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HomeMy WebLinkAboutMN-CA-2013-10-01CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. October 23, 2013 PRESENT: Alderperson Proulx — Chair Alderpersons (4): Brock, Clairborne, Fleming, Kerslick Mayor Myrick OTHERS PRESENT: City Attorney — Lavine Assistant Superintendent - Whitney Human Resources Director — Michell -Nunn Controller - Thayer Deputy Controller — Andrew IURA Executive Director - Bohn Alderpersons — McCollister, Murtaugh, Smith 1. Call to Order 1.1 Agenda Review: Chairperson Proulx stated that the following item has been added to the agenda: 3.5 — DPW - Request Funding for Engineering Services Agreement for Design Bar Screen and Biosolids Dewatering Equipment and other miscellaneous improvements to the Influent Building and prepare bid documents for same. 1.2 Review /Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes, with corrections, from the September 25, 2013 meeting of the City Administration Committee. Seconded by Alderperson Clairborne. Motion carried 4 -0. (Alderperson Fleming was absent from the vote.) (Alderperson Fleming arrived at 6:05 p.m.) 1.3 Statements from the Public Joanna Green and Diana Ojeda read a letter from a group of people regarding their support for the Community Gardens. Cynthia Yahn, of Ithaca, wanted to dispel some misinformation. Ms. Yahn spoke against the lease and stated that there were other alternatives. Ms. Yahn's company has offered to relocate the Community Gardens and asked the City to please listen to the option holders' comments. Ms. Yahn stated that the option holders have not had a fair shake in the discussion of the new lease; especially since they have not been invited to any of the discussions that have taken place. She talked a little about legal ramifications. Sheryl Swink, of Ithaca, finished reading the letter started by Joanna Green & Diana Ojeda. This part of the letter listed the names of the individuals who supported the Community Gardens. City Administration Committee Meeting October 23, 2013 Page 2 Alderperson Proulx read into the records a letter from William J. Foster IV. Mr. Foster is an attorney, writing on behalf of Building Links, Inc. Mr. Foster asked that the consideration of an extension or renewal of the lease be tabled by the City Administration Committee in light of what he talks about in his letter. Dan Hoffman, of Ithaca, talked about a documentary film that is being shown in Ithaca. The film talks about hunger in the United States and the organizations that are interested in fighting against hunger in the USA. Mr. Hoffman encouraged the Committee to approve a long term lease with the Community Gardens where people can grow their own food. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Standing Sub - Committee and Staff Reports. None. 3. City Administration, Human Resources, and Policy 3.1 Attorney's Office — Community Gardens — An Ordinance Approving a Lease of City -owned Property Moved by Alderperson Kerslick. Seconded by Alderperson Proulx. ORDINANCE -2013 An Ordinance Approving a Lease of City -Owned Property WHEREAS, the City of Ithaca /Ithaca Urban Renewal Agency (IURA) executed a Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land zoned 1 -1 located in Carpenter Business Park (CBP), which gave Building Links, Inc. an option (the "Option ") to purchase Carpenter Business Park Tax Parcel 36.- 1 -3.4, which Option was subsequently defined in a 2002 agreement; WHEREAS, the City leased CBP Tax Parcel 36. -1 -3.4 to Project Growing Hope, Inc. for a twenty -year term expiring on December 31, 2013 for use as a community garden; WHEREAS, the City of Ithaca and Project Growing Hope Inc. collaborated to raise the necessary funds for the creation of a community garden at CBP Tax Parcel 36- 1 -3.4; WHEREAS, the City of Ithaca, in anticipation of future development invested over $500,000 to build the infrastructure necessary for commercial development in the former Carpenter Business Park; WHEREAS, included in the sale of Carpenter Business Park was a purchase option of the City owned parcels leased by Project Growing Hope, Inc., which option could only be exercised during the term of the lease with the approval of Project Growing Hope, Inc.; City Administration Committee Meeting October 23, 2013 Page 3 WHEREAS, upon expiration of the lease, said option could be exercised if the Common Council decided not to extend or renew the lease with Project Growing Hope, Inc.; WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate location for economic development; WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its intent to exercise the purchase option, said exercise effective only in the event that Project Growing Hope, Inc. is not in possession of an executed lease effective January 1, 2014; WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the lease; WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City residents; WHEREAS, General Municipal Law Section 96 recognizes that