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HomeMy WebLinkAbout01-04-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, January 4, 2012, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 Determine date for July 2012 Regular Common Council Meeting (the 1st Wednesday in July is July 4th) 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 ITEMS: City Administration Committee: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution 8.5 Finance/Controller - Designation of Official Depositories - Resolution 8.6 Common Council - Approval of 2012 Travel Policy - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: There were no items submitted for the agenda 10. CITY ADMINISTRATION COMMITTEE: 10.1 Appointment of City Attorney – Amendment to Personnel Roster – Resolution 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 10.3 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: Common Council Agenda January 4, 2012 Page 2 12. 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 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Tompkins County Council of Governments (TCCOG) - Resolution 14.2 Resolution to Appoint a Director and Alternate to the Board of Directors of the Greater Tompkins County Health Insurance Consortium 14.3 Appointment of City Representative to the Business Improvement District 15. REPORTS OF COMMON COUNCIL LIAISONS: 16. REPORT OF CITY CLERK: 17. REPORT OF CITY ATTORNEY: 18. MINUTES FROM PREVIOUS MEETINGS: 18.1 Approval of the November 30, 2011 Special Common Council Meeting Minutes – Resolution 18.2 Approval of the December 7, 2011 Regular Common Council Meeting Minutes – Resolution 18.2 Approval of the December 21, 2011 Special Common Council Meeting Minutes - Resolution 19. ADJOURNMENT: 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 Clerk at 274-6570 at least 48 hours before the meeting. ______________________________ Julie Conley Holcomb, CMC City Clerk Date: December 30, 2011 8. CONSENT ITEMS: 8.1 Finance/Controller - Designation of Official Newspaper - Resolution 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. 8.2 Finance/Controller - Collateral to Secure Deposits - Resolution 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. 8.3 Finance/Controller - Public Employee's Blanket Bond - Resolution 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 $250,000 National Grange Bond Coverage Mutual Insurance Co. 8.4 Finance/Controller - Designation of Common Council Meetings - Resolution 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. 8.5 Finance/Controller - Designation of Official Depositories - Resolution 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. 8.6 Common Council - Approval of 2012 Travel Policy - Resolution 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. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Appointment of City Attorney Amendment to Personnel Roster – Resolution 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 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 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 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: [§C-26 Appointment of Officers A. The following officers of the City shall be appointed by the Mayor subject to the search committee procedure as defined in Article VII of Chapter 90: Superintendent of Public Works, Fire Chief, Police Chief, Youth Bureau Director, Building Commissioner, City Controller, City Clerk, Director of Planning and Development, City Chamberlain, Director of Human Resources and Assistant City Attorney. B. Upon the request of the Mayor and with the unanimous approval of the entire Common Council, the search committee procedure provided in Article VII of Chapter 90 shall be waived; instead, the Mayor shall make the appointment directly. C. An appointment subject to this section shall be deemed made upon approval of the same by a majority vote of the Common Council. D. An appointment made as provided herein shall be for an indefinite term. E. Any appointee nominated or appointment made prior to the effective date of this section shall be subject to the terms of the prior appointment procedure.] 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: §4-23.2 Appointment procedure. A. The Director shall be appointed by the Mayor and confirmed by Common Council. B. The recruitment and selection procedure shall be in accordance with the procedure set forth herein. However, upon the request of the Mayor and with the unanimous approval of Common Council and the Greater Ithaca Activities Center, Inc. Board of Directors, the search procedure set forth herein shall be waived, and the Mayor shall make the appointment directly. C. A Search Committee for the vacant position shall be established by the Mayor according to the following: (1) The membership of the Committee shall be: (a) Three members of the Board of Directors of the Greater Ithaca Activities Center, Inc., a not-for-profit corporation, selected by the Board. (b) Two members of Common Council, selected by Common Council. (c) A member of the City's Affirmative Action Committee, selected by the Affirmative Action Committee. (d) One person with professional experience in the job area at issue, to be appointed by the Mayor. (e) The Director of Human Resources, as a nonvoting member. (2) Upon the formation of the Committee, the Mayor shall notify the Human Resources Department of the composition of the Search Committee. (3) The Search Committee shall comply with all local, state and federal