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HomeMy WebLinkAboutMN-CA-2021-06-23CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 23, 2021 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: Alderpersons (2) – Fleming, Lewis Youth Bureau Director – Klohmann City Attorney – Lavine Assistant City Attorney – Flaherty City Clerk – Holcomb Planning Director – Cornish Deputy Controller – Andrew HR Director – Michell-Nunn Controller – Thayer Tobacco Control Program Coordinator – Schiele 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 May 26, 2021 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public Molly Donovan, Ithaca resident, spoke about the 5G design guidelines. Molly suggested that the distance be increased between towers, that the cell phone companies provide proof of dropped calls or significant gaps in services and that random radiation testing be required by the City and paid for by the company. Brion Scimae, Town of Ithaca resident, spoke on the 5G design guidelines. Brion suggested that the towers be located away from schools, churches, and residents, that the providers carry general liability insurance without a pollution exclusion and that the insurance be through the company and not a shell corporation. Wendy Ives, Enfield resident, spoke about the 5G design guidelines. Wendy stated that 5G technology is already outdated and that places are moving to block chain, which is cheaper, faster and has less of an impact on the community. Rebecca Holland, Town of Ithaca resident, spoke about the 5G design towers. Rebecca thanked the staff and Campanelli on the worked done on this topic. Rebecca expressed concerns that due to these towers kids and the community would be put at risk and that there would be a drop in property value. Rebecca suggested that the space between the towers be increased to 1500 feet. City Administration Committee Meeting June 23, 2021 Page 2 Allison DeSario, Ithaca resident, spoke about bringing the 5G towers to Ithaca. Allisson suggested adding language to the guidelines that would protect the City [e.g. general liability insurance without pollution exclusion, ensure judicial placement, and revocability clause, etc.]. Molly Kornblum, Ithaca resident, spoke about the wireless design guidelines. Molly reviewed the report submitted and listened to the presentation by Campanelli. Molly stated that the Code is not sufficient to protect the public and made some suggestions such as increase distance that towers could be placed near schools or public gathering; include the language “significant gap” when it comes to service gap testing for dropped calls, etc. David Gallahan, Ithaca resident, expressed concerns about the 5G design guidelines and made suggestions about increasing the gaps between the towers and the community, conducting random radiation testing that would be paid by the provider, etc. Lisa Bertuzzi, Ithaca resident, spoke about the 5G design guidelines. Lisa suggested that the well-being of the public should be taken into consideration, a signed affidavit under oath and perjury, general liability insurance without pollution exclusion, and place an upper limit on antenna. Carmel Romm, Town of Ithaca resident, asked that the towers be kept away from schools, to increase the distance between towers and to keep the wellbeing of all residents as a priority. Jackie M., Ithaca resident, expressed the sentiments of the other speakers as it relates to the radiation testing done randomly and paid for by company; the distance between towers being increased, pollution exclusion clause included, that insurance be provided by the phone company and not by a shell company and that the public be protected. Isa Piper, Town of Ithaca resident, spoke about the detrimental effects that 5G would have on people and animals if towers were placed close to homes and schools. Isa asked that the distance between the towers be increased, especially when placed closed to schools/churches, add general liability insurance without pollution exclusion language and that random radiation testing be required. Marie Molnar, Town of Ithaca resident, asked that the City focus on the obtaining proof of gap in service or dropped calls in the proposed code, have control on where the towers go and increase distance between towers especially when they are placed near schools, churches or in the community. Andrew Molnar, Town of Ithaca resident, stated that having 5G towers is harmful to children, include insurance exclusion without pollution, have random radiation testing and increase the distance between towers. 