HomeMy WebLinkAbout03-07-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING
A Regular meeting of the Common Council will be held on Wednesday, March 7, 2012,
at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street,
Ithaca, New York. Your attendance is requested.
AGENDA
1. PLEDGE OF ALLEGIANCE:
2. ADDITIONS TO OR DELETIONS FROM THE AGENDA:
3. PROCLAMATIONS/AWARDS:
4. SPECIAL ORDER OF BUSINESS:
5. SPECIAL PRESENTATIONS BEFORE COUNCIL:
6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL:
7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR:
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources – Request to Approve Holiday Benefit Schedule for Half-
Time Position – Resolution
8.2 Human Resources – Amendment to Personnel Roster for Decreased Hours –
Resolution
9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE:
9.1 Update from Last Committee Meeting - Chair Mohlenhoff
10. CITY ADMINISTRATION COMMITTEE:
10.1 Building Department – Request for Funds to Complete Software Update –
Resolution
10.2 DPW – Request to Amend Capital Projects #725 (Replacement of the East
Clinton Street Bridge Project), #726 (Prospect Street Reconstruction), #618
(Prospect Street Sanitary Sewer Improvement), and #518 (Prospect Street Water
Main Improvement)
10.3 DPW – Request to Establish Emergency Capital Project for Forest Home Drive
Retaining Wall Failure – Resolution
10.4 Finance/Controller’s Office – Approval of 2010 Single Audit Report – Resolution
10.5 Controller’s Report
10.6 Attorney’s Office – Proposed Motion to Enter Into Executive Session to Discuss
Settlement of Pending Litigation
Common Council Meeting Agenda
March 7, 2012
Page 2
11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE:
There were no items submitted for the agenda.
12. REPORTS OF SPECIAL COMMITTEES:
13. NEW BUSINESS:
13.1 Sahara Restaurant Alcohol Permit Request - Resolution
13.2 Mercato Bar and Kitchen Alcohol Permit Request - Resolution
13.3 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
13.4 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
13.5 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
13.6 Simeon’s Alcohol Permit Request - Resolution
13.7 Mahogany Grill & Grill Alcohol Permit Request - Resolution
14. INDIVIDUAL MEMBER – FILED RESOLUTIONS:
15. MAYOR’S APPOINTMENTS:
15.1 Appointments to Conservation Advisory Council – Resolution
15.2 Appointment to Planning and Development Board – Resolution
15.3 Appointments to Public Art Commission – Resolution
15.4 Appointment to Rental Housing Advisory Commission – Resolution
16. REPORTS OF COMMON COUNCIL LIAISONS:
17. REPORT OF CITY CLERK:
18. REPORT OF CITY ATTORNEY:
19. MINUTES FROM PREVIOUS MEETINGS:
19.1 Approval of the February 1, 2012 Regular Common Council Meeting Minutes –
Resolution
20. ADJOURNMENT:
If you have a disability that will require special arrangements to be made in order for you
to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48
hours before the meeting.
______________________________
Julie Conley Holcomb, CMC
City Clerk
Date: March 1, 2012
8. CONSENT AGENDA ITEMS:
City Administration Committee:
8.1 Human Resources – Request to Approve Holiday Benefit Schedule for Half-
Time Position - Resolution
WHEREAS, the Employee Health and Safety Coordinator has elected to retire from full-
time employment effective February 11, 2012, and
WHEREAS, in recognition of the City’s budget situation, the Human Resources
Department has reduced the position to a half-time position, utilizing existing staff to
absorb some of the position’s responsibilities, and eliminating the provision of other
services, and
WHEREAS, a holiday benefit schedule needs to be established for the half-time position
because the half-time position will work a shortened workweek that does not coincide
with the established managerial holiday benefit schedule; now, therefore, be it
RESOLVED, That for each designated managerial holiday, the half-time Employee
Health and Safety Coordinator shall accrue four (4) hours of annual leave to be credited
on the date that each holiday is observed.
8.2 Human Resources - Amendment to Personnel Roster for Decreased Hours
– Resolution
WHEREAS, The Manager of Organizational Development in the Human Resources
Department was called to active duty in 2011 for twelve months and is scheduled to
return to her position on February 27, 2012, and
WHEREAS, in the Manager of Organizational Development’s absence, the Deputy
Director of Human Resources agreed to increase her hours to full-time to assist with the
interim staffing plan, and
WHEREAS, the interim staffing plan had a significant budgetary savings for the City in
2011; now, therefore, be it
RESOLVED, That Common Council hereby amends the 2012 authorized Personnel
Roster for the Human Resources Department as follows: the workweek of the position
of Deputy Director of Human Resources is hereby decreased from forty (40) hours/week
to thirty (30) hours/week retroactive to February 27, 2012.
10. CITY ADMINISTRATION COMMITTEE:
10.1 Building Department – Request for Funds to Complete Software Update –
Resolution
WHEREAS, the Building Department has developed and implemented a computer
software program since 2007 to automate housing inspections, and
WHEREAS, the software has improved efficiencies, streamlined housing inspections,
and improved revenue, and
WHEREAS, City staff would like to expand this software to include; digitalized records;
accounts receivable automation; building and electrical permits; various forms;
inspection records and property maintenance enforcement, and
WHEREAS, the estimate to provide this software expansion is $13,498, of which $4,000
was set aside previously, leaving $9,498 to fund, and
WHEREAS, it is expected that once the software expansion is complete and
implemented, and increased revenue generated, that more cost-effective Building
Department operations can be expected; now, therefore be it
RESOLVED, That Common Council hereby transfer an amount not to exceed $9,498
from account A1990 Unrestricted Contingency to account A3620-5435 Building
Department Contracts for the purposes of said software expansion.
10.2 DPW – Request to Amend Capital Projects #725 (Replacement of the East
Clinton Street Bridge Project), #726 (Prospect Street Reconstruction), #618
(Prospect Street Sanitary Sewer Improvement), and #518 (Prospect Street Water
Main Improvement)
WHEREAS, a Project for Prospect Street Reconstruction and Replacement of the East
Clinton Street Bridge Project P.I.N. 375457 ("the Project") is eligible for funding under
Title 23 U.S. Code, as amended, that calls for the apportionment of the costs to be
borne at the ratio of 80% Federal funds and 20% non-federal funds; and
WHEREAS, Common Council authorized the City of Ithaca to pay in the first instance
100% of the federal and non-federal share of the cost of Scoping, Preliminary Design,
Detailed Design, and Right-of-Way Incidentals work for the Project or portions thereof;
and
WHEREAS, the sum of $494,000 has been appropriated (Capital Project # 725,
$280,000 and Capital Project # 726, $214,000) and were available to cover the cost of
participation in the above phase of the Project; and
WHEREAS, bids were received for Prospect Street Reconstruction and Replacement of
the East Clinton Street Bridge Project on February 13, 2012; and
WHEREAS, FAHS Construction Group submitted the low bid for Prospect Street
Reconstruction and Replacement of the East Clinton Street Bridge Project in the
amount of $3,512,333.00 ;and
WHEREAS, the amended project budget is projected to be $5,280,000 comprised of:
• Preliminary Engineering and Detail Design Cost…………………….. $646,000
• ROW Incidental Cost , …………………… ………………………… $28,000
• ROW Acquisition Cost……………………… ……………………… $140,000
• Construction Inspection and Construction Support Cost,…………… $480,000
• Construction Cost....…………………………… …………………… $3,807,000
• Contingency and Short Term Borrowing.……… ………………….. $179,000
Total Project Cost……………………………$5,280,000
WHEREAS, the City of Ithaca Board of Public Works recommends that the Common
Council increase the total project budget authorizations for Prospect Street
Reconstruction and Replacement of the East Clinton Street Bridge Project in the
amount of $4,419,000, and
WHEREAS, the cost differences are outlines as follows:
Authorizatio
n
General
Fund CP
#725
General
Fund
CP# 726
Water
CP# 518
(Water
Fund)
Sewer
CP# 618
(Sewer Fund)
Total
Current $280,000 $214,000 $183,500 $183,500 $861,000
Proposed $2,070,000 $2,810,000 $212,000 $188,000 $5,280,000
Increase $1,790,000 $2,596,000 $28,500 $4,500 $4,419,000
now, therefore, be it
RESOLVED, That the City of Ithaca Common Council amends the Capital Project
budget authorizations for the Prospect Street Reconstruction and Replacement of the
East Clinton Street Bridge Project by the sum of $4,419,000 for a total project cost not
to exceed $5,280,000, with the 20% local share, currently estimated at $1,060,000, to
be shared as closely to a 15% /5% State/City split as is funded by New York State
under their Marchiselli Program, and be it further
RESOLVED, That the Superintendent of Public Works be and hereby is authorized to
execute and administer the contract, once the necessary funding is in place, and be it
further
RESOLVED, That the funds necessary for the $4,419,000 amendment will be advanced
from the General Fund with later repayment from the issuance of Bonds.
