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HomeMy WebLinkAboutMN-CC-2013-11-12COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Special Meeting 6:00 p.m. November 12, 2013 PRESENT: Mayor Myrick Alderpersons (10) Brock, Dotson, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Proulx, Mohlenhoff OTHERS PRESENT: City Clerk – Conley Holcomb City Controller – Thayer Deputy City Controller - Andrew Acting Superintendent of Public Works – Benjamin Human Resources Director – Michell-Nunn PLEDGE OF ALLEGIANCE: Mayor Myrick led all present in the Pledge of Allegiance to the American Flag. SPECIAL ORDER OF BUSINESS: 1.1 A Public Hearing to Consider the Mayor’s Proposed Executive Budget for 2014 as approved by the Committee of the Whole Resolution to Open Pubic Hearing: By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the Public Hearing to consider the Mayor’s Proposed Executive Budget for 2014 as approved by the Committee of the Whole be declared open. Carried Unanimously Fay Gougakis, City of Ithaca, urged Common Council to add police officers to the budget in place of the proposed new Deputy Police Chief position. She further spoke about an increase in crime and the need for Cornell University to increase their contribution to the City, citing law enforcement issues with students related to alcohol and drug use. Resolution to Clse Pubic Hearing: By Alderperson Kerslick: Seconded by Alderperson Smith RESOLVED, That the Public Hearing to consider the Mayor’s Proposed Executive Budget for 2014 as approved by the Committee of the Whole be declared closed. Carried Unanimously Mayor Myrick noted that he agreed with Ms. Gougakis regarding needed discussions with Cornell University regarding an increase in their level of contribution to the City. He noted that there is no tool to compel increased contributions but that both institutions have joint missions and he will continue to work with the University on this issue. 1.2 Discussion of proposed amendments to the Mayor's 2014 Budget Alderperson Proulx clarified the ongoing total of the proposed budget amendments noting that $146,000 in TCAT Capital Funding should be added back into the budget. #1 - Building Division Staff Positions: Resolution: By Alderperson Murtagh: Seconded by Alderperson McCollister RESOLVED, That two positions be restored in the Building Division - $50,322: Remove (1) Data Entry Position (originally part of the Mayor’s budget) Remove (1) Office Manager Position Add (1) Office Assistant Position Add (1) Receptionist Position Alderperson Clairborne stated that this motion places Common Council in an awkward position as it restores a position to a lower title, noting that the Office Assistant position November 12, 2013 2 is lower than the title the employee was originally hired into. He further explained that this employee would be required to take a Civil Service test for this lesser position. Amending Resolution: By Alderperson Clairborne: Seconded by Alderperson Brock RESOLVED, That the Office Manager position be changed to a Administrative Coordinator position. Ayes (2) Clairborne, Brock Nays (8) Dotson, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Failed Alderperson Brock read a statement of support for the Resolution. City Controller Thayer clarified that the $50,322 being proposed to be added back into the budget would be offset by a decrease in unemployment insurance rates ($5,000) and a pension system decrease of ($45,322). Amending Resolution: By Alderperson Murtagh: Seconded by Alderperson McCollister RESOLVED, That the Resolution be amended by adding the following Resolved clause as follows: “RESOLVED, That the Mayor’s proposed budget be reduced by $50,322 through a reduction in unemployment insurance rates ($5,000) and pension system contributions ($45,322), and, be it further” Carried Unanimously Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (9) Dotson, Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff Nays (1) Proulx Carried (9-1) #2 - Building Division Software Improvements: Resolution: By Alderperson Proulx: Seconded by Alderperson McCollister RESOLVED, That funding for Building Division software improvements ($30,000) be moved to the restricted contingency fund from the Building Division operating budget - $0. Ayes (9) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Dotson Carried (9-1) #3 – TCAT Funding: Resolution: By Alderperson Smith: Seconded by Alderperson Fleming RESOLVED, That $146,000 be added back into the Mayor’s proposed budget from the TCAT capital contribution so that the City’s contribution would mirror the contribution from Tompkins County. Alderperson Dotson read a statement noting that TCAT’s needs are great. She further reported that the Town of Ithaca has restored $25,000 of funding in their budget for their TCAT contribution. Alderperson Brock clarified that the City’s contribution to TCAT would be $114,000 (with financing costs - $4,000) which represents the full request from TCAT. A vote on the Resolution resulted as follows: Ayes (9) Brock, Clairborne, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Nays (1) Dotson Carried (9-1) November 12, 2013 3 #4 – Sustainable Strategies: Resolution: By Alderperson Smith: Seconded by Alderperson Murtagh RESOLVED, That $15,000 be transferred from the Stewart Avenue Capital Project to the General Fund to partially fund the Sustainable Strategies contract. Mayor Myrick explained that this Resolution would be funded by $15,000 from the Stewart Avenue capital project and $15,000 from the unrestricted contingency account in the 2014 budget. Alderperson Brock read excerpts from a letter written by the Planning Director stating that it was okay not to fund Sustainable Strategies for 2014 due to the Planning Division’s current workload. Mayor Myrick described the work that Sustainable Strategies completed on the City’s behalf in 2013 and the goals that they hoped to accomplish in 2014. A vote on the Resolution resulted as follows: Carried Unanimously Resolution: By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That the 2014 Unrestricted Contingency Fund be reduced by $15,000 to partially fund the Sustainable Strategies contract. Carried Unanimoulsly #5 – Housing Inspector Position: Resolution: By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That a Housing Inspector position be added into the Building Division budget . Mayor Myrick explained that if this Resolution is approved, the position would be funded by adding $48,000 to the operating budget and $20,000 will be added to 2014 Revenues to offset the amount of the position as it is expected that this position could possibly collect approximately that amount in inspection fees. Alderperson Murtagh questioned whether this position would pay for itself. Mayor Myrick responded that it would in approximately 1.5 – 2 years. The $48,000 would come from the fund balance bringing it to the 13.7 / 13.6% range (optimal is 15-18% of operating budget. The fund balance is currently at 15.9%) Alderperson Smith stated that this is a tough request for this budget year and he can’t support it. He further asked clarifying questions about the position. Alderperson Murtagh stated that he has had many constituent complaints about high taxes in the City and also cannot support this request. Alderperson Brock noted that this request would increase the tax rate 2.5 cents per $1,000 of assessed property value and voiced her support for the position. Alderperson Kerslick and Clairborne also voiced their support for the position as it is a revenue generator. A vote on the Resolution resulted as follows: Ayes (8) Dotson, Brock, Clairborne, McCollister, Fleming, Kerslick, Mohlenhoff, Proulx Nays (2) Smith, Murtagh Carried (8-2) November 12, 2013 4 Resolution: By Alderperson Dotson: Seconded by Alderperson Kerslick RESOLVED, That $48,000 be allocated from the Fund Balance to fund the Housing Inspector position. Ayes (8) Dotson, Brock, Clairborne, McCollister, Fleming, Kerslick, Mohlenhoff, Proulx Nays (2) Smith, Murtagh Carried (8-2) #6 – Addition of Police Officers Resolution By Alderperson Brock: Seconded by Alderperson Clairborne RESOLVED, That 2 police officer positions to start on April 1, 2014 be added to the Ithaca Police Department budget - $117,000. Discussion followed on the floor regarding the possibility of adding the police officer positions to the budget after the new police contract is in place. Mayor Myrick noted that although the number of police officers currently on the force is reduced, this is the largest amount that the City has ever spent on the Police Department. He explained that 4 police officers are currently out for medical reasons; however, 2 of those officers are scheduled to come back shortly). Alderpersons Brock, Murtagh, spoke in support of the additional positions and also the need for a longer term strategy. Alderperson Clairborne voiced his support for placing the money in a contingency fund while the department explores reorganization. Alderperson Kerslick suggested seeking additional support from the Cornell Police Department and Ithaca College Public Safety. Alderperson Proulx noted that he would only support the addition if there is a tax increase to fund the positions. The current tax rate would be $13.08 per $1,000 of assessed value, the addition of these positions would raise it to $13.195. A vote on the Resolution resulted as follows: Ayes (5) Brock, Clairborne, Murtagh, Mohlenhoff, Proulx Nays (5) Dotson, McCollister, Fleming, Smith, Kerslick Mayor Myrick voted Nay breaking the tie Failed (5-6) #7 – Management Salary Increases Resolution: By Alderperson Brock: Seconded by Alderperson Kerslick RESOLVED, That management salaries (and benefits) be adjusted to address the lack of increases in prior years (to reflect CPI over the period). Alderperson Clairborne stated that he would be recusing himself from the vote as his spouse is a member of the City’s management staff. Ayes (3) Brock, Fleming, Proulx Nays (6) Dotson, Murtagh, McCollister, Smith, Kerslick, Mohlenhoff Abstensions (1) Clairborne Failed (3-7-1) Mayor Myrick extended his thanks to City Controller Thayer, Deputy City Controller, Andrew, and Alderperson Chris Proulx for their time and dedication which resulted in huge improvements made to the budget process. 