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HomeMy WebLinkAboutMN-CA-2022-04-27CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:06 p.m. April 27, 2022 PRESENT: Alderperson Cantelmo – Chair Alderpersons (4): Barken, Defendini, McGonigal, Nguyen OTHERS PRESENT: Alderpersons (2): Brock, Lewis Historic Pres & Neighborhood Planner – McCracken Transportation Engineer – Gebre CJC Executive Director – Smiley City Attorney – Lavine Acting Police Chief – Joly Director of Sustainability – Aguirre-Torres Sustainability Planner – Evans Assistant City Attorney – Kessler Black Hands Universal – Clemons & Smith Chief of Staff – Vavra HR Director – Michell-Nunn Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson McGonigal made a motion to approve the minutes from the City Administration Committee meeting held on March 23, 2022. Seconded by Alderperson Barken. Motion carried unanimously. 2. Special Presentation 2.1 Alternative Response Update Criminal Justice Center Executive Director Monalita Smiley gave a presentation to the Committee about the status of the Reimagining of Public Safety. 3. Petitions and Hearings of Persons Before Council 3.1 Statements from the Public: The following individuals appeared, virtually, before the Committee: • Eric Lerner, Ithaca resident, spoke about the problems caused by snowy crosswalks, the way that City staff plows the streets causing the snow to block the crosswalks and the work the City was doing to clear the crosswalks. • Robin Trumble, Ithaca resident, expressed comments about the Reimagining Public Safety budget allocation. City Administration Committee Meeting April 27, 2022 Page 2 • Sara Hess, Ithaca resident, spoke in support of the Community Choice Aggregation resolution. • Marie McRae, Dryden resident, spoke about the Ithaca Green New Deal. • Nicholas Daniluk, Dryden resident, spoke in support of the payment for the Reimagining of Public Safety co-leads and the snow removal. • Regi Teasley, Ithaca resident, spoke about the Ithaca Green New Deal. • Carol Chock, Ithaca resident, spoke about the Ithaca Green New Deal. • Zachary Winn, Ithaca resident, spoke against the Reimagining of Public Safety resolution. 3.2 Council Response Chairperson Cantelmo and Chief of Staff Vavra gave an update on the status on the restarting of and finding staffing for the advisory Commissions. Alderperson McGonigal agreed that there are problems with snow blocking the sidewalks at the curb, making it difficult for people in wheelchairs and people pushing strollers to get to the streets. Mr. McGonigal spoke about DPW staffing levels being down and asked the public to help share the load by clearing their sidewalks all the way to the curbs. 4. Government Administration, Human Resources, and Policy 4.1 An Ordinance Amending Chapter 215 (Unlawful Discriminatory Practices) of Part II (General Legislation) Of the Code of the City of Ithaca in Relation to Unlawful Discriminatory Practices Moved by Alderperson Cantelmo. Seconded by Alderperson Defendini. WHEREAS, the City of Ithaca has a long-standing commitment to provide protection against discrimination to its residents in the area of employment, and WHEREAS, the U.S. workforce has a well-documented racial and gender pay gap, and WHEREAS, research in the field of labor economics finds that hourly and salary compensation transparency improves pay equity and improves employee retention for employers, now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative findings, intent, and purpose. The Common Council makes the following findings: 1. The City of Ithaca has an interest in providing protection against discrimination to its residents. 2. Equitable employer-employee relations are a matter of public welfare. 3. Wage transparency empowers employees to make informed decisions about personal financial and economic stability. Based upon the above findings, the intent and purpose of this ordinance is to foster wage transparency in the employer-employee relationship in the city. City Administration Committee Meeting April 27, 2022 Page 3 Section 2. §215-2, “Definitions”, is hereby amended so that the following particular Definitions shall read as follows, without change to other Definitions included in 215-2: EMPLOYEE An individual who performs services for and under the control and direction of an employer for wages or other remuneration, but not including [Does not include] any individual employed by his or her parents, spouse or child, or in the domestic service of any person, nor any person whose work qualifies under applicable New York State law as that of an independent contractor. EMPLOYER Any person, firm, partnership, institution, corporation, or association that employs one or more employees, but not including any such entity [Does not include any employer] with fewer than four employees in its employ. EMPLOYMENT AGENCY [Includes any] Any person undertaking to procure employees or opportunities to work as an employee. Section 3. §215-3 of the City Code is hereby amended to add at the end thereof a new subsection F to read as follows: F. Employment; minimum and maximum compensation in job listings. 