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HomeMy WebLinkAboutMN-CA-2021-01-27CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 27, 2021 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Fleming, Kerslick, McGonigal (joined meeting at 6:03 p.m.), Nguyen Mayor (1): Myrick OTHERS PRESENT: Alderpersons (2) – Brock, Fleming Deputy GIAC Director – Brooks Bridge Systems Engineer – Gebre City Attorney – Lavine Acting Superintendent of Public Works – Gibson HR Director – Michell-Nunn Controller – Thayer Chief of Staff – Cogan 1. Call to Order 1.1 Agenda Review: Item 3.2 – The single audit was not available at the time of this meeting. It will be moved forward to the Common Council meeting. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the December 23, 2020 meeting of the City Administration Committee. Seconded by Alderperson Gearhart. Motion passed 4-0 (Alderperson McGonigal was absent from the vote). (Alderperson McGonigal joined the meeting at 6:03 p.m.) 1.3 Statements from the Public. None. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items. None. 3. City Administration, Human Resources, and Policy 3.1 South Cayuga Street Bridge Deck Replacement Project Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, a project for the rehabilitation of the South Cayuga Street Bridge over Six Mile Creek, P.I.N. 375616 (“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 City Administration Committee Meeting January 27, 2021 Page 2 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, Detailed Design, Construction, and Construction Inspection; and WHEREAS, this Project constitutes a reconstruction of facility in-kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is, therefore, a Type II action (Categorical Exclusion) under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 and CEQR Type II Action in accordance with Section 176-5 Type II actions requiring no environmental review; and WHEREAS, As part of the approved 2018 budget, Common Council authorized $155,000 to cover the cost of participation in Scoping and Preliminary Design Phases and an additional $25,000 (100% Local Share) to cover project administration cost; and WHEREAS, On June 6, 2018, Common Council authorized $210,000 to cover the cost of participation in Detailed Design; and WHEREAS, On December 21, 2020, an additional $1,680,000 in funding for the Project was made available by the New York State Department of Transportation to cover the cost of participation in Construction and Construction Inspection; now, therefore, be it 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 Design, Detailed Design, Construction, and Construction Inspection thereof; and, be it further RESOLVED, That the City of Ithaca Common Council hereby amends CP#848 to add $1,680,000 for a total of $2,070,000; 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 8.25% or $170,775; and, be it further RESOLVED, That in the event the full Federal and non-Federal share costs of the Project exceed the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon notification by New York State Department of Transportation thereof; and, be it further 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 City Administration Committee Meeting January 27, 2021 Page 3 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 be it further RESOLVED, That this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Approval of 2019 City Single Audit The single audit was not available at the time of this meeting. The Committee members agreed to move it forward to the Common Council meeting. 4. Finance, Budget and Appropriations 4.1 Authorization to Enter into an Agreement with The REACH Project, Inc. to Establish a Pilot Project LEAD Program within the City of Ithaca Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, in 2016, the City released “The Ithaca Plan,” a comprehensive set of recommendations to address the opioid crisis, and substance abuse generally, within the City of Ithaca; and WHEREAS, a key recommendation of Ithaca Plan included establishing a local Law Enforcement Assisted Diversion (“LEAD”) program, modelled after programs like the LEAD program in Seattle, Washington, and intended to divert people convicted of jailable offenses to substance abuse treatment; and WHEREAS, the City and other stakeholders have continued to work toward the goal of establishing a local LEAD program, but its development has been limited by funding; and WHEREAS, in 2020, in response to a federal Department of Justice grant solicitation for Comprehensive Opioid, Stimulant, and Substance Abuse site-based Program, the REACH Project, Inc, an Ithaca-based non-profit harm reduction medical