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HomeMy WebLinkAboutMN-CA-2023-06-28CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 28, 2023 PRESENT: Alderperson Cantelmo – Chair Alderpersons (3): Defendini, Haines-Sharp, McGonigal EXCUSED: Alderperson (1): Barken OTHERS PRESENT: Mayor – Lewis Acting Police Chief – Schwartz Superintendent of Public Works – Thorne Fire Chief – Covert Controller – Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: Item 3.1 – DPW – Amend 2023 Golf Course Budget for Donation was moved from the Consent Agenda items to 4.1. 1.2 Review/Approval of Minutes: Alderperson Defendini made a motion to approve the minutes from the City Administration Committee meeting held on May 24, 2023. Seconded by Alderperson Haines- Sharp. Motion carried 4-0. 2. Petitions and Hearings of Persons Before Council 2.1 Statements from the Public Zach Winn, City resident, spoke on the City Manager search and gun safety. 2.2 Council Response Chairperson Cantelmo stated that more information about the City Manager search can be obtained from the Committee of the Whole [COW] meeting held on June 14, 2023. Mayor Lewis gave an update on the status of the Chief of Police Search. 3. Consent Agenda 3.1 DPW – Amend 2023 Golf Course Budget for Donation: this item was moved out of Consent Agenda to Item 4.1. 3.2 IYB-YES UWTC Resolution Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. City Administration Committee Meeting June 28, 2023 Page 2 WHEREAS, the United Way of Tompkins County has advised the Ithaca Youth Bureau that Youth Employment Service will be receiving $9,600 in funding for the YES Summer Jobs Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2023 Youth Bureau budget as follows: Increase revenue: Account # A7310-2350-1202 Youth Employment Service Total $9,600.00 Increase expenses: Account # A7310-5120-1202 Part time/Seasonal $8,522.00 Account # A7310-9030-1202 FICA/Medicare $652.00 Account # A7310-9040-1202 Worker’s Compensation $426.00 Total $9,600.00 A vote on the resolution resulted as follows: Passed unanimously. 3.3 IYB-YES JYC Resolution Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, the Joint Youth Commission and the Town of Ithaca have advised the Ithaca Youth Bureau that Youth Employment Service will be receiving $75,456 in funding for the Joint Youth Commission First-Time Work Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2023 Youth Bureau budget as follows: Increase revenue: Account # A7310-2350-1202 Youth Employment Service $74,456.00 Account # A7310-2350-1400 Administration $1,000.00 Total $75,456.00 Increase expenses: Account # A7310-5120-1202 Part time/Seasonal $59,595.00 Account # A7310-5425-1202 Office Supplies $2,450.00 Account # A7310-5445-1202 Travel & Mileage $1,172.00 City Administration Committee Meeting June 28, 2023 Page 3 Account # A7310-5460-1202 Program Supplies $2,380.00 Account # A7310-5440-1202 Staff Development $1,000.00 Account # A7310-5120-1400 Part time/Seasonal $863.00 Account # A7310-9030-1202 FICA/Medicare $4,626.00 Account # A7310-9040-1202 Worker’s Compensation $3,259.00 Account # A7310-9030-1400 FICA/Medicare $67.00 Account # A7310-9040-1400 Worker’s Compensation $44.00 Total $75,456.00 A vote on the resolution resulted as follows: Passed unanimously. 3.4 IYB-YES TSYEP Resolution Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $210,000 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for lowincome eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2023 Youth Bureau budget as follows: Increase revenue: Account # A7310-4820-1202 Youth Employment Service $205,485.00 Account # A7310-4820-1400 Administration $4,514.00 Total $209,999.00 Increase expenses: Account # A7310-5120-1202 Part time/Seasonal $178,373.00 Account # A7310-5425-1202 Office Supplies $1,000.00 Account # A7310-5440-1202 Staff Development $1,500.00 Account # A7310-5445-1202 Travel & Mileage $500.00 Account # A7310-5460-1202 Program Supplies $1,000.00 Account # A7310-5120-1400 Part time/Seasonal $2,170.00 Account # A7310-5440-1400 Staff Development $2,000.00 Account # A7310-9030-1202 FICA/Medicare $13,646.00 Account # A7310-9040-1202 Worker’s Compensation $9,534.00 Account # A7310-9030-1400 FICA/Medicare $167.00 Account # A7310-9040-1400 Worker’s Compensation $109.00 Total $209,999.00 A vote on the resolution resulted as follows: City Administration Committee Meeting June 28, 2023 Page 4 Passed unanimously. 3.5 DPW – Salary Correction Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, the confidential employee salary step system and formula for salary increases upon promotion inadvertently resulted in an employee being placed at a lower salary than subordinate employees upon the employee’s recent promotion, and WHEREAS, the Department of Public Works and the Human Resources Department wish to correct this inequity, and WHEREAS, doing so requires the approval of Common Council, now, therefore, be it RESOLVED, that the recent promotion of an employee to the position of Office Manager in the Department of Public Works shall result in the placement of the employee at the step 4 Office Manager salary of $65,528. A vote on the resolution resulted as follows: Passed unanimously. 4. Administration, Human Resources, & Policy 4.1 DPW – Amend 2023 Golf Course Budget for Donation [From Consent Agenda Items] Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, the City of Ithaca received a donation from the Friends of Newman to assist with costs associated with the replacement of the Clubhouse Awning, now, therefore be it RESOLVED, That Common Council hereby accepts the donation and amends the 2023 Authorized DPW Golf Course Budget by an amount not to exceed $3,250 as follows for the purposes of funding a portion of the new Clubhouse Awning: Increase appropriation account A7250-5483 Construction supplies $3,250 Increase revenue account A7250-2705 Gifts and Donations $3,250 A vote on the resolution resulted as follows: Passed unanimously. 4.2 Amendment to Personnel Roster – DPW – Manager of Parking and Commons Operations Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. WHEREAS, the Director of Transportation and Parking has recently resigned, and City Administration Committee Meeting June 28, 2023 Page 5 WHEREAS, it has been challenging to find a person with the numerous skillsets envisioned when the “Director of Parking” and “Director of Transportation and Parking” positions were created; and WHEREAS, after 10 years of having a Parking Division, and after three Directors have come and gone, we now have a better sense of the experience and skills needed for the person in this managerial position, as well as the scope of responsibilities and level of supervision required to run the division; and WHEREAS, the new position of Manager of Parking and Commons Operations will be more focused on daily repair, maintenance, and operations of our existing facilities and less focused on strategic planning of our parking systems; now, therefore, be it RESOLVED, that the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Manager of Parking and Commons Operations Delete: One (1) Director of Transportation and Parking and be it further RESOLVED, that the position of Manager of Parking and Commons Operations shall be assigned to the Management Compensation Plan at salary grade 7, and be it further RESOLVED, that for the sole purpose of determining days worked reportable to the New York State and Local Employees Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week), and, be it further RESOLVED, that the funding for this position shall be derived from existing funds within the approved 2023 Department of Public Works budget. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Amendment to Personnel Roster – Fire – Administrative Staff Moved by Alderperson Haines-Sharp. Seconded by Alderperson Defendini. WHEREAS, the Ithaca Fire Department currently has one Administrative Coordinator who handles all administrative functions of the fire department; and WHEREAS, the person who currently holds this position has indicated her intent to retire in the Fall of 2023; and WHEREAS, the department and the community would benefit from onboarding a new Administrative Coordinator for transition training prior to the pending retirement; and WHEREAS, the department has a funded, yet unfilled Financial Management Assistant position to cover the expense; now therefore be it City Administration Committee Meeting June 28, 2023 Page 6 RESOLVED, that the personnel roster of the Ithaca Fire Department be amended as follows, effective August 6, 2023: Add: One (1) Administrative Coordinator And be it further RESOLVED, that the second Administrative Coordinator position will remain funded through the transition, to allow for per diem work from the retiring Coordinator to train the new Coordinator on end of year and beginning of the year processes, and be it further RESOLVED, that upon full completion of the transition, the second Administrative Coordinator position shall be eliminated, and be it further RESOLVED, that the above changes be funded using existing funds in the 2023 IFD budget, derived from current vacant funded position in account A3410 5105 12050. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Create the Position of City Manager and Establish the Standard Work Day Moved by Alderperson McGonigal. Seconded by Alderperson Defendini. WHEREAS, in November of 2022, the residents of the City of Ithaca overwhelmingly voted in favor of creating a City Manager to assume the administrative duties of the Mayor, resulting in a new form of governance that would allow the elected mayor to serve as the Political leader and serve as a voting member on Common Council; and WHEREAS, the City Manager position will be classified by the Civil Service Commission at their July 5th meeting; and WHEREAS, Common Council will have the ability to select and hire a trained, experienced person in the role of City Manager to serve as Chief Executive Officer, now, therefore, be it RESOLVED, that Common Council hereby establishes the position of City Manager to serve as the Chief Executive Officer for the City of Ithaca starting January 1, 2024; and be it RESOLVED, that the salary of the City Manager shall be determined by Common Council at a later date; and be it further RESOLVED, that for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day, forty (40) hours per week. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting June 28, 2023 Page 7 4.5 An Ordinance Establishing Chapter 220 of the City of Ithaca Municipal Code Entitled “Firearm Safety.” Moved by Alderperson Cantelmo. Seconded by Alderperson Defendini. WHEREAS the Common Council of the City of Ithaca is charged with the preservation of order, peace, and the health, safety, and welfare of the City and its inhabitants; and WHEREAS firearm-related deaths have increased in the past decade and firearms are the leading cause of death for those aged 19 or younger; and WHEREAS the Code of the City of Ithaca is silent on the storage of firearms and has not been updated with respect to safety since 1974, and WHEREAS on September 1, 2022 Governor Kathy Hochul signed into law new legislation to make New York State a leader in responsible gun safety, and WHEREAS improperly stored firearms can contribute to their accidental, unauthorized, and illegal use; now therefore ORDINANCE 2023-04 BE IT ORDIANED 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 unsafe storage of firearms threatens public health and safety in the United States. Unsecured weapons increase the likelihood of accidents, theft, and unauthorized or criminal use. 2. The International Association of Chiefs of Police recommends that state and local governments mandate safe storage of firearms to protect children and youth from gun violence. 3. NYS Consolidated Laws, Penal Law §265.45 states no person who owns or is custodian of a rifle, shotgun, or firearm who resides with an individual who such person knows or has reason to know is prohibited from possessing a firearm pursuant to 18 USC §922(g)(1),(4),(8), or (9) shall store or otherwise leave such rifle, shotgun, or firearm out of his or her immediate possession or control without having first securely locked such rifle, shotgun or firearm in an appropriate safe storage depository or rendered it incapable of being fired by use of a gun locking device appropriate to that weapon Nothing in this section shall be deemed to affect, impair, or supersede any special or local act relating to the safe storage of rifles, shotguns, or firearms which impose additional requirements on the owner or custodian of such weapons. 4. Public welfare and law enforcement duties in the City of Ithaca would be enhanced by mandated safe storage practices. Section 2. Definitions The following terms shall have the following meanings: City Administration Committee Meeting June 28, 2023 Page 8 A. “Residence.” As used in this Chapter, “residence” is any structure intended or used for human habitation including but not limited to houses, condominiums, rooms, accessory dwelling units, motels, hotels, SROs, time-shares, and recreational and other vehicles where human habitation occurs. The term “residence” also includes the curtilage of those structures or vehicles. B. “Firearm.” As used in this Chapter, “firearm” means a device, designed to be used as a weapon, from which a projectile is expelled through the barrel by the force of an explosion or other form of combustion. It does not include an “antique firearm” as defined by 18 U.S.C. 921(a)(16). C. “Firearm precursor part.” As used in this Chapter, “firearm precursor part” means a component of a firearm that is necessary to build or assemble a firearm and falls within either of the following categories: a. An unfinished receiver, including both a single part receiver and a multiple part receiver, such as a receiver in an AR-10 or AR-15-style firearm. An unfinished receiver includes a receiver tube, a molded or shaped polymer frame or receiver, a metallic casting, a metallic forging, and a receiver flat, such as a Kalashnikov-style weapons system, Kalashnikov-style receiver channel, or a Browning-style receiver side plate. b. An unfinished handgun frame. Section 3. Prohibition. A. No person shall keep a firearm or precursor part within a residence unless the firearm or precursor part is stored in a locked container or disabled with a locking device. The firearm must be stored or disabled in a manner that a reasonable person would believe renders it inaccessible to unauthorized users. It is a violation of this prohibition if the key, mechanism, or code to unlock or disable the locked container or locking device is reasonably accessible to someone other than the owner or custodian. Section 4. Exceptions. No violation of this Chapter shall be found in the following circumstances: A. The firearm or precursor is carried on the body of an authorized user who is legally allowed to possess a firearm or precursor part of that type; or B. The firearm or precursor part is kept within close enough proximity and control that the owner or other lawfully authorized user of the firearm or precursor can readily retrieve and use the firearm or precursor part as if carried on the person. Section 5. Penalty. A. A violation of §220-3 shall be punishable by civil fine of $500 for the first offense. Subsequent violations in a one-year period will be punishable by a fine of $1,000. City Administration Committee Meeting June 28, 2023 Page 9 B. If an unauthorized user obtains access to a firearm or precursor part because of a violation of §220-3 and uses the firearm or precursor part to injure or kill themselves or another, the owner or custodian, shall be liable in a civil action for the death or injury. In such an action a prevailing plaintiff shall be entitled to recover attorney’s fees. Section 6. Severability. 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 7. Effective Date. This Ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. After discussion, Alderperson Defendini made a motion to table this agenda item. Seconded by Alderperson Haines-Sharp. The vote to table this resolution resulted as follows: Passed unanimously. 