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HomeMy WebLinkAboutMN-CC-2021-09-01COMMON COUNCIL Voting Record Date: Wednesday September 1st 2021 Location: City Hall, 108 E. Green Street 3rd Floor, Council Chambers Meeting Called to order: 6:00 P.M. Meeting Adjourned: 9:30 P.M YouTube Link: https://www.youtube.com/watch?v=fb2TlEDLQy0&list=PLfplo_VA57eoynrqxkGvi11vxHlwByjZw&index=4 6 Attendance Record of Voting Members Name Present (In Person) Remote Absent / Excused Mayor- Svante Myrick X 1st Ward – Cynthia Brock X 1st Ward – George McGonigal X 2nd Ward – Joseph (Seph) Murtagh X 2nd Ward - Ducson Nguyen X 3rd Ward – Donna Fleming X 3rd Ward – Rob Gearhart X 4th Ward – Graham Kerslick X 4th Ward – Vacant 5th Ward – Debroah Mohlenhoff X 5th Ward – Laura Lewis X Total voting members for this meeting 9 Agenda Item 1.1 Additions to or Deletions from the Agenda YouTube Timestamp: 5:55 Discussion Summary: Seph Murtagh- vote taken on Northside Housing Resolution. Will be addressed under Planning Committee. Agenda Item 1.2 Proclamations/Awards YouTube Timestamp: 6:45 Discussion Summary: Presented by Mayor Svante Myrick. Award given to Former City Historian Mary Tomlan. Mayor Svante urged all in our community to thank and celebrate Mary’s numerous contributions to the city of Ithaca. Agenda Item 1.3 Special Presentations Before Council 1.3 (A) Reimagining Collaborative (Timestamp: 13:03) Presented by Schelley Michelle-Nun, Director of Human Resources and Liaison to Reimagining Public Safety Taskforce with a Slide Presentation. Acknowledged Colleagues and Team members Dominick Recckio, Deanna Carrithers and Melody Faraday Discussions continued with questions and comments from Council. Introduced website PUBLICSAFETYREIMAGINGIN.ORG 1.3 (B) Ithaca’s Farmers Market Redesign (Timestamp: 43:04) Presented by Lisa Nicholas Ithaca Planning Department. Presentation Slide show presented by Kate Chesbro and Tom Burket. Discussions continued with questions and comments from Council 1.3 (C) New Green Deal Update (Timestamp: 1:07:56) Slideshow Presentation presented by Director of Sustainability. Discussion continued with questions and comments from Council Agenda Item 1.4 Reports of Municipal Officials- No Reports Agenda Item 2.1 Petitions and Hearings of Persons from Council YouTube Timestamp: 1:49:57 Sue Holland – Historic Ithaca- East Hill Expansion Michael Beck- Historic Ithaca – East Hill Expansion Sarah Collata – Ithaca Green New Deal Siobhan Hull- Ithaca Green New Deal John Graves- Ithaca Green New Deal Hannah Brodsky- IGND Eva Tounard- IGND Irene Weiser- IGND Sharon Kaplan-not present Rene Carver- IGND Elisa Evett- IGND Lisa Marshall- Heatsmart Tompkins- IGND Zach Winn- Reimagining Public Safety/IPD/Law Enforcement Kareem Beers- IGND Elmer Ewing- IGND Agenda Item 2.2 Privilege of the Floor YouTube Timestamp: 2:34:08 Ducson Nguyen- Thanks Stephen Smith, Appreciates tonight’s presentations. George McGonigal- Thanks to Mary Tomlan Consent Agenda Agenda Items 3.1-3.3 YouTube Timestamp: 2:36:40 3.1 YB Amendment of 2021 Budget 3.2 Attorney’s Office- Amend 2021 Personnel Roster 3.3 HR- Authorization to Amend Dependent Care Flexible Spending Account Plans Motioned By: Deborah Mohlenhoff Seconded By: Graham Kerslick Discussion Summary: No Discussion Vote Pass: 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X City Administration Committee Agenda Item 4.1 DPW - Authorization of a Transportation Alternatives Program (TAP) Application – Black Diamond Trail YouTube Timestamp: 2:36:52 Motioned By: Deborah Mohlenhoff Seconded By: Graham Kerslick Discussion Summary: Tim Logue in attendance to respond to questions and comments from Council. Talked about the funding acquired and the agreement with NYS Parks. City’s cost reduced to $275,000, leaving the city with approximately 10% of the Project Costs. Deb Mohlenhoff stated language is being left in the Resolution as it is. Vote Pass: 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Agenda Item 4.2 Adjustment of the Managerial Compensation Plan, New Wellness Program, and Updated Sick Leave Buyout YouTube Timestamp: 2:43:58 Motioned By: Deborah Mohlenhoff Seconded By: Graham Kerslick Discussion Summary: No Discussion on Resolution. Quick reminder COW scheduled for September 22nd, preceded by Public Hearing and then discussion and vote on 5G Design Guidelines and City Administration