Loading...
HomeMy WebLinkAboutMN-CA-2014-08-20CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 20, 2014 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (7): Clairborne, Fleming, Kerslick, McCollister, McGonigal, Murtagh, Smith EXCUSED: OTHERS PRESENT: Chief of Staff – Sutherland City Attorney – Lavine Controller – Thayer Deputy Controller – Andrew HR Director – Michell-Nunn Police Chief – Barber Deputy Police Chief – Tyler Police Officer – Williamson Planning, Building & Economic Development Director – Cornish Director of Engineering – West Youth Program Coordinator – Tabor Recreation Attendant – Green 1. Call to Order: 1.1 Agenda Review: Chair Mohlenhoff told the Committee that since the Police Chief and Deputy Chief were present at the meeting, she would like to move items #4.1 and #4.2 concerning their department after item #3.3. The Committee agreed. 1.2 Review/Approval of Minutes: Alderperson McGonigal made a motion to approve the minutes from the July 16, 2014 meeting of the City Administration Committee. Seconded by Alderperson Fleming. Motion carried unanimously. 1.3 Statements from the Public Jami Hendrix of Trumansburg addressed the Committee. She told the Committee that as of earlier in that afternoon, there were 73 community members who’d signed a petition asking Council to vote down the September 3rd resolution approving of the $100,000 grant from Homeland Security. She added that the relationship of the Police Department with the community needs to improve. Neil Oolie of Ithaca, addressed the Committee indicating that he was upset at how the Homeland Security Grant would be spent. He stated that the purchases are a militarization of the department. He suggested that the department purchase body cameras instead. He added that he’d like to see the department take on a community policing program rather than have the SWAT team. He then suggested that the September Common Council meeting be moved to a location to accommodate the large number of people who will be attending. City Administration Committee Meeting August 20, 2014 Page 2 Chair Mohlenhoff then read into the record an e-mail received from Susan and Martin Hatch: “To the Members of the Ithaca Common Council: Our Community should not be a community where black children have to be taught to raise their arms above their heads when they see a policeman. The New York Times just published a list of all the New York State communities that are getting free hand-me-down U.S. military gear from Homeland Security. Ithaca and Tompkins County are not on that list. We are glad that our community has chosen in the past to refuse the offer of this gear. The gear cannot be a replacement for adequate police training and effective police work. Effective police work includes knowing people in the neighborhoods where you work. Effective police work means knowing that the two black boys are on their way home. And it includes never pulling a gun on children or jailing the mentally ill. The Common Council must make sure that the police continue the training that they obviously need, and your Council committee must say NO to military junk gear. There is no such thing as “free military equipment”. People react to this gear with panic and rage, and that can cause damage that is very costly to the entire community.” 1.4 Statements from Employees. None. 1.5 Council Response. Chair Mohlenhoff stated that the resolution to approve the $100,000 grant from Homeland Security has been approved by the CA Committee but tabled by Council to the September meeting. Procedurally, the CA Committee is unable to act upon the resolution. Alderperson Clairborne announced that the Congo Market’s season is ending on Friday and that “Calling Men to Action” will be held on Tuesday, August 26th. He then addressed the Police incident that occurred on August 9th when a Police Officer unholstered his gun while attempting to stop a group that turned out to be 15 year olds. He stated that the police and community need to have respect for each other and that the city needs to reinstate a community policing program. Alderperson Kerslick addressed Ms. Hendrix by stating that the grant and the incident on August 10th are separate topics. The grant resolution was tabled until September to obtain information. The money being used by the grant is for safety equipment for the department as well as the community. The items in question will not be used full time, but only when called for. He stated that he believes that training is the key. Mayor Myrick stated that the recent incident is a serious issue but there are two versions of what happened and as a result there are two investigations; one being within the department, the other by the Community Police Board which is an independent board. He asked that everyone be patient while the facts are being gathered. Chair Mohlenhoff thanked everyone for their comments and noted that communications will remain open between Council and the community. Alderperson Fleming reiterated that the City is looking at two issues. She noted that the robot obtained by the grant will help reduce reliance on the use of weapons. The SWAT team was formed in 1998, and it has not been the cause of any deaths. City Administration Committee Meeting August 20, 2014 Page 3 Alderperson Murtagh explained that Council was given a presentation of the SWAT team and it gave a perspective of the importance of the equipment being used. He was able to see the protective gear used during drug busts, which unfortunately can involve illegal guns on the premises. He noted that he receives a lot of calls asking for an increased presence of police. 