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HomeMy WebLinkAboutMN-CA-2017-01-18CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 18, 2017 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Fleming, Kerslick, McGonigal, Nguyen Mayor (1): Myrick EXCUSED: Alderperson(s): Brock OTHERS PRESENT: Fire Chief – Parsons Chief of Staff – Cogan City Attorney – Lavine HR Director – Michell-Nunn Controller - Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: Chairperson Mohlenhoff reviewed the charge of the meetings. Ms. Mohlenhoff mentioned that there may be an Executive Session at some point during the meeting. 1.2 Review/Approval of Minutes: Alderperson Fleming made a motion to approve the minutes from the December 21, 2016 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public Ella Diaz is an Ithaca Resident and a member of the Latino Civic Association. She spoke in support of the Green Light Campaign. This campaign is an incentive for taxpayers and could create revenue. Ms. Diaz asked that this item be addressed at some point by the Committee. Raymond Craib is an Ithaca Resident. Mr. Craib spoke in support of the Safe Cities resolution, which affirms the City’s core value of “creating a climate of welcome and inclusiveness, protecting and preserving the value of democracy and freedom, and respect for human dignity and human rights.” It is important at all times, especially now, for the Committee to support and move forward this resolution. Fernando de Aragon is an Ithaca Resident and a member of the Latino Civic Association. He, too, supports the Safe Cities resolution and encourages this City to continue to be welcoming to immigrants. Carlos Gutierrez is an Ithaca Resident. He asked the Committee to move forward with the Safe Cities resolution. Undocumented immigrants, who are fleeing their countries due to the atrocities, are in the United States and contribute to our economy. City Administration Committee Meeting January 18, 2017 Page 2 Esmeralda Arrizon-Palomera, of Ithaca, spoke in support of the Safe Cities resolution. She asked the Committee to move this resolution forward. 1.4 Statements from Employees. None. 1.5 Council Response Alderpersons Brock and McGonigal thanked everyone for attending the meeting and expressing their thoughts & support for the Safe Cities resolution. 2. Consent Agenda Items 2.1 Attorney’s Office - Amendment to Personnel Roster Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. WHEREAS, the City Attorney’s Office requests that the workweek for one Assistant City Attorney be reduced from 40 hours per week to 32 hours per week; and WHEREAS, the City Attorney is confident that this reduction will nonetheless enable the City Attorney’s Office to support the City’s needs; now, therefore, be it RESOLVED, That effective February 5, 2017, the workweek of one Assistant City Attorney position be and hereby is reduced from forty (40) hours/week to thirty-two (32) hours/week pursuant to the employee’s request, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at six and four/tenths (6.4) hours per day (thirty-two (32) hours per week). A vote on the resolution resulted as follows: Passed unanimously. 3. City Administration, Human Resources, and Policy 3.1 Human Resources – Re-Establish the Standard Work Day for Elected and Appointed Officials Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, the New York State Local Retirement System Regulation 315.4 requires that all participating employers pass a Resolution for all paid elected and appointed officials, who are members of the retirement system at the start of their new term or subsequent terms, and WHEREAS, the Mayor’s new term began on January 1, 2016; now, therefore, be it City Administration Committee Meeting January 18, 2017 Page 3 RESOLVED, That Common Council hereby re-establishes the following standard workdays for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System: Eight (8) hour workday; Forty (40) hour workweek Mayor A vote on the resolution resulted as follows: Passed unanimously. 3.2 Safe Cities Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, following the presidential election on November 8, 2016, the City of Ithaca’s Mayor and Common Council hereby reaffirm and express the core values of our City: creating a climate of welcome and inclusiveness, protecting and preserving the values of democracy and freedom, and respect for human dignity and human rights, and WHEREAS, this expression and reaffirmation of welcome and inclusiveness is made in response to President-elect Trump’s vow to deport 11 million immigrants, specifically identifying Latino/as and undocumented immigrants, and further establishing a registry of Muslims, and WHEREAS, on July 10, 19851, in response to the El Salvadoran and Guatemalan refugee crisis, Common Council declared the City of Ithaca a “Sanctuary City” for Salvadoran and Guatemalan refugees fleeing the general conditions of persecution and pervasive violence to life and person in their homelands, establishing it to protect and maintain the human rights for Ithaca’s citizens and for all who come within its borders, directing that “except as otherwise provided by law, that neither the City Administration nor any member of Common Council, or any city committee, nor any department head or city employee, when acting in that capacity or as an agent of the City, take any action contrary to the safety and welfare” of refugees who have gained entrance into the United States of America, including an act which would subject the refugee to arrest by the Immigration and Naturalization Service (now U.S. Immigration and Customs Enforcement), or of others because of their involvement in, or support of, providing