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HomeMy WebLinkAboutMN-CA-2018-02-21CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. February 21, 2018 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: Assistant Superintendent – Benjamin Manager of Organizational Development – Moskowitz Fire Chief – Parsons Chief of Staff – Cogan HR Director – Michell-Nunn Controller - Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the January 17, 2018 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public Sheryl Swink, of Ithaca, spoke about the City’s Code, Chapter 285 – Duty of owners to remove snow from the sidewalk surrounding the owners’ property within 24 hours of a snowfall. This system is broken. Sometimes, it may take longer than 24 hours to remove the snow, depending on the snowfall. Ms. Swink encouraged the City to create a system that would not punish people who consistently keeps his/her sidewalk free from snow, but fails to do so on occasion and to ticket/fine the habitual abusers. David Nutter, of Ithaca, thanked the Clerk’s Office and Alderperson McGonigal for informing him about the meeting and for bringing this item forward. Mr. Nutter encouraged the City to have a system that works when it comes to the removal of snow from sidewalks of property owners. The system could include property owners calling in if unable to remove the snow from the sidewalk within the allotted time. When a discussion takes place regarding this matter, Mr. Nutter asked to be included in the conversation. Larry Roberts, of Ithaca and former chair of the Disability Advisory Council, stated that some people cannot get around the City if snow is not removed from the sidewalks and curb cuts. Mr. Roberts stated that the City knows who the habitual violators are of the Code and that he does not support any changes to the Code until a serious discussion has taken place. Cynthia Brock, 1st ward Alderperson and former liaison to the Disability Advisory Council, stated that she is committed to upholding accessibility to sidewalks. People should be able to get around the City and not be trapped in their homes due to sidewalks being covered with snow. She agrees with Larry City Administration Committee Meeting February 21, 2018 Page 2 Roberts in that the Committee should not make any changes to the Code; but should look at enforcing the code first. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson McGonigal responded that he brought forth the item on snow removal because he sees a lot of snow still packed on sidewalks well after the 24 hour period. 2. Consent Agenda Items. None. 3. City Administration, Human Resources, and Policy 3.1 DPW - Reallocation of Position – Director of Parking Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, the position of Director of Parking was created in 2012 and assigned to the Managerial Compensation Plan based on an outline of the position’s anticipated duties and responsibilities, and WHEREAS, the duties and responsibilities of the position evolved into more than originally anticipated, including the addition of responsibility for the maintenance of the Ithaca Commons, and WHEREAS, the Human Resources Department has reviewed the point factor evaluation of the Director of Parking position and determined that the growth in responsibilities merits an increased point factor rating, which results in the reallocation of the position to a higher salary grade; now, therefore, be it RESOLVED, That the position of Director of Parking be reallocated from Grade 7 to Grade 8 on the City of Ithaca Managerial Compensation Plan, and be it further RESOLVED, That the funding for this reallocation shall be derived from within the approved 2018 Department of Public Works budget. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Declaration of Support of the Ithaca Children’s Garden’s Intention to Construct an “Urban Environmental Education Center” Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, the Ithaca Children’s Garden is a three-acre public garden, leased within the City of Ithaca’s Cass Park, that inspires, promotes, and sustains youth and community stewardship of the natural environment through garden-based learning and discovery, and WHEREAS, the New York State Department Regional Economic Development Council provides funds for various forms of community development throughout New York State, and City Administration Committee Meeting February 21, 2018 Page 3 WHEREAS, the Ithaca Children’s Garden intends to apply for such funding so that it may construct an “Urban Environmental Education Center” at the garden as part of an expansion of the garden into additional acreage in Cass Park that is in close proximity to the garden’s already-leased space, and WHEREAS, an “Urban Environmental Education Center” at the Ithaca Children’s Garden would advance the mission of the garden, provide additional community space and educational opportunities, and otherwise benefit members of the public visiting Cass Park and the Ithaca Children’s Garden; now , therefore, be it RESOLVED, That the City of Ithaca Common Council hereby declares its support for the Ithaca Children’s Garden’s intention to construct an “Urban Environmental Education Center” and an application by the Ithaca Children’s Garden for funding therefor. A vote on the resolution resulted as follows: Yes (4): Gearhart, Kerslick, Nguyen, Mohlenhoff No (1): McGonigal Passed 4-1. 