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HomeMy WebLinkAboutMN-CA-2018-09-19CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. September 19, 2018 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: Youth Bureau Director – Klohmann Manager of Organizational Development – Moskowitz Chief of Staff – Cogan HR Director – Michell-Nunn Controller - Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: Chairperson Mohlenhoff stated that there would be no Executive Session and that the following resolution has been added to the agenda: Calling for the United States to “Pull Back from the Brink” and Prevent Nuclear War. 1.2 Review/Approval of Minutes: Alderperson Nguyen made a motion to approve the minutes from the August 15, 2018 meeting of the City Administration Committee. Seconded by Alderperson Kerslick. Motion carried unanimously. 1.3 Statements from the Public Wayles Browne of Ithaca thanked Alderperson Nguyen for bringing forward the resolution on getting rid of nuclear weapons. Mr. Browne stated that nuclear weapons are dangerous, which the Treaty recognizes. He asked the Committee to support this resolution and move it on to Common Council. Dennis Osika of Lansing talked about his life and being exposed to the threats of nuclear war. Mr. Osika encouraged the Committee to advocate and support this resolution by moving it on to Common Council. Frank Baldwin of the Town of Ithaca thanked the Committee for allowing them to speak about the Nuclear Weapons resolution. Mr. Baldwin stated that others have signed a resolution to abolish nuclear and asked that the City support this resolution. Fay Gougakis of Ithaca talked about how she was treated when she wanted City Hall staff to call the police. She is still waiting on an answer from the City Attorney. Ms. Gougakis stated that she did not like the response, and is due an apology, from the Chief of Staff. She expressed her concerns about the food cart that operates on the Commons until 2:00 a.m. 1.4 Statements from Employees. None. City Administration Committee Meeting September 19, 2018 Page 2 1.5 Council Response Alderperson McGonigal asked whether or not the Food Cart on the Commons could operate till 2:00 a.m. and was told that the business could if they had the appropriate permits. 2. Consent Agenda Items 2.1 DPW - Amendment to Personnel Roster Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, a Parking Lot Attendant in the Parking Division of the Department of Public Works has requested a temporary reduction in their workweek from forty (40) hours/week to thirty (30) hours/week, and WHEREAS, the Parking Division is willing and able to accommodate this request by increasing the hours of a seasonal employee; now, therefore, be it RESOLVED, That the workweek of one Parking Lot Attendant position in the Parking Division of the Department of Public Works be and hereby is reduced from forty (40) hours/week to thirty (30) hours/week from Monday October 8, 2018 through Friday March 8, 2019 pursuant to the employee’s request, and be it further RESOLVED, That $3,659 be transferred from account A5651-5115 to account A5651-120 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 (6) hours per day (thirty (30) hours per week), in accordance with the following period and shift schedule: Period Daily Shift October 8, 2018 – December 28, 2018 8:00 AM – 2:30 PM December 31, 2018 – March 8, 2019 2:00 PM – 8:30 PM A vote on the resolution resulted as follows: Passed unanimously. 2.2 Approval of the 2017-2018 Civil Service Agreement with the Ithaca City School District Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. Resolved, That the Mayor and the City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by the City for services in connection with Civil Service matters for the period of July 1, 2018 to June 30, 2019, in an amount payable of $60,112 payable to the City of Ithaca on or before December 1, 2018. City Administration Committee Meeting September 19, 2018 Page 3 A vote on the resolution resulted as follows: Passed unanimously. 3. Finance – Approval of 2017 Single Audit Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. RESOLVED, That the Independent Auditor’s Report for the period of January 1, 2017 through December 31, 2017, prepared by the accounting firm of Insero & Company CPA’s LLP, be accepted to comply with all of the City’s applicable Government Accounting Standards Board (GSB) Statement 34 and other related audit and single-audit requirements. A vote on the resolution resulted as follows: Passed unanimously. 