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HomeMy WebLinkAboutMN-CA-2012-08-01CITY ADMINISTRATION COMMITTEE Regular Meeting August 22, 2012 Members Present: Alderperson Brock, Alderperson Fleming, Alderperson Kerslick, Alderperson Proulx, Alderperson Clairborne, Mayor Myrick Council Members Present: Alderperson Dotson, Alderperson Murtagh Staff Present: Bill Gray (Supt of Public Works), Ari Lavine (City Attorney), JoAnn Cornish (Director of Planning), Allen Green (YB Director), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Nels Bohn (IURA Director), Members of the Public, Members of the Media Chairperson Clairborne called the meeting to order at 6:07 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Clairborne welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements. None. 3. Agenda Review and Amendments The following item was removed from the agenda: 13.1 — Police Department — Authorization for Officers to Undergo Training for Emergency Treatment of Opioid Overdoses and to Perform Such Treatment. 4. Approval of Minutes Alderperson Kerslick made a motion to approve the minutes, with corrections, from the June 27, 2012 meeting of the City Administration Committee. Seconded by Alderperson Proulx. Motion carried 3 -0; with abstention from Alderperson Fleming and Alderperson Brock. Alderperson Kerslick made a motion to approve the minutes, with corrections, from the July 25, 2012 meeting of the City Administration Committee. Seconded by Alderperson Brock. Motion carried 4 -0; with abstention from Alderperson Proulx. 5. Statements from the Public James Douglas, of Ithaca, spoke about the City of Ithaca being a living wage employer. The following people spoke about the benefits and/or history of Project Growing Hope's Community Gardens: City Administration Committee Meeting August 22, 2012 Page 2 • Jeffrey D. Walker, Attorney for Project Growing Hope • Heidi Marschner, Ithaca Resident • Carolyn Peterson, Ithaca Resident • Michael Smith, Graduate Student • Tali Fridman, Ithaca Resident • Quadira Garber — Ithaca Resident • Deteh Paw, Ithaca Resident (originally from Burma) • Leslie Schultz, Ithaca Resident • Kip Wilcox, Ithaca Resident • Jonathan Pickett, Van Etten Resident • Robert Patterson, Ithaca Resident • Leila Nassar - Fredell, Ithaca Resident • Linda Nicholson, Ithaca Resident • Nell Gagnon, Ithaca Resident • Rev. Richard Rose, Ithaca Pastor • Avi Baumgold, Ithaca Resident • Jessica Shurberg, Ithaca Resident • Samuel Law, Ithaca Resident • Neil Oolie, Ithaca Resident • Susan Nassar, Ithaca Resident • Joel Harlan, Newfield Resident • Josh Dolan, Cornell Cooperative Extension Staff • Clare Grady, Ithaca Resident • Sean Dembrosky, Horticulturalist and Trumansburg Resident, is available to answer questions about the site assessment Alderperson Proulx read a letter from 12th Moon, President of GreenStar Cooperative Market, clarifying its connection to the former Carpenter Business Park. 6. Employee Comments. None. 7. City Administration Members Response The Committee thanked the people for their comments and stated that they will withhold their response for the discussion later in the meeting. 8. Workforce Diversity Advisory Committee (WDAC) Update The WDAC convened a sub -group to work on the City's diversity report card. The diversity report card would be a framework to show where the City is as an organization in comparison with the City's diversity statement. City Administration Committee Meeting August 22, 2012 Page 3 9. Mayor's Report / 2013 Budget Topics /Updates The Mayor updated the Committee on the 2013 budget process. Mayor Myrick, then, gave a presentation on the Commons, its upcoming renovations, how the City got the funding for this project and on construction happening in the downtown area. 10. Youth Bureau Rehabilitation of Skate Board Park Moved by Alderperson Proulx. Seconded by Alderperson Kerslick. WHEREAS, the Common Council of the City of Ithaca adopted a resolution authorizing a grant submission to the Environmental Protection Fund for the rehabilitation of the Ithaca Skate Park, located in Wood Street Park in the City of Ithaca on July 6, 2005, and WHEREAS, the not - for -profit corporation known as the Tem Park Fund, Inc., applied to the New York State Office of Parks, Recreation, and Historic Preservation for a grant under the Environmental Protection Fund and was awarded a $66,000 grant for this rehabilitation project, and WHEREAS, the City owns and operates the Wood Street Park and has assumed responsibility for approving, awarding and administering any contract for design, construction, repair or maintenance of the skate park facility, and WHEREAS, the Tem Park Fund, Inc., has agreed to make said grant funds available for payment to the City to be used for said rehabilitation project, and WHEREAS, the City has agreed to handle all voucher paperwork for the NYS Parks grant, now therefore be it RESOLVED, That the Director of the City of Ithaca Youth Bureau, is hereby authorized