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HomeMy WebLinkAboutMN-CA-2012-11-01CITY ADMINISTRATION COMMITTEE Regular Meeting November 1, 2012 Members Present: Alderperson Brock, Alderperson Fleming, Alderperson Kerslick, Alderperson Proulx, Alderperson Clairborne Members Excused: Mayor Myrick Staff Present: Ari Lavine (City Attorney), Bill Gray (Superintendent of Public Works), Chuck Baker (Chief Water Plant Operator), Tom Parsons (Fire Chief), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Nels Bohn (IURA Director), Board of Fire Commissioners (Tom Hoard, George McGonigal, Dave Cornelius, Bill Gilligan), Members of the Public, Members of the Media Chairperson Clairborne called the meeting to order at 6:05 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Clairborne welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements. None. 3. Agenda Review and Amendments Chairperson Clairborne stated that Superintendent Bill Gray has requested that the following item be added to the agenda: Item 10.2 — DPW — Access Road Easement Agreement with NYSDOT. The Committee agreed that this item could be added to the agenda as requested by Superintendent Gray. 4. Approval of Minutes Alderperson Proulx made a motion to approve the minutes, with corrections, from the September 26, 2012 meeting of the City Administration Committee. Seconded by Alderperson Brock. Motion carried 4 -0 -1. ( Alderperson Kerslick abstained from the vote.) 5. Statements from the Public Drew Noden, President of Ithaca Festival, spoke about the Special Events Policy. He thanked City Clerk Holcomb and Alderpersons Proulx and Brock for assisting in creating the policy. Mr. Noden endorsed the proposed policy but expressed concern about the lack of clear guidelines Event Organizers could use to create a budget. Mr. Noden encouraged Common Council to put language in the policy that would provide guidance for Event Organizers on what to include when creating a budget for their event. City Administration Committee Meeting November 1, 2012 Page 2 Pat Ehrich, property owner in Ithaca, spoke about how the Ithaca Urban Renewal Agency (IURA) could better use its funds that are slated to the State Theatre of Ithaca, Inc. for the State North Community Center Project. Dave Cornelius, of Ithaca, talked about the dissolution of the Volunteer Fire Companies. Corinne Frantz, Village of Cayuga Heights resident and an Ithaca City School District taxpayer, spoke against the resolution to use Gateway Proceeds for loan assistance to State Theatre of Ithaca, Inc. for the State North Community Center Project. Frank Araneo, Village of Cayuga Heights resident, spoke against the approval of funds to the State Theatre of Ithaca, Inc. for the State North Community Center Project. Mr. Araneo encouraged Common Council to vet all alternatives for the development of this property to ensure maximum public benefit. Alderperson Proulx read for the record Jason Fane's letter on his position on the building he owns at 115 -117 N. Cayuga Street. This building is not on the market for sale and there are no agreements expressed or implied to sell this property to anyone. This property is available for rent. Mr. Fane encouraged Common Council not to tie up the City's assets for minor, short term advantages that sounds nice but at a huge cost. 6. Employee Comments. None. 7. City Administration Members Response Chairperson Clairborne expressed appreciation to the Ithaca Fire Department Personnel who went to New York City to help the people affected by Hurricane Sandy and mentioned that the Police Officer who was recently shot attended a budget meeting to support the budget of the Police Department. 8. Workforce Diversity Advisory Committee (WDAC) Update HR Director Schelley Michell -Nunn reported that the recipient for the Diversity & Inclusion Award has been identified and would be announced at the next Common Council meeting. 9. Mayor's Report. None. 10. Department of Public Works Addition of Water Treatment Plant Operator Title for the Water Treatment Plant Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca Department of Public Works Water & Sewer Division, Water Treatment Plant will have one operator, taking advantage of the City Retirement Incentive in December of 2012, and WHEREAS, this operator is the overnight shift operator and the need to create, fund, fill and train a replacement as close as possible prior to the retirement is an immediate need, and City Administration Committee Meeting November 1, 2012 Page 3 WHEREAS, using the recently filled float shift operator position to fill this vacancy is only a short term fix and leaves the plant short staffed again for operational coverage, maintenance capabilities and will result in an increase in overtime. The Water Plant is a 24/7 operation and having adequate staffing to cover for operations and maintenance is an essential need to assure proper production of water that will continue to meet state and federal requirements, and WHEREAS, funding for this new position is from within the existing 2012 budget, due to title and duty changes in 2012; the position was reviewed and approved through Vacancy Review on September 10, 2012, Civil Service Commission on September 12, 2012, and Board of Public Works on October 22, 2012. As part of the approval, this new title will be funded for 2012 and will remain on the roster unfunded for 2013 for an anticipated requirement for extra coverage and to reduce overtime; now, therefore be it RESOLVED, That Common Council approves this title and its requirements, and hereby creates the Water Treatment Plant Operator title /position with the corresponding funding at the City of Ithaca Water Treatment Plant. A vote on the resolution resulted as follows: Passed unanimously. 