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HomeMy WebLinkAboutMN-CC-2012-01-04Regular Meeting PRESENT: Mayor Myrick Alderpersons (10) COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK 6:00 p.m. January 4, 2012 Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Rooker, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk — Conley Holcomb City Attorney — Lavine Deputy City Controller — Andrew Human Resources Director — Michell -Nunn PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. ADDITIONS TO OR DELETIONS FROM THE AGENDA: City Administration Committee: Alderperson Clairborne requested that Item 10.1 be removed from the City Administration Committee agenda and be moved to either New Business or Individual Member Filed Resolution as the Item did not go through the City Administration Committee for consideration. Alderperson Rooker volunteered to sponsor the Item as an Individual Member Filed Resolution. No Common Council member objected. SPECIAL ORDER OF BUSINESS: Change of Meeting Date for July 4, 2012 Common Council Meeting Mayor Myrick explained that the regularly scheduled Common Council meeting in July falls on the Independence Day holiday. Discussion followed on the floor regarding alternative meeting dates and it was determined that the July, 2012 Common Council meeting would be held on Monday, July 2, 2012 at 6:00 p.m. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: The following people addressed Common Council: Qadira P. Garger, City of Ithaca — need for stoplight at Elm Street at West Village driveway; hydraulic fracturing concerns in Ithaca and Tompkins County Neha Khanna, City of Ithaca — Urban density and its impact on existing residential neighborhoods Joe McMahon, City of Ithaca — Overview of the City's natural areas and the work of the Natural Areas Commission Joanne Trutko, City of Ithaca — Cornell University's Administrative Steamlining Program John Graves, City of Ithaca — President of the South Hill Civic Association — Ithaca's commitment to long-term sustainability; Emerson site clean-up David Gower, Cortland — Development of Emerson site; clean energy technology Marian Rogers, City of Ithaca — Development of comprehensive plan; transparency, citizen participation, and accessibility of information about meetings for the public Joel Harlan, Town of Newfield — economic development projects; Occupy Ithaca Jennie Stein, City of Ithaca — Local Law in Cayuga Heights regarding deer population; she requested City intervention requiring information on times & dates when weapons would be used as a public safety measure. January 4, 2012 Fay Gougakis, City of Ithaca — Hydrofracking — would like a complete ban in the City; Water Plant; Sustainability issues; use of cell phones; head shops on the Commons; Ithaca Journal story chat move to Facebook PRIVILEGE OF THE FLOOR — COMMON COUNCIL AND THE MAYOR: Alderperson McCollister responded to comments made about urban density and the City's comprehensive plan efforts stating that density can be great but it isn't appropriate in all locations. She further thanked the Natural Areas Commission for the work they do and agreed that many of the behaviors happening in the natural areas are out of control and need to be addressed. Alderperson Murtagh thanked Ms. Khanna for coming to the meeting and speaking about the impact that the McGraw House development is having on her neighborhood. He noted that he is very familiar with the issue and can attest to the noise levels of the air conditioning units. He stated that further steps need to be taken on this issue. Alderperson Kerslick noted that three members of Common Council are serving on the Comprehensive Plan Committee and they are working on setting up neighborhood meetings for the public to provide feedback. He further agreed with comments made about the City's website and the need to improve accessibility to information. Alderperson Mohlenhoff responded to comments made about Cornell's Administrative Streamlining Program. She explained that she is one of two Common Council members who are City representatives on the City/Cornell Working Committee and she would add this issue to the agenda of the next meeting as she is interested in pursuing the "buy local" opportunities. She further reported that a new Common Council Standing Committee is being formed to address issues such as transparency in government, public information, and citizen engagement. Alderperson Dotson thanked all of the speakers. She stated that the Planning Committee would be