Committee Meeting. Vote Pass: 9-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff X Laura Lewis X Agenda Item 4.3 City Controllers Report YouTube Timestamp: 2:50:28 Report: City Controller Thayer reported Departmental budgets, Capital Project Review Committee. Discussion with questions and comments from Council. Planning & Economic Development Committee Items Agenda Item 5.1 Expansion of the Local East Hill District YouTube Timestamp: 2:57:44 Motioned By: Joseph Murtagh Seconded By: Ducson Nguyen Discussion: Bryan McCracken present to take questions and comments from Council. Council raised questions about how property owners are affected, what merits the preserving or naming of an entire district rather than a particular property with the in district. Discussion continued with questions and comments from Council regarding property value and criteria established by the Landmarks Commission. Vote Pass: 8-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff Absent Laura Lewis X Reports from Council and Staff YouTube Timestamp: 3:13:34 Agenda Item 9.1 Reports for Special Committees- No Report Agenda Item 9.2 Reports for Council Liaisons YouTube Timestamp: 3:13:42 Cynthia- Waste Water Treatment Plant Board- working group is working with a small working group from the Farmers Market to go over the easement issues, will be working with members to negotiate with the village of Cayuga Heights to put in a Plant-to-Plant Agreement with the village of Cayuga Heights wastewater treatment plant. Attended a meeting for a Pilot Program the City of Ithaca Water Treatment Plant is participating in with New York State; city applied to be one of 25 water treatment plants in the state to put together a survey and analysis of watershed, look at local land use…work with city to address and fund projects to protect watershed. (Caroline, Dryden, Brooktondale, etc.) George McGonigal- Board of Public Works has not been meeting. There will be a meeting in two weeks. Streets and Facilities have been busy; Hudson Street and Hook Place has been repaved. Welcomed feedback from constituents on streetlights. Laura Lewis- IURA Liaison notes sent to council earlier today. There was a question raised for clarification in the IURA meeting having to do with the Inlet Island Vote to include ground level activity. Liaison minutes include an alternate development project from the IURA members. Nels and the Mayor can address at next PEDC meeting. Governor called the legislature back to discuss extending the eviction moratorium to the end of the year. Talked in detail about the distribution of ERAP funds towards rental arrears and prospective rents and utilities arrears. City Clerk – No Report City Attorney- No Report Meeting Adjourn YouTube Timestamp: 3:26:22 Moved By: Graham Kerslick Seconded By: Laura Lewis Vote Pass: 8-0 Member Approve Deny Abstain Table Cynthia Brock X George McGonigal X Joseph (Seph) Murtagh X Ducson Nguyen X Donna Fleming X Rob Gearhart X Graham Kerslick X VACANT Deborah Mohlenhoff Absent Laura Lewis X CONSENT AGENDA: CITY ADMINISTRATION COMMITTEE: 3.1 YB – Amendment of 2021 Budget WHEREAS, the Youth Bureau contracts with Cornell Sailing to provide a summer sailing camp; and WHEREAS, additional sessions were offered to accommodate increased interest this summer; and WHEREAS, received more than the projected revenue; and WHEREAS, the Youth Bureau will need to pay more than the projected contractual expense to honor the contract, now, therefore, be it RESOLVED, That the 2021 Youth Bureau Budget shall be amended as follows: Increase Expenses: A7310-5435-01569 $23,000 Increase Revenues: A7310-2001-01569 $23,000 3.2 Attorney’s Office - Amend 2021 Personnel Roster WHEREAS, the City Attorney’s Office previously contained two 40-hour Assistant City Attorney (“ACA”) positions (in addition to one 20-hour ACA position); and WHEREAS, one of those ACA positions was reduced to 32 hours at employee request approximately five years ago; and WEHEREAS that employee will soon depart City employment, and the Office is hiring a new employee to fill the resulting vacancy; and WHEREAS, the City Attorney recommends filling this vacancy as a 40-hour position; and WHEREAS, the City Attorney’s Office is additionally filling a new, 20-hour ACA position in the Office (in addition to the other, longstanding 20-hour ACA position), as previously funded and authorized in the 2021 budget, and the City Attorney will seek to create overlap between this new hire and the departing ACA; now, therefore, be it RESOLVED, That the Personnel Roster of the Attorney’s Office shall be amended as follows: Fund: One (1) Assistant City Attorney (40 hours), effective September 30, 2021 Defund: One (1) Assistant City Attorney (32 hours), effective September 30, 2021 and, be it further RESOLVED, That such additional funds as required for this change in 2021 shall be derived from within the approved Attorney’s Office budget. 