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HomeMy WebLinkAboutMN-CA-2018-11-19CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. November 19, 2018 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen OTHERS PRESENT: Deputy Director of Planning – Nicholas Assistant Superintendent – Whitney City Attorney – Lavine Police Chief – Tyler Manager of Organizational Development – Moskowitz Director of Engineering Services – Logue Chief of Staff – Cogan 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 Kerslick made a motion to approve the minutes from the October 17, 2018 meeting of the City Administration Committee. Seconded by Alderperson Gearhart. Motion carried unanimously. 1.3 Statements from the Public. None. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items 2.1 DPW – Parking Division – Amendment to Personnel Roster Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. WHEREAS, under the previous Director of Parking, two Parking Lot Attendant positions were converted to Buildings and Grounds Maintenance Worker positions and moved to the Commons Crew to serve as a weekend and evenings Commons Crew shift from 1:00 PM to 9:30 PM, and WHEREAS, this crew was assigned routine cleaning and maintenance tasks on the Commons that included emptying trash receptacles, handling of tables and chairs, cleaning out drainage facilities, picking up trash, and other miscellaneous tasks, and City Administration Committee Meeting November 19, 2018 Page 2 WHEREAS, many of the duties assigned to the weekend and evening Commons Crew overlap with DIA Ambassador shifts and duties and are therefore redundant, and WHEREAS, the funding for these positions would be more effectively utilized by strengthening the daytime Commons Crew so that needed infrastructure repairs can be accomplished, and by expanding the customer service capabilities of the parking garage staff, and WHEREAS, DIA has agreed to assume routine trash pickup and cleaning duties during evenings and weekends as a part of the existing Memorandum of Understanding between the City of Ithaca and DIA, at no extra cost; now, therefore, be it RESOLVED, That the Personnel Roster of the Parking Division of the Department of Public Works be amended as follows: Re-fund: One (1) Working Supervisor – Parking, Building and Grounds Add: One (1) Parking Lot Attendant Delete: Two (2) Building and Grounds Maintenance Workers and be it further RESOLVED, That the above changes shall be funded within the existing budget. A vote on the resolution resulted as follows: Passed unanimously. 2.2 Finance – Authorization to Cover Red Accounts Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. RESOLVED, That the City Controller be empowered to make transfers within the 2018 Budget appropriations, as needed, for the remainder of the 2018 Fiscal Year. A vote on the resolution resulted as follows: Passed unanimously. 2.3 Finance/City Controller Request to Amend 2018 Budget to Account for Various Unanticipated Revenue and Related Expenses Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. WHEREAS, during 2018, City of Ithaca departments have received revenue from various unanticipated sources including reimbursements, insurance recoveries and donations that need to be accounted for in the 2018 budget, and WHEREAS, the reimbursement totals of $12,877 as follows: Reimbursements $7,801 Insurance Recovery $4,101 City Administration Committee Meeting November 19, 2018 Page 3 Donations $975 ; now, therefore, be it RESOLVED, That Common Council hereby amends the 2018 authorized budget as follows to account for said receipts and related expenditures of funds: Increase Revenue Accounts: A3120-2655 Police Minor Sales $800 A3120-2680 Police – Insurance Recovery $1,768 A3410-2260 Fire – Public Safety Services $3,151 A3410-2705 Fire – Insurance Recovery $2,333 A7111-1710 Forestry – Public Work Services $3,850 A7111-2680 Forestry – Insurance Recovery $975 $12,877 Increase Appropriations Accounts: A3120-5476-5001 Police – Equipment Maintenance $647 A3120-5477-5001 Police – Equipment Parts $1,921 A3410-5110-12200 Fire – Staff Salaries $3,151 A3410-5476-12250 Fire – Equipment Parts $2,333 A7111-5125 Forestry OT $750 A7111-5483 Forestry Construction Supplies $375 A7111-5485 Forestry Trees $3,700 $12,877 A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 PB&D - Establishment of Capital Project for Cascadilla Creek Dredging and Installation of a Sediment Trap Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca is pursuing a project to mechanically dredge Cascadilla Creek between the confluence with Cayuga Inlet and the pedestrian bridge adjacent to New York State Route 13 (N. Meadow Street) and to install a sediment trap within the channelized segment of the creek that can be accessed by City forces on a permitted basis to remove captured sediments, and WHEREAS, the Project is funded by a $2,000,000 allocation from the New York State Capital Assistance Program (NYSCAP) through the sponsorship of State Assemblywoman Barbara Lifton, and WHEREAS, this a 100% reimbursable program with no local match; now, therefore, be it City Administration Committee Meeting November 19, 2018 Page 4 RESOLVED, That the City Administration Committee does hereby authorize the creation of Capital Project #853 for Cascadilla Creek Dredging and Installation of a Sediment Trap in the amount not to exceed $2,000,000, and be it further RESOLVED, That funds for said Capital Project shall be derived from the issuance of Serial Bonds with a later 100% reimbursement from the New York State Capital Assistance Program Aid. A vote on the resolution resulted as follows: Passed unanimously. 