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HomeMy WebLinkAboutMN-CA-2021-05-26CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. May 26, 2021 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen Mayor (1): Myrick OTHERS PRESENT: Alderpersons (2) – Brock, Lewis City Attorney – Lavine Fire Chief – Parsons Assistant City Attorney – Flaherty Planning Director – Cornish Deputy YB Director – Tabor Director of Economic Development – Knipe IURA Executive Director – Bohn Acting Police Chief – Joly Assistant City Attorney – Josephson HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew Campanelli & Associates – Campanelli MATCOM Members – Lerner & Chang Community Police Board Members – Rogers, Simmons, and Onyejuruwa 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 April 28, 2021 meeting of the City Administration Committee. Seconded by Alderperson Gearhart. Motion carried unanimously. 1.3 Statements from the Public Jerone Gagliano, Ithaca resident and Professional Engineer, spoke about the small cell design guidelines. He looked at the recommendations submitted by Campanelli and Associates, P.C. Jerone state that three [3] of the four [4] suggestions did not make it into the reports, which were: language regarding perjury, the general liability insurance without pollution exclusion, and the revocability provision. He asked that the City follow other cities by placing the towers away from residents, schools, and churches. Allison DeSario looked at the report submitted by Campanelli. Allison encouraged the Committee to include in the report language regarding general liability insurance without pollution exclusion and language to protect the community if someone gets hurt by this technology. Otherwise, she encouraged the Committee to adopt the report. City Administration Committee Meeting May 26, 2021 Page 2 Zachary Winn, Ithaca resident, spoke about the Acting Police Chief’s protest guidelines for the Ithaca Police Department. Zachary talked about someone of the issues that happened during the protests, expressed his concerns about people getting hurt during the protests and thanked Acting Police Chief for putting together the procedures for protesting in Ithaca. Irina Peress, Town of Ithaca, spoke about the small cell design guidelines and the Campanelli Report. Irina asked that a test be done for radiation output and put in the code, that the company prove that there is a gap in service and that towers be set more than eight [8] feet away from the community. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items 2.1 Planning, Building & Economic Development – Request to Release funds from Contingency to Fund 5G Design Guidelines Consultant Contract Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, as part of the 2021 authorized City Budget, $8,000 was placed in restricted contingency for the purpose of hiring a consultant for the 5G Design Guidelines related to the review and amendment of the City’s existing ordinance; and WHEREAS, Campanelli & Associates, P.C. was hired for the requested design guidelines consultant contractor; now, therefore, be it RESOLVED, That Common Council hereby transfer an amount not to exceed $8,000 from the Restricted Contingency Account A1990 to Account A8020-5435 Planning contracts, for the purpose of accounting for the hiring and payment of Campanelli & Associates, P.C. for the consultant services related to the 5G Design Guidelines. A vote on the resolution resulted as follows: Passed unanimously. 2.2 Youth Bureau – Amendment of 2021 Budget Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the Youth Bureau summer day camps provide childcare options for families with children between the ages of 5 – 12 years; and WHEREAS, the Youth Bureau has received a grant in the amount of $9,000 to assist with meeting various requirements that will make them eligible to receive day care subsidies from NYS; and WHEREAS, these funds will help children from low-income families afford summer camp at Cass and Stewart Park for the whole summer season; now, therefore, be it City Administration Committee Meeting May 26, 2021 Page 3 RESOLVED, That the 2021 Youth Bureau Budget shall be amended as follows: Increase Expenses: A7310-5460-01562 $4,500 A7310-5460-01564 $4,500 Total $9,000 Increase Revenues: A7310-2070-01562 Donations $4,500 A7310-2070-01564 Donations $4,500 Total $9,000 A vote on the resolution resulted as follows: Passed unanimously. 