3.3 Authorization for TCAT to Erect and Maintain an Auxiliary Storage Building on City-Owned Land Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, TCAT has requested authorization from the City to construct and maintain a post frame building to be used for storage supporting TCAT’s functions, and WHEREAS, TCAT’s proposal contemplates placing a post frame building 30’ by 30’, 12 feet high, in the area northeast of the TCAT building located at 725 Willow Avenue within City-owned land and part of the DPW parcel identified as tax map parcel 16-1-3 currently used as parking, as shown in the documents attached and incorporated into this resolution as Exhibit A, and WHEREAS, TCAT’s use of the land underlying its existing building is memorialized in a number of agreements, with a lease expiration of October 9, 2021. Such lease includes authorization to use a right of way at the south end of the TCAT facility and two easements on the north side of the facility for parking and access to the facility, with such easements remaining titled to the City, and WHEREAS, due to the City’s ongoing facilities master plan study, City staff has expressed concerns to TCAT about the permanence of the proposed structure, but finds that the property is not currently needed for other City purposes and TCAT is in need of additional space to support its operations, and WHEREAS, City staff supports permitting TCAT to erect and maintain the auxiliary storage building provided the following conditions are met:  construction of the storage facility is at TCAT’s sole risk and expense;  the City does not guarantee any rights to maintain the structure upon, and/or in the event of, termination of the TCAT lease; and City Administration Committee Meeting February 21, 2018 Page 4  the proposed structure will not increase the area shared by the City and County, and WHEREAS, the original lease specified pre-paid rent in the form of 50% of the design and construction costs as consideration of the City’s conveyance of the underlying parcel, and WHEREAS, TCAT would be solely responsible for all expenses related to construction of the proposed storage building; now, therefore, be it RESOLVED, That the Common Council hereby grants the request for authorization to erect and maintain a storage building, as proposed and in the area identified in Exhibit A, contingent upon the execution of an agreement memorializing the following conditions on TCAT’s use of the land: - construction of the storage facility is at TCAT’s sole risk and expense; - the City does not guarantee any rights to maintain the structure upon, and/or in the event of, termination of the TCAT lease; - TCAT’s authorization to use the parcel shall terminate upon such date when TCAT ceases to use 725 Willow Avenue or expiration of the TCAT parcel lease in 2021, whichever is earlier; - Upon termination of City’s authorization to use the premises, TCAT shall remove the storage building at its expense unless the parties agree otherwise; and - the proposed structure will not increase the area shared by the City and County and, be it further RESOLVED, That the Mayor, upon consultation with the Director of Planning, Superintendent, and City Attorney, is hereby authorized to execute an agreement allowing said use of City property under the conditions specified above and containing the City’s usual terms and conditions for use of City land. A vote on the resolution resulted as follows: Passed unanimously. 3.4 DPW – Parking Structure State Audit Corrective Action Plan Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the Office of the State Comptroller conducted an audit of certain aspects of parking structure safety inspections used by various municipalities including the city, and WHEREAS, the final audit report was issued on December 29, 2017 and contained five recommendations for improvements to the City’s parking structure inspection process and documentation, and WHEREAS, General Municipal Law §35 requires Common Council to approve a Corrective Action Plan detailing how and when measures will be implemented to address the recommendations, and WHEREAS the Department of Public Works (DPW) has already started to implement some corrective action to address the recommendations contained in the audit, as detailed in the attached Corrective Action Plan, and Council believes that such actions effectively address the issues raised in the report; now, therefore, be it City Administration Committee Meeting February 21, 2018 Page 5 RESOLVED, That Common Council approves the DPW 2018 Corrective Action Plan; and be it further RESOLVED, That the City Clerk shall submit a copy of the DPW 2018 Corrective Action Plan to the Office of the State Comptroller, and shall maintain the plan on file for review by the public. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 IFD - Authorization to Distribute Funds from Rescue Donations Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the City of Ithaca Board of Fire Commissioners has fiduciary responsibility for the following funds and accounts, which are held by the City Chamberlain:  Donation fund (Checking Account with Tompkins Trust Company) – Nov. Balance - $2,794.79  Rescue Donation fund (Checking Account with TTC) – Nov. Balance - $1,648.61  Bunker Fund (Trust account maintained by City Chamberlain) Balance $5.00  1896 Steamer Display Fund (Trust account maintained by City Chamberlain) Balance - $875.  175th Anniversary Fund (Trust account maintained by City Chamberlain) Balance - $ 1,173.12  Child Safety Seats (Trust account maintained by City Chamberlain) Balance – $238  Community Risk Account (Trust account maintained by City Chamberlain) Balance - $3,023.06; and WHEREAS, the original purpose for which some of these funds were established has already been addressed, and WHEREAS, there has been no specific fiduciary responsibility assigned for these funds after December 31, 2017, and the Board of Fire Commissioners, in exercising its fiduciary responsibility over the balance in these accounts, has determined that the following actions are an appropriate use or distribution of these funds; now, therefore, be it RESOLVED, That the City Chamberlain be authorized and directed to distribute the entire balance of the Rescue Donation Fund and that the funds be placed into the Ithaca Fire Department’s Equipment Operating account, and be it further City Administration Committee Meeting February 21, 2018 Page 6 RESOLVED, That the City Chamberlain be authorized and directed to close the Rescue Donation fund account, and be it further RESOLVED, That the City Chamberlain be authorized and directed to distribute the balance of the Donation Fund, less $1,500 which shall be left in the account for future use of the Ithaca Fire Department, and that the distributed funds be placed into the Ithaca Fire Department’s Equipment Operating account, and be it further RESOLVED, That the Fire Chief be authorized and directed to spend the funds that were transferred to the Equipment Operating Account to help Neriton Fire Company No. 9 outfit their new fire police vehicle and for other equipment acquisitions in amounts at his discretion, and be it further RESOLVED, That the City Chamberlain be authorized and directed to transfer the entire balance of the Child Safety Seats fund and the Bunker Fund into the Community Risk account, and be it further RESOLVED, That the City Chamberlain be authorized and directed to close the Child Safety Seats fund and Bunker Fund accounts, and be it further RESOLVED, That the City Chamberlain be authorized and directed to transfer the entire balance of the 1896 Steamer Display Fund into the 175th Anniversary Fund, and be it further RESOLVED, That the City Chamberlain be authorized and directed to close the 1896 Steamer Display Fund account, and be it further RESOLVED, That the City Chamberlain be authorized to distribute funds in perpetuity from the Community Risk Account at the discretion of the Fire Chief for purposes of providing materials to the members of the public that reduce the risk of loss of life, injury, or property damage, and be it further RESOLVED, That Common Council directs that the authority to distribute funds from the trust accounts be transferred under the authority of the City Controller, and be it further RESOLVED, That Common Council hereby grants authority to the Fire Chief and City Controller to use and distribute current and future funds held in the Donation fund account for the benefit of the Ithaca Fire Service based on the advice and recommendation from either Neriton Volunteer Company No. 9 or the Career Staff of the Ithaca Fire Department. A vote on the resolution resulted as follows: Passed unanimously. 4.2 Request to Charter Communications to Reinstate Channel WENY in Ithaca Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, soon after Charter Communications/Spectrum purchased the local television cable franchise from Time Warner, the Elmira/Corning/Ithaca TV station, WENY, Channel 19, an ABC affiliate, was dropped from the basic cable offering in Ithaca; and City Administration Committee Meeting February 21, 2018 Page 7 WHEREAS, this change seems to have been instigated by Nexstar, the company that owns the Syracuse ABC affiliate in Ithaca's designated market area, WSYR; and WHEREAS, for many years, WENY has been the leading TV source for local news and events in the Ithaca area; and WHEREAS, local school districts belong to sports leagues that are located primarily in the Southern Tier, which is the viewing area of WENY; and WHEREAS, WENY sends reporters to cover City of Ithaca and Tompkins County government meetings, as well as sporting events in Ithaca and the surrounding school districts, and at Cornell University and Ithaca College, while Syracuse TV stations, including WSYR, focus their reporting on local governments, schools, and state and federal election districts that are closer to home; and WHEREAS, Ithaca is part of the 23rd U.S. Congressional District, the 58th N.Y.S. Senatorial District, and the 125th N.Y.S. Assembly District, all of which are located in the Southern Tier/Finger Lakes region that coincides with the