3.2 PB&D - Authorization of Funds for Outside Legal Services for the Environmental Review of Cornell’s North Campus Residential Expansion (NCRE) Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, the Planning Division is requesting funds not to exceed $20,000 to retain Adam Walters of Phillips Lytle LLP, to provide legal counsel to the Planning and Development Board pertaining to the environmental review of Cornell’s NCRE Project, and WHEREAS, Cornell submitted a site plan review application for NCRE to the City of Ithaca Planning and Development Board in July of 2018. The project spans three municipalities and consists of two residential complexes with 2,000 beds, a 1,200-seat dining facility, and associated program space, and WHEREAS, the Planning Board is acting as Lead Agency in the environmental review of the project, and WHEREAS, the potential environmental issues of the project are particularly complex and have generated an unusually large amount of public interest. To produce the most defensible environmental record possible, the Board and staff require legal advice from a practitioner who specializes in environmental and land use law, and WHEREAS, the Planning, Building, Zoning and Economic Development Department’s current contract line does not have sufficient funds to cover this expense, and WHEREAS, the requested funding is offset by the $192,000 site plan review fee received in 2018 for the $128,000,000 project; now, therefore, be it RESOLVED, That the City Administration Committee does hereby authorize the requested funds, not to exceed $20,000, to provide legal counsel to the Planning and Development Board pertaining to the environmental review of Cornell’s NCRE Project, and be it further RESOLVED, That Common Council hereby amends the 2018 Authorized Planning, Building, Zoning and Economic Development budget for said outside legal counsel as follows: Increase Revenue A8020-2111 Site Development $20,000 City Administration Committee Meeting November 19, 2018 Page 5 Increase Appropriation Account: A8020-5435 Contracts $20,000 A vote on the resolution resulted as follows: Passed unanimously. 3.3 DPW – Request to Establish Capital Project for Stewart Park Playground Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, the City of Ithaca and the Friends of Stewart Park have entered into a Memorandum of Understanding (MOU), dated June 14, 2017, which specifically addresses a Playground Grant Project (the “Project”), and WHEREAS, the City has processed the required paperwork and has received a Grant Disbursement Agreement from the Dormitory Authority of the State of New York in the amount of $1 million as part of a reimbursement program called State and Municipal (SAM) Facilities, for the Project, and WHEREAS, the City of Ithaca Planning & Development Board has approved a Project site plan and, on February 27, 2018, declared that the project will have no significant negative environmental impact, in accordance with the State Environmental Quality Review Act and the related City ordinance, and WHEREAS, the abovementioned MOU notes that in the event that the required construction estimate exceeds $1,000,000, the Friends of Stewart Park agree to donate the additional funds necessary to construction the Project, and WHEREAS, Common Council is desirous of progressing this Project; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #854 Stewart Park Playground, in the amount not to exceed $1,000,000 for the purposes of constructing the Project, and be it further RESOLVED, That funding for said Capital Project shall be derived from the issuance of Serial Bonds with the understanding that all eligible expenses up to $1,000,000 will be reimbursed by the DASNY SAM program, and be it further RESOLVED, That the Mayor of the City of Ithaca is hereby authorized to enter into any and all agreement(s) with the State of New York and/or DASNY related to this project, upon review by the City Attorney, and be it further RESOLVED, That the City Controller is hereby authorized and directed to accept any and all donations from the Friends of Stewart Park or others for this Project and to use these funds to increase the authorization for the Capital Project, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the $1,000,000 authorized for this portion of the Project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller. City Administration Committee Meeting November 19, 2018 Page 6 A vote on the resolution resulted as follows: Passed unanimously. 3.4 An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City School District Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. ORDINANCE __ -2018 An Ordinance to Transfer Title of a Portion of Linn Street to the Ithaca City School District WHEREAS, in 2017, the City of Ithaca identified Elm St. and Chestnut St. intersection for certain pedestrian and vehicular traffic safety improvements, and in 2019, the City plans to construct sidewalk on South Aurora Street bordering South Hill Elementary School to provide improved and safer pedestrian access on South Aurora Street; and WHEREAS, in order to accomplish these safety enhancements, the City is interested in acquiring certain portions of Ithaca City School District land, namely fee title to a small 3,385 square foot parcel of land adjacent to Lehman Alternative Community School to support the intersection improvements depicted in the drawing attached and incorporated here as Exhibit A, and a permanent easement of 3,070 square