HomeMy WebLinkAboutMN-CC-2001-11-07
COMMON COUNCIL PROCEEDINGS
CITY OF ITHACA, NEW YORK
Regular Meeting 7:00 p.m. November 7, 2001
PRESENT:
Mayor Cohen
Alderpersons (9) Pryor, Sams, Blumenthal, Manos, Farrell, Vaughan, Spielholz,
Taylor, Hershey
OTHERS PRESENT:
City Clerk – Conley Holcomb
City Attorney - Schwab
City Controller – Cafferillo
Deputy City Controller – Thayer
Deputy Director of Planning and Development – Cornish
Superintendent of Public Works – Gray
Human Resources Director – Michell-Nunn
Fire Chief – Wilbur
PLEDGE OF ALLEGIANCE:
Mayor Cohen led all present in the Pledge of Allegiance to the American flag.
APPROVAL OF MINUTES:
By Alderperson Spielholz: Seconded by Alderperson Manos
RESOLVED, That the Minutes of the October 3, 2001 Regular Common Council meeting
be approved with corrections made by Alderperson Blumenthal, and, be it further
RESOLVED, That the Minutes of the October 17, 2001 and October 29, 2001 Special
Common Council meetings be approved as published.
Carried Unanimously
Approval of the Minutes of the October 18, 2001 Special Common Council meeting was
deferred until next month.
ADDITIONS TO OR DELETIONS FROM THE AGENDA:
Special Order of Business
Alderperson Hershey requested the addition of Item 5.1 - Resolution to Fill a Vacancy
on Common Council.
Alderperson Sams opposed the addition of this Item to the agenda.
Alderperson Blumenthal requested the addition of Item 5.2 - Resolution to Fill a
Vacancy on the Tompkins County Board of Representatives.
Alderperson Hershey opposed the addition of this Item to the agenda.
Extensive discussion followed on the floor regarding City’s decision not to fill the
vacancy on the County Board, and being consistent in how situations like this are
handled.
16. CONSENT AGENDA:
Alderperson Hershey requested that Item 16.1 - Youth Bureau - Request to Amend
Youth Development Budget – Resolution, be deleted from the Consent Agenda.
No Council member objected.
November 7, 2001
2
16.2 Fire Department – Request to Amend 2001 Authorized Budget
By Alderperson Taylor: Seconded by: Alderperson Pryor
WHEREAS, the Ithaca Fire Department has received several different sources of
revenue and corresponding expenses over the course of the year that were not
budgeted for in 2001, and
WHEREAS, the sources of revenues range from grants, donations and insurance
recoveries in varying amounts, with a total of $17,552.13; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2001 Authorized Budget for
said Fire Department items as follows:
Increase Revenue Accounts:
A3410-2410 Rental of Property $ 4,600.00
-2680 Insurance Recoveries 1,519.72
-2690 Other Compensation for Loss 2,165.47
-2705 Gifts and Donations 4,450.00
-2770 Unclassified Revenues 4,816.94
$17,552.13
Increase Appropriation Accounts:
A3410-5110-12250 $ 255.60
-5125-12100 170.00
-5125-12200 1,002.56
-5125-12250 576.00
-5210-12100 1,500.00
-5225-12100 1,300.00
-5435-12100 200.00
-5435-12150 92.25
-5435-12450 750.00
-5440-12350 4,600.00
-5460-12100 300.00
-5475-12250 5,000.00
-5476-12250 1,519.72
-5477-12250 286.00
$17,552.13
Carried Unanimously
16.3 City Clerk’s Office - Appointment of Acting Deputy City Clerk
By Alderperson Taylor: Seconded by Alderperson Pryor
WHEREAS, Deputy City Clerk Robin Korherr has requested a temporary reduction in
hours from 40 hours to 20 hours from September 4, 2001 to December 14, 2001, to
further her education, and
WHEREAS, City Clerk Julie Conley Holcomb has requested the appointment of Sarah
Myers as Acting Deputy City Clerk during this temporary time period to ensure the
continuation of prompt service to staff and the public; now, therefore, be it
RESOLVED, That this Resolution supercede the Resolution adopted on September 5,
2001, and, be it further
RESOLVED, That Common Council approves the appointment of Sarah Myers to the
position of Acting Deputy City Clerk to serve on an “as needed” basis in the absence of
the Deputy City Clerk effective November 12, 2001, and ending December 31, 2001,
and, be it further
November 7, 2001
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RESOLVED, That a stipend in the amount of $500 be paid to Sarah Myers to
compensate her for the additional duties and responsibilities she will incur while fulfilling
this position, and, be it further
RESOLVED, That said funds be derived from the City Clerk’s budget.
Carried Unanimously
BUDGET AND ADMINISTRATION COMMITTEE:
16.1 Youth Bureau – Request to Amend Youth Development Budget
By Mayor Cohen: Seconded by Alderperson Pryor
WHEREAS, the Ithaca Youth Bureau has been notified by the Ithaca Urban Renewal
Agency (IURA) that it will receive $4,695 from the Community Development Block Grant
(CDBG) for the Academic Plus After-School Program, and
WHEREAS, the additional funds will support and expand the after-school programs at
the Beverly J. Martin (BJM) Elementary School; now, therefore, be it
RESOLVED, That Common Council hereby approves the following 2001 Youth
Development budget amendment for the purpose of expanding said after-school
program at BJM:
Increase Revenue Account:
A7310-4820-1203 Federal Aid Youth Programs $4,695.00
Increase Appropriation Accounts:
A7310-5120-1203 P/T Seasonal $4,268.00
A7310-9030 Social Security/Medicare 360.00
A7310-9040 Workers’ Comp 67.00
and, be it further
RESOLVED, That Peter B. Mack be appointed to fill the remaining term of Joshua
Glasstetter on Common Council, and, be it further
RESOLVED, That Leslyn McBean be appointed by Common Council to fill the Second
Ward vacancy on the Tompkins County Board of Representatives created by Suzanne
Davis.