2.3 Planning, Building & Economic Development - Amendment to Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the Planning Department is preparing for the upcoming retirement of the Zoning Administrator; and WHEREAS, as part of the Planning Department’s succession plan, the Zoning Administrator has begun training and transferring duties to another staff member to allow for the smooth transition of responsibilities upon the Zoning Administrator’s retirement; and WHEREAS, the second staff member has assumed enough of the Zoning Administrator’s responsibilities that it is appropriate to create an overlapping Zoning Administrator position to recognize and compensate the second staff member for the level of work that is being performed; now, therefore, be it RESOLVED, That the Personnel Roster for the Department of Planning and Development be amended as follows: Add One (1) Zoning Administrator (40 hours) Delete: One (1) Senior Planner (40 hours) and be it further RESOLVED, That upon the retirement of the current Zoning Administrator, the overlapping Zoning Administrator position shall be automatically abolished, and be it further City Administration Committee Meeting May 26, 2021 Page 4 RESOLVED, That funding for this roster change shall be derived from existing funds within the Department of Planning and Development’s budget. A vote on the resolution resulted as follows: Passed unanimously. 3. Presentation 3.1 5G Discussion with Outside Consultant City Attorney Lavine introduced Andrew Campanelli of Campanelli & Associates, who attended the meeting to answer previously submitted questions surrounding his report on 5G cell towers. After the presentation, the Committee thanked Mr. Campanelli. The next steps would be to draft the legislation for 5G cells towers and bring it before Common Council for a vote. 4. Action Items 4.1 Attorney - Proposed resolution to authorize NYSEG Easement Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, as part of the watershed, the City of Ithaca owns certain lands located at 1529 Slaterville Road, Ithaca, NY 14850, and part of the tax map parcel 55.-1-1; and WHEREAS, NYSEG has requested a transmission easement across such lands for the purposes of its project to rebuild the 115kV electric transmission line in Dryden and Ithaca in exchange for $10,844.00; and WHEREAS, NYSEG agrees to allow the City continued access to the City reservoir and the City’s reservation of rights to establish a trail connection to the South Hill Recreation Way within the easement area; now, therefore, be it RESOLVED, That Common Council grants the permanent easement requested by NYSEG and authorizes and directs the Mayor to sign the necessary documents. A vote on the resolution resulted as follows: Passed unanimously. 4.2 Fire Department - Amendment to Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the two Firefighter positions and one Deputy Fire Chief position were funded in the 2020 budget but not filled due to a hiring freeze caused by the fiscal impact of the COVID-19 Pandemic; and WHEREAS, two Firefighter positions and one Deputy Fire Chief position were not funded in the 2021 budget due to the fiscal impact of the COVID-19 Pandemic on the City of Ithaca budget; and, City Administration Committee Meeting May 26, 2021 Page 5 WHEREAS, the reduced number for firefighter position causes increases in overtime expenditures when there are retirements, extended sick and family leave, military deployments, and injuries; and WHEREAS, the Fire Department does not have a Deputy Chief as part of management to lead the department in the absence of the Fire Chief; and WHEREAS, the Fire Department requests an amendment to the 2021 Roster for the funding of two Firefighter positions and one Deputy Fire Chief position on July 1, 2021; now, therefore, be it RESOLVED, That the Personnel Roster of the Ithaca Fire Department shall be amended effective July 1, 2021, as follows: Fund: One (1) Deputy Fire Chief Position Fund: Two (2) Firefighter Positions and, be it further RESOLVED, That the following 2021 budget accounts shall be amended as follows: Increase Accounts: A3410-0105 Administrative Salaries $58,000 A3410-0110 Staff Salaries $44,811 A3410-9015 Police and Fire Retirement $20,357 A3410-9030 FICA/Med $7,865 A3410-9040 Worker’s Comp $3,401 A3410-9060 Hospital and Medical Insurance $53,000 Total $187,434 and, be it further RESOLVED, That funding for this change shall come from federal stimulus funds provided by the American Rescue Plan and the General Fund Balance. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Fire Department - Amendment to 2021 Operating Budget Fire Department Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, $10,000 was authorized in the 2020 budget for Mobile Data Terminal replacement; and WHEREAS, $24,184 was authorized in the 2020 budget for Fire Hose, Portable Radios, and Pagers; and City Administration Committee Meeting May 26, 2021 Page 6 WHEREAS, the replacement of Mobile Data Terminals, Fire Hose, Portable Radios, and Pagers; is part of a multi-year replacement plan; and WHEREAS, In 2020, $34,184 in budgeted funds that were not expended due to the City Controller's purchasing freeze caused by the COVID-19 Pandemic WHEREAS, funding was not included in the 2021 operating budget to offset the elimination of the 2020 budgeted replacement of Mobile Data Terminals, Radios, Pagers, and Fire Hose; now, therefore, be it RESOLVED, That the following 2021 budget accounts be amended: Increase Accounts: A3410-5210 Office Equipment $10,000 A3410-5225 Other Equipment $24,184 and, be it further RESOLVED, That Common Council hereby transfers an amount not to exceed $34,184 from Unrestricted Contingency Account A1990-5000 to the above listed accounts to purchase said equipment. A vote on the resolution resulted as follows: Passed unanimously. 