feet along South Aurora Street as depicted in the drawing attached and incorporated here as Exhibit B (hereafter, referred to as Parcels A and B, respectively); and WHEREAS, Ithaca City School District (the “District”) requires that divestment of school district land be for fair market value; and WHEREAS, the City has proposed an exchange of the parcels depicted in Exhibits A and B, as described above for a deeded transfer of a section of Linn Street comprising an area of approximately 8,717 square feet located behind Fall Creek Elementary, currently used by the school (shown in the drawing attached and incorporated here as Exhibit C, and hereafter referred to as the “Linn Street Parcel”); and WHEREAS, in 1965, the City discontinued the relevant portion of Linn Street comprising the Linn Street Parcel and authorized the District’s use of the same, but never transferred title to the District as was intended; and WHEREAS, the District remains interested in acquiring title to the Linn Street Parcel in exchange for transferring title to the City for Parcel A and providing a permanent easement over Parcel B; and WHEREAS, on November 20, 2018, the City’s Board of Public Works declared the property depicted in Exhibit C 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 City Administration Committee Meeting November 19, 2018 Page 7 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 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 Linn Street Parcel is surplus for municipal purposes. B. The Linn Street Parcel has been in continuous use by the District, presumably since 1965, and may be transferred to the District maintaining an easement for the City for the water main running below Linn Street. C. The exchange offered by the District for fee title to Parcel A and a permanent easement over Parcel B is adequate consideration to release the City’s interests in the Linn Street Parcel. 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. 3.5 Police Department – Request to Amend 2018 Authorized Budget for NYS Homeland Security Grant Moved by Alderperson Kerslick. Seconded by Alderperson McGonigal. WHEREAS, the Ithaca Police Department (IPD) recently received a US Department of Homeland Security State Homeland Grant administrated by New York State for $100,000, and WHEREAS, the grant will be used to develop and enhance tactical team response capabilities through equipment, training and exercise, with funding through August 31, 2020, and WHEREAS, equipment and resources purchased through this grant will include: Tactical Robot, helmet mounted night vision devices, tactical ballistic shield, spotting scopes and binoculars, handheld FLIR unit, and backfill of overtime of training; now, therefore, be it RESOLVED, That Common Council hereby amends the 2018 authorized Police Department Budget to account for the $100,000 New York State Homeland Security and Emergency Services Grant as follows: Increase Revenue Account: A3120-4320 Police Federal Aid $100,000 Increase Appropriation Accounts: A3120-5125-5001 Police Overtime $ 18,500 A3120-5225-5022 Police Equipment $ 81,500 City Administration Committee Meeting November 19, 2018 Page 8 $100,000 A vote on the resolution resulted as follows: Passed unanimously. 3.6 Capital Project Construction Phase for Grit Removal Project, Concrete Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility Moved by Alderperson McGonigal. Seconded by Alderperson Kerslick. WHEREAS, the Ithaca Area Wastewater Treatment Plant (IAWWTP) is in need of certain Capital Improvements, and WHEREAS, DPW staff, in association with the Plant’s consulting engineers, GHD, have completed the final drawing, specifications, and Contract bid Documents in accordance with GHD’s letter and Scope of Services Schedule A dated October 9, 2017 Revised Scope of Services and Engineering Fee Grit Removal and Concrete Restoration Project, and WHEREAS, Capital Project CP #422J has been previously established in the amount of $434,175 for design of Various Improvements to the IAWWTP, and WHEREAS, a project cost estimate has been prepared by GHD which includes the following: Contract 1 - General Sitework, chemical unloading, vac-truck pad $320,000 Concrete Repairs $150,000 Influent Building Improvements $160,000 Grit System $2,160,000 Stair Tower Replacement $160,000 Mis (Weirs, scum collectors, gas piping, doors, etc.) $1,470,000 Subtotal Contract 1 $4,420,000 Contract 2 – Electrical Electrical $350,000 Emergency Generator Replacement $800,000 Instrumentation & Controls $110,000 Subtotal Contract 2 $1,260,000 Contract 3 – HVAC HVAC $310,000 Subtotal Contract 3 $310,000 Project Total Cost $7,190,000 WHEREAS, the Special Joint Committee (SJC) recommended the approval of said project at its regular meeting of September 19, 2018 be authorized and funded in an amount not to exceed $7,190,000 for the costs required to construct the Grit Removal and Concrete Restoration project in its entirety; now, therefore, be it City Administration Committee Meeting November 19, 2018 Page 9 RESOLVED, That Common Council hereby amends Capital Project #422J Various Improvements to the IAWWTP by an amount not to exceed $7,190,000 for a total project allocation of $7,624,175, to fund the above stated improvements, and be it further RESOLVED, That Common Council hereby authorizes this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $4,108,366 Town of Ithaca 40.88 $2,939,272 Town of Dryden 1.98 $142,362 $7,190,000 A vote on the resolution resulted as follows: Passed unanimously. 