sanctuary, and WHEREAS, on April 4, 20072, in response to a dramatic increase in enforcement of immigration laws in New York and elsewhere, Common Council encouraged the Ithaca Police Department to continue its practice of non-involvement in enforcement of federal immigration laws, and further requested IPD to treat the enforcement of federal immigration laws as a function of federal law enforcement agencies, except when specifically requested to be involved in particularized suspicion of criminal activity other than the mere presence of an individual in the City of Ithaca, and further encouraged every effort to 1 City of Ithaca Common Council Minutes. July 10, 1985. pages 4-6. https://lfweb.tompkins- co.org/WebLink/DocView.aspx?dbid=13&id=389761&page=1&cr=1 2 City of Ithaca Common Council Minutes. April 4, 2007. pages 10-11 https://lfweb.tompkins- co.org/weblink/13/doc/390199/Page1.aspx City Administration Committee Meeting January 18, 2017 Page 4 maintain City of Ithaca Police Department standards to ensure humane, respectful and legally proper treatment of all involved, in accordance with the principles described herein, and WHEREAS, the City of Ithaca is committed in its responsibility to protect the vulnerable to the fullest extent practicable, thereby desiring to extend protections already provided to refugees to undocumented individuals so that all may live without fear that forcible deportation may result from everyday interactions with City law enforcement, staff, committee members or elected officials, allowing all to live fully and productively as members of the Ithaca community; now, therefore, be it RESOLVED, That the Mayor and Common Council hereby direct that, except as otherwise provided by law, no City employee, elected official, or any city committee, when acting in that capacity or as an agent of the City, take any action which could reasonably be anticipated to subject an undocumented individual, except undocumented individuals falling within “Priority 1” of the Homeland Security Priority Enforcement Program established in the November 20, 2014 memorandum by Secretary of Homeland Security Jeh Charles Johnson,3 to arrest by the U.S. Immigration and Customs Enforcement, or of others because of their involvement in, or support of the undocumented individual, and, be it further RESOLVED, That City departments, including health and safety law enforcement departments, are directed to incorporate such policies into their standard training and operational procedures outlining these protections and directing compliance by City employees, and, be it further RESOLVED, That the City Clerk send copies of this resolution to Senators Charles Schumer and Kirsten Gillibrand; to Congressman Tom Reed, State Senator Tom O’Mara, Governor Andrew Cuomo, Assemblywoman Barbara Lifton, and the Tompkins County Legislature. Alderperson Fleming made a motion to go into Executive Session to discuss proposed litigation. Seconded by Alderperson Kerslick. Motion passed unanimously. Alderperson Kerslick made a motion to close Executive Session. Seconded by Alderperson Fleming. Motion passed unanimously. Chairperson Mohlenhoff reported that no decision was made in Executive Session. The Committee discussed this resolution. They expressed their thoughts about why this resolution was on the agenda, about whether or not this resolution is needed in light of the City’s Anti-Bias resolution and about whether or not the resolution has the best wording possible to express the City’s stand on this matter. After further discussion, Alderperson McGonigal made a motion to table this agenda item until the next meeting to allow time for the resolution to be drafted with clearer language. Seconded by Alderperson Kerslick. Motion carried unanimously. 3United States Department of Homeland Security, Policies for the Apprehension, Detention and Removal of Undocumented Immigrants, (Nov. 20, 2014), at p. 3 <https://www.dhs.gov/sites/default/files/publications/14_1120_memo_prosecutorial_discretion.pdf>. City Administration Committee Meeting January 18, 2017 Page 5 3.3 Support of Issuing Driver’s Licenses to New York State Residents Regardless of Immigration Status Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, many New Yorkers are being denied access to driver’s licenses that they urgently need to drive to work, buy groceries, take their children to school, travel to appointments, attend religious worship, or take family members to hospitals in case of emergencies, and WHEREAS, many New Yorkers who cannot obtain driver’s licenses because of their immigration status live in fear that they will be arrested during a routine traffic stop, and because they do not have a driver’s license they will be vulnerable to deportation and being separated from their families, and WHEREAS, licensing drivers improves public safety by ensuring that everyone driving on our roads is properly licensed, informed of our traffic laws, and is operating a registered, inspected, and insured vehicle, and WHEREAS, licensed drivers are more likely to stay at the scene of an accident to aid police and emergency workers and to exchange insurance information with other affected motorists; and WHEREAS, licensed drivers who witness crimes will be more comfortable reporting them to the police and cooperating in investigations, and WHEREAS, allowing immigrants to obtain a driver’s license regardless of immigration status would mean an increase in revenue for New York State from license and registration fees; and WHEREAS, removing immigration status barriers to driver’s licenses will reduce the number of accidents involving uninsured motorists, leading to lower auto insurance premiums for all New Yorkers, and