10.3 DPW - Request to Establish Emergency Capital Project for Forest Home
Drive Retaining Wall Failure - Resolution
WHEREAS, City DPW Staff have been recently notified of a retaining wall failure on
Forest Home Drive just east from the intersection of the Thurston Avenue Bridge and
East Avenue, and
WHEREAS, City DPW Staff will be investigating the retaining wall failure during the
week of March 5th 2012 to determine the damage and repair costs to the retaining wall,
and
WHEREAS, City DPW Staff will need to bring in a design engineer to determine what
type of repair and cost estimates for the wall repair will be needed, and
WHEREAS, this retaining wall failure is determined to be an emergency procurement
due to its unforeseen occurrence and threat to public safety, and the need to repair the
retaining wall immediately, and
WHEREAS, City DPW staff have estimated the retaining wall repair project cost at
$400,000; now, therefore, be it
RESOLVED, That Common Council hereby authorizes the establishment of Capital
Project #778 Forest Home Drive Retaining Wall Repair at a cost not to exceed
$400,000 for emergency repairs to the retaining wall on Forest Home Drive at said
location, and be it further
RESOLVED, That the project is hereby deemed an emergency project thereby making
the project not subject to bidding requirements of General Municipal Law, section 103,
and be it further
RESOLVED, That the funds necessary for said retaining wall repair be advanced from
the General Fund with possible later repayment by the issuance of serial bonds, and be
it further
RESOLVED, That Common Council hereby directs the Mayor and City Staff to explore
all possible outside funding sources for this emergency repair.
10.4 Finance/Controller’s Office – Approval of 2010 Single Audit Report –
Resolution
RESOLVED, That the Independent Auditor’s Report for the period January 1, 2010
through December 31, 2010, prepared by the accounting firm of Ciaschi, Dietershagen,
Little and Mickelson & Company, LLP be accepted to comply with all the City’s
applicable Governmental Accounting Standards Board (GASB) Statement 34 and other
related audit and single audit requirements.
13. NEW BUSINESS:
13.1 Sahara Restaurant Alcohol Permit Request - Resolution
WHEREAS, the Sahara Restaurant has requested permission to utilize certain areas
along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sahara Restaurant, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the
Sahara Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in
the amount of $1,000,000 and the approval of an outdoor dining permit.
13.2 Mercato Bar and Kitchen Alcohol Permit Request - Resolution
WHEREAS, the City Clerk’s Office has received a request to allow Mercato Bar and
Kitchen to utilize certain areas along North Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Mercato Bar and Kitchen, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Mercato Bar and
Kitchen that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
13.3 Viva Taqueria & Cantina Alcohol Permit Request - Resolution
WHEREAS, in 1998 the City of Ithaca issued a license to the Viva Taqueria & Cantina
Restaurant allowing that restaurant to utilize certain areas along Aurora Street for outdoor
dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Viva Taqueria & Cantina Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Viva Taqueria &
Cantina Restaurant that includes the sale of alcohol in accord with the terms and
conditions set forth in application therefore, including minimum Dram Shop coverage in the
amount of $1,000,000 and the approval of an outdoor dining permit.
