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HomeMy WebLinkAboutMN-CA-2009-04-01CITY ADMINISTRATION COMMITTEE Regular Meeting April 29, 2009 Members Present: Alderperson Coles, Alderperson Zumoff, Alderperson Cogan, Alderperson Rosario, Alderperson Schuler Council Members Present: Alderperson Tomlan Staff Present: Dan Hoffman (City Attorney), Allen Green (YB Director), Tim Logue (Traffic Systems Engineer), Brian Wilbur (Fire Chief), Erik Whitney (Asst Supt of Public Works), Ed Vallely (Police Chief), Bill Gray (Supt of Public Works), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Alan Cohen (MHATC Board Member), Nels Bohn (IURA), Hernando Gil (City Contractor), Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:01 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Coles welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements. None. 3. Agenda Review and Amendments Chairperson Coles stated that Agenda Item 5 - Public Comments will be moved after Agenda Item 7 - Special Presentation Before City Administration Committee. 4. Approval of Minutes Chairperson Coles stated that the approval of the minutes will be postponed. City Administration Committee Meeting April 29, 2009 Page 2 5. Employee Comments. None. 6. Special Presentation Before City Administration Angelo DiGiacomo and Bob Andree expressed their concerns about Phases 2 and 3 of the Cayuga Water Front Trail. Angelo DiGiacomo stated that he is one of the property owners that will be negatively impacted by Phase 2 of the Water Front Trail by having to forfeit the majority of his property, which will result in a major loss of available parking and loss of potential business. He spoke against closing the lane on Route 96 over the flood control bridge, stating that this would cause serious traffic problems and issues of public safety. Other options or locations for the trail need to be explored. Mr. DiGiacomo submitted a petition in hopes that it will convince Common Council that this plan being considered has serious design flaws and should be revisited. Mr. DiGiacomo read a letter from Fire Commissioner Bob Romanowski. Mr. Romanowski expressed concerns about the issues he sees with the Cayuga Water Front Trail Phase 2 project. Bob Andree stated that people on the east side of the inlet are against the Cayuga Water Front Trail Phase 2 and 3 as it is currently proposed and believe that it will not have a significant positive impact on their business. Mr. Andree gave reasons for their opposition (e.g. they will lose business, unsafe to park near his fence line because of the propane tanks, project was designed and funding supplied without talking with anyone who would be affected, removal of right hand lane on 96 heading toward the hospital, taking property by eminent domain for recreation trail, etc.) Mr. Andree stated that the design of the propane tanks is such that when sun shines on them and they reach a certain pressure inside, there is an automatic relief valve that automatically releases propane. He expressed concern about people walking along during this process, flicking a cigarette and causing a fire or explosion. If there was a fire or explosion related to the trail, who will assume that responsibility. Mr. Andree is in support of the proposal for the bridge, which would be on City property. He asked the City to consider their concerns when making its decision on the Water Front Trail. In response to the liability issue, City Attorney Hoffman stated that in the offer that the City made to property owners for a permanent easement, there is language that makes it clear that the City would be liable as long as none of the businesses did anything to the trail. City Administration Committee Meeting April 29, 2009 Page 3 7. Statements from the Public Tim Bangs, City resident and owner of Bangs Ambulance, wants the trail for personal reasons but spoke against the removal of a lane due to safety concerns of the patients they transport through this area. Stuart Lewis, retired Ithaca businessman, stated that the City should start with a vision and work backwards to achieve its goal. Mr. Lewis commended the City on previous projects and explained why the foot bridge was needed. Steven Powell, Town of Ithaca, presented a petition along with several comments in favor of the Cayuga Water Front Trail Phase 2 and 3. He asked that the written comments of this petition be included in the official record on behalf of all of the submitters. John Schroeder, City resident and Chair of the City Planning Board, spoke on behalf of the City Planning Board. At its April 28, 2009, the Planning Board voted unanimously in support of Phase 2 and 3. Sandra Brink Hill, Ithaca resident, asked the City how they will police