5. Finance, Budget, & Appropriations 5.1 DPW – Authorization of Hazard Mitigation Grant Program Application Moved by Alderperson Defendini. Seconded by Alderperson McGonigal. WHEREAS, the New York State Division of Homeland Security and Emergency Services (DHSES) has announced the availability of Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) funds for Presidential Declaration: DR-4480 (COVID-19), and WHEREAS, prioritization criteria for the award of the grant include: projects that address climate change adaption and resiliency, projects that reduce risks associated with flooding, projects that protect and/or mitigate risk to critical infrastructure and utilities, and projects that are identified in a FEMA approved Hazard Mitigation Plan, and WHEREAS, the City of Ithaca completed a Local Flood Hazard Analysis (LFHA) in 2020, which identified flood risks from a 100-year (1% probability) event along with specific mitigation measures to reduce those flood risks, and WHEREAS, the City of Ithaca recently adopted the FEMA approved Hazard Mitigation Plan update prepared by Tompkins County, which includes the mitigation measures identified in the LFHA, and WHEREAS, FEMA recently issued draft flood maps for the City of Ithaca which are consistent with the flood risks identified in the LFHA, and will eventually replace the 1981 Flood Insurance Rate Maps City Administration Committee Meeting June 28, 2023 Page 10 (FIRMs), and show a significantly larger flood zone than the 1981 FIRMs which will greatly affect the number of properties requiring flood insurance, and WHEREAS, the proposed mitigation measures will increase flow capacity for Fall, Cascadilla, and Six Mile Creeks, prevent backflow related flooding through the storm system, reduce flood risk for large portions of the City, and reduce the flood zones shown on the proposed FEMA maps; now, therefore, be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit an application in accordance with the provisions of the Hazard Mitigation Grant Program for Presidential Declaration DR-4480, in an amount not to exceed $12,000,000, and upon approval of said request to enter into and execute a project agreement for such financial assistance to the City of Ithaca for design, right-of-way acquisition, construction and construction inspection of a project as described above, and it is hereby further RESOLVED, that contingent upon award of the HMGP funds, the Common Council hereby authorizes the establishment of Capital Project #913 to pay in the first instance 100% of the federal and non-federal share of the cost of all work for the Project; and it is further RESOLVED, that contingent upon award of the HMGP funds, the sum not to exceed $1,200,000 is hereby appropriated from serial bonds and made available to cover the cost of participation in the above Project in the first instance; and it is further RESOLVED, that the total project cost shall not exceed $12,000,000 with the understanding that the breakdown of funds to be approximately $10,800,000 in HMGP funds, and $1,200,000 in City of Ithaca serial bond financing, to be administered by the Superintendent of Public Works, and be it further RESOLVED, that in the event the full federal and non-federal share costs of the project exceed the amount appropriated above, the City of Ithaca Common Council shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDHSES 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 that the Superintendent of Public Works is hereby authorized to execute all certifications or reimbursement requests for HMGP funding on behalf of the City of Ithaca 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 all Project costs that are not so eligible; and it is further RESOLVED, that this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 5.2 Fund an Executive Search Firm to Conduct the Search for a City Manager Moved by Alderperson Defendini. Seconded by Alderperson Haines-Sharp. City Administration Committee Meeting June 28, 2023 Page 11 WHEREAS, the City of Ithaca is, for the first time ever, in search of a City Manager to serve as the Chief Executive Officer in its new form of governance, and WHEREAS, the Mayor is recommending that the City engage Dr. Ian Coyle from Pracademic Partners, who has been instrumental in the initial efforts to develop a profile that will enable the City to clearly articulate the characteristics and skills necessary to attract a capable individual who will excel in this position, and WHERAS, Mr. Coyle will be responsible for developing a formal recruitment brochure, doing direct targeted outreach, developing a pool of candidates and finalist, assist with the selection tools, assist with reference checks, and participate in the process as requested, now, therefore, be it RESOLVED, that Common Council authorizes the Mayor to enter into a contract with Dr. Ian Coyle of Pracademic Partners to provide executive search services to fill the City Manager position. The contract shall be for up to $25,000, and be it further RESOLVED, an amount not to exceed $25,000 for said City Manager search be derived from Account #A1990 Unrestricted Contingency and transferred to Account #A1430-5435. A vote on the resolution resulted as follows: Passed unanimously. 6. City Manager Transition. None. 7. Other Business 7.1 Ithaca Protection of Transgender and Gender Rights Resolution: This resolution was for discussion only. 7.2 Ithaca Trans Safe Haven Resolution: This resolution was for discussion only. 8. Meeting Wrap-up 8.1 Announcements • COW Meeting: There will be a Committee of the Whole [COW] meeting on July 12, 2023. 8.2 Next Meeting Date: July 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 7:23 p.m.