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HomeMy WebLinkAboutMN-CA-2011-05-01CITY ADMINISTRATION COMMITTEE Regular Meeting May 25, 2011 Members Present: Alderperson Coles, Alderperson Zumoff, Alderperson Mohlenhoff, Alderperson Rooker, Alderperson Clairborne (arrived at 7:12 p.m.) Members Excused: Mayor Peterson Staff Present: Valerie Saul (Deputy HR Director), Allen Green (YB Director), Dan Hoffman (City Attorney), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:02 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Coles welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements. None. 3. Agenda Review and Amendments Chairperson Coles stated that the following item has been removed from the agenda: 15.1 — Controller's Office Approval of 2009 Single Audit Report. The audit is not ready. 4. Approval of Minutes Alderperson Rooker made a motion to approve the minutes, with corrections, from the April 27, 2011 meeting of the City Administration Committee. Seconded by Alderperson Mohlenhof£ Motion carried 4 -0. ( Alderperson Clairborne was absent from the vote.) 5. Statements from the Public John Errl, a graduating senior from Cornell University, spoke in support of the sweat free Ithaca initiative. He encouraged the City to undertake this initiative and to make a difference in the lives of workers who produce the apparel worn by City employees. Alex Bores of Ithaca started working on the sweat free initiative in 2008 with students and members of the community. He is excited to see the City get behind this initiative and hopes that the policy is passed soon. Mr. Bores thanked City Attorney Dan Hoffman, the City Attorney's Office and this Committee for the work done on the sweat free initiative policy. City Administration Committee Meeting May 25, 2011 Page 2 Tom Clavel of Ithaca spoke about the Charter revisions. He stated that the revisions are more than just cleaning up language. It is about taking out "citizen participation" in the hiring process. Mr. Clavel asked the City to keep citizen participation in the hiring process and as part of the Charter. Tom Hanna of Ithaca spoke on the Charter revisions. Mr. Hanna stated that if the Mayor and five Common Council members will not be here on January 1, 2012; then why should they take steps to change the Charter when they themselves will not be ones responsible for the work that would evidently follow. Mr. Hanna encouraged the Committee to pass the changes as a resolution and leave it to the new Mayor and Common Council to take the steps to institute the suggested Charter changes. ( Alderperson Clairborne arrived at 7:15 p.m.) 6. Employee Comments. None. 7. Common Council Response Alderperson Zumoff responded that the proposed changes to the Charter /Code are to make the wording reflect what is actually happening in reality. The Charter /Code revisions do not apply to the selection process; they apply to the approval process, which is where the top three names for the department head position are given to the Mayor. The Charter /Code says the Mayor can appoint the department head with the advice /consent of Council. It does not say anything about how those names are given to the Mayor. Alderperson Rooker thanked the students for speaking in support of the sweat free Ithaca policy and stated that the changes in the Charter /Code are just cleaning up what is written and not perceived as dramatic changes. 8. Workforce Diversity Advisory Committee (WDAC) Update HR Director Schelley Michell -Nunn reported that the WDAC continues to meet with departments about their diversity plans and attributes. 9. Safety Committee Update. None. 10. Regular Reports from Departments Reporting to CA — City Attorney's Office City Attorney Dan Hoffman reported on the department's diversity plan. Some minor changes have been made since his presentation to Senior Staff. Mr. Hoffman reported on the following: Mission: The department's mission is to serve as the official legal advisor to the Mayor, Common Council, City boards /committees, and the various City departments in a professional manner and to ensure that all legal matters involving the City are dealt with efficiently and effectively. Demographics: The City Attorney's Office is small. It consists of six employees; five attorneys and one administrative support staff. Of the six employees, there are four females and 1 person of color. There is a broad range of ages with the current legal staff, which brings different generational perspectives and approaches to the law. The department does hire interns. Since 2006, they have had 32 interns; 14 or 45% were females City Administration Committee Meeting May 25, 2011 Page 3 and 10 or 31% were persons of color. This does not reflect the latest round of hiring, which would improve these percentages. Attrition: The Attorney's Office has a low turn-over rate. At this point, there are no pending retirements. One attorney's request to work half time was approved and another half time attorney was hired to fill the gap. The City Attorney's position is at the will of the Mayor and will change with the new