WENY viewing area, and which are reported on extensively by WENY; and WHEREAS, acknowledging the fact that Federal Communication Commission regulations dictate that major network affiliates from a community's designated market area, in Ithaca's case Syracuse, must be carried, Charter Communication's predecessor, Time Warner, opted to offer WENY as well; and WHEREAS, WETM in Elmira does not cover Ithaca and Tompkins County in its local newscasts, nor compete with WENY for advertisers in the Ithaca area; and WHEREAS, television cable subscribers in the Ithaca area have come to rely on WENY to bring them important local news, sports and weather reports, as well as announcements of upcoming events; and WHEREAS, Spectrum/Charter Communications has continued to offer WENY to a portion of its Ithaca and Tompkins County customers on Channel 1210, as a CBS-affiliated station; now, therefore, be it RESOLVED, That the City of Ithaca's Common Council formally requests that Charter Communications reinstate WENY into the Ithaca area's basic, least expensive cable offering for all its customers, and that Charter Communications commit to keeping WENY as part of their basic cable offering into the foreseeable future; and, be it further RESOLVED, That this resolution be forwarded to the New York State Public Service Commission, WSYR in Syracuse, WETM in Elmira, Nexstar Broadcasting, Lilly Broadcasting, the Tompkins County Legislature, Assemblywoman Barbara Lifton, State Senator Tom O'Mara, Governor Andrew Cuomo, Congressman Tom Reed, and Senators Charles Schumer and Kirsten Gillibrand. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting February 21, 2018 Page 8 5. Award of Bids 5.1 IFD – Award of Bid – Fire Hose Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, bids were received and opened on February 13, 2018, and reviewed by staff for the 2018 Fire Department Municipal Fire Hose Acquisition, and WHEREAS, staff recommends that the low bid from Tyler Fire Service Co., Elmira, New York be accepted; now, therefore, be it RESOLVED, That Common Council hereby accepts staff’s recommendation and awards the bid for the 2018 Fire Department Municipal Fire Hose Acquisition to Tyler Fire Service Co., Elmira, New York for their low bid meeting specifications, and be it further RESOLVED, That Common Council hereby authorizes the Fire Chief to enter into an agreement for said acquisition. A vote on the resolution resulted as follows: Passed unanimously. 6. Items for Discussion 6.1 Chapter 285, Article II: Snow, Ice and Other Obstructions on Sidewalks and Ramps Chief of Staff Cogan speared headed the discussion on how to address issues of property owners not adhering to the Code regarding the removal of “snow, ice and other obstructions on sidewalks and ramps”. The Code goes on to say that “the sidewalks shall be cleared of such obstructions within 24 hours of when the obstruction initially occurs”. Some suggestions/questions coming out of the discussion were the following:  How do you get the public to comply with the Code? Has the Code been communicated to the public?  Re-think the 24 hour period. Is this enough time for self-owned businesses to shovel the sidewalk of multiple clients?  Have a discussion with the Building Division about their process (e.g. how many tickets are written, how do they decide if someone is out of compliance with the law, how do they handle habitual abusers, etc.)  Do not modify the Code first  Should this item go before a Commission? 6.2 Draft City Procurement Policy Deputy Controller Andrew distributed the draft of the Procurement Policy. Mr. Andrew highlighted the changes to the City’s current Procurement Policy. He asked the Committee to review the policy and provide him with feedback. This policy will be on the March agenda. City Administration Committee Meeting February 21, 2018 Page 9 7. 2019 Budget Process Chief of Staff Cogan stated that he would be meeting with the Controller to discuss the dates for the budget meetings in October. He asked the Committee to look at dates in October and let him know if there are dates that they would not be available. Mr. Cogan mentioned that there would be less days for the budget meetings due to the Commissions meeting on Mondays starting in April. The Committee continued to talk about meeting on the 4th Wednesdays of the month with departments. These meetings would be for department heads to keep the Committee updated with things happening in their respective departments. 8. Meeting Wrap-up 8.1 Announcements. None. 8.2 Next Meeting Date: March 21, 2018. 8.3 Review, Agenda Items for Next Meeting: Items to be considered for future City Administration Committee meetings:  American Anti-Corruption Act  Shopping Cart Ordinance  Parking Equipment/Parking Rates  Mass Notification System (MNS): How is the MNS working with odd/even parking? Are students using the Notification System? The City will make sure that Cornell University and Ithaca College are aware of the MNS  Fees: Get a better handle on all City fees. What are the current fees? What should they be and why? 8.4 Adjourn: With no further business and on a motion by Alderperson Gearhart, the meeting was adjourned at 8:09 p.m.