2. Standing Sub-Committee and Staff Reports. None. 3. City Administration, Human Resources, and Policy 3.1 Marriott Hotel, Authorize Disposition of City - Owned Property at 120 E. Green Street Moved by Alderperson McGonigal, Seconded by Alderperson Smith WHEREAS, Hotel Ithaca LLC (Marriott Hotel) is the developer of a proposed 159-key Marriott hotel at 120 S. Aurora Street, Ithaca, NY, and WHEREAS, on June 4, 2014, the Common Council authorized a parking agreement with the Marriott Hotel but deferred decision making regarding a proposed option agreement authorizing the Marriott Hotel to acquire air rights to a portion of the Green Street Garage should it be decommissioned in the future, as a potential property conveyance requires publication of a series of public notices before it can be considered for action by the Common Council, and WHEREAS, the majority of parking to be made available for hotel guests at the Marriott Hotel per the authorized parking agreement is located in the Green Street Garage, and WHEREAS, the eastern section of the Green Street Garage, constructed in 1973 above a portion of the Rothschild building, is anticipated to have a remaining useful life of approximately 15 years before requiring major new investment, and WHEREAS, the Marriot Hotel seeks a means to provide parking for hotel guests should the City decommission the eastern section of the Green Street Garage in the future, and WHEREAS, the City will incur a substantial expense to demolish and remove the portion of parking structure should it be decommissioned, and WHEREAS, on June 4, 2014, the Common Council for the City of Ithaca, acting as the lead agency, conducted environmental review in accordance with the City Environmental Quality Review Ordinance and issued a negative declaration that the proposed action will result in no significant impact on the environment; now, therefore, be it RESOLVED, That the Common Council for the City of Ithaca hereby authorizes an option agreement with Hotel Ithaca LLC, developer of the Marriott Hotel to be located at 120 S. Aurora Street, to acquire air rights to the eastern section of the Green Street Parking Garage located above the Rothschild Building along with access easement over the central section of the Green Street Garage to provide access to and from Green Street, for $1 for use as private parking, and be it further City Administration Committee Meeting August 20, 2014 Page 4 RESOLVED, That the option agreement shall include provisions that the option agreement cannot be exercised unless and until the City decommissions the eastern section of the Green Street Garage and the Common Council declares the subject property surplus municipal property, and be it further RESOLVED, That the Mayor, subject to advice of the City Attorney, is hereby authorized to execute an agreement to implement this resolution. Discussion followed. A vote on the resolution resulted as follows: Carried Unanimously. 3.2 Youth Bureau – Amendment to the 2014 Personnel Roster Moved by Alderperson Clairborne, Seconded by McGonigal WHEREAS, the Youth Program Assistant position was created in 2005 as a training position to allow promising job recruits an opportunity to grow into a Youth Program Leader position, and WHEREAS, an employee has done an exemplary job as a Youth Program Assistant and has successfully passed the promotional civil service exam, and WHEREAS, the Youth Bureau would like to promote this employee to Youth Program Leader, a position which better fits her job duties, and WHEREAS, the Youth Bureau has an unfunded Youth Program Leader (35 hours per week) on the roster, and WHEREAS, this amendment requires no budget increase, now therefore be it RESOLVED, That Common Council hereby amends the 2014 Youth Bureau Personnel Roster as follows: Unfund: One (1) Youth Program Assistant (35 hours per week) Add: One (1) Youth Program Leader (35 hours per week) Discussion followed. A vote on the resolution resulted as follows: Carried Unanimously. 3.3 Planning, Building and Economic Development - Request to Amend Personnel Roster Moved by Alderperson Fleming, Seconded by Smith City Administration Committee Meeting August 20, 2014 Page 5 WHEREAS, the Historic Preservation and Neighborhood Planner position in the City’s Planning Division has been vacant since June of 2014, and WHEREAS, the position requires a unique combination of skills and knowledge not commonly found in candidates, and WHEREAS, in 2011, due to budget cuts, the position was reduced to 20 hours per week making it even more difficult to fill, and WHEREAS, with the reduction in hours, the neighborhood planning responsibilities were removed from the position so that its sole focus is now on historic preservation planning, and WHEREAS, with guidance from the City’s Human Resources Department, it was agreed that the best plan of action would be to create a new position entitled Historic Preservation Planner and, WHEREAS, it was also agreed that the position of Historic Preservation and Neighborhood Planner should be preserved for future use should the position ever be restored to full-time and neighborhood planning duties reinstated, and WHEREAS, the new position is scheduled for adoption at the September 3, 2014, Civil Service Commission meeting; now, therefore, be it RESOLVED, That the Personnel Roster for the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Historic Preservation Planner, Grade 15, at twenty (20) Hours per week Delete: One (1) Historic Preservation and Neighborhood Planner, Grade 16, at twenty (20) hours per week, and be it further RESOLVED, That the position of Historic Preservation Planner shall be assigned to the CSEA Administrative Unit at a salary grade 15, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at seven (7) hours per day, thirty-five (35) hours per week. Discussion followed. A vote on the resolution resulted as follows: Carried Unanimously. 