Mayor. The department hires two or three legal interns during the academic year and the summer. So, with the exception of City Attorney's position, the only place to increase diversity is with the hiring of interns. Diversity Attribute: The Attorney's Office selected attribute #2: "Attribute: Demonstrated Commitment to Diversity and Inclusiveness. The City of Ithaca's Mayor, Common Council, its officers and department heads shall act affirmatively with regard to recruitment and retention of employees and volunteers from diverse backgrounds." The Attorney's Office has made a conscientious effort to find ways to increase diversity in the department. They are doing this through the hiring of interns. Assistant City Attorney Khandikile Sokoni heads up the department's recruitment. She has attended job fairs and has been the person that perspective law interns see first. Also, a number of the interns hired have been encouraged to apply by fellow law students who were former interns of the office. This word of mouth enhancement along with Ms. Sokoni heading up the recruitment has increased the department's effort to attract more minority candidates. Diversity Concerns in Hiring Decisions: Since 2010, the department has convened two interview committees to hire a full time attorney and a half time attorney. Both interview committees included a representative from the Workforce Diversity Advisory Committee. During the interview process, candidates were asked to discuss their experiences with diversity in the work environment. Trainings /Accommodations: Staff has attended diversity training such as the Talking Circles and Undoing Racism Workshop. The office takes into account staff's family situations and allows flexible work schedules, which includes working from home with access to the City's computer database. Conclusion: Despite limited space, no entry level positions or low turnover rate, the Attorney's Office has made strides in increasing diversity and inclusion in the workplace. They will continue to do this and are open to suggestions and feedback on ways to improve. HR Director Michell -Nunn asked how does the department measure the outcome or evaluate the experience of the individuals that are hired? How do they know it is a good experience? Do they conduct exit interviews? Mr. Hoffman responded that formal exit interviews have not been conducted. The department has received some feedback. On the intern's last day, the staff takes the intern to lunch and do get some feedback. Alderperson Clairborne thanked Mr. Hoffinan for his report, for his efforts to increase diversity in the office and for allowing Assistant City Attorney Sokoni to be in charge of recruitment. Mr. Clairborne suggested looking at how future vacancies are going to be filled. Alderperson Rooker asked from what year in law school do they usually hire interns. Mr. Hoffman responded that it is usually after the first year. City Administration Committee Meeting May 25, 2011 Page 4 Chairperson Coles asked if his staff talked about the attribute selected and diversity. Ms. Coles stated that discussions are an important way to measure what people are thinking. Mr. Hoffman responded that staff has talked about how much they appreciate the interns and the different backgrounds /perspectives that they bring. Mr. Hoffman talked about how difficult it is to have monthly staff meetings due to the work schedule of the employees. He agreed that more deliberate discussions would be a good idea. The Committee thanked Mr. Hoffman for his report. 11. Youth Bureau Amendment to Department Budget Moved by Alderperson Mohlenhof£ Seconded by Alderperson Clairborne. WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and they are estimating they may be receiving $76,425.50 in new funding to develop a Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for 55 low - income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2011 Youth Bureau budget as follows: Increase Revenue Account: A7310- 4820 -1202 Youth Employment Service $69,920.50 A7310- 4820 -1400 Administration $6,505.00 Total $76,425.50 Increase expenses: A 7310 -5120 -1202 Part time /Seasonal $57,366.70 A 7310 -5125 -1202 Overtime $ 750.00 A 7310 -5425 -1202 Office Supplies $ 868.10 A 7310 -5440 -1202 Staff Development $ 250.00 A 7310 -5445 -1202 Travel & Mileage $ 500.00 A 7310 -5460 -1202 Program Supplies $ 2,500.00 A 7310 -5120 -1400 Part time /Seasonal $ 1,500.00 A 7310 -5437 -1400 Credit Card Fees $ 1,000.00 A 7310 -5420 -1400 Gas & Oil $ 1,000.00 A 7310 -5415 -1401 Clothing $ 112.50 A 7310 -5475 -1401 Property Maintenance $ 1,337.50 A 7310 -5480 -1401 Building Maintenance $ 1,300.00 A 7310 -9030 FICA /Medicare $ 4,445.95 A 7310 -9040 Workers' Comp. $ 3,494.75 A vote on the resolution resulted as follows: Total $76,425.50 Passed unanimously. City Administration Committee Meeting May 25, 2011 Page 5 12. Chamberlain's Office 1. Correction to Tax Roll Moved by Alderperson Zumof£ Seconded by Alderperson Mohlenhof£ WHEREAS, the 2011 City Tax Roll included a BID assessment in the amount of $17,682.00 on tax map number 70.4-5.2, 120 East Green Street, and WHEREAS, 120 East Green Street is a wholly exempt property owned by the City of Ithaca, and WHEREAS, Tompkins County Assessment has determined that the BID assessment was levied against the property in error; now therefore, be it RESOLVED, That the Common Council accepts and approves the recommendation of Tompkins County Assessment to expunge the BID assessment, and be it further RESOLVED, That the City Chamberlain is authorized to correct the 2011 City Tax Roll in accordance with the recommendation. A vote on the resolution resulted as follows: Passed unanimously. 