1.4 Statements from Employees. None. 1.5 Council Response Alderpersons Kerslick, McGonigal, Nguyen and Gearhart thanked the public for and responded to some of their comments. City Administration Committee Meeting June 23, 2021 Page 3 2. Consent Agenda Items 2.1 Youth Bureau – Amend 2021 Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, The Youth Bureau is requesting permission to amend the 2021 personnel roster and has worked with HR and determined these changes will better help us meet the needs of our programming, funders and the community; and, WHEREAS, the Youth Bureau requests to fund the vacant Recreation Administrator and Recreation Leader Youth Program Leader on their roster; and, WHEREAS, the newly funded positions will be filled through the internal promotion of current staff and the positions they vacate will be unfunded; now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended effective August 1, 2021, as follows: FundOne (1) Recreation Administrator (40 hours) Defund:One (1) Recreation Program Coordinator (35 hours) FundOne (1) Recreation Program Leader (35 hours) Defund:One (1) Recreation Program Assistant (35 hours) and, be it further RESOLVED, That any additional funds associated with this change will come from within the approved 2021 Ithaca Youth Bureau budget. A vote on the resolution resulted as follows: Passed unanimously. 2.2 Youth Bureau – Request to Amend Budget Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, the Youth Bureau is planning for summer programs and services after being closed the previous summer due to COVID and its financial impacts; and WHEREAS, the Youth Bureau has received a grant in the amount of $10,000 to assist in rebuilding programs and services; and WHEREAS, these funds will help purchase needed supplies to meet COVID protocols, hire extra staff for COVID cleaning and staff training so that facilities can open; now, therefore, be it RESOLVED, That the 2021 Youth Bureau Budget shall be amended as follows: City Administration Committee Meeting June 23, 2021 Page 4 Increase Expenses: A7310-5460-01313 Program Supplies $3,000 A7310-5120-01400 Part-time Seasonal $1,000 A7310-5460-01400 Program Supplies $550 A7310-5460-1203 Program Supplies $2,550 A7310-5460-1221 Program Supplies $2,900 Increase Revenues: A7310-2705-01313 Donations $3,000 A7310-2705-01400 Donations $1,550 A7310-2705-01203 Donations $2,550 A7310-2705-01221 Donations $2,900 A vote on the resolution resulted as follows: Passed unanimously. 2.3 Youth Bureau – Request to Amend Budget Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, The Ithaca Youth Bureau Youth Employment Service program plans to provide employment assistance and summer jobs to teens during the 2021 summer season, WHEREAS, the Youth Bureau will receive $75,004 from the Joint Youth Commission and the Town of Ithaca to fund summer youth employment, WHEREAS, the Youth Bureau Summer Youth Employment Services is excited to expand their program to serve more teens, WHEREAS, The Youth Bureau requests amendments to the 2021 budget in order to meet the contractual obligations of the funding awarded, now, therefore, be it RESOLVED, That the Youth Bureau 2021 budget be amended as follows: Increase Revenues: A7310-2350-1202 Youth Employment Service $74,004 A7310-2350-1400 Administration $1,000 $75,004 Increase Expenses: A 7310-5120-1202 Part time/Seasonal $62,376 A 7310-5425-1202 Office Supplies $1,370 A 7310-5445-1202 Travel & Mileage $677 A7310-5460-1202 Program Supplies $1,380 A7310-5425-1400 Office Expense $1,000 A7310-9010 Retirement $310 City Administration Committee Meeting June 23, 2021 Page 5 A7310-9030 FICA/Medicare $4,772 A7310-9040 Workers Comp $3,119 $75,004 A vote on the resolution resulted as follows: Passed unanimously. 2.4 Youth Bureau – Request to Amend Budget Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, The Ithaca Youth Bureau Youth Employment Service program plans to provide employment assistance and summer jobs to teens during the 2021 summer season, WHEREAS, the Youth Bureau is anticipated to receive $181,139.00 from the Tompkins County Workforce Investment Board to fund summer youth employment, WHEREAS, the Youth Bureau Youth Employment Services is excited to expand their program to serve more teens this summer, WHEREAS, The Youth Bureau requests amendments to the 2021 budget in order to meet the contractual obligations of the funding awarded, now, therefore, be it RESOLVED, that the Youth Bureau 2017 budget be amended as follows: Increase Revenues: A7310-4820-1202 Youth Employment Service $176,139 A7310-4820-1400 Administration $5,000 $181,139 Increase Expenses: A 7310-5120-1202 Part time/Seasonal $149,990 A 7310-5425-1202 Office Supplies $1,540 A 7310-5440-1202 Staff Development $1,000 A 7310-5445-1202 Travel & Mileage $1,550 A 7310-5460-1202 Program Supplies $2,200 A 7310-5437-01400 Merchant Services $1,000 A 7310-5440-01400 Staff Development $1,000 A 7310-5425-01400 Office Expense $1,000 A 7310-5460-01400 Program Supplies $1,000 A 7310-5476-01401 Equipment Maintenance $1,000 A7310-9010 Retirement $885 A7310-9030 FICA/Medicare $11,474 A7310-9040 Workers Comp $7,500 $181,139 A vote on the resolution resulted as follows: City Administration Committee Meeting June 23, 2021 Page 6 Passed unanimously. 3. Action Items 3.1 WWTP – Request for Chief Operator Position Moved by Alderperson McGonigal. Seconded by Alderperson Gearhart. WHEREAS, the current Chief Wastewater Treatment Plant Operator in the Water & Sewer Division of the Department of Public Works is anticipating retirement in the Spring of 2022; and WHEREAS, the Chief Wastewater Treatment Plant Operator position is a highly specialized, key position in the Department of Public Works, with significant recordkeeping, operational, management, and regulatory duties, such that a new hire would have a difficult time starting the position without the benefit of training from the existing Chief Wastewater Treatment Plant Operator; and WHEREAS, a loss of continuity in the Chief Wastewater Treatment Plant Operator position would significantly disrupt management, operations, maintenance, and repair of the Ithaca Area Wastewater Treatment Plant; and WHEREAS, the Department of Public Works has (and will have) available funds in its 2021 (and 2022) budget to overlap this position, allowing the new Chief Wastewater Treatment Plant Operator to work with the current Chief Wastewater Treatment Plant Operator for up to 6 months to learn facility-specific aspects of the job; now, therefore, be it RESOLVED, That the personnel roster of the Department of Public Works be amended as follows: Add: One (1) Chief Wastewater Treatment Plant Operator position and be it further RESOLVED, That upon the retirement of the current Chief Wastewater Treatment Plant Operator, the redundant position shall be removed from the roster on the date of retirement, and be it further RESOLVED, That the redundant Chief Wastewater Treatment Plant Operator position will be funded through the transfer of funds from within Account J8150-5110, which currently has unused funds from other vacant positions. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Ordinance to update Taxicab Rates Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. ORDINANCE NO. 2021 - City Administration Committee Meeting June 23, 2021 Page 7 BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca that Section 232-70 of the City of Ithaca Municipal Code, entitled “Taxicab Rates”, be hereby amended as follows: Section 1. Chapter 232, Section 232-70, is hereby amended to read as follows: § 232-70 Taxicab rates. A. The rate for taxicab fares that originate and terminate within the City of Ithaca between the daytime hours of 6:00 a.m. and 6:00 p.m. shall be $7.50. $8.50. The rate for taxicab fares that originate and terminate within the City of Ithaca between the nighttime hours of 6:00 p.m. and 6:00 a.m. shall be $8 $9.00. B. Except as otherwise provided in Subsection D below, the prices that may be charged by the owners or drivers of taxicabs for the transportation of a passenger within the City shall not exceed the cumulative, applicable amounts. Taxicab rates shall be reviewed by Common Council at the request of an owner of a licensed taxicab company but not more than once every calendar year. The following notice shall be conspicuously posted in full view of passengers: "Rate maps and schedules for fares that originate in the City of Ithaca are available upon request from the driver of this taxicab, according to City ordinance." C. Rates for trips outside of the City of Ithaca. The taxicab rate for standard fares that originate within the City but terminate outside of the City shall be as follows: (1)East Hill Plaza: $11 $12. (2)Cayuga Medical Center: $11 $12. (3)Malls/Triphammer area: $12 $13. (4)Convenient Care: $15 $16. (5)Ithaca College: $11 $12. (6)Tompkins County Airport: $17.50 $18.50. (7)TC3: $31 $32. (8)Trumansburg: $30 $31. Section 2. Severability. 