HomeMy WebLinkAboutMN-CA-2007-11-01CITY ADMINISTRATION COMMITTEE
Regular Meeting
November 28, 2007
Members
Present: Alderperson Coles, Alderperson Zumoff, Alderperson Townsend, Alderperson
Tomlan, Alderperson Gelinas, Mayor Peterson
Staff
Present: Karen Friedeborn (Youth Program Administrator), Dan Hoffman (City Attorney),
Tim Logue (Traffic Systems Engineer), Debra Parsons (City Chamberlain), Lisa
Nicholas (Planner), Erik Whitney (Asst Supt of W &5), Scott Gibson (Environmental
Engineer), Ruth Aslanis (GI5 Administrator), Steve Thayer (Controller), Scott
Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Leslie
Moskowitz (Mgr of Organizational Development), Denise Malone (HR Executive
Assistant)
Others
Present: Leslie Spurgin of Ciaschi, Dietershagen, Little and Mickelson, Members of the
Public, Members of the Media
Chairperson Coles called the meeting to order at 7:07 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 reported that the Youth Bureau would be added to the agenda as Item 17 and
that Item 15 - Police Department would be removed from the agenda.
4. Approval of Minutes
Alderperson Gel inas made a motion to approve the minutes from the October 24, 2007 meeting.
Seconded by Alderperson Tomlan. Motion carried 5 -0.
5. Statements from the Public. None.
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November 28, 2007
Page 2
6. Employee Comments. None.
7. Common Council Response. None.
8. Workforce Diversity Committee. None.
9. Safety Committee. None.
10. Communication Committee. None.
11. Department of Public Works
1. Request to Establish Capital Project for Pedestrian and Traffic Safety
Improvements to the Intersection of Route 79 (Hector and West State Streets),
Floral Avenue and Elm Street
Moved by Alderperson Gelinas. Seconded by Alderperson Zumoff.
WHEREAS, Section 14 -k of the Transportation law establishes the Multi -Modal
(MM) Programs 1,2,3 and 4 that may fund eligible project costs through the
Thruway or Dormitory Authority (DASNY) bond funding (as applicable) for capital
projects approved by the Commissioner of Transportation, and
WHEREAS, the City of Ithaca has been awarded a $250,000 from the New York
State Multi -Modal Program for pedestrian and traffic safety improvements at the
intersection of Route 79 (Hector and West State Street), Floral Avenue and Elm
Street, and
WHEREAS, Common Council is desirous of progressing this reimbursement project;
now, therefore be it
RESOLVED, That Common Council hereby establishes Capital Project # 740
Pedestrian and Traffic Safety Improvements to Intersection at Floral Ave, Elm
St. & West State Street in the amount not to exceed $250,000 for the purposes
of designing and constructing such improvements, and be it further
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November 28, 2007
Page 3
RESOLVED, That funding for said Capital Project shall be derived from a General
Fund Advance and later repayment from the issuance of Serial Bonds with the
understanding that all eligible expenses will be reimbursed by the MM Program,
and be it further
RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter
into any and all agreement(s) with the State of New York related to this project,
upon review by the City Attorney, and be it further
RESOLVED, That this project be undertaken with the understanding that the final
cost of the Project to the City of Ithaca will be roughly 0% of said portion,
currently estimated at $0 of the $250,000 authorized for this portion of the
project, in monies and in -kind services as managed by the Superintendent of Public
Works and monitored by the City Controller.
A vote on the resolution resulted as follows:
Passed unanimously.
2. Re- authorization of Bicycle Plan Capital Project #325
Moved by Alderperson Gelinas. Seconded by Alderperson Tomlan.
WHEREAS, the Common Council originally authorized a Bicycle Master Plan Capital
Project in the amount of $80,000 in 1996, and
WHEREAS, the Common Council re- authorized the capital project in August 6,
2003 in the amount of $100,000 with the understanding that 80% of the project
costs would be reimbursed with federal funds, and
WHEREAS, the City's Bicycle Master Plan was completed at a cost of $20,000, for
which 80% or $16,000 was received in federal reimbursement, and
WHEREAS, on August 15, 2007, City staff submitted a draft design report to the
New York State Department of Transportation in order to implement a bicycle
project in accordance with the Procedures for the Local Administration of
Federal -Aid Projects, and
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November 28, 2007
Page 4
WHEREAS, City staff is being told by NYSDOT staff that the balance of federal
funding ($64,000) is no longer available, and
WHEREAS, Common Council still desires to advance the above project by
expending the previously authorized capital project without the federal
reimbursement; now, therefore, be it
RESOLVED, That Capital Project # 325 is hereby re- authorized in the amount not
to exceed $80,000, for the purposes of implementing parts of the Bicycle Plan as
managed by the Department of Public Works, and be it further
RESOLVED, That in the event that federal funds remain available for this project,
Common Council directs City staff to apply for federal -aid reimbursement with the
City share of said project not exceeding 20% or $16,000 with the remaining 80%
or $64,000 being federally funded, and be it further
RESOLVED, That in the event that federal funds are not available (the more likely
of the two scenarios), Common Council understands that the City of Ithaca shall
bear the full cost of the project, not to exceed $80,000, and be it further
RESOLVED, That the sum of $80,000 is funded by the issuance of serial bonds.