Extensive discussion followed on the floor regarding the amended language that was
moved in addition to the original agenda item. Common Council members voiced their
displeasure with the way this issue is being addressed.
Recess:
By Alderperson Blumenthal: Seconded by Alderperson Manos
RESOLVED, That Common Council recess for ten minutes.
Carried Unanimously
Reconvene:
Common Council reconvened at 7:50 pm.
November 7, 2001
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Motion to Table Item 16.1
By Alderperson Vaughan: Seconded by Alderperson Sams
RESOLVED, That Item 16.1 be tabled until later in the meeting.
Ayes (8) Pryor, Sams, Blumenthal, Manos, Farrell
Vaughan, Spielholz, Hershey
Nays (0)
Abstentions (1) Taylor
Carried Unanimously
Mayor Cohen distributed a notice to Council members regarding a Special Common
Council meeting on November 8, 2001 at 7:00 p.m. Agenda items include the filling of
vacancies on the City of Ithaca Common Council and the Tompkins County Board of
Representatives, a report on the Benefit Assessment District and a possible Resolution
for a call for a public hearing.
Alderperson Hershey stated that in light of this development he would withdraw his
objection to appointing Leslyn McBean tonight to the Tompkins County Board of
Representatives.
SPECIAL ORDER OF BUSINESS:
Quarterly Recognition Awards:
Mayor Cohen presented the Individual Quarterly Recognition Award to Ronde Whitaker
of the Human Resources Department. Ronde was nominated for her cheerful, attentive,
and courteous manner, and her diligence in ensuring that information on the Quarterly
Recognition program is thoroughly publicized so that employees are aware of what is
happening, and how to recognize their peers.
Mayor Cohen presented the Team Quarterly Recognition Award to the following
employees work in the City’s DPW Department for their assistance at the TCAT bus
accident site on August 17, 2001:
Cliff Murphy, Shawn Boyle, Robert Adams, John Clink, Elmer Cook, Charles Bowlsby,
Jeff Sweet.
Mayor Cohen read a proclamation regarding the Northside Neighborhood Summit
meeting to be held 11/10/01. The proclamation is to encourage active involvement in
community problem solving, planning and development.
PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
Joel Harlan, Town of Dryden – Economic Development Issues
Peter Mack, City of Ithaca - thanked the voters for electing him to Council
Annie Ball, City of Ithaca - support of the Southwest development
Kevin Lowe, City of Ithaca - Six Point Traffic Plan vehicular bridge at South Plain Street
Sally VanOrman, City of Ithaca - Six Point Traffic Plan vehicular bridge at South Plain
Street
Sarah Young, City of Ithaca - Six Point Traffic Plan
Catherine Robertson, City of Ithaca - South Plain Street vehicular bridge
Gary Woloszyn, Library Trustee Representative - proposed bus terminal
David Whitmore, City of Ithaca - Northside Pilot program was a great example for the
Southside neighborhood.
Carol Ann Brust, President of the Board of Mutual Housing Association of Tompkins
County – Northside initiative.
Stanton Loh, 227 West Spencer Street - Six Point Traffic Plan and the impact on West
Spencer Street.
November 7, 2001
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RESPONSE TO THE PUBLIC:
Alderpersons Pryor, Hershey, Sams and Blumenthal addressed comments made
regarding the Six Point Traffic Plan.
Mayor Cohen responded to comments made regarding the Employee Recognition
Program, Library survey results, and the Cayuga Green presentation.
REPORT OF CITY BOARDS, COMMISSIONS, AND COMMITTEES:
City Clerk Holcomb stated that the Commons Advisory Board is working on revising the
Commons Legislation and hopes to bring it to Council sometime during the first quarter
of 2002.
COMMUNICATIONS FROM COMMON COUNCIL:
Alderperson Sams thanked Alderperson Farrell for her years of service, dedication and
sense of humor.
COMMUNICATIONS FROM THE MAYOR:
Mayor Cohen proclaimed the week of November 12-16, 2001 as International Education
Week.
Mayor Cohen proclaimed November 10, 2001 as Northside Neighborhood Day.
NEW BUSINESS
22.2 Appointment to Tompkins County Board of Representatives
By Alderperson Blumenthal Seconded by: Alderperson Hershey
WHEREAS, it is the responsibility of Common Council to replace City representatives to
the Tompkins County Board of Representatives, should the position become vacant,
and
WHEREAS, Suzanne Davis, Tompkins County Representative from the second district
has resigned, and
WHEREAS, Common Council has found Leslyn McBean to be eminently qualified to fill
this position; and
WHEREAS, Tompkins County Board of Representatives passed a Local Law on
November 7, 2001 allowing Common Council to make the appointment and that no
further filing requirements are necessary; now therefore, be it
RESOLVED, That Common Council appoints Leslyn McBean to fill the vacant Second
Ward seat for the Tompkins County Board of Representatives.
Carried Unanimously
Leslyn McBean thanked Common Council for their support. She stated that the process
has been difficult for her and her family, but she appreciates Council coming together to
work on this.
