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HomeMy WebLinkAboutMN-CA-2016-01-20CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 20, 2016 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Fleming, Gearhart, McGonigal, Smith OTHERS PRESENT: Police Chief – Barber City Attorney – Lavine Asst Superintendent – Benjamin Youth Bureau Director – Vance Superintendent of Public Works – Thorne HR Director – Michell-Nunn Controller - Thayer Deputy Controller – Andrew IURA Director – Bohn 1. Call to Order 1.1 Agenda Review: Chairperson Mohlenhoff welcomed Alderperson Gearhart to the Committee. 1.2 Review/Approval of Minutes: Alderperson Smith made a motion to approve the minutes from the December 16, 2015 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public Daniel Slattery is a resident of Ithaca and a retired City of Ithaca Police Officer. He spoke in support of the “Officer Next Door” program. Mr. Slattery stated that he has received positive feedback from some of the residents of the apartment complex participating in this program and that this program would allow Police Officers to have a good repertoire with the kids. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson Fleming mentioned that she and Alderperson Gearhart have received e-mails about the makeup of the Committees of Common Council and noted that they both are willing to serve where needed best. 2. City Administration, Human Resources, and Policy 2.1 YB - Amend the 2016 Personnel Roster for the Youth Bureau Moved by Alderperson McGonigal. Seconded by Alderperson Smith. City Administration Committee Meeting January 20, 2016 Page 2 WHEREAS, the Ithaca Youth Bureau has proposed to add one full time (35 hour) Program Coordinator for Individuals with Disabilities and decrease the currently vacant Recreation Specialist for Individuals with Disabilities position from 40 hours to 35 hours, and WHEREAS, these changes will allow RSS (Recreation Support Services) to form a youth program team and an adult program team, and WHEREAS, this new staff structure will better meet the needs of participants, fulfill contractual obligations and utilize staff expertise more efficiently, and WHEREAS, no additional funds are being requested and these changes will be completed within the approved 2016 budget, and WHEREAS, the Youth Bureau has worked with the Human Resources Department to develop the staffing transition plan now, therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau shall be amended as follows: Add: One (1) Program Coordinator for Individuals with Disabilities – 35 hours Decrease: One (1) Recreation Specialist for Individuals with Disabilities from 40 hours to 35 hours and be it further RESOLVED, That said roster amendment will be made within existing funds of the 2016 authorized Youth Bureau Budget. A vote on the resolution resulted as follows: Passed unanimously. 2.2 DPW – Reallocation of Position – Fleet Manager Moved by Alderperson Fleming. Seconded by Alderperson Smith. WHEREAS, the Department of Public Works assigned increased responsibilities for the implementation and advancement of the City’s Green Fleet Policy, NYSDEC certification requirements for DPW’s fuel site operation, and the management of the City vehicle fleet to the position of Motor Equipment Maintenance Supervisor, and WHEREAS, after assuming and performing these responsibilities for the past few years, the Motor Equipment Maintenance Supervisor requested a formal review of his position pursuant to the terms of the City Executive Association contract, and WHEREAS, the review determined that the responsibilities cited are being performed, and that the logical and most cost-effective means of accomplishing these tasks and meeting the DEC certification requirements is by assigning them to the Motor Equipment Maintenance Supervisor position, and City Administration Committee Meeting January 20, 2016 Page 3 WHEREAS, the Civil Service Commission incorporated these tasks and responsibilities into the Motor Equipment Maintenance Supervisor job description, and simultaneously retitled the position as Fleet Manager to more comprehensively reflect the work being performed, and WHEREAS, the Human Resources Department conducted a point factor analysis of the position as it is currently being performed and determined that the current grade allocation of the Fleet Manager position is incorrect; now, therefore, be it RESOLVED, That the position formerly known as Motor Equipment Maintenance Supervisor and now titled as Fleet Manager be reallocated from Grade C to Grade A of the City Executive Association Compensation Plan, 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 the title of Fleet Manager shall be established at eight (8) hours per day (forty (40) hours per week), and be it further RESOLVED, That the funding for this change shall be derived from existing funds within the Department of Public Works budget. A vote on the resolution resulted as follows: Passed unanimously. 2.3 Creation of “Officer Next Door” Program Moved by Alderperson Smith. Seconded by Alderperson McGonigal. ORDINANCE __-2016 An Ordinance Creating Chapter 95, Article I of the City of Ithaca Municipal Code WHEREAS, the Common Council, the Mayor, and the Police Chief, have explored and do support the creation of an “Officer Next Door” program (the “Program”) in one area of the city, namely that area known as West Village, and; WHEREAS, in the future, the City may identify additional areas of the city experiencing higher crime rates in which such a program could also be useful; now, therefore BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Findings of Fact. The Common Council finds that: 1. The Program presents strong potential to benefit public safety in the City, both in the specified Program Zones and beyond, and both on private and public property. 