After discussion, Alderperson Zumoff made a motion to amend the 3rd Resolved as
follows:
RESOLVED, That in the event that federal funds are not available, Common Council
understands that the City of Ithaca shall bear the full cost of the project, not to
exceed $80,000, and be it further
Seconded by Alderperson Townsend. A vote on the motion was as followed:
Ayes (1): Zumoff
Nays (4): Coles, Gelinas, Tomlan, Townsend
Motion failed 1 -4.
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November 28, 2007
Page 5
A vote on the main motion as amended resulted as follows:
Ayes (4): Coles, Gelinas, Tomlan, Townsend
Nays (1): Zumoff
Motion passed 4 -1.
3. Request to Amend Capital Project for Miscellaneous Plant Improvements at the
Ithaca Area Wastewater Facility CP 416J
Moved by Alderperson Zumoff. Seconded by Alderperson Gelinas.
WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of some
Capital Improvements, and
WHEREAS, staff in association with the Plant's consulting engineers, Stearn's &
Wheler, LLC have estimated the cost of the miscellaneous plant improvements to
be $1,300,000, and
WHEREAS, the allocation of costs for said project shall be as follows:
Roof Leaks at Skylights
$ 400,000
Digester Brick Repair
260,000
Concrete Deterioration (ASR)
160,000
Concrete Deterioration Cracks & Leaks
240,000
Miscellaneous Structural Repairs
35,000
Concrete Deck Water Proofing
120,000
Contingency, Legal, Administrative, Engineers
85,000
$1,300,000
and
WHEREAS, the Special Joint Committee (SJC) approved said project at its
meeting of November 14, 2007; now, therefore be it
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November 28, 2007
Page 6
RESOLVED, That Common Council hereby recommends an amendment to Capital
Project 416J Miscellaneous IAWWTP Improvements in an amount not to exceed
$1,300,000 for a total Project authorization of $1,374,000, and be it further
RESOLVED, That Common Council authorizes this project contingent upon action
by all wastewater partners committing their percentage of reimbursement shares
to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows:
Municipality
City of Ithaca
Town of Ithaca
Town of Dryden
and be it further
Percentage
57.14
40.88
1.98
Project Cost
$742,820
531,440
25,740
$1,300,000
RESOLVED, That the Common Council recommends financing be done by the
issuance of Serial Bonds for the entire project with reimbursement from each
partner per allocated cost, and be it further
RESOLVED, That Common Council hereby recommends a $7,000 increase to the
previously authorized engineering services agreement with Stearns & Wheler, LLC
for additional engineering services to this project in the total contract cost not to
exceed $81,000.
A vote on the resolution resulted as follows:
Passed unanimously.
4. Request for Changes to Water and Sewer Roster - Addition of one (1) GIS Map
Technician, and two (2) GIS Specialist to Water and Sewer Roster
Moved by Alderperson Zumoff. Seconded by Alderperson Townsend.
