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HomeMy WebLinkAbout11-02-11 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, November 2, 2011, 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: 3.1 Presentation of Employee Quarterly Recognition Award 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Mayor’s Amended Executive Budget for 2012 as approved by the Committee of the Whole 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 Request to Transfer Funds from Unrestricted Contingency for Financial Software Upgrade - Resolution 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Prohibiting the Leasing of City of Ithaca-Owned Land for Hydraulic-fracturing Natural Gas Drilling and Extraction - Resolution 10. CITY ADMINISTRATION COMMITTEE: 10.1 Adoption of 2012 Budget - Resolution 10.2 Adoption of 2012 Tax Rate - Resolution 10.3 Adoption of 2012 Ithaca Area Wastewater Treatment Plant Budget - Resolution 10.4 Adoption of City of Ithaca Anti-Discrimination and Anti-Harassment Policy – Resolution 10.5 City Controller’s Report 11. REPORTS OF SPECIAL COMMITTEES: 12. NEW BUSINESS: 13. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 14. MAYOR’S APPOINTMENTS: Common Council Agenda November 2, 2011 Page 2 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 October 5, 2011 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: October 27, 2011 8. CONSENT AGENDA ITEMS: City Administration Committee: 8.1 Request to Transfer Funds from Unrestricted Contingency for Financial Software Upgrade - Resolution WHEREAS, the City’s financial software, MUNIS is now due for an upgrade, and WHEREAS, this upgrade will move our existing server from SQL 2000 to SQL 2005 and upgrade the MUNIS version from 7.2 to 8.3 at a cost of $6,219; now, therefore be it RESOLVED, That Common Council hereby approves the transfer of an amount not to exceed $6,219 from Account A1990 Unrestricted Contingency to Account A1320-5210 Information Technologies Contracts for the purpose of upgrading the current MUNIS Financial System. 9. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE: 9.1 Prohibiting the Leasing of City of Ithaca-Owned Land for Hydraulic-fracturing Natural Gas Drilling and Extraction - Resolution WHEREAS, it is increasingly clear that drilling for natural gas using high-volume slick-water hydraulic-fracturing (hydrofracking) may have severe adverse impacts on communities and the environment, and WHEREAS, the City of Ithaca owns property and land within the City of Ithaca for various uses and purposes including: areas of preservation including the Six Mile Creek and Ithaca Falls Natural Areas, parkland for public recreation and amusement such as Cass Park and Stewart Park, as well as land for other City facilities; and WHEREAS, the City of Ithaca also owns property and land outside the City of Ithaca for various uses and purposes, including a portion of “substitute” parkland in the southwest area of the City, which extends into the Town of Ithaca; and WHEREAS, the State of New York gives local governments the authority to enact local laws, ordinances, and policies not inconsistent with the provisions of the State constitution or any general law; and WHEREAS, the City of Ithaca is vested with the authority and power to regulate, manage, and control its property under General City Law; and WHEREAS, the Common Council of the City of Ithaca has authority to approve or deny any lease(s) of City owned land; and WHEREAS, the Board of Public Works has the authority to grant approval or deny any temporary easement(s), not exceeding a year, of City owned land under the City Municipal Code Chapter 170, entitled “Use of City Real Property”; and WHEREAS, the City of Ithaca has historically demonstrated and continues to support its commitment to preserving the beauty, quality, use, and ecologic and environmental integrity of all land within the City of Ithaca, but especially land owned by the City of Ithaca, through establishment and passage of Code provisions supporting City programs such as the Conservation Advisory Council, Parks Commission, Natural Areas Commission, City Bicycle/Pedestrian Advisory Council, Shade Tree Advisory Committee, and the City’s urban forestry program; and WHEREAS, the Six Mile Creek watershed is the primary watershed for the City of Ithaca; and WHEREAS, a portion of Six Mile Creek watershed is owned by the City as a Natural Area; and WHEREAS, the activity of drilling on and transporting natural gas from City-owned land, with the attendant well pads, roads, pipelines, and ancillary facilities, may damage their value by alienating the public from use and enjoyment of such land, threatening water resources, impairing habitat value for forest-dwelling species, removing natural vegetation cover, and allowing invasive species to become established; and WHEREAS, such activity would undoubtedly place added stress on species that may increasingly come under stress from the impacts of natural gas drilling; and WHEREAS any economic boost to the City from leasing City-owned land for development and sale of natural gas is short term, and will foreclose the long-term benefit to the City of tourism and enjoyment of City-owned land by residents of Ithaca and its surrounding areas, and WHEREAS, it is clear that from a long-term environmental, economic, and social perspective the value and integrity of City-owned land will be much greater if left unimpaired by the impacts of gas drilling than if such drilling is allowed to occur, now therefore be it RESOLVED, That the City of Ithaca will not lease or in any way consent to the use of any City-owned land, whether located within or outside the City of Ithaca, for high-volume, slick- water hydraulic-fracturing to extract natural gas, and be it further RESOLVED, That the Mayor is hereby requested to investigate, on behalf of the City, legally binding means by which the protection of City-owned land, as intended by this resolution, could be ensured on a permanent basis (such as through the conveyance of conservation easements, for parkland and natural areas). 