1.3 Adoption of 2014 Budget - Resolution By Alderperson Proulx: Seconded by Alderperson Smith WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2014 as approved by the Committee of the Whole, and November 12, 2013 5 WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Executive Budget for 2014, and as those amounts may be altered by action of this Common Council at its November 12, 2013 meeting, are adequate for the operation of the City during 2014; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2014, together with any additional changes made in said budget at Council's November 12, 2013 meeting as the City of Ithaca Budget for 2014, in the total amount of $64,610,735, and be it further RESOLVED, That the following sections of the 2014 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) Sidewalk Special District Fund Appropriations F) General Fund Revenues G) Water Fund Revenues H) Sewer Fund Revenues I) Solid Waste Fund Revenues J) Sidewalk Special District Fund Revenue K) Debt Retirement Schedule L) Capital Projects M) Schedule of Salaries and Positions - General Fund N) Schedule of Salaries and Positions - Water & Sewer Fund O) Schedule of Salaries and Positions – Sidewalk Special District Fund P) Schedule of Salaries and Positions - Solid Waste Fund Q) Authorized Equipment - General Fund R) Authorized Equipment - Water Fund R) Authorized Equipment - Sewer Fund S) Authorized Equipment - Solid Waste Fund T) Authorized Equipment – Sidewalk Special District Fund Balance Alderperson Clairborne expressed his concerns about the merging of departments but stated he would support the budget as amended. He stated that this budget has taken a toll on the workforce and the changes have not set well with many employees. He stated that Common Council should have more interaction with staff. Alderperson Fleming encouraged Council to remember and act on the themes that emerged throughout the budget:  Inter-municipal Cooperation / Funding  Cornell contribution increases  New revenue generation – fees/assessments She further voiced her appreciation for Alderperson Proulx’s leadership through this process. Alderperson Brock also expressed her appreciation for Alderperson Proulx’s efforts and stated that she is not opposed to raising taxes to provide the services that residents need. She also voiced her concerns about departmental mergers and stated that they are best done through an open and transparent process with all of the stakeholders involved. She stated that she supports the budget but not the process that was followed so she will not vote for the budget. A vote on the Resolution resulted as follows: Ayes (9) Dotson, Clairborne, Murtagh, McCollister, Fleming, Kerslick, Smith, Mohlenhoff, Proulx Nays (1) Brock Carried (9-1) November 12, 2013 6 1.4 Adoption of 2014 Tax Rate – Resolution By Alderperson Smith: Seconded by Alderperson Proulx WHEREAS, the 2014 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $64,610,735 on November 12, 2013, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $44,090,631 leaving $20,520,104 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2014 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $1,564,032,345 and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $30,344,794 for 2014; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2014, be, and the same hereby is, established and fixed at $13.12 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2014, Tax Roll, thereby making a total tax levy, as near as may be, of $20,520,104, and be it further RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied upon and against the respective properties as shown on said City Tax Roll, in accordance with their respective net taxable valuation, at the rate of $13.12 per $1,000 of such taxable valuation, and be it further RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and apportion the City Tax as above, and that upon the completion of the extension of said Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign and affix the corporate seal to such warrant and forthwith to file the same with said Tax Roll with the City Chamberlain, and be it further RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the City Chamberlain, the amounts of the City Tax set opposite each and every property shall hereby become liens, due, payable and collectible in accordance with provisions of the City Charter and other laws applicable thereto, and be it further RESOLVED, That the total sum of $64,610,735 be appropriated in accordance with the adopted Budget to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2014 Assessment Roll has been completed and approved by the Assessment Department of Tompkins County and resulted in the following valuation: Total Value of Real Property $3,989,560,804 Less: Value of Exempt Property $2,451,911,000 $1,537,649,804 Plus: Value of Special Franchises $26,382,541 Net Value of Taxable Property $1,564,032,345 Carried Unanimously (11-0) Mayor Myrick voted in the affirmative 1.5 Adoption of 2014 Ithaca Area Wastewater Treatment Plant Budget - Resolution Alderperson McCollister: Seconded by Alderperson Brock WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2014 as approved by the Committee of the Whole, and WHEREAS, it is the consensus of this Common Council that the total appropriations and estimated revenues, as set forth in said Amended Joint Activity Fund Budget for 2014 and as those amounts may be altered by action of the Common Council at its November 12, 2013 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2014; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2014, together with any additional changes made in said November 12, 2013 7 budget at Council’s November 12, 2013 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2014, in the total amount of $3,831,462, and be it further RESOLVED, That the following sections of the 2014 Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget be approved: A) Joint Activity Fund Appropriations B) Joint Activity Fund Revenues C) Schedule of Salaries and Positions – Joint Activity Fund D) Authorized Equipment – Joint Activity Fund Carried Unanimously 1.6 A Local Law entitled the “City of Ithaca Local Law to Consolidate the Department of Information Technology In to the Department of the City Clerk.” By Alderperson McCollister: Seconded by Alderperson Mohlenhoff Local Law No. 6 - 2013 WHEREAS, the intent of the following legislation is to reduce the costs and increase the efficiency of the City’s government in light of record budget deficits, and WHEREAS, New York State has granted to the City the power to organize its own government and the departments therein as the City deems necessary, and WHEREAS, the Common Council has determined that certain operations of the City’s government could efficiently be consolidated and overseen by a single department head rather than by multiple separate departments, and WHEREAS, the Department of Information Technology only came into existence late in the City’s long history, and at a time that technology was distinct from the information generated and stored by that technology, and WHEREAS, today information and the technology on which it is generated and stored have so far converged as to be virtually indistinguishable in many situations, and WHEREAS, the Department of the City Clerk has long been the repository for the storage and retrieval of information vital to the City, and is well equipped, with the assistance of appropriate staff of the Department of Information Technology, to handle the informational affairs of the City both as a matter of technology and substance, BE IT ENACTED BY the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council of the City of Ithaca determines that it is in the interest of the public welfare to consolidate the Department of Information Technology into the Department of the City Clerk, thus forming the Department of Public Information and Technology. In the resulting Department, the Director of Information Technology and all appropriate staff of the former Department of Information Technology shall hereafter report to the City Clerk as members of the Department of Public Information and Technology. Subject only to the requirement that the position of Director of Information Technology report to the City Clerk, the Director of Information Technology shall retain all powers, duties, and functions otherwise possessed by the Director of Information Technology unless explicitly altered herein. The intent and purpose of this local law is compatible with a subsequent elimination from the Charter of the position of Director of Information Technology via separate local law, if any. Section 2. Appointive Officers Not Serving In Their Respective Department. The text of Section C-5(C)(4), a subsection of “Elective and Appointive Officers”, as currently contained in the Ithaca City Charter, and last ratified by Local Laws Nos. 3 and 4 of 2012, is hereby repealed and replaced with the following text: November 12, 2013 8 (a) Officers who serve as the heads of their respective departments, and who are appointed by the Mayor with the approval of Common Council: 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. (b) Officers who are appointed by the Mayor with the approval of Common Council to a specific department: City Chamberlain as appointed to the Office of the City Controller; Building Commissioner as appointed to the Department of Planning, Building, and Development; Director of Information Technology as appointed to the Department of Public Information and Technology. Section 3. Consolidated Department of Public Information and Technology. A. There shall be a Department of [the City Clerk] Public Information and Technology, the head of which shall be the City Clerk. B. The City Clerk shall: (1) Perform the functions and discharge the powers and duties of the City Clerk pursuant to law. (2) Act as Clerk for the Board of Public Works and the Common Council and keep a journal of their proceedings and a record of the minutes of every meeting. The minutes of each meeting shall be signed by the officer presiding at such meeting and by the Clerk. (3) Keep and maintain the original authenticated copies of all resolutions, ordinances and local laws. At the close of each year, the Clerk, with the advice and assistance of the City Attorney, shall compile or codify and bind all local laws, ordinances and resolutions, or true copies thereof, in books to be provided for that purpose. The City Clerk shall properly index such books, compilation or codification. The record so made, or a copy thereof, duly certified by the City Clerk, shall be presumptive evidence in all courts and places and in all actions and proceedings of the due and proper passage and publication of any such local law, ordinance or resolution. (4) Issue licenses and permits authorized to be issued by the City Clerk under authority of the Council or by a City Clerk pursuant to law. (5) Manage and execute all information technology functions of the City Government, including systems of written and spoken communication, archiving and retrieval, and all software and hardware components necessary thereto. (6[5]) Organize the work of the Department of Public Information and Technology[the City Clerk]. The City Clerk may assign and transfer administrative functions, powers and duties within the Department of Public Information and Technology[office of the City Clerk] as the best interest of the City may appear, subject to the Charter, local law or ordinance. (7[6]) Have such other powers and duties as may be prescribed by the Charter, local law or ordinance. Section 4. Effect of Related Local Laws. This local law, including the replacement text provided in Section 2 hereof, shall be read in concert with, and solely to the extent in conflict with, shall be superseded by, one or more local laws that become operative after this local law is adopted, including but not limited to any City of Ithaca Local Law to Eliminate the Position of Director of Information Technology. Section 5. Severability. If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. November 12, 2013 9 Section 6. Effective Date. This Local Law shall take effect on January 1, 2014 after filing in the office of the Secretary of State. Alderperson Brock stated that she objects to some of the language in this law. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Clairborne RESOLVED, That the 3rd Whereas Clause be removed from the law. Ayes (2) Brock, Clairborne Nays (8) Dotson, Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff, Proulx Failed (2-8) Amending Resolution: By Alderperson Brock: Seconded by Alderperson McCollister RESOLVED, That the 5th Whereas Clause be removed from the law. Ayes (7) Brock, Dotson, Clairborne, McCollister, Fleming, Kerslick, Proulx Nays (3) Murtagh, Mohlenhoff, Smith Carried (7-3) City Attorney Lavine explained that if this law is amended, it cannot be voted on tonight as the City is required to lay the amended law back on the table and observe the appropriate waiting period. Common Council could adopt the amended Local Law at the December 4, 2013 Council meeting. Vote to Reconsider: By Alderperson McCollister: Seconded by Alderperson Dotson RESOLVED, That the Local Law be restored to the original language. Ayes (7) Dotson, Murtagh, McCollister, Fleming, Kerslick, Smith, Mohlenhoff Nays (3) Brock, Clairborne, Proulx Carried (7-3) Main Motion: A roll call vote on the Main Motion resulted as follows: Alderperson Dotson – Aye Alderperson Brock – Nay Alderperson Clairborne – Nay Alderperson Murtagh – Aye Alderperson McCollister – Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick – Aye Alderperson Mohlenhoff - Aye Alderperson Proulx - Aye Carried (8-2) 1.7 A Local Law Entitled the “City of Ithaca Local Law to Eliminate the Position of Director of Information Technology.” By Alderperson McCollister: Seconded by Alderperson Kerslick Local Law No. 7 - 2013 WHEREAS, New York State has granted to the City the power to organize its own government and departments therein as the City deems necessary, and WHEREAS, the City continues to run a budgetary deficit, and to search for ways to reduce costs while minimizing the effect on the services provided to the public if possible, and WHEREAS, the Director of Information Technology position was created as a forty-hour per week position in the year 1999 and filled in 2000, and WHEREAS, the budget for Fiscal Year 2013 reduced the Director of Information Technology position to a thirty-two hour per week position with a concomitant reduction November 12, 2013 10 in salary, and there was no impairment in the City’s information technology systems or functions, and WHEREAS, the Common Council has adopted a budget for Fiscal Year 2014 that eliminates funding for the Director of Information Technology position, and WHEREAS, the Common Council has approved prior to the approval of this Local Law a separate Local Law enacting the consolidation of the Department of Information Technology into the Department of the City Clerk, thus forming the Department of Public Information and Technology, and WHEREAS, employees in the Department of Information Technology and Department of the City Clerk are well-equipped to handle as necessary the duties currently performed by the Director of Information Technology, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Despite the City’s continuing efforts to increase efficiency and reduce spending, the City Controller projects that the 2014 Fiscal Year budget will run at a $1.4 million deficit. Minimizing the need for increasing taxes requires that the City continue to carefully and critically review the services it provides, and the manner in which the services are provided. As part of this process, and after a review of the duties assigned to the Director of Information Technology, in Fiscal Year 2013 the City reduced the hours of that position to thirty-two (32) per week, with a corresponding decrease in compensation. In addition, certain functions were relocated from Information Technology into the Department of the City Clerk. After reviewing the performance of the departments during Fiscal Year 2013, and further considering the responsibilities and duties assigned to the Director of Information Technology position, the Common Council has approved a budget for Fiscal Year 2014 that eliminates funding for the position. Further, the Common Council determines that, for reasons of economy, consolidation or abolition of functions, and curtailment of activities, it is in the interest of the public welfare to eliminate the Director of Information Technology position. To the extent that the duties currently assigned to that position are still needed, the remaining Information Technology and City Clerk’s Office employees are capable of discharging such duties. Accordingly, it is the desire of the Common Council that the position of the Director of Information Technology cease to exist, and all powers, duties, and functions otherwise possessed by the Director of Information Technology shall be transferred or eliminated by the Mayor, Director of Human Resources, City Clerk, and Civil Service Commission as appropriate. Section 2. Appointive Officers Not Serving In Their Respective Department. The text of Section C-5(C)(4)(b) in the Ithaca City Charter, a subsection of “Elective and Appointive Officers”, as to be amended upon the adoption and effectiveness of Local Law No. 6 of 2013 entitled “City of Ithaca Local Law to Consolidate Department of Information Technology Into the Department of the City Clerk” is hereby further amended as follows, superseding said Local Law to the extent set out in Section 3 hereof: (b) Officers who are appointed by the Mayor with the approval of Common Council to a specific department: City Chamberlain as appointed to the Office of the City Controller; Building Commissioner as appointed to the Department of Planning, Building, and Development; Director of Information Technology as appointed to the Department of Public Information and Technology. Section 3. Effect of Related Local Laws. Section 2 of this local law shall supersede any provision amending Section C-5(C)(4)(b) of any local law adopted prior to this local law becoming operative, to the extent that such provision is in conflict with Section 2. In all other respects, this local law shall to the extent possible be read in concert with any November 12, 2013 11 such local law. A City of Ithaca Local Law to Consolidate the Department of Information Technology Into the Department of the City Clerk is such a local law. Section 4. Severability. If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which such judgment shall have been rendered. Section 5. Mandatory Referendum and Effective Date. This Local Law shall be submitted to a referendum at the next feasible general election. This Local Law shall take effect after it is approved by the electorate and is subsequently filed in the office of the Secretary of State. Amending Resolution: By Alderperson Brock: Seconded by Alderperson Clairborne RESOLVED, That the 4th Whereas Clause be removed from the law, and, be it further RESOLVED, That the following sentences in Section 1 be removed from the law: “As part of this process, and after a review of the duties assigned to the Director of Information Technology, in Fiscal Year 2013 the City reduced the hours of that position to thirty-two (32) per week, with a corresponding decrease in compensation.” ; and “Further, the Common Council determines that, for reasons of economy, consolidation or abolition of functions, and curtailment of activities, it is in the interest of the public welfare to eliminate the Director of Information Technology position.” Ayes (4) Proulx, Dotson, Clairborne, Brock Nays (6) Murtagh, McCollister, Fleming, Smith, Kerslick, Mohlenhoff Failed (4-6) Main Motion: A roll call vote on the Main Motion resulted as follows: Alderperson Dotson – Aye Alderperson Brock – Nay Alderperson Clairborne – Nay Alderperson Murtagh – Aye Alderperson McCollister – Aye Alderperson Fleming – Aye Alderperson Smith – Aye Alderperson Kerslick – Aye Alderperson Mohlenhoff - Aye Alderperson Proulx - Aye Carried (8-2) Alderperson Clairborne stated that he disagrees with the process that was followed noting that it resulted in poor morale for staff. He noted that the IT Director is an important position. Alderperson Brock asked whether Common Council could review the proposition language that will be placed on the 2014 General Election ballot. City Attorney Lavine explained that it is the responsibility of the City Clerk to forward the proposition language to the Board of Elections and that his office works collaboratively with the City Clerk to do so. Common Council is not involved in that process. ADJOURNMENT: On a motion the meeting adjourned at 9:10 p.m. ______________________________ _______________________________ Julie Conley Holcomb, CMC Svante L. Myrick City Clerk Mayor