to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $66,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the rehabilitation of the Ithaca Skate Park. Alderperson Brock expressed concern that the administration of this project and its funds being handled through the Ithaca Youth Bureau and not the City Forester of the Department of Streets & Facilities, who is the designated manager of all City Parks. Youth Bureau Director Green stated that while the Youth Bureau oversees Cass Park, the DPW requested to have the Youth Bureau manage this project in 2008. City Administration Committee Meeting August 22, 2012 Page 4 A vote on the resolution resulted as follows: Ayes (4): Fleming, Kerslick, Proulx, Clairborne Nayes (1): Brock Motion passed 4 -1. 11. Department of Public Works Amendment to Personnel Roster - Modification of the Work Hours for the Position of Lab Technician at the WTP Moved by Alderperson Kerslick. Seconded by Alderperson Fleming. WHEREAS, the City of Ithaca Common Council resolved to created the Water Treatment Plant Lab Technician Position, a 40 -hour per week position, on July 2, 2012, and WHEREAS, the Chief Operator of the Water Treatment Plant believes the work entailed for this position can be performed adequately in a 35 -hour work week, and WHEREAS, in light of the City's current budgetary constraints, this reduction in hours from 40 hours per week to 35 hours weekly would help the Water & Sewer Division of the City of Ithaca Department of Public Works in meeting its budget goals, now therefore be it RESOLVED, That the Common Council authorizes the reduction of work week hours for the Laboratory Technician Position at the Water Treatment Plant from 40 hours to 35 hours per week. A vote on the resolution resulted as follows: Passed unanimously. 2. Amendment to Personnel Roster — Modification of Work Hours for a Position in the Water and Sewer Division Moved by Alderperson Fleming. Seconded by Alderperson Brock. WHEREAS, a Financial Management Assistant in the Water and Sewer Division of the Department of Public Works has requested a temporary reduction in her workweek from 40 hours per week to 30 hours per week to allow her to address family needs, and WHEREAS, the Division is willing to accommodate this request; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized Personnel Roster as follows: that the workweek of one Financial Management Assistant position in the Water and Sewer Division of the Department of Public Works be and hereby is reduced from 40 hours per City Administration Committee Meeting August 22, 2012 Page 5 week to 30 hours per week from October 1, 2012, through March 31, 2013, pursuant to the employee's request, 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 six hours per day (30 hours per week). A vote on the resolution resulted as follows: Passed unanimously. 3. Amendment to Personnel Roster — Modification of Work Hours for a Position in the Ithaca Area Waste Water Treatment Facility Moved by Alderperson Brock. Seconded by Alderperson Fleming. WHEREAS, with the recent loss of our Administrative Assistant at the Ithaca Area Wastewater Treatment Facility (IAWWTF), and the continuing need for administrative support for the IAWWTF the Water & Sewer Division of the Department of Public Works requests the resources necessary to enable existing administrative support personnel within the Division to provide for the immediate administrative support needs at the IAWWTF, and WHEREAS, to provide administrative support to the IAWWTF the Division requests an increase in the workweek of an Administrative Coordinator from 20 hours per week to 30 hours per week to allow the Division the personnel resources to cover the near -term administrative needs of the IAWWTF, without hiring a full -time replacement at this time, and WHEREAS, for the balance of 2012 and for 2013 the Water and Sewer Division will cross train and assign a number (two or three) of its existing administrative staff to meet the immediate administrative support needs of the IAWWTF, currently estimated at 30 to 35 hours per week, and WHEREAS, the Division estimates this course of action will realize a savings between $5,000 to $10,000 in administrative salaries for 2013, and WHEREAS, the long -term administrative support needs of the IAWWTF will be assessed over the next year and recommendations to meet the long term need will be presented in the 2014 Budget Request; now therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized Personnel Roster as follows: that the workweek of one Administrative Coordinator position in the Water and Sewer Division of the Department of Public Works be and hereby is increased from 20 hours per week to 30 hours per week retroactively from August 13, 2012, through December 31, 2013. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting August 22, 2012 Page 6 4. IAWWTF — Request to Amend 2012 Authorized Budget for the Purchase of Vehicle Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, the Ithaca Area Wastewater Treatment Facility ( IAWWTF) recently sold an underutilized dump truck at auction for $47,000, and WHEREAS, the IAWWTF staff had planned to purchase a new spotter vehicle in late 2012 or early 2013 using some proceeds from the sale of the dump truck to help offset the cost, and WHEREAS, a recent vehicle fire at the IAWWTF has prompted the need to purchase a spotter vehicle much sooner than anticipated, and WHEREAS, the Special Joint Committee of the IAWWTF has approved this purchase, and WHEREAS, IAWWTF staff has located a used spotter vehicle for less than $50,000; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 IAWWTF authorized budget to account for said vehicle sale and purchase as follows: Increase Revenue Account J8150 -2665 IAWWTF Sale of Equipment Increase Appropriation Account J8150 -5225 IAWWTF Other — Equipment A vote on the resolution resulted as follows: 12. Police Department $47,000 $47,000 Passed unanimously. Authorization for Officers to Undergo Training for Emergency Treatment of Opioid Overdoses and to Perform Such Treatment This item was removed from the agenda. 13. Common Council Community Gardens /Carpenter Business Park (Discussion) At the last meeting, the Committee tabled this item. Alderperson Brock made a motion to bring this item forward for discussion. Seconded by Alderperson Kerslick. Motion carried unanimously. City Administration Committee Meeting August 22, 2012 Page 7 After the Committee and City staff had a lengthy discussion about this item, it was decided that the Mayor would schedule a special Common Council meeting where this item will continue to be discussed. Alderpersons Proulx and Kerslick agreed to work with staff to provide background information and direction for Council to consider at that meeting. 14. Attorney's Office Proposal to Explore Consortium for Time Warner Franchise Agreement Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca is provided cable service by Time Warner Cable; and WHEREAS, the City recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues; and WHEREAS, the City of Ithaca is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other municipalities to form a Consortium to negotiate, on behalf of the City, a renewal franchise agreement with Time Warner Cable; and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal Law, that is necessary and appropriate to negotiating a renewal franchise agreement for its member municipalities; and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service; and WHEREAS, all members of the Consortium would individually reserve the right to approve, disapprove, or amend the franchise agreement so negotiated on their behalf; now therefore, be it RESOLVED, That the City of Ithaca does hereby express interest in exploring the possibility of forming a Consortium of municipalities to negotiate on its behalf for the renewal of its franchise agreement with Time Warner Cable; and it is further RESOLVED, That the City of Ithaca hereby reserves the right to refrain from joining the Consortium should the terms and conditions of joining the consortium prove to be unacceptable to Common Council. A vote on the resolution resulted as follows: Passed unanimously. 2. Request to Amend 2012 Authorized Budget for Allocation of Arbitration and Lawsuit Expenses City Administration Committee Meeting August 22, 2012 Page 8 Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, the City of Ithaca has been involved in several lawsuits and various arbitrations during the past year with the greatest expenses related to the Christopher Miller arbitration, and WHEREAS, the expenses to date for those various arbitrations and lawsuits have exhausted the budgets for these type of expenses in the Attorney's Office, Human Resources, and the City's Judgment and Claims Account, and WHEREAS, City staff anticipates additional funds in the amount of $49,500 are needed to cover various arbitration and litigation costs for the next few months, and WHEREAS, the City still has funds available in its unrestricted contingency account to cover these types of expenses; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized budget to cover current and future arbitration and lawsuit costs as follows: Increase Appropriation Accounts: A1420 -5435 Attorney's Office Contracts A1430 -5430 A1930 -5000 and be it further Human Resources Fees Judgments and Claims $28,000 $14,000 $7,500 $49,500 RESOLVED, That said budget amendment shall be covered from a transfer of an amount not to exceed $49,500 from Account A1990 Unrestricted Contingency. A vote on the resolution resulted as follows: Passed unanimously. 