITHACA, a municipal corporation in the State of New York, with offices at 108 E.
Green Street, Ithaca, New York 14850, hereinafter the “City,”
• ROTARY CLUB OF ITHACA, constituting a constituent member club of Rotary International of
Evanston, Illinois with a mailing address for purposes of this agreement of c/o Dale Johnson, 391
Teton Ct, Ithaca, New York 14850, hereinafter “Rotary Club,”
WITNESSETH THAT:
WHEREAS, the CITY wishes to continue its tradition of hosting fireworks in Stewart Park for the
community to enjoy and celebrate the Fourth of July; and
WHEREAS, the Rotary Club has expressed interest in developing the fireworks into an annual event in
Stewart and Cass Parks; therefore
IN CONSIDERATION OF the promises, covenants and agreements contained herein, the parties hereby
agree as follows:
1. By executing this agreement the parties intend to affirm the public/private partnership between
the City and Rotary Club to co-sponsor a Fourth of July fireworks celebration in Stewart and
Cass Parks (hereinafter, the “Event”), and to provide structure and process to define how the
parties will work together to co-sponsor the Event.
2. The parties acknowledge and understand that, as owner of Stewart and Cass Parks, all decisions
concerning the Event are subject to the City’s approval process. Accordingly, the Rotary Club
shall submit proposed Event details in the format of the City’s Special Events application and in
accordance with City Code Section 132-7.
3. Responsibilities of the parties:
a. Rotary Club agrees to plan, subject to the City’s approval, and finance all aspects of the
Event, including payment for the fireworks and other concessions, vendors,
entertainment, traffic and safety measures and sanitary amenities.
b. Notwithstanding the Rotary Club’s financial responsibility for the Event, the City agrees
to assist the Rotary Club with Event details that overlap with municipal functions. The
City shall be responsible for contracting, but not payment, for the fireworks display.
4. In its role as planner of the Event, the Rotary Club shall organize and coordinate all proposed
vendors, entertainment, and other public safety, sanitary or convenience provisions subject to
City review and approval of the Special Event plan.
5. The City shall process the application as other Special Events; however, as co-sponsor of the
Event, the City shall provide assistance with any services regularly performed as a municipal
function. These services shall include contributing the equipment, facilities and staff time of the
Ithaca Police Department, Fire Department, Department of Public Works, Youth Bureau, and
any other relevant City department at no cost to the Rotary Club. The parties recognize that City
overtime assignments are voluntary and dependent on individual employee’s signing up for
overtime. The parties agree that additional non-City staffing may be required for the Event, and
Rotary shall be responsible for the cost of any additional non-City staffing. The City’s
contributions and other safety, security, and sanitary measures required and provided by the
Rotary Club will be developed by the parties through the Special Events Process.
6. In planning the Event, the parties anticipate up to 10,000 attendees in varying locations. In
addition to fireworks, the parties endeavor to organize an event that includes live entertainment,
food and refreshment and other vendors. The Event will require provisions for parking and traffic
control, lighting, restroom facilities for the public, security detail, and post-event clean up. For
purposes of providing sanitary facilities, the parties presume that the Event will be attended by
5,000 participants. The parties agree to meet regularly to discuss and coordinate aspects of the
Event.
7. To the extent that any proposed feature of the Event requires support from functions performed
by the City and its departments, the City shall provide such support without requiring
reimbursement from the Rotary Club.
8. The Rotary Club agrees to staff the Event with volunteers. Additionally, the Rotary Club agrees
to contract for and finance all aspects of the Event not otherwise provided by the City under this
Agreement, and as further defined in the approved Event Plan. Notwithstanding the foregoing,
the parties agree that the City shall contract with the fireworks display company, provide
insurance, and coordinate fire services for the fireworks display; however, Rotary Club shall be
responsible for transferring funds to the City to provide for timely payment to the fireworks
display company.
9. The Rotary Club plans to fundraise for purposes of financing the Event. Such fundraising may
also include grant funding. The Rotary Club agrees that it shall discuss with the City any grant
application (and the conditions associated therewith) it proposes to make, substantially in
advance of—and in no event less than seven days prior to—the submission of such application.
If the City objects to any of the conditions that would be associated with such grant, it shall so
inform the Rotary Club, in order to avoid a situation where the parties are unable to comply with
the grant conditions. In advance of submitting the grant application, the parties shall determine
which party will be responsible for receiving the grant funds, reporting requirements, voucher
submissions, and any other requirements of the grant.
10. Either party may terminate this Agreement upon giving the other party 90 days' prior written
notice of such termination.