4.4 IURA - Parking Agreements to Implement the Urban Renewal Project for the East Section of the Green Street Garage Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, on January 6, 2021, the City of Ithaca Common Council approved the Disposition and Development Agreement (DDA) with Ithaca Properties, LLC (Developer) for the East section of the Green Street Garage Mixed-Use Urban Renewal Project (Project); and WHEREAS, execution of the following two parking agreements is necessary prior to IURA conveyance of the air rights parcel to the Developer: • Green Garage Hotel Parking Agreement • City Parking Lease Agreement - East Section of Green Street Garage, and WHEREAS, the Project includes construction of two decks of parking to be leased to the City of Ithaca integrated into a larger mixed-use building located adjacent to the Marriott Hotel; and WHEREAS, Developer purchase of the City air rights parcel at the eastern section of the Green Street Garage requires the owner of the Marriott hotel, Hotel Ithaca, LLC, to relinquish their rights to purchase the air rights parcel; and City Administration Committee Meeting May 26, 2021 Page 7 WHEREAS, the proposed Green Garage Hotel Parking Agreement between the City and Hotel Ithaca, LLC renegotiates and replaces the existing 2014 Hotel Parking Agreement for Marriott hotel guest parking, including relinquishment of the purchase option on the City air rights parcel; and WHEREAS, the proposed Green Garage Hotel Parking Agreement reduces the number of parking spaces allocated for hotel guests from 90 to 55 spaces and extends the duration that the City commits to make available hotel guest parking in the Green Street parking garage or downtown public parking facilities; and WHEREAS, the hotel will continue to pay the prevailing parking rate for spaces allocated under the parking agreement, and WHEREAS, a proposed 30-year City parking lease with two 10-year optional renewal terms has been negotiated by City representatives with the Developer; and WHEREAS, the leased parking premises will replace two decks of structurally deficient parking located in the eastern section of the Green Street parking garage with newly constructed parking; and WHEREAS, rent during the initial 30-year term is structured to cover the actual construction cost without profit to the Developer; and WHEREAS, rent during renewal terms is based on amortizing City-approved, new capital improvements of the lease premises; and WHEREAS, on August 25, 2020, the City of Ithaca Planning & Development Board, acting as Lead Agency, determined that the Project – a 12-story mixed-use building, including parking to be leased to the City, will result in no significant adverse impacts on the environment; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby authorizes the Mayor, subject to City Attorney review, to execute documents substantially similar to the following agreements, and such other documents as necessary to effectuate the same, to satisfy contingencies contained in the Disposition and Development Agreement for IURA sale of the air rights parcel at the east section of the Green Street garage for redevelopment: • Green Garage Hotel Parking Agreement, dated May 19, 2021, between the City of Ithaca, Hotel Ithaca, LLC, and Ithaca Properties, LLC; and • City Parking Lease Agreement - East Section of Green Street Garage, dated May 19, 2021, between City of Ithaca and Hotel Ithaca, LLC, or its authorized assignee. A vote on the resolution resulted as follows: Passed unanimously. 4.5 Attorney – Hotel Room Tax Local Law Amendments Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. Local Law No. ____-2021 City Administration Committee Meeting May 26, 2021 Page 8 Amendment to Local Law 2021-05 entitled the “City of Ithaca Room Occupancy Tax.” WHEREAS, pursuant to the authority vested in the City by the State legislature in Tax Law 1202-GG, on February 3, 2021, Common Council adopted local law 2021-05 establishing the City of Ithaca Room Occupancy Tax, and WHEREAS, hotel obligations under this local law began April 1, 2021, and the City has identified necessary amendments to the local law, and now BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Tax Law 1202-gg, the City of Ithaca is authorized to adopt a local law relating to the implementation and assessment of tax on persons occupying hotel or motel rooms in such city. The Common Council makes the following findings of fact: A. The assessment of a City hotel tax will support the construction and operation of the conference center. B. Pursuant to the state enabling legislation, the City is authorized to charge up to 5% ad valorem tax on overnight accommodations. Such funds are earmarked for the conference center, with allowances for the City to retain up to 4% of such revenue for administration of the local law. C. Staff recommend the amendment set forth in this local law. D. The Common Council finds that the amendment is necessary to the fiscal operations of the conference center. Section 2. Code