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HomeMy WebLinkAboutMN-CA-2015-08-19CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 19, 2015 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (3): Clairborne, Fleming, McGonigal Mayor: Myrick EXCUSED: Alderpersons (1): Smith OTHERS PRESENT: Chief of Staff – Sutherland City Attorney – Lavine Deputy HR Director – Saul Planning Director – Cornish Director of Building – Niechwiadowicz Controller - Thayer Deputy Controller – Andrew IURA Executive Director – Bohn Big Red Bullet, LLC Representative – Nichols Interns (Mayor’s Office) – Kastenbaum, Kirshner, Raman 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Due to the problems with the City e-mail, the minutes from the July 15, 2015, City Administration Committee meeting will be tabled until next month. 1.3 Statements from the Public Chris Proulx of Ithaca spoke in favor of the Affordable Housing Fund resolution. Mr. Proulx serves as one of the City’s representatives to the Program Oversight Committee of the Affordable Housing Fund. In the agenda packet tonight is a resolution for the City to fund this program for the next six (6) years in the amount of $100,000 per year. After asking Common Council to fund this program, Mr. Proulx noted four (4) positive impacts for the City:  Key Partnerships: There will be a successful partnership/collaboration between the private sector (Cornell University) and inter municipalities (the City & Tompkins County);  Financial Leverage: Every dollar the City commits is matched 3-1, essentially from the County and Cornell. Every dollar invested by the housing fund has been matched in the first six (6) years at about 18-1 by other funders and investors to the building of affordable housing in the City and County; City Administration Committee Meeting August 19, 2015 Page 2  Affordable Housing Units Built: As a result of this program, over the first six (6) years 204 affordable housing units will be built in the City; which will increase the property value and align with the City’s Comp Plan & IURA’s Consolidated Plan;  Necessity: It is necessary since a lot of the private housing or development in the City has gone toward student housing. Funds are critical to the building of affordable and non-student housing. The funds from the federal or state will go toward those projects that have strong community support. 1.4 Statements from Employees. None. 1.5 Council Response Friends Bike Clinic: The Friends Bike Clinic will be on Saturday & Sunday – August 22 & 23, 2015 from 10 a.m. to 4 pm in Press Bay Alley – 118 West Green Street. This is an opportunity to support this cause by buying or selling a bike. Back Pack Giveaway: There is the annual back pack giveaway at Southside Community Center on Saturday – August 22, 2015. This giveaway is for low income families or families in need. Unitarian Church Annual Sale: The Unitarian Church Annual Sale is on the following dates:  Saturday – August 22, 2015 – 9 am to 4 pm – full price  Sunday – August 23, 2015 – 10 am to 4 pm – half price  Monday – August 24, 2015 – 10 am to 1 pm – Donation/Free Ribbon Cutting for West End Office: Today was the ribbon cutting on the new West End Office for the Police Department. Alderpersons McGonigal and Fleming attended this ceremony. Acknowledging Co-workers’ Support: Alderperson Clairborne mentioned that a long time employee passed away early this month. He wanted to thank the many employees who attended her services last week and gave support to the family and friends. 2. City Administration, Human Resources, and Policy 2.1 P,B&ED - Amendment to Planning, Building and Economic Development Roster Moved by Alderperson McGonigal. Seconded by Alderperson Clairborne. WHEREAS, on December 31, 2014, the Office Assistant position in the Building Division became vacant due to a retirement, and WHEREAS, support staff in the Planning Division, along with the Building Division Receptionist, have been managing the work in absence of the Office Assistant, and WHEREAS, the current Receptionist, has been performing work that is qualified under the Civil Service Job Description, as an upgrade to Permit Clerk; now, therefore be it City Administration Committee Meeting August 19, 2015 Page 3 RESOLVED, That the Personnel Roster of the Department of Planning, Building, Zoning, and Economic Development is amended as follows: Add: One (1) Permit Clerk (40 hours) – Grade 6 Delete: One (1) Receptionist (40 hours) – Grade 2 and be it further RESOLVED, That funding for this roster change shall be derived from within the Department of Planning, Building, Zoning, and Economic Development’s existing budget. A vote on the resolution resulted as follows: Passed unanimously. 