WHEREAS, the City of Ithaca DPW Water & Sewer Division has had a vacancy in
the GIS Specialist position and since the process of filling this position has
provided an opportunity to evaluate staffing needs and improve the makeup of the
GI5 Team, and
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November 28, 2007
Page 7
WHEREAS, there is a continued need for GIs professionals at various skill levels
to accomplish the work of the GIs Plan, and
WHEREAS, it has been determined that at present, staffing needs would be
better met with a lower skilled entry level position and a new mid -level GIs
professional position, and
WHEREAS the Civil Service Commission, on November 7, 2007 approved the
amendment of the title to the current GIs Specialist position to Senior GIs
Specialist and approved a new position taking the title of GIs Specialist, at a lower
level of expertise than Senior GIs Specialist, and at a greater level of expertise
than the current GIs Data Development Specialist and GIs Database Programmer
positions, and
WHEREAS the renamed position, Senior GIs Specialist, will remain on the roster
vacant and unfunded and will remain vacant unless one of the two GIs Specialist
positions being added is removed from the roster, and
WHEREAS, the GIs Mapping Technician has not been a funded position on the
roster of the Water & Sewer Division; now, therefore be it
RESOLVED, That the Common Council hereby amends the 2008 authorized Water
and Sewer Personnel Roster as follows:
Add: One (1) Senior GIs Specialist (40 hours) unfunded and vacant
One (1) GIs Mapping Technician (40 hours)
Two (2) GIs Specialist (40 hours)
Delete: One (1) GIs Data Development Specialist (40 hours)
Delete: One (1) GIs Database Programmer (40 hours)
and, be it further
RESOLVED, that the positions of Senior GIs Specialist, GIs Specialist and GIs
Map Technician be assigned to the CSEA Administrative Unit at the following
grades:
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November 28, 2007
Page 8
Senior GIS Specialist - Grade 19
GIS Specialist - Grade 15
GIS Map Technician - Grade 11
and be it further
RESOLVED, That funding for said roster amendment shall be derived within
existing 2008 Water and Sewer Budgets.
A vote on the resolution resulted as follows:
Passed unanimously.
12. Attorney's Office
1. A Local Law to Provide for Stormwater Management
The city Attorney explained that: in order for Common Council to act on December
5 -2007, the proposed local law needed to be laid on Council desks by November 26.
The Board of Public Works had a special meeting on November 20 at which it
recommended a revision to section 282 -8 B which would name the Stormwater
Management Officer(s).
As it turned out, the Board of Public Works' recommended version was laid on the
Council's desks. The Mayor prefers the earlier version which allows her to
designate the Stormwater Management Officer by January 8 -2008 (the date when
the new stormwater legislation must be in effect).
Therefore, the committee should work from the version laid on Council's desks
Moved by Alderperson Tomlan. Seconded by Alderperson Zumoff.
Draft 11/19/07
LOCAL LAW NUMBER OF 2007
A Local Law to Provide for Stormwater Management
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November 28, 2007
Page 9
WHEREAS, the City of Ithaca is a permitted small Municipal Separate Stormwater
Sewer System (M54) under State and Federal Stormwater Phase II regulations
for stormwater discharges; and,
WHEREAS, the City of Ithaca received State Pollutant Discharge Elimination
System (SPDES) permit coverage through the New York State Department of
Environmental Conservation (NYSDEC) on March 10, 2003; and
WHEREAS, said permit requires the City to develop a stormwater management
and regulation plan, including therein stormwater regulations adequate to protect
quality of life, through the control of illicit discharges and stormwater runoff
during and after construction; and
WHEREAS, the deadline for submission to the NYSDEC of the City's Stormwater
Management and Regulation Plan, including its Stormwater Regulations, is January
8, 2008; and
WHEREAS, this proposed local law incorporates or exceeds the requirements of
the state and federal stormwater program;
NOW THEREFORE be it enacted by the Common Council of the City of Ithaca as
follows:
CITY OF ITHACA
LOCAL LAW NUMBER OF 2007
STORMWATER REGULATIONS
Section 1. The Code of the City of Ithaca is hereby amended by adding a new
Chapter, Chapter 282, entitled "Stormwater Regulations," as follows:
[[Text of remainder of section is continued in draft dated 11 -19 -07 except that
section 282 -8 B in that draft should read: The Building Commissioner of the City
of Ithaca shall be the stormwater management officer who shall administer,
implement and enforce the provisions of this article, except that the
Superintendent of Public Works of the City of Ithaca shall be the SMO who shall
administer, implement and enforce the provisions of this article with respect to all
land development activities to be undertaken by the City of Ithaca.]]
City Administration Committee Meeting
November 28, 2007
Page 10
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 be effective upon filing with the office of the Secretary of
State.
After discussion, Alderperson Zumoff made a motion to amend the Local Law as
follows:
Section 3. Effective Date
This Local Law shall be effective upon filing with the office of the Secretary of
State or as of January 8, 2008, whichever is later.
Page 17, Section 282 -8. Administration, Paragraph B: The Mayor, on behalf of the
City of Ithaca, and, in consultation with the Superintendent of Public Works and
the Building Commissioner, shall designate a Stormwater Management Officer
(SMO), who shall administer, implement and enforce the provisions of this article.
Seconded by Alderperson Tomlon. Motion carried 5 -0.
