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
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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
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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