2.2 HR - Reassignment of Bargaining Unit – Recreation Maintenance Supervisor Moved by Alderperson Fleming. Seconded by Alderperson Clairborne. WHEREAS, the position of Recreation Maintenance Supervisor no longer meets the overtime exemption criteria of the federal Fair Labor Standards Act, and WHEREAS, the Recreation Maintenance Supervisor position is currently assigned to the overtime- exempt Executive Association, but has a greater community of interest with the overtime-eligible CSEA DPW Unit; now, therefore be it RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is removed from the Executive Association, and be it further RESOLVED, That the position of Recreation Maintenance Supervisor be and hereby is assigned to the CSEA DPW Unit at salary grade 9, and be it further RESOLVED, That the increased costs associated with this reassignment shall be absorbed within the existing Youth Bureau budget. A vote on the resolution resulted as follows: Passed unanimously. 2.3 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years – Declaration of Lead Agency Moved by Alderperson Clairborne. Seconded by Alderperson Fleming. WHEREAS, the State Environmental Quality Review Act (“SEQRA”) and Chapter 176 of the City Code, the City Environmental Quality Review Ordinance (“CEQRO”), require that a lead agency be established for conducting environmental review of any action subject to such review, in accordance with state and local environmental law, and City Administration Committee Meeting August 19, 2015 Page 4 WHEREAS, SEQRA specifies that the lead agency shall be that agency which has primary responsibility for approving, funding or carrying out the proposed action, and WHEREAS, the proposed action is execution of a Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, which is an “Unlisted” Action pursuant to CEQRO, thereby requiring environmental review; and WHEREAS, Tompkins County has conducted a separate environmental review on their authorization to execute the proposed MOU, and WHEREAS, no other agency has jurisdiction to fund, approve or undertake the action; now, therefore, be it RESOLVED, that the Common Council of the City of Ithaca does hereby declare itself as lead agency for the environmental review of this proposed action. A vote on the resolution resulted as follows: Passed unanimously. 2.4 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years – Environmental Review Moved by Alderperson Clairborne. Seconded by Alderperson Fleming. WHEREAS, the Common Council is considering execution of a Memorandum of Understanding (“MOU”) among and between Tompkins County, the City of Ithaca and Cornell University to continue the Housing Fund program to increase the supply of affordable housing, and the commitment of funding under the MOU, and WHEREAS, the City of Ithaca Common Council declared itself Lead Agency for the environmental review of this proposed action, and WHEREAS, the proposed action is categorized as an “Unlisted” action under the City Environmental Quality Review Ordinance (CEQRO), and WHEREAS, each housing project assisted through the Housing Fund program will undergo a separate environmental review as a condition of receipt of financial assistance, 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, prepared by Ithaca Urban Renewal Agency staff; now, therefore, be it RESOLVED, that the City of Ithaca Common Council hereby determines that the proposed action 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. City Administration Committee Meeting August 19, 2015 Page 5 A vote on the resolution resulted as follows: Passed unanimously. 2.5 Authorization to Enter Into Agreement with Tompkins County and Cornell University to Continue the Housing Fund Program for an Additional Six Years - Action Moved by Alderperson Clairborne. Seconded by Alderperson Fleming. WHEREAS, on April 1, 2009, the Common Council authorized the Mayor to execute a Memorandum of Understanding (MOU) among and between the City of Ithaca, Tompkins County and Cornell University to establish the Housing Fund to provide financial assistance for the creation of affordable housing units as recommended in the Common Council-endorsed 2007 Housing Strategy for Tompkins County (Housing Strategy), and WHEREAS, the Housing Strategy recommended implementation of the following initiatives to produce new housing for lower and middle income households in close proximity to services, jobs and transit: 1. Inclusionary and incentive zoning 2. Community housing trust fund 3. Employer assistance 4. Housing affordability fund, and WHEREAS, per the 