2. Access Road Easement Agreement with NYSDOT Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, the Board of Public Works has reviewed material from the city's consulting engineer for the water plant, O'Brien and Gere, showing the relocation of the driveway off Route 79 (Slaterville Road) which is designed to improve access to the city's water intake structure, and WHEREAS, that driveway relocation will intercept one of the New York State Department of Transportation's ( NYSDOT) highway drainage structures for Route 79 in a drainage easement, causing it to be extended out beyond the driveway, and has resulted in the NYSDOT requesting an extended easement on the city's watershed property for their drainage structure prior to their agreeing to the proposed change in their drainage structure, and WHEREAS, the Board of Public Works has recommended the extended easement be granted by Common Council, now therefore be it RESOLVED, That Department of Public Works staff and the City Attorney work with the consultant and the NYSDOT to obtain the necessary forms, drawings and agreements for the driveway relocation, and be it further RESOLVED, That Common Council grants the permanent drainage easement extension requested by the NYSDOT so that the city may improve the driveway to the city's raw water intake, and authorizes the Mayor to sign the necessary documents. City Administration Committee Meeting November 1, 2012 Page 4 A vote on the resolution resulted as follows: Passed unanimously. 11. Fire Department Status of Volunteer Companies with No Active Members Resolution — To Inactivate and dissociate Ithaca Volunteer Fire Companies with no active members from the Ithaca Fire Department Moved by Alderperson Kerslick. Seconded by Alderperson Proulx. WHEREAS, there currently are 8 volunteer Fire Companies, authorized by the City Charter to operate under the oversight of the Ithaca Board of Fire Commissioners in providing fire services as part of the Ithaca Fire Department, and WHEREAS, per the City Charter — Section C -96. Powers and duties of Board, it is the duty and responsibility of the Board of Fire Commissioners to organize new companies and to disband any Department company, subject to the approval of the Common Council, and WHEREAS, the Board of Fire Commissioners has acted to transfer all active volunteer members of the Ithaca Fire Department, who are not already members of Neriton Company 9 into said company; now, therefore be it RESOLVED, That the following 7 volunteer companies, which no longer have active members volunteering with the Ithaca Fire Department: Company 1 — Cayuga Hose, Company 2 — Rescue Steamer & Chem, Company 3 — Tornado Hook and Ladder, Company 4 — Eureka Patrol, Company 5 — Torrent Hose, Company 6 — Sprague Steamer and Hose, and Company 7 — Cataract Hose will, upon approval of the Common Council of the City of Ithaca, be disbanded, or failing that dissociated, from the Ithaca Fire Department as Volunteer Fire Companies, and are no longer to be considered part of the Ithaca Fire Department; as such, these companies shall no longer be approved by the Board of Fire Commissioners to recruit individuals to be active members of the Ithaca Fire Department or to engage in the prevention and extinguishment of fires, and be it further RESOLVED, That any issues regarding 2% funds that were distributed previously to these 7 Volunteer Companies, will be handled per law and regulation, as specified by the N.Y. State Comptroller's Office if timely so specified, and be it further RESOLVED, That the Board wishes to recognize the debt owed to those who are currently members of these companies for their current and past service to their Companies and to the Community, and it is with a profound sense of humility and reluctance that the Board takes these actions, but it does so with the belief that these changes will provide the greatest opportunity for enhancing and continuing the long tradition of volunteer fire service to the community. After discussion, Alderperson Kerslick made a motion to changed the last Resolved as follows: Resolved, That the Common Council joins with the Board of Fire Commissioners wishes in City Administration Committee Meeting November 1, 2012 Page 5 recognizing the debt owed to those who are currently members of these companies for their current and past service to their Companies and to the Community, and it is with a profound sense of humility and reluctance that the Common Council takes these actions, but it does so with the belief that these changes will provide the greatest opportunity for enhancing and continuing the long tradition of volunteer fire service to the community. Seconded by Alderperson Brock. Motion carried unanimously. A vote on the main resolution as amended resulted as follows: Passed unanimously. 