WHEREAS, there are twelve states across the United States that already provide access to licenses to all residents, regardless of immigration status, including our neighboring states of Connecticut and Vermont; now, therefore, be it RESOLVED, That the Common Council expresses our collective desire for safety and security for all of our residents and, further, our commitment to pursuing the common good by ensuring shared resources such as roads and highways be accessed and utilized responsibly and safely, and be it further RESOLVED, That the Common Council recognizes immigration law to be a federal concern, and be it further RESOLVED, That the Common Council calls upon the New York State legislature and Governor Cuomo to promptly ensure the issuance of driver’s licenses to all qualified New York residents, regardless of immigration status, and be it further RESOLVED, That the City Clerk forward a true copy of this Resolution to Governor Cuomo, Assemblywoman Barbara Lifton, and State Senator Tom O’Mara. City Administration Committee Meeting January 18, 2017 Page 6 A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 Fire – Amendment to Budget for Purchase of Fire Police Vehicle Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, the Ithaca Fire Police is a unit of the Ithaca Fire Department comprised of members of Neriton Fire Company No. 9, and WHEREAS, the Ithaca Fire Police Unit responds to emergencies requiring traffic and crowd control, and WHEREAS, the work of the Fire Police involves the use of barricades, flares, portable traffic control signs, scene lighting, and traffic cones, and WHEREAS, the Ithaca Fire Department does not have a vehicle to permanently store and make available for use for carrying traffic control equipment, and WHEREAS, the members of the Fire Police Unit currently use their personal vehicles to transport traffic control equipment to emergency incidents, and WHEREAS, on May 4, 2016, the Common Council authorized by resolution to accept up to twenty thousand dollars ($20,000) from Neriton Fire Company No. 9 to fund the purchase of a used vehicle, and WHEREAS, the Fire Chief and the members of Neriton Fire Company No. 9 have been unable to find a used vehicle acceptable for use as a Fire Police Vehicle, and WHEREAS, Neriton Fire Company No. 9 has offered to fund the purchase of a new vehicle, up to forty- one dollars ($41,000), and WHEREAS, Neriton Fire Company No. 9 has also offered to provide funding for retrofitting, and major repairs of the Fire Police vehicle, and WHEREAS, the City Attorney has recommended that the Fire Police Vehicle be owned by the City of Ithaca for it to be eligible for insurance and registration under the City of Ithaca, and WHEREAS, the Fire Police Vehicle, when not in use, will be parked or stored on City owned property, and WHEREAS, the Fire Chief supports the request of Neriton Fire Company No. 9 to purchase a new vehicle for the Fire Police Unit; now, therefore, be it City Administration Committee Meeting January 18, 2017 Page 7 RESOLVED, The Common Council of the City of Ithaca approves the acceptance of funds from Neriton Fire Company No. 9 for the purchase of a new vehicle for the Fire Police Unit, and, be it further RESOLVED, That Common Council hereby amends the 2017 authorized Fire Department Budget to account for the Fire Vehicle donation as follows: Increase Revenue Account: A3410-2705-12250 Donations $55,000 Increase Appropriation Account A3410-5215-12250 Vehicles $41,000 A3410-5476-12250 Equipment Maint. $14,000 and, be it further RESOLVED, The cost of registration, insurance, fuel and routine maintenance will be paid for out of existing Fire Department funding, and, be it further RESOLVED, The Common Council authorizes the purchase of a Fire Police Vehicle at a cost not to exceed funds provided by Neriton Fire Company No. 9, and, be it further RESOLVED, The Common Council authorizes the retrofitting and major repairs of the Fire Police Vehicle not to exceed funding provided by Neriton Fire Company No. 9. A vote on the resolution resulted as follows: Passed unanimously. 5. CA Work Plan The Committee discussed some of the items that may come before the City Administration Committee in 2017. Items such as:  Shopping cart issue – amend current policy;  City Committees/Boards Reorganization;  Law Enforcement Shared Services;  Law against dogs on the Commons;  Signage on Commons – invite Commons Police Officer to meeting to discuss;  Statement of support for indigenous people – Alderperson Nguyen agreed to draft;  Member file deadline – include information in packet so public can see it;  City Drug Policy. 6. Committees Working Group Chairperson Mohlenhoff reported that the following timeline was drafted today: City Administration Committee Meeting January 18, 2017 Page 8  March: present draft and proposed Committee/Board structure to the Committee of the Whole (COW). Information would be given to Senior Staff to provide feedback;  April: communicate the proposed structure change to staff and the public;  May/June: put item on the agenda for the City Administration Committee;  June/July: put item on the agenda for Common Council. If the proposed structure change must go to referendum, file appropriate paperwork with the Board of Elections. 7. Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Dates (2017): February 15th, March 15th, April 19th, May 17th, June 21st, July 19th, August 16th, September 20th, October 18th, November 15th, December 20th . These are the Committee dates for 2017. Any changes that need to be made should be communicated to the Chair. 7.3 Review, Agenda Items for Next Meeting. None. 7.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 7:51 p.m.