10. CITY ADMINISTRATION COMMITTEE: 10.1 Adoption of 2012 Budget - Resolution WHEREAS, this Common Council is now considering adoption of the Amended Executive Budget for 2012 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 Executive Budget for 2012, and as those amounts may be altered by action of this Common Council at its November 2, 2011 meeting, are adequate for the operation of the City during 2012; now, therefore be it RESOLVED, That this Common Council accepts and approves said Amended Executive Budget for 2012, together with any additional changes made in said budget at Council's November 2, 2011 meeting as the City of Ithaca Budget for 2012, in the total amount of $61,560,334, and be it further RESOLVED, That the following sections of the 2012 Budget be approved: A) General Fund Appropriations B) Water Fund Appropriations C) Sewer Fund Appropriations D) Solid Waste Fund Appropriations E) General Fund Revenues F) Water Fund Revenues G) Sewer Fund Revenues H) Solid Waste Fund Revenues I) Debt Retirement Schedule J) Capital Projects K) Schedule of Salaries and Positions - General Fund L) Schedule of Salaries and Positions - Water & Sewer Fund M) Schedule of Salaries and Positions - Solid Waste Fund N) Authorized Equipment - General Fund O) Authorized Equipment - Water Fund P) Authorized Equipment - Sewer Fund Q) Authorized Equipment - Solid Waste Fund 10.2 Adoption of 2012 Tax Rate – Resolution WHEREAS, the 2012 City of Ithaca Budget was approved, adopted, and confirmed in the total amount of $61,560,334 on November 2, 2011, in accordance with a detailed Budget on file in the Office of the City Controller, and WHEREAS, available and estimated revenues total $41,997,559 leaving $18,562,775 as the amount to be raised by taxation, and WHEREAS, the Assessment Roll for 2012 certified and filed by the Assessment Department of Tompkins County, has been footed and approved and shows the total net taxable valuation as $1,512,975,624, and WHEREAS, under Charter provisions, the tax limit for City purposes amounts to $29,277,269 for 2012; now, therefore, be it RESOLVED, That the tax rate for general purposes, for the fiscal year 2012, be, and the same hereby is, established and fixed at $12.93 per $1,000 of taxable valuation as shown, certified and extended against the respective properties on the 2012, Tax Roll, thereby making a total tax levy, as near as may be, of $19,562,775, 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 $12.93 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 $61,560,334 be appropriated in accordance with the Budget adopted to the respective Boards, Offices, and Departments of the City, for the purposes respectively set forth therein. The 2012 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 $3,868,931,508 Less: Value of Exempt Property $2,384,747,000 $1,484,184,508 Plus: Value of Special Franchises $ 28,791,116 Net Value of Taxable Property $1,512,975,624 10.3 Adoption of 2012 Ithaca Area Wastewater Treatment Plant Budget - Resolution WHEREAS, this Common Council is now considering adoption of the Amended Joint Activity Fund Budget for 2012 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 2012 and as those amounts may be altered by action of the Common Council at its November 2, 2011 meeting, are adequate for the operation of the Ithaca Area Wastewater Treatment Plant during 2012; now, therefore, be it RESOLVED, That this Common Council accepts and approves said Amended Joint Activity Fund Budget for 2012, together with any additional changes made in said budget at Council’s November 2, 2011 meeting, as the Ithaca Area Wastewater Treatment Plant Joint Activity Fund Budget for 2012, in the total amount of $3,734,277, and be it further RESOLVED, That the following sections of the 2012 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 10.4 Adoption of City of Ithaca Anti-Discrimination and Anti-Harassment Policy - Resolution WHEREAS, federal, New York State, Tompkins County and City of Ithaca laws prohibit, in general terms, discrimination in employment that is based on one’s membership in certain defined categories, and WHEREAS, harassment in the workplace, whether or not it is criminal in nature or based on one’s membership in any such category, has been and continues to be unacceptable to the City of Ithaca as a responsible employer, and WHEREAS, the Mayor and Common Council of the City of Ithaca wish to establish an anti- discrimination and anti-harassment policy that is specific and applicable to all aspects of the day-to-day operations of the City; now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby adopts the Anti- Discrimination and Anti-Harassment Policy dated November 2, 2011, and, be it further RESOLVED, That said policy shall be distributed to all current and future City employees, and that the Human Resources department shall maintain a record indicating receipt of the policy by each employee. City of Ithaca Anti-Discrimination and Anti-Harassment Policy DRAFT: November 2, 2011 Statement of Policy The City of Ithaca is committed to maintaining a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment and hostile behaviors. Therefore, the Mayor and Common Council expect that all relationships