or maintain the trail if they could not maintain the Commons or Stewart Park. Doug Reid, Cayuga Heights resident, spoke against the closing of a lane on Route 96 and the problems caused by doing so. Beverly Baker, Ithaca resident, asked if a study had been done of who actually use this trail and if this phase had to be completed. Ms. Baker encouraged the Committee to walk the trail and make his /her own decision. Carol Mallison, Newfield resident, supports the Water Front Trail in its current design. She thanked everyone for their support and asked them to support the trail as it is currently designed. Taylor Peck, resident of Alpine, NY, comes to Ithaca most week days. He strongly supports this trail. To show his support he donated $2000 for a bench in memory of his mother. The bench is in Phase 2. Mr. Peck encouraged all to walk the trail. Mr. Peck suggested having at the intersection of Route 96 and Taughannock Blvd dedicated left turn signal lights for all four City Administration Committee Meeting April 29, 2009 Page 4 directions and having all walk signs similar to the ones at the intersection of Green Street and Cayuga Street. bewi Rainey, Trumansburg resident and Ithaca business owner, felt bad about the problems experienced by the relevant land owners. Ms. Rainey spoke in support of the trail. She felt it would be a great tourist attraction and an asset to the community. Rick Manning, Ithaca resident, wants the Water Front Trail to be a vibrant fun place to visit with full boat access to that area. The Water Front Trail initiative is not only in building the trail but also to enhance the places that the trail goes through. A vibrant strong friends organization will help the City maintain its park and make the waterfront something to be proud of. Businesses on Inlet Island have made huge investments as evident by the quality of the landscape. The organization will work hard with the land owners to make the trail an asset for their properties. Increased pedestrian access would enhance the value of the properties and the businesses that are located there. Fay Gougakis, Ithaca resident, spoke against the current phase of the Water Front Trail and asked if there was another alternative to this phase. Steve Flash, Town of Ithaca and part owner of the Boatyard Grill, submitted a statement that was signed by business owners who are in support of the trail as it is now. The trail would be an asset for the community and good for their business. Mr. Flash appreciated all of the work and efforts put forth by the City. Joel Harlan, Newfield resident, was neutral on this subject but spoke about the affect this is having on people. Cande Carroll, Town of Ithaca, spoke against Phase 2 and 3 of the Water Front Trail as it is now. She is against invocation of eminent domain against West End businesses or land owners and the increase in traffic in an already congested area. Ms. Carroll is in favor of exploring other options. bona Paul, resident of Ithaca, spoke in favor of the implementation of the Water Front Trail. The trail gets people out of cars causing a decrease in traffic in traffic sensitive areas. City Administration Committee Meeting April 29, 2009 Page 5 Jean McPheeters, Town of Caroline and President of the Chamber of Commerce, stated that the Chamber of Commerce has received requests from visitors who wanted, but were unable, to get to the water. Ms. McPheeters encouraged the Committee to move this initiative forward. Chairperson Coles thanked everyone for coming to the meeting to address this issue. 8. Common Council Response In response to the comment about Cornell University, Alderperson Rosario stated that Cornell University is in the picture and that the City is currently negotiating with them. 9. Workforce Diversity (WFD) Committee Update The WFD Committee met this past Monday. Pete Meyers from the Workers Rights Center attended the meeting to discuss the criteria for the City to be a certified employer for living wage. The living wage is at $11.11 per hour with health insurance. The City is not expected to pay a living wage for camp counselors or college students. The Center does expect the City to pay a living wage to seasonal employees who work more than three months. The Committee asked HR Director Michell -Nunn to provide information on how many employees would be affected and how much it would cost the City to pay the living wage. The WFD Committee discussed providing readiness training for the Police Recruitment Team and the Fire Recruitment Team. These teams will work with Kirby Edmonds, who will conduct the training. In trying to increase diversity in these departments, it is important that the environment be prepared and ready to receive employees of diverse backgrounds. The WFD Committee discussed the Affirmative Action Sub- Committee (AASC) Resolution. The AA5C currently focuses on protected classes, which include women. The problem is if you have in your candidate pool women and people of color and your department is comprised of women, this selection would not go through the AASC review. The WFD Committee discussed what the appropriate language would need to be to allow the City to accomplish its intent. Alderperson Rosario stated that the key term is "under represented ". Ms. Michell -Nunn asked how "under represented" is defined. Is it defined by the organization or by the department? In some departments white males are under represented. So, the language must be clear in this area. 10. Safety Committee Update. None. City Administration Committee Meeting April 29, 2009 Page 6 11. Communication Committee Update. None. 12. Regular Reports from Departments Reporting to CA. None. 13. Planning /Department of Public Works 1. Water Front Trail (Presentation & Discussion) Chairperson Coles asked Traffic Systems Engineer Tim Logue, Fire Chief Wilbur, and Police Chief Vallely to come forward. Chairperson Coles stated that comments have been heard by members of the public on the Water Front Trail. Mr. Logue will present a brief overview of the process that lead to this point and to the objectives of this trail. Mr. Logue explained that the Cayuga Waterfront Trail was a project proposed in a few waterfront planning documents from the late 1990s. The overarching goals of the approximately six -mile, multi -use trail were threefold: to increase public access and improve waterfront parks, to encourage appropriate economic development (including tourism), and to improve linkages between waterfront destinations, existing residential neighborhoods, and business districts. Phase 1, a two -mile loop in Cass Park, is constructed and well used. Phase 2 will connect Cass Park, Inlet Island, the West End, and the Farmers Market. Phase 3 will connect the Farmers Market to Stewart Park, the Youth Bureau, the Visitors Bureau, and the Chamber of Commerce. Mr. Logue addressed some of the controversial aspects of Phase 2, particularly the use of a portion of the Route 96 bridge over the Flood Control Channel, and he gave some of the five year history on the project. He explained that the Route 96 bridge proposal has received approvals from the City of Ithaca, New York State Department of Transportation and the Federal Highway Administration. He also explained that the private property owners affected by the trail project have all received written purchase offers for permanent easements, including a cash offer for the fair market value of the easements, as determined by a licensed real estate appraiser. Lastly, Mr. Logue addressed the concept of building a trail bridge from the Farmers Market directly to Cass Park, thereby eliminating the connections with the business district in the West End and Inlet Island. He explained that this alternative did not meet the project goals and that it would be not only more expensive than the budget for Phase 2 construction, City Administration Committee Meeting April 29, 2009 Page 7 but that it would be more expensive than the budget for all three phases of the six -mile trail. Chairperson Coles asked Chief Wilbur and Chief Vallely if either of them had public safety concerns about the proposed trail crossing on the Route 96 bridge over the Flood Control Channel. Both Chief Wilbur and Chief Vallely stated that they did not have public safety concerns about the proposal. Chief Vallely stated that the proposal could potentially be a safety improvement for motorists by eliminating the "race to the end of the bridge." Chief Wilbur stated that, though he did not have a concern about the trail project specifically, the Fire Department is working with the Department of Public Works to pursue a traffic signal pre- emption project to improve response times through the West End and across the Route 13 corridor. 