practice, submitted a proposal to secure funding to establish the Ithaca LEAD program; and WHEREAS, the Department of Justice selected the City of Ithaca’s proposal, providing a three-year grant and total grant amount of $900,000, and the City and the REACH Project are interested in establishing a local LEAD Program pilot project; and WHEREAS, the purpose of the Ithaca LEAD Program is to: 1) reduce racial disparities among individuals entering the criminal justice system; 2) increase the diversion rate for all eligible non-violent crimes; and 3) link participants to harm-reduction focused Substance Use Disorder (SUD) and Mental Health providers, as well as other agencies that address social determinants among the target population; and City Administration Committee Meeting January 27, 2021 Page 4 WHEREAS, the City of Ithaca is the recipient of the grant, and the REACH Project has committed to employ, supervise, and train caseworkers and/or case managers to support the LEAD Program and grant goals; and WHEREAS, in addition to employing the case management staff needed to support the LEAD Program, the REACH Project shall assist City staff in its responsibilities to submit and coordinate data for grant reporting requirements, and the City shall be responsible for overall administration of the grant and ensuring that the grant provisions are fulfilled; and WHEREAS, the REACH Project and the City will be responsible for each organization’s respective costs of the LEAD Program in the first instance, but shall submit for reimbursement in accordance with the grant requirements and terms of the agreement between the parties; and WHEREAS, as the LEAD Program will not require additional City staffing or specifically dedicated City resources at this time, program expenses are considered part of the City’s 2021 budget and subject to reimbursement in accordance with the grant requirements and the terms of the agreement with the REACH Project; now, therefore, be it RESOLVED, That Common Council supports the establishment of a LEAD program and the partnership with the REACH Project to establish the program services; and be it further RESOLVED, That the Mayor, upon the advice of the Controller and City Attorney, is authorized to execute any and all documents necessary to accept and facilitate the Department of Justice grant distribution; and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute a funding agreement with the REACH Project, Inc. to memorialize the roles and responsibilities with respect to federal grant and LEAD program. A vote on the resolution resulted as follows: Passed unanimously. 4.2 RESOLUTION 2021- __ APPROVE THE FOLLOWING AGREEMENTS: (A) AMENDMENT TO EASEMENT FOR OUTFALL PIPE FACILITIES, (B) AGREEMENT FOR ACCESS TO AND USE OF EFFLUENT AND ACCESS AGREEMENT, (C) EASEMENT TERMINATION AND RELOCATION AGREEMENT, AND (D) PROXIMITY DISCLOSURE AGREEMENT Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, City Harbor, LLC, a New York limited liability company (“City Harbor”) is the owner of certain real property located at 101 Pier Road in the City of Ithaca, County of Tompkins, State of New York, designated as Tax Map Parcel Number 17.-1-1.3 (the “City Harbor Property”); and WHEREAS, The Guthrie Clinic, a Pennsylvania non-profit corporation (“Guthrie” and, together with City Harbor, “Developers”), is the owner of certain real property located at 101 Pier Road in the City of Ithaca, County of Tompkins, State of New York, designated as Tax Map Parcel Number 17.-1- 1.2 (the “Guthrie Property”); and City Administration Committee Meeting January 27, 2021 Page 5 WHEREAS, the City of Ithaca, Town of Ithaca, and Town of Dryden (the “Municipalities”) collectively own and operate the Ithaca Area Wastewater Treatment Facility located at 525 Third Street in the City of Ithaca, County of Tompkins, State of New York (the “Facility”); and WHEREAS, the Developers have met multiple times with the Special Joint Committee (the “SJC”) of the Facility and its designated representatives to discuss plans for development of the City Harbor Property and the Guthrie Property which involve multiple agreements with the Municipalities, and WHEREAS, on August 21, 2019, the SJC adopted a resolution recommending the Municipalities enter into an agreement with City Harbor allowing its use of Facility effluent to heat and cool a development on City Harbor Property, pursuant to specified terms and conditions, and such effluent is also proposed to be used to heat and cool a development on Guthrie Property; and WHEREAS, in relation with the developments on the City Harbor Property and Guthrie Property, on June 17, 2020, the SJC adopted a resolution recommending the