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HomeMy WebLinkAboutMN-CA-2023-01-25 CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:05 p.m. January 25, 2023 PRESENT: Alderperson Canbelmo – Chair Alderpersons (2): Barken, Defendini Mayor: Lewis EXCUSED: Alderpersons (2): McGonigal, Nguyen OTHERS PRESENT: Alderperson (1) – Brock Bridge Systems Engineer – Gebre Superintendent of Public Works – Thorne Supr of Bldgs & Code Enforcement – Fell-DeWalt Assistant Superintendent of Public Works – Gibson Assistant City Attorney – Kessler Acting Fire Chief – Covert City Chamberlain – Wright City Attorney – Lavine Chief of Staff – Mohlenhoff HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: Chairperson Cantelmo revised the agenda to add item 5.6 – DPW – North Cayuga Street Bridge over Fall Creek Replacement Project. 1.2 Review/Approval of Minutes: Alderperson Defendini made a motion to approve the minutes from the City Administration Committee meeting held on December 21, 2022. Seconded by Alderperson Barken. Motion carried 3-0. 2. Petitions and Hearings of Persons Before Council 2.1 Statements from the Public. None. 2.2 Council Response. None. 3. Consent Agenda. None. 4. Administration, Human Resources, and Policy City Administration Committee Meeting January 25, 2023 Page 2 4.1 Attorney – Approve Amended and Restated Development and Maintenance Agreement Between the City of Ithaca and City Harbor, LLC Moved by Alderperson Defendini. Seconded by Alderperson Barken. WHEREAS, City Harbor, LLC (“City Harbor”) is the owner of certain real property located at 101 Pier Road (the “Property”) within the City of Ithaca, and WHEREAS, City Harbor is in the process of developing the Property into a mixed-use residential project, and WHEREAS, a Development and Maintenance Agreement between the City of Ithaca and City Harbor was executed on May 28, 2021 (“2021 Agreement”) which, among other things, obligated City Harbor to convey certain easements, obtain certain approvals, and to construct and maintain certain improvements at its own expense for the benefit of the public such as street improvements, pedestrian walks, and improvements relating to the Newman Municipal Golf Course, and WHEREAS, since the approval of the 2021 Agreement, City Harbor has met various obligations set forth therein, including by recording certain easements, incorporating design requirements and staff approvals, and obtaining site plan approval from the City’s Planning and Development Board reflected in resolutions dated August 25, 2022 and October 25, 2022, and WHEREAS, the City of Ithaca and City Harbor wish to amend and restate the 2021 Agreement for the purpose of reflecting these and other completed items, clarifying the outstanding obligations of the parties, incorporating the most up-to-date drawings and plans, and setting forth a prospective timeline and workplan for completion of the improvements, now, therefore, be it RESOLVED, that the Common Council does hereby approve the execution of an Amended and Restated Redevelopment Agreement Between the City of Ithaca and City Harbor, LLC, regarding development of the Property and City Harbor’s construction and maintenance of related improvements, and be it further RESOLVED, that the Mayor of the City of Ithaca, subject to review by the City Attorney, is hereby authorized to execute the above referenced agreement in a form substantially in conformance with the draft attached hereto. A vote on the resolution resulted as follows: Passed 3-0. 4.2 DPW (IAWWTF) – Approve the Plant-to-Plant Agreement and Multijurisdictional Pretreatment Agreement between the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights Moved by Alderperson Defendini. Seconded by Alderperson Barken. WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF), which is owned and operated by the IAWWTF Owners, treats municipal wastewater originating from the City and Town of Ithaca, as City Administration Committee Meeting January 25, 2023 Page 3 well as portions of the Town of Dryden, pursuant to a Joint Sewer Agreement dated December 31, 2003, as it may be amended; and WHEREAS, the Village of Cayuga Heights Wastewater Treatment Plant (VCHWWTP), which is owned and operated by the Village of Cayuga Heights, treats municipal wastewater from the Village of Cayuga Heights as well as portions of the Towns of Ithaca, Dryden, Lansing, and the Village of Lansing under the terms of individual agreements with the Village of Cayuga Heights and their respective sewer use laws and ordinances; and WHEREAS, the four municipalities believe that it is in their best interests to make full use of existing community assets before building new or expanding existing facilities, provided any proposed agreement makes allowance for future demands within those municipalities during the agreement period, and that the costs are distributed in accordance with the benefits received, including avoided costs; and WHEREAS, because their mission is to serve the aforementioned municipalities, there is a history of cooperation between the owners of the two wastewater treatment plants focused on protecting the environment by cooperating in the treatment of sewage; and WHEREAS, the municipalities’ Intermunicipal Wastewater Agreement dated December 31, 2003, endorses the concept of the Village of Cayuga Heights’ utilization of excess IAWWTF capacity to leverage the efficient treatment of waste without causing an environmental emergency and/or to comply with DEC point discharge regulations; and WHEREAS, the IAWWTF Owners must implement and enforce