2. Water Front Trail (Resolution) Moved by Alderperson Cogan. Seconded by Alderperson Zumoff. (1) WHEREAS, on June 13, 2001, Common Council authorized and established Capital Project #445 (then entitled Cass Park Waterfront Trail) in the amount of $425,000, to design and construct Phase 1 of the Cayuga Waterfront Trail (Phase 1 being a two -mile loop in Cass Park, which has now been completed), and (2) WHEREAS, on April 2, 2003, Common Council approved the funding of Phase 2 of the Cayuga Waterfront Trail (which would connect Cass Park to the Farmers Market) from the same Capital Project as Phase 1, authorized the addition of $677,724 to Capital Project #445, for the costs of design, right -of -way acquisition and construction of Phase 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for Phase 2 (through the Transportation Enhancement Program) and to provide for the administration of Phase 2 and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 72.05% federal and 27.95% local), and (3) WHEREAS, on September 28, 2004, environmental review of the proposed design for Phase 2 of the Trail was completed, by the City of Ithaca Planning and Development Board, the designated lead agency for such review, and site plan approval for Phase 2 was granted, and City Administration Committee Meeting April 29, 2009 Page 8 (4) WHEREAS, on May 3, 2006, Common Council amended Capital Project #445, by adding $50,000 for a feasibility study of Phase 3 of the Cayuga Waterfront Trail (from the Farmers Market to Stewart Park and the Visitors Center), half of which amount was to be derived from a New York State Environmental Protection Fund grant, and $10,000 of which amount was to be derived from non -City funds to be raised by the Cayuga Trails Initiative, and (5) WHEREAS, on November 1, 2006, Common Council approved Phase 2 of the Trail, added $480,000 to Capital Project #445, to cover additional costs associated with Phases 1 and 2, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project (through a SAFETEA -LU member item) and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project would be roughly 80% federal and 20% local), and (6) WHEREAS, also on November 1, 2006, Common Council authorized the expenditure of up to $250,000 from Capital Project #445 as just compensation for the acquisition of certain required easements for Phase 2 of the Trail, authorized the Mayor to offer, negotiate and determine the amounts to be paid to individual property owners, and authorized the Mayor to enter into agreements for purchase or donation of such easements, and (7) WHEREAS, on June 6, 2007, Common Council again approved the Trail, now including Phase 3, subject to environmental review (of that phase), added $720,000 to Capital Project #445 to cover the combined cost of the three phases, and authorized the Mayor to execute all necessary agreements or requests for federal funds for the project and to provide for its administration and the funding of the local share (with the understanding that the apportionment of the costs for this portion of the project will be roughly 80% federal and 20% local), and (8) WHEREAS, as part of the 2007 project agreement, the New York State Department of Transportation combined Phase 2 and Phase 3 of the trail into one Project Agreement (PIN 395024) for administrative purposes, and City Administration Committee Meeting April 29, 2009 Page 9 (9) WHEREAS, fair market value offers (based on professional appraisals) were made to the affected property owners in the spring of 2007, by the Mayor, and to date no written responses have been received by the City of Ithaca, and (10) WHEREAS, in late 2008, the New York State bepartment of Transportation notified the City of Ithaca that due to the time elapsed since the offers were made, appraised values for the easements need to be updated, and the State offered to administer and facilitate the right -of -way acquisition phase of the project (including the updating of appraisals), and (11) WHEREAS, certain aspects of the non -local funding of the project, including the internal allocation of funds among Project components and the City's responsibility for the "fronting" of costs to be paid by the federal government, have changed (although not the total amount of the allocations), and (12) WHEREAS, to effect these changes in project administration and management, a second Supplemental Agreement for the project must be executed with the State of New York, and (13) WHEREAS, the City of Ithaca desires to advance the remaining phases of the Cayuga Waterfront Trail project (i.e., Phases 2 and 3), with the above - described modifications and as expeditiously as possible, and (14) WHEREAS, the approval contained in this resolution constitutes routine or continuing agency administration or management of an existing project (and does not create any new programs or major reordering of priorities that may affect the environment), and, as such, is a Type II action not subject to environmental review; now, therefore, be it (1) RESOLVED, That the Common Council hereby reaffirms its support for Phases 2 and 3 of the Cayuga Waterfront Trail project, as currently designed, with the above - described modifications in administration and /or management of project components and subject to any further, required environmental review (for Phase 3), and be it further (2) RESOLVED, That the Mayor of the City of Ithaca, upon consultation