A vote on the main motion as amended resulted as follows:
Passed unanimously.
13. Chamberlain's Office
1. Local Law to Increase Income Limits for Eligibility for the Disability Real Property
Tax Exemption
Moved by Alderperson Zumoff. Seconded by Alderperson Townsend.
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November 28, 2007
Page 11
Pursuant to an increase in the income ceilings at the State level for disability tax
exemptions, section 300- 26(B)(1) of Article V entitled Disability Exemption of the
City of Ithaca Municipal Code shall be amended to increase the amount of the
partial real property tax exemption for certain disabled persons, as follows:
B. Exemption granted.
(1) Pursuant to the provisions of § 459 -c of the Real Property Tax Law of the
State of New York, real property located in the City of Ithaca owned by one or
more persons, each of whom is disabled and whose income is limited by reason of
such disability, or real property owned by husband and wife, or siblings, one of
whom is disabled and whose income is limited by reason of such disability, shall be
partially exempt from taxation by said city for the applicable taxes specified in §
459 -c based upon the income of the owner or combined income of the owners. Such
partial exemption shall be to the extent set forth in the schedule following:
Annual Income of Owner Percentage Assessed or Combined Annual Valuation
Exempt Income of Owners From Taxation
Up to but less than $27,000 [$26,000] 50%
Up to but less than $28,000 [$27,000] 45%
Up to but less than $29,000 [$28,000] 40%
Up to but less than $30,000 [$29,000] 35%
Up to but less than $30,900 [$29,900] 30%
Up to but less than $31,800 [$30,800] 25%
Up to but less than $32,700 [$31,700] 20%
Up to but less than $33,600 [$32,600] 15%
Up to but less than $34,500 [$33,500] 10%
Up to but less than $35,400 [$34,400] 5%
Section 2. Severability Clause.
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 immediately in accordance with law upon filing with
the Secretary of State.
City Administration Committee Meeting
November 28, 2007
Page 12
A vote on the resolution resulted as follows:
Passed unanimously.
2. Ordinance in Increase Income Limits for Eligibility for the Real Property Tax
Exemption for Persons over 65
Moved by Alderperson Zumoff. Seconded by Alderperson Townsend.
Section 1.
Pursuant to an increase in the income ceilings at the State level for tax exemptions
for senior citizens, sections 300- 1(A)(1) and 300 -2(A) of Article I entitled Senior
Citizens
Exemption of the City of Ithaca Municipal Code shall be amended to increase the
amount of the partial real property tax exemption for certain senior citizens, as
follows:
§ 300 -1. Exemption granted.
A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State
of New York, real property in the City of Ithaca owned by one or more persons,
each of whom is 65 years of age or over, or real property owned by husband and
wife or by siblings, one of whom is sixty -five years of age or over, shall be partially
exempt from taxation by the city based upon the income of the owner or the
combined incomes of the owners.
(1) Such partial exemption shall be to the extent set forth in the schedule
following:
Annual Income of Owner or Assessed Valuation
Combined Annual Income of Owners Exempt From Taxation
Up to but less than $27,000 [$26,000] 50%
Up to but less than $28,000 [$27,000] 45%
Up to but less than $29,000 [$28,000] 40%
Up to but less than $30,000 [$29,000] 35%
Up to but less than $30,900 [$29,900] 30%
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November 28, 2007
Page 13
Up to but less than $31,800 [$30,800] 25%
Up to but less than $32,700 [$31,700] 20%
Up to but less than $33,600 [$32,600] 15%
Up to but less than $34,500 [$33,500] 10%
Up to but less than $35,400 [$34,400] 5%
(2) The partial exemption provided by this article shall, however, be limited to such
property and persons as meet the conditions, exclusions and limitations set forth in
§467 of the Real Property Tax Law of the State of New York.
§ 300 -2. Limitations on exemption.
No exemption shall be granted:
A. If the income of the owner or the combined income of the owners of the
property exceeds the sum of $35,400 [$34,400] for the income tax year
immediately preceding the date of making application for exemption as consistent
with the schedule provided in
5 300 -1A. "Income tax year" shall mean a twelve -month period for which the owner
or owners filed a federal personal income tax return or, if no such return is filed,
the calendar year. Where title is vested in either the husband or the wife, their
combined income may not exceed such sum. Such income shall include social
security and retirement benefits, interest, dividends, total gain from the sale or
exchange of a capital asset in the same income tax year, net rental income, salary
or earnings and net income from self - employment but shall not include a return of
capital, gifts or inheritances. In computing net rental income and net income from
self - employment, no depreciation deduction shall be allowed for the exhaustion,
wear and tear of real or personal property held for the production of income.