2. The Chief of Police and the Mayor have identified and expressed their support for the foregoing expectation of public benefit. City Administration Committee Meeting January 20, 2016 Page 4 3. Section 55-5 of the City Code prohibits City officials and employees from accepting or receiving any gift having a value of $75 or more, under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her in the performance of his or her official duties or was intended as a reward for any official action on his or her part. 4. Officers receiving housing under this program will be rendering a public service, as solicited and administered by the Ithaca Police Department; and thus will not be receiving a gift in violation of Section 55-5 of the City Code. 5. The City Attorney has opined in accord with the foregoing. 6. While not directly relevant in the City of Ithaca, the New York City Conflicts of Interest Board has opined in Advisory Opinion 97-02 that officers of the New York City Police Department may participate in a Resident Police Program similar to the Officer Next Door Program created by this ordinance without violating the conflicts of interest limitations placed on those officers by the New York City Charter. Section 2. Creation of Chapter 95, Article I. Article I of Chapter 95 is created as follows: Officer Next Door Program (1) Purpose and Intent: The purpose and intent of this Article is to increase community policing and reduce crime by encouraging and enabling officers of the Ithaca Police Department to reside in specified Program Zones. (2) Program Zones: The Program shall only operate in those Officer Next Door Program Zones (“Program Zones”) identified in the following list, as amended by the Common Council from time to time: that area containing tax parcels adjoining West Village Place, Abbott Lane, or Chestnut Street (including those areas commonly known as “West Village” and “Chestnut Hill Apartments”). (3) Administration: The Program will evaluate and, at the discretion of the Chief of Police, accept for Program participation one or more housing units made available, on a solely voluntary basis, by property owners or lessees within a Program Zone, said housing units to be offered for Program participation at a discount of not less than 50% off of the market rate applicable to each unit made available. All City officials and City employees are expressly forbidden from soliciting property owners or others to volunteer housing units in connection with this Program. (4) Selection: Upon availability to the Program of one or more housing units, or upon subsequent vacancy of such units, the Chief of Police shall make available within the Department an application for participation in the Program. Upon application by interested officers, participants in the Program shall be selected by the Chief of Police based upon factors including, but not limited to, relevant experience and community policing ability. City Administration Committee Meeting January 20, 2016 Page 5 (5) Requirements: Minimum requirements for officer participation in the Program shall include: a. A commitment by the officer to maintain full-time residence in the Program Zone for a minimum period of one year. b. Certification that the officer has not resided in the Program Zone during the twelve (12) months preceding the date of their application for Program participation, excepting residence that commenced anytime between September 1, 2015 and December 31, 2015 and that either did not extend beyond May 1, 2016 or did so extend in the form of approved participation in the Program. c. Execution by the officer of a waiver and release, as approved by the City Attorney, releasing the City and the Department from any and all liability and cost, statutory, regulatory, judicial, or otherwise arising from the Officer’s participation in the program, residence in the housing unit, and any associated or related activities, incidents, injuries, or damages arising at any time that the officer is not entitled to hourly compensation from the Department for services rendered in the course of employment. (6) Lease Agreement: Once notified of the Chief of Police’s approval of an officer’s application for participation in the Program, the selected officer may arrange and execute, at exactly the rate of discount previously offered to the Program for that particular housing unit, a lease that, if executed, shall be solely between the officer and the landlord. The City shall not be a party to said lease and shall not be financially responsible or liable in connection with the lease for any costs, damages, fees, or other payments due by either party to the lease to anyone at all. (7) Gifts: Participation in the Program, if in full compliance with this Article, shall not constitute a violation of Section 55-5 of the City Code. Section 3. 