Municipalities release a sewer easement, abandon in place an unused 30” outfall, and enter into a replacement easement with Developers; and WHEREAS, representatives of the SJC and staff have negotiated the following four agreements with Developers: (A) Amendment to Easement for Outfall Pipe Facilities, (B) Agreement for Access To and Use of Effluent and Access Agreement, (C) Easement Termination and Relocation Agreement, and (D) Proximity Disclosure Agreement; and WHEREAS, on May 26, 2020, the City Planning and Development Board, acting as Lead Agency in a coordinated environmental review of the Type I City Harbor and Guthrie developments, determined that the proposed City Harbor and Guthrie developments, and related actions encompassing the four agreements, will result in no significant adverse impacts on the environment, and the City Planning and Development Board issued a negative declaration of environmental significance for purposes of Article 8 of the Environmental Conservation Law and 6 NYCRR Part 617 New York State Environmental Quality Review; and WHEREAS, on December 16, 2020, the SJC approved a resolution recommending approval of the four agreements, contingent on all Municipalities approving each agreement and on all such approvals becoming effective, and the SJC further recommended that the effective date of all four agreements occur simultaneously; and (A) AMENDMENT TO EASEMENT FOR OUTFALL PIPE FACILITIES WHEREAS, the Facility discharges treated sewage effluent (the “Effluent”) into Cayuga Lake by way of an outfall pipe owned by Municipalities (the “Discharge Pipe”) that runs through the City Harbor Property pursuant to an easement granted to the City of Ithaca (as Agent-Municipality, acting on behalf of itself, the Town of Ithaca, and the Town of Dryden, as tenants in common); and City Administration Committee Meeting January 27, 2021 Page 6 WHEREAS, the Developers and Municipalities wish to amend this easement to establish and confirm the rights of City Harbor to construct and maintain within the easement parcel certain facilities and improvements necessary for the development and use of the City Harbor Property and the Guthrie Property (the “Amendment to Easement for Outfall Pipe Facilities”); and (B) AGREEMENT FOR ACCESS TO AND USE OF EFFLUENT AND ACCESS AGREEMENT WHEREAS, Developers intend to access and utilize the Effluent flowing through the Discharge Pipe in order to provide for the heating and cooling of improvements to be constructed upon the City Harbor Property and Guthrie Property, pursuant to a certain Agreement for Access To and Use of Effluent and Access Agreement by and among City Harbor, Guthrie, and Municipalities (the “Effluent Use Agreement”); and (C) EASEMENT TERMINATION AND RELOCATION AGREEMENT WHEREAS, as authorized in the Municipalities’ 1984 Joint Sewer Agreement, the City holds for the benefit of the three municipal owners of the Facility rights to (1) a 10-foot wide sewer easement, and (2) a 30” outfall pipe (30” Outfall) located therein that served the old City wastewater treatment plant and has not been used since the Facility began operations, (“Sewer Easement”); and WHEREAS, City Harbor and Guthrie, property owners of the respective tax map parcels 17.-1- 1.3 and 17-1-1.2 on which the Sewer Easement is located, have requested that the Municipalities release rights to the Sewer Easement and 30” Outfall; and WHEREAS, City Harbor has offered to convey to the Municipalities a 20-foot wide replacement easement to run between Cascadilla Creek and the City property line along Pier Road (the “Replacement Easement”); and WHEREAS, City of Ithaca and Town of Ithaca staff recognize the release of rights to the Sewer Easement and 30” Outfall and acceptance of the Replacement Easement offered by the Property Owners would not be detrimental to the Municipalities; and WHEREAS, in consideration for, and to cover the expenses of, the release of its rights to the Sewer Easement and 30” Outfall, the Developers have agreed to pay the City of Ithaca $2,500, and WHEREAS, the Municipalities must undertake individual processes to authorize divestment of real property, which are subject to permissive referendum; and (D) PROXIMITY DISCLOSURE AGREEMENT WHEREAS, in connection with and as consideration for the execution of the Effluent Use Agreement and Easement Termination and Relocation Agreement among Developers and Municipalities that will allow improvements to be built on Developers’ properties, Municipalities have requested from Developers, and Developers have agreed to provide to Municipalities, a commitment to disclose their respective Property’s proximity to the Facility to each purchaser of or