discussing their priorities for the upcoming year at the next meeting. She further volunteered to help arrange the South Hill neighborhood meeting to discuss the comprehensive plan. Alderperson Brock thanked the speakers for sharing their thoughts on these important issues. She responded to comments made about the need for a stop light at the TCAT bus shelter on Elm Street at the West Village Apartments driveway, noting that Alderperson Dotson serves on the TCAT Board. Alderperson Proulx responded to comments made about the Cornell Administrative Streamlining Program. He spoke about the need to diversify the economic development strategy and the housing strategy, noting the differences between commercial density vs. residential density. Alderperson Clairborne thanked the speakers. He responded to comments made about the situation in Cayuga Heights and the concern about discharging firearms in close proximity to City neighborhoods. He noted that the weekend of January 14-15, 2012 would be full of Dr. Martin Luther King, Jr. celebrations including the annual breakfast. He further noted that the No More Tears organization would be hosting their Observance of the Three Kings celebration on Friday, January 6, 2012 from 5-8 pm at the Southside Community Center. Mayor Myrick stated that it was wonderful that so many people came out to the meeting from all areas of the City to speak about many different topics, noting that it was great to get a forecast of the issues that will be addressed in the year ahead. He stated that he would be sending information out shortly on a new committee structure which will include the Planning and Economic Development Committee being Chaired by Alderperson Dotson, the City Administration Committee being Chaired by Alderperson Clairborne, and the Government Performance & Accountability Committee being Chaired by Alderperson Mohlenhoff. 61 January 4, 2012 CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne RESOLVED, That, pursuant to Section C-113 of the City Charter, the Ithaca Journal be and is hereby designated as the official newspaper of the City of Ithaca for the year 2012. Carried Unanimously 8.2 Finance/Controller - Collateral to Secure Deaosits - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborney RESOLVED, That the collateral deposited by the Tompkins Trust Company, JP Morgan Chase and M & T Bank as reported, be approved as to form and sufficiency. Carried Unanimously 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne RESOLVED, That pursuant to Section 11 of the Public Officers Law, the following Bond, which is on file in the Office of the City Clerk, be, and is hereby approved in all respects for the year 2012. Faithful Performance Blanket Bond Coverage $250,000 National Grange Mutual Insurance Co. Carried Unanimously 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne RESOLVED, That the regular meetings of the Common Council, for the year 2012, be held at 6:00 P.M., on the first Wednesday of each month, in the Common Council Chambers, at City Hall, 108 East Green Street, Ithaca, New York, unless otherwise determined by Common Council. Carried Unanimously 8.5 Finance/Controller - Designation of Official Depositories - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne RESOLVED, That pursuant to Section C-34 of the City Charter, the Tompkins Trust Company, the Fleet Bank, the JP Morgan Chase Bank and the M & T Bank be, and they are, hereby designated as the official depositories of all City Funds for the year 2012. Carried Unanimously 8.6 Common Council - Approval of 2012 Travel Policy - Resolution By Alderperson Mohlenhoff: Seconded by Alderperson Clairborne WHEREAS, there is to be held during the coming official year a) the New York State Conference of Mayors Annual Meeting and Training School; b) the New York State Conference of Mayors and Fall Training School for Fiscal Officers and Municipal Clerks, and other national and regional conferences as applicable, and WHEREAS, it is determined by the Mayor and Common Council that attendance by certain municipal officials and City employees at one or more of these meetings, conferences or schools benefits the municipality; now, therefore, be it RESOLVED, That Common Council, the Mayor and City employees are hereby authorized to attend said conferences or other applicable training events during 2012, and be it further RESOLVED, That the cost for all events must be derived from existing 2012 Departmental Budgets with appropriate approvals obtained as applicable, and be it further RESOLVED, That this resolution shall take effect immediately. Carried Unanimously 0 January 4, 2012 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: There were no items submitted for the agenda CITY ADMINISTRATION COMMITTEE: 10.2 A Local Law to Amend Section C-26 of the City of Ithaca Charter, Section 4- 23.2, and Sections 90-48 — 90-53 of the City of Ithaca Municipal Code regarding the Appointment Process for Department Heads By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff Local Law 2012 - BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section C-26 of the City of Ithaca Charter entitled "Appointment of Officers" is hereby repealed: .. . r Section 2. Section 4-23.2 of the City of Ithaca Municipal Code entitled "Appointment Procedure" for the GIAC Director is hereby repealed and will be "Reserved" for future use: W �Wi �/�.^.T�::1'.T_�'!'1.���.T.T.T.1:t�T.'R1:T11l1�R�7T.' ■:l�l�T.1^1^.T�:t�T1�T�I■ January 4, 2012 ... .. .. .. �� .. ►� - .. GGRGeFRmRg hiFiRg pFaGtmGeS .. FrA ►� - - _ .. . r • . _ . .. . • MY ' J' ■.. ►v - 14 January 4, 2012 ..... ■_. Section 4-23.2 Reserved Section 3. A new Section C-26 of the City of Ithaca Charter entitled "Appointment of Department Heads" is hereby added as follows: 4C-26. Appointment of Department Heads A. Those department heads of the City listed in §C-5.C(4) of the Charter shall be appointed in accordance with the search process established in this section. B. Recruitment for vacant department head positions shall be conducted in accordance with current recruitment procedures and policies, including the Workforce Diversity Plan. C. A search committee for the vacant department head position shall be established by the Mayor, and shall comprise the following individuals: 1. Three (3) members of the Common Council, to be selected by the Common Council. If there is a lay board or commission that oversees the department in which the vacancy exists, the Council liaison to that board or commission shall be one of these three search committee members; 2. Three (3) members of appropriate lay boards or commissions, to be selected by those boards or commissions; a. The Mayor shall designate the appropriate lay boards or commissions. b. In liaht of the historical and contractual relationship between the Cit and the Board of Directors of the Greater Ithaca Activities Center, Inc., three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., shall fulfill this role on the search committee for the Greater Ithaca Activities Center Director. c. In the absence of appropriate lay boards or commissions, the Mayor may appoint three other appropriate individuals, which could include a member or members of City staff, to fulfill this role. 3. One person with professional experience in the mob area at issue, to be appointed by the Mayor; 4. Except when the appointment is to the position of Director of Human Resources, the Director of Human Resources, as a non -voting member. The Director of Human Resources shall facilitate the search process. January 4, 2012 5. A representative of the Workforce Diversity Advisory Committee, to be selected by the Workforce Diversity Advisory Committee, as a non -voting member. 6. Other non -voting members as the Mayor deems necessary and appoints. D. The search committee shall follow and comply with all current interviewing and selection policies and procedures, as well as all local, state and federal laws, rules and regulations concerning hiring practices and procedures. E. Following candidate interviews and related selection processes, the search committee shall select a minimum of two (2) candidates as finalists, and shall forward their names in rank order to the Mayor for consideration. F. The Mayor shall either make a selection from the candidates who were forwarded by the search committee or request that the search be reopened, if appropriate. G. Following the selection of a candidate, the Mayor shall forward the candidate's name and proposed salary to Common Council for consideration. An appointment made pursuant to this section shall be deemed to be made upon approval by a majority vote of Common Council. H. An appointment made pursuant to this section shall be for an indefinite term. Upon request of the Mayor, and with the affirmative vote of 2/3 of the Common Council exclusive of the Mayor, this search committee procedure may be waived and the Mayor may make an appointment directly, with the approval of Common Council by a majority vote. For the position of Greater Ithaca Activities Center Director, the affirmative vote of 2/3 of the Board of Directors of the Greater Ithaca Activities Center, Inc. shall also be required to waive this search committee procedure and to approve the direct appointment. Section 4. Article VII (Sections 90-48 through 90-53), entitled `Recruitment and Selection Procedure for Department Heads and Managerial Personnel" of Chapter 90 entitled "Personnel" of the City of Ithaca Municipal Code is hereby repealed, and will be "Reserved" for future use: 1� Me- ■ �- January 4, 2012 .. . .. .. - - - - �_ �_ ■_. r. .. .. . r .. r . .. .. . .. . . F �•� . 