2009 MOU, the parties agreed to the following minimum funding contributions over six years: $1,200,000 Cornell University $600,000 Tompkins County $600,000 City of Ithaca $2,400,000 Total, and WHEREAS, over the first six years of the program, 124 affordable housing units have been constructed and an additional 80 housing units have been awarded competitive funding and are expected to be constructed, and WHEREAS, Ithaca continues to experience a severe housing affordability problem where 56% of all renter households, and 21% of homeowner households, are financially stressed by paying more than 30% of income for housing, and WHEREAS, the 2009 MOU expires in 2015 and the program will terminate without renewed funding commitments, and WHEREAS, the Housing Fund is managed by the Program Oversight Committee made up of three representatives from each signatory, and WHEREAS, the Program Oversight Committee recommends continuation of the program, and City Administration Committee Meeting August 19, 2015 Page 6 Whereas, Tompkins County and Cornell University have indicated they are committed to continue to fund and participate in the program for an additional six-year terms, contingent upon City of Ithaca participation, and WHEREAS, a new 2015 MOU has been developed whereby Tompkins County, the City of Ithaca and Cornell University would fund the program an additional six years at the original minimum funding levels contained in the 2009 MOU, and WHEREAS, the 2015 MOU changes the program’s name to the “Community Housing Development Fund” from the “Housing Fund” to clarify its purpose, and WHEREAS, the City’s 2015 contribution of $100,000 to the Community Housing Development Funds was authorized as a capital project in the FY2015 City of Ithaca budget, and WHEREAS, environmental review of this matter has been has been completed, and WHEREAS, the City Administration Committee reviewed this matter at their August 19, 2015 meeting and recommend the following; now, therefore, be it RESOLVED, The Mayor is hereby authorized, subject to review by the City Attorney, to execute the 2015 Memorandum of Understanding with regard to the Community Housing Development Fund among and between the City of Ithaca, the County of Tompkins and Cornell University, and be it further RESOLVED, That upon full execution of the MOU, the City’s annual funding commitment under the MOU will be derived from an annual appropriation included the municipal budget and/or from authorization of a capital project(s), as determined by Common Council, and be it further RESOLVED, The Mayor is authorized to accept any revisions to the 2015 MOU that do not substantially or materially alter its intent or substance, and be it further RESOLVED, That any funding award of City of Ithaca funds provided pursuant to the MOU for a specific housing project shall be separately approved by the Common Council prior to disbursement from the Community Housing Development Fund. A vote on the resolution resulted as follows: Passed unanimously. 2.6 Attorney – Temporary Suspension of Rights Moved by Alderperson McGonigal. Seconded by Alderperson Fleming. WHEREAS, Texas Roadhouse Holdings LLC plans to construct a restaurant at 719-725 South Meadow Street (“Restaurant”) pursuant to a lease with a term of up to thirty years, and WHEREAS, a 1951 deed refers to the right of the City to demand that a 16-foot-strip of land on the south end of that property be conveyed to the City “for street purposes”, and City Administration Committee Meeting August 19, 2015 Page 7 WHEREAS, the City has not previously demanded that the strip of land be conveyed to the City, and the Superintendent of Public Works has no plans to use the strip of land for street purposes, and WHEREAS, the Restaurant is to be constructed in part on that area, and Texas Roadhouse desires to secure a commitment from the City to temporarily relinquish its right to require that a portion of the land be deeded to the City until (i) Texas Roadhouse’s lease (including any renewals of that lease) expires or (ii) Texas Roadhouse or its successors or assigns ceases to operate a business there, and WHEREAS, the Board of Public Works has determined that the area in question has no current public works purpose, and WHEREAS, in consideration for this temporary suspension, Texas Roadhouse has agreed to pay the City $33,862.58 (a valuation derived from the net present value of thirty years of license fees for the area in question), which adequately compensates the City for entering into the agreement, and WHEREAS the City Attorney’s office and Texas Roadhouse have negotiated an agreement establishing the terms and conditions applicable to this temporary suspension; now, therefore, be it RESOLVED, that the Mayor is authorized to sign an agreement temporarily suspending the City’s right to demand conveyance of the land in question in a form substantially similar to the agreement reviewed by Common Council, and take such other actions as may be required to give effect to the agreement upon the advice of the City Attorney. A vote on the resolution resulted as follows: Passed unanimously. 