with the City Attorney and other involved staff, be and is hereby authorized to execute a City Administration Committee Meeting April 29, 2009 Page 10 Second Supplementary Agreement for Administration and Implementation of the Cayuga Waterfront Trail, which Supplementary Agreement will modify the internal allocation of funds for certain aspects of Phases 2 and 3 (but not the total allocated amount) and will transfer responsibility for the acquisition of easements for the Trail from the City to the State, and be it further (3) RESOLVED, That the Mayor be and is hereby authorized to execute all other necessary agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca, with the New York State Department of Transportation, in connection with the advancement or approval of Phase 2 or (pending completion of environmental review) Phase 3 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 - eligible Project costs and all other Project costs within the appropriations therefore that are not so eligible, and be it further (4) RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay the non - federal share of the cost of right -of -way incidentals and acquisition to the State of New York, in the amount of $58,322, with the understanding that the City of Ithaca no longer must pay in the first instance the federal share of such costs ($233,288) and will not seek reimbursement for the federal share of such costs, and be it further (5) RESOLVED, That Common Council recognizes that Capital Project #445 (Cayuga Waterfront Trail - formerly known as Cass Park Trail) does not need to be amended for this change in project administration, and remains at a total project cost of $2,384,876, which amount represents Phase 1, Phase 2 and Phase 3 of the three -phase project, and be it further (6) RESOLVED, That except as explicitly amended in this resolution, Common Council's previous resolutions concerning the Project, as referenced above, still remain in full force and effect, and be it further (7) RESOLVED, That the City Clerk be and hereby is authorized and directed to file a certified copy of this resolution with the New York State Commissioner of Transportation, by attaching it to any necessary, supplemental agreement in connection with the Project, and be it further City Administration Committee Meeting April 29, 2009 Page 11 (8) RESOLVED, That this resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 14. Department of Public Works 1. Prospect Street Reconstruction and East Clinton Street Rehabilitation Projects Moved by Alderperson Cogan. Seconded by Alderperson Schuler. WHEREAS, a Project for the Prospect Street Reconstruction - East Clinton Street Bridge Rehabilitation, P.I.N. 375457 (the Project ") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non- federal funds; and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non - federal share of the costs of 5coping, Preliminary Design, Detailed Design, and Right of Way Incidentals, NOW, THEREFORE, the Common Council, duly convened does hereby RESOLVED, That the Common Council hereby approves the above - subject project; and it is hereby further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non - federal share of the cost of 5coping, Preliminary Design, Detailed Design, and Right of Way Incidentals work for the Project or portions thereof; and it is further RESOLVED, That the sum of $465,000 is hereby appropriated from Capital Project # 725 the sum of $280,000 and from the Capital Project # 726 the sum of $185,000 and made available to cover the cost of participation in the above phase of the Project; and it is further City Administration Committee Meeting April 29, 2009 Page 12 RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and it is further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with the New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, This Resolution shall take effect immediately After discussion, Alderperson Schuler made a motion to add a 3rd Whereas: Whereas, This project constitutes a replacement of a facility in kind on the same site as well as maintenance or repair involving no substantial change in an existence structure. Seconded by Alderperson Zumoff. Motion carried 5 -0. A vote on the resolution as amended resulted as follows: Passed unanimously. 