1. It shall be an unlawful discriminatory practice for an employment agency, employer, employee or agent thereof to advertise an opportunity for employment as an employee, including a job, promotion or transfer opportunity without stating the minimum and maximum hourly or salary compensation for such position in such advertisement. In stating the minimum and maximum hourly or salary compensation for a position, the range may extend from the lowest to the highest hourly or salary compensation the employer in good faith believes at the time of the posting it would pay for the advertised job, promotion or transfer opportunity. 2. This subdivision does not apply to an employer that employs fewer than four employees whose standard work locations are in the city. 3. This subdivision does not apply to a job advertisement for temporary employment at a temporary help firm as such term is defined by subdivision 5 of section 916 of article 31 of the labor law. Section 4. 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 5. Effective Date. City Administration Committee Meeting April 27, 2022 Page 4 This ordinance shall take effect on September 1, 2022, and in accordance with law upon publication of notices as provided in the Ithaca City Charter. A vote on the resolution resulted as follows: Yes (4): Cantelmo, Defendini, McGonigal, Nguyen No (1): Barken Passed 4-1. 4.2 Authorization to Develop Community Choice Aggregation Implementation Plan for the City of Ithaca According to Public Service Commission CCA Order Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, the City of Ithaca has demonstrated its desire and commitment to be a leader in sustainability and social equity, as exemplified by the adoption of the Ithaca Green New Deal; and WHEREAS, the Ithaca Green New Deal includes city-wide decarbonization and climate justice by 2030; and WHEREAS, to achieve carbon neutrality by 2030 the city requires to reduce its reliance on fossil-fuel generated electricity; and WHEREAS, the utility company serving City of Ithaca residents relies on a combination of fossil fuel- and carbon-free energy sources to generate electricity, currently offering not viable path to eliminate greenhouse gases (GHG) from electricity generation; and WHEREAS, other energy service companies offer the option to individual consumers of procuring electricity from renewable sources at a premium, limiting access to renewable energy for the city’s low and moderate income population; and WHEREAS, the Public Service Commission has issued an Order enabling Community Choice Aggregation (CCA) in all of New York State, empowering communities to negotiate contracts for more favorable rates and cleaner electricity supply; and WHEREAS, CCA allows municipalities to take over the utility’s role as the default supplier of energy to their residents and businesses, and develop programs that control cost, increase resiliency, reduce carbon pollution, and keep energy dollars local; and WHEREAS, more than 100 municipalities in New York state have adopted CCA, including the City of Rochester and Westchester County, as a voluntary opt-out program; and WHEREAS, as part of an effort to incentivize CCA the PSC has directed the Clean Energy Advisory Council to develop incentives that foster voluntary investments in clean energy technology, further democratizing renewable energy; and City Administration Committee Meeting April 27, 2022 Page 5 WHEREAS, per PSC CCA Order, municipalities pursuing CCA may collect funds from customer payments to cover all administrative costs associated with the implementation of a CCA program; and WHEREAS, per PSC CCA Order, Common Council must approve • A local law to “facilitate the creation of Community Choice Aggregation programs in New York State” before moving forward with the development of • CCA Implementation Plan, CCA Community Outreach Plan and CCA Data Protection Plan, also to be approved by Common Council before submitting to the PSC for final authorization; and WHEREAS, in collaboration with the Town of Ithaca and other municipalities in Tompkins County, the City of Ithaca has engaged since September 2021 with Local Power LLC for the development of a CCA program, initially sponsored by Park Foundation, and for which a Capital Project was approved as part of the 2022 budget; now, therefore, be it RESOLVED, That the City authorizes staff to continue working with Local Power LLC, the Town of Ithaca and other municipalities in Tompkins County, to develop a CCA program, including a Local Law, Implementation Plan, Outreach Plan and Data Protection Plan, Voluntary Investment Plan and Clean Electricity Procurement Plan, all to be submitted to Common Council for approval at a later date in 2022, detailing the following: • Specifics of how the program will be implemented, how it will benefit or affect the citizens of Ithaca, how it will impact the cost of electricity. • How the program may impact city operations and staff count, and if necessary, a plan to address hiring needs, including all associated costs. • The designation of CCA administrator in charge of organization, procurement and communications. • The costs associated with managing and implementing the CCA program, and the way in which the City may recover all associated costs. • How outreach, data protection, implementation and voluntary investment plans will be deployed. • Timeline for implementation and steps to procure carbon free electricity. • A comprehensive description of short- and long-term benefits, challenges and opportunities; and, be it further RESOLVED, That the Planning and Development Department will be responsible of developing and presenting to Common Council a CCA Local Law for approval as a required next step. A vote on the resolution resulted as follows: Passed 4-1. Alderperson McGonigal was absent from the vote. 4.3 Authorize Purchase of Easement for Improvement of Water System Moved by Alderperson McGonigal. Seconded by Alderperson Nguyen. WHEREAS, the City of Ithaca (“City”) operates a municipal water system through its Department of Public Works, and City Administration Committee Meeting April 27, 2022 Page 6 WHEREAS, the City maintains two water main lines on South Hill in the vicinity of South Aurora Street and Hudson Place near the City border with the Town of Ithaca; and WHEREAS, the City desires to connect these two water mains in order to create a loop in the system, which would improve circulation, water quality, and fire flows for the benefit of the general public and City water users; and WHEREAS, in order to connect the two water main lines, the City must obtain a property interest in a portion of the land located at 117-119 Coddington Road (Tax Parcel 115-2-1.1), which interest will consist of an approximately 20-foot-wide easement over approximately 1390 square feet of land that will enable the City to locate a water main extension underneath the subject property; and WHEREAS, on March 2, 2022, Common Council declared itself lead agency for environmental review and determined that the acquisition of the easement and extension of the main would have no significant environmental impact; and WHEREAS, on March 2, 2022, Common Council authorized acquisition of the easement by eminent domain; and WHEREAS, since that date, the City has been in negotiations with the property owner for the voluntary transfer of the easement on mutually acceptable terms; be it hereby RESOLVED, That the Department of Public Works, in conjunction with the City Attorney, is authorized to offer terms for the voluntary acquisition of the easement that will enable the connection of the water mains and improvement of the water system, including the expenditure of not more than $6,000, provided, however, that said funds shall be expended from previously authorized departmental operating budgets or applicable capital project accounts; and be it further RESOLVED, That the Acting Mayor, in consultation with the City Attorney, is authorized to execute any such documents as shall be necessary to effectuate the transfer of the easement; and be it further RESOLVED, That in the event that the City and property owner are unable to reach an agreement for voluntary transfer of the easement, the easement shall be acquired by eminent domain as previously authorized by Common Council. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Approval and Authorization to Execute Memorandum of Agreement and Settlement with Ithaca Police Benevolent Association Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, in or about August and September of 2020 the Ithaca Police Department (“IPD”) mandated certain officers to perform overtime work; and City Administration Committee Meeting April 27, 2022 Page 7 WHEREAS, the Ithaca Police Benevolent Association (“PBA”) filed an improper practice charge with the Public Employment Relations Board (“PERB”) contending the City had an obligation to bargain with the PBA over procedures for allocating mandatory overtime work (Charge No. U-37670) (the “Charge”); and WHEREAS, an administrative law judge of PERB encouraged the City and PBA to resolve the Charge by negotiating procedures for allocating mandatory overtime work; and WHEREAS, the City and PBA successfully negotiated the procedures for allocating mandatory overtime work, which are reflected in the Memorandum of Agreement and Settlement; now therefore be it RESOLVED, That the Common Council approves the Memorandum of Agreement and Settlement between the City and PBA setting forth procedures for the allocation of mandatory overtime work, providing for the payment of mandatory overtime work at a double time rate in specified circumstances, and allowing either party a yearly opportunity to opt out of the terms of the Memorandum of Agreement and Settlement in which case provisions for allocation and payment for mandatory overtime work would be renegotiated, and providing for PBA’s withdrawal of the Charge; and, be it further RESOLVED, That the Acting Mayor is authorized to fully execute the Memorandum of Agreement and Settlement on behalf of the City. A vote on the resolution resulted as follows: Yes (4): Barken, Cantelmo, McGonigal, Nguyen No (1): Defendini Passed 4-1. 4.5 IPD – Ithaca-Tompkins SRT MOU Moved by Alderperson Nguyen. Seconded by Alderperson Defendini. WHEREAS, the City of Ithaca Police Department (“IPD”) and the Tompkins County Sheriff’s Office (“Sheriff’s Office”) have a long-standing cooperative relationship under which they provide mutual aid and assistance to one another including, without limitation, maintaining a joint specialized response team made up of officers of IPD and the Sheriff’s Office; and WHEREAS, the agreement formalizing the operation of the joint specialized response team, entered at the request of the New York State Department of Criminal Justice Services, is due for renewal; and WHEREAS, entry into the attached Joint Ithaca-Tompkins Specialized Response Team Mutual Aid and Assistance Agreement (the “Intermunicipal Agreement”) and submission of same to the State may open opportunities for grant funding to support the joint law enforcement activities of IPD and the Sheriff’s Office; now, therefore, be it City Administration Committee Meeting April 27, 2022 Page 8 RESOLVED, That the Acting Mayor is authorized to fully execute the Intermunicipal Agreement on behalf of the City. Yes (4): Barken, Cantelmo, McGonigal, Nguyen No (1): Defendini Passed 4-1. 5. Finance, Budget, and Appropriations 5.1 Request to Increase Authorization of Cecil A Malone Dr. Bridge Replacement Project – CP 863 Moved by Alderperson Barken. Seconded by Alderperson Nguyen. WHEREAS, Sponsor will design, let and construct the "project"; and WHEREAS, a Project for the Cecil Malone Drive Bridge over Flood Relief Channel, P.I.N. 375589 ("the Project") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 95% Federal funds and 5% non-Federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by committing 100% of the non-Federal share of Design, Right-of-Way Incidental, Right-of-Way Acquisition, Construction and Inspection; and WHEREAS, in November 2018, Common Council authorized $2,172,000 (95% Federal and 5% Local Share) of BRIDGE NY funding that was made available by the New York State Department of Transportation for Project; and WHEREAS, in January 2022, Common Council increased the project budget by $822,000, for a total authorization of $2,994,000 as a result of project scope change and construction items increase due to the COVID-19 pandemic, and WHEREAS, three bids were received for the Project on March 24, 2022; and WHEREAS, Economy Paving Inc., 1819 NY-13, Cortland, NY, submitted the low bid for the Project in the amount of $2,779,299.70; and WHEREAS, the Project budget is increased by $450,000 due to a higher low bid price than our Engineer's Estimate; and WHEREAS, the City of Ithaca is responsible for all costs of the Project which exceed the amount of the BRIDGE NY funding awarded to the City of Ithaca, and WHEREAS, the Department of Public Works has recommended to allocate an additional $405,000 in Consolidated Local Street and Highway Improvement Program (CHIPS) fund and $45,000 from the Water and Sewer fund to cover the budget shortfall; and City Administration Committee Meeting April 27, 2022 Page 9 WHEREAS, the amended project budget is projected to be $3,444,000; and, be it further RESOLVED, That Common Council hereby approves an increase of Capital Project #863 by an amount not to exceed $450,000, for a total project authorization of $3,444,000; and be it further RESOLVED, That funds needed for said $450,000 amendment shall be derived from the following sources: CHIPS - $405,000 and Water & Sewer Fund - $45,000 and be it further RESOLVED, That in the event of full federal and non-federal share cost of the Project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation 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 the necessary Certifications or reimbursement requests for Federal Aid and /or State-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 the Superintendent of Public Works is hereby awarded the construction contract for the Project to Economy Paving Inc., 1819 NY-13, Cortland, NY for its low bid of $2,779,299.70, contingent upon New York State Department of Transportation approval, 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, This resolution shall take effect immediately A vote on the resolution resulted as follows: Passed unanimously. 5.2 Planning, Building Zoning & Economic Development – Request for Budget Amendment Moved by Alderperson Nguyen. Seconded by Alderperson McGonigal. WHEREAS, the City of Ithaca partnered with the Landmarks Society of Western New York (LSWNY), NYS Office of Parks, Recreation and Historic Preservation (NYS OPRHP), the Preservation League of New York State, and Historic Ithaca to present a statewide historic preservation conference in 2021; and City Administration Committee Meeting April 27, 2022 Page 10 WHEREAS, the Statewide Historic Preservation Conference was held in November 2021 and gathered 240 historic preservation professionals and enthusiasts as well as economic and community developers, elected officials, educators, and developers from across the state; and WHEREAS, the City applied