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 portion. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Ordinance to Amendment to Outdoor Smoking Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. Ordinance No. 2021-__ An ordinance to amend provisions of City Code Chapter 280 Outdoor Smoking City Administration Committee Meeting June 23, 2021 Page 8 WHEREAS, on March 31, 2021, Governor Cuomo signed into law the Marihuana Regulation and Taxation Act legalizing the possession and use of cannabis; and WHEREAS, the City Code regulates Outdoor Smoking of tobacco products to “reduce the proximate exposure of the public, especially children, to the hazards and annoyance of second-hand tobacco smoke” in certain public area;” and WHEREAS, the City intends to limit public exposure to all forms of outdoor smoking in certain public areas; now, therefore; BE IT ORDAINED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council makes the following findings of fact: 1. The smoking of cannabis is now legal under New York State law. 2. Public exposure to smoke from tobacco and other smoking products, including cannabis, is a hazard and annoyance to the general public. Prohibition of outdoor smoking in certain public areas helps to preserve order, peace and health, and the safety and welfare of the City and the inhabitants thereof. 3. It is, therefore, desirous to incorporate cannabis into the provisions of City Code Chapter 280, Outdoor Smoking. Section 2. Chapter 280 Outdoor Smoking amendments a. Amend Section 280-1 “Purpose” as follows: 280-1 Purpose The primary purpose of this chapter is to reduce the proximate exposure of the public, especially children, to the hazards and annoyance of second-hand tobacco smoke, in all forms. Furthermore, this legislation is intended to reduce litter and possible contamination from smoking related refuse, including discarded cigarette butts in public places and to reduce the likelihood that young persons will initiate smoking or tobacco use (by reducing the incidence of public smoking in places where young persons are likely to be present). b. Amend Section 280-3 “Definitions” as follows with the remainder unchanged: SMOKE The emission produced by the burning of a lighted cigar, cigarette, pipe or any other matter or substance meant for inhalation into the lungs, and which may contain tobacco and/or cannabis, as that term is defined by the New York State Penal Law. City Administration Committee Meeting June 23, 2021 Page 9 SMOKING The burning of a lighted cigar, cigarette, pipe or any other matter or substance meant for inhalation into the lungs, and which may contain tobacco and/or cannabis, as that term is defined by the New York State Penal Law. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Ordinance. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance 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 Ordinance. Section 4. Effective Date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter A vote on the resolution resulted as follows: Passed unanimously. 3.4 Approval of Temporary Construction Easement Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, Vecino Group of New York, LLC (“Vecino”) is the developer of the proposed parking garage, conference center and affordable housing construction project, to replace the western section of the Green Street garage, located at 116-118 E. Green Street, and WHEREAS, Vecino has requested permission to use City property located at 112 E. Green Street, primarily within the parking area adjacent to City Hall, during the course of construction as indicated in the drawing attached as Exhibit A, and namely for construction staging for two years, and WHEREAS, Chapter 170 of the City Code vests authority to grant temporary easements over one-year with the Common Council, and WHEREAS, the plan as proposed in Exhibit A is supported by City Department of Public Works staff, and WHEREAS, in recognition of the public/private nature of the project and in consideration of benefit the project stands to bring the City, staff recommends that Council waive any fee for this use of City property; now, therefore, be it RESOLVED, That the Mayor, subject to review by the Superintendent of Public Works and the City Attorney, is authorized to execute a temporary construction easement agreement with Vecino’s affiliates, Asteri Ithaca, LLC and Asteri Conference, LLC, for