2. Request to Create Wastewater Treatment Plant Operator Trainee/ Instrumentation Technician Position Moved by Alderperson Schuler. Seconded by Alderperson Zumoff. City Administration Committee Meeting April 29, 2009 Page 13 WHEREAS, the current employee in the position of Wastewater Treatment Plant (WWTP) Operator /Instrumentation Technician is planning for a retirement date in December of 2009 or very soon there after, and WHEREAS, to provide for a smooth efficient transition of both the technical knowledge and the specific duties of the position the City of Ithaca DPW Water & Sewer Division, Ithaca Area Wastewater Treatment Facility (IAWWTF) succession planning with a transition overlap of the positions is essential, and WHEREAS, there is a current vacancy at the IAWWTF for a WWTP Operator Trainee, and WHEREAS, a new job description and new position duties statement for a WWTP Instrumentation Technician Trainee have been drafted and approved by the Civil Service Commission at their April 1, 2009 meeting, and WHEREAS, the position of WWTP Instrumentation Technician Trainee will be unoccupied and unfunded until the future filling of the Operator /Instrumentation Technician, and therefore will not result in an additional position, nor the need for additional funds, and WHEREAS, the new employee hired into the position of WWTP Instrumentation Technician Trainee should have at least a six (6) month period of on the job training with the current Operator /Instrumentation Technician, in order to accomplish this, we will need to advertise the new position during the month of May 2009 for an anticipated hire date in June of 2009; now therefore be it RESOLVED, That Common Council approves the creation of the WWTP Instrumentation Technician Trainee position with the condition that funding for this position will be derived from funds already approved and allocated for the WWTP Operator Trainee currently vacant, and be it further RESOLVED, That the Personnel Roster of the Ithaca Area Waste Water Treatment Facility (IAWWTF) of the W &S Division of the Department of Public Works be amended as follows: Add: One (1) WWTP Instrumentation Technician Trainee City Administration Committee Meeting April 29, 2009 Page 14 Delete: One (1) WWTP Operator Trainee and be it further RESOLVED, That the position of WWTP Instrumentation Technician Trainee be assigned to the CSEA Administrative Unit at Salary Grade 4. A vote on the resolution resulted as follows: Passed unanimously. 15. Youth Bureau 1. Request to Amend 2009 Budget Moved by Alderperson Schuler. Seconded by Alderperson Cogan. WHEREAS, the Ithaca Youth Bureau has been advised by the Tompkins County Workforce Investment Board that they will be receiving $162,590.00 in new funding to develop a Summer Jump Start Jobs Program, and WHEREAS, the goal of this program is to provide short -term subsidized internships for 90 eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2009 Youth Bureau budget to account for said funding as follows: Increase Anticipated Revenue from Tompkins County Workforce Investment Board A7310- 4820 -1202 Youth Employment Service $153,215.00 A7310- 4820 -1400 Administration $5,875.00 A7310- 4820 -1200 Administration (Y. Development) $3,000.00 A7310- 4820 -1221 Outings $500.00 $162,590.00 Increase Appropriations: A7310- 5110 -1202 Staff Salary $6,288.00 A7310- 5120 -1202 Part time /Seasonal $121,568.00 A7310- 5405 -1202 Telephone $550.00 City Administration Committee Meeting April 29, 2009 Page 15 A7310- 5425 -1202 A7310- 5445 -1202 A7310- 5460 -1202 A7310- 5460 -1221 A7310- 5435 -1200 A7310- 5120 -1400 A7310- 5420 -1400 A7310- 5437 -1400 A7310- 5475 -1401 A7310- 5476 -1401 A7310- 5480 -1401 A7310 -9010 A7310 -9030 A7310 -9040 Office Supplies Travel & Mileage Program Supplies Program Supplies Contract Services Part time /Seasonal Gas & Oil Merchant Service Property Maintenance Equipment Maintenance Building Maintenance Retirement Social Security Workers' Comp. A vote on the resolution resulted as follows: 2. Request to Transfer Funds for Pool Repair $451.00 $750.00 $5,708.00 $500.00 $3,000.00 $1,000.00 $1,400.00 $875.00 $800.00 $830.00 $830.00 $440.00 $9,781.00 $7,819.00 $162,590.00 Passed unanimously. Moved by Alderperson Cogan. Seconded by Alderperson Schuler. WHEREAS, during the annual inspection of Cass Pool it was found that some unexpected serious repairs are needed to the pool's decking and shell, and WHEREAS, it has been estimated by staff that the cost to repair the pool will be no greater than $18,000, and WHEREAS, if the repairs are not made to the pool, then the pool will be unable to open for operation this summer and cost of a future repair will only increase; now, therefore be it RESOLVED, That Common Council hereby transfers an amount not to exceed $18,000 from Unrestricted Contingency Account A1990 to Account A7310 -5475- 1314 Cass Pool Project Maintenance for the purpose of repairing Cass Pool. City Administration Committee Meeting April 29, 2009 Page 16 A vote on the resolution resulted as follows: Passed unanimously. 16. Ithaca Urban Renewal Agency 1. Loan Subordination on Behalf of Mutual Housing Association of Tompkins Coun Inc. Moved by Alderperson Rosario. Seconded by Alderperson Cogan. WHEREAS, Mutual Housing Association of Tompkins County, Inc. (MHATC) owns and manages 28 units of affordable housing located in the Northside Triangle neighborhood, and WHEREAS, MHATC seeks to manage better its long -term debt by refinancing several existing loans into a consolidated loan of up to $675,000 with Tompkins Trust Company (TTC), and WHEREAS, a condition of TTC financing is a first - mortgage lien on the following properties: • First Street (tax parcel #25.- 3 -1.1) • 512 Alice Miller Way (tax parcel #25. -3 -1.21) 206 Third Street (tax parcel #44. -5 -7), and WHEREAS, the City of Ithaca holds a 1992 mortgage lien on the First Street MHATC property, and WHEREAS, MHATC requests that the City subordinate its mortgage lien to a new mortgage lien to be given by MHATC to TTC, and WHEREAS, MHATC management projects that the proposed, consolidated loan will reduce MHATC's debt service payment by approximately $3,000 per month, and includes refinancing of debt scheduled to mature in 2010 with a balloon payment due of approximately $200,000, and WHEREAS, in 1992 the City of Ithaca conveyed land to MHATC for phase 1 of the MHATC project (along the 500 block of First Street) for a purchase price of City Administration Committee Meeting April 29, 2009 Page 17 $90,000, which amount was in effect loaned to MHATC, on the condition that it be repaid by MHATC over 24 years, with the loan to be secured in the meantime by a mortgage on the parcel, and WHEREAS, the terms of the City -to -MHATC loan established a 12 -year period of 3% interest -only payments ($225.00/mo.) followed by a 12 -year period beginning in 2004 of principal plus interest payments at a 7% interest rate (total = $920.18/mo.) such that the loan would be fully repaid in 2016, and WHEREAS, current MHATC management indicates that it only recently became aware of this debt obligation to the City and of the fact that MHATC is not current on the repayment of this debt (only the interest -only payments having been remitted), and now seeks to negotiate revisions to the loan repayment schedule, and WHEREAS, the outstanding principal balance on the City loan is $90,000, and WHEREAS, a loan -to -value (LTV) ratio not exceeding 80% is a common benchmark to demonstrate that a loan is reasonably secured, and WHEREAS, the LTV ratio is the sum of the outstanding loan balance on the City loan plus the amount of any other senior loans divided by the fair market value of the appraised value of the collateral securing the loans, and WHEREAS, an appraisal of the total two - parcel, 28 -unit MHATC project prepared by C. Clay Burruss, NYS Certified Appraiser #46000041804, concluded that the market value of the subject property was $2,100,000 as of February 26, 2009, and WHEREAS, the phase 1 First Street parcel (tax parcels 25.- 3 -1.1) contains 14 of the 28 housing units and generates approximately 2 of the project's gross income, therefore it can be deduced that the phase 1 First Street parcel for which the City holds a mortgage lien has a market value of approximately $1,050,000, and WHEREAS, collateral value of $1,050,000 on the First Street property will secure a total of $765,000 in loans under the requested subordination, and City Administration Committee Meeting April 29, 2009 Page 18 WHEREAS, the LTV ratio for the First Street property is below 80 %, thereby adequately securing the City loan; now, therefore be it RESOLVED, That, in order to induce Tompkins Trust Company to refinance and consolidate the Mutual Housing Association of Tompkins County (MHATC) debt, the Common Council of the City of Ithaca hereby agrees to subordinate its mortgage lien on property located on First Street (tax parcel #25.- 3 -1.1) owned by MHATC to a mortgage to be given to Tompkins Trust Company, and be it further, RESOLVED, That MHATC is requested to submit to the City, within 45 days of the date of this resolution, a proposal to restructure or pay off the City loan, and be it further RESOLVED, That the Mayor, upon advice of the City Attorney, is hereby authorized to execute all necessary and appropriate documents to implement this resolution, including, but not limited to, a subordination agreement and an intercreditor agreement. A vote on the resolution resulted as follows: Passed unanimously. 17. Human Resources 1. Name Change for the Affirmative Action Advisory Subcommittee Moved by Alderperson Cogan. Seconded by Alderperson Schuler. WHEREAS, the Affirmative Action Advisory Committee name was changed in 2006 to the Workforce Diversity Advisory Committee to better represent the goals of the committee, and WHEREAS, the Affirmative Action Advisory Subcommittee has continued to operate under its name and the Workforce Diversity Advisory Committee recommends that the subcommittee name be changed to reflect its true purpose, now therefore be it City Administration Committee Meeting April 29, 2009 Page 19 RESOLVED, That Common Council hereby changes the name of the Affirmative Action Advisory Subcommittee to the Workforce Diversity Selection Review Committee. A vote on the resolution resulted as follows: Passed unanimously. 2. Request to Amend Fringe Benefits for Managerial Personnel Moved by Alderperson Cogan. Seconded by Alderperson Schuler. WHEREAS, the Human Resources Director is recommending that bereavement leave for management be modified to include family members and close friends not in the immediate family, now therefore be it RESOLVED, That Common Council hereby amends the Fringe Benefits for Managerial Personnel, Bereavement Leave, number six (6) as follows: Add: In the event of death of a friend, family member not in the immediate family or associate of an employee, such employee may be allowed a leave of absence with pay of one (1) day. The Department Head or Mayor, if the department head makes the request, must approve this leave of absence. A vote on the resolution resulted as follows: Passed unanimously. 3. Director's Report. HR Director Michell -Nunn reported on the following: Diversity Consortium Roundtable Event: The Roundtable Event will be Thursday - May 7, 2009 - 8:30 a.m. to 4:00 p.m. - Clarion Hotel. 18. Finance /Controller 1. Controller's Report. Controller Thayer reported on the following: State Budget: The State Budget has passed and there was minimum impact to the City's budget. City Administration Committee Meeting April 29, 2009 Page 20 Sales Tax Collections: Sales tax collections started strong for 2009 but are now feeling the weak economy. The last few payments have been down substantially. Overall the City is at a reduction of about 1.3 %. This equates to about $105,000 difference between the same time period for 2008 and 2009 collections. NYS Aid: In the last quarterly adjustment from New York State (NYS), the City had a significant negative adjustment of $100,000. NYS noted that there were several payments that were initially thought to be City funds but were actually the County's funds. If negative trends continue, the City will experience negative impacts for the remainder of 2009 and into 2010. Hiring /Purchasing Freeze: As a result of the negative trends continuing, the Controller recommends that the hiring and purchasing freeze remain in effect, and that the City trim back on Capital Plans and reduce its overall debt load. CSEA Classification Study: In 2009, the implementation of the comp study was delayed. The Controller recommended the implementation of the classification study in 2010. Fund Balance: Over the last five years, the City has worked hard to have a healthier fund balance, which is currently in place and may be needed for the remainder of 2009 and into 2010 to help offset any losses and revenues. Cash Flow: The cash flow will become weaker as the City continues into 2009. Building Permits: As a result of the deferment of capital projects, building permit revenue will be lower throughout 2009 and into 2010. Consumer Price Index (CPI): In 2009, the CPI is at .06 %. Health Benefits Consortium: RFP (Requests for Proposals) have been sent out for the medical and the prescription part of the plan. Once the RFPs are in, the Consortium will have a premium equivalent (PE) amount to review. Estimates are being developed and will be talked about at the next Consortium meeting. Once the PE amounts are developed and plan designs are established with rates, the next step is to approve the participation into the Consortium. At the next meeting, the City Administration Committee Meeting April 29, 2009 Page 21 Consortium will discuss detailed rates, plan designs, local controlling of cost, escape clauses, governance, time lines and draft resolutions. Discussions will be had with the unions. The goal is to maintain or increase benefits and at the some time reduce cost. Capital Projects: Requests for capital projects were sent out and are due by May 15th to the Planning Department. Snow Removal: Snow removal is on budget with where the City was in 2009. It would only take one storm to put the City over budget. Tompkins County Assessment: The City received the preliminary 2010 assessments figure from the County, which increased 3.74% over 2009. 19. Reports 1. Mayor's Report. None. 2. Sub- Committee Updates. None. 3. Council Members' Announcements. None. 4. Next Month's Meeting: May 27, 2009. 20. Adjournment With no further business and on a motion by Alderperson Schuler, the meeting was adjourned at 10:47 p.m.