laws, rules and regulations concerning hiring practices and procedures. (4) Upon the receipt of a resume, the Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. (5) Upon the return of the EEO questionnaire, the Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. (6) The Human Resources Department shall review all applications and resumes received for the position against the established position qualifications, and prepare a summary of the credentials of the qualified candidates. D. Selection of candidates for interviews. (1) The Human Resources Department shall organize the initial Search Committee meeting. The Human Resources Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. (2) At its initial meeting, the Search Committee shall review the applicant pool profile and determine whether it is necessary to seek further applicants. If a decision to readvertise is made, it shall be made in consultation with the Mayor. If the Search Committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. (3) Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. E. Interview process. The interview process set forth in § 90-50 of the Ithaca City Code shall be followed. F. Committee recommendations. (1) Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Human Resources Department solicit candidate references prior to making recommendations to the Mayor. (2) After discussion and evaluation, the Committee shall choose up to three qualified and eligible candidates. The Committee may arrange for interview of these candidates by the Board of Directors of the Greater Ithaca Activities Center, Inc. and the public. After such interviews, if conducted, the Committee may adjust its selection of qualified candidates. (3) The names of candidates selected by the Committee shall be forwarded to the Mayor for consideration, with comments in support of each recommendation. Five out of seven Committee members must support the recommendation of each candidate to the Mayor for consideration. (4) It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. (5) At the request of the Search Committee, the Human Resources Department shall prepare the Committee's recommendations and forward them to the Mayor. G. Selection by Mayor. The Mayor shall select a candidate in accordance with the provisions set forth in § 90-52 of the Ithaca City Code.] 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: §C-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 be comprised of 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 light of the historical and contractual relationship between the City 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 job 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. 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. I. 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: Article VII - Recruitment and Selection Procedure for Department Heads and Managerial Personnel §90-48. Recruitment. A. A Search Committee for the vacant position shall be established by the Mayor according to the following: (1) The membership of the Committee shall be: (a) Three members of the appropriate overseeing lay board or commission, if any, to be selected by that board or commission. (b) Three members of the Common Council, to be selected by the Common Council. (c) One person with professional experience in the job area at issue, to be appointed by the Mayor; however, if the appointment is to the position of deputy or assistant, the Mayor shall appoint the applicable department head. (d) The Director of Human Resources, except when the appointment is to the position of Director of Human Resources, as a nonvoting member. (e) other nonvoting members as the Committee deems necessary and appoints. (2) In the event of a disagreement as to which lay board or commission is to be represented, the Mayor shall designate the appropriate overseeing lay board or commission. (3) Upon the formation of the Committee, the Mayor shall notify the Human Resources Department of the composition of the Search Committee. (4) The Search Committee shall comply with all local, state and federal laws, rules and regulations concerning hiring practices and procedures. B. Upon the receipt of a resume, the Human Resources Department shall send a blind equal employment opportunity questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical purposes only and shall not contain any information which can be used to identify the candidate. C. Upon the return of the EEO questionnaire, the Human Resources Department shall establish a profile of the applicant pool with respect to sex, race, age, handicapped status and veteran status. D. The Human Resources Department shall review all applications and resumes received for the position against the established position qualifications. The Human Resources Department shall then prepare a summary of the credentials of the qualified candidates. §90-49. Search committee; selection of candidates for interviews. A. A Search Committee for the vacant position shall be established by the Mayor, pursuant to § C-26 of the City Charter. The Mayor shall then notify the Human Resources Department of the composition of the Search Committee. B. Following the closing date for the submission of applications, the Human Resources Department shall organize the initial Search Committee meeting. The Human Resources Department shall supply each Search Committee member with the summary of candidate credentials, copies of all approved applications and a copy