13. Attorney's Office Requests for Allocation of Additional Monies for Contractual Expenses Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhof£ WHEREAS, in 2010, a lawsuit seeking damages was commenced in federal court against the City of Ithaca and several City employees (and others), by Christopher Miller (an employee of the Ithaca Police Department); and WHEREAS, the City's insurance carrier subsequently declined to provide a defense to the City, or coverage of any award, on the grounds that the City had not provided notice of earlier, administrative complaints by Mr. Miller (all of which were defended by City staff, and ultimately dismissed on the merits or at the request of Mr. Miller); and WHEREAS, as a result of its insurance carrier's action, the City retained special counsel (Shea, Stokes, Roberts & Wagner) to defend the City and its employees, in that litigation; and WHEREAS, said special counsel has also represented the City in a subsequent, related employment arbitration case initiated against the City by Mr. Miller; and City Administration Committee Meeting May 25, 2011 Page 6 WHEREAS, the cost of such defense, and representation in the arbitration matter (both of which are ongoing), through March 31, 2011, is approximately $242,200; and WHEREAS, previous allocations by the Common Council, for these matters, are insufficient to cover current charges (beyond February 2011); now therefore be it RESOLVED, That an amount not to exceed $46,500 be and hereby is allocated, from Account 1990 (Unrestricted Contingency), with transfer to account A1420 -5435 Attorney's Office Contracts for payment of the fees of special counsel retained to defend the City in the afore- mentioned actions brought by Christopher Miller. A vote on the resolution resulted as follows: Passed unanimously. 2. Allocation of Additional Monies for Fair Market Rental Value Report Moved by Alderperson Rooker. Seconded by Alderperson Clairborne. WHEREAS, in May 2009, Common Council amended Chapter 170 of the City Code (now "Use of City Real Property "), so as to require that, commencing in 2010, City -owned real property licensed for use by others should be offered at not less than fair market rental value, which value is to be determined (and periodically updated) through a professional appraisal process; and WHEREAS, the City solicited proposals for performing this professional service, and selected Pomeroy Appraisal Associates ( "Pomeroy "); and WHEREAS, Pomeroy had submitted a proposal with a base fee of $21,500, for establishing fair market rental values for certain categories of City -owned properties, as described by the City, with additional appraisals of "unique" properties (not in an established category) to cost between $500 and $1,500 apiece, and with an additional cost of $90 to $175 per hour for a Pomeroy representative to meet with City representatives in Ithaca; and WHEREAS, on November 4, 2009, Common Council allocated $25,000 from Unrestricted Contingency (Account A1990) for the purpose of paying for the estimated total cost of "the initial round of appraisals" to be performed by Pomeroy; and WHEREAS, the work of completing this appraisal process required more time than had been anticipated (by the City or Pomeroy), involved a number of changes in the categorization of properties and the appraisal of at least one unique property, and required several visits to Ithaca by Pomeroy staff, and WHEREAS, as a result of these changes and additional assignments, the total billing by Pomeroy for its work is $33,000, representing $8,000 more than what the Council has allocated; and WHEREAS, a description and explanation of the additional work performed by Pomeroy is included in a letter from the company to the City Attorney, dated May 9, 2011, and is mentioned City Administration Committee Meeting May 25, 2011 Page 7 in the Fair Market Rental Value report provided by Pomeroy in January 2011; now therefore be it RESOLVED, That the Common Council authorize and direct the allocation of an additional amount, not to exceed $8,000, from Account A1990 (Unrestricted Contingency), with transfer to account A1420 -5430 Attorney's Office Fees for the payment of the balance of monies owed to Pomeroy Appraisal Associates. A vote on the resolution resulted as follows: Passed unanimously. 3. Authorization of Quit Claim Deeds for Woodcock Street and Valentine Place Extension Moved by Alderperson Zumof£ Seconded by Alderperson Mohlenhof£ WHEREAS, various City maps and other historical documents show or describe certain short, dead -end streets referred to as "Valentine Place Extension" and "Woodcock Street," located to the south of East State/Martin Luther King, Jr., Street, in the City of Ithaca; and WHEREAS, certain components of a development project proposed for a 16.4 -acre site on East Hill, known as " Collegetown Terrace," would occupy parts of what are known as Valentine Place Extension and Woodcock Street; and WHEREAS, in late 2009 and in 2010 the developer of the Collegetown Terrace project (John Novarr, through certain legal entities under his control), who owns most of the site, commenced "quiet title" proceedings in the New York Supreme Court, for Tompkins County, seeking exclusive title to Valentine Place Extension and Woodcock Street, respectively, based on the doctrine of adverse possession; and WHEREAS, said proceedings named as defendants certain persons who were former owners or mortgagees of real property in the vicinity of Valentine Place and Woodcock Street or who may have had an interest in the streets themselves, but did not name the City of Ithaca, nor was the City directly notified of these proceedings; and WHEREAS, the Court awarded judgment (i.e., "sole and complete possession ") in both actions to Mr. Novarr, essentially by default, as a result of the non - appearance of any of the named defendants; and WHEREAS, thereafter, Mayor Peterson sought an independent legal opinion as to the history and current status of Valentine Place Extension and Woodcock Street, to determine whether either of them was or is a City street, whether the City owned either of them, and/or whether the public retains any rights in them, of which effort the Common Council was duly apprised; and WHEREAS, title research conducted by the City's special counsel (David A. Tyler, Esq.), aided by preparation of an extensive abstract, resulted in his issuing a legal opinion that is contained in letters to the Mayor dated April 20, 2011, and May 13, 2011; and City Administration Committee Meeting May 25, 2011 Page 8 WHEREAS, Attorney Tyler concluded that "it is doubtful the City now retains any rights it may have once possessed [in the 185- foot -long Valentine Place Extension]," but that a right -of -way across the 80- foot -long, so- called "stub" of Woodcock Street (as it runs westerly from Valentine Place), acquired by the City in 1922, was never conveyed by the City to subsequent owners of the surrounding property (including Mr. Novarr's entities), and therefore is still held by the City (and shared with the adjoining owner); and WHEREAS, attorneys for Mr. Novarr dispute Attorney Tyler's conclusions regarding the status of Woodcock Street and any public rights therein, and seek the immediate issuance of a building permit for the proposed Collegetown Terrace building ( " #3") that would encroach (relatively slightly) upon a portion of the City's claimed Woodcock Street right -of -way; and WHEREAS, both the City and Mr. Novarr seek a timely, negotiated resolution to this situation, without the costs and risks of litigation, if possible; and WHEREAS, the City's Superintendent of Public Works has indicated that the City does not rely upon the use of Valentine Place Extension or Woodcock Street for any essential public works functions, and that Valentine Place itself (north of Valentine Place Extension) can be maintained and treated as a City street whether or not the City retains or asserts rights in Woodcock Street or Valentine Place Extension — provided there is a feasible opportunity for City snowplows and other vehicles servicing Valentine Place to accomplish a turn- around, using the internal driveways that are part of the approved Collegetown Terrace site plan; and WHEREAS, at its meeting on May 25, 2011, the Board of Public Works for the City of Ithaca determined that, based on the practice and experience of the past 20 years or more, Valentine Place Extension and Woodcock Street do not qualify as City streets, that, from a public works standpoint, the City does not need to have or maintain rights in or to control either of them, that any such rights should be treated as surplusage, and that the Board of Public Works does not object to the City's conveyance of such rights; and WHEREAS, all real property on both sides of Woodcock Street (and Valentine Place Extension) is owned by the developer of the Collegetown Terrace project, and the City's conveyance of any rights it may retain in either of said streets will not leave any parcels without public street frontage or render them non - conforming, nor would it affect any property owners other than Mr. Novarr; and WHEREAS, representatives of the City and of the adjoining property owner have negotiated a proposed resolution of this dispute, pursuant to which the City would provide quit claim deeds to Mr. Novarr, conveying any rights held by the City in Woodcock Street (or Valentine Place Extension), and as consideration Mr. Novarr would pay $12,500 to the City and would release the City from any claims he may have or wish to assert regarding this dispute (e.g., involving