17. BUDGET AND ADMINISTRATION COMMITTEE:
Resolution to Remove Item 16.1 from the Table
By Alderperson Hershey: Seconded by Alderperson Taylor
RESOLVED, That Item 16.1 be Removed from the Table for consideration.
Carried Unanimously
16.1 Youth Bureau – Request to Amend Youth Development Budget
By Alderperson Hershey: Seconded by Alderperson Taylor
WHEREAS, the Ithaca Youth Bureau has been notified by the Ithaca Urban Renewal
Agency (IURA) that it will receive $4,695 from the Community Development Block Grant
(CDBG) for the Academic Plus After-School Program, and
November 7, 2001
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WHEREAS, the additional funds will support and expand the after-school programs at
the Beverly J. Martin (BJM) Elementary School; now, therefore, be it
RESOLVED, That Common Council hereby approves the following 2001 Youth
Development budget amendment for the purpose of expanding said after-school
program at BJM:
Increase Revenue Account:
A7310-4820-1203 Federal Aid Youth Programs $4,695.00
Increase Appropriation Accounts:
A7310-5120-1203 P/T Seasonal $4,268.00
A7310-9030 Social Security/Medicare 360.00
A7310-9040 Workers’ Comp 67.00
Carried Unanimously
17.1 Adoption of 2002 Budget
By Alderperson Vaughan Seconded by: Alderperson Manos
WHEREAS, this Common Council is now considering adoption of the Amended
Executive Budget for 2002 as approved by the Budget and Administration Committee,
and
WHEREAS, it is the consensus of this Common Council that the total appropriations
and estimated revenues, as set forth in said Amended Executive Budget for 2002 and
as those amounts may be altered by action of this Common Council at its November 7,
2001 meeting, are adequate for the operation of the City during 2002; now, therefore,
be it
RESOLVED, That this Common Council accepts and approves said Amended
Executive Budget for 2002, together with any additional changes made in said budget at
Council’s November 7, 2001 meeting as the City of Ithaca Budget for 2002, in the total
amount of $41,025,701, and be it further
RESOLVED, That the following sections of the 2002 Budget be approved:
A) General Fund Appropriations
B) Water Fund Appropriations
C) Sewer Fund Appropriations
D) Joint Activity Fund Appropriations
E) Solid Waste Fund Appropriations
F) General Fund Revenues
G) Water Fund Revenues
H) Sewer Fund Revenues
I) Joint Activity Fund Revenues
J) Solid Waste Fund Revenues
K) Debt Retirement Schedule
L) Capital Projects
M) Schedule of Salaries and Positions – General Fund
N) Schedule of Salaries and Positions – Water & Sewer Fund
O) Schedule of Salaries and Positions – Joint Activity Fund
P) Schedule of Salaries and Positions – Solid Waste Fund
Q) Authorized Equipment – General Fund
R) Authorized Equipment – Water Fund
S) Authorized Equipment – Sewer Fund
T) Authorized Equipment – Joint Activity Fund
U) Authorized Equipment – Solid Waste Fund
November 7, 2001
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Alderperson Spielholz thanked Dominick Cafferillo and Steven Thayer for putting in
endless hours of work in order to present this budget.
Alderperson Blumenthal further thanked Administrative Secretary Carol Shipe for her
extra effort in this process.
Alderperson Pryor thanked the Department Heads for the hours they spent trying to
figure out the best ways to continue to provide the kind of level of City services that
residents need and deserve under tight budget constraints.
Extensive discussion followed on the floor regarding the proposed 2002 tax rate. Mayor
Cohen recommended that the tax rate be set at 4.5% instead of 3.64% to allow for a
$71,000 cushion in the fund balance to absorb potential State cuts.
Alderperson Vaughan, Chair of the Budget and Administration Committee, spoke in
support of this recommendation and urged her colleagues to give it serious
consideration.
Amending Resolution:
By Mayor Cohen: Seconded by Alderperson Spielholz
RESOLVED, That the appropriated fund balance be increased by $71,172, and that the
property tax revenue be increased by the same amount.