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 4. Effective Date. This ordinance shall take effect immediately upon publication as provided for in the City Charter. A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 IURA - Housing Fund, Funding Round #10 – Authorize Disbursement of $165,000 Pursuant to an Executed MOU Moved by Alderperson Fleming. Seconded by Alderperson Gearhart. WHEREAS, pursuant to an executed MOU, the Program Oversight Committee for the Community Housing Development Fund (CHDF) recommends that the City of Ithaca approve round #10 funding assistance for the following affordable housing projects: City Administration Committee Meeting January 20, 2016 Page 6 Amount: $80,000 Applicant: Habitat for Humanity of Tompkins and Cortland Counties Project Name: Breaking Ground: Habitat for Humanity’s inaugural Ithaca Builds! Project Summary: Construction of 2 new ownership units at 101-107 Morris Avenue, Ithaca, NY Amount: $85,000 Applicant: Ithaca Neighborhood Housing Services, Inc. (INHS) Project Name: Scattered Site New Construction 2015 - INHS Project Summary: Construction of 8 new for-sale housing units at two sites: 7 units at 210 Hancock St., Ithaca, NY, and one unit at 304 Hector Street, Ithaca, NY, and WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 18, 2015, to review recommendations from the Application Review Committee of round #10 funding applications for new affordable housing projects, and WHEREAS, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne, former Alderperson Chris Proulx, and Doug Dylla, former member of the Ithaca Urban Renewal Agency (IURA), and WHEREAS, the CHDF was established in 2009, and renewed in 2015, by Memorandum of Agreement (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County, and WHEREAS, on an annual basis Cornell University contributes $200,000 to the CHDF and the City of Ithaca and Tompkins County each contribute $100,000 annually, and WHEREAS, the Common Council determined that City contributions to the CHDF should be used to assist projects located within the City of Ithaca, and WHEREAS, City funds committed to the Housing Fund for the above listed projects will are derived from Gateway Loan proceeds that originated from sale of City-owned land for the Eddygate project at 110 Dryden Road, and are held by the IURA, and WHEREAS, the POC recommends round #10 funding of $500,000 for the following three affordable housing projects: Community Housing Development Fund Round #10 Recommended Funding Awards Applicant Project # Afford. Units Location Funding ($1,000s) Cornell County City Total Habitat for Humanity Breaking Ground 2 owner- occupied (C)Ithaca -101-107 Morris Ave. 00 80 80 INHS Scattered Site 8 owner-(C)Ithaca 2350 85 320 City Administration Committee Meeting January 20, 2016 Page 7 New Construction 2015 occupied -210 Hancock St -304 Hector St. INHS 210 Hancock Redevelopment 6 add’l rental (C)Ithaca -210 Hancock St. 0100 0 100 Totals 235100 165 500 and, WHEREAS, on May 26, 2015 the City of Ithaca Planning & Development Board, acting as Lead Agency, issued a negative declaration that the 210 Hancock Redevelopment project, including owner- occupied units, will result in no significant impact on the environment, and WHEREAS, construction of single-family and two family residences is a type II action under SEQR/CEQRO, therefore no environmental review is required for the proposed projects at 101-107 Morris Avenue or 304 Hector Street; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $80,000 to Habitat for Humanity of Tompkins and Cortland Counties, and an additional expenditure of up to $85,000 to Ithaca Neighborhood Housing Services, Inc., from the City’s contribution to the Community Housing Development Fund to implement the above listed affordable housing projects, and be if further RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Controller – 2014 Audit Report – Update Controller Thayer reported that no action can be taken with the 2014 Audit, which was due on November 1, 2015, because it is not completed. Mr. Thayer stated that the audit would be completed in time for the Common Council meeting in February. 4. Performance Measures. (Nothing Submitted) 5. Common Council: Chairperson Mohlenhoff gave an update on the following items: City Administration Committee Meeting January 20, 2016 Page 8  Boards/Committee Structure: The Mayor mentioned in his State of the City Address about the restructuring of the City Boards/Committees. The Mayor, the City Attorney and Alderperson Mohlenhoff will meet and discuss how to proceed on this matter.  Budget Process: Conversations about the budget process need to start now. Chairperson Mohlenhoff stated that she will work with the Controller’s Office to e-mail Common Council possible dates for the October budget meetings. Last year, Common Council met with different departments (e.g. Fire, DPW, Police) to get an update on what each department was doing. It was suggested that these meetings be revitalized. These meetings would be held on the additional Wednesday of each month. This year topics could include updates on parking, parking equipment, personnel, revenues, fees, etc. Chairperson Mohlenhoff encouraged Council to contact her with other areas or names of departments that they are interested in hearing and/or learning more about. 6. Meeting Wrap-up 6.1 Announcements. None.  Chief of Staff Search: The deadline to submit applications for the Chief of Staff has passed. The Search Committee will be meeting on Friday to identify candidates to interview. The Committee hopes to name the Chief of Staff by March. 6.2 Next Meeting Date: February 17, 2016. 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson McGonigal, the meeting was adjourned at 6:55 p.m.