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HomeMy WebLinkAboutMN-CC-2002-12-10 COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Continuation of December 4, 2002 Meeting 7:30 pm December 10, 2002 PRESENT: Mayor Cohen Alderpersons (9) Manos, Pryor, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey OTHERS PRESENT: City Clerk – Conley Holcomb City Attorney – Schwab City Controller - Thayer Planning and Development Director – Van Cort Deputy Planning and Development Director – Cornish Economic Development Director – McDonald Community Development Planner - Kittel Human Resources Director – Michell-Nunn EXCUSED: Alderperson Sams A Public Hearing to Consider the IURA Proposed Purchase and Sale Contract for Inlet Island Land Exchange with Ciaschi Resolution to Open Public Hearing By Alderperson Whitmore: Seconded by Alderperson Blumenthal RESOLVED, That the Public Hearing to Consider the IURA Proposed Purchase and Sale Contract for Inlet Island Land Exchange with Ciaschi be declared open. Carried Unanimously The following people addressed Common Council: Joel Harlan, Town of Newfield Albert Kelly, City of Ithaca Fay Gougakis, City of Ithaca Paul Salon, City of Ithaca Conservation Advisory Council Resolution to Close Public Hearing By Alderperson Hershey: Seconded by Alderperson Mack RESOLVED, That the Public Hearing to Consider the IURA Proposed Purchase and Sale Contract for Inlet Island Land Exchange with Ciaschi be declared closed. Carried Unanimously Inlet Island Land Exchange - Approve IURA proposed sale with Ciaschi - Resolution By Alderperson Manos: Seconded by Alderperson Whitmore WHEREAS, the City of Ithaca Common Council has previously completed environmental reviews and authorized transfer of surplus City-owned property on Inlet Island to the Ithaca Urban Renewal Agency (IURA) for the purpose of disposition to Joseph O. Ciaschi in exchange for land on Inlet Island of approximately equal value, and WHEREAS, the IURA has developed a proposed purchase and sale contract, and WHEREAS, in accordance with the provisions of IURA land disposition policies and §507 of General Municipal Law, the proposed sale of land by the IURA requires approval by the Common Council following a public hearing on the proposed disposition, and December 10, 2002 2 WHEREAS, in compliance with General Municipal Law, a legal notice announcing a December 10, 2002 public hearing and disclosing the terms of the proposed disposition was published in the Friday, November 29, 2002 edition of the Ithaca Journal, therefore be it RESOLVED, That the Common Council hereby approves the proposed purchase and sale contract between the IURA and Joseph O. Ciaschi to acquire approximately 2.944 acres of land on Inlet Island (p/o tax map nos. 58.-2-1.2 and 58.-2-1) and for the IURA to acquire approximately 1.781 acres of land on Inlet Island (tax map no. 52.-1-1.1 and 52.-1-1.3). Extensive discussion followed on the floor regarding an easement to allow pedestrian access and public parking alternatives. Amending Resolution By Alderperson Blumenthal: Seconded by Alderperson Peterson RESOLVED, That an additional Resolved clause be added to the Resolution to read as follows: “RESOLVED, That an easement shall be crafted between Joseph O. Ciaschi and the City to be included in the purchase and sale contract so that east/west pedestrian access will be maintained across the island.” Ayes (8) Manos, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey Nays (1) Pryor Carried Further discussion followed regarding transfer of land procedures, development and zoning issues. Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously Resolution to Allow Sick Leave Buyout for Employees Terminated by Layoff – Carried over from December 4, 2002 By Alderperson Cogan: Seconded by Alderperson Whitmore WHEREAS, due to budgetary pressures, the Mayor and Common Council were forced to include layoffs in the City’s 2003 budget, and WHEREAS, the Common Council recognizes the unusual situation posed by layoffs, with employees being terminated for reasons other than just cause, and WHEREAS, employees who are terminated for just cause lose their accrued sick time while employees who retire are able to either cash in a portion of their sick time or use accrued sick time to extend health insurance coverage, and WHEREAS, the Common Council is supportive of allowing employees who are slated to be laid off some latitude in exercising similar rights, and WHEREAS, the Common