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: