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HomeMy WebLinkAboutMN-CES-2007-07-11 Communications&Emergency Services Regular Meeting July 11,2007 7:00 p.m. PRESENT: Chair J.R. Clairborne Alderpersons(4) Michelle Berry,David Gelinas, Shane Seger,Robin Korherr OTHERS PRESENT: Mayor Carolyn K.Peterson City Clerk—Julie Conley Holcomb Director of Information Technology—Duane Twardokus Fire Chief—Brian Wilbur Police Chief—Lauren Signer Deputy Police Chief—Edward Vallely Deputy Police Chief—John Barber Ithaca Police Sergeant Scott Garin Asst.City Attorney—Patricia Dunn PUBLIC COMMENT: Doria Higgins,Town of Ithaca—addressed the Committee regarding Time Warner Cable's threat to reduce the operating hours of the Pegasys Access Studio. She urged Committee members to do whatever possible to keep the current number of staffing hours intact as the studio is a valuable asset to the community and an important tool for democracy. Theresa Alt,City of Ithaca—voiced her concerns about the future of Access television and noted what an important community resource it has become since the former local news Channel 7 was moved to Channel 10 and is now stationed out of Syracuse. Mark Finkelstein,City of Ithaca—Producer&Host of the program"Right Angle"stated that local programming provides a valuable public service as the programs include a wide variety of guests and viewpoints. RESPONSE TO PUBLIC BY COMMITTEE MEMBERS: Alderperson Seger thanked the speakers for coming to the meeting and encouraged them to stay for the discussion of this item later in the meting. Time Warner Cable and the Access Oversight Committee Alderperson Seger stated that he is the Chair of the Access Oversight Committee(AOC)and noted that some of the issues that the AOC has been considering need a broader discussion with a wider audience. These topics include the City's request to access funds from the previous franchise agreement to purchase wireless microphones for Common Council Chambers and the proposed reduction in the Pegasys studio hours. Chair Clairbome invited the following people to join in the Committee discussion: Thomas Doheny-General Manager of Time Warner Ithaca Office Weis Van Lueken—Cayuga Heights Representative to Access Oversight Committee Wayles Brown—City Representative/Secretary to Access Oversight Committee Assistant City Attorney—Patricia Dunn Mr.Doheny explained that cable companies are required to provide one channel for the public to produce programming on. He explained that under the current Franchise Agreement, Time Warner provides the studio with heat,light,and power and the City pays for the staffmg of the studio. The funding provided by the City is at a level that does not provide for a full-time position.The studio is currently open 20 hours per week,and Time Warner is proposing to reduce those hours to 16 hours per week in 2008. The employee who staffs the studio is a full-time employee of Time Warner Cable. Her 40 hour position is dedicated to public access and her work is divided between 25 hours in the studio and10-15 hours of administrative duties. Ms.Van Lueken stated that Cayuga Heights Village Board is in support of Cable Access Oversight Committee. She also noted that she is a cable access program producer who currently does not use studio however if she wanted to it would be difficult as the available time slots are usually filled. She explained that many program producers need the technical support of staff to have their programs played,and new producers need the studio hours to develop their programming. Mr.Brown stated that staff is needed to provide instruction to producers(editing techniques,how to use the equipment,etc.)and that Time Warner uses Ms. Stefanelli's time for other purposes.He further stated that there is not enough data available to determine what a reasonable number of studio hours is. He questioned how the fees charged to producers and non-franchise users are spent and wondered why those funds couldn't be spent to cover vacation hours and other types of staffing needs. Assistant City Attorney Dunn stated that the Franchise agreement includes a provision that allows the City to review the books to determine what the costs of the studio manager are. She further noted that the PEG Studio has been used for a very long time and under different franchise rules. Alderperson Seger explained that the Access Oversight Committee has oversight of the franchise fees collected from the participating municipalities(approximately$30,000).Those funds are used to purchase new equipment for the studio and to fund other public access needs. He questioned who had the authority to make an official request to review the books,the Access Oversight Committee or City staff. He further questioned why there is a distinction between studio hours and administrative hours for the Studio Manager and wondered why those two activities couldn't happen at the same time. Alderperson Korherr noted that the duration of the Franchise Agreement is 2003-2013 and the user fees that make up the municipal contributions of the City,Town of Ithaca and Village of Cayuga Heights equals .5%. She questioned whether an annual disclosure of City related expenses could be negotiated into the franchise agreement,and what the situation was surrounding the unspent funds from the previous franchise agreement. Assistant City Attorney Dunn asked if the money from the former franchise agreement is being held in an interest bearing account. She further noted that those funds should be used exclusively by the City as the other municipalities were not involved in old franchise agreement and the Access Oversight Committee was not in existence at that time. She suggested that a meeting between the City of Ithaca and Time Warner Cable be held to discuss the distribution of funds. Mr.Doheny explained that it is difficult for the Studio Manager to focus on administrative duties when the studio is open as many people require her technical assistance. He further stated that under the old franchise agreement funds had to be used for the production of access programming. These funds can be accessed through the Capital purchasing process. He noted that the Franchise Agreement does not need to be amended as Time Warner is required to file PSC reports that detail the expenditure of funds. Alderperson Berry stated that she agrees that a meeting should occur to discuss this issue further. She further expressed her feelings that the public is trying to protect an important resource and they shouldn't be put in a position where they are pitted against a corporation. Alderperson Korherr also agreed that a meeting should occur and expressed her opinion that the unspent franchise funds should be re-invested in community. Chair Clairborne thanked everyone for participating in meeting and noted the following issues that need to be followed up on: A meeting between the City and Time Warner needs to be established to discuss the use of the$133,000 in the old franchise agreement;Access Studio staffing including the collection of information on employee costs,the City's contribution for staffing and the use of non-franchise user and producer fees. Communications & Emergency Services Regular Meeting July 11, 2007 7:00 p.m. PRESENT: Chair J. R. Clairborne Alderpersons (4) Michelle Berry, David Gelinas, Shane Seger, Robin Korherr OTHERS PRESENT: Mayor Carolyn K. Peterson City Clerk— Julie Conley Holcomb Director of Information Technology— Duane Twardokus Fire Chief— Brian Wilbur Police Chief— Lauren Signer Deputy Police Chief— Edward Vallely Deputy Police Chief—John Barber Ithaca Police Sergeant Scott Garin Asst. City Attorney— Patricia Dunn ADDITIONS TO OR DELETIONS FROM THE AGENDA: Chair Clairborne requested the addition of Item 8B entitled "Executive Session to Discuss a Matter which if Disclosed Could Imperil Public Safety"; and Item 8C entitled "Executive Session to Discuss the Employment History of an Individual Employee". No Committee member objected. APPROVAL OF MINUTES: Approval of the June 13, 2007 Minutes By Alderperson Korherr: Seconded by Alderperson Seger RESOLVED, That the minutes of the June 13, 2007, Communications & Emergency Services Committee meeting be approved as published. Carried Unanimously PUBLIC COMMENT: Doria Higgins, Town of Ithaca — addressed the Committee regarding Time Warner Cable's threat to reduce the operating hours of the Pegasys Access Studio. She urged Committee members to do whatever possible to keep the current number of staffing hours intact as the studio is a valuable asset to the community and an important tool for democracy. Theresa Alt, City of Ithaca —voiced her concerns about the future of Access television and noted what an important community resource it has become since the former local news Channel 7 was moved to Channel 10 and is now stationed out of Syracuse. Mark Finkelstein, City of Ithaca — Producer& Host of the program "Right Angle" stated that local programming provides a valuable public service as the programs include a wide variety of guests and viewpoints. RESPONSE TO PUBLIC BY COMMITTEE MEMBERS: Alderperson Seger thanked the speakers for coming to the meeting and encouraged them to stay for the discussion of this item later in the meting. Alderperson Berry offered her support and help to the people of Coffeyville, Kansas. Alderperson Clairborne stated that he received an update from his hometown of Coffeyville, Kansas, and reported that the water has receded and people have been allowed to access their homes to salvage belongings. The Environmental Protection Agency has assessed the area and determined that 73,000 gallons of oil and diesel fuel was spilled and it will most likely result in the razing of many homes and businesses. As many as 300-500 households have been displaced by this flood. Strategic Funding for Fire Fighters (S4F) Project: Chair Clairborne explained that a committee has been meeting to discuss a strategic plan to increase the staff of the Ithaca Fire Department by 12 new firefighters within a reasonable period of time. The committee is comprosed of members of staff, Common Council, the Mayor, and representatives from the Fire Fighters Union, Board of Fire Commissioners and the Town of Ithaca. Fire Chief Wilbur noted that a variety of topics have been discussed in depth including the City budget, Fire Department constraints, opportunities, and ways to build a frame work for funding that could be included in future budgets. Mayor Peterson stated it is important to structure a plan regardless of where the funding comes from (ie. grants, Cornell University, Town of Ithaca). She stated that this effort is not to advocate for a particular department but an opportunity to strategically plan for the future growth and funding of the Fire Department. Alderperson Gelinas stated that he was glad that the 2007 budget added a staff position to Ithaca Fire Department roster and is pleased that the department is looking at long- term goals and strategies. B. Emergency Management Exercise Design Team Training City Clerk Holcomb reported that the City's Emergency Management Exercise Design Team recently offered a training session for senior staff members that focused on the activation of the Emergency Operation Center (EOC) and the roles and responsibilities of the Command Staff and General Staff positions within the Incident Command System (ICS). Part of the training included an interactive scenario where a severe thunderstorm, including high winds and heavy rain, struck Stewart Park during the Sunday, Ithaca Festival Event. This hypothetical storm also impacted other areas of the City resulting in flash flooding, property damage, utility outages, and traffic jams. The senior staff members were assigned to specific positions and were asked to review their respective responsibilities and list the immediate tasks that needed to be accomplished while keeping in mind the top priorities of life safety, incident stabilization, and property conservation. City Clerk Holcomb explained that this training was a first step in the ultimate goal of designing a functional exercise for the workforce that will focus on departments that don't get to practice their emergency management skills as much as the emergency response agencies such as the Department of Public Works, Building Department, Human Resources, and City Attorney's Office. This exercise is being planned for October 30, 2007. Time Warner Cable and the Access Oversight Committee Alderperson Seger stated that he is the Chair of the Access Oversight Committee (AOC) and noted that some of the issues that the AOC has been considering need a broader discussion with a wider audience. These topics include the City's request to access funds from the previous franchise agreement to purchase wireless microphones for Common Council Chambers and the proposed reduction in the Pegasys studio hours. Chair Clairborne invited the following people to join in the Committee discussion: Thomas Doheny- General Manager of Time Warner Ithaca Office Wies van Leuken — Cayuga Heights Representative to Access Oversight Committee Wayles Brown — City Representative/Secretary to Access Oversight Committee Assistant City Attorney— Patricia Dunn Mr. Doheny explained that cable companies are required to provide one channel for the public to produce programming on. He explained that under the current Franchise Agreement, Time Warner provides the studio with heat, light, and power and the City pays for the staffing of the studio. The funding provided by the City is at a level that does not provide for a full-time position. The studio is currently open 20 hours per week, and Time Warner is proposing to reduce those hours to 16 hours per week in 2008. The employee who staffs the studio is a full-time employee of Time Warner Cable. Her 40 hour position is dedicated to public access and her work is divided between 25 hours in the studio and10-15 hours of administrative duties. Ms. van Leuken stated that Cayuga Heights Village Board is in support of Cable Access Oversight Committee. She also noted that she is a cable access program producer who currently does not use studio however if she wanted to it would be difficult as the available time slots are usually filled. She explained that many program producers need the technical support of staff to have their programs played, and new producers need the studio hours to develop their programming. Mr. Brown stated that staff is needed to provide instruction to producers (editing techniques, how to use the equipment, etc.) and that Time Warner uses Ms. Stefanelli's time for other purposes. He further stated that there is not enough data available to determine what a reasonable number of studio hours is. He questioned how the fees charged to producers and non-franchise users are spent and wondered why those funds couldn't be spent to cover vacation hours and other types of staffing needs. Assistant City Attorney Dunn stated that the Franchise agreement includes a provision that allows the City to review the books to determine what the costs of the studio manager are. She further noted that the PEG Studio has been used for a very long time and under different franchise rules. Alderperson Seger explained that the Access Oversight Committee has oversight of the franchise fees collected from the participating municipalities (approximately $30,000). Those funds are used to purchase new equipment for the studio and to fund other public access needs. He questioned who had the authority to make an official request to review the books, the Access Oversight Committee or City staff. He further questioned why there is a distinction between studio hours and administrative hours for the Studio Manager and wondered why those two activities couldn't happen at the same time. Alderperson Korherr noted that the duration of the Franchise Agreement is 2003-2013 and the user fees that make up the municipal contributions of the City, Town of Ithaca and Village of Cayuga Heights equals .5%. She questioned whether an annual disclosure of City related expenses could be negotiated into the franchise agreement, and what the situation was surrounding the unspent funds from the previous franchise agreement. Assistant City Attorney Dunn asked if the money from the former franchise agreement is being held in an interest bearing account. She further noted that those funds should be used exclusively by the City as the other municipalities were not involved in old franchise agreement and the Access Oversight Committee was not in existence at that time. She suggested that a meeting between the City of Ithaca and Time Warner Cable be held to discuss the distribution of funds. Mr. Doheny explained that it is difficult for the Studio Manager to focus on administrative duties when the studio is open as many people require her technical assistance. He further stated that under the old franchise agreement funds had to be used for the production of access programming. These funds can be accessed through the Capital purchasing process. He noted that the Franchise Agreement does not need to be amended as Time Warner is required to file PSC reports that detail the expenditure of funds. Alderperson Berry stated that she agrees that a meeting should occur to discuss this issue further. She further expressed her feelings that the public is trying to protect an important resource and they shouldn't be put in a position where they are pitted against a corporation. Alderperson Korherr also agreed that a meeting should occur and expressed her opinion that the unspent franchise funds should be re-invested in community. Chair Clairborne thanked everyone for participating in meeting and noted the following issues that need to be followed up on: A meeting between the City and Time Warner needs to be established to discuss the use of the $133,000 in the old franchise agreement; Access Studio staffing including the collection of information on employee costs, the City's contribution for staffing and the use of non-franchise user and producer fees. Capital Project Request: Mobile Command Vehicle Replacement for Emergency Services —Action Item Police Chief Signer, Deputy Police Chief Barber, Deputy Police Chief Vallely and Sgt. Garin addressed the committee regarding a joint request with Ithaca Fire Department to replace the aging SWAT Bus with a new Mobile Command Vehicle. Sgt. Garin shared the SWAT Bus history, function, and needs through a Power Point presentation. He explained that the bus has exceeded its useful life and has been experiencing failures in its mechanical systems and physical structure. It has become a financial drain both in maintenance and fuel costs and is creating environmental hazards due to the excessive amounts of carbon monoxide emissions caused by its old engine and exhaust system. He further stated that the Ithaca Police and Fire departments have worked collaboratively to draft design and equipment requirements for a new mobile command vehicle that could be utilized by both departments during a large-scale emergency response. The life expectancy of the new vehicle would be 20 years. 8a. Ithaca Police Department— Ithaca Fire Department— Capital Request to Purchase a Mobile Command Vehicle - Resolution By Alderperson Gelinas: Seconded by Alderperson Berry WHEREAS, the Ithaca Police Department has utilized a mobile incident command vehicle since the donation of its first unit in 1998 by Bangs Ambulance, and WHEREAS, members of the department's SWAT team put many personal hours in to properly tailoring the vehicle to its unique, emergency response needs, and WHEREAS, the vehicle was replaced in 2002 with the donation of a retired bus from the Tompkins Consolidated Area Transit agency, which SWAT team members again put in many volunteer items to outfit the 35-foot bus to the team's needs, and WHEREAS, many community businesses and members of the public have aided the completion and maintenance of the former and current SWAT buses through numerous donations of time and equipment, and WHEREAS, in addition to emergency response the current SWAT bus also is used to facilitate connections with the Ithaca community though its inclusion in various community events where team members give the public personal tours of the vehicle, and WHEREAS, the current SWAT bus has exceeded its useful life, causing the department to steadily respond to failures in its mechanics and structure, and WHEREAS, due to the age of the current SWAT bus, the police department recognizes the environmental hazards and financial drain created by its operation through the emission of excessive amounts of carbon monoxide from its old engine and exhaust system, the intrusive noise created during operation, and its high and inefficient consumption of fuel, and WHEREAS, the Ithaca Police Department and the Ithaca Fire Department have been working collaboratively to craft design and equipment requirements for a replacement mobile incident command vehicle that could serve the needs of both departments during a large-scale emergency response, and WHEREAS, plans for the new vehicle jointly designed by these two emergency service departments include a communications network that could serve as a mobile replacement for the Tompkins County 911 if the need arose, and WHEREAS, the life expectancy of this new vehicle is up to 20 years; now therefore, be it RESOLVED, That the Communications and Emergency Services Committee hereby endorses this capital project request from the City's fire and police departments for a replacement mobile incident command vehicle in an amount not to exceed $475,000, and be it further RESOLVED, That this committee urges the Mayor and the Capital Projects Committee to strongly consider this request for inclusion in the 2008 Capital Projects Budget. Alderperson Gelinas noted that the history of the SWAT bus has been phenomenal. He questioned whether other sources of funding might be available as he is not comfortable with the City paying the full amount for the bus. Deputy Police Chief Barber stated that funding sources are currently being explored and that $100,000 has been pledged by an anonymous donor. Amending Resolution By Alderperson Korherr: Seconded by Alderperson Gelinas RESOLVED, That the 9th Whereas Clause be amended to read as follows: 'WHEREAS, plans for the new vehicle jointly designed by these two emergency service departments include a communications network that could serve as a mobile replacement for the Tompkins County 911 system if the need arose, and at the same time acknowledges the City's substantial annual contribution to the existing Tompkins County 911 network, and" and, be it further RESOLVED, That the 1st Resolved clause be amended to change the "not to exceed" amount to $370,000 due to the anticipated anonymous donation of$100,000, and, be it further RESOLVED, That a new Resolved clause be added as the 2nd Resolved to read as follows: "RESOLVED, That City staff and department heads pursue all possible grant opportunities and funding sources to reduce the costs as well as coordinate with other public safety agencies and the Tompkins County Public Safety Committee to maximize the cost effectiveness of inter-municipal cooperation, and be it further" Carried Unanimously Mayor Peterson noted that it is unusual for Common Council to take a stand on a Capital Project request before the entire list of projects has been reviewed. She questioned whether this should be interpreted to mean that Council is putting this request at the top of the Capital Project list that has a $2 million cap. Alderperson Gelinas stated that a vote tonight should not imply a favorable vote once the entire budget is presented. Alderperson Berry voiced her desire to support the request due to the amazing success of the SWAT Team and noted that the public relations aspect of the vehicle is appealing. She