Section 2. Severability.
If any section, sentence, clause or phrase of this law is held invalid or
unconstitutional by any court of competent jurisdiction, it shall in no way affect
the validity of any remaining portions of this law.
Section 3. Effective Date.
This Ordinance shall take effect immediately in accordance with law upon
publication of a notice as provided in the Ithaca City Charter.
City Administration Committee Meeting
November 28, 2007
Page 14
A vote on the resolution resulted as follows:
Passed unanimously.
3. Aged and Disability Assessment Exemption; Cold War Veteran Exemptions -
Discussion
New York State increased the income limits to qualify for real property tax
exemption for persons over 65 and for persons with disabilities by $1,000 for each
level. The disability exemption requires a local law. The aged exemption has been
changed by an ordinance in the past. The change will affect 2008 Assessment Role
for the 2009 taxes. The Assessment Department estimates a reduction of $8,000
in taxes based on the new limits. Tompkins County has adopted the new limits.
The legislature also passed a new Veteran's exemption. Currently, the City offers
a 15% exemption to veterans who served during the time of war, with a maximum
exemption of $12,000, 25% if the veteran served in combat zone with a maximum
of $20,000 and an exemption equal to 50% of the veteran's disability rating with a
maximum of $40,000 if the veteran suffered combat related disability. The dates
of service that qualify were listed on the spreadsheet. The new exemption
extends eligibility to other veterans who served during the Cold War (September
2, 1945 to December 26, 1991).
City Chamberlain Parsons listed options for 10% exemption and for 15% exemption.
Tompkins County tabled discussion on the exemption until a final version of the tax
law is available. Any changes to the exemptions must be enacted by February 1,
2008, to affect the 2008 Assessment roll.
4. Report on Credit Card Use - Discussion
City Chamberlain Parsons looked into the City's current acceptance of credit cards
and the resulting fees. To date, the City has spent over $5,000 on credit card fees
at the golf course, Cass Park, Youth Bureau and the parking garages and pays over
2 4% of the total charged on credit cards for the processing fee.
Applying the 28% of the golf course revenue charged to the total taxes collected
in 2007, the City can expect to collect $4,441,055 in taxes by credit cards.
Applying the 2 14-%, the City can expect to pay $99,923 in credit card fees.
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November 28, 2007
Page 15
Subtract from the total collected our estimate of 25% for escrowed tax accounts
or about $4,000,000, the City could still expect to pay about $75,000 in fees just
for property taxes. We would have to accept credit cards for all of our collections
including trash tags, water bills, and parking tickets. We would have to budget
$100,000 to $125,000 for the first year, should we decide to accept credit cards.
Accepting credit cards for these types of bills has little benefit to the City. We
do get a lot of requests to accept credit cards, and at some point, will need to
address this issue.
14. Planning Department
1. Authorization of Grant Submission to the NYS Department of State 2007
Environmental Protection Fund (EPF) Local Waterfront Revitalization Program for
the Construction of a Portion of the Cayuga Waterfront Trail and the Creation of a
;green street' along Willow Avenue and an Increase in Capital Project # 445
Moved by Alderperson Tomlan. Seconded by Alderperson Zumoff.
WHEREAS, the New York State Department of State has announced the
availability of grant applications under the 2007 Environmental Protection Fund's
Local Waterfront Revitalization Program, and
WHEREAS, in September 2007 City completed the Cayuga Waterfront Trail Phase
3 Feasibility Study, which was funded under the same grant program, and
WHEREAS, the Common Council is desirous of submitting an application to
implement the feasibility study for the construction of the Cayuga Waterfront
Trail Phase 3 and the creation of a "green street" along Willow Avenue
WHEREAS, total construction cost to implement said feasibility study is estimated
at $157,940 with 50% of the cost paid by New York State and a matching City
cost; now, therefore, be it
RESOLVED, That the Director of Planning & Development for the City of Ithaca,
is hereby authorized and directed to file an application for funds from the New
York State Department of State in accordance with the provisions of Title 11 of
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November 28, 2007
Page 16
the Environmental Protection Act of 1993 in an amount not to exceed $78,970, and
upon approval of said request the Mayor is authorized to enter into and execute a
project agreement with the State for such financial assistance to the City of
Ithaca for the construction of a portion of the Cayuga Waterfront Trail and the
creation of a "green street" along Willow Avenue, and be it further
RESOLVED, That the local share of this grant application will be derived from City
of Ithaca financing, and be it further
RESOLVED, That Common Council hereby amends Capital Project #445 by an
amount not to exceed of $157,940 for a total project authorization of $2,542,816,
and be it further
RESOLVED, That the additional $157,940 shall be funded up front by the City
with the later repayment of $78,970 by New York State, and be it further
RESOLVED, That the City's $78,970 final cost shall be derived from a General
Fund advance with later repayment by the issuance of Serial Bonds.