4 ..... .. .. . i�R I..�..�.ilR�-,�a\A�1\\�I. ��J ��1��.��\��l .•�Z-�� I��i.•-l..�A'�'L-I\ 1 - r (!)_If a decisiOR tO readvertise is made, it shall be made iR GORSU!tatffieR with the Mayor. 11 . . January 4, 2012 - • - _ ■ _ r . .. .._ a e- 01, tell- INPella .. - . -:11. ---9111. .. ... . ._ - _ ■ _ . r . _ . I CI 1, �� •�.� � r:A%:7:5::�1 ��fi �. .�}..� f G'r.':Ts::r� 1�l Gt!/T!, :L1 � ■:T.�tE�: Trv.T.T'7.T.�.1.�R:Tl1 - r • . - 1 I - 11 - - 1 January 4, 2012 Chanter 90. Article VI — Reserved. Section 5. Severability. Severability is intended throughout and within the provisions of this local law. If any section, subsection, sentence, clause, phrase or portion of this local law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 6. Effective Date. This Local Law shall take effect after it is filed in the office of the Secretary of State. Alderperson Brock noted that the GIAC Board reviewed this law very closely as it relates to the hiring of the GIAC Director. She thanked the Charter & Code Working Group and the City Administration Committee for working so closely with the GIAC Board on this issue. Alderpersons Brock, Murtagh, Clairborne, and Mayor Myrick disclosed that they all serve on the GIAC Board. A vote on the Local Law resulted as follows: Carried Unanimously 10.3 City Controller's Report Deputy City Controller Andrew deferred the Controller's report to the February meeting. NEW BUSINESS: 12.1 Request of Downtown Ithaca Alliance to Permit Wine and Hard Cider Tasting and Sale of Bottled Wine and Hard Cider at the Winter Festival/ Chili Cook -Off on the Commons — Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale of bottled wine and bottled hard cider and to permit tasting of wines and hard cider at booths during the Winter Festival/Chili Cook -Off, February 18, 2012 on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sale or tasting of bottled wine and bottled hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously INDIVIDUAL MEMBER — FILED RESOLUTIONS: 10.1 Appointment of City Attorney Amendment to Personnel Roster — Resolution By Alderperson Rooker: Seconded by Alderperson McCollister WHEREAS, Mayor Svante Myrick has appointed Aaron Lavine as the City Attorney, and WHEREAS, the City Attorney position is an at will position and therefore, does not require Common Council approval unless there is a need to adjust the roster or budget for the appointment, and iN January 4, 2012 WHEREAS, the City Attorney position is currently a part-time position and Mr. Lavine desires to work on a full-time basis; now, therefore be it RESOLVED, That effective January 1, 2012, Common Council hereby amends the City Attorney Personnel Roster as follows: Delete: One (1) Thirty-two (32) hour City Attorney Add: One (1) Forty (40) hour City Attorney and be it further RESOLVED, That the City Attorney position be assigned a 2012 salary of $86,486 and will follow the current benefit package approved for managerial staff, and be it further RESOLVED, That the 2012 Authorized Budget will require an amendment of $15,115 to account for the increased salary, and be it further RESOLVED, That Common Council hereby amends the 2012 Authorized Budget to account for said appointment as follows: -Transfer $5,000 from A1420-5435 — Attorney Contracts to Account A1420-5105 Attorney Administration Salary Transfer $10,115 from Account A1990-5000 Unrestricted Contingency to Account A1420-5105 Attorney Administration Salary Alderperson Dotson thanked Mayor Myrick for sharing more background information on the City Attorney to Council, noting that in a difficult budget year all changes need to be considered seriously. Mayor Myrick apologized for not getting more information out with the agenda but the timeframe came during the transition of mayoral administrations and the holidays. He explained by he felt a full-time City Attorney would benefit the City and discussed the salary conversations that were