3.3 HR - Authorization to Amend Dependent Care Flexible Spending Account Plans WHEREAS, the City of Ithaca (“City”) sponsors a dependent care flexible spending account (“DCFSA”) plan in which employees of the City may elect to participate on terms as set forth in the plans and governing laws and regulations; and WHEREAS, recent Federal legislation allows amendments to be made to DCFSA plans to make their use more beneficial to employees and dependents impacted by the COVID-19 pandemic; and WHEREAS, the City desires to continue to allow employees to avail themselves of the relief provided by the American Rescue Plan Act of 2021; and WHEREAS, an additional amendment of the terms of the City’s DCFSA plan terms is necessary to accomplish the foregoing; now therefore be it RESOLVED, That the terms of the City’s DCFSA plan are amended, effective January 1, 2021, to allow employees eligible to participate in the DCFSA plan who have not made two changes in their plan elections during 2021, including elections to participate, increase or decrease contributions, or to cease to participate, without regard to whether a qualified status change has occurred, may elect to increase their dependent care limit up to $10,500 for single taxpayers and married couples filing jointly, or $5,250 for married individuals filing separately for 2021 expenses; and be it further RESOLVED, That the City’s Mayor, Director of Human Resources, and Comptroller shall take such actions as they deem necessary or desirable to document and communicate, or to cause the administrator of the City’s DCFSA plan to document and communicate this plan amendments to employees eligible for participation in the plan, and to implement the foregoing amendment and make the amended plan features available to employees as promptly as practicable. CITY ADMINISTRATION COMMITTEE: 4.1 DPW - Authorization of a Transportation Alternatives Program (TAP) Application – Black Diamond Trail WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Alternatives Program; and WHEREAS, a project to design and construct the remaining city segment of the Black Diamond Trail is eligible for funding under the TAP program and Title 23 U.S. Code, as amended; and WHEREAS, completing the Black Diamond Trail in the City would connect West Hill, South Hill and many downtown city residents to a regional trail network with destinations such as Taughannock State Park, Allen H. Treman State Marina, Buttermilk Falls State Park, Cass Park and the Ithaca Children’s Garden, Inlet Island and the West End business district, the Farmers Market, waterfront development sites, and Stewart Park; and WHEREAS, this trail segment is a portion of the Black Diamond Trail, as planned and approved by the New York State Department of Parks, Recreation, and Historic Preservation on September 23, 2009; and WHEREAS, Common Council is interested in applying for a Transportation Alternatives Program grant in order to design and construct the remaining segment of the Black Diamond Trail in the City and making the connection with the Town of Ithaca’s Gateway Trail; now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Alternatives Program, in a amount not to exceed $2,750,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for design, right- of-way acquisition, construction and construction inspection of a project as described above; and be it further RESOLVED, That contingent upon award of the Transportation Alternatives Program funds, the Common Council hereby authorizes the establishment of Capital Project #888 to pay in the first instance 100% of the federal and non-federal share of the cost of all phases of the work for the Project; and be it further RESOLVED, That contingent upon award of the TAP funds, the sum not to exceed $550,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance; and be it further RESOLVED, That the total project cost shall not exceed $2,750,000 with the understanding that the breakdown of funds to be approximately $2,200,000 in federal Transportation Enhancement Program funds, and $550,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works; and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof; and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for Federal Aid and/or Multi-Modal Program Funding on behalf of the City of Ithaca with NYSDOT in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of project costs and permanent funding of the local share of federal-aid and all Project costs that are not so eligible; and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project; and be it further RESOLVED, That this resolution shall take effect immediately. 4.2 Adjustment of the Managerial Compensation Plan, New Wellness Program, and Updated Sick Leave Buyout WHEREAS, on January 1, 2015, the City of Ithaca implemented a new management compensation plan, which sought to address internal equity concerns, the City’s ability to attract and retain quality talent, and compression issues that resulted from a lack of salary increases in multiple prior years; and WHEREAS, it is necessary to periodically update the management compensation plan to ensure that the compensation plan remains competitive and equitable, and WHEREAS, Common Council authorized funding in the 2020 City budget to update the management compensation plan as recommended by the Human Resources Department effective December 31, 2020, and approved the adoption of a new management compensation plan; and WHEREAS, Common Council subsequently revoked the adoption of the December 31, 2020 management compensation plan due to the financial uncertainties created by the COVID-19 pandemic; and WHEREAS, the federal stimulus payments have improved financial stability in the face of those financial uncertainties; and WHEREAS, in the face of the pandemic in 2020, the City changed health insurance options for management and confidentials to establish the Platinum Plan as the standard health insurance option for those employees; and WHEREAS, in summer 2021 the CSEA Administrative Unit likewise agreed to a labor contract establishing the Platinum Plan as the standard health insurance option for its membership, and in support thereof the City agreed to provide all employees in that bargaining unit (and confidentials) who are enrolled in the Platinum Plan the opportunity to receive substantial financial incentives for successful participation in the Platinum Plan’s wellness program; and WHEREAS, Management should receive not only the burden of organization-wide shifts in the City’s labor contracts, but also the benefits, such as the same wellness program opportunities as under the CSEA contract, including up to $2,000 per year in wellness incentives paid directly to the employee; and WHEREAS, because confidentials shifted with management in 2020 to a standard of the Platinum Plan, they should receive the benefit of the wellness incentives effective to the same July 1, 2021 date as management; and WHEREAS, the City faces an estimated $182 million in post-retirement liabilities, driven in large part by the retiree health insurance provided via sick leave buyout, which recently figured a prominent role in the downgrade of the City’s bond rating, in turn increasing the City’s annual borrowing costs; and WHEREAS, in the new labor contract that the CSEA Admin unit recently ratified, said post- retirement liabilities resulted in a change to sick leave buyout policies, limiting that amount of sick time that can be used in retirement (i.e., to cash out or purchase retiree health insurance) to 75 days of sick leave, but not as to sick leave that employees have already accrued (through 7/1/21); and WHEREAS, as a matter of fiscal prudence and internal equity with other bargaining units, it is necessary that management sick leave buyout policies adjust in parallel with the CSEA- Admin contract; now therefore be it RESOLVED, That the current management compensation plan be amended by deleting the entry level (step one) and adding a new step five (5) that produces a 20% spread, effective July 1, 2021, as reflected in the spreadsheet included herewith entitled “2021 Managerial Employee