a pretreatment program to control discharges from all IAWWTF industrial users pursuant to requirements set out in 40 CFR Part 403; and WHEREAS, the Village of Cayuga Heights agrees to adopt a sewer use law that subjects the industrial users within its boundaries whose wastewater discharges are capable of flowing to the IAWWTF to the necessary pretreatment controls, and to implement and enforce that sewer use law, and WHEREAS, the Special Joint Committee of the IAWWTF (SJC), at its meeting of January 11, 2023, voted to recommend to its municipal boards to approve the two agreements attached hereto (including any non-substantive changes made for clarity by the SJC Chair and Attorney): (A) Plant to Plant Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, and (B) Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, contingent on approval of both agreements by the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights with further recommendation that the effective date of the two agreements be as of August 15, 2021, now, therefore, be it RESOLVED, that the City of Ithaca Common Council approves the two agreements attached hereto (including any non-substantive changes made for clarity by the SJC Chair and Attorney): (A) Plant to Plant Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, and (B) Multijurisdictional Pretreatment Agreement Between City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights, contingent on approval of both agreements by the City of Ithaca, Town of Ithaca, Town of Dryden and Village of Cayuga Heights; and be it further City Administration Committee Meeting January 25, 2023 Page 4 RESOLVED, that the effective date of the two agreements be as of August 15, 2021. A vote on the resolution resulted as follows: Passed 3-0. 4.3 Human Resources Monthly Report. Chairperson Cantelmo stated that this would be a recurring agenda item for the HR Director to give a report. The report could include updates on but not be limited to: • Communication. • Accountability. • Resources needed to help fund commitments. • Ways to improve. Council members were encouraged to reach out to Chairperson Cantelmo with suggestions for items to be included in the report. 5. Finance, Budget, and Appropriations 5.1 DPW – Amendment to Personnel Roster Moved by Alderperson Barken. Seconded by Alderperson Defendini. WHEREAS, budget reductions during the COVID-19 pandemic reduced the number of administrative and financial staff in the Department of Public Works, creating a significant increase in workload and responsibility for three Financial Management Assistants (FMAs) in the Water & Sewer, Streets & Facilities, and Engineering/Parking Divisions; and WHEREAS, in April 2021, in recognition of the increased workload and responsibility, the FMAs (Grade 6 Admin Unit) were promoted to Administrative Assistant (Grade 8 Admin Unit) using available funds at the time; however, the workload and responsibility for these three employees still exceeds the level expected from an Administrative Assistant position; and WHEREAS, at Streets & Facilities and City Hall, the Administrative Assistants are currently performing work that is typically performed by Administrative Coordinators in other City departments; and WHEREAS, at Water & Sewer, the Administrative Assistant currently supervises two other administrative staff along with managing an increased workload and responsibilities, which is typically performed by an Office Manager in other City departments; now, therefore, be it RESOLVED, that the personnel roster of the Department of Public Works be amended as follows, effective June 14, 2023: Add: one (1) Office Manager Add: two (2) Administrative Coordinators Defund: three (3) Administrative Assistants City Administration Committee Meeting January 25, 2023 Page 5 and be it further RESOLVED, that the Administrative Assistant positions shall remain on the DPW personnel roster in an unfunded capacity until such time as the employees successfully complete the civil service examination process for the new positions, at which time the Administrative Assistant positions shall be abolished, and be it further RESOLVED, that the above changes shall be funded by using existing funds in the 2023 DPW budget, derived from currently vacant funded positions in accounts A5651, A5111, F8311, and G8111. A vote on the resolution resulted as follows: Passed 3-0. 5.2 Fire – Approval of Grant and Amendment to Authorized Budget Moved by Alderperson Defendini. Seconded by Alderperson Barken. WHEREAS, The Ithaca Fire Department is responsible for responding to and mitigating hazardous material incidents; and WHEREAS, the Ithaca Fire Department is the designated Hazardous Materials Response Team for Tompkins County; and WHEREAS, the Ithaca Fire Department has specialty hazardous materials detection equipment that has reached the end of its useful lifespan and is no longer supported by the manufacturer; and WHEREAS, the estimated cost to replace the specialty hazardous materials detection equipment is $50,990; and WHEREAS, the Ithaca Fire Department applied for and was awarded $45,900 through the 2022 Tompkins County Community Recovery Funds Grant; and WHEREAS, the Ithaca Fire Department receives New York State Division of Homeland Security Hazardous Materials Grant Funding to pay for the balance of the cost of the hazardous materials detection equipment; now, therefore be it RESOLVED, That Common Council authorize the Ithaca Fire Department to accept the Tompkins County Recovery Fund Grant for $45,900 to purchase specialized hazardous material detection equipment, and be it further RESOLVED, that Common Council authorizes the City Controller to amend the authorized City Fire Department Budget to purchase the hazardous materials meter at a total cost of $50,990 as follows: Increase Revenue Account A3410-4089 Federal Funds $50,990 Increase Appropriations Account A3410-5225 Other Equipment $50,990 A vote on the resolution resulted as follows: City Administration Committee Meeting January 25, 2023 Page 6 Passed 3-0. 