tenant leasing space within, upon, or for maritime docking adjacent to their Property; City Administration Committee Meeting January 27, 2021 Page 7 [If a municipality needs to hold public hearing, add a paragraph about the public hearing being held] Now, therefore, be it RESOLVED, That subject to the approval of [the Attorney for the Town][the City Attorney], and subject to a permissive referendum as permitted by law for the approval of the Easement Termination and Relocation Agreement, that the [Town Board of the Town of ____][this Common Council] approves the following agreements and authorizes their execution by the [Town Supervisor][Town Board][Mayor]: (A) Amendment to Easement for Outfall Pipe Facilities, (B) Agreement for Access To and Use of Effluent and Access Agreement, (C) Easement Termination and Relocation Agreement, and (D) Proximity Disclosure Agreement, contingent on all Municipalities approving each agreement and on all such approvals becoming effective; and be it further RESOLVED, That the four agreements shall be finalized so that the effective date of the: (A) Amendment to Easement for Outfall Pipe Facilities, (B) Agreement for Access To and Use of Effluent and Access Agreement, (C) Easement Termination and Relocation Agreement, and (D) Proximity Disclosure Agreement occur simultaneously. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Resolution Authorizing Amendments to Health Care Flexible Spending Account and Dependent Care Flexible Spending Account Plans Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the City of Ithaca (“City”) sponsors health care flexible spending account (“HCFSA”) and dependent care flexible spending account (“DCFSA”) plans in which employees of the City may elect to participate on terms as set forth in the plans; and governing laws and regulations; and WHEREAS, Section 214 of the Consolidated Appropriations Act of 2021 (the “CAA”) allows amendments to be made to HCFSA and DCFSA plans to make their use more beneficial to employees and dependents impacted by the COVID-19 pandemic; and WHEREAS, the City desires to allow employees to avail themselves of the relief provided by CAA Section 214; and WHEREAS, amendment of the terms of the City’s HCFSA and DCFSA plan terms is necessary to accomplish the foregoing; now, therefore, be it RESOLVED, that the terms of the City’s HCFSA and DCFSA plans are amended effective immediately, as follows: City Administration Committee Meeting January 27, 2021 Page 8 (1) Employees who participated in the City’s HCFSA plan, DCFSA plan or both, during 2020 and who, at the end of the 2020 plan year, had a balance remaining in either account, may carry the applicable account balance(s) forward into 2021, and (2) Employees who participated in the City’s HCFSA plan, DCFSA plan or both, during 2021 and who, at the end of the 2021 plan year, had a balance remaining in either account, may carry the applicable account balance(s) forward into 2022, and (3) Employees eligible to participate in the City’s HCFSA plan, DCFSA plan or both, may make up to two changes in the plan elections at any time in 2021, including elections to participate, increase or decrease contributions, or to cease to participate, without regard to whether a qualified status change has occurred, and (4) Employees participating in the City’s DCFSA may receive reimbursement for the care of dependent children up to age 13 from contributions made in 2020, including from 2020 contributions that are carried over to 2021; and be it further RESOLVED, that the City’s Mayor, Director of Human Resources, and Controller shall take such actions as they deem necessary or desirable to document and communicate, or to cause the administrator of the City’s HCFSA plan, DCFSA plan to document and communicate these plan amendments to employees eligible for participation in the plans, and to implement the foregoing amendments and make the amended plan features available to employees as promptly as practicable. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Resolution Authorizing Extension of Leave Time Made Available Pursuant to the Families First Coronavirus Relief Act Through March 31, 2021 Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, on March 18, 2020, the federal government adopted the Families First Coronavirus Relief Act (“FFCRA”); WHEREAS, the FFCRA required certain employers, including the City of Ithaca (the “City”), to provide specified paid leave benefits to employees to assist them in managing illness and family care demands during the COVID-19 pandemic, including leave pursuant to the Emergency Family and Medical Leave Expansion Act (“EFMLA Leave”) and the Emergency Paid Sick