for and received a Certified Local Government (CLG) Subgrant in the amount of $22,464 from the NYS OPRHP to help fund the expenses associated with hosting the conference, including a workshop by Incremental Development, the keynote speaker, printing, graphic design, and mailing expenses, an audiovisual consultant, and Conference scholarships; and WHEREAS, the CLG Subgrant is wholly reimbursable and did not require a local match; now, therefore, be it RESOLVED, That Common Council hereby amends the 2021 Authorized Planning Department Budget to account for the said CLG Subgrant as follows: Increase Revenue Account: A8020-3989 State Aid Home & Community $22,464.00 Increase Appropriations Account: A8020-5435 Contracts $22,464.00 A vote on the resolution resulted as follows: Passed unanimously. 5.3 Approval of Release of Funds for Right to Counsel Program Moved by Alderperson McGonigal. Seconded by Alderperson Defendini. WHEREAS, as part of the 2022 Authorized Budget, Common Council placed $125,000 in Restricted Contingency for the Right to Counsel Program; now, therefore, be it RESOLVED, That Common Council hereby release an amount not to exceed $125,000 from Account A1990 Restricted Contingency and transfer said funds to Account A1210-5435 Mayor Contracts to provide funding to the Right to Counsel Program. A vote on the resolution resulted as follows: Passed unanimously. 5.4 Memorandum of Understandings for Outside Organizations Funded in 2022 Budget Moved by Alderperson Defendini. Seconded by Alderperson Nguyen. WHEREAS, Common Council included $50,000 each in Restricted Contingency, within the 2022 Authorized Budget, funding for two new non-profits to which the City has not previously directed funding; and WHEREAS, Common Council asked for all new non-profits to fill out a form to be turned into the Controller no later than April 15, 2022; and City Administration Committee Meeting April 27, 2022 Page 11 WHEREAS, Black Hands Universal and Unbroken Promises Initiative both provided documentation to the Controller before April 15, 2022; now, therefore, be it RESOLVED, That such funding as Council budgeted in restricted contingency for potential expenditure on services to be rendered by Black Hands Universal (“BHU”) and Unbroken Promises Initiative (“UPI”) shall be processed by the Common Council and the funding of $50,000 per organization be released from restricted contingency, and be it further RESOLVED, That Common Council hereby transfer an amount not to exceed $100,000 from Account A1990 Restricted Contingency to Account A1012-5435 Community Services Contracts for the purposes of funding said organizations at $50,000 each, and be it further RESOLVED, That the Attorney’s Office shall prepare for the Mayor’s approval, separate MOU’s for BHU and UPI: • specifying the community services that each organization is required to deliver in exchange for the City’s funding; • requiring each organization to prepare and, no later than September 1, 2022, file with the City Controller for usage in the 2023 budget process, a report detailing the manner in which City funds were expended by that organization in 2022, how many people were served by that organization and in what manner; and • requiring each organization to agree to collaborate with and amongst other non-profit and city organizations to the maximum extent possible to ensure that services reach a broad population, avoid redundancy, and assist each other in becoming more efficient at serving their overlapping goals. A vote on the resolution resulted as follows: Passed unanimously. 5.5 Release of Contingency Funds for Work on Reimagine Public Service Moved by Alderperson Nguyen. Seconded by Alderperson McGonigal. WHEREAS, Eric Rosario and Karen Yearwood performed professional services for the Reimagine Public Safety Report for the City of Ithaca at a cost of $10,000 each; and WHEREAS, funds for Reimagine Public Safety were included in the 2022 Authorized Budget in Restricted Contingency; now, therefore, be it RESOLVED, That Common Council hereby approves the release of funds from Account A1990 Restricted Contingency in the amount not to exceed $20,000 for the purposes of paying for said services and transfers those funds to Account A3010-5435 Department of Community Safety Contracts. A vote on the resolution resulted as follows: City Administration Committee Meeting April 27, 2022 Page 12 Yes (1): Nguyen No (4): Barken, Cantelmo, Defendini, McGonigal Motion Failed 1-4. 6. Discussion 6.1 Rules of Procedure Chairperson Cantelmo stated that this Committee will re-start the discussions about the Rules of Procedures. 7 Meeting Wrap-up 7.1 Announcements Letter to the Department of Interior and Indian Affairs: The Committee thanked each other for the work done on the letter that was drafted and sent by the City Clerk to the Department of Interior and Indian Affairs regarding situation in Seneca Falls. 7.2 Next Meeting Date: May 25, 2022. 7.3 Review, Agenda Items for Next Meeting. None. 7.4 Adjourn: With no further business and on a motion by Alderperson Defending, the meeting was adjourned at 8:57 p.m.