12. Ithaca Urban Renewal Agency (IURA) Approve use of Gateway Proceeds for loan assistance to State Theatre of Ithaca, Inc. for the State North Communitv Center Proiect Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. WHEREAS, on September 7, 2012, State Theatre of Ithaca Inc. (STI) applied to the Ithaca Urban Renewal Agency (IURA) for $400,000 of loan assistance for a $1.35 million project to acquire the former Masonic Temple building to renovate and operate it for "State North Community Center" (SNCC) located at 115 -117 N. Cayuga Street, Ithaca, NY, and WHEREAS, STI seeks to induce the property owner to sell the 115 -117 N. Cayuga Street property by submitting a $1 million cash purchase offer, and WHEREAS, the project is intended to benefit the community as well as generate income over the long -term to enhance the financial sustainability of STI, the owner of the State Theatre, and WHEREAS, the proposed SNCC is further intended to, in part, address a shortage of community meeting and assembly space in the community resulting from the sale and demolition of the Women's Community Building that in 2008 hosted over 80 uses of its auditorium and over 120 uses of its meeting room, and WHEREAS, the building is proposed to be leased to a variety non -profit organizations, including the New Roots Charter School (New Roots) as the anchor ground floor tenant, provide a performance/ assembly space to be managed by the STI for community and performance use when not being utilized by New Roots, provide nonprofit organization office space and access to the New Roots kitchen for community use, and WHEREAS, the pr $1,000,000 $250,000 $26,000 $74,000 $1,350,000 oposed uses of project funds are: property acquisition renovations property taxes working capital Total, and City Administration Committee Meeting November 1, 2012 Page 6 WHEREAS, the proposed sources of project funds are: $500,000 Park Foundation loan $400,000 IURA loan $250,000 Bank loan $200,000 TCAD loan $1,350,000 Total, and WHEREAS, all non -bank project debt is structured as interest -only debt payments with balloon payments due at various times, and WHEREAS, the proposed project does not create affordable housing or commit to create jobs, so the project is not eligible for funding assistance from CDBG, HOME or HODAG funds administered by the IURA, and WHEREAS, the project is an eligible use of Gateway proceeds (current approximate balance $447,000), administered by the IURA subject to Common Council approval, but $100,000 per year of Gateway proceeds are earmarked as contributions to the Housing Fund to support affordable housing, so only short-term, low -risk use of Gateway proceeds is appropriate, and WHEREAS, the project is an eligible use of UDAG and other non -HUD funds administered by the IURA, but the total amount of such funds available is only approximately $200,000, and WHEREAS, STI proposes to repay IURA principal on the following schedule: $250,000 will be repaid after 2 years $150,000 will be repaid after 3 years $400,000 WHEREAS, the anchor tenant lease covers 87% of projected operating expenses, including interest -only debt service payments, and WHEREAS, STI plans to retire project debt through a capital campaign with guidance from West Wind Consulting Strategies in Fundraising, LLC pay principal, and WHEREAS, after two years the project is projected to have accumulated cash flow of approximately $120,000, an amount insufficient to meet the principal repayment schedule to the IURA unless the capital campaign is successful thereby requiring substantial loan security to ensure timely repayment for a short-term loan, and WHEREAS, the former Masonic Temple building is a locally designated landmark building, located within the Urban Renewal Area Plan map, that has remained largely vacant for over ten years, and WHEREAS, the acquisition, renovation and utilization of the highly visible and historically significant building at 115 -117 N. Cayuga Street furthers the Urban Renewal Plan's objective to improve the social, physical and economic characteristics of the Plan's neighborhoods, and City Administration Committee Meeting November 1, 2012 Page 7 WHEREAS, the project will convert a taxable building to tax - exempt status reducing City property tax revenues by approximately $8,500 annually, and WHEREAS, making the auditorium and kitchen facility available for community use is a public benefit that may compensate for the reduction in property tax revenues, and WHEREAS, at their September 27, 2012 meeting the IURA approved a loan subject to the following terms: Borrower: State Theatre of Ithaca, Inc., or an affiliated entity Loan Amount: Up to $400,000 Sources of Funds: Gateway Proceeds: $250,000 UDAG & non -CDBG funds: $150,000 Project: Acquisition, renovation, and operation of the former Masonic Temple building for the State North Community Center at 115 -117 N. Cayuga Street, Ithaca, NY Total Project Cost: Projected Use of IURA Funds: Term: Interest Rate: $1,3500,000 Property acquisition 3 years 2% annually Repayment: Interest -only payments due with $250,000 principal payment due on the 2nd year anniversary and $150,000 principal payment due on the 3rd year anniversary of the loan Security: 1. Personal guarantee of Mack Travis and/or other persons of sufficient net worth and liquidity to repay the loan in the event of a default as evidenced by submission of a satisfactory personal financial statement as determined by the IURA Chairperson. 2. Assignment of a total of $400,000 face value life insurance from guarantor(s) securing the loan Job Creation Requirement: None Conditions: 1. City of Ithaca Common Council approval for use of City Administration Committee Meeting November 1, 2012 Page 8 Gateway Funds; 2. Submission of written funding commitments for match funding totaling at least $900,000; and 3. Submission of anchor lease commitment consistent with assumptions contained in the loan application. Reporting: 1. Annual submission of profit & loss statement for the State North Community Center 2. Annual submission of inventory of community use of the auditorium and kitchen now, therefore, be it RESOLVED, That City of Ithaca Common Council hereby authorizes the IURA- proposed use of up to $250,000 of Gateway Proceeds to provide loan assistance for the State North Community Center project at 115 -117 N. Cayuga Street. A vote on the resolution resulted as follows: Passed unanimously. 2. EPA Brownfield Cleanup Grant Application for the Ithaca Falls Overlook Site Moved by Alderperson Proulx. Seconded by Alderperson Brock. WHEREAS, the City of Ithaca and Ithaca Urban Renewal Agency (IURA) have been working with the property owner and a housing developer to remediate and redevelop the environmentally contaminated former Ithaca Gun factory site located at 121 -125 Lake Street, Ithaca, NY for redevelopment of a 45 -unit housing project and a linear public park providing views of the Ithaca Falls, and WHEREAS, as part of this effort the City accepted ownership of the Ithaca Falls Overlook site, an approximately 1 -acre parcel adjoining the former factory that will be developed as a public park, and WHEREAS, the City was awarded a grant of $700,200 through the New York State Environmental Restoration Program (ERP) to define the nature and extent of environmental contamination on this site and cleanup the site, and WHEREAS, preliminary site investigation results suggest that additional resources may be necessary to complete the investigation and site cleanup to a standard expected by the community, and WHEREAS, New York State grant programs to cleanup brownfield sites are not accepting any new funding applications, and City Administration Committee Meeting November 1, 2012 Page 9 WHEREAS, the US Environmental Protection Agency (EPA) has announced the availability of funding through the Brownfield Cleanup Grants program with a submission deadline of November 19, 2012, and WHEREAS, EPA expects to award an estimated 73 cleanup grants for approximately $14 million, and WHEREAS, the EPA grant requires a 20% cost share in the form of a contribution of money, labor, material, or services from a non - federal source, and that the applicant be the owner of the brownfield parcel, and WHEREAS, the New York State ERP grant awarded to the City qualifies as match funding for the EPA grant, therefore no additional match funds are required for the EPA grant, and WHEREAS, the IURA has authorized funding for preparation of an EPA grant application for the Ithaca Falls Overlook site and committed staff resources to administer the grant; now, therefore be it RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to submit an EPA Brownfields Cleanup Grant application for the City -owned Ithaca Falls Overlook site, and be it further RESOLVED, That should the grant be awarded to the City of Ithaca: 1. the Mayor is authorized, upon the advice of the City Attorney, to execute any and all agreements to accept the grant; 2. Capital Project #768 - Ithaca Falls Overlook Investigation and Remediation — shall be increased up to an amount equal to the grant award, but not to exceed $400,000; 3. funds needed for said Capital Project shall be derived from the issuance of bonds or the advance from the General Fund with later repayment from the US Environmental Protection Agency; and 4. the Ithaca Urban Renewal Agency is hereby authorized to administer and implement the EPA Brownfields Cleanup Grant. A vote on the resolution resulted as follows: Passed unanimously. 13. Clerk's Office 2013 Special Events Policy Moved by Alderperson Brock. Seconded by Alderperson Proulx. WHEREAS, The Special Events Subcommittee of the City Administration Committee was tasked to review and revise the Special Events Policy for implementation in 2013 in order to reduce pressure on departmental budgets in the face of anticipated loss of available staff and City Administration Committee Meeting November 1, 2012 Page 10 resources to support special events, and allow event organizers to structure events and budgets (as practicable) to include the costs and responsibilities historically borne by the City, and WHEREAS, The City recognizes that special events are an important facet of the overall vitality of the City and holds a significant role in bringing people of the community together, enhances Ithaca's quality of life and draws tourists to the area, and WHEREAS, A special event is defined in § 132 -7 of the City Code as an event requiring three or more of the following permits: noise, assembly and parade, street closures, vending, alcohol, use of parks or city property; and WHEREAS, The Subcommittee has met regularly over the last eight months and had the participation and input of City staff, the Special Events Team, event organizers, members of the community, the Tompkins County Tourism Program, members of the Parks Commission and the Board of Public Works, and WHEREAS, Recommended changes to the Special Event Application, review and management process in 2013 include • Semi - annual strategic planning meetings held in February and October during annual policy review, to better coordinate and proactively foster event planning as well as make adjustments to the program in order to achieve goals • Special Event Applications will be expanded to include a description of the event's community benefits, impacts on city resources, volunteer management plan, resource mitigation plan, and set - up/break -down plan and schedule • Fees for use of City property and staff for specified event - related expenditures • Review appropriate use of private security consistent with City responsibilities to maintain public safety and in balance with practicable utilization of IPD resources • Institute pre- and post -event inspection by DPW staff to identify and document event - related damage and initiate reimbursement claims for repairs now, therefore be it RESOLVED, That Common Council hereby approves the following recommendations of the Special Events Subcommittee and adopts the following policies and fees effective January 1, 2013: Special Events Policy for 2013: 1. The City will approve only one special event that requires City resources per calendar day; 2. Any private security company used in an event must provide proof that all guards are certified and the company is licensed, bonded and insured; 3. Special event applications will not be considered for days that are deemed holidays for City employees if City employees are required for the event; City Administration Committee Meeting November 1, 2012 Page 11 4. Applications for parades, in addition to walking, running, and biking events will only be considered for City- approved courses, provided that adequate resources such as law enforcement, traffic control and public works are provided for; 5. Individual Special Events using multiple locations simultaneously will be considered individual events and are subject to prior approval by the Mayor (except for events which utilize both the Commons and DeWitt Park such as Ithaca Festival, Apple Harvest Festival /First People's Festival); 6. The City reserves the right to deny Special Events applications. Applicants may appeal decisions of the Special Events Team to the Mayor; 7. Events with unpaid financial obligations to the City will not be considered for future events; 8. This policy will be reviewed annually by Common Council. 2013 Organizer Costs and Fees • All required permit fees as defined by City code and Special Events Team • Fees will be applied for use of DPW work crews to set -up, break -down, relocate city equipment, and repair City facilities as follows: o 2012 DPW costs for labor and equipment is $70 per hour, overtime is 1.5 ■ Non - routine duties include (but are not limited to) moving of bleachers, collection and disposal of trash, delivery and removal of event equipment. • Cost to post and remove a street block "No Parking" is $44/hr • Cost to deliver /pick up barricades is $35 /hr • Organizer shall be responsible for trash collection. Bagged trash can be picked up by the DPW with the purchase of special event trash bags at a cost of $4.00/bag. • Fees may be applied for IPD costs as determined by the Special Events Team o 2012 IPD costs for labor and equipment is $72.50 per hour, overtime is 1.5 • Park and facility rental fees as per existing City policies and as specified below: o Rental fees for use of the East Lawn, Flag Lawn and West Lawn of Stewart Park shall be $20/hour for each area • Rental fees shall be charged for use of park facilities and pavilions during set up, event and break down time • Rental fees shall be charged during operating hours of the park • All event - related materials, tents and porta potties must be removed from site by 9am the next day to avoid application of rental fees for that day • Rental costs for signage, and replacement costs for lost or damaged barricades, bleachers or cones shall be applied • Failure to provide agreed upon volunteers at days /times promised in application will result in: o Responsibility for costs incurred by the City for substitute services o $200 fine for non performance o Possible event cancellation if public safety is jeopardized • Failure to break down or clean up per committed timeline promised in application will result in: o Responsibility for costs incurred by the City for substitute services City Administration Committee Meeting November 1, 2012 Page 12 o $200 fine for non performance The Committee thanked Alderperson Brock for all of her efforts in getting this resolution here. A vote on the resolution resulted as follows: Passed unanimously. 14. Human Resources (HR) Department Director's Report. HR Director Michell -Nunn reported on the following: Excellus BC /BS & ProAct Information Sessions: There will be information sessions on November 7, 2012 and December 5, 2012. At the sessions, Excellus BC/BS and ProAct will talk about the upcoming changes. Flu Shot Clinic: Sixty -six (66) employees participated in the Flu Shot Clinic that was held on October 18, 2012. Employees' Recognition Program (City Hall): The Recognition Program for City Hall employees will be held on December 5, 2012. 15. Finance /Controller's Office Controller's Report. Controller Thayer reported that the Common Council packet will include resolutions for the 2013 Budget, Joint Activity and Property Tax Cap. 16. Adjournment With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 9:05 p.m.