Leave Act (“EPSLA Leave”), effective on or about April 2, 2020; and WHEREAS, the FFCRA mandate for covered employers to provide EFMLA Leave and EPSLA Leave expired on December 31, 2020; and WHEREAS, Section 286 of the Consolidated Appropriations Act, 2021 (“CAA”) authorized employers to voluntarily extend the time by which employees must use EFMLA Leave and EPSLA Leave from December 31, 2020 to March 31, 2021, on the mandated leave contained in the FFCRA; and City Administration Committee Meeting January 27, 2021 Page 9 WHEREAS, the CAA, like the initial FFCRA, does not extend any subsidy or refundable tax credit to public sector employers to defray all or a portion of the cost of EFMLA Leave or EPSLA Leave; and WHEREAS, the City nevertheless desires to allow employees continued use of paid leave benefits provided under the terms of the FFCRA, as initially adopted, through March 31, 2021; now, therefore, be it RESOLVED, that the City shall extend the time by which EFMLA Leave and ESPLA Leave may be used by employees on the terms contained in the FFCRA as initially enacted into law, and under applicable regulations duly adopted thereunder, to March 31, 2021; and be it further RESOLVED, that the City shall continue to coordinate the paid leave benefits provided by the City to employees with those provided pursuant to the FFCRA in the same manner as it has to date to avoid duplication of payments whenever lawful and practicable; and be it further RESOLVED, that the City’s Mayor, Director of Human Resources and Comptroller shall make application for any federal or state assistance that may become available to reimburse or otherwise defray the City’s costs of providing mandated or voluntary benefits pursuant to the FFCRA, provided they deem the terms under which such assistance is offered to be advantageous to the City. A vote on the resolution resulted as follows: Passed unanimously. 5. Committee Working Group 5.1 County Broadband Committee Alderperson McGonigal stated that a Committee was created to study broadband countywide. The Committee would consist of a representative from each municipality. Alderperson McGonigal asked that a representative from the City volunteer to participate on the Committee. After discussion, Alderperson Kerslick made a motion to nominate Alderperson Nguyen as the City’s representative with Alderperson McGonigal as the City’s alternate representative. Seconded by Alderperson Gearhart. Motion carried unanimously. 5.2 City Government Structure Working Group Chairperson Mohlenhoff stated that a Working Group has been formed to look at City government and the Mayor’s position. This group would consist of Alderpersons Gearhart and Mohlenhoff, Chief of Staff Cogan, City Attorney Lavine, HR Director Michell-Nunn and Jason Molina. Some of the items this group will look at are listed below: • Does City government need to be reformed? If so, what does this mean and what would it entail? • Should the Mayor be a full or part-time position? What would be the responsibilities of the Mayor? What should be the Mayor’s salary? How is it written in the Code and Charter? City Administration Committee Meeting January 27, 2021 Page 10 • How many positions should report to the Mayor (currently there are 12 positions)? • Should the staffing support in the Mayor’s Office be changed? Is more staff needed to support the Mayor’s responsibilities? • Should the Chief of Staff position be changed to City Manager? The Committee discussed what they would need to do for this project (e.g. gather information from other municipalities, get public input, etc.) and the timeline (trying to complete by August)? Chairperson Mohlenhoff stated that this will be a standing item on the agenda. 5.3 Reimaging of Public Safety: HR Director Michell-Nunn stated that an e-mail would be sent to Common Council outlining the tentative schedule, which is listed below, for the second phase of the Reimagining Public Safety. • February 17th – the draft report would be made public. Opportunities for feedback on the report would be available in various ways. • February 24th – Presentation to Common Council (may require a special meeting). • Another meeting would be scheduled for a discussion by Common Council, which would include feedback from the community. • March 31st – Committee of the Whole would meet to adopt the report. 6. Meeting Wrap-up 6.1 Announcements: Future dates for the City Administration Committee meeting were listed on page 2 of the agenda. Please note that the meetings for November and December would be different due to the holidays. 6.2 Next Meeting Date: February 24, 2021. 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 7:26 p.m.