11. This is the entire agreement between the parties. It replaces and supersedes any and all oral
agreements between the parties, as well as any prior writings. Modifications and amendments to
this agreement, including any exhibit or appendix, shall be enforceable only if they are in writing
and are signed by authorized representatives of both parties.
12. This Agreement shall be governed under the Charter and Municipal Code of the City of Ithaca
and the laws of the State of New York without regard to, or the application of New York State’s
choice of law provisions. The parties further agree that the Supreme Court of the State of New
York, held in and for the County of Tompkins shall be the forum to resolve disputes arising out
of either this agreement or work performed according thereto, and the parties consent to the
jurisdiction of such court.
13. For the purpose of providing any notice required pursuant to this Agreement, the contact persons
for each party shall be as follows, unless modified by any party, pursuant to written notices
thereof provided to the other parties:
- For the CITY OF ITHACA:
Julie Holcomb, City Clerk AND City Attorney
108 E. Green Street 108 E. Green Street
Ithaca, NY 14850 Ithaca, NY 14850
(607) 274-6570 (607) 274-6504
jholcomb@cityofithaca.org attorney@cityofithaca.org
- For the ROTARY CLUB OF ITHACA:
Dale Johnson AND Jim Johnston
391 Teton Court 109 East Lake Road
Ithaca, New York 14850 Ithaca, New York 14850
(607) 272-0212 (607) 272-7565 / (607) 351-0936
djohnson@hospicare.org jimj14850@gmail.com
14. This agreement is subject to the Laws of New York.
15. This Agreement may be executed in two or more counterparts, each of which shall be deemed an
original and all of which, taken as a whole, shall constitute one and the same Agreement.
IN WITNESS WHEREOF, the Parties have caused this MOU to be signed on the day and year indicated
below.
SIGNED:
CITY OF ITHACA
By: ______________________________________ Date: ________________________
Print Name: ________________________________
Title: _____________________________________
ROTARY CLUB
By: ______________________________________ By:_______________________________
Dale Johnson Jim Johnston
Title: ____________________________________ Title:______________________________
Date: _________________________ Date: _________________________
Common Council Rules of Procedure – Revised July 2, 2014
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 July 2, 2014
2
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
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11. New Business
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 Council
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
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permitted to speak for seven minutes. All persons represented by such a
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
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a proposed local law that was submitted to the City Clerk by that
individual Council member at least seven calendar days (excluding
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,
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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
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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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.
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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
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 of
the 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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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. A Communications between Council Members and Staff
XIA - 1. 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.
XIA - 2. 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.
XIA - 3. 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.
B Use of Council letterhead
XIB – 1 The primary use of Common Council letterhead stationery is to
communicate official Council positions on matter of public concern. These
positions may be communicated by members of Council designated to speak for
the whole when a majority of Council members have consented.
XIB – 2- A secondary use of Common Council letterhead stationery is to allow
individual Council members to express views regarding matters of official City
business. In these instances it shall be clear that that the opinion expressed by
the Council member is that member’s opinion only and may not be the official
opinion of the City or Council as a body.
XIB - 2 – a - When expressing her/his own position on City letterhead, a
Council member shall use letterhead designating her/his office, e.g. “Ezra
Ithacan, Sixth Ward Alderperson, Common Council, City of Ithaca.” This
personal letterhead may also be used, for example, for letters of
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reference or recommendation if the Alderperson, in her/his capacity as a
City official, has known the subject.
XIB – 2 – b - When two or more Council members collaborate to express
a view not officially advocated by the majority of Council, those
Alderpersons may electronically design their own joint letterhead
indicating their names and offices, or use Council letterhead, but in either
case shall explicitly state in the letter that their view is not that of the
majority or the official view.
XIB – 3 – Council members shall not use City letterhead stationery or the
City logo for their private correspondence or on behalf of private
individuals or organizations. Correspondence on letterhead should never
give the appearance of using the office of Alderperson for personal gain
or influence.
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
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
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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.
Common Council Rules of Procedures
Proposed changes – September 2017
X. Amendment and Suspension of the Rules
- no changes
XI. Communications between Council Members and staff
CHANGE TO “Communication and correspondence with Council Members
XIA Communications between Council Members and staff
XIA-1 no change
XIA-2 no change
XIA-3 no change
XIB. Use of Council letterhead
No change
ADD
XIC. Access by telephone. Every Alderperson shall maintain and publicize a local
telephone number such that members of the public can reach him/her by telephone
without incurring long-distance fees.