Amendment City Code Section 105-4 (C) entitled “Exempt organizations” is hereby replaced in its entirety by the following: C. Any corporation, association, trust or community chest, fund or foundation, organized and operated exclusively for religious, charitable or education purposes or for the prevention of cruelty to children or animals, and no part of the net earnings of which inures to the benefit of any private shareholder or individual and no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation; provided, however, that nothing in this subsection shall include an organization operated for the primary purpose of carrying on a trade or business for profit, whether or not all of its profits are payable to one or more organizations described in this subsection. Section 3. Severability Clause. City Administration Committee Meeting May 26, 2021 Page 9 Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law, except as otherwise provided in Section 3 and Section 4(D). Section 4. Effective Date. This Local Law shall take effect upon filing in the office of the Secretary of State, and pursuant to the requirements of enabling legislation, this local law shall be in effect for three years from the effective date of its enactment. Upon expiration of this local law, another local law may be enacted to take its place. A vote on the resolution resulted as follows: Passed unanimously. 4.6 Finance – Controller’s Office – Request to Amend the 2021 Authorized budget to Account for Additional State Aid Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, the 2021 Authorized City Budget included $2,088,318 for State Aid and Incentives for Municipalities (AIM) based on the New York State’s budget at the time; and WHEREAS, as the COVID-19 pandemic financial impacts have been reduced due Federal aid infusion and better financial activity; and WHEREAS, New York State has now approved a budget for 2021-2022 that includes the normal AIM payments, meaning the City will see $2,610,398 in AIM payments for 2021, or an additional $522,080 in State aid; and WHEREAS, the additional funds will be placed into Unrestricted Contingency until we determine the future allocations of the funds; now, therefore be it RESOLVED, That Common Council hereby amends the 2021 Authorized City Budget to account for the additional State Aid as follows: Increase Revenue Account A0001-3001 General State Aid $522,080 Increase Appropriation Account A1990-5000 Contingency $522,080 A vote on the resolution resulted as follows: Passed unanimously. 4.7 Finance - Bond Resolution Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. City Administration Committee Meeting May 26, 2021 Page 10 The Committee approved the resolution authorizing the issuance of Bonds in the amount of $2,690.000; to pay the cost of certain capital improvements in and for the City of Ithaca. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 MATCOM and Snow Removal Survey Mobility, Accessibility & Transportation Commission [MATCOM] Chairperson Lerner and member Change attended the meeting. MATCOM was tasked with providing feedback from the public about snow removal. The survey was conducted, and they explained how they got feedback from the public. The Committee thanked them for the report. 5.2 Behavioral Thresholds at Protests Guidance and General Order Community Police Board members Rogers, Simmons, and Onyejuruwa along with Acting Police Chief Joly and Assistant City Attorney Josephson attended the meeting. Community Police Board members and the Police Department worked with the City Attorney’s office to draft guidelines and expectations or procedures for dealing with protests in Ithaca. The procedures did not amend any NYS laws. Once the procedures have been finalized, they will be posted on the City’s website and distributed to the public. 5.3 Governance Working Group City Attorney Lavine stated that creating a City Manager position and shifting some of the Mayor’s responsibilities to the City Manager require that this legislation be put on the general election ballot as a referendum. Due to the change in NYS Laws, the legislation to make this change must be submitted to the Board of Elections three [3] months prior to the 2021 elections or by August 2, 2021. To meet this deadline, Common Council needs to vote on the change by July 14, 2021. After discussion, the consensus of the Committee was to continue with drafting the legislation and if approved this year, would appear on the ballot in 2022 [not 2021]. 6 Meeting Wrap-up 6.1 Announcements Chairperson Mohlenhoff stated that even though the Governor’s Executive Order regarding remote meetings ends June 17, 2021, the June meeting will be remote. A discussion needs to take place on resuming public meetings in person especially since City buildings will be closed to the public through the summer. Once meetings are back in person, adjustments need to be made. 6.2 Next Meeting Date: June 23, 2021. City Administration Committee Meeting May 26, 2021 Page 11 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Nguyen, the meeting was adjourned at 8:56 p.m.