held between him and the Human Resources Director. A question and answer period followed on the floor regarding whether these figures included benefits, the use of outside counsel, the fact that this action is occurring outside of the budget process, and how the salary figure was derived. Amending Resolution: By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That the third Whereas clause be amended to read as follows: "WHEREAS, the City Attorney position is currently a part-time position, but with the hiring of a new City Attorney, Council believes that it is in the best interest of the City to return the position to full-time; now, therefore be it " Carried Unanimously Further discussion followed on the floor regarding the funding sources for the position including the use of unrestricted contingency funds. Main Motion As Amended A vote on the Main Motion as Amended resulted as follows: Ayes (8) Brock, Murtagh, McCollister, Fleming, Rooker, Kerslick, Mohlenhoff, Proulx Nays (2) Dotson, Clairborne Carried 11 January 4, 2012 MAYOR'S APPOINTMENTS: 14.1 Appointment to Tompkins County Council of Governments (TCCOG) - Resolution By Alderperson Proulx: Seconded by Alderperson Kerslick WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Council of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council of Governments; now, therefore, be it RESOLVED, That Mayor Svante L. Myrick is hereby approved as the voting member for the City of Ithaca of the Tompkins County Council of Governments; and be it further RESOLVED, That Alderperson J.R. Clairborne is appointed as the alternate voting member. Carried Unanimously 14.2 Resolution to Appoint a Director and Alternate to the Board of Directors of the Greater Tompkins County Health Insurance Consortium By Alderperson Clairborne: Seconded by Alderperson Mohlenhoff WHEREAS, in 2007, the County, on behalf of Tompkins County Council of Governments, accepted an incentive grant award under the New York State Shared Municipal Services Program, and WHEREAS, the grant assisted the municipalities in Tompkins County to create a local health- insurance consortium with the intent to provide a net savings to the taxpayers of Tompkins County, and WHEREAS, the City of Ithaca joined the Greater Tompkins County Health Insurance Consortium via resolution dated July 1, 2009, and WHEREAS, the resolution includes the provision for this municipality to enter into an inter -municipal agreement that outlines duties of the Board of Directors, which is charged with the operation of the consortium, and WHEREAS, each participating municipality must appoint a Director to the Board of Directors who can vote on behalf of the municipality, now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby appoints Mayor Svante L. Myrick serve as this municipality's voting Director of the Board of Directors, and appoints City Controller Steven Thayer to serve as an alternate who can vote in the absence of the Director. Carried Unanimously 14.3 Appointment of City Representative to the Business Improvement District/Downtown Ithaca Alliance Board — Resolution By Alderperson McCollister: Seconded by Alderperson Dotson RESOLVED, That Alderperson Joseph Murtagh be appointed to the Business Improvement District/Downtown Ithaca Alliance Board with a term to expire December 31, 2012. Carried Unanimously 12 January 4, 2012 REPORTS OF COMMON COUNCIL LIAISONS: Alderperson Mohlenhoff announced that there would be a public/community thank you/farewell party for the outgoing Mayor, Mayor Elect, outgoing Council members, and incoming Council members on January 20, 2012 at 4:00 p.m. at Corks & More. She encouraged everyone to attend. Alderperson Clairborne announced that the Ithaca City School District would be hosting a Safety meeting on January 5, 2012 at 6:30 pm at the Beverly J. Martin Elementary School relating to the recent child abduction scare. Mayor Myrick inquired as to who was interested in serving as a Liaison to the Ithaca City School Board. Alderperson Clairborne noted that he would be interested in serving in that capacity or suggested that Common Council members rotate appearances to better develop relationships and an understanding of the issues. This item will be discussed further. Alderperson Kerslick announced that the next meeting of the Comprehensive Plan Committee is on January 23, 2012 and he encouraged the public to share their input. ADJOURNMENT: On a motion the meeting adjourned at 7:50 p.m. Julie Conley Holcomb, CIVIC Svante L. Myrick, City Clerk Mayor 13