5.3 DPW (IAWWTF) – Approval of Boiler Replacement Contract Moved by Alderperson Barken. Seconded by Alderperson Defendini. WHEREAS, on June 8, 2022, the Special Joint Committee (SJC) recommended to its municipal boards the approval of emergency funding for the Phase 1 replacement of the non-functional IAWWTF cast iron boiler, for a cost, with contingencies, not to exceed, Six Hundred and Fifty Thousand Dollars ($650,000), and WHEREAS, municipal partners approved funding for the boiler replacement project on: July 6, 2022 by the City of Ithaca; August 18, 2022 by the Town of Dryden; and August 8, 2022 by the Town of Ithaca, and WHEREAS, the IAWWTF received a contractor’s price proposal dated June 6, 2022 through Gordian, the accounting firm for the ezIQC program, in the amount of $601,580.56, and WHEREAS, a purchase order was issued to J.W. Danforth, the approved contractor through the ezIQC program, in the amount of $351,580.56 for mobilization, purchase of the new boiler to ensure that the order would arrive before winter, demolition, and disposal, and WHEREAS, remaining allowances for the labor, incidental materials, piping modifications, and boiler installation was granted by the SJC on October 12, 2022 in the amount of Two Hundred and Fifty Thousand Dollars ($250,000), which has since been referred to as “Phase 2”, and WHEREAS, J.W. Danforth has provided a Phase 2 cost proposal in an amount, not to exceed $223,180.16, and WHEREAS, work will be authorized for Phase 2 leaving a fund balance, of $75,239.28, and WHEREAS, during Phase 1 construction, Danforth has discovered many age, process, and quality issues with existing infrastructure, and WHEREAS, a Phase 3 cost proposal in the amount of $289,306.97 has been provided by J.W. Danforth outlining this additional work, which includes, pump replacements, boiler exhaust flue modifications, enhancements to combustion air intakes, glycol feeder improvements, automated controls, plumbing modifications for heat control, bonding, and engineering services, and WHEREAS, staff endorses the funding of Phase 3 improvements, in the interests of better plant operational efficiency, and longevity, and WHEREAS, in its January 11, 2023 meeting, the Special Joint Committee recommended that its municipal boards expand the Boiler Replacement Project Scope to include pump replacements, boiler exhaust flue modifications, enhancements to combustion air intakes, glycol feeder improvements, plumbing modifications for heat control, and automated controls, for a cost, with contingencies, not to exceed Two Hundred Fifty Five Thousand Dollars ($255,000); now, therefore, be it City Administration Committee Meeting January 25, 2023 Page 7 RESOLVED, that Capital Project CP 423J, Boiler Replacement Project, be hereby amended by an amount not to exceed $255,000 for the purposes of funding said replacements, modifications and improvements for a new total project authorization of $905,000, and, be it further RESOLVED, that the City of Ithaca share of the approved amount will be One Hundred Forty Five Thousand Seven Hundred and Seven Dollars ($145,707), and, be it further RESOLVED, that funds necessary for said contract amendment be derived from the following sources as determined by the City Controller: operating funds, fund balance serial bonds, capital reserves, grants and Federal stimulus funds. A vote on the resolution resulted as follows: Passed 3-0. 5.4 Chamberlain’s Office – Amendment to Personnel Roster Moved by Alderperson Defendini. Seconded by Alderperson Barken. WHEREAS, the Chamberlain’s Office is planning for the anticipated retirement of the Deputy City Chamberlain in 2023, and WHEREAS, the succession plan includes hiring a temporary second Deputy City Chamberlain by May 2023 for the remainder of the year to ensure the smooth transition of information and duties; and WHEREAS, the Chamberlain’s Office is working closely with HR; and the Ithaca Civil Service Commission will review the proposed addition of the temporary second Deputy City Chamberlain position at their February 15, 2023 meeting; now, therefore, be it RESOLVED, that subject to the approval of the Ithaca Civil Service Commission, the Personnel Roster of the City Chamberlain’s Office be amended as follows: Temporarily Add: One (1) Additional Deputy City Chamberlain 40 hours and be it further RESOLVED, that the funding for this change shall be derived from monies authorized in Restricted and Unrestricted Contingency as part of the 2023 Authorized Budget and shall not exceed $52,000, and be it further RESOLVED, that Common Council hereby directs the Controller to move funds from Restricted and Unrestricted Contingency to the Chamberlain’s Office as necessary to account for said roster amendment. A vote on the resolution resulted as follows: Passed 3-0. City Administration Committee Meeting January 25, 2023 Page 8 5.5 Hector Street over Linderman Creek Culvert Rehabilitation Resolution Moved by Alderperson Barken. Seconded by Alderperson Defendini. WHEREAS, a Project for the Hector Street over Linderman Creek Culvert Rehabilitation, P.I.N. 