Council does not wish, in allowing employees who will be laid off to use sick time in this manner, to establish a past practice; now, therefore, be it RESOLVED, That Common Council requests that the Human Resources Director work with the appropriate bargaining units to develop Memoranda of Understanding allowing the City to extend these benefits without establishing a past practice or engaging in protracted negotiations on the subject of severance benefits, and, be it further December 10, 2002 3 RESOLVED, That Common Council grants to employees whose positions are slated for elimination in the 2003 budget the right to receive a cash settlement for unused sick time, up to a maximum of $11,000, and, be it further RESOLVED, That said employees may elect to waive the cash settlement and apply all of their accumulated sick leave toward extended health and/or dental insurance coverage at prevailing premium rates. Extensive discussion followed regarding the financial impacts of this resolution. Motion to Table – December 4, 2002: By Alderperson Cogan: Seconded by Alderperson Whitmore RESOLVED, That this item be tabled pending further information from the Human Resources Department and City Controller’s Office. Ayes (9) Manos, Pryor, Sams, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan Nays (1) Hershey Carried Remove from Table – December 10, 2002: By Alderperson Manos: Seconded by Alderperson Hershey RESOLVED, That this item be removed from the table. Carried Unanimously Amended Resolution Alderperson Peterson presented the original resolution with the following amendments: Second Whereas Clause: “WHEREAS, the Common Council recognizes the unusual situation posed by layoffs, with employees being separated for reasons other than just cause, and” Third Whereas Clause: “WHEREAS, employees who are terminated for just cause or voluntarily separate, lose their accrued sick time while employees who retire are able to either cash in a portion of their sick time or use accrued sick time to extend health and/or dental insurance coverage beyond May 31, 2003, and” Second Resolved Clause: RESOLVED, That Common Council grants to employees whose positions are slated for elimination in the 2003 budget, the right to receive a 50% or other percentage cash settlement for unused sick time, up to a maximum of $11,000, in accordance with their bargaining units’ rules, and be it further” Third Resolved Clause: RESOLVED, That said employees may elect to waive the cash settlement and apply all of their accumulated sick leave toward extended health and/or dental insurance coverage at prevailing premium rates or as per their individual bargaining unit procedures for purchasing insurance at retirement, and be it further” Fourth Resolved Clause: RESOLVED, That the cash buyouts will be covered through unrestricted contingency. Extensive discussion followed on the floor with City Controller Thayer offering Blue Cross/Blue Shield recommendations, explaining the potential financial impact on the City, and suggesting that the extension of health insurance coverage be capped at twelve months. December 10, 2002 4 Amending Resolution By Alderperson Pryor: Seconded by Alderperson Mack RESOLVED, That the Second, Third, and Fourth Resolved Clauses be amended to read as follows: “RESOLVED, That Common Council grants to employees whose positions are slated for elimination in the 2003 budget the right to receive 50% cash settlement for unused accumulated sick time, and be it further RESOLVED, That said employees may elect to waive the cash settlement and apply all of their accumulated sick leave toward extended health and/or dental insurance coverage at prevailing premium rates, and, be it further RESOLVED, That the cash buyouts will be covered with savings in unemployment insurance funds. Extensive discussion followed on the floor regarding the proposed amendment. A vote on the Amending Resolution resulted as follows: Ayes (8) Pryor, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey Nays (1) Manos Carried Amending Resolution By Alderperson Hershey: Seconded by Alderperson Cogan RESOLVED, That the following language replace the last Resolved Clause: “RESOLVED, if an employee chooses the insurance coverage option, and elects to terminate that coverage within one year, any balance of remaining sick leave may be cashed out at 50%.” Extensive discussion followed on the floor. Motion to Call the Question By Alderperson Whitmore: Seconded by Alderperson