4. City Administration, Human Resources, and Policy 4.1 Local Law Entitled “Repeal of City Charter C-94 and Distribution of the Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund” Moved by Alderperson Gearhart. Seconded by Alderperson Nguyen. Local Law No. __-2018 A local law entitled “Repeal of City Charter § C-94 and Distribution of the Balances of the Veteran Volunteer Firemen’s Relief Fund and the Active Firemen’s Relief Fund.” WHEREAS, City Charter § C-94 establishes certain “powers and duties of the Common Council relevant to the Fire Department” that provide Common Council authority over taxes collected from insurance companies for the benefit of the City’s fire companies under New York Insurance Law (“two percent moneys”) and for the administration of two Relief Funds; and WHEREAS, earlier this year, the City Administration Committee requested that staff develop proposed amendments to the little-used Relief Funds established in § C-94; and WHEREAS, a group of City representatives met with the Veteran Volunteer Firemen's Association of Ithaca, after which that organization requested the distribution to that organization of the funds currently held by the City in the Veteran Volunteer Firemen’s Relief Fund; and WHEREAS, the Fire Chief recommends the transition represented by this Local Law because both existing Relief Funds as provided in the Charter are rarely used, and such utility as served by those Funds in decades past has largely been supplanted by modernized coverage for firefighter injuries, both professional and volunteer; and City Administration Committee Meeting November 19, 2018 Page 10 WHEREAS, State law provides a standard legal framework pursuant to which two percent moneys are to be distributed to firefighters within localities across the state; and WHEREAS, Ithaca’s City charter has long diverted two percent moneys from the standard framework in order to fund the Relief Funds and make the Charter-specified distributions therefrom; and WHEREAS, the Common Council wishes to repeal City Charter § C-94, divest itself of the powers and duties contained therein, and transfer the balance remaining in the funds established under § C-94 as set forth below; now, therefore, BE IT 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. Under New York Insurance Law §§ 9104 and 9105, the City receives funds from foreign and alien insurers and distributes such funds pursuant to the provisions of New York Insurance Law and City Charter § C-94. 2. City Charter § C-94(A) establishes the Active Firemen’s Relief Fund and distributes a portion of the above-described moneys collected under New York Insurance Law to such fund. 3. City Charter § C-94(B) establishes the Veteran Volunteer Firemen’s Relief Fund, which the City administers and holds in trust for the benefit of the Veteran Volunteer Firemen's Association of Ithaca. 4. The Common Council finds it beneficial to eliminate City Charter § C-94 and, in the future, to distribute funds collected under New York Insurance Law §§ 9104 and 9105 to the fire companies of the City of Ithaca pursuant to the provisions of the New York Insurance Law. 5. The Common Council finds it further beneficial to transfer the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen's Association of Ithaca and to distribute the balance of the Active Firemen’s Relief Fund pursuant to the provisions of the New York Insurance Law. Based upon the above findings, the intent and purpose of this Local Law is to transfer the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of Ithaca, amend the City Charter to repeal § C-94, and distribute the balance of the Active Firemen’s Relief Fund pursuant to New York Insurance Law §§ 9104 and 9105. Section 2. Transfer of the balance of the Veteran Volunteer Firemen’s Relief Fund to the Veteran Volunteer Firemen’s Association of Ithaca. The entire balance of the Veteran Volunteer Firemen’s Relief Fund shall be transferred to the Veteran Volunteer Firemen's Association of Ithaca. Section 3. Repeal of City Charter § C-94. City Administration Committee Meeting November 19, 2018 Page 11 City Charter § C-94, “Powers and duties of the Common Council relevant to the Fire Department,” is hereby repealed in its entirety. Section 4. Distribution of the balance of the Active Firemen’s Relief Fund pursuant to the New York Insurance Law. The entire balance of the Active Firemen’s Relief Fund shall be distributed to the fire companies of the City of Ithaca pursuant to the provisions of New York Insurance Law §§ 9104 and 9105. Section 5. 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 6. Effective date. This Local Law shall take effect upon the filing of the Local Law in the office of the Secretary of State. After discussion, Alderperson McGonigal made a motion to table this resolution. The motion failed due to the lack of a second. A vote on the resolution resulted as follows: Yes (3): Gearhart, Kerslick, Nguyen No (1): McGonigal Recusal (1): Mohlenhoff Motion passed 3-1-1. 5. Budget Process. None. 6. Executive Session: Alderperson Nguyen made a motion to close Executive Session. Seconded by Alderperson Gearhart. Motion passed unanimously. Alderperson Nguyen made a motion to close Executive Session. Seconded by Alderperson Gearhart. Motion passed unanimously. Chairperson Mohlenhoff stated that no decision was made in Executive Session. 7. Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Date: December 19, 2018. 7.3 Review, Agenda Items for Next Meeting. None. City Administration Committee Meeting November 19, 2018 Page 12 7.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:25 p.m.