delay in issuance of a building permit, etc); now therefore be it RESOLVED, that the Common Council hereby accepts the opinion of special counsel that the City does not retain rights in Valentine Place Extension, and confirms the same by issuance of a City Administration Committee Meeting May 25, 2011 Page 9 quit claim deed (for the parcel described in the first Supreme Court proceeding referenced above, Index No. 09- 1410), from the City to the adjoining property owner (Valentine Associates); and be it further RESOLVED, that the Common Council hereby accepts the opinion of special counsel that the City retains a shared right -of -way over Woodcock Street (as distinct from fee title thereto), and determines that any such rights are deemed to be surplus from a City standpoint and are therefore available for appropriate disposition; and be it further RESOLVED, that the Common Council approves of the issuance of a quit claim deed that would transfer any rights the City may possess in Woodcock Street (as that parcel is described in the second Supreme Court proceeding referenced above, Index No. 2010 -0742) to the adjoining property owner, Valentine Park, LLC, in exchange for the receipt of (1) a payment to the City by said grantee in the sum of $12,500, (2) mutual releases of the parties from liability of any kind as to ownership of Woodcock Street (or Valentine Place Extension), and (3) agreement by the owner of Collegetown Terrace to allow City vehicles servicing Valentine Place to enter upon the project's driveways for turn- around purposes; and be it further RESOLVED, that the Mayor, upon consultation with the City Attorney, be and hereby is authorized to execute and, upon receipt of the afore - mentioned consideration, to deliver to Valentine Associates and Valentine Park, LLC, quit claim deeds as described herein, and other, related documents, as needed, consistent with the intent of this resolution. A vote on the resolution resulted as follows: Passed unanimously. 4. Draft Policy on Apparel Procurement (re: "Sweat- Free" Standards) City Attorney Dan Hoffinan updated the Committee on the status of the apparel procurement policy and received direction on how to proceed. 5. Authorization of Revocable License to Use City Parkland for Congo Square Market Moved by Alderperson Clairborne. Seconded by Alderperson Mohlenhoff. WHEREAS, in 2009and 2010, the sponsors of an ongoing event known as the Congo Square Market received a license from the City of Ithaca to operate a weekly, outdoor market for local vendors on City -owned parkland immediately north of the Southside Community Center, on South Plain Street, from June until September; and WHEREAS, the current sponsors of the Congo Square Market, namely, the Ithaca Youth Bureau (a department of the City of Ithaca) and the Southside Community Center, Inc. (a not - for - profit corporation that leases a City -owned building), have requested permission to operate the Market at the same location in 2011, on every Friday evening ( to pm) from May _, 2011, through 9 2011; and City Administration Committee Meeting May 25, 2011 Page 10 WHEREAS, the vendors for the Market are expected to include both small - scale, local entrepreneurs and City- sponsored youth projects; and WHEREAS, pursuant to Chapter 170 of the Municipal Code of the City of Ithaca ( "Use of City Real Property"), such use of City parkland (for an event lasting more than five days at a time or that occurs more than four times over the course of a year) requires the approval of Common Council; now therefore be it RESOLVED, that the Common Council, as it did in 2009 and 2010, finds that the proposed Congo Square Market, as described by its sponsors and as experienced in operation over the last two years, constitutes a recreation - related use of the park adjacent to the Southside Community Center, which use, due to its limited duration (i.e., hours at a time, on occasions over the course of the year) and occupancy of only a portion of the park, will not significantly compromise the public's ability to enjoy the park and in fact could enhance the overall quality of the park's appeal and benefit to the public; and be it further RESOLVED, that the Common Council hereby authorizes the Mayor - upon consultation with the appropriate Department Heads as to form and compliance with all applicable laws, rules and regulations, and upon receipt of a properly completed application from the sponsors - to issue a revocable license to the Ithaca Youth Bureau and the Southside Community Center, permitting such sponsors to operate the proposed Congo Square Market in a portion of the City park adjacent to the Southside Community Center on South Plain Street, for the requested period of time (between and pm, each Friday between May _, 2011, and , 2011, and containing the standard terms and conditions of such a license, with regard to liability insurance coverage, indemnification of the City, handling of trash and waste, vendor conduct, amplified sound, and other pertinent matters; and be it further RESOLVED, that as the City has not yet established a regular fee for such seasonal use of its parkland, Council hereby sets a fee of $ for each day's operation of the Congo Square Market, with the total amount due from the sponsors for the requested number of days being $ A vote on the resolution resulted as follows: Passed unanimously. 