Grade Plan - effective July 1, 2021”, and be it further RESOLVED, That on July 1, 2021, all managerial staff who were on step 5 of the 2019 Management Compensation Plan on June 30, 2020, shall move to step 5 of the 2021 Management Compensation Plan, and be it further RESOLVED, That on July 1, 2021, all managerial staff who were below step 5 of the 2019 Management Compensation Plan on June 30, 2020, shall be slotted into the salary step that most closely reflects their current salary, and shall continue to move one salary step annually on their respective anniversary dates, in accordance with the existing procedure; and be it further RESOLVED, That the “Fringe Benefits for Managerial Personnel” policy shall be amended as included herewith, thereby implementing a Wellness incentive and sick leave buyout limitations in the same manner as reflected in the new CSEA Admin contract; and be it further RESOLVED, That in keeping with the July 1, 2021 effective date of other portions of this resolution, and in light of the inability to administer Wellness testing in the short remainder of 2021, all management employees who were enrolled in the Platinum Plan as of July 1, 2021 shall receive applicable wellness amounts in 2021 prorated at 50% value without any need to satisfy wellness targets in 2021 (i.e., $1,000 for family plan participants, and $375 for individual plan participants), but in succeeding full years at 100% value subject to achieving applicable targets as provided in the “Fringe Benefits for Managerial Personnel” policy and associated implementation of the Wellness Program; and be it further RESOLVED, That in keeping with the July 1, 2021 effective date of other portions of this resolution, in light of the unique circumstance caused by the pandemic that resulted in confidential employees shifting to the Platinum Plan as their standard health insurance much earlier than did the CSEA-Admin contract, and further due to the inability to administer PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 5.1 Expansion of the Local East Hill Historic District to Include 309, 313, 315-317, 319, 321, 401, 403, 405, and 407 North Aurora Street, 308, 309, 310, 313, 315-17, 316, and 319 East Court Street, 101, 106, and 108 Linn Street WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Ithaca Landmarks Preservation Commission may recommend designation of individual landmarks and districts of historic and cultural significance, and WHEREAS, on June 15, 2021, the Ithaca Landmarks Preservation Commission conducted a public hearing for the purpose of considering a proposal to expand the local East Hill Historic District to include the nineteen above-referenced properties on North Aurora, East Court, and Linn Streets, and WHEREAS, the proposal is a Type II Action under the NYS Environmental Quality Review Act and an Unlisted Action under the City Environmental Quality Review Ordinance, and as such, no further environmental review is required, and WHEREAS, the Commission finds that the proposal meets criteria under the Landmarks Preservation Ordinance and has voted to recommend the expansion of the local East Hill Historic District to include these nineteen properties, and WHEREAS, Section 228-3 of the Municipal Code states that the Common Council shall within ninety days of said recommendation to designate, approve, disapprove or refer back to the Commission for modification the recommended designation, and WHEREAS, as set forth in Section 228-3 of the Municipal Code, the Planning Board shall file a report with the Council with respect to the relation of such designation to the comprehensive plan, the zoning law, projected public improvements, and any plans for the renewal of the site or area involved, and WHEREAS, a copy of the Planning Board's report has been reviewed by the Planning and Economic Development Committee; now, therefore, be it RESOLVED, That the Ithaca Common Council finds that the designation of these nineteen properties will not conflict with the comprehensive plan, existing zoning, projected public improvements, or any plans for renewal of the site and area involved, and, be it further RESOLVED, That the East Hill Historic District, as expanded by the addition of these nineteen properties, continues to meet the definition of a local historic district as set forth in the Municipal Code, as follows: