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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 City Administration Committee Meeting 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. City Administration Committee Meeting March 15, 2023 Page 3 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 City Administration Committee Meeting March 15, 2023 Page 4 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 City Administration Committee Meeting March 15, 2023 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. City Administration Committee Meeting 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 City Administration Committee Meeting 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 City Administration Committee Meeting March 15, 2023 Page 8 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. City Administration Committee Meeting March 15, 2023 Page 9 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.