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HomeMy WebLinkAboutMN-CA-2008-01-01CITY ADMINISTRATION COMMITTEE Regular Meeting January 30, 2008 Members Present: Alderperson Coles, Alderperson Zumoff, Alderperson Clairborne (arrived at 7:15 p.m.), Alderperson Korherr, Alderperson Schuler, Mayor Peterson Council Members Present: Alderperson Rosario, Alderperson Dotson, Alderperson Tomlan Staff Present: Leslie Chatterton (Historic Preservation & Neighborhood Plnr), Dan Hoffman (City Attorney), Bill Gray (Supt of Public Works), JoAnn Cornish -Epps (Deputy Ping Director), Phyllis Radke (Building Commissioner), Liz Vance (Deputy YB Director), Allen Green (YB Director), Steve Thayer (Controller), Scott Andrew (Deputy Controller), 5chelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Nels Bohn (IURA Director), John Schroeder, Members of Mutual Housing Association (MHA) Board of Directors & Residents, Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:05 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Coles welcomed everyone to the meeting, introduced Committee members and explained the evacuation procedures. 2. Announcements 3. Agenda Review and Amendments Chairperson Coles stated that Item 16 - Fire Department has been removed from the agenda. City Administration Committee Meeting January 30, 2008 Page 2 4. Approval of Minutes Alderperson Zumoff made a motion to approve the minutes as amended from the November 28, 2007 meeting. Seconded by Alderperson Coles. Motion carried 4 -0. (Alderperson Clairborne was absent from the vote.) Alderperson Clairborne arrived at 7:15 p.m. 5. Statements from the Public Marcus Goines, Board of Directors' President and resident of Mutual Housing Association (MHA), spoke in favor of the Tax Abatement for MHA. The Executive Director's position has been vacant for a long time causing the residents to have to step in and deal with the responsibilities of the vacant position. The request before the Committee will assist MHA to become financially stable. Phoebe Brown, MHA Resident, feels that MHA is a community and wants to keep it that way. Ms. Brown encouraged the Committee to support the Tax Abatement for MHA. Christopher Thomas of Trumansburg recently became a member of MHA Board of Directors. Mr. Thomas stated that the MHA problems are financial. To ensure that MHA remains solvent and independent, Mr. Thomas asked the Committee to support the Tax Abatement for MHA. Margaret McCasland is a resident and Board Member of MHA. Ms. McCasland expressed appreciation for the resources offered and asked that the Committee approve the Tax Abatement for MHA. John Schroeder of Ithaca spoke in support of the City allocating funding for the new comprehensive plan. 6. Employee Comments JoAnn Cornish -Epps of the Planning Department spoke in support of the Management Compensation Plan and asked the Committee to approve the resolution. Phyllis Radke of the Building Department spoke about the inequities in managerial salaries and asked the Committee to approve the resolution for the Management Compensation Plan. City Administration Committee Meeting January 30, 2008 Page 3 7. Common Council Response. None. 8. Workforce Diversity (WFD) Committee Update The WFD Committee met Monday - January 28, 2008. The City Controller presented his Diversity and Communication Plans. The WFD Committee is looking at the City's Hiring Process. Alderperson Clairborne is the Common Council liaison to the WFD Committee. 9. Safety Committee Update 1. Standard Operating Procedures. This item will be considered next month. 2. Capital Pro iect for Workplace Violence Improvements Moved by Alderperson Schuler. Seconded by Alderperson Korherr. WHEREAS, recently passed New York State legislation requires municipalities to have a Workplace Violence Prevention Program, and WHEREAS, in response to that legislation, a City Workplace Violence Prevention Team was formed, and WHEREAS, the team recognized that the scope of security expertise required was beyond in -house capabilities, and WHEREAS, the City contracted with Business Protection Specialists Inc. (BP5) to conduct a security assessment of all city facilities, and WHEREAS, the resulting assessment prioritized 146 recommendations, determined operational and facility deficiencies, and recommended equipment upgrades to achieve support safe guards, and WHEREAS, the recommendations identified several high priorities and immediate issues of concern to be addressed, and City Administration Committee Meeting January 30, 2008 Page 4 WHEREAS, the cost estimate for implementing the high priority recommendations are approximately $51,000, including financing costs; now therefore, be it RESOLVED, That Common Council hereby establishes Capital Project #742 in an amount not to exceed $51,000 for the purposes of implementing said workplace violence prevention improvements, and be it further RESOLVED, That funds necessary for said project shall be derived from a General Fund Advance with later repayment from the issuance of Serial Bonds if necessary. A vote on the resolution resulted as follows: Passed unanimously. 10. Communication Committee Update. None. 11. Department Head Report on WFD Plans. None. 12. Department of Public Works 1. Amendment of Capital Project 706 for Stewart Park Dock Construction Moved by Alderperson Korherr. Seconded by Alderperson Clairborne. WHEREAS, on January 8, 2008 the City accepted and opened bids for the design and construction of a dock at Stewart Park, and, WHEREAS, the apparent qualified low bidder is McPherson Builders of Ithaca for approximately $70,000, and, WHEREAS, the total estimated project budget based upon the apparent qualified low bid is $96,000, and, WHEREAS, as part of the 2007 Authorized Capital Budget, Capital Project #706 Stewart Park Dock Construction was approved in the amount of $40,000, and WHEREAS, the post bid project budget estimate is $96,000, which exceeds the current project authorization by $56,000; now, therefore, be it City Administration Committee Meeting January 30, 2008 Page 5 RESOLVED, That Common Council hereby amends Capital Project #706 Stewart Park Dock Construction in an amount not to exceed $56,000 for a new total project authorization not to exceed $96,000 for purposes of constructing said dock, and be it further RESOLVED, That said project amendment of $56,000 shall be derived from the following sources: Trust and Agency ECHO (Every Child has Opportunities) Fund General Fund Advance (later repayment from the issuance of Bonds if necessary) A vote on the resolution resulted as follows: Ayes (4): Coles, Clairborne, Korherr, Schuler Nays (1): Zumoff $15,000 $41,000 Motion Passed 4 -1. 2. Approval of 100 Block N. Aurora St. Sidewalk Assessments Moved by Alderperson Schuler. Seconded by Alderperson Clairborne. WHEREAS, the Sidewalk Assessments for the widening of the sidewalks of the 100 Block of North Aurora Street have been reviewed by the Board of Public Works, and WHEREAS, the BPW has approved the sidewalk assessments; now, therefore, be it RESOLVED, That Common Council hereby approves the Sidewalk Assessment Schedule attached and directs the City Chamberlain to make the appropriate billing for said assessments. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting January 30, 2008 Page 6 13. Building Department 1. Ordinance for Amending Exterior Maintenance - Section 178 -3J (4) Moved by Alderperson Korherr. Seconded by Alderperson Schuler. WHEREAS, Chapter 178 of the City Code ( "Exterior Property Maintenance ") was adopted in 2001 to establish the minimum standards for maintenance of exterior grounds and visible facades in the City of Ithaca; and WHEREAS, violation of this Chapter can result in the issuance of an appearance ticket by the Building Department's Exterior Maintenance Officer; and WHEREAS, Subsection 178 -3.J. of Chapter 178 establishes that a property owner's sidewalk must be free from snow and ice within 24 hours after the beginning of a snowfall; and WHEREAS, in 2005, in response to a continuing problem as to property owner compliance with this requirement, Common Council amended Subsection 178 -3.J. to authorize the Superintendent of Public Works (or his or her designee) to clear sidewalks not maintained by the property owner in compliance with the ordinance, and to cause the property owner to be billed for such clearing; and WHEREAS, in making the 2005 amendