Loading...
HomeMy WebLinkAboutMN-CA-2010-08-01Members Present: staff CITY ADMINISTRATION COMMITTEE Regular Meeting August 25, 2010 Alderperson Coles, Alderperson Zumoff, Alderperson Mohlenhoff, Alderperson Rooker, Alderperson Clairborne (arrived at 7:08 p.m.), Mayor Peterson Present: Bill Gray (Supt of Public Works), Dan Hoffman (City Attorney), Joan Groom (YB), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell - Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:02 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Coles welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements Chairperson Coles mentioned that Dr. Donald Graham, father of GIAC Director Marcia Fort, passed away. 3. Agenda Review and Amendments. None. 4. Approval of Minutes Alderperson Zumoff made a motion to approve the minutes, with corrections, from the July 28, 2010 meeting of the City Administration Committee. Seconded by Alderperson Rooker. Motion carried 4 -0. (Alderperson Clairborne was absent from the vote.) Alderperson Clairborne arrived at the meeting at 7 :08 p.m. City Administration Committee Meeting August 25, 2010 Page 2 5. Statements from the Public Rebecca Algee, of Religious Taskforce for a Living Wage, spoke about the Sweatfree Apparel Procurement Policy and encouraged the City to consider the proposal favorably when it comes before this Committee. 6. Employee Comments. None. 7. Common Council Response Alderperson Zumoff asked if the resolution for the Sweatfree Apparel Procurement Policy had not been adopted already. Chairperson Coles responded that the policy still needed to be reviewed by the City Attorney. City Attorney Dan Hoffman stated that the Attorney's Office is doing research to see what the City can do under New York State law, 8. Workforce Diversity Advisory Committee (WDAC) Update. None. 9. Safety Committee Update. None 10. Youth Bureau 1. Request to Amend Personnel Roster Moved by Alderperson Mohlenhoff. Seconded by Alderperson Clairborne. WHEREAS, the Ithaca Youth Bureau has requested permission to amend the 2010 personnel roster, decreasing the hours of a currently vacant Recreation Program Leader from 35 hours per week to 30 hours per week effective September 2, 2010, and WHEREAS this change will result in a savings of about $1900.00 during the remainder of 2010 and a savings of about $7600.00 during 2011, and WHEREAS, the proposed reduction of hours reflects an effort on the part of the Recreation Support Services Program and the Ithaca Youth Bureau to assist in cost saving measures during this fiscally challenging time; now, therefore, be it City Administration Committee Meeting August 25, 2010 Page 3 RESOLVED, That Common Council hereby amends the 2010 Youth Bureau roster as follows: Decrease the hours of one Recreation Program leader from 35 hours per week to 30 hours per week effective September 2, 2010. A vote on the main resolution resulted as follows: Passed unanimously. 11. Department of Public Works 1. Request for Funds for Stewart Park Small Pavilion Moved by Alderperson Clairborne. Seconded by Alderperson Mohlenhoff. WHEREAS, the small pavilion (Tea House) at Stewart Park is currently in a state of disrepair, and WHEREAS, DPW staff have estimated approximately $4,000 in funds will be needed to perform the following: Material Testing, Construction Materials for Shoring, Independent Evaluation of the Building and Alternative Programs of Demolition, Rehabilitation and Reconstruction and, WHEREAS, the City has established Capital Reserve #11 Parks and Recreation with $200,000, which can be used to provide said funding for the small pavilion at Stewart Park; now, therefore be it RESOLVED, That Common Council hereby authorizes the use of an amount not to exceed $4,000 from Capital Reserve #11 Parks and recreation to provide necessary testing, construction materials and evaluation of the small pavilion at Stewart Park. City Administration Committee Meeting August 25, 2010 Page 4 A vote on the main resolution resulted as follows: Ayes (4): Coles, Mohlenhoff, Rooker, Zumoff Nays (1): Clairborne Motion Passed 4 -1. 12. Attorney's Office 1. Acting Mayor; Alternate Acting Mayor Moved by Alderperson Rooker. Seconded by Alderperson Zumoff. WHEREAS, the Charter of the City of Ithaca, in Section C -33, currently provides for the annual election by the Common Council of an Acting Mayor and Alternate Acting Mayor, to act in the Mayor's stead in the event of the Mayor's absence, incapacity or unavailability; and WHEREAS, the Common Council has determined that, due to the importance of the working relationship and need for continuity of direction between the Mayor and the Acting Mayor or Alternate Acting Mayor, it is most sensible and efficient for the Mayor to select the Acting Mayor and Alternate Acting Mayor, on an annual basis, such that the process is comparable to the Mayor's selection of the chairpersons of Council's standing committees (and other, special committees); and WHEREAS, such a change in the selection process for Acting Mayor and Alternate Acting Mayor represents a transfer of the power to make that selection from Common Council to the Mayor, and, as such, is subject to a mandatory referendum, pursuant to Section 23.2.f of the Municipal Home Rule Law of the State of New York, to be conducted at the next general election (in this case, on November 2, 2010) provided it is not less than 60 days from the adoption hereof, or at a special election not less than 60 days from such adoption; and WHEREAS, the Common Council has determined that certain other improvements should be made to the language of Section C -33 of the City Charter, which changes are set forth below; now therefore City Administration Committee Meeting August 25, 2010 Page 5 Local Law -2010 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section C -33 of the Charter of the City of Ithaca is hereby amended (subject to mandatory referendum by the electors of the City) to read as follows. §C -33. Acting Mayor; Alternate Acting Mayor. A. By the time of the first regular Common Council meeting of each year, the Mayor shall appoint a member of the Council to serve (when needed) as Acting Mayor until the next such annual appointment or replacement by the Mayor. In the Mayor's absence or in the event of a vacancy in the office of the Mayor, the Acting Mayor shall preside at meetings where the Mayor would normally_ preside, if there is no other provision for another officer to preside at that meeting in the Mayor's absence. In ewe the event that the Mayor she" be is unable to perform the other duties of the Mayor's office, due to siekigess ei- absence and unavailability, sickness or incapacitation, or resignation. removal or death ehesen the Acting Mayor shall be vested with all the powers and perform all the duties of the Mayor = except as wed specified in 66 33A(1); herein - until the Mayor shall resume the duties of the office or *e until any vacancy in the office of Mayor shall be filled for the unexpired termLby election according to law. The Acting Mayor shall not be authorized to make appointments, to remove City officers from their positions or to cast a veto, unless the Mayor is absent or incapacitated for more than 30 days. (4-) The Acting Mayor shall not be vested with the voting powers of the Mayor as described in Section C -30, but shall instead exercise the voting rights afforded Council members other than the Mayor. The "Acting Mayor" and sign all necessary papers with his/her the Acting Mayor's name, adding thereto the words "Acting Mayor." City Administration Committee Meeting August 25, 2010 Page 6 B. The Gemmeig Geumei 1 Mayor shall in the same manner and for the some term appoint another e# its members of the Common Council as Alternate Acting Mayor, *e which person shall assume the powers and perform e4 the duties of the Mayor in the some manner and fashion as the Acting Mayor, whenever the Acting Mayor is required to assume such #fie powers and duties of the Mayor's office but is unable to do so ' as a result of s`ekness "" absence and unavailability, sickness or incapacitation, or resignation, removal or death. C. In the event of the failure of the Mayor to appoint an Acting Mayor or Alternate Acting Mayor, as provided for above, the Common Council may do so, which am)ointment(s) shall stand until the first Council meeting of the following year. Section 2. 5everability. 5everability 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 portion. Section 3. Mandatory Referendum. This Local Law shall be submitted to a referendum at the next general election, on November 2, 2010. Section 4. Effective Date. This Local Law shall take effect after it is approved by the electorate at the next general election and is subsequently filed in the office of the Secretary of State. City Administration Committee Meeting August 25, 2010 Page 7 A vote on the main resolution resulted as follows: Ayes (4): Coles, Mohlenhoff, Rooker, Zumoff Nays (1): Clairborne Motion Passed 4 -1. 2. Acquisition of Water Main Easement Moved by Alderperson Zumoff. Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca owns and maintains a 20- foot -wide easement for a municipal water main (the "Carpenter line "), which main is currently available to service property owners along Carpenter Circle in the former Carpenter Business Park and to the south thereof; and WHEREAS, the Carpenter line extends through and across private property owned by Templar, LLC (City tax parcel 36.- 1 -3.5) (the "Templar Property "), to the east of the tracks of the Norfolk Southern Railroad Company; and WHEREAS, an extension of the Carpenter line running northwesterly from its existing route (the "Water Line Extension ") is necessary to provide adequate municipal water service to properties located to the north and west of said railroad tracks, including but not limited to lands owned by Cornell University that are improved by the Cornell rowing center (City tax parcel 37. -1- 4.2) now under redevelopment, and by the New York State Department of Transportation (City tax parcel 37.4-1); now therefore be it RESOLVED, that the Common Council of the City of Ithaca hereby makes the following findings: 1. Certain properties to the north and west of the Templar Property are without adequate municipal water service, which causes problems as to adequacy of supply (including for fire protection purposes) and renders their full development impracticable, and which, in turn, adversely affects the interests of the City of Ithaca and its residents in providing adequate municipal services to property owners, City Administration Committee Meeting August 25, 2010 Page 8 in encouraging appropriate development of properties in the City and in enhancing the municipal tax base. 2. The location of the proposed Water Line Extension lies wholly within existing utility easements granted to New York State Electric and Gas Corporation ( "NYSEG Easements ") for high- tension electric power lines, such that development within that area is already severely constrained. 3. In order to construct and maintain the Water Line Extension, it will be necessary for the City to acquire a permanent easement across the Templar Property that is approximately 100 feet in length and 20 feet in width, together with a temporary construction easement representing approximately 25 feet of additional width on each side of the permanent easement, throughout the length of the permanent easement. 4. Due to the particular location and small scope of the proposed easement, the rights sought by the City therefore are de minimis within the meaning of Eminent Domain Procedure Law ( "EDPL ") 5206(D) and judicial interpretations thereof (see, Town of Coxsackie v. Dernier, 105 A02d 966 (3d Dep't 1984), and in City of Yonkers v. Hvizd, 93 AD2d 887 (2d Dep't 1983)), by reason of the following: (i) the Water Line Extension will not require the removal of any existing structures upon the land, (ii) the acquisition of the easements will not interfere with the current land use, and (iii) the NYSEG Easements already preclude construction upon the portion of the Templar Property which would otherwise be affected by the easement sought herein. And be it further RESOLVED, that, in light of the foregoing, the Mayor of the City of Ithaca and /or the Mayor's designee(s), upon the advice of the City Attorney, shall be and hereby are authorized to take any and all actions as may be authorized by law, including but not limited to negotiations for the purchase of interests in real property and /or, if necessary, the institution of eminent domain proceedings under New York's Eminent Domain Procedure Law ( "EDPL "), to acquire such interests, including without limitation those interests described in Finding 3 as may be necessary to facilitate the above - described extension of the City's water main located at City Administration Committee Meeting August 25, 2010 Page 9 Carpenter Circle that have not already been acquired by negotiation, and to enter into and execute such documents as may be necessary to carry out the purpose of this Resolution, and be it further RESOLVED, that the Mayor and /or the Mayor's designee shall be and hereby is empowered to employ the services of a consultant fee appraiser for these purposes. Alderperson Clairborne made a motion to remove from the second Resolved the following language "(and /or, if necessary, the institution of eminent domain proceedings under New York's Eminent Domain Procedure Law ( "EDPL ")." The motion failed due to the lack of a second. A vote on the main resolution resulted as follows: Ayes (4): Coles, Mohlenhoff, Rooker, Zumoff Nays (1): Clairborne Motion Passed 4 -1. 13. Human Resources (HR) Department 1. Director's Report. HR Director Michell -Nunn reported on the following: CSEA Compensation Study: The City and the Union will meet in early September to discuss the comp study. Workplace Violence Prevention Team: The contract for the keyless entry is being reviewed by the City Attorney's Office. Budget Training: There will be a budget training session for Common Council members on Tuesday - August 31, 2010 at 4:30 p.m. to 6:30 p.m. in the 2nd Floor Conference Room. City Administration Committee Meeting August 25, 2010 Page 10 14. Finance /Controller 1. Controller's Report. Controller Thayer reported on the following: Budget (2011): The Controller and the Mayor have been meeting with department heads about the department's budget submittal. Economic Concerns: The economic recovery has been slow. The State economic situation is weak and will be until 2013. Consumer Price Index (CPI): Last month the CPI was 2.1 %, overall the CPI is 3 %. Sales Tax: The 2010 collections through June are above budget about 42% or $324,000. Health Insurance Cost /: Health insurance claims are high. 2011 health insurance cost will increase about 9 % -10 %. Health Insurance Consortium: The target start date for the Consortium is October 1St. The Consortium is waiting for the certificate of insurance from the State. HR Director Michell -Nunn suggested pushing the start date back to January 1, 2011, even if the Consortium receives the certificate of insurance. This would allow for transitioning between Excellus BC /BS and the new carrier. Health Care Reform: Changes in law to change our policies. No limits and dependents to age 26. Building Permit Fees: The City budgeted $250,000 for building permit fees but will see no large increase until Cornell University resumes construction. 15. Reports 1. Mayor's Report. None. 2. Sub- Committee Updates. None. 3. Council Members' Announcements. None. City Administration Committee Meeting August 25, 2010 Page 11 4. Next Month's Meeting: September 29, 2010. 16. Adjournment With no further business and on a motion by Alderperson Zumoff, the meeting was adjourned at 8:35 p.m.