Ayes (6) Pryor, Blumenthal, Vaughan, Spielholz, Taylor, Hershey
Nays (2) Farrell, Manos
Abstention (1) Sams
Carried
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
17.2 Adoption of 2002 Tax Rate
By Alderperson Vaughan: Seconded by Alderperson Hershey
WHEREAS, the 2002 City of Ithaca Budget was approved, adopted and confirmed in
the total amount of $41,025,701 on November 7, 2001, in accordance with a detailed
Budget on file in the Office of the City Controller, and
WHEREAS, available and estimated revenues total $32,376,056 leaving $8,649,645 as
the amount to be raised by taxation, and
WHEREAS, the Assessment Roll for 2002, certified and filed by the Assessment
Department of Tompkins County, has been footed and approved and shows the total
net taxable valuation as $840,974,015, and
WHEREAS, under Charter provisions, the tax limit for City purposes amounts to
$20,558,873 for 2002; now, therefore, be it
RESOLVED, That the tax rate for general purposes, for the fiscal year 2002, be, and
the same hereby is, established and fixed at 10.28527 per $1,000 of taxable valuation
as shown, certified and extended against the respective properties on the 2002 Tax
Roll, thereby making a total tax levy, as near as may be, of $8,649,645, and, be it
further
RESOLVED, That the amount of said tax levy be spread, and the same hereby is levied
upon and against the respective properties as shown on said City Tax Roll, in
accordance with their respective net taxable valuation, at the rate of 10.28527 per
$1,000 of such taxable valuation, and, be it further
November 7, 2001
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RESOLVED, That the City Chamberlain be, and hereby is, directed to extend and
apportion the City Tax as above, and that upon the completion of the extension of said
Roll, the City Clerk shall prepare a warrant on the City Chamberlain for the collection of
said levy; and the Mayor and the City Clerk hereby are authorized and directed to sign
and affix the corporate seal to such warrant and forthwith to file the same with said Tax
Roll with the City Chamberlain, and, be it further
RESOLVED, That upon the execution and filing of said warrant and Tax Roll with the
City Chamberlain, the amounts of the City Tax set opposite each and every property
shall hereby become liens, due, payable and collectible in accordance with provisions of
the City Charter and other laws applicable thereto, and, be it further
RESOLVED, That the total sum of $41,025,701 be appropriated in accordance with the
Budget adopted, to the respective Boards, Offices and Departments of the City, for the
purposes respectively set forth therein. The 2002 Assessment Roll has been completed
and approved by the Assessment Department of Tompkins County and resulted in the
following valuation:
Total Value of Real Property $2,979,977,245 Less: Value of Exempt Property 2,161,460,500 $ 818,516,745 Plus: Value of Special Franchises 22,457,270 Net Value of Taxable Property $ 840,974,015 Extensive discussion followed on the floor regarding the status of the State’s budget after the tragedy of September 11, 2001. A vote on the Resolution resulted as follows: Carried Unanimously 10-0
Alderperson Taylor left the meeting at 9:20 p.m.
17. 3 A Local Law Repealing and Re-enacting Article 1,Section 1-1 of the City of
Ithaca Municipal Code
By Alderperson Vaughan: Seconded by Alderperson Pryor
LOCAL LAW NO._____- 2001
BE IT ENACTED by the Common Council of the City of Ithaca as follows:
Section I. Legislative Purpose and Intent
1. Article 1, Section 1-1 of the City of Ithaca Municipal Code was originally adopted on
August 5, 1992 by Local Law No.3-1992. However, since then, it erroneously has been
periodically amended by the following Ordinances: On September 1, 1993 by
Ordinance No. 93-17; on May 8, 1996 by Ordinance No. 96-8; on June 4, 1997 by
Ordinance No. 97-8; on December 2, 1998 by Ordinance No. 98-31; and on April 1,
1998 by Ordinance No. 98-4.
2. It is the intent of the Common Council of the City of Ithaca to repeal, readopt and re-
enact the above-recited amendments by local law in compliance with the doctrine of
legislative equivalency.
Section 2. Repeal.
The former Article 1, Section 1-1 of the City of Ithaca Municipal Code, entitled “Penalties for
Offenses”, is hereby repealed.
November 7, 2001
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Section 3. New Enactment.
A new Article 1, Section 1-1 entitled “Penalties for Offenses” is hereby enacted to read as
follows:
§ 1-1. Penalties for offenses.
A. Unless a different penalty is specified, violations of the provisions of this Code shall
be punishable by a fine of not more than $250 or imprisonment for a term of not more than
15 days, and not less than $100 or 25 hours of community service. For the purpose of
determining the appropriate fine, each day on which the violation continues to exist shall be
considered a separate offense. In no case shall a term of imprisonment exceeding 15 days
be imposed as a penalty for violations of this Code, no matter how many days of violation
are charged, unless, by separate Code section, the violation has been classified as a
misdemeanor.
B. Notwithstanding the penalty provisions of the preceding subsection or other
penalties specified in subsequent sections of this Code, the penalties for violation of the
Code sections listed below shall be: not more than $40 nor less than $20 for a first offense
at the same property; not more than $60 nor less than $30 for a second offense at the
same property; and not more than $100 nor less than $50 for a third offense at the same
property, if a conviction for such offense occurs within the same twelve-month period. Each
day on which the condition exists may be charged and shall be considered as a separate
offense.
Code Section
196-5 (Uncollected garbage)
210-35 (Open areas)
210-36C (Accessory structures)
210-38 (Garbage and refuse)
272-4D (Mobile signs)
272-4E (Banners and pennants)
285-5 (Sidewalks)
325-20C(1)(j) (Front yard parking)
325-20D (Front yard parking)
325-23B(1) (Yard maintenance)
325-23B(2) (Exterior property maintenance)
C. Notwithstanding any contrary Code provision, appearance tickets may be issued by
the Building Commissioner and/or Commissioner's designee(s) charging violations of any
of the above sections whenever there is probable cause to believe that said violations have
occurred. Any rights to administrative appeals to any board or commission of the City of
Ithaca mentioned in any subsequent section of this Code shall not apply as a condition
precedent to issuing an appearance ticket charging a violation of any of the above-listed
Code sections. Any right to an administrative appeal from a decision or determination of
the Building Commissioner or other city official with regard to the above Code sections
shall apply only in cases in which the city intends to correct the violation and seek to
charge the property owner or other responsible party for the costs of correction.
Section 4. Severability.
If any clause, sentence, paragraph, section, or part of this local law shall be adjudged by
any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof but shall be confined in its operation to the clause,
sentence, paragraph, section, or part thereof directly involved in the controversy in which
such judgment shall have been rendered.
November 7, 2001
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Section 5. Effective Date.
This Local Law will take effect immediately upon filing with the Secretary of State as
provided by Law.