375701 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non- federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design; and WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions, now, therefore, the Common Council, duly convened does hereby RESOLVED, that the Common Council hereby approves the above-subject project, subject to further environmental review of construction; and it is hereby further RESOLVED, that the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design work for the Project or portions thereof, and it is further RESOLVED, that the sum of $150,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and it is further RESOLVED, that Common Council hereby creates Capital Project # 927, Hector Street over Linderman Creek Culvert Rehabilitation, to include the Project costs of $150,000, and it is further RESOLVED, that in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, that the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and it is further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $30,000 of the $150,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further City Administration Committee Meeting January 25, 2023 Page 9 RESOLVED, that a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed 3-0. 5.6 DPW – Approval of N. Cayuga Street Bridge over Fall Creek Project Moved by Alderperson Defendini. Seconded by Alderperson Barken. WHEREAS, a project for the replacement of the North Cayuga Street Bridge over Fall Creek, P.I.N. 375700 (“the Project”) is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non-Federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non- Federal share of the costs of Scoping, Preliminary Design, and Final Design and WHEREAS, this project has been determined to be a Type I Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQRO’) §176-4 B Item (1) (m) and the State Environmental Quality Act (“SEQRA”) §617.4 (11), however the action at hand (engineering and design) is not subject to environmental review and the project will not proceed to construction until environmental requirements have been met, and WHEREAS, on December 14, 2022, $450,000 (80% Federal and 20% non-Federal) project funding for the project made available by the New York State Department of Transportation to cover the cost of participation in Scoping, Preliminary Design, and Final Design; now therefore, the Common Council, duly convened does herby RESOLVED, that the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the Federal and non-Federal share of the cost of Scoping, Preliminary, and Final design thereof; and be it further RESOLVED, that the sum of $450,000 is hereby appropriated from Capital Project #XXX and made available to cover the cost of participation in the above phases of the project; and it is further RESOLVED, that in the event the full Federal and non-Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That funds needed for said project shall be derived from the issuance of Serial Bonds with the City’s estimated share of the project cost not to exceed 20% or $90,000; and it is further City Administration Committee Meeting January 25, 2023 Page 10 RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, That this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed 3-0. 6. City Manager Transition 6.1 Update and Workplan Review: Chief of Staff Mohlenhoff stated that this topic will be a standing item on the agenda to keep Common Council updated on the hiring process for the City Manager. 7 Other Business 7.1 Approval Amendments to the Ithaca Energy Code Supplement Moved by Alderperson Defendini. Seconded by Alderperson Barken. WHEREAS, Article VII of Chapter 146 of the Ithaca City Code (“Article VII”) authorized the establishment and implementation of the Ithaca Energy Code Supplement and Ithaca Energy Code Supplement Reference Manual (collectively “IECS”), and WHEREAS, the purpose of Article VII is to reduce greenhouse gas emissions from new construction and renovation of buildings, advance best practices in the design of affordable buildings, and facilitate a rapid and orderly transition to supply building energy needs from non-fossil fuel sources, and WHEREAS, the IECS was adopted and implemented in May 2021, and WHEREAS, periodically amending the IECS to ensure that it is clear and up-to-date is necessary to further the purposes of Article VII, and WHEREAS, Section 146-57 requires Common Council approval for certain types of amendments to the IECS, including substantive changes to point values, and City Administration Committee Meeting January 25, 2023 Page 11 WHEREAS, Common Council finds that updating the definitions contained in the IECS, making dormitories eligible to earn density points, adjusting point values to further incentivize the development of electric vehicle parking spaces, and making certain other changes will further the purposes of Article VII, now, therefore, be it RESOLVED, that the Director of Planning and Development or her designee are hereby authorized to amend the IECS to implement the changes to definitions, OP1 Development Density, OP3 Electric Vehicle Parking Spaces, OP6 Custom Energy Improvement, and any and all other changes outlined in the memorandum submitted in connection with this resolution A vote on the resolution resulted as follows: Passed 3-0. 8. Meeting Wrap-up 8.1 Announcements. None. 8.2 Next Meeting Date: February 22, 2023. 8.3 Review, Agenda Items for Next Meeting. None. 8.4 Adjourn: With no further business and on a motion by Alderperson Defendini, the meeting was adjourned at 7:04 p.m.