HomeMy WebLinkAboutMN-CA-2023-03-15CITY ADMINISTRATION COMMITTEE
CITY OF ITHACA, NEW YORK
Regular Meeting 6:00 p.m. March 15, 2023
PRESENT:
Alderperson Cantelmo – Chair
Alderpersons (4): Barken, Defendini, Haines-Sharp, McGonigal
OTHERS PRESENT:
City Attorney – Lavine
Assistant Superintendent – Gibson
Youth Bureau Director – Klohmann
Chief of Staff – Mohlenhoff
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 Defendini made a motion to approve the minutes from the
City Administration Committee meeting held on February 22, 2023. Seconded by Alderperson
McGonigal. Motion carried unanimously.
2. Petitions and Hearings of Persons Before Council
2.1 Statements from the Public. None.
2.2 Council Response. None.
3. Consent Agenda
3.1 Funding for Hiring Outside Legal Counsel for Ethics Investigation
Moved by Alderperson Defendini. Seconded by Alderperson McGonigal.
WHEREAS, last year, the Common Council raised ethical concerns regarding potential outside
financial influence in the Reimagining Public Safety Process; and
WHEREAS, the Mayor called for an investigation intended to directly address these concerns; and
WHEREAS, the Common Council, the Mayor, the City Attorney, and the Chief of Staff agreed that an
investigation needed to be conducted by outside legal counsel in order to maximize public trust in the
investigative outcome; and
WHEREAS, on July 6, 2022, the Common Council approved funding for this purpose in an amount not
to exceed $50,000, specifying that the resulting final written report be made publicly available; and
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March 15, 2023
Page 2
WHEREAS, the outside investigation was thorough and time-consuming across nearly five months,
resulting in the Common Council’s December 7 resolution providing an additional $20,000 of funding
for outside counsel; and
WHEREAS, after the completion, presentation, and publication of the report, the Common Council
further consulted with outside counsel, resulting in total charges in excess of the total available funding
of $70,000; now, therefore, be it
RESOLVED, that Common Council hereby transfers an additional amount not to exceed $1,000 from
account A1990 Unrestricted Contingency to account A1420-5435 Attorney contracts, for a total
appropriation not to exceed $71,000, to fund the above-described investigation and such related
expenses as the Mayor deems necessary.
A vote on the resolution resulted as follows:
Passed unanimously.
4. Administration, Human Resources, & Policy
4.1 Amendment to Personnel Roster – Ithaca Police Department
Moved by Alderperson Haines-Sharp. Seconded by Alderperson McGonigal.
WHEREAS, the Ithaca Police Department requested a review of its Financial Clerk position to
determine whether the position is appropriately classified, and
WHEREAS, the Human Resources Department has reviewed the duties and responsibilities of the
Financial Clerk position and has determined that there has been a permanent and material growth in job
responsibilities that merits a reclassification of the position to Administrative Assistant, and
WHEREAS, the Ithaca Civil Service Commission will review the proposed reclassification of the
Financial Clerk position to Administrative Assistant at their April 5, 2023 meeting, now, therefore, be it
RESOLVED, that, subject to the approval of the Ithaca Civil Service Commission, the Personnel Roster
of the Ithaca Police Department be amended as follows:
Add: One (1) Administrative Assistant (Grade 8)
Defund: One (1) Financial Clerk (Grade 3)
and be it further
RESOLVED, that the Financial Clerk position shall remain on the Police Department personnel roster
in an unfunded capacity until such time as the employee successfully completes the civil service
examination process for Administrative Assistant, at which time the position shall be abolished, and be
it further
RESOLVED, that the funding for this change shall be derived from existing funds within the Ithaca
Police Department’s budget.
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March 15, 2023
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A vote on the resolution resulted as follows:
Passed unanimously.
4.2 Renewing City-Cornell MOU Permitting Means Restriction Installations to Continue Under City
Bridges
Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp.
WHEREAS, the City of Ithaca owns three high gorge bridges on East Hill adjacent to or connecting
within the Cornell University campus, namely, the Stewart Avenue Bridge over Cascadilla Creek, the
Thurston Avenue Bridge over Fall Creek, and the Stewart Avenue Bridge over Fall Creek; and
WHEREAS, Cornell University owns four high gorge bridges on East Hill adjacent to or connecting
within the Cornell campus, namely, the Trolley Bridge over Cascadilla Creek, the College Avenue
Bridge over Cascadilla Creek, the Beebe Dam Bridge over Fall Creek, and the Suspension Bridge over
Fall Creek; and
WHEREAS, in 2010 – 2012, Cornell, in consultation with the City, designed, obtained approvals for,
and ultimately contracted for, means restriction systems installed under the above-listed bridges; and
WHEREAS, as part of that process, the City accepted privilege of the floor comments at various public
meetings and held public hearings of the Common Council and the City’s Board of Public Works on
July 14, 2010, and June 28, 2011, concerning the potential use of means restriction on high gorge
bridges; and
WHEREAS, the City and Cornell recognize and highly value the natural beauty and majesty of the deep
gorges of Fall Creek and Cascadilla Creek on East Hill, and the scenic vistas of them from various
points accessible to the public, and the special and positive effect these gorges and vistas have on the
majority of the people who live, work, or visit in Ithaca and on the Cornell campus; and
WHEREAS, as a result of extensive discussions, feedback, and public comment, Cornell took into
account the public’s opinions about the value of preserving the natural beauty and their aversion to
blocking or unduly interfering with views of and from these high gorge bridges; and
WHEREAS, Cornell stated its intent to, and thereafter did, provide to the City means restriction
systems for the three City bridges free of charge to the City, and made their maintenance, repair and
other obligations of operation and ownership wholly or substantially “cost-neutral” to the City during
the term of the Agreement; and
WHEREAS, more specifically, on December 15, 2012, the City and Cornell entered into an Agreement
Concerning Installation and Maintenance of Nets Under Certain City High Gorge Bridges (“Original
Agreement”), which permitted Cornell to install means restriction systems and related infrastructure on
the City-Owned Bridges; and
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March 15, 2023
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WHEREAS, that agreement had a term of ten years, starting as of the date that Cornell and the City
executed a letter of commencement transferring ownership to the City of the means restriction systems
and associated equipment on the City-Owned Bridges; and
WHEREAS, the letter of commencement was signed by the parties on May 17, 2013, such that the
Original Agreement expires on May 16, 2023; and
WHEREAS, the City wishes to consent to the continued presence of the means restriction systems on
the three City-owned bridges on the terms and conditions set forth herein for a renewal period of an
additional ten years; now therefore be it
RESOLVED, That the Council hereby consents to the continued presence of the means restriction
systems under and upon the three, City-owned, high gorge bridges specified above, subject to terms and
conditions substantially similar to those set forth in the proposed renewal agreement entitled “Second
Agreement Between the City of Ithaca and Cornell University Concerning Maintenance of Means
Restriction Systems Under Certain City High Gorge Bridges,” included herewith; and be it further
RESOLVED, That the Mayor, upon consultation with the City Attorney, is hereby authorized to
execute an agreement substantially similar to the aforementioned, as included herewith.
A vote on the resolution resulted as follows:
Passed unanimously.
4.3 Amendment to Personnel Roster – DPW – Water Treatment Plant Staff
Moved by Alderperson McGonigal. Seconded by Alderperson Barken.
WHEREAS, the Water Treatment Plant (WTP) is restructuring its staff organization to more efficiently
meet operational requirements and water quality standards; and
WHEREAS, recent changes in the number of shifts and the timing of maintenance and repair work has
highlighted the need for an additional supervisory position, which is typically performed by a Senior
Water Treatment Plant Operator, and
WHEREAS, New York State Department of Health (NYSDOH) is expanding its lead and copper
sampling requirements in 2024, which will greatly increase the workload for laboratory staff, and an
additional Laboratory Technician position is needed; and
WHEREAS, the changes listed above will reduce the need for two Water Treatment Plant Operator
positions, and the proposed roster changes can be made without any impact to the 2023 budget; now,
therefore, be it
RESOLVED, that the personnel roster of the Department of Public Works be amended as follows:
Add: one (1) Senior Water Treatment Plant Operator
Add: one (1) Laboratory Technician
Defund: two (2) Water Treatment Plant Operators
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Page 5
and be it further
RESOLVED, that the above changes shall be funded by using existing funds in the 2023 DPW budget.
A vote on the resolution resulted as follows:
Passed unanimously.
4.4 Resolution to Amend the Youth Bureau 2023 Roster
Moved by Alderperson Defendini. Seconded by Alderperson McGonigal.
WHEREAS, the Youth Bureau is requesting an amendment to the 2023 roster; and,
WHEREAS, the Recreation Support Services (RSS) program has been working at a decreased staffing
level since 2020; and,
WHEREAS, participant waitlists for both youth and adults continue to grow; and,
WHEREAS, multiple contracts for services have stayed at the same levels; and,
WHEREAS, new administrative and reporting systems, new health and safety requirements, and
program modifications have resulted from COVID; and,
WHEREAS, the Youth Bureau wishes to increase the workweek for a vacant Specialist in Recreation
for Individuals with Disabilities position from 20 hours/week to 35 hours/week; and
WHEREAS, this amendment does not require any amendments to the 2023 YB budget now, therefore,
be it
RESOLVED, that the Personnel Roster of the Youth Bureau shall be amended effective June 1, 2023,
as follows:
Increase: One (1) Specialist in Recreation for Individuals with Disabilities position from 20
hours/week to 35 hours/week.
A vote on the resolution resulted as follows:
Passed unanimously.
4.5 HR Report: The HR Director reported on E-Cornell Partnership, Performance Evaluations and
Automating Processes.
5. Finance, Budget, and Appropriations
5.1 Renewing Right to Counsel MOU with LawNY
Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp.
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March 15, 2023
Page 6
WHEREAS, on Oct 3, 2021, the Common Council adopted a Right to Counsel resolution including the
following features:
a) Attorney-client representations of City-resident tenants in City Court;
b) Non-attorney-client advising and guidance for City-resident tenants who contact LawNY seeking
same; and
c) A LawNY presence at City Court (generally once per week) to assist tenants appearing in court
with (a) non-attorney-client advising and guidance, and (b) potential client intake as new LawNY
clients;
and;
WHEREAS, as part of the 2022 Authorized Budget, Common Council included $125,000 for said
program, and thereafter on May 4, 2022, authorized the use of said funds for said program; and
WHEREAS, the current Agreement between the City and LawNY for the funding and operation of the
Right to Counsel program expires on March 31, 2023; and
WHEREAS, despite LawNY’s best efforts, the substantial majority of said funding remains available at
this time, and LawNY has indicated its willingness to continue the program for a renewal period; now,
therefore, be it
RESOLVED, that the Mayor and the City Controller are hereby authorized to devote to a renewal term
of this agreement the unexpended remainder of the previously budgeted $125,000 for this program; and
be it further
RESOLVED, that the Mayor, on the advice of the City Attorney, is hereby authorized to execute a
renewal of the expiring Right to Counsel Agreement with LawNY on terms substantially similar to those
already contained in that Agreement, for a period commencing April 1, 2023, and concluding on March
31, 2024.
A vote on the resolution resulted as follows:
Passed unanimously.
5.2 Authorization of REACH Funding
Moved by Alderperson Haines-Sharp. Seconded by Alderperson Defendini.
WHEREAS, as part of the 2023 Authorized City Budget, Common Council included $100,000 in
restricted contingency funding to The REACH Project, Inc., and
WHEREAS, the funds will be used to support the continuation and expansion of medical services to
city residents, and outreach medical services delivered to underserved, low-income residents of Ithaca,
including a focus on sheltered and unsheltered homeless individuals, and Harm-reduction medical
outreach services to low-income and homeless individuals to cover costs of clinical staff and
administrative support expenses that cannot be reimbursed through billing medical insurance; now,
therefore be it
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March 15, 2023
Page 7
RESOLVED, That Common Council hereby releases $100,000 from Account A1990 Restricted
Contingency and transfers the funds to Account A1012-5435 Community Service Contracts for the
purpose of funding The REACH Project, Inc. for 2023.
A vote on the resolution resulted as follows:
Passed unanimously.
5.3 Request to Amend the Youth Bureau 2023 Budget
Moved by Alderperson Defendini. Seconded by Alderperson McGonigal.