allowing City -held lands to be used for community gardening is a valid exercise of municipal powers and grants the City the right to make such lands available for community gardening for such period of time and under such conditions as it determines; WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden; WHEREAS, the Common Council resolved that the City's renewed agreement with Project Growing Hope Inc. would include specific conditions that, when all met, would allow early termination of the lease: • Final Site Plan approval by the City of Ithaca Planning Board for the development of the lands comprising the Carpenter Business Park, of which the parcel leased to Project Growing Hope, Inc. is included, and; • A signed agreement with the developer for above - mentioned Site Plan that provides the City with an easement for a future public roadway that would connect Cascadilla Street to Third Street, through the proposed project site, in order to facilitate and safely manage traffic impacts of additional development in the vicinity, and; • Successful negotiations between the City and the developer for an agreed upon cost to be paid by the developer and to be solely used by the City for relocation, construction, and the establishment of a management framework for a substitute garden, and; • If relevant, submission of written notice of optionee's intent to exercise the option to acquire the Community Garden parcel pursuant to the "Option to Purchase Real Property" agreement between the City of Ithaca and Building Links, Inc., dated February 2002; WHEREAS, Upon further discussion and consideration of a proposed lease, the City Administration Committee has indicated its preference that the Common Council authorize the execution of a lease without the specific terms and conditions for early termination contained in the September 19, 2012 resolution; and, City Administration Committee Meeting October 23, 2013 Page 4 WHEREAS, the City of Ithaca and Project Growing Hope Inc. acknowledge that relocating the community gardens in the future to an, as of yet, undetermined site or sites will require additional funding that may exceed what only one party may be able to raise on its own; BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. General Municipal Law Section 96 recognizes that allowing community gardening on suitable City -held lands is a valid exercise of municipal powers, and authorizes the City to allow individuals, community organizations, and groups to use such lands for community gardening under such terms and conditions as determined by the City. Section 96 further provides that the City may charge certain fees or provide certain services at cost for allowing such community gardening. The Common Council desires to continue to allow Project Growing Hope, Inc. to operate the existing community garden at the Carpenter Business Park at the present time. The Common Council makes the following findings of fact: A. The portion of the Carpenter Business Park currently used for a community garden continues to be an appropriate location for such use at the present time. B. Renewing the lease to Project Growing Hope, Inc. for the continuation of the currently- existing community garden on a portion of the Carpenter Business Park benefits the City and its residents, provided that the lease contains terms and conditions protecting the City's interests in the use of the parcel, including but not limited to appropriate provisions for the termination of the lease by the City. C. Renewing said lease will provide broad, equal- access availability to community gardening for the public. Section 2. Approval and Execution of Lease. The Common Council repeals the terms and conditions for early termination specified in its September 19, 2012 resolution. The Common Council approves of the attached renewed lease agreement granting Project Growing Hope, Inc. continued use of a portion of Carpenter Business Park as a community garden, and authorizes and directs the Mayor to execute the attached renewed lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden. Section 3. Effective Date. This ordinance shall take effect immediately upon publication of the notice as provided in the City of Ithaca Charter. After discussion, Alderperson Brock made a motion to table this resolution for one month or until the next City Administration Committee until more information could be obtained about the terms and conditions of the use of the federal funds that purchased the Carpenter Business Park. Seconded by Alderperson Clairborne. A vote on this motion resulted as follows: Ayes (2): Brock, Clairborne Nays (3): Fleming, Kerslick, Proulx City Administration Committee Meeting October 23, 2013 Page 5 Motion failed 2 -3. Alderperson Brock made a motion to remove the 3rd Whereas in the Ordinance. The motion failed due to the lack of a second. Alderperson Brock made a motion to remove Sections 1.A, B & C (the Findings of Fact) of the Ordinance. Seconded by Alderperson Fleming. After City Attorney Lavine suggested that some language should be included in the Findings of Fact section, Alderperson Brock revised the motion to remove only Sections 1.A and C of the Ordinance. Seconded by Alderperson Fleming. After further discussion, Chairperson Proulx suggested to Alderpersons Brock and Fleming to consider addressing A, B and C separately as opposed to eliminating A & C together. They were both agreeable to his suggestion. Alderperson Brock made a motion to remove Section 1.A of the Ordinance. Seconded by Alderperson Fleming. The vote on the motion resulted as follows: Ayes (3): Brock, Clairborne, Fleming Nays (2): Kerslick, Proulx Motion passed 3 -2. Alderperson Brock made a motion to remove Section 1.0 of the Ordinance. Seconded by Alderperson Fleming. Alderperson Kerslick made a motion to amend Section 1.0 of the Ordinance to read: Renewing said lease will provide availability to community gardening for the public. Seconded by Alderperson Proulx. A vote on the amendment of Section 1.0 of the Ordinance passed unanimously. Alderperson Brock made a motion to remove the modified Section 1.0 of the Ordinance. Seconded by Alderperson Clairborne. A vote on the motion to remove the modified Section 1.0 resulted as follows: Ayes (3): Brock, Clairborne, Fleming Nays (2): Kerslick, Proulx Motion passed 3 -2. A vote on the amended Community Gardens' Ordinance with the amended Option A resulted as follows: Ayes (4): Clairborne, Fleming, Kerslick, Proulx Nays (1): Brock City Administration Committee Meeting October 23, 2013 Page 6 Motion passed 4 -1. The Committee wanted to make sure that the Community Gardens' Ordinance that was just passed was the Community Gardens' Ordinance with Option A. To do this, Alderperson Clairborne made a motion to re -open the discussion on the Community Gardens' Ordinance. Seconded by Alderperson Fleming. Motion passed unanimously. Alderperson Kerslick made a motion to move the Community Gardens' Ordinance with (or to include) Option A in the lease. Seconded by Alderperson Fleming. A vote on the Community Gardens' Ordinance with Option A in the lease resulted as follows: Ayes (4): Clairborne, Fleming, Kerslick, Proulx Nays (1): Brock Motion passed 4 -1. Alderperson Kerslick made a motion to move the Community Gardens' Ordinance, as amended, with the amended lease. Seconded by Alderperson Fleming. A vote on the amended Community Gardens' Ordinance, with the amended Option A in the lease resulted as follows: Ayes (3): Fleming, Kerslick, Proulx Nays (2): Brock, Clairborne Motion passed 3 -2. 3.2 Common Council — Housing Fund, Funding Round #7 — Authorize Disbursement of $75,000 Pursuant to an Executive MOU Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. Whereas, pursuant to an executed MOU, the Program Oversight Committee for the Cornell /City /County Housing Fund recommends that the City of Ithaca approve funding assistance for the following affordable housing project: $75,000 Amici House project, predevelopment loan to conduct feasibility analysis for a 12 -15 unit supportive rental housing project for homeless young persons including an on -site child care center /Early Head Start classroom at 661 -665 Spencer Rd., Tompkins Community Action, and Whereas, the Housing Fund Program Oversight Committee (POC) met on June 19, 2013, to review recommendations from the Application Review Committee of round #7 funding applications for new affordable housing projects, and City Administration Committee Meeting October 23, 2013 Page 7 Whereas, the City of Ithaca is represented on the POC by Alderperson J.R. Clairborne, Alderperson Chris Proulx, and Doug Dylla, past member of the Ithaca Urban Renewal Agency (IURA), and Whereas, the Housing Fund was established in 2009 by Memorandum of Agreement (MOU) as a six -year program between and among the City of Ithaca, Tompkins County and Cornell University to raise and award funds to increase the supply of permanently affordable housing in the County, and Whereas, the Common Council determined that City contributions to the Housing Fund should be used to assist projects located within the City of Ithaca, and Whereas, City funds committed to the Housing Fund are derived from Gateway Loan proceeds that originated from sale of City -owned land for the Eddygate project, and are held by the IURA, and Whereas, a total of up to $500,000 from the Housing Fund is available to award in round #7 as follows: Funding Awards Funding Sources ($1,OOOs) Total Cornell University Tompkins County City of Ithaca Annual Funds Pledged 200 100 100 400 Round #1 (2009) 145 100 30 275 Round #2 (2010) 75 70 70 215 Round #3 2011 100 100 0 200 Round #4 2011 0 0 30 30 Round #5 (2012) 0 0 0 0 Round #6 (2012) 420 130 230 780 Totals Awards to Date 740 400 360 1,500 Funds Available for Round #7 260 100 140 500 and, Whereas, the POC recommends round #7 funding of $375,000 for three affordable housing projects, and Round #7, Housing Fund - Recommended Funding Awards # Afford. Funding $1,OOOs) Cornel Count City I Total Applicant Project Units Location Ithaca Scattered 7 (C)Ithaca Neighborhoo Site New owner- -402S. 210 0 0 210 d Housing Constructio occupie Cayuga Services n d -214 City Administration Committee Meeting October 23, 2013 Page 8 Whereas, providing funding to conduct feasibility analysis for a proposed housing project is a type II action under SEQR /CEQRO provided the funding does not commit the agency to commence, engage in or approve the housing project, therefore no environmental review is required for this action, and Resolved, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $75,000 for the Amici House project to conduct feasibility analysis, and be if 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. 3.3 Amendment to Personnel Roster - DPW (Water and Sewer Division) Moved by Alderperson Clariborne. Seconded by Alderperson Kerslick. WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of Utilities Systems Location Technician will occur during the summer of 2014, and WHEREAS, the Utilities Systems Location Technician is a specialized position that requires significant field training, and WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the Utilities Systems Location Technician for City of Ithaca DPW Water & Sewer Division on October 2, 2013, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has budgeted to provide for this position in the 2014 proposed budget, and Second St. -203 Third St. Tomkins (C)Ithaca County Amici 12 -15 -661 & 665 0 0 75 75 Action House rental Spencer Rd 3 (T)Danby Peterson/ White -Rt. 96B/ Seven Hawk owner- 0 90 0 90 Circles LLC Ecovillage Gunderma dOCCUpie n Rd Totals 22 -25 210 90 75 375 Whereas, providing funding to conduct feasibility analysis for a proposed housing project is a type II action under SEQR /CEQRO provided the funding does not commit the agency to commence, engage in or approve the housing project, therefore no environmental review is required for this action, and Resolved, that the Common Council for the City of Ithaca hereby authorizes an expenditure of up to $75,000 for the Amici House project to conduct feasibility analysis, and be if 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. 3.3 Amendment to Personnel Roster - DPW (Water and Sewer Division) Moved by Alderperson Clariborne. Seconded by Alderperson Kerslick. WHEREAS, the Water and Sewer Division anticipates that a vacancy in the position of Utilities Systems Location Technician will occur during the summer of 2014, and WHEREAS, the Utilities Systems Location Technician is a specialized position that requires significant field training, and WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the Utilities Systems Location Technician for City of Ithaca DPW Water & Sewer Division on October 2, 2013, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has budgeted to provide for this position in the 2014 proposed budget, and City Administration Committee Meeting October 23, 2013 Page 9 WHEREAS, the City of Ithaca as an owner and operator of underground facilities and utilities is required to provide underground facility and utility location and mark -out in response to Dig Safely New York requests in compliance with NYS law, Public Service Law 119 -b Protection of Underground Facilities and General Business Law Article 36 sections 760 -767, and WHEREAS, the Water and Sewer Division needs to fill the Utilities Systems Location Technician position a minimum of six (6) months in advance of the actual vacancy to allow for adequate training and a smooth transition, now, therefore, be it RESOLVED, That the Personnel Roster of the Water and Sewer Division of the Department of Public Works be amended by adding a second position of Utilities Systems Location Technician with an effective date of January 1, 2014, and be it further RESOLVED, That upon the resignation of the current Utilities Systems Location Technician, the position vacated through resignation shall be abolished effective on the employee's resignation date, and be it further RESOLVED, That the second position of Utilities Systems Location Technician is funded in the 2014 budget for a total of six months and any extension to that timeframe will require additional Common Council action. A vote on the resolution resulted as follows: Passed unanimously. 