6. Executive Unit Step 2 Grievance Hearing — Executive Session Alderperson Mohlenhoff made a motion to go into Executive Session to discuss the Executive Association Step 2 Grievance matter. Seconded by Alderperson Zumof£ Motion carried 5 -0. Alderperson Clariborne made a motion to close Executive Session. Seconded by Alderperson Zumoff. Motion carried 5 -0. Chairperson Coles reported that no decision was made in Executive Session. City Administration Committee Meeting May 25, 2011 Page 11 Alderperson Mohlenhoff made a motion to accept the Step 2 Grievance Hearing re: Alan Karasin's Annual Leave letter written by the Executive Association Grievance Committee. Seconded by Alderperson Rooker. Motion carried 5 -0. 14. Human Resources (HR) Department 1. A Local Law to Amend Sections of the Charter — Regarding Appointment of City Officers Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhof£ Whereas, the intent of the following legislation is to: • Consolidate all Charter and Code language governing appointments of City officers into one section • Eliminate redundant, repetitive and contradictory language regarding the appointment of City officers Update titles to reflect current City officers; some historical titles are also being preserved for future use; now, therefore, Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That the following Sections and Subsections of the City Charter be amended to read as follows: §C -5.0 The appointed officers of the City shall be: (2) Officers who serve at the pleasure of the Mayor: a City Attorney, who shall serve as the head of the City Attorney's Office. . _. • ■ ■_ _. • VON I I ■. _ ■ City Administration Committee Meeting May 25, 2011 Page 12 4) Officers who serve as the heads of their respective departments. and who are appointed by the Mayor with the approval of Common Council: Building Commissioner, City Chamberlain, City Clerk, Controller, Director of Human Resources, Director of Information Technology, Director of Planning and Development, Fire Chief, Greater Ithaca Activities Center Director. Police Chief. Superintendent of Public Works. Youth Bureau Director. 5) Officers who serve as the deputies or assistant department heads of their respective departments, and who are appointed by their respective department heads: Assistant City Attorney(s), Assistant Superintendents) of Public Works, Deputy Building Commissioner(s), Deputy City Chamberlain, Deputy City Clerk, Deputy Controller, Deputy Director of Human Resources, Deputy Director of Economic Development, Deputy Director of Planning and Development, Deputy Fire Chief(s), Deputy Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director §C -17.A. Seleetion of members of Pel ee Department; e o Powers and duties of police officers. §C -20. A. There shall be a Department of the City Clerk, the head of which shall be the City Clerk. The City C'efk shall appeifAed by the "or- in the manner- provided in §C 26 §C -21.A A. There shall be a Human Resources Department, the head of which shall be the Director of Human Resources. The Dir-eeter- ef Human Reseufees shall be appointed by the ,gas <,,.r- in the manner- id C-26 below. ._ ._ .. .. 4) Officers who serve as the heads of their respective departments. and who are appointed by the Mayor with the approval of Common Council: Building Commissioner, City Chamberlain, City Clerk, Controller, Director of Human Resources, Director of Information Technology, Director of Planning and Development, Fire Chief, Greater Ithaca Activities Center Director. Police Chief. Superintendent of Public Works. Youth Bureau Director. 5) Officers who serve as the deputies or assistant department heads of their respective departments, and who are appointed by their respective department heads: Assistant City Attorney(s), Assistant Superintendents) of Public Works, Deputy Building Commissioner(s), Deputy City Chamberlain, Deputy City Clerk, Deputy Controller, Deputy Director of Human Resources, Deputy Director of Economic Development, Deputy Director of Planning and Development, Deputy Fire Chief(s), Deputy Greater Ithaca Activities Center Director, Deputy Police Chief(s), Deputy Youth Bureau Director §C -17.A. Seleetion of members of Pel ee Department; e o Powers and duties of police officers. §C -20. A. There shall be a Department of the City Clerk, the head of which shall be the City Clerk. The City C'efk shall appeifAed by the "or- in the manner- provided in §C 26 §C -21.A A. There shall be a Human Resources Department, the head of which shall be the Director of Human Resources. The Dir-eeter- ef Human Reseufees shall be appointed by the ,gas <,,.r- in the manner- id C-26 below. City Administration Committee Meeting May 25, 2011 Page 13 §C -59. §C -60 BE §4 -20 SO -7 Million .4. W. 10*1�1 WIP-7-MMIMPIRYMPIMET WZV SO -7 There shall