Alderperson Vaughan and City Attorney Schwab explained that the original legislation was
adopted by Local Law, but over the years it has been mistakenly amended by Ordinance.
NYCOM Attorneys have recommended that the legislation be repealed and re-enacted to
correct this situation.
A vote on the Local Law resulted as follows:
Carried Unanimously
17.4. Finance/Controller – Request Authorization to Cover
Red Accounts
By Alderperson Vaughan: Seconded by Alderperson Pryor
RESOLVED, That the City Controller be empowered to make transfers within the 2001
Budget appropriations, as needed, for the remainder of the 2001 fiscal year.
Discussion followed on the floor with Council members expressing an interest in being
informed of the transfers being made, and the decision making process involved in this
procedure.
Amending Resolution:
By Alderperson Manos: Seconded by Alderperson Hershey
RESOLVED, That the RESOLVED, clause be amended to read as follows:
“RESOLVED, That the City Controller, in consultation with the Mayor and the Chair of
the B & A Committee, be empowered to make transfers within the 2001 Budget
appropriations, as needed, for the remainder of the 2001 fiscal year.”
Carried Unanimously
City Controller Cafferillo described the procedures that are followed to cover red
accounts, and voiced his concern regarding delaying the process by involving two
elected officials each time an adjustment is needed.
Mayor Cohen stated that he is confident that the B & A Chair and himself can develop a
process with the City Controller that will not impede the procedure, and will
accommodate the concerns expressed by Council members.
Main Motion as Amended:
A vote on the Main Motion as Amended resulted as follows:
Carried Unanimously
17.5 Finance/Controller – Approval of an Agreement for
Natural Gas Supply Pursuant to Public Bid Conducted by the Municipal Electric
and Gas Alliance as the Consultant of the City of Ithaca
By Alderperson Vaughan: Seconded by Alderperson Pryor
The Common Council of the City of Ithaca hereby resolves as follows:
That the office of the Mayor is hereby authorized and directed to execute and deliver to
NYSEG Solutions, Inc. an Agreement for natural gas supply service, a copy of which is
attached hereto and made a part hereof, and be it further
RESOLVED, That the conditions, price, duration and term, purpose and objective,
manner and extent of payments, organizational structure and manner in which personal
November 7, 2001
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property shall be acquired, managed and disposed of, are set forth in the attached
Agreement, and be it further
RESOLVED, That the City of Ithaca may participate in the cooperative agreements to
procure services and products described in such Agreement, and that the Mayor is
hereby authorized and directed to execute such agreements, whenever necessary and
appropriate.
Alderperson Vaughan thanked members of the Tompkins County Board of
Representatives, especially Stuart Stein and Barbara Blanchard, for their hard work on
the alliance which is beginning to save a modest amount of money.
Deputy City Controller Thayer stated that the City has only been involved with the
program for one year, so the savings are still being determined. The savings may be
between 2-4% of overall gas, which is expected to increase over the next three years.
A vote on the Resolution resulted as follows:
Carried Unanimously
17.6 Finance/Controller – Delegation of Power to the City
Controller
By Alderperson Vaughan: Seconded by Alderperson Pryor
A RESOLUTION DELEGATING TO THE CITY CONTROLLER OF THE CITY OF
ITHACA, TOMPKINS COUNTY, NEW YORK, THE POWER TO AUTHORIZE THE
ISSUANCE OF AND TO SELL, FROM TIME TO TIME AND DURING ANY FISCAL
YEAR, REVENUE ANTICIPATION NOTES OF SAID CITY IN ANTICIPATION OF THE
COLLECTION OR RECEIPT OF REVENUES ESTIMATED TO BE RECEIVED BY
SAID CITY.
BE IT RESOLVED, by the Common Council of the City of Ithaca, Tompkins County,
New York, as follows:
Section 1. The power to authorize the issuance of and to sell, from time to time and
during the 2001 and 2002 fiscal years, revenue anticipation notes of the City of Ithaca,
Tompkins County, New York, including renewals thereof, in anticipation of the collection
or receipt of revenues estimated to be received by said City is hereby delegated to the
City Controller, the chief fiscal officer. Such notes shall be of such terms, form and
contents, and shall be sold in such manner as may be determined by said City
Controller, pursuant to the Local Finance Law.
Section 2. This resolution shall take effect immediately.
Carried Unanimously
(Alderpersons Farrell and Sams were absent from vote)
HUMAN RESOURCES COMMITTEE
18.1 Fire Department – Authorization to Create a Temporary Lieutenant Position -
Resolution
By Alderperson Manos: Seconded by Alderperson Pryor
WHEREAS, Lt. Thomas Deis is a member of the New York National Guard; and,
WHEREAS, Lt. Thomas Deis has been ordered to active duty on October 2, 2001 for an
unknown period of time from one to six months; and,
WHEREAS, the Ithaca Fire Department, in its discretion, uses minimum staffing level
guidelines which result in the use of overtime work when insufficient numbers of regular
shift personnel are available for duty; and,
November 7, 2001
12
WHEREAS, the long term and unplanned absence of an officer will likely generate
significant overtime work; and,
WHEREAS, the creation and appointment of a temporary Fire Lieutenant will permit the
Fire Department to stabilize the situation created by the long-term absence of Lt.
Thomas Deis due to military leave, including the avoidance of some overtime work;
now, therefore be it
RESOLVED, That the Ithaca Fire Department is hereby authorized to create the
position of Temporary Fire Lieutenant for the period from the date of this approval until
such time as the active military duty assignment for Lt. Thomas Deis has been
concluded.