3.4 Amendment to Personnel Roster - DPW Water & Sewer Division Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level engineering position to meet the demands of the ever increasing complexity of the technology associated with the sustainable, efficient, and cost effective management of the Cities Water & Sewer Infrastructure, and WHEREAS, The City of Ithaca DPW Water & Sewer Division has need of a higher level engineering position to facilitate the present work load and future work plans in order to provide adequate levels of capital construction project management, design, and engineering oversight, both in support of the Divisions daily operations, maintenance, repairs, and in our capital improvement projects, and WHEREAS, the demand for a higher level of Engineering technical support within the Division has significantly increased with the $37M Water Supply Project for the rebuilding of the Water Treatment Plant and rehabilitation of associated water production and storage infrastructure; our continuing capital projects at the wastewater treatment plant in our transition to an energy producing resource recovery facility; and in the engineering and planning of economically and energy sustainable asset management for the maintenance and replacement of our water distribution and wastewater collection systems, and City Administration Committee Meeting October 23, 2013 Page 10 WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division currently has the funded Title of Assistant Civil Engineer on the roster, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has need of the Title of Civil Engineer on the roster, and WHEREAS, the City of Ithaca Department of Public Works Water and Sewer Division has budgeted to provide for this position in both the 2013 budget and the 2014 proposed budget, and WHEREAS, the Civil Service Commission approved the New Position Duties Statement for the Civil Engineer for City of Ithaca DPW Water & Sewer Division on July 10, 2013, now, therefore, be it RESOLVED, That effective December 1, 2013 the Personnel Roster of the DPW Water & Sewer Division be amended as follows: Delete: (1) Assistant Civil Engineer, Salary Grade 20, Administrative Unit Add: (1) Civil Engineer Salary Grade A, Executive Association And, be it further RESOLVED, That the Civil Engineer position will be filled promotionally from within the Department of Public Works, and be it further RESOLVED, That funds necessary for said roster amendment shall be derived from the existing 2013 and 2014 DPW Water and Sewer budgets. A vote on the resolution resulted as follows: Passed unanimously. 3.5 Request Funding for Engineering Services Agreement for Design Bar Screen and Biosolids Dewatering Equipment and Other Miscellaneous Improvements to the Influent Building and Prepare Bid Documents for Same Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, the Ithaca Area Wastewater Treatment Plant is in need of certain Capital Improvements, and WHEREAS, GHD Engineers completed an Engineering Report entitled "Ithaca Area WWTF Influent Building and Dewatering System Improvements Study" as the final project funded by Capital Project 416J, and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, this agreement provides engineering services for the next set of proposed capital improvements, and City Administration Committee Meeting October 23, 2013 Page 11 WHEREAS, this authorization for an amount not to exceed $274,000 will allow GHD to design the improvements to the Influent Building, including replacement of the bar screen equipment and the addition of a new biosolids dewatering system as identified in the aforementioned engineering study, and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of October 9, 2013 contingent on fund availability and attorney approval of the agreement, and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 419J, therefore be it RESOLVED, That Common Council hereby recommends an amount not to exceed $274,000 to fund the proposed agreement with GHD Engineers utilizing funds from the new authorization for CP 419J and be it further RESOLVED, That Common Council hereby authorizes this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: Municipality Percentage Project Cost City of Ithaca 57.14 $156,563.60 Town of Ithaca 40.88 112,011.20 Town of Dryden 1.98 5,425.20 $ 274,000.00 After discussion, Alderperson Clairborne made a motion to add the following Resolve: And, be it further Resolved, that funds needed for said project shall be derived from a combination of J- 1 Capital Reserve funds and the issuance of serial bonds as determined by the City Controller. Seconded by Alderperson Proulx. Motion carried unanimously. A vote on the resolution as amended resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations. None. 5. 2014 Budget Process /Updates. None. 6. Committee Discussion Items. None. 7. Meeting Wrap -up 7.1 Announcements City Administration Committee Meeting October 23, 2013 Page 12 Alderperson Brock mentioned a forum she attended that talked about how municipalities worked with local colleges /universities to enhance the community development in their respective communities. Common Council expressed interest in having a similar discussion. Alderperson Brock stated that she would provide more details to Common Council. 7.2 Review. Aaenda Items for Next Meetin Due to the upcoming holidays, the Committee discussed the City Administration Committee meeting dates for November and December and decided on the following dates: Monday — November 25, 2013 — 6:00 p.m. Monday — December 16, 2013 — 6:00 p.m. 7.3 Adjourn With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:25 p.m.