and interactions among persons in the City work environment will be professional; respectful; and free from bias, prejudice, hostility, and harassment. The State of New York and the City of Ithaca prohibit discrimination based on the actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sexual orientation; or socioeconomic status of an individual. All such discrimination is unlawful and will not be tolerated. Additionally, the City does not allow bias-based harassment, or harassment of any other kind, in its workplace. The City of Ithaca is committed to taking all reasonable steps to prevent discrimination and harassment from occurring in its workplace. Definitions Discrimination: Treating an individual differently because of the individual’s membership in the above mentioned categories. Discrimination based on membership in these categories (other than providing reasonable accommodation for differently-abled persons) is prohibited by federal, state, or local laws. Harassment: Unwanted, unreasonable verbal or physical conduct directed toward or affecting another person that annoys, disturbs, frightens, insults or offends that other person, that continues or is repeated after a request to cease, and that: 1) has the purpose or effect of creating an intimidating, hostile, or offensive work environment; 2) has the purpose or effect of unreasonably interfering with an individual’s work performance; or 3) otherwise adversely affects an individual’s employment opportunities. Harassment includes bias-based harassment and sexual harassment. Bias-Based Harassment: Harassment that denigrates, offends or shows hostility or aversion toward an individual because of his/her actual or perceived age; creed; color; disability; domestic violence victim status; ethnicity; familial status; gender; height; weight; immigration or citizenship status; marital status; military status; national origin; predisposing genetic characteristics; race; religion; sexual orientation; or socioeconomic status; or that of his/her relatives, friends, or associates. Bias-based harassment includes, but is not limited to: epithets, slurs or negative stereotyping; threatening, intimidating, or hostile acts; denigrating jokes; and written or graphic material that denigrates, ridicules, objectifies, or shows hostility, aversion or contempt toward an individual or group and that is placed on walls, bulletin boards, lockers or elsewhere on or in the employer’s premises, vehicles, or equipment, or is circulated in the workplace, including through electronic means. Scope of Policy This policy applies to all City officers and employees. This policy applies to all aspects of the relationship between the City and its employees, including but not limited to: recruitment, employment, promotion, training, working conditions, and benefits. Also, employees of the City shall not discriminate against independent contractors, volunteers, personnel employed by temporary agencies, applicants, customers, the general public, and any other persons or agencies doing business for or with the City. It is the expectation that independent contractors shall not discriminate against City employees. If any contractor violates this policy, appropriate action will be taken. Department heads and supervisory personnel are responsible for ensuring a work environment free from unlawful discrimination or harassment. These individuals must take immediate and, if authorized, appropriate corrective action when allegations of discrimination or harassment come to their attention to assure compliance with this policy. Should a department head or supervisor not be authorized to take corrective action, the matter shall be referred to the individual or body, as the case may be, having the authority to take corrective action. Reporting and Investigating Any City officer or employee who witnesses or experiences an incident of suspected discrimination or harassment shall report the incident to the appropriate department head or to the Human Resources Director, or their designees, as soon as possible after an alleged incident. Complaint Procedure Informal Procedure: Some situations may be resolved in an informal manner by the Department Head or supervisor without the need for a formal complaint and investigation. Disciplinary action may not be imposed without a formal complaint being filed, and a finding, after investigation, that there is probable cause to believe discrimination or harassment occurred. An individual reporting harassment, discrimination, or retaliation should be aware; however, that the City of Ithaca may decide it is necessary to take action to address such conduct beyond an informal discussion. This decision will be discussed with the individual making the complaint. Formal Procedure A formal complaint must be in writing and must include the act(s), complained about, identify the person or persons alleged to have committed such act(s), and indicate the approximate dates, if known, when the act(s) occurred. Employees and officers can fill out the form themselves, or ask for help from their supervisor, Department Head, or the Human Resources Director. A formal complaint shall be filed with the Department of Human Resources. Investigation Procedure Once a formal complaint has been received, the Human Resources Director or the Director’s designee will commence a prompt investigation of the allegations in the complaint and will report the results of the investigation to the complainant’s Department Head or to the Mayor, as appropriate. The investigation should be concluded within sixty (60) days of the filing of the formal complaint. The investigation may be expanded if additional allegations are uncovered during the investigation. The investigation may include but is not limited to: identifying the alleged harasser, separately interviewing witnesses, meeting with the person accused to inform her/him of the complaint and informing her/him that retaliation is prohibited, interviewing the accused person regarding the allegations, interviewing witnesses, and determining whether or not there is probable cause to believe that the allegations are true. Prompt reporting of a complaint is strongly encouraged as it allows for rapid response to and resolution of objectionable behavior. Complaints should be filed within one year of the alleged harassment. Post-Investigation and Appeal Procedure Unfounded Complaints: If, after an investigation, a complaint is determined to be unfounded, the Human Resources Director will inform the complainant(s) and the accused that the complaint is unfounded. The Human Resources Department will maintain a confidential record of the investigation. Founded Complaints If a complaint is founded, the Human Resources Director and the Department Head or Mayor will meet with the person accused and his/her union representative, if the accused is represented, and explain the findings of the investigation. The accused will have an opportunity to accept the findings and any corrective and/or disciplinary action, or to oppose the findings and file a grievance through his/her collective bargaining unit. The Human Resources Department will maintain a confidential record of the investigation. In the event that either the employee alleging discrimination or harassment, or the employee being charged with discrimination or harassment, is not covered by a labor contract, the employee may exercise the employee’s appeal rights provided for by Civil Service Law, Section C-26.1 of the City Charter, or Article 1 of Chapter 90 of the Code of the City of Ithaca, as appropriate. Corrective and Disciplinary Action Corrective and disciplinary action for discrimination or harassment may include, but is not limited to, any of the following: attending individualized training; verbal warning; written reprimand; work restrictions; monetary fine; salary reduction or limitation; demotion; suspension; dismissal. Confidentiality The City wishes to create a safe and comfortable environment in which employees are not afraid to discuss concerns and complaints, or to seek general information about discrimination, harassment, or retaliation. The City recognizes that employees may be concerned about the confidentiality of information they share and will strive to preserve confidentiality to the fullest extent possible. Employees must understand that their anonymity cannot always be maintained, especially if disciplinary action is warranted. Filing Complaints with Outside Agents This internal complaint and investigation process does not substitute for or remove the rights of employees or officers to bring charges of discrimination or harassment with local, federal, and state agencies. Those agencies have specific time limits within which complaints can be brought, and employees or officers should consult each agency as to the proper procedure or time limit. Support Services Individuals involved in discrimination or harassment complaints are encouraged to seek assistance through the Employee Assistance Program or the Human Resources Department. Responsibilities of Managers and Supervisors All managerial and supervisory staff of the City of Ithaca shall be responsible for enforcing this policy and shall have particular responsibility for ensuring that the work environment under their supervision is free from harassment and discrimination and its effects. All managerial and supervisory staff who receives harassment or discrimination complaints will be responsible for immediately forwarding such complaints to either their Department Head or the Director of Human Resources for investigation. The City shall conduct training for managerial and supervisory staff in each department on the issues surrounding harassment and discrimination, its effects and its appearances, and the role and responsibility of supervisory personnel in preventing incidents of harassment or discrimination and resolving complaints. The City shall also distribute this policy to all City employees and conspicuously post this policy at all City work sites. Copies of this policy will also be distributed to new employees as they are hired. Employees will be required to sign a statement that they have read and understood the policy. The City shall also conduct training for all City employees on the concept and definition of harassment and discrimination, the issues surrounding it, and ways in which to deal with it appropriately. Violation of Policy Violations of this policy, regardless of whether or not an actual law has been violated, will not be tolerated. The City of Ithaca will investigate every issue that is brought to its attention in this area and will take appropriate action. Retaliation Retaliation against an individual for reporting harassment or discrimination or for participating in an investigation of a claim of harassment or discrimination is a serious violation of this policy and, like harassment or discrimination itself, will be subject to disciplinary action. Acts of retaliation should be reported immediately to the Human Resources Director and will be promptly investigated and addressed. Related Laws and Policies: 1. City Code - Human Rights Protection – Chapter 215 2. Sexual Harassment Policy 3. Workplace Violence Prevention Policy 4. Employee Standards of Conduct