of the applicant pool profile prior to the initial meeting. The Search Committee members shall independently review the above information prior to meeting and shall bring their comments and recommendations on the candidates pool to the initial meeting. C. At its initial meeting, the Search Committee shall review the applicant pool profile and determine whether it is necessary to readvertise the position. (1) If a decision to readvertise is made, it shall be made in consultation with the Mayor. (2) If the Search Committee determines that the applicant pool profile reflects an adequate recruitment effort, the Committee shall select an appropriate number of candidates for interviews. D. Prior to conducting the interviews, the Search Committee shall, in consultation with the Mayor, determine the qualities being sought for the position and establish the criteria which shall be used to evaluate the candidates. Once these criteria have been determined, the Search Committee shall develop questions designed to elicit responses which can be used to evaluate candidates against the criteria. §90-50. Interview Process. A. The Human Resources Department shall schedule interviews with the candidates selected by the Search Committee. Approximately one hour shall be reserved for each interview. B. Prior to the interviews, the Human Resources Department shall prepare an informational packet for each Search Committee member. Said packets shall contain copies of the applications, copies of the interview questions, candidate evaluation sheets, the position job description, relevant salary and benefit information and relevant information pertaining to the department involved, its organization, its staffing and its responsibilities. The Human Resources Department shall also include an informational sheet regarding questions which are prohibited under the New York State Human Rights Law. An information packet shall also be prepared for the Mayor, and the Human Resources Department shall invite the Mayor to attend the Search Committee interviews. C. During the interviews, the Search Committee will attempt to ask similar questions of all candidates so that all candidates are judged by the same standards. It is understood, however, that different follow-up questions will probably be necessitated by the various candidate responses. D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a City voucher. All efforts shall be made for candidates to use the least-expensive mode of transportation to Ithaca and to avoid the need for lodging expenses unless candidates reside more than four hours from Ithaca. E. Throughout the search process, the Human Resources Department shall keep candidates apprised of the status of the search. §90-51. Committee recommendations. A. Following the candidate interviews, the Search Committee shall discuss and evaluate the candidates. The Search Committee may request that the Human Resources Department solicit candidate references prior to making recommendations to the Mayor. After discussion and evaluations, the Committee shall choose the top three qualified and eligible candidates and forward their names to the Mayor for consideration, with comments in support of each recommendation. B. It shall be the decision of the Search Committee as to whether the names recommended to the Mayor are or are not ranked. C. At the request of the search committee, the Human Resources Department shall prepare the Committee's recommendations and forward them to the Mayor. §90-52. Selection by Mayor. A. The Mayor may conduct interviews with one or more of the candidates recommended by the Search Committee at his/her discretion. B. The Mayor shall make the appointment from the list of three names with the consent of the Common Council. C. Following the selection of a candidate, the Mayor shall notify the Common Council and the Search Committee of his/her selection and shall forward his/her salary recommendations to the Budget and Administration Committee for its review. D. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made prior to or following the official appointment of the candidate. E. Once the Mayor has offered the position to a candidate and the candidate has accepted the position but prior to the public announcement of the selection, the Mayor shall direct the Human Resources Department to notify all remaining candidates that a selection has been made. § 90-53 Affirmative action. The City's affirmative action policies will apply in all stages throughout this process. Chapter 90, Article VII – 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. 12. 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 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. 14. MAYOR’S APPOINTMENTS: 14.1 Appointment to Tompkins County Council of Governments (TCCOG) - Resolution 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 ________________________________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_____________________ is appointed as the alternate voting member. 14.2 Resolution to Appoint a Director and Alternate to the Board of Directors of the Greater Tompkins County Health Insurance Consortium 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. 14.3 Appointment of City Representative to the Business Improvement District/Downtown Ithaca Alliance Board – Resolution RESOLVED, That Alderperson ___________________be appointed to the Business Improvement District/Downtown Ithaca Alliance Board with a term to expire December 31, 2012.