noted that she admires the work that has been done and appreciates the collaboration with the Fire Department. Alderperson Korherr stated that she agrees with Alderperson Gelinas that this Standing Committee of Common Council is not the Capital Projects Committee which is charged with prioritizing the capital funding requests. She further stated that New York State under-spent the money available through the Department of Homeland Security and suggested that staff investigate potential funding sources through them. Chair Clairborne noted that he feels conflicted as he recognizes the worthy cause that the mobile command vehicle is but is also working to find ways to fund more fire fighter positions. He further noted that this Resolution would be forwarded to the Mayor and the Capital Projects Committee, not to Common Council. Main Motion as Amended: A vote on the Main Motion as Amended resulted as follows: Carried Unanimously The Amended Resolution reads as follows: Ithaca Police Department— Ithaca Fire Department— Capital Request to Purchase a Mobile Command Vehicle - Resolution By Alderperson Gelinas: Seconded by Alderperson Berry WHEREAS, the Ithaca Police Department has utilized a mobile incident command vehicle since the donation of its first unit in 1998 by Bangs Ambulance, and WHEREAS, members of the department's SWAT team put many personal hours in to properly tailoring the vehicle to its unique, emergency response needs, and WHEREAS, the vehicle was replaced in 2002 with the donation of a retired bus from the Tompkins Consolidated Area Transit agency, which SWAT team members again put in many volunteer items to outfit the 35-foot bus to the team's needs, and WHEREAS, many community businesses and members of the public have aided the completion and maintenance of the former and current SWAT buses through numerous donations of time and equipment, and WHEREAS, in addition to emergency response the current SWAT bus is also used to facilitate connections with the Ithaca community though its inclusion in various community events where team members give the public personal tours of the vehicle, and WHEREAS, the current SWAT bus has exceeded its useful life, causing the department to steadily respond to failures in its mechanics and structure, and WHEREAS, due to the age of the current SWAT bus, the police department recognizes the environmental hazards and financial drain created by its operation through the emission of excessive amounts of carbon monoxide from its old engine and exhaust system, the intrusive noise created during operation, and its high and inefficient consumption of fuel, and WHEREAS, the Ithaca Police Department and the Ithaca Fire Department have been working collaboratively to craft design and equipment requirements for a replacement mobile incident command vehicle that could serve the needs of both departments during a large-scale emergency response, and WHEREAS, plans for the new vehicle jointly designed by these two emergency service departments include a communications network that could serve as a mobile replacement for the Tompkins County 911 system if the need arose, and at the same time acknowledges the City's substantial annual contribution to the existing Tompkins County 911 network, and WHEREAS, the life expectancy of this new vehicle is up to 20 years; now therefore, be it RESOLVED, That the Communications and Emergency Services Committee hereby endorses this capital project request from the City's fire and police departments for a replacement mobile incident command vehicle in an amount not to exceed $370,000, and be it further RESOLVED, That City staff and department heads pursue all possible grant opportunities and funding sources to reduce the costs as well as coordinate with other public safety agencies and the Tompkins County Public Safety Committee to maximize the cost effectiveness of inter-municipal cooperation, and be it further RESOLVED, That the Communications and Emergency Services committee urges the Mayor and the Capital Projects Committee to strongly consider this request for inclusion in the 2008 Capital Projects Budget. Carried Unanimously Motion to Enter into Executive Session to Discuss a Matter that if Disclosed Could Imperil Public Safety and to Discuss the Employment History of an Individual Employee: By Alderperson Gelinas: Seconded by Alderperson Korherr RESOLVED, That the Committee enter into Executive Session to Discuss a Matter that if Disclosed Could Imperil Public Safety and to Discuss the Employment History of an Individual Employee. Carried Unanimously Reconvene: The Committee reconvened into open session with no formal action taken. ADJOURNMENT: On a motion the meeting adjourned at 10:00 p.m. ety),ettl lie C. Holcomb J. . Clairborne City Clerk air