4. Finance, Budget and Appropriations 4.1 .1 Ithaca Police Department – Request to Amend 2014 IPD Budget City Administration Committee Meeting August 20, 2014 Page 6 Moved by Alderperson McGonigal, Seconded by Alderperson Clairborne WHEREAS, the Ithaca Police Department has received funds through the recycling of brass shell casings recovered from the IPD shooting range, and WHEREAS, the Ithaca Police Department has also received funds through drug seizures, and WHEREAS, the Ithaca Police Department is desirous of utilizing some of these funds ($21,000) to purchase a training structure for the shooting range; now, therefore, be it RESOLVED, That Common Council hereby amends the 2014 Ithaca Police Department Budget as follows: Increase revenue account: A 3120-2770-5017 Miscellaneous Revenue $ 6,000 A 3120-4320-5017 Federal Aid – Crime Control $15,000 Increase expenses: A 3120-5225-5017 Building Other Equipment $21,000 Discussion followed about the drug seizure funds and how the money can be spent, including whether the money could purchase radios being sought in the next resolution. City Attorney Lavine explained that the federal regulations are very complex. Chief Barber noted that the radios will require maintenance so they may not be eligible to purchase with these funds. Discussion continued concerning the need to purchase radio equipment for the police building. A vote on the resolution resulted as follows: Carried Unanimously. 4.2 .2 Ithaca Police Department – Request to Amend 2014 IPD Budget Moved by Alderperson Fleming, Seconded by Alderperson Clairborne WHEREAS, the Ithaca Police Department (IPD) has had problems with gaps in radio coverage on the first floor of the Ithaca Police Department building, and WHEREAS, these gaps in radio coverage could make it difficult, if not impossible, to make a call to the Dispatch Center in the event of a critical and dangerous situation, and WHEREAS, members of IPD have contacted a radio equipment vendor and a workable solution has been developed that will eliminate these gaps in radio coverage, and WHEREAS, the cost to implement the developed solution is $8,372 which includes the purchase of 4 Radios and the associated installation of said radios; now therefore, be it RESOLVED, That Common Council hereby authorizes the Controller to transfer an amount not to exceed $8,372 from account A1990 unrestricted contingency to account A3120-5225-5014 Police Department – Communications Equipment for the purposes of funding said purchase. City Administration Committee Meeting August 20, 2014 Page 7 Discussion followed concerning the need to improve communications within the police building. A vote on the resolution resulted as follows: Carried Unanimously. Chief Barber took the opportunity to address the committee and the public concerning the August 9th incident in which a Police Officer encountered a group of people and had his gun unholstered, but in a safe position. It was then realized that the group were 15 year old African American males. He stated that he has spoken to Council in the regarding for the need to increase staff. He noted that he had been in favor of a community policing program. Chief Barber indicated that the department receives thousands of calls and tens of thousands of interactions with the public each year that usually go well. Despite the complaints received by the department in the past, most of them are misunderstandings. He stressed the danger that the officers face every time they leave their families to go to work. He reminded everyone of one the incidents when officer was shot and another one killed, while on duty. He stated that officers are making split second decisions based on information that is available to them at that time. He then asked Council and the public to allow time for a complete investigation and that the results will be provided to the public. 3. City Administration, Human Resources, and Policy (Resumed) 3.4 Sale of City-Owned Property and the Granting of an Easement over City-Owned Property – Declaration of Lead Agency Moved by Alderperson McGonigal, Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca Common Council is considering the sale of tax parcel #25.-2-1.2, located at 601 First Street, pursuant to a 1993 lease, and the granting of an easement over an adjacent portion of City-owned land, to the Sciencenter Discovery Museum, and WHEREAS, the proposed transfer of approximately 35,500 sq. ft. of land is an Unlisted action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, State Law and Section 176.6 of CEQRO require that a Lead Agency be established for conducting environmental review of proposed actions in accordance with local and state environmental law, and WHEREAS, State Law specifies that for actions governed by local environmental review the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the proposed action; now, therefore, be it RESOLVED, That the City of Ithaca Common Council does hereby declare itself Lead Agency for the environmental review of the proposed transfer to the Sciencenter Discovery Museum of the above listed real property. City Administration Committee Meeting August 20, 2014 Page 8 A vote on the resolution resulted as follows: Carried Unanimously. 