2.7 Approval of New Bus Service in the City Moved by Alderperson Fleming. Seconded by Alderperson McGonigal. WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on any City street, nor shall such bus pick up or discharge passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained therefor from the Common Council or its designee, and WHEREAS, the Department of Public Works has received an application from Big Red Bullet, LLC to operate a transit service between Ithaca and New York City, including stops in the City, and WHEREAS, TCAT has expressed concerns about the two proposed bus stops, namely in front of the Performing Arts Center and the East Seneca Street bus stop, and WHEREAS, TCAT and staff have recommended use of the south curbline of East Green Street, immediately east of the pedestrian signal, staff has discussed the option with the representative of Big Red Bullet, who is in agreement with this location, and WHEREAS, the applicant and staff have not yet found an acceptable alternate location in Collegetown, but are both willing to continue working on a possible location, now therefore be it City Administration Committee Meeting August 19, 2015 Page 8 RESOLVED, That Common Council approves of the use of the East Green Street location and the related proposed City streets, and be it further RESOLVED, That Common Council delegate the authority to approve a second location for passenger pick up and discharge to the Board of Public Works, should the applicant and staff find an acceptable alternate location in Collegetown, after consultation with TCAT. A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 Local Law Entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2016” Moved by Alderperson Clairborne. Seconded by Alderperson Fleming. Local Law No. ____-2015 A local law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2016” WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2016, subject to review, amendment, and confirmation by the Common Council, and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, NOW, THEREFORE, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2016, and makes the following findings of fact: City Administration Committee Meeting August 19, 2015 Page 9 A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget, and the related assessments reflected on the assessment roll kept on file with the City Clerk, are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s Office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Planning, Building, Zoning, & Economic Development – Request to Amend the 2015 Department Budget Moved by Alderperson McGonigal. Seconded by Alderperson Clairborne. City Administration Committee Meeting August 19, 2015 Page 10 WHEREAS, the City, on behalf of the 1st Street Mosaic Project, was awarded a grant through the Community Arts Partnership’s Grants for Arts Program to fund the second phase of the mosaic installation at the Water & Sewer Division on First Street, and WHEREAS, the grant funds will be used for community events and supplies; now, therefore, be it RESOLVED, that Common Council hereby accepts the Grants for Arts Program from the Community Arts Partnership in the amount of $1,200 and amends the 2015 Department of Planning, Building, Zoning, & Economic Development authorized budget as follows: Increase Revenue Account: A8020-3989 Planning State Aid $1,200 Home & Community Increase Appropriations Account: A8020-5435 Planning Contracts $1,200 A vote on the resolution resulted as follows: Passed unanimously. 4. Performance Measures. Nothing Submitted. 5. Common Council. None. 6. Budget Update Mayor Myrick reported that the department budgets were due by August 1, 2015. Mayor Myrick and Controller Thayer have been meeting with the departments about their budget submittal. The Mayor’s budget is scheduled to be released on October 1, 2015. The Committee will talk about the budget at its September meeting. 7 Meeting Wrap-up 7.1 Announcements. None. 7.2 Next Meeting Date: September 16, 2015. 7.3 Review Agenda Items for Next Meeting. None. 7.4 Adjourn: With no further business and on a motion by Alderperson Clairborne, the meeting was adjourned at 7:10 p.m.