3. Ordinance to Protect Safety Nets Under Bridges Moved by Alderperson Brock. Seconded by Alderperson Kerslick. Proposed Addition to Ithaca City Code § 141 Bridges § 141 -1 Purpose. The purpose of this chapter is to protect the integrity of city bridges and the safety of those who use those bridges, and more particularly to ensure that no one interferes with the efficacy of the safety mesh under city bridges, to minimize expense in maintaining bridges and the safety mesh under the bridges, to minimize injury to people on, under or nearby bridges, minimize objects from being thrown and dropped from bridges, and to preserve and protect bridge structures. City Administration Committee Meeting August 22, 2012 Page 9 § 141 -2 Definitions. BRIDGE Any structure that spans any physical obstacle for the purpose of providing passage over the obstacle. BRIDGE STRUCTURE Any part of a Bridge, including the bridge deck, supporting structure, railings, fencing, guardrails, safety mesh, and any part attached thereto or intended to monitor or maintain a bridge, including video surveillance equipment. CITY BRIDGE Any Bridge Structure, including any Bridge Structure not owned by the City of Ithaca, within the boundaries of the City of Ithaca that is open to the public, including Bridge Structures intended for automobiles, rail traffic, pedestrians and bicycle traffic. RESTITUTION The cost to restore any damaged City Bridge to its condition prior to damage. Restitution shall include the costs to repair damages caused by prohibited acts contained in this chapter including but not limited to costs to retrieve objects, costs to repair safety mesh, costs to remove graffiti, costs of rescue, and administrative costs associated with any of the foregoing. SAFTEY MESH Any material placed on, near, or under a City Bridge that is intended to prevent injury from falling from a bridge or to protect from being hit by objects falling or thrown from a bridge. § 141 -3 Prohibited and required acts A. No person shall jump, step -off, or otherwise go over the side of a City Bridge, or cause another to do so. B. When walking on a City Bridge that has sidewalks, pedestrians shall walk only on those sidewalks. C. No person shall climb, step on, or walk on any fence, railing, guardrail, or other siding on a City Bridge. D. No person shall throw, drop, or permit or otherwise cause any object to go over the side of a City Bridge. E. No person shall climb on, jump on, or throw or drop or cause an object to be dropped on Safety Mesh that is attached to a City Bridge. F. No person shall cause, or act in a way that causes, damage to Safety Mesh. G. No person shall deface, draw on, paint, or mark any part of a City Bridge without proper authorization. § 141 -4 Penalties City Administration Committee Meeting August 22, 2012 Page 10 Any person who violates any provision of this chapter is guilty of an offense punishable by no less than a fine of $100 or 25 hours of community service and no more than $1,000 and 15 days in jail. Any penalty imposed may also include restitution as defined in this chapter. A vote on the resolution resulted as follows: Passed unanimously. 15. Human Resources (HR) Department Living Wage (Discussion) The Committee discussed livable wage, the criteria for certification as a living wage employer, that the City is not a living wage employer in regards to part-time and seasonal employees and keeping this topic in the forefront. 2. Director's Report. HR Director Michell -Nunn reported on the following: SMART Works: SMART Works is a process mapping system or methodology to look at how the City does certain things (e.g. the payroll process; hiring process, etc.) The City will contract with Tompkins - Cortland Community College to oversee the process mapping of the payroll system. Common Council Orientation: In response to questions about new Council Member orientation, HR Director Michell -Nunn and Alderperson Proulx confirmed that the Government Performance & Accountability (GPA) Committee is now overseeing Common Council Orientation. Alderperson Proulx agreed to report back after the next GPA meeting. 16. Finance /Controller Controller's Report. Controller Thayer reported on the following: Audit (2011): The Controller's Office is still working on the 2011 audit; which is due in October 2012. 2013 Budget: Departments' budgets have been submitted. The Controller and the Mayor are now meeting with department heads to discuss their submittals. Pension: The 2013 projection estimates for pension cost have not been received. For 2012, the City will pay about $5,244,000 in pension cost. The pension payment is due by February 1St. If paid by December 15th, the City will get a discount. Construction: There are a number of developments /construction projects happening in the City. These projects will bring an increase in building permit revenues and, eventually, the taxable base. City Administration Committee Meeting August 22, 2012 Page 11 Capital Projects: The Controller explained the process for capital projects and what happens when projects come in under budget or when funds remain. 17. Reports Sub - Committee Updates: None. 2. Novak Report: None. 3. Next Month's Meeting: September 26, 2012. 18. Adjournment With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 9:55 p.m.