3.5 Sale of City-Owned Property and the Granting of an Easement over City-Owned Property – Negative Declaration Moved by Alderperson Smith, Seconded by Alderperson Clairborne WHEREAS, the City of Ithaca Common Council is considering the sale of the property located at 601 First Street, Ithaca, NY (tax parcel #25.-2-1.2) pursuant to a 1993 lease, and the granting of an easement over an adjacent portion of City-owned land, to the Sciencenter Discovery Museum, and WHEREAS, on September 3, 2014, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, such proposed action for the transfer or sale of less than 2.5 contiguous acres of land is an Unlisted Action under the City of Ithaca Environmental Quality Review Ordinance (“CEQR”) and an Unlisted Action under the State Environmental Quality Review Act (“SEQR”), both of which require environmental review, and WHEREAS, the Short Environmental Assessment Form (“SEAF”) and supporting information has been provided to the City of Ithaca Conservation Advisory Council for review of the proposed action and no comments have been received to date, and WHEREAS, the City of Ithaca Common Council, acting as Lead Agency for the environmental review, has reviewed and accepted as adequate a Short Environmental Assessment Form, Part 1 and Part 2, both prepared by City staff; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby determines that the proposed transfer of tax parcel #25.-2-1.2 pursuant to the 1993 lease and the granting of an easement over an adjacent portion of City-owned land will result in no significant impact on the environment and that a Negative Declaration for purposes of Article 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. A vote on the resolution resulted as follows: Carried Unanimously. 3.6 Ordinance Approving a Sale of City-Owned Property and the Granting of an Easement over City- Owned Property Moved by Alderperson Clairborne, Seconded by Alderperson McGonigal ORDINANCE __-2014 An Ordinance Approving a Sale of City-Owned Property and the Granting of an Easement over City- Owned Property City Administration Committee Meeting August 20, 2014 Page 9 WHEREAS the City entered into a lease with the organization now known as Sciencenter Discovery Museum (“Sciencenter”) on February 6, 1993 (“Lease”), under which the Sciencenter had use of the property known as 601 First Street (“Property”) to construct the Sciencenter science museum, and WHEREAS the Lease granted the Sciencenter an option to purchase the Property, and the City Controller has confirmed that the Sciencenter has made all necessary payments to exercise the option, thus requiring the City to sell the property, and WHEREAS the Sciencenter has requested an easement for a portion of City-owned land bordering the Property on the east (“Proposed Easement Area”), which land is the right of way for a portion of Lake Avenue that no longer exists, onto which the Sciencenter’s miniature golf course has extended for a number of years, and WHEREAS the Sciencenter is investing additional funds to renovate the miniature golf course area, and desires to formalize its use of City-owned land, and WHEREAS the Sciencenter previously installed and maintained improvements on City land (such as installation and operation of lighting, benches, trash and dog waste receptacles in the area alongside Cascadilla Creek), the value of which exceeds the net present value of the license fees that the City would charge to grant a license to use the area in question, and WHEREAS the Board of Public Works has determined that the land for which an easement is sought is surplus for municipal purposes, and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize sale of real property, and WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The Property and the Proposed Easement Area are surplus for municipal purposes. B. The Sciencenter has made all necessary payments and taken all other necessary actions to entitle the Sciencenter to exercise its option to purchase the Property under the Lease. C. The value of the improvements installed on City land and maintained by the Sciencenter are equal to or greater than the net present value of the license fees that the City would charge to grant a license to use the Proposed Easement Area. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to effect these transactions. Section 3. Effective Date. This ordinance shall take effect immediately. City Administration Committee Meeting August 20, 2014 Page 10 City Attorney Lavine explained to the committee that this property has been subject to a “rent to own” agreement with the Sciencenter and this ordinance finalizes the purchase of the property. Discussion followed. A vote on the ordinance resulted as follows: Carried Unanimously. 3.7 Conditional Consent to Transfer of Control Moved by Alderperson Smith, Seconded by Alderperson Clairborne WHEREAS, Time Warner Cable Northeast LLC (“Franchisee”) is the duly authorized holder of a franchise, the term of which has expired and is pending renewal, as amended to date (the “Franchise”), authorizing Franchisee to serve the City of Ithaca, NY (the “Franchise Authority” or the “City”) and to operate and maintain a cable television system therein (the “System”); and WHEREAS, Time Warner Cable Inc. (“Time Warner Cable”) is the ultimate parent company of Franchisee; and WHEREAS, on February 12, 2014, Time Warner Cable, Comcast Corporation (“Comcast”) and Tango Acquisition Sub, Inc. (“Tango”), entered into an Agreement and Plan of Merger (the “Agreement”), pursuant to which Time Warner Cable will merge with Tango, a wholly-owned subsidiary of Comcast, with Time Warner Cable as the surviving company, and Time Warner Cable will thereby become a wholly-owned subsidiary of Comcast (the “Transaction”); and WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC Form 394 with the Franchise Authority with respect thereto; and WHEREAS, the Franchise Authority has considered and approves of the Transaction. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Transaction, subject to each of the following express conditions, the satisfaction of which shall constitute a condition precedent to the effectiveness of the Franchise Authority’s consent: a. Franchisee’s provision of, and commitment to hereafter provide on thirty days’ notice from the City, financial accounting for the PEG Access operations within the City, known as PEGASYS, including revenue receivables such as the PEG fees collected by the Franchisee within the franchise area, and including staff and equipment expenditures at the PEG facility in the franchise area. b. Franchisee’s commitment to maintain open PEG studio time with appropriate staff present of not less than 24 hours per week, including during the vacation and other authorized absences of the regular staff member at the PEG studio. City Administration Committee Meeting August 20, 2014 Page 11 c. Provision at no charge to all subscribers in the franchise area, in satisfaction of section 15.1 of the existing Franchise Agreement, of i. informational materials regarding subscriber ability to access PEG channels (13, 15, and 16) using digital adapters, and ii. fully functional digital adapters permitting older television sets to access said PEG channels, with such functionality to be determined by the City’s testing of 20 such adaptors, obtained at random, at least 19 of which must perform with full functionality on initial test. d. Maintenance of picture quality equal to or better than the quality provided by Franchisee immediately prior to the transition from analog to digital transmission in this area. e. Provision of equipment for the PEG studio purchased using a given budget- year’s funds within 60 days of the Franchise Authority’s Request for the purchase of same. 3. The Franchise Authority confirms that the Franchise is expired but remains in force pending negotiation of a renewed Franchise. No certification is made as to defaults under the Franchise, and any defaults that may at this time exist are not waived by this Resolution, and may be raised by any legal means, including in further negotiations related to renewal of the Franchise. Subject to compliance with the terms of this Resolution, all action necessary to approve the transfer of control of the Franchisee to Comcast has been duly and validly taken. 4. Comcast or the Franchisee may (a) assign or transfer its assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with Comcast; (b) restructure debt or change the ownership interests among existing equity participants in Comcast; (c) pledge or grant a security interest to any lender(s) of Comcast’s assets, including, but not limited to, the Franchise, or of interest in Comcast, for purposes of securing any indebtedness; and (d) sell equity interests in Comcast or any of Comcast’s affiliates. 5. Upon closing of the Transaction, the Franchisee shall remain bound by the lawful terms and conditions of the Franchise. 6. This Resolution shall be deemed effective upon adoption. Discussion followed. It was recommended to add the following two points as 2f: Provision of high speed internet access using budgeted funds for the PEG Studio and 2g: Successful renegotiation of a renewed franchise agreement, and execution of the same between Franchisee and Franchisor. Motion to amend the resolution by Alderperson Clairborne, Seconded by Alderperson McGonigal City Administration Committee Meeting August 20, 2014 Page 12 A vote on the amendment resulted as follows: Carried Unanimously. A vote on the main motion as amended resulted as follows: Carried Unanimously. 5. Performance Measures: Chief of Staff Sutherland and intern Alvaro Calado were present to report on the status of department performance measures. Mr. Calado reviewed the six departments that have been met with to date. The committee agreed that the program should be carried forward and that the final output will be of great value. 6. GPA Transition. None. 7. 2015 Budget Process – Discussion: Chair Mohlenhoff reminded the Committee that last year the budget process changed, which included a form for Department Heads to fill out to react to the Mayor’s Budget. Discussion followed concerning the questions on the form. Chief of Staff Sutherland will distribute amended forms for final review by the Committee. 8 Meeting Wrap-up 8.1 Announcements. None. 8.2 Review Agenda Items for Next Meeting. None. 8.3 Adjourn: With no further business and on a motion by Alderperson Smith, the meeting was adjourned at 9:00 p.m.