Carried Unanimously
18.2 DPW (TCAT) - Request to Hire Above Minimum Salary –
Resolution:
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, TCAT has had difficulty hiring individuals for the City positions because
comparable Cornell University TCAT positions are offered at a significantly higher
salary, and
WHEREAS, the starting salary for the City TCAT Bus Drivers is $9.28/hour since 1994
and the new hire rate for Cornell University TCAT Bus Drivers is $11.20/hour; and
WHEREAS, the CSEA DPW unit contract provides for hiring at a rate above the
minimum in view of special circumstances or scarcity of qualified candidates upon
approval by Common Council, now therefore be it
RESOLVED, That Common Council hereby grants approval to fill the four current Bus
Driver vacancies at a salary rate of $10.02, $.74 above the contract rate.
City Controller Cafferillo explained that the funds for these increases have been
budgeted. TCAT will reimburse the City for the expenditure, and the expectation of
filling these positions is a reduction in overtime.
A vote on the Resolution resulted as follows:
Carried Unanimously
18.3 Flexible Work Schedule Policy - Resolution
By Alderperson Manos: Seconded by Alderperson Farrell
WHEREAS, the Policy Improvement Team is one of four teams developed to implement
recommendations from the Work Environment Task Force adopted by Common
Council, and
WHEREAS, the Policy Improvement Team is focused on identifying written and
unwritten City policies that require updating or drafting to ensure consistency, and
WHEREAS, the Policy Improvement Team is recommending that a flexible work
schedule policy be adopted by Council as one of the first of several to be updated or
drafted, and therefore be it
RESOLVED, That Common Council adopts the following:
Policy Statement:
The City of Ithaca offers flexible work schedules to employees to assist them in meeting
family, educational, medical, transportation or similar individual needs. This benefit may
be provided whenever operationally possible at the discretion of department heads or
their designees.
November 7, 2001
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Eligibility:
It is understood that the nature of some departments (i.e. shift work) does not allow for
flexible scheduling. Similarly, the nature of some jobs (i.e. the need to provide office
coverage) may not allow for flexible scheduling. Therefore, departments are not
compelled to adopt flexible work schedules, but are encouraged to do so if operational
and personal needs can be balanced. However, a department head or designee will
have the final decision in determining the overall best interest of the department.
Definition:
A “Flexible Work Schedule” or “Flex Time” is an established work schedule that varies
somewhat from the traditional work hours associated with a department or job. The
schedule is established by mutual agreement of the employee and department head or
department head’s designee. It is a regular schedule from week to week. It is
established for an extended period of time, sometimes indefinitely, but typically for more
than three months at a time. The schedule must meet the department’s operational
needs. A flexible work schedule allows for variations in starting and departing time,
without altering the total number of hours worked in a workweek.
The most common Flex Time arrangements are as follows:
Compressed Work Week – employee works a full time job in less than five
(5) working days (i.e. four (4) days at ten (10) hours a day)
Core Hours Schedule/Peak Hours Flex Time - A department defines core
hours at which time employees must be at work (i.e. 9:00 AM to 3:00 PM).
Each employee may then choose an arrival and departure time around the
core hours as long as there is some coverage at all times for the
department’s traditional hours (i.e. 8:30 AM to 4:30 PM).
Adjusted Lunch Period – An employee may choose to take time off in the
middle of the day for personal errands and then adjust the start or
departure time accordingly (i.e. and employee begins work at 8:00 AM and
then is off from 11-1 PM to run personal errands, and departs from work at
6:00 PM). An employee may take a minimum of 30 minutes and a
maximum of two hours for lunch under this arrangement.
Flexible Time Bands – Hours during which employees may select arrival
and departure time (i.e. Morning: 6:00 AM – 9:00 AM, Afternoon: 3:00
PM – 6:00 PM).
Individualized Flex Time - Arrangements are made to accommodate
recurring appointments or commitments, such as educational coursework,
counseling, AA meetings, volunteer work, etc.
Benefits:
For the employee:
Better work-life balance
Ability to have more control over time off
Ability to avoid high traffic time of the day
Improved morale
For the employer:
Ability to retain valued staff when other demands on their time may be
high
Ability to make more efficient use of facilities
Ability to manage people, time, and workload more effectively
Recruitment tool
Improved morale
November 7, 2001
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Expectations:
Employees with established flexible work schedules are required to meet the same
attendance standards that exist for employees working traditional schedules. Flexible
work schedules are not intended to be used to accommodate late arrivals, early
departures or unscheduled absences.
Employees should work with their supervisor to ensure that other staff members of the
department are well informed of their flexible work schedule.
How to Request a Flexible Work Schedule:
Any employee who wishes to have his/her work schedule adjusted to meet family,
educational, medical, transportation or similar individual needs, should submit a written
request to his/her department head. The request should specify the desired work
schedule and the duration of the request. Department heads will attempt to grant
reasonable requests to the greatest extent possible, while ensuring that their
departments continue to operate effectively and the employee continues to fulfill his/her
job responsibilities fully.
If the employee’s request is approved, it is understood that the employee will adhere to
the agreed upon work schedule for the duration of the request.
Termination of Flexible Work Schedule:
Each department head or designee reserves the right to terminate a flexible work
schedule at any time. The department head is expected to give at least two weeks
advance notice, and to give operational reasons for the need to revert back to traditional
work hours.
and, be it further
RESOLVED, That this policy be placed in the updated Human Resources Manual.