be a Youth Bureau, headed by a Youth Bureau Director a Coordinator- Youth , tifiless e-meregtfi�- °daw, sef-,=e—at their- pl€astir-e. Among the powers and duties of the r,. dina4 ., Youth Bureau Director, but not by way of limitation, shall be the: Million .4. W. 10*1�1 WIP-7-MMIMPIRYMPIMET ■ There shall be a Youth Bureau, headed by a Youth Bureau Director a Coordinator- Youth , tifiless e-meregtfi�- °daw, sef-,=e—at their- pl€astir-e. Among the powers and duties of the r,. dina4 ., Youth Bureau Director, but not by way of limitation, shall be the: City Administration Committee Meeting May 25, 2011 Page 14 §4 -22 There shall be a Department of Planning and Development headed by a Director of Planning and Development. who shall be ° r* d bN, the Ma-yer- and ° nfif '' other-wise r-equif-ed by law, shall seizve at the pleasufe of the Mayor- and the GOMM Cowl. Among his /her functions and duties, but not by way of limitation, shall be the: Section 2. 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 3. Effective Date. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 2. A Local Law to Amend Section C -19 Financial Officers Moved by Alderperson Mohlenhoff. Seconded by Alderperson Zumoff. Whereas, the intent of the following legislation is to: • To amend the Charter to reflect the current organizational structure and operational practices of the City Controller's Office and City Chamberlain's Office. • To clearly separate the authorities and responsibilities of the City Controller and the City Chamberlain, so that a system of checks and balances is created and maintained; now, therefore Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That Section C -19 of the City Charter be amended to read as follows: §C -19: Financial Officers. Depw ment of Fina nee. City Administration Committee Meeting May 25, 2011 Page 15 MINIM • • T�lRlel7:fi !psi • �S"Eff IZ NIPPON. • ■ • A. E. Powers and Duties of the City Controller. (All existing language regarding powers and duties of the City Controller remains.) B. D. Powers and Duties of the City Chamberlain. (All existing language regarding powers and duties of the City Chamberlain remains.) Section 2. 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 3. Effective Date. This Local Law shall take effect after it is filed in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 3. A Local Law to Amend Section C -22 Authorities of Department Heads Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhoff. City Administration Committee Meeting May 25, 2011 Page 16 Whereas, the intent of the following legislation is to consolidate the basic /general authorities and responsibilities inherent in all department head and deputy positions into one section. New York State has delegated certain powers and responsibilities to the Common Council. It is appropriate for Common Council, in turn and through the Charter, to empower and charge its department heads (and deputies) with the carrying out of certain, general duties. However, the day -to -day responsibilities, assignments and tasks of the individual department head and deputy positions are more fluid and change periodically as the priorities of the Mayor and Common Council change. Job descriptions are more flexible and more easily amended than the Charter, and are therefore the more appropriate location for prescribing daily activities and program and functional responsibilities; now, therefore Local Law - 2011 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. That Section C -22 of the City Charter be amended to read as follows: §C -22. Department Heads, Deputies and Assistants. . PRIM A. The department heads of the Citv of Ithaca. as defined in 6C- 5.C(2) and 6C- 5.C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the Maas described in §C- 11.B(1 )(b) and §C -I LB 6), respectively) and subiect to the eeneral leizislative powers of the Common Council (as described in §C -35), 1. To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; 2. To direct and supervise the work of the officers and employees of their respective departments; ._ IMF BullW PRIM A. The department heads of the Citv of Ithaca. as defined in 6C- 5.C(2) and 6C- 5.C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the Maas described in §C- 11.B(1 )(b) and §C -I LB 6), respectively) and subiect to the eeneral leizislative powers of the Common Council (as described in §C -35), 1. To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; 2. To direct and supervise the work of the officers and employees of their respective departments; A. The department heads of the Citv of Ithaca. as defined in 6C- 5.C(2) and 6C- 5.C(4) of this Charter, shall be vested with the following authorities and duties, subject to the powers and supervision of the Maas described in §C- 11.B(1 )(b) and §C -I LB 6), respectively) and subiect to the eeneral leizislative powers of the Common Council (as described in §C -35), 1. To appoint, discipline and remove as necessary, all subordinate officers and employees of their respective departments; 2. To direct and supervise the work of the officers and employees of their respective departments; City Administration Committee Meeting May 25, 2011 Page 17 3. To organize and manage the work of their respective departments, and assign and transfer administrative functions, tasks and responsibilities within their respective departments, as is in the best interest of the City; 4. To exercise all powers and carry out all responsibilities vested in the office which the department head holds, on behalf of the City; 5. To make and authorize necessary expenditures to carry out the responsibilities of their respective departments, in accordance with authorized budgetary allocations and established financial procedures; 6. To exercise such other responsibilities and perform such other duties as may be prescribed by the Charter, state or local law, or assigned by the Mayor or Common Council- B. The deputy and assistant department heads of the City of Ithaca, as defined in W- 5.C(5) of this Charter, shall generally assist their superiors in the execution of their powers and duties and may perform such part or portion of such duties as designated by such superiors and, in the absence, inability or temporary vacancy of their respective superiors, shall act as such and, when so acting, shall have all the powers of such office. Section 2. 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 3. Effective Date. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 4. Director's Report. HR Director Michell -Nunn reported on the following: Diversity Consortium Roundtable: The Diversity Consortium Roundtable will be on Thursday — June 9, 2011 from 8:30 a.m. to 4:00 p.m. at Ithaca College Emerson Suites. The cost is $55 per person. 15. Finance /Controller's Office Approval of 2009 Single Audit Report This item was removed from the agenda. City Administration Committee Meeting May 25, 2011 Page 18 2. Request to Amend 2011 Budget for Various Reimbursements Moved by Alderperson Mohlenhoff. Seconded by Alderperson Clairborne. WHEREAS, during 2011 the City of Ithaca departments have received various reimbursements donations and sold various scrape metal that were unanticipated and need to be accounted for, and WHEREAS, the reimbursements total $4,872.77 as follows: Sale of Equipment /Scrap $2,758.72 Refund of Training/Parts 1,379.05 Tree Donations 735.00 ; now, therefore be it RESOLVED, That Common Council hereby amends the 2011 Authorized Budget as follows to account for said receipt and expenditures of funds: Increase Revenue Account: A1320 -2701 IT Refund Prior Year Expense $1215.00 A3120 -2665 Police Sale of Equipment 2209.50 A5132 -2665 Garage Sale of Equipment 549.22 A5132 -2701 Garage Refund Prior Year Expense 164.05 A7111 -2705 Parks Gifts and Donations 735.00 $4,872.77 Increase Appropriation Accounts: A1320 -5440 IT Staff Development $1215.00 A3120 -5475 -5017 Police Property Maintenance 2209.50 A5132 -5481 Garage Small Tools 713.27 A5132 -5485 Parks Trees 735.00 $4,872.77 A vote on the resolution resulted as follows: Passed unanimously. 3. Controller's Report. Controller Thayer reported on the following: Budget (2012): The 2012 budget process is underway. Capital project requests are out and are due back in a couple of weeks. The Mayor's department budget requests for 2012 will come out in two weeks. Property Tax Cap (2012): The property tax cap would limit the growth of property taxes to 2% or the rate of inflation, whichever is less. There will be some exceptions. Some details still need to be resolved and final approval is still needed. City Administration Committee Meeting May 25, 2011 Page 19 Pension Pam: Pension payment will increase for 2012 about 3% or $720,000. Sales Tax Revenues: The City budgeted a 3% increase. Currently, sale tax revenues are running even with 2010 activity. Building Permit Revenues: In the last month, building permit revenues have picked up due to being in construction season. Parking Revenues: For 2011, the City budgeted $2,025,000 for parking revenues. Parking revenue collections are on pace to be short of the budgeted amount. Fine Revenues: Fine revenues are on pace to meet the budgeted amount of $1,120,000. Golf Revenues: This has been a very wet spring, which will have a negative impact on the revenues for the golf course. Health Insurance Cost: For 2011, the City budgeted $9,400,000 for health insurance and the cost will be at or slightly higher than expected. Lawsuit Suits and Claims: The cost of lawsuits and claims has skyrocketed as seen by the Attorney's Office request to amend its budget. State Reports (2010): The department continues to work on State reports for 2010. Auditors are in City Hall and will be here for a few months to examine in details the City's operations. 16. Reports Mayor's Report. None. 2. Sub - Committee Updates. None. 3. Council Members' Announcements Alderperson Clairborne reported that he would circulate a draft resolution about the Africana Studies and Research Center by early next week. 4. Next Month's Meeting: June 29, 2011. 17. Adjournment With no further business and on a motion by Alderperson Clairborne, the meeting was adjourned at 10:00 p.m.