A vote on the resolution resulted as follows:
Passed unanimously.
15. Police Department
1. Presentation /Discussion of IPD Central Command Vehicle. This item was removed
from the agenda.
16. Common Council
1. The Serious Local and Statewide Problems Caused by Worker Misclassification and
Recommendations for Dealing with these Problems
Moved by Alderperson Gelinas. Seconded by Alderperson Townsend.
WHEREAS, misclassification occurs when, in the hiring process, an employer
improperly classifies a worker as an independent contractor, and
City Administration Committee Meeting
November 28, 2007
Page 17
WHEREAS, responsible employers may misclassify workers accidentally, less
scrupulous employers are willing to risk possible penalties and intentionally
misclassify workers because misclassification results in lower labor costs, limited
liability, and unfair competitive advantage, and
WHEREAS, a study conducted by Cornell University's School of Industrial Labor
Relations based on audits conducted by New York State's Department Of Labor
Unemployment Insurance Division from 2002 -2005 found that an estimated
39,587 New York employers within the audited industries misclassified workers as
independent contractors each year, and that approximately 14.9% of these were
construction industry employers, and
WHEREAS, the Cornell Study further established that approximately 704,785
workers, or 10.3% of New York State's private sector workforce in these audited
industries are misclassified each year, and
WHEREAS, approximately 45,474 construction workers or 14.8% of the
construction workforce in New York State are misclassified in a given year, and
WHEREAS, misclassification denies many workers protections and benefits to
which they are entitled; enables unscrupulous employers to ignore labor standards;
destabilizes the business climate by creating an un -even playing field for law -
abiding businesses who face unfair competition, and
WHEREAS, for all New York State tax payers, misclassification costs government
at all levels substantial, uncollected revenues and resources needed for vital
programs and services amounting to $175 million in unemployment insurance taxes
each year; now, therefore, be
it
RESOLVED, The Mayor and the Common Council of the City of Ithaca, New York
urge Governor Eliot Spitzer, State Senator George Winner and Assemblywoman
Barbara Lif ton to enforce State Labor Laws fully, especially in those industries
where misclassification is endemic; that State Labor guidelines be clarified; that
employee protections be extended to independent contractors; that more
resources be allocated for enforcement of labor laws; that state agencies be urged
City Administration Committee Meeting
November 28, 2007
Page 18
to engage in information sharing; that outreach and education efforts currently in
place on this issue be extended, and, be it further
RESOLVED, That the City Clerk send copies of this resolution to Governor Eliot
Spitzer, Senator George H. Winner and Assemblywoman Barbara Lif ton.
A vote on the resolution resulted as follows:
Passed unanimously.
17. Youth Bureau
1. Request to Amend 2008 Youth Bureau Budget
Moved by Alderperson Zumoff. Seconded by Alderperson Townsend.
WHEREAS, the Ithaca Youth Bureau has been advised by the U.S. Department of
Education that they have been awarded a $169,395 Safe and Drug -Free Schools
and Communities Mentoring Program grant, and
WHEREAS, the federal fiscal year is October 1St - September 30th , and said
funding will be expended during both the 2007 and 2008 City of Ithaca fiscal
years, and
WHEREAS, the goal of this funding is to provide long -term mentoring and
academic support for 50 middle school youth through the Youth Bureau College
Discovery Program and Paul Schreurs Memorial Program, and
WHEREAS, grant funding is available to hire a full -time roster Youth Program
Leader to serve as Mentoring Match Manager for the College Discovery Program,
and
WHEREAS, there is a vacant Youth Program Leader position on the Youth Bureau
roster; now, therefore be it
RESOLVED, that Common Council hereby amends the 2008 Youth Bureau Budget to
account for said new funding for the position as follows:
City Administration Committee Meeting
November 28, 2007
Page 19
Increase Revenue Account:
A7310- 4820 -1240
Increase Expense Account
A7310-
5110 -1240
A7310 -9010
A7310 -9030
A7310 -9040
A7310 -9060
A vote on the resolution resulted as follows:
18. Human Resources
Federal Aid $38,927
Staff Salary $27,608
Retirement 2,209
FICA 2,113
Workers Comp 1,380
Health Insurance 5,617
Passed unanimously.
