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HomeMy WebLinkAboutMN-CA-2010-12-01Members Present: Members Excused: staff CITY ADMINISTRATION COMMITTEE Regular Meeting December 20, 2010 Alderperson Coles, Alderperson Mohlenhoff, Alderperson Rooker, Alderperson Clairborne (arrived at 7:03 p.m.), Mayor Peterson Alderperson Zumoff Present: Debra Parsons (City Chamberlain), Dan Hoffman (City Attorney), Steve Thayer (Controller), Scott Andrew (Deputy Controller), 5chelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Nels Bohn (IURA), Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:00 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 a Shopping Cart Sub- Committee has been formed to address the issue of missing shopping carts from the local stores. This Committee will have its first meeting on January 12, 2011. 3. Agenda Review and Amendments. None. 4. Approval of Minutes Alderperson Mohlenhoff made a motion to approve the minutes, with corrections, from the September 29, 2010 meeting and the November 22, 2010 meeting. Seconded by Alderperson Rooker. Motion carried 3 -0. (Alderperson Clairborne was absent from the vote.) (Alderperson Clairborne arrived at 7:03 p.m.) City Administration Committee Meeting December 20, 2010 Page 2 5. Statements from the Public Nikki Sayward and Laurie Konwinski, both from Ithaca, spoke in support of the Sweat Free Purchasing Consortium. 6. Employee Comments. None. 7. Common Council Response Chairperson Coles stated that the City Attorney's Office continues to work on the Sweat Free Policy. 8. Workforce Diversity Advisory Committee (WDAC) Update HR Director Michell -Nunn reported that the Workforce Diversity Advisory Committee worked on the report to Common Council scheduled for February 2011. The WDAC also discussed providing support to department heads on their diversity plan report out. 9. Safety Committee Update. None. 10. Chamberlain's Office 1. Request for Refund of Penalty on Payment of Taxes Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhoff. WHEREAS, the final date to pay 2009 -2010 Ithaca City School taxes and 2010 City of Ithaca first and second installment taxes without additional substantial penalty was September 30, 2010, and WHEREAS, the owners of 507 -09 Cliff Street, 323 Hillview Place and 335 Spencer Road missed the final due date because of a death in the family, and WHEREAS, the owners of the referenced properties paid the taxes with the additional 1% penalty of $45.33 and an additional 15% penalty of $748.05 for a total additional penalty of $793.38 on October 4t ", and City Administration Committee Meeting December 20, 2010 Page 3 WHEREAS, they have requested a refund of the additional paid penalty, and WHEREAS, these circumstances do not fit within the allowed guidelines for the waiver of penalty on taxes as passed by Common Council; now therefore be it RESOLVED, the request for waiver of penalty is denied. Alderperson Clairborne made a motion to add a Whereas to note that the City cannot waive the penalty on taxes for the school district. Seconded by Chairperson Coles. Motioned carried 4 -0. Alderperson Clairborne made a motion to include in the Resolved the amount that is due to the City that is to be denied. Seconded by Alderperson Rooker. Motion carried 4 -0. Alderperson Clairborne made a motion to change the Resolved as follows: Resolved, the request for waiver of penalty due to the City of Ithaca is approved. The motion failed due to the lack of a second. A vote on the resolution as amended resulted as follows: Ayes (3): Coles, Mohlenhoff, Rooker Nays (1): Clairborne Motion passed 3 -1. 11. Ithaca Urban Renewal Agency (IURA) 1. Housing Fund, 2009 Funding Round - Convert Approved Loan Assistance to Grant Assistance for the Women's Community Building Redevelopment Project Moved by Alderperson Mohlenhoff. Seconded by Alderperson Rooker. WHEREAS, on November 22, 2010, Ithaca Neighborhood Housing Services, Inc. (INNS) requested reallocation of $75,000 in Housing Fund assistance awarded for the Women's Community Building Redevelopment project (Project) from the City Administration Committee Meeting December 20, 2010 Page 4 Housing Affordability Program to the Community Housing Trust Program, thereby converting loan assistance to grant assistance, and WHEREAS, the Housing Fund contains two separate funding programs to assist in the creation of affordable housing units, the Housing Affordability Program and the Community Housing Trust Program, and WHEREAS, the Housing Affordability Program provides loans for predevelopment costs of affordable housing projects and the Community Housing Trust Program provides grants for newly constructed or rehabilitated homes that will remain permanently affordable for future generations of buyers, and WHEREAS, pursuant to Common Council resolution of June 2, 2010, the City authorized its contribution to the Housing Fund to be used for the following uses 1. $30,000 for predevelopment loan assistance through the Housing Affordability Program to Ithaca Neighborhood Housing Assistance, Inc. for the Women's Community Building located at 100 W. Seneca Street, and 2. $70,000 for predevelopment loan assistance through the Housing Affordability Program to Tompkins Community Action, Inc. for the Magnolia House project located at 308 -320 N. Meadow Street, and WHEREAS, $30,000 of the $75,000 assistance awarded to the INHS Project were derived from City of Ithaca funds, and WHEREAS, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, and includes Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member Doug Dylla from the City, but that final funding decisions regarding expenditure of City funds shall be approved by the Common Council, and WHEREAS, the POC reviewed this request at their November 30, 2010 meeting and unanimously approved INHS's request, noting that the project will include a binding regulatory agreement requiring the housing to be affordable for a minimum of 50 years, and WHEREAS, the Women's Community Building project has already undergone environmental review through the site plan review process whereby the City of City Administration Committee Meeting December 20, 2010 Page 5 Ithaca Planning & Development Board determined that this project will result in no significant impact on the environment and issued a negative declaration for the project on February 9, 2010; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca endorses the Housing Fund Program Oversight Committee's recommendation and hereby modifies its approval per its June 2, 2010 resolution to authorize use of up to $30,000 of City funds contributed to the Housing Fund as grant assistance through the Community Housing Trust Program for the Women's Community Building redevelopment project located at 100 W. Seneca Street. A vote on the resolution resulted as follows: Passed unanimously. 2. Housing Fund, 2009 Funding Round, Authorize County /City /IURA Fiscal Agencx Agreement Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhoff. WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the "Housing Fund "), and WHEREAS, a Housing Fund Program Oversight Committee (POC) has been established to govern the Housing Fund made up of representatives from each funder, including Alderperson Maria Coles, Alderperson J.R. Clairborne and IURA Member Doug Dylla from the City, but that final funding decisions regarding expenditure of City MOU funds shall be approved by the Common Council, and WHEREAS, on June 2, 2010, the Common Council for the City of Ithaca authorized disbursement of $100,000 of City Funds for affordable housing projects, and Whereas, Tompkins County (County) desires to serve as fiscal agent for the Housing fund, and City Administration Committee Meeting December 20, 2010 Page 6 Whereas, the POC recommends that the County act as a single fiscal agent for the Housing Fund whereby the County would enter into an agreement with the City and Cornell University to administer the City's contribution to the Housing Fund, and WHEREAS, the Housing Trust MOU did not necessarily anticipate the formation of a fiscal agent for the Housing Fund to create single funding agreements with each recipient, but rather referenced that "each participating entity would have custody of and manage its individual contributions ", and "enter into an agreement for disbursement of funds to approved recipients based upon the template developed by the POC ", and WHEREAS, a proposed fiscal agency agreement, dated December 12, 2010, has been drafted to protect City interests but also provide for the County to enter into uniform funding agreements with recipients of Housing Fund assistance, and WHEREAS, environmental review was previously completed on February 9, 2010 and June 2, 2010 for use of City funds to be administered through the proposed Fiscal Agency Agreement; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the Mayor, subject to advice of the City Attorney, to enter into an agreement to administer the City's 2009 contribution to the Housing Fund that is substantially in conformance with the attached Fiscal Agency Agreement to Implement the Housing Fund Program Between the County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal Agency, dated December 12, 2010, and be it further RESOLVED, That the Mayor is further authorized, subject to advice from the City Attorney, to approve modifications to the proposed agreement recommended by legal counsel for any of the signatories. Alderperson Clairborne made a motion to amend the resolution as follows: Amend the first Resolved to read: RESOLVED, That the Common Council for the City of Ithaca hereby authorizes the Mayor, subject to advice of the City Attorney, to enter into an agreement to administer the City's 2009 contribution to the Housing Fund that is substantially in conformance with the attached, proposed Fiscal Agency Agreement to Implement the Housing Fund Program Between the City Administration Committee Meeting December 20, 2010 Page 7 County of Tompkins, the City of Ithaca and the Ithaca Urban Renewal Agency, dated December 12, 2010, and be it fupthen Delete the last Resolved. Seconded by Alderperson Mohlenhoff. Motion passed 4 -0. A vote on the resolution as amended resulted as follows: Passed unanimously. 3. Housing Fund, 2010 Funding Round - Authorize Disbursement of $70,000 Pursuant to an Executed MOU Moved by Alderperson Clairborne. Seconded by Alderperson Mohlenhoff. WHEREAS, the Housing Fund Program Oversight Committee (POC) met on November 29, 2010, to review applications for funding submitted in July 2010 and recommended funding for the following affordable housing projects from the Housing Fund, which is jointly capitalized by Cornell University, Tompkins County and the City of Ithaca: Applicant Program Project Dollar Amount Recommended Number of Units Location INHS Trust INHS Community $140,000 7 owner- City of Housing Trust: New (grant) occupied Ithaca, Construction /Substantial units scattered Rehabilitation sites Better Northwoods Housing Affordability Lansing Reserves $75,000 80 unit Drive, for (loan) Multi- Village of Tompkins family Lansing County , and WHEREAS, on April 1, 2009, the Common Council of the City of Ithaca authorized the Mayor to execute a Memorandum of Understanding (MOU) between the City of City Administration Committee Meeting December 20, 2010 Page 8 Ithaca, Tompkins County and Cornell University to develop, fund, and administer the Community Housing Affordability Program and the Community Housing Trust Program (Collectively known as the "Housing Fund "), and WHEREAS, on April 1, 2009, the Common Council further found that the most appropriate locations for new housing units assisted through MOU funds are project sites located within existing urbanized areas of the County, rather than in new growth nodes or other areas of the County, and WHEREAS, the Community Housing Affordability Program assists with pre - development costs associated with residential, and mixed -use real estate development projects primarily benefiting low- and moderate - income households, and the Community Housing Trust Program is a program designed to ensure that newly constructed or rehabilitated homes that are made available to low- and moderate - income households remain affordable to future generations of buyers, and WHEREAS, City funds committed to the Housing Fund are derived from Gateway Loan proceeds held by the Ithaca Urban Renewal Agency, and WHEREAS, the POC unanimously recommended the following funding plan to match funding sources with housing projects recommended for funding: Project Name Funding Sources Total Cornell University Tompkins County City of Ithaca INHS Community Housing Trust - scattered sites $70,000 $70,000 $140,000 BHFTC - Lansing Reserves $75,000 $75,000 Total Round #2 Allocation (2010) $75,000 $70,000 $70,000 $215,000 Round #1 Allocation (2009) $145,000 $100,000 $100,000 $345,000 Total Allocation $220,000 $170,000 $170,000 $560,000 Funds carried forward - round #3 1 $180,0001 $30,0001 $30,0001 $240,000 and, City Administration Committee Meeting December 20, 2010 Page 9 WHEREAS, the POC recommends that the City contribution be earmarked for the INHS Community Housing Trust project that will involve new construction and /or substantial rehabilitation to create 7 affordable, owner - occupied housing units located within the City of Ithaca at 524 -530 Chestnut Street (4 units), 507 Cascadilla Street (1 unit), 305 East Falls Street (1 unit) and 10 Hawthorne Place (1 unit); and WHEREAS, City of Ithaca funding is proposed to be used to fund construction and /or substantial rehabilitation of single family and two - family residences, which action qualifies as a Type II action listed at: • §176- 5(C)(8): "construction or expansion of a single - family, a two family, or a three family residence on an approved lot including provision of necessary utility connections as provided in Subsection C(10)," and • §176- 5(C)(2): "replacement, rehabilitation or reconstruction of a facility in kind on the same site, including upgrading buildings to meet building or fire codes," therefore, no further environmental review is required for this proposed action; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes expenditure of up to $70,000, pursuant to the Housing Fund MOU, to assist the INHS Community Housing Trust: New Construction /Substantial Rehabilitation project as recommended by the Housing Fund Program Oversight Committee, and be it further, RESOLVED, That such funds shall be derived from Gateway Loan Proceeds held by the Ithaca Urban Renewal Agency, and be it further, RESOLVED, That the Mayor is authorized, subject to advice of the City Attorney, to execute a fiscal agency agreement with Tompkins County to implement this resolution. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting December 20, 2010 Page 10 12. Attorney's Office 1. Request to Amend Personnel Roster Moved by Alderperson Mohlenhoff. Seconded by Alderperson Clairborne. WHEREAS, the current Assistant City Attorney has requested a reduction in the hours she works for the City of Ithaca and the City Attorney wishes to grant said request, and WHEREAS, the demands on the City Attorney's office necessitate backfilling for the reduced number of hours through hiring a temporary, part -time Associate Attorney, now therefore be it RESOLVED, That, effective January 10, 2011 Common Council hereby amends the 2011 Personnel Roster for the City Attorney's Office as follows: Delete: One (1) Assistant City Attorney (40 hours) Add: One (1) Assistant City Attorney (20 hours) Add: One (1) temporary Associate Attorney (20 hours) and be it further RESOLVED, That consistent with Civil Service Law, this temporary Associate Attorney position shall exist no more than twelve (12) months commencing from the date of appointment. A vote on the resolution resulted as follows: Passed unanimously. 2. Retirement Service Credit City Attorney Dan Hoffman and Controller Steve Thayer briefly mentioned that a police officer is trying to retire but is not able to due to a previous employer not enrolling the police officer in the New York State Retirement System. The City is researching what could be done to assist the employee without it being a liability to the City. City Administration Committee Meeting December 20, 2010 Page 11 13. Common Council 1. A Property Tax Cap Must Include Mandate Relief Moved by Alderperson Mohlenhoff. Seconded by Alderperson Clairborne. WHEREAS, the level of property taxation throughout New York State has reached levels that are considered too high, and WHEREAS, New York State is one of the states that imposes a high burden of inefficient mandates on municipalities, and WHEREAS, pension payments and health insurance costs, two of the largest components of every municipal budget over which local officials have little control have and continue to increase at exorbitant rates, and WHEREAS, pension costs from the State Retirement System will increase by an average of 40% in both 2011 and 2012, and WHEREAS, as a solution to New York's property tax crisis, the Governor of New York and the New York State Legislature will, in 2011, consider enactment of legislation imposing a cap on the annual growth in property taxes, and WHEREAS, a property tax cap will only work if it is simultaneously accompanied by a repeal of current state mandates that require local governments to increase spending and property taxes, and WHEREAS, a property tax cap without repeal of costly state mandates will, by definition, lead to drastic cuts in essential local services and dramatic layoffs of municipal employees, and WHEREAS, our State government has both consistently reduced State Aid to Municipalities and has failed to amend the formulas which place municipalities with significant percentages of tax exempt properties at a considerable disadvantage in how it raises the moneys needed for the delivery of essential services; now, therefore, be it City Administration Committee Meeting December 20, 2010 Page 12 RESOLVED, That the City of Ithaca Common Council, requests that the Governor of the State of New York, the members of the New York State Senate and New York State Assembly reform regulations for the cost drivers that account for high property taxes in New York State and find other methods for providing overdue property tax relief to the residents and businesses of New York State, and, be it further RESOLVED, That a copy of this resolution be forwarded to Governor Andrew Cuomo, State Senate Majority Leader John Sampson, State Senate Minority Leader Dean Skelos, Assembly Speaker Sheldon Silver, Assembly Minority Leader Brian Kolb, Senator Tom O'Mara, Assemblywoman Barbara Lif ton, and the New York State Conference of Mayors. A vote on the resolution resulted as follows: Passed unanimously. 2. Reallocation of City Clerk's Position Moved by Alderperson Clairborne. Seconded by Alderperson Mohlenhoff. WHEREAS, Common Council authorized the creation of a Public Information Division in the City Clerk's Office in the 2011 City of Ithaca budget, and WHEREAS, the implementation of the Public Information Division will result in a permanent and material change in the duties and responsibilities of the City Clerk, and WHEREAS, the additional duties and responsibilities that are being assumed by the City Clerk result in a change in the grade allocation of the position as determined by an updated point factor analysis of the position, and WHEREAS, funding for this grade reallocation was approved in the 2011 City Clerk's Office budget, now, therefore, be it RESOLVED, That the position of City Clerk be reallocated from Grade 3 to Grade 4 of the City of Ithaca Managerial Compensation Plan. City Administration Committee Meeting December 20, 2010 Page 13 A vote on the resolution resulted as follows: Passed unanimously. 14. Human Resources (HR) Department 1. Director's Report. HR Director Michell -Nunn reported on the following: Employee Recognition Program: An employee recognition program was held for City Hall employees. The program was well attended and was successful. NYS Retirement System: Representatives from the NYS Retirement System met one -on -one with City employees who are within 5 years of retirement. Information Sessions: Information sessions were held for the Flexible Spending Program and to update the employees on the Health Insurance Consortium. Health Insurance Consortium: The City was informed that the new health insurance cards and the prescription cards would not be delivered to members by January 1, 2011, as previously stated. A letter will be sent out to employees and retirees explaining how to get prescriptions, if needed, before the insurance cards arrive. The City encouraged insurers to fill prescriptions before January 1, 2011 using the current Excellus BC /135 insurance cards. 15. Finance /Controller 1. Controller's Report. Controller Thayer reported on the following: Sales Tax (2010): Currently, the collections are estimated to be about 4.4 % -4.7% or $165,000- $191,000 over 2009 collections. Fines (2010): Fines are scheduled to be about $100,000 to $120,000 over the budgeted amount of $176,000. Parking Revenues (2010): The City will be under budget about $200,000. City Administration Committee Meeting December 20, 2010 Page 14 Golf Course Revenues (2010): The City will be about $24,000 below the budgeted amount of $194,000. State Aid (2010): The City received on time the 2nd State Aid payment. To date the City has received $2,663,671, which is 6% less than 2009. Overtime (2010): The City will be over about $197,000 of the budgeted amount of $901,000. Health Insurance Cost (2010): The health insurance cost will exceed the 2010 budgeted amount. Health Insurance Consortium: The transition has not been smooth. The City has experienced a lot of problems. Pension: The City made its pension payment on December 15, 2010 in the amount of $2,155,286. The City saved $30,500 by making the payment early. Law Suit /Claims: The City has had law suits /claims that have caused the Attorney's contract line to go from $10,000 to about $95,000. Some of the cost may be recovered through the insurance carrier. 16. Reports 1. Mayor's Report. The Mayor reported on the following: City Website: The rollout of the City's website has been delayed to allow for more discussions on how to have a more diverse and inclusive website. 2. Sub- Committee Updates. None. 3. Council Members' Announcements. None. 4. Next Month's Meeting: January 26, 2011. City Administration Committee Meeting December 20, 2010 Page 15 18. Adjournment With no further business and on a motion by Alderperson Mohlenhoff, the meeting was adjourned at 8:42 p.m.