Carried Unanimously
Mayor Cohen thanked Human Resources Director Michell-Nunn and the team that
created this policy.
18.4 Supplemental Military Leave - Resolution
By Alderperson Manos: Seconded by Alderperson Hershey
WHEREAS, On Tuesday, September 11, 2001, an act of war was committed against
the United States by international terrorists; and
WHEREAS, President Bush has committed the resources of the nation to the
elimination of international terrorism; and
WHEREAS, the President and Governor have the power to call reservists and members
of the National Guard to active duty; and
WHEREAS, New York State Military Law provides certain rights to public officers and
employees absent on military duty as members of Reserve Forces of the United States
including the National Guard; and
WHEREAS, despite the rights and benefits afforded by said Military Law, calls to active
duty often impose financial hardship on those summoned and their dependents, and
WHEREAS, it is the desire of Common Council to ease the financial strain on the
families of those Reservist called to serve their country resulting from the September
11, 2001 terrorist attacks on the United States by paying through September 10, 2002,
the difference between their military pay received from the United States Government
and/or the State of New York and the base City salary such employee would have
November 7, 2001
15
received for his/her regularly scheduled work week if such employee had not been
called to active duty, and
WHEREAS, in the event military pay exceeds or equals City Salary determined in
accordance herewith, no supplemental pay shall be authorized, and
WHEREAS, it is also the desire of Common Council to ease the financial strain on the
families of those Reservists called to serve their country resulting from the September
11, 2001 terrorist attacks on the United States by allowing continuation of their health
insurance benefits through December 31, 2002; now, therefore, be it
RESOLVED, That upon the signing of a Memorandum of Understanding with CSEA
Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent
Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the Executive
Association the City will pay the difference in pay between military and base City salary
to such City employees in the Reserves or National Guard who are called to serve their
country resulting from the September 11, 2001 terrorist attacks on the United States
except in the event that military pay exceeds or equals City salary, effective September
11, 2001 through September 10, 2002, and, be it further
RESOLVED, That upon the signing of a Memorandum of Understanding with CSEA
Administrative Unit, CSEA Department of Public Works Unit, Police Benevolent
Association, Ithaca Paid Fire Fighters, Chief Officers Unit, and the Executive Association
the City will hereby continue individual and family health insurance coverage through
September 10, 2002 for those employees called to active military duty resulting from the
September 11, 2001 terrorist attacks on the United States, effective September 11, 2001.
Carried Unanimously
Mayor Cohen clarified that this action does not endorse any action of the Federal
government, it is specific to the benefit and welfare of City employees who have been
called to service for their country.
18.5a November 7, 2001 – City-State Retirement Incentive - Resolution
By Alderperson Manos: Seconded by Alderperson Vaughan
WHEREAS, prior to the tragic events of September 11, 2001, the State of New York
had not enacted a 2001 Retirement Incentive Program, and
WHEREAS, the City’s projected budget shortfall would have required a number of
layoffs in various City departments, and
WHEREAS, in the absence of a State-enacted incentive, staff developed a City
Retirement Incentive Program for employees otherwise eligible to retire during 2002, the
terms of which are reflected in Memoranda of Agreement (which are based on and
embody the attached Terms of Participation), and
WHEREAS, subsequent to September 11, 2001, because of significant projected
revenue losses, the State of New York has begun reconsidering the enactment of an
incentive program; now, therefore, be it
RESOLVED, That the City will allow eligible employees to request inclusion in either the
City program or the State program, if enacted, subject to the preparation of a plan which
demonstrates at least a 50% savings of the total amount of base salary that would have
been paid to the retiring employee had the employee continued to be employed by the
City, and, be it further
RESOLVED, That should the State of New York fail to enact an incentive program for
2002, the City Retirement Incentive Program will be provided to those eligible
November 7, 2001
16
employees who have signed a Memorandum of Agreement prior to the adoption of this
resolution, and, be it further
RESOLVED, That the City incentive program is subject to a Memorandum of
Understanding to be approved by the Common Council with the CSEA DPW Unit,
CSEA Administrative Unit and the Executive Unit agreeing with the terms and conditions
of the City’s Retirement Incentive Program.
Carried Unanimously
City Retirement Incentive Program
A. For those employees who are members of the N. Y. State Retirement System,
Tier 1, 75I with at least 10 years of service in the retirement system, and have reached
age 55 or older by November 1, 2001:
The City would agree to pay an amount equal to 30% of their projected 2002 salary, as
a regular salary increase from November 19, 2001 to their established retirement date.
That established retirement can not extend beyond March 29, 2002. Each employee
within this group must select a date between December 28, 2001 and March 29, 2002.
They would have to agree in writing to voluntarily notify the State Retirement System in
writing of their intent to retire, and be actually retired and off the payroll by March 29,
2002. The employee must also sign an agreement to pay back all of the salary increase
if he/she does not, in fact, retire and is not off the payroll by March 29, 2002. The salary
increase of 30% shall be paid as regular salary on an hourly basis for that established
period of time.
B. For those employees who are members of the N. Y. State Retirement System, Tier
1, 75I, with at least 10 years of service in the retirement system, and will attain age 55
during 2002:
The City would agree to pay an amount equal to 30% of their projected 2002 salary, as
a regular salary increase from November 19, 2001 to a date not later than 30 days
beyond their 55th birthday. They would have to agree in writing to voluntarily notify the
State Retirement System in writing of their intent to retire, and actually retire and be off
the payroll by 30 days beyond their 55th birthday. The employee must also sign an
agreement to pay back all of the salary increase if he/she does not, in fact, retire and is
not off the payroll by the established departure date, not more than 30 days beyond
their 55th birthday. The salary increase of 30% shall be paid as regular salary on an
hourly basis for that established period of time.