1. Request Increase for Employee Flexible Spending Account
Moved by Alderperson Zumoff. Seconded by Alderperson Tomlan.
WHEREAS, the City of Ithaca instituted a Flexible Spending Account for
unreimbursed medical expenses in April 2002, and
WHEREAS, the City established a two thousand dollar ($2,000) before tax limit
for employee deductions, and
WHEREAS, the Flexible Spending Account for unreimbursed medical expenses has
been in effect for several years without incident, and
WHEREAS, the City Controller and the Human Resources Director are therefore
recommending that the amount be raised from $2000 to $2500, now therefore be
it
RESOLVED, That Common Council hereby authorizes a $500 increase for the
Flexible Spending Account, from $2000 to $2500 for unreimbursed medical
expenses.
City Administration Committee Meeting
November 28, 2007
Page 20
A vote on the resolution resulted as follows:
Passed unanimously.
2. Change in Fringe Benefits for Managerial Personnel
Moved by Alderperson Zumoff. Seconded by Alderperson Tomlan.
WHEREAS, the City of Ithaca entered into a Collective Bargaining Agreement
(CBA) with the CSEA Administrative Unit on September 14, 2007, and
WHEREAS, the CBA eliminates Lincoln's birthday and adds a Floating Holiday for
employees covered under this agreement, and
WHEREAS, it is the City of Ithaca's desire to provide services on Lincoln's
birthday, as does all other local employer's, and
WHEREAS, the Fringe Benefits for Managerial Personnel include recognition of
Lincoln's birthday and the City wishes to have managerial staff available on that
day to provide services; now, therefore be it
RESOLVED, That Common Council hereby authorizes the elimination of Lincoln's
birthday in the Fringe Benefits for Managerial Personnel and adds one (1)
additional annual leave day to be applied on February 1St of each year.
A vote on the resolution resulted as follows:
Passed unanimously.
3. Donation of Fringe Benefits for Managerial Personnel
Moved by Alderperson Tomlan. Seconded by Alderperson Zumoff.
WHEREAS, the Fringe Benefits for Managerial Personnel allows management to
donate up to forty hours of sick leave to other managerial employees who have
exhausted their time due to a prolonged illness, and
WHEREAS, a managerial employee who is retiring in February of 2008 has asked
for an exception to the Fringe Benefits for Managerial Personnel to allow a
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November 28, 2007
Page 21
donation of more than forty hours for a long term managerial employee who has
had an extended medical leave, and
WHEREAS, the retiring employee wishes to, instead of buying health insurance
upon retirement, donate the balance, after cashing in the amount allowed, to the
employee in need; now therefore be it
RESOLVED, That Common Council hereby authorizes this one -time exception to
the Fringe Benefits for Managerial Personnel and allows a donation of more than
forty hours.
A vote on the resolution resulted as follows:
Passed unanimously.
4. Director's Report. HR Director Michell -Nunn reported on the following:
Flu Shot Clinic: Sixty -four employees participated in the flu shot clinic. This total
does not include Police or Fire.
Inter - municipal Training: The HR Department in conjunction with the Attorney's
Office, Planning Department and Building Department hosted 2 -two hour inter -
municipal training for zoning and planning. Sixty participants attended the two
sessions.
Supervisory Development Training: Twenty -seven supervisors participated in the
supervisory development training session on Human Resources and the Law. This
module educated our supervisors on legal matters that are related to supervising
employees.
Common Council Orientation: There will be an orientation for new Common Council
members at the beginning of next year. A planning meeting to discuss the
orientation will be on December 13th. Common Council members interested in giving
input were encouraged to attend the planning meeting as well as the new Common
Council orientation.
Classification Study: The classification study was put on hold while the State Civil
Service Department reorganized. After the reorganization, the State notified us
City Administration Committee Meeting
November 28, 2007
Page 22
that they were unable to complete the study due to the lack of staff. Thanks to
the persuasive efforts of Deputy HR Director Saul, she convinced the State to
fulfill their commitment to us. They did commit to the completing the
compensation study, but the City will have to hire someone to conduct the analysis
for the compensation study.
19. Finance /Controller's Office
1. Approval of 2005 Single Audit Report
Moved by Alderperson Townsend. Seconded by Alderperson Gelinas.