WHEREAS, the Ithaca City School District has agreed to give the Youth Bureau $5,234 in new funding
for the Student Tutor Program and
WHEREAS, the goal of this program is to teach high school students how to tutor middle school
students and support middle school students in increasing their knowledge and understanding of their
math subjects. This program will also help middle school students develop high school connections
allowing them to feel more comfortable transitioning to high school and
WHEREAS, the Youth Bureau staff will work closely with ICSD to assist the Student Tutors in their
work and provide compensation for the Tutors, therefore, be it
RESOLVED, That Common Council hereby amends the 2023 Youth Bureau budget as follows:
Increase Revenues:
Account # A7310-2705-1200 Youth Development Administration $4,577.00
Account # A7310-2705-1400 Youth Bureau Administration $ 657.00
Total $5,234.00
Increase Expenses:
Account # A 7310-5120-1200 Part time/Seasonal $4,000.00
Account # A 7310-5460-1200 Program Supplies $ 46.81
Account # A 7310-5120-1400 Part time/Seasonal $ 567.00
Account # A7310-9030 FICA/MEDICARE $ 390.19
Account # A7310-9040 Workers Comp $ 230.00
Total $5,234.00
A vote on the resolution resulted as follows:
Passed unanimously.
5.4 Budget Timeline & Special Topics: The Committee discussed the draft Budget Schedule for 2024 and
what items to include in the budget discussions. Additional items for budget discussions or any
problems with the suggested dates and times for the budget meetings should be given to Chairperson
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March 15, 2023
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Cantelmo or Chief of Staff Mohlenhoff. The Committee was encouraged to let them know by Friday
about the Budget Schedule, otherwise these dates/times would be scheduled.
Alderperson Haines-Sharp made a motion to add as member file to the agenda item 5.5 – Resolution to
Approve Execution of Mutual Release of Agreement and Interests Pertaining to Property Location at 401 Third
Street. Seconded by Alderperson Defendini. Motion carried unanimously.
5.5 Resolution to Approve Execution of Mutual Release of Agreement and Interests Pertaining to Property
Located at 401 Third Street
Moved by Alderperson Defendini. Seconded by Alderperson Barken.
WHEREAS, in 1931, the City of Ithaca entered into an agreement with the then-owners of property
located at the corner of Third Street and Adams Street, presently known as 401 Third Street (Tax Parcels
25.-5-5 and 25.-5-4) (the “Property”), which agreement was memorialized in instruments recorded with
the office of the Tompkins County Clerk at Liber 279 of Deeds at page 463 and Liber 226 of Deeds at
page 39 (the “Agreement”), and
WHEREAS, the Agreement granted the City the right to use a then-existing railroad spur and to
construct and maintain an extension of said spur across the Property for the benefit of adjacent City-
owned property; and
WHEREAS, the railroad spur and associated infrastructure are no longer in existence and are unlikely
to be reconstructed; and
WHEREAS, Patel Lanes, Inc., the owner of the Property, has requested that the City release its interests
created by the Agreement in exchange for a mutual release of any obligations created by the Agreement
(the “Release”); and
WHEREAS, in light of the demolition of the railroad and associated infrastructure, the City no longer
has any need for the interests created by the Agreement, which are of no value to the City; and
WHEREAS, the City executed a similar release for an adjacent parcel to the west in 1992, recorded at
Liber 687 of Deeds at page 260; and
WHEREAS, any costs relating to the execution or recordation of the Release will be borne by the
Property’s owner; be it hereby
RESOLVED, that the Mayor of the City of Ithaca, subject to the advice of the City Attorney, is hereby
authorized to execute a Release in a form substantially similar to the draft attached hereto.
A vote on the resolution resulted as follows:
Passed unanimously.
6. City Manager Transition
6.1 Brief Update: Chief of Staff Mohlenhoff gave an update on the City Manager transition.
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7. Other Business. None.
8. Meeting Wrap-up
8.1 Announcements. None.
8.2 Next Meeting Date: April 26, 2023.
8.3 Review, Agenda Items for Next Meeting. None.
8.4 Adjourn: With no further business and on a motion by Alderperson Defendini, the meeting was
adjourned at 7:03 p.m.