the purposes of permitting construction staging and such other construction uses on and over City property in compliance with the site plan approved by the City of Ithaca Planning and Development Board, and be it further City Administration Committee Meeting June 23, 2021 Page 10 RESOLVED, That the fee for use of City property be waived for this public/private urban renewal project. After discussion, Alderperson McGonigal made a motion to amend the resolution by adding the following language: That the cost of using the City property for staging the construction will be in the form of an equal amount of time, free rent for the DPW storage space, after the project is completed or the fair value paid directly to the City. Seconded by Alderperson Nguyen. Motion carried as follows: Yes (4): Gearhart, Kerslick, McGongial, Nguyen No (1): Mohlenhoff Motion carried 4-1. A vote on the main resolution as amended resulted as follows: Passed unanimously. 3.5 Resolution Calling on the Federal Government to Cancel Federal Student Loan Debt Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, over 43 million Americans hold more than $1.5 trillion of federal student loan debt at an average balance of $39,3511 and more than 9 million federal student loan borrowers are currently in default on those federal student loans; and WHEREAS, women hold two thirds of all student debt, African American borrowers have higher than average levels of student debt, most borrowers have more than half of their student debt after 12 years of repayment, 40% of student loan borrowers did not finish college or obtain a degree, over 8 million student loan borrowers are over the age of 502; and WHEREAS, cancelling student debt would increase African American wealth by a third, increase GDP by billions of dollars, add up to 1.5 million new jobs, and make it more likely for people to start or invest in a small business, obtain more advanced degrees, start a family, and buy a house2; and WHEREAS, the elimination of student debt represents an opportunity to support Ithaca residents, address racial and gender wage gaps, and provide better overall health outcomes to the general population since debt is associated with negative mental and physical health outcomes such as stress, depression, general health, obesity and mortality; now, therefore, be it RESOLVED, That the City of Ithaca’s Common Council calls on the President of the United States to take executive action to broadly cancel Federal student loan debt for Federal student loan borrowers administratively using existing legal authorities available under the law; and 1 https://educationdata.org/student-loan-debt-statistics/ 2 https://www.clasp.org/sites/default/files/publications/2021/01/Ten%20Reasons%20to%20Cancel%20Student%20Loan%20Debt_Ja n%202021.pdf City Administration Committee Meeting June 23, 2021 Page 11 RESOLVED, That a copy of this resolution to be sent to President Joe Biden, Senator Chuck Schumer, Senator Kirsten Gillibrand, and Congressman Tom Reed Alderperson Kerslick made a motion to table this resolution to allow more information to be provided. Seconded by Alderperson McGonigal. A vote on tabling the resolution resulted as follows: Passed unanimously. 4. Discussion 4.1 Special Event Resources City Clerk Holcomb asked that this item be added to the agenda. The Clerk’s Office is asking for how to handle all the requests coming into the department for City permits and safety support [e.g. DPW, Fire and/or Police] for special events. She explained that the Clerk’s Office as well as other departments do not have the staff or resources to support these events. 4.2 Updated Draft 5G Legislation The City Attorney’s Office, the Planning Department and the City Administration Committee discussed how to move forward with this project, taking into consideration comments made by the public and/or suggestions from the Committee as well as inviting Campanelli back to the July City Administration Committee meeting. 4.3 Draft City Manager Legislation The Committee discussed this agenda item and the next steps (e.g., hold public forums to get feedback from the public, draft legislation, etc.). 4.4 2022 Budget Discussion The Committee discussed the budget process for 2022 and what needs to be done to help the Controller and the Mayor. 5. Meeting Wrap-up 5.1 Announcements. None. 5.2 Next Meeting Date: July 28, 2021. 5.3 Review, Agenda Items for Next Meeting. None. 5.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 9:33 p.m.