4. City Administration, Human Resources, and Policy 4.1 Youth Bureau – Amendment to Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson Nguyen. WHEREAS, the Youth Bureau is requesting permission to amend the 2018 roster by funding the Youth Program Coordinator position (35 hours), and defunding the Youth Program Leader position (35 hours), and WHEREAS, the program merger approved by Common Council in May 2018 to combine the Paul Schreurs Memorial Program (PSMP) and the College Discovery Program (CDP) before the end of the year has been slowed down to allow a smooth transition, and WHEREAS, the current plan is to fund and fill the Program Coordinator position and to have both program coordinators (PSMP and CDP) work together to merge the programs over a period of time, and WHEREAS, these changes are made within the Youth Bureau’s approved 2018 budget and will not require additional funds from the City; now therefore, be it RESOLVED, That the Personnel Roster of the Youth Bureau be amended as follows: Fund: One (1) Youth Program Coordinator (35 hours) Defund: One (1) Youth Program Leader (35 hours) A vote on the resolution resulted as follows: Passed unanimously. 4.2 Sewer Line Easement on Taughannock Boulevard Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. ORDINANCE __ -2018 City Administration Committee Meeting September 19, 2018 Page 4 An Ordinance to Release and Terminate City’s Sewer Line Easement Along Taughannock Blvd WHEREAS, presently before Common Council is a proposal requesting that the City release its rights to certain sewer line easements encumbering the property located at 323 Taughannock Blvd, which are recorded by Deed dated March 12, 1896, and recorded in the Tompkins County Clerk’s Office on March 17, 1896, in Liber 145 of Deeds of Page 534 and by Right of Way Agreement for Sewer Purposes recorded in the Tompkins County Clerk’s Office on February 16, 1960, in Liber 425 of Deeds of Page 327 (hereinafter collectively, the “Easements”)” and WHEREAS, 323T, LLC, the property owner of 323 Taughannock Blvd, tax map parcel 58-3-1, has requested that the City release and terminate rights to such Easements; and WHEREAS, the sewer lines described in the Easements are no longer necessary and have been abandoned by the Cit y, and City staff is supportive of releasing the easement; and WHEREAS, in consideration for the City’s release of the Easements of limited value to the City, 323T, LLC has offered $2,500; and WHEREAS, on September 18, 2018, the Board of Public Works declared the Easements surplus property for municipal purposes and recommended Council’s authorization of the release; and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize divestment of real property, and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The above-described Easements are surplus for municipal purposes. B. The Easements are for sewer lines that are no longer used or needed by the City. C. The consideration offered by 323T, LLC is adequate to release the City’s interests in the Easements. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to effect these transactions. Section 3. Effective Date. This ordinance shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 4.3 DPW - 2019 Sidewalk Improvement District Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. City Administration Committee Meeting September 19, 2018 Page 5 Local Law No. ____-2018 A local law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2019” WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2019, subject to review, amendment, and confirmation by the Common Council, and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2019, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. City Administration Committee Meeting September 19, 2018 Page 6 Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law 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 Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 5. Finance, Budget and Appropriations 5.1 Common Council – A Local Law to Override The Tax Levy Limit Established in General Municipal Law Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. Local Law No. _____ - 2018 BE IT ENACTED by Common Council of the City of Ithaca as follows: Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2019, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal law §3-c. Section 2. Authority City Administration Committee Meeting September 19, 2018 Page 7 This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2019, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this local law or application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 5.2 A Resolution Calling for the United States to “Pull Back from the Brink” and Prevent Nuclear War Moved by Alderperson Nguyen. Seconded by Alderperson Gearhart. WHEREAS, since the height of the Cold War, the United States and Russia have dismantled more than 50,000 nuclear warheads, but 15,000 of these weapons still exist and pose an intolerable risk to human survival; and WHEREAS, 95 percent of these weapons are in the hands of the United States and Russia and the rest are held by seven other countries: China, France, Israel, India, North Korea, Pakistan, and the United Kingdom1; and WHEREAS, the use of even a tiny fraction of these weapons would cause worldwide climate disruption and global famine; to wit, as few as 100 Hiroshima sized bombs, small by modern standards, would put at least 5 million tons of soot into the upper atmosphere and cause climate disruption across the planet, cutting food production and putting 2 billion people at risk of starvation2; and 1 https://fas.org/issues/nuclear-weapons/status-world-nuclear-forces/ 2 http://www.psr.org/assets/pdfs/two-billion-at-risk.pdf City Administration Committee Meeting September 19, 2018 Page 8 WHEREAS, a large-scale nuclear war would kill hundreds of millions of people directly and cause unimaginable environmental damage3 and catastrophic climate disruption dropping temperatures across the planet to levels not seen since the last ice age; and WHEREAS, despite assurances that these arsenals exist solely to guarantee that they are never used, there have been many occasions when nuclear armed states have prepared to use these weapons, and war has been averted only at the last minute4; and WHEREAS, former Defense Secretary Robert McNamara said, speaking about the Cuban Missile Crisis, “It was luck that prevented nuclear war,” yet our nuclear policy cannot be the hope that luck will continue; and WHEREAS, the effects of climate change are placing increased stress on communities around the world and will intensify the likelihood of conflict and thus the danger of nuclear war5; and WHEREAS, the planned expenditure of more than $1 trillion to enhance our nuclear arsenal will not only increase the risk of nuclear disaster but fuel a global arms race and divert crucial resources needed to assure the well-being of the American people and people all over the world6; and WHEREAS, there is an alternative to this march to nuclear war: in July 2017, 122 nations called for the elimination of all nuclear weapons by adopting the Treaty on the Prohibition of Nuclear Weapons 7; now, therefore be it RESOLVED, That the Common Council of Ithaca, New York calls upon our federal leaders and our nation to embrace the Treaty on the Prohibition of Nuclear Weapons and make nuclear disarmament the centerpiece of our national security policy; and, be it further RESOLVED, That the Common Council of Ithaca, New York calls upon our federal leaders and our nation to spearhead a global effort to prevent nuclear war by:  renouncing the option of using nuclear weapons first (first-strike capacity);  ending the president’s sole, unchecked authority to launch a nuclear attack without approval by congress;  taking US nuclear weapons off hair-trigger alert;  cancelling the 1.7 trillion dollar plan to replace its entire arsenal with enhanced weapons; and  actively pursuing a verifiable agreement among nuclear armed states to eliminate their nuclear arsenals, as established in the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) ; and, be it further 3 http://www.psr.org/assets/pdfs/projected-us-casualties-and-destruction.pdf 4 http://www.ucsusa.org/sites/default/files/attach/2015/04/Close%20Calls%20with%20Nuclear%20Weapons.pdf 5 https://www.scientificamerican.com/article/once-again-climate-change-cited-as-trigger-for-war/ 6 https://www.armscontrol.org/factsheets/USNuclearModernization 7 http://www.icanw.org/the-treaty/ City Administration Committee Meeting September 19, 2018 Page 9 RESOLVED, That the City Clerk shall cause a copy of this resolution to be sent to U.S. Congressman Tom Reed, U.S. Senator Kirsten Gillibrand, U.S. Senator Charles Schumer, and President Donald J. Trump. A vote on the resolution resulted as follows: Passed unanimously. 6. Discussion Item 6.1 Child Care at City Meetings Chief of Staff Cogan stated that during the selection of the Commissioners, questions were asked about the City providing childcare during City meetings. Providing childcare would allow the public to attend the meetings and express their voice as well as the Commissioners to be at the meetings. There are municipalities that provide childcare to individuals attending its meetings. This is a way to get people involved and to the meetings. How are they doing? Should the City provide childcare? What would it take to make this happen? Would there be any insurance ramifications? This service would be provided for individuals and the Commissioners attending City meetings. Controller Thayer, Chief of Staff Cogan and HR Director Michell-Nunn will meet monthly to talk about this item. 7. Budget Process The budget meetings will start in October. The dates and times have been set and confirmed. Chief of Staff Cogan will resend the list that has the dates and times that each department has been scheduled. On October 17, 2018, there will be the City Administration Committee meeting at 5:30 p.m. and the Budget meeting afterwards. 8. Executive Session This item was removed from the agenda. 9. Meeting Wrap-up 9.1 Announcements. None. 9.2 Next Meeting Date: October 17, 2018. 9.3 Review, Agenda Items for Next Meeting. None. 9.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 7:31 p.m.