C. For those employees who are members of the N. Y. State Retirement System, Tier
2, 75I, and will attain at least age 55 and 30 years of service in the retirement system
during the year 2002:
The City would agree to pay an amount equal to 30% of their projected 2002 salary, as
a regular salary increase from November 19, 2001, to a date not later than 30 days
beyond the date they attain 30 years with the Retirement System. They would be asked
to agree in writing to voluntarily notify the State Retirement System in writing of their
intent to retire and actually be retired and off the payroll by that date. The employee
must also sign an agreement to pay back all of the salary increase if he/she does not, in
fact, retire and is not off the payroll by the established date, not more than 30 days
beyond the date they attain 30 years with the Retirement System. The salary increase
of 30% shall be paid as regular salary on an hourly basis for that established period of
time.
In addition, the City would agree to enact by resolution Section 41J of the Retirement
Law, which would allow up to 165 days of sick leave, not paid in cash, to be used in the
employee’s retirement calculation. The 165 sick days could still be used for the
payment of Health Insurance during retirement.
November 7, 2001
17
The employee’s accumulated vacation, compensatory time and any sick leave buyouts
shall be calculated by using the 2002 projected hourly rate, without the 30% incentive
salary increases having been added.
The employee expressly waives his/her right to any other New York State or City of
Ithaca Retirement Incentive Program.
Terms of Participation:
1. This Agreement is executed subject to final approval by the Human
Resources Committee of the City of Ithaca and the City Common Council.
2. The City agrees to pay the employee an amount equal to 30% of the
employee’s projected 2002 salary, as a regular salary increase from
November 19, 2001 to: (a) March 29, 2002; (b) no more than 30 days
beyond the employee’s 55th birthday; or (c) no later than 30 days beyond
the date that the employee would attain 30 years in the New York State
Retirement System, whichever is applicable.
3. The employee agrees to notify, in writing, the State Retirement System of
the employee’s intent to retire, and the employee must, in fact, retire and
be off the City payroll by: (a) March 29, 2002; (b) no more than 30 days
beyond the employee’s 55th birthday; or (c) no later than 30 days beyond
the date that the employee would attain 30 years in the New York State
Retirement System, whichever is applicable.
4. The employee agrees to pay back to the City all of the 30% salary
increase if the employee does not, in fact, retire and is not off the payroll
by the established date in (a), (b) or (c) above, whichever is applicable.
5. The salary increase of 30% shall be paid as regular salary on an hourly
basis for the period of time from November 19, 2001 to the employee’s
established retirement date of: (a), (b) or (c) above, whichever is
applicable.
6. The City is considering enacting by resolution Section 41-J of the
Retirement Law, which would allow up to 165 days of sick leave, if not
paid in cash, to be used in the employee’s retirement calculation. Those
165 sick days could still be used for the payment of health insurance
during retirement, as set forth in the relevant Collective Bargaining
Agreement or Managerial Compensation Benefit Package.
7. The employee’s accumulated vacation, compensatory time and any sick
leave buy-out shall be calculated by using the employee’s 2002 projected
hourly rate, without the 30% incentive salary increases being added in.
8. The employee understands that pursuant to New York State retirement
guidelines, the 30% salary increase will most likely not be included in the
employee’s final average salary calculation.
9. The employee expressly waives his/her right to participate in any other
New York State or City of Ithaca retirement incentive program.
10. The employee may apply his/her 30% incentive of ($), which is equivalent
to (hrs.), to his/her sick leave bank at the time of his/her retirement to
purchase health insurance during retirement.
November 7, 2001
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18.6 Providing for an Allowance of Unused Sick Leave Credits
Under Section 41 (j) - Resolution
By Alderperson Manos: Seconded by Alderperson Sams
WHEREAS, the New York State Retirement System has brought to our attention the
option to provide additional pension benefits of Section 41(j) of the Retirement Social
Security Law,
RESOLVED, That the Common Council of the City of Ithaca does hereby elect to
provide the additional pension benefits of Section 41(j) of the Retirement and Social
Security Law, as presently or hereafter amended, and be it further
RESOLVED, That the effective date of such shall be the 9th day of November, 2001.
City Controller Cafferillo stated that the New York State Retirement System calculates
for approximately 300+ employees and all existing employees. The total retroactive cost
is $8,900 for the whole group, and would entitle the entire group going forward to take
advantage of this benefit. He further explained that 165 days would equate to 1% of
salary at the time of retirement, and is the same for all employees in tiers 1, 2, 3 & 4,
making it a very extensive benefit for a limited cost.
A vote on the Resolution resulted as follows:
Carried Unanimously
NEW BUSINESS:
Possible Motion to Enter into Executive Session to Discuss Collective Bargaining
By Mayor Cohen: Seconded by Alderperson Hershey
RESOLVED, That Common Council adjourn into Executive Session to discuss pending
litigation and to seek advice of legal counsel and to discuss collective bargaining.
Carried Unanimously
RECONVENE:
Common Council reconvened into Regular Session with no formal action being taken.
ADJOURNMENT:
On a motion the meeting adjourned at 11:40 P.M.
________________________ _______________________
Julie Conley Holcomb, CMC Alan J. Cohen,
City Clerk Mayor