13.4 Sushi O Sake Japanese Restaurant Alcohol Permit Request - Resolution
WHEREAS, the Sushi O Sake Japanese Restaurant has requested permission to utilize
certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow
the serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Sushi O Sake Japanese Restaurant, including the responsible sale
and consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a
minimum of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable
Alcoholic Beverage Permit for the outdoor sale and consumption of alcohol for the Sushi
O Sake Japanese Restaurant that includes the sale of alcohol in accord with the terms
and conditions set forth in application therefore, including minimum Dram Shop
coverage in the amount of $1,000,000 and the approval of an outdoor dining permit.
13.5 Blue Stone Bar & Grill Alcohol Permit Request - Resolution
WHEREAS, the City Clerk’s Office has received a request to allow the Blue Stone Bar &
Grill to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Blue Stone Bar & Grill, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Blue Stone Bar &
Grill that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
13.6 Simeon’s Alcohol Permit Request - Resolution
WHEREAS, since 1987 the City of Ithaca has issued a license to Simeon's Restaurant
allowing that restaurant to utilize certain areas along Aurora Street and on the Ithaca
Commons for outdoor dining, and
WHEREAS, this use of public property has generally been deemed proper and successful,
and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Ithaca Commons,
including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Ithaca Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at Simeon's Restaurant, including the responsible sale and consumption of
alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for Simeon's Restaurant
that includes the sale of alcohol in accordance with the terms and conditions set forth in
the application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
13.7 Mahogany Bar & Grill Alcohol Permit Request - Resolution
WHEREAS, the City Clerk has received a request to allow the Mahogany Bar & Grill
restaurant to utilize certain areas along Aurora Street for outdoor dining, and
WHEREAS, this use of public property has been deemed proper and successful, and
WHEREAS, the City of Ithaca wishes to promote diverse uses of the Primary and
Secondary Commons, including outdoor dining, and
WHEREAS, it is Common Council's responsibility to determine whether or not to allow the
serving and consumption of alcohol on the Primary and Secondary Commons, and
WHEREAS, Common Council has determined that the use of this public property for
outdoor dining at the Mahogany Bar & Grill, including the responsible sale and
consumption of alcohol, is desirable, and
WHEREAS, Common Council has determined that any use of this or similar public
property involving the same and consumption of alcohol should be covered by a minimum
of $1,000,000 insurance under the Dram Shop Act; now, therefore be it
RESOLVED, For the year 2012, Common Council hereby approves a revocable Alcoholic
Beverage Permit for the outdoor sale and consumption of alcohol for the Mahogany Bar &
Grill that includes the sale of alcohol in accord with the terms and conditions set forth in
application therefore, including minimum Dram Shop coverage in the amount of
$1,000,000 and the approval of an outdoor dining permit.
15. MAYOR’S APPOINTMENTS:
15.1 Appointments to Conservation Advisory Council – Resolution
RESOLVED, That Eva Birk be appointed to the Conservation Advisory Council to fill a
vacancy with a term to expire December 31, 2012, and be it further
RESOLVED, That Jesse Hill be appointed to the Conservation Advisory Council to fill a
vacancy with a term to expire December 31, 2013, and be it further
RESOLVED, That Yashodhan Gharat be appointed to the Conservation Advisory
Council to fill a vacancy with a term to expire December 31, 2015.
15.2 Appointment to Planning and Development Board – Resolution
RESOLVED, That McKenzie Jones-Rounds be appointed to the Planning and
Development Board to replace John Snyder with a term to expire December 31, 2014.
15.3 Appointments to Public Art Commission – Resolution
RESOLVED, That Jason C. Otero be appointed to the Public Art Commission to replace
Svetla Borovska with a term to expire June 30, 2013, and be it further
RESOLVED, That Jay Potter be appointed to the Public Art Commission to replace
John P. Criscitello with a term to expire June 30, 2014.
15.4 Appointment to Rental Housing Advisory Commission – Resolution
RESOLVED, That Nikki Sayward be appointed to the Rental Housing Advisory
Commission to replace Alma Isabel A. Aldrich with a term to expire December 31, 2014.