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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 3 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 4 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 5 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 6 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 7 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 8 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 9 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 10 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 11 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 13 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 14 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 18 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