RESOLVED, That the Independent Auditor's Report for the period of January 1,
2005 through December 31, 2005, prepared by the accounting firm of Ciaschi,
Dietershagen, Little and Mickelson, C.P.A.'s, be accepted to comply with all of the
city's applicable Governmental Accounting Standards Board (GASB) Statement 34
and other related audit and single audit requirements.
A vote on the resolution resulted as follows:
Passed unanimously.
2. Approval of Bond Resolution
Moved by Alderperson Tomlan. Seconded by Alderperson Zumoff.
This resolution authorized the issuance of $5,031,352 Bonds of the City of Ithaca,
Tompkins County, New York, to pay the cost of certain Capital Improvements in and
for the City of Ithaca.
A vote on the resolution resulted as follows:
Passed unanimously.
3. Request to Amend 2007 Budget for Grant
Moved by Alderperson Zumoff. Seconded by Alderperson Townsend.
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November 28, 2007
Page 23
WHEREAS, the City received an anonymous $7,000 grant to perform invasive plant
removal in the City's natural areas, and
WHEREAS, the funds will also be used by the Natural Area Commission to hire a
contractor to conduct a natural area survey; now, therefore be it
RESOLVED, That Common Council hereby amends the 2007 Authorized Budget to
the natural Area's Account for the acceptance of said grant as follows:
Increase Revenue Account:
A7113 -2705 Six Mile Creek Gifts $7,000
Increase Appropriation Account:
A 7113 -5435 Six Mile reek Contracts $7,000
A vote on the resolution resulted as follows:
Passed unanimously.
4. Request Authorization to Cover Red Accounts
Moved by Alderperson Zumoff. Seconded by Alderperson Tomlan.
RESOLVED, that the City Controller be empowered to make transfers within the
2007 Budget appropriations, as needed, for the remainder of the 2007 Fiscal year.
A vote on the resolution resulted as follows:
Passed unanimously.
5. Request to Extend City and Town Fire Contract
Moved by Alderperson Tomlan. Seconded by Alderperson Zumoff.
WHEREAS, the current five year City of Ithaca and Town of Ithaca Fire
Protection Contract expires December 31, 2007, and WHEREAS, both sides have
met to negotiate a new contract but will not be able to complete the process prior
to December 31, 2007, and
City Administration Committee Meeting
November 28, 2007
Page 24
WHEREAS, the provisions of said contract will continue in force at the 2007
payment level while negotiations on the terms and conditions of a new contract
continue; now, therefore be it
RESOLVED, That the terms and conditions of the existing contract be extended
through March 31, 2008 per attached Memorandum of Understanding (MOU), and
be it further
RESOLVED, That Common Council authorizes the Mayor to execute the attached
MOU for said contract extension.
A vote on the resolution resulted as follows:
Passed unanimously.
6 Controller's Report. Controller Thayer reported on the following
Sales Tax Revenue: The City budgeted $10,880,000 for 2007. Compared to 2006,
collections for October 2007 were down about 5 %. The City will be about $54,000
short of the budgeted amount.
Building Permit Revenue: The City will be substantially ahead of the $1,050,000
budgeted amount by about $400,000.
Fine Revenues: The City budgeted $850,000 and expects to meet that number for
the first time since 1999.
Parking Revenues: Compared to 2006, parking meters are down about 1% or
$7,000. The City is still on pace to meet the budgeted amount for meters.
Dryden Road Garage Parking Revenues: Compared to 2006, revenues for the
Dryden Road Parking Garage are up about $2,000. The City budgeted $1,506,000
and should be about that if our current pace continues.
Health Insurance: Health insurance cost has remained high for five consecutive
months. The City budgeted $6,100,000 and is on pace to exceed that amount by
$100,000. Should be okay when the employee contributions are factored in.
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November 28, 2007
Page 25
Overtime Cost: On pace to exceed the budget by $300,000.
General Revenue Sharing: The City will receive $2,250,000 from the state in mid
December. This is an increase in State aid payment. In getting the additional aid,
the City now has many new fiscal and financial requirements related to this aid
that are due by mid January.
Pension Payment: Pension payment is due to the state by February 1St. The City
will make the payment of $2,566,000 on or about December 15t ". By making the
payment early, the City saves about $25,000.
20. Reports
1. Mayor's Report. None.
2. Sub- Committee Updates. None.
3. Council Members' Announcements. None.
4. Next Month's Meeting: December 20, 2007.
21. Adjournment
With no further business and on a motion by Alderperson Townsend, the meeting was adjourned
at 10:23 p.m.