Blumenthal RESOLVED, That the Question be called on the Resolution. Ayes (8) Manos, Pryor, Whitmore, Vaughan, Blumenthal, Mack, Hershey, Cogan Nays (1) Peterson Carried A vote on the Amending Resolution resulted as follows: Ayes (0) Nays (9) Manos, Pryor, Whitmore, Vaughan, Blumenthal, Mack, Peterson, Cogan, Hershey Failed Motion to Call the Question By Alderperson Hershey: Seconded by RESOLVED, That the Question be called on the Amended Resolution. Failed for lack of a second Amending Resolution By Alderperson Whitmore: Seconded by RESOLVED, If an employee elects to use their accumulated sick leave toward extended health and/or dental insurance coverage, and chooses to terminate that insurance coverage, they may receive the cash equivalent of the remainder of their accumulated sick leave up to May 31, 2004. Failed for lack of a second Amending Resolution By Alderperson Mack: Seconded by Alderperson Cogan RESOLVED, That the following clauses be amended as follows: December 10, 2002 5 First Whereas Clause: “Whereas, due to budgetary pressures, the Mayor and Common Council were forced to include layoffs in the City’s 2003 budget as adopted November 6, 2003, and” First Resolved Clause: “Resolved, That Common Council requests that the Human Resources Director work with the appropriate bargaining units to develop and execute Memoranda of Understanding allowing the City to extend these benefits without establishing a past practice or engaging in protracted negotiations on the subject of severance benefits, and be it further” Second Resolved Clause: “Resolved, That Common Council grants to employees whose positions are slated for elimination in the 2003 budget as adopted November 6, 2003, the right to receive 50% cash settlement for unused accumulated sick time, and, be it further” Carried Unanimously Amending Resolution By Alderperson Hershey: Seconded by Alderperson Blumenthal RESOLVED, That the following Resolved Clause be added as the last Resolved Clause: “RESOLVED, Should an employee elect to purchase health coverage with their accumulated benefit time and then elect to discontinue paying for health coverage with their accumulated benefit time, the employee may elect to cash in 50% of the value of the remainder of the accumulated benefit time that could have been used to purchase health coverage up to May 31, 2004. Extensive discussion followed on the floor regarding the amended language. A vote on the Amending Resolution resulted as follows: Ayes (7) Whitmore, Vaughan, Blumenthal, Mack, Peterson, Hershey, Cogan Nays (2) Manos, Pryor Carried Amending Resolution By Alderperson Cogan: Seconded by Alderperson Whitmore RESOLVED, That in the event that an employee who chooses to extend health coverage as outlined above receives other health coverage, then the City’s health coverage will be terminated and the employee may receive a cash settlement as specified in the previous Resolved Clause. Motion to Call the Question; By Alderperson Whitmore: Seconded by Alderperson Hershey RESOLVED, That the question be called on the Amending Resolution. Ayes (6) Whitmore, Vaughan, Blumenthal, Mack, Hershey, Cogan Nays (3) Peterson, Manos, Pryor Carried A vote on the Amending Resolution resulted as follows: Ayes (7) Whitmore, Vaughan, Blumenthal, Mack, Peterson, Hershey, Cogan Nays (2) Manos, Pryor Carried Several friendly amendments were offered by Common Council to clarify the intent of the Resolution. December 10, 2002 6 Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Ayes (7) Whitmore, Vaughan, Blumenthal, Mack, Peterson, Hershey, Cogan Nays (2) Manos, Pryor Carried The Resolution as Amended reads as follows: Resolution to Allow Sick Leave Buyout for Employees Terminated by Layoff WHEREAS, due to budgetary pressures, the Mayor and Common Council were forced to include layoffs in the City’s 2003 budget as adopted on November 6, 2002, and WHEREAS, the Common Council recognizes the unusual situation posed by layoffs, with employees being separated for reasons other than just cause, and WHEREAS, employees who are terminated for just cause or voluntarily separate, lose their accrued sick time while employees who retire are able to either cash in a portion of their sick time or use accrued sick time to extend health and/or dental insurance coverage beyond May 31, 2003, and WHEREAS, the Common Council is supportive of allowing employees who are slated to be laid off some latitude in exercising similar rights, and WHEREAS, the Common Council does not wish, in allowing employees who will be laid off to use sick time in this manner, to establish a past practice; now, therefore, be it RESOLVED, That Common council requests that the Human Resources Director work with the appropriate bargaining units to develop and execute Memoranda of Understanding allowing the City to extend these benefits without establishing a past practice or engaging in protracted negotiations on the subject of severance benefits, and, be it further RESOLVED, That Common Council grants to employees whose positions are slated for elimination in the 2003 budget as adopted November 6, 2002 and are actually separated from City employment, the right to receive 50% cash settlement for unused accumulated sick time, and, be it further RESOLVED, That said employees may elect to waive the cash settlement and apply all of their accumulated sick leave toward extended health and/or dental insurance coverage up to May 31, 2004 at the City’s equivalent premium rates which can change from time to time, and, be it further RESOLVED, That the cash buyouts will be covered with savings in unemployment insurance, and, be it further RESOLVED, Should an employee elect to purchase health coverage with their accumulated benefit time and then elect to discontinue paying for health coverage with their accumulated benefit time, the employee may elect to cash in 50% of the value of the remainder of the accumulated benefit time that could have been used to purchase health coverage up to May 31, 2004, and, be it further RESOLVED, That in the event that an employee who chooses to extend health coverage as outlined above receives other health coverage, then the City’s health coverage will be terminated and the employee may receive a cash settlement as specified in the previous Resolved Clause. December 10, 2002 7 Recess: Common Council recessed at 10:00 p.m. Reconvene: Common Council reconvened into Regular Session at 10:10 p.m. Advice of Legal Counsel Session Common Council sought the advice of legal counsel at 10:10 p.m. Reconvene: Common Council reconvened into Regular Session at 10:25 p.m. Inlet Island Promenade – Report Mayor Cohen noted that he and Common Council were in receipt of a letter from Henrik Dullea, Cornell University Vice President for University Relations, requesting the creation of a joint team that would work intensively for a 2 week period to explore design issues and ideas. The letter further stated that Cornell University would hold the City fiscally neutral for any reasonable additional costs associated with this review process, and that the University would be prepared to discuss their participation in contributions for any additional costs associated with mutually determined remedial actions. Alderperson Mack and Mayor Cohen reported on a meeting held Friday, December 6, 2002 with Cornell University, Ithaca College, and City Officials along with representatives of the rowing community. The following issues were raised: boat traffic and safety concerns; wave reflection; width of rowing lanes. Mayor Cohen asked Mr. Dullea if Cornell University Counsel would be able to prepare a legal agreement for City review by the afternoon of December 11, 2002 for Council consideration that evening. Mr. Dullea responded affirmatively. Extensive discussion followed on the floor with Community Development Planner Kittel, Deputy Planning and Development Director Cornish, and Vice President for University Relations Dullea regarding the costs of delaying construction on the promenade, and the safety aspects of the presence of motorboats in the inlet, and boat mooring on the promenade during rowing training and racing periods. Special Common Council Meeting Mayor Cohen called a Special Common Council Meeting for December 11, 2002 at 7:00 p.m. to consider a Resolution to suspend construction on the Inlet Island Promenade for a two-week period, and to select a preferred developer for the Cayuga Green Project. No Common Council member objected. Alderperson Mack asked Common Council to consider issuing an order to stop construction on the Promenade effective December 11, 2002. Discussion followed on the floor with Council members expressing a desire to wait until the legal agreement is drafted, and Council discusses this issue further tomorrow night. ADJOURNMENT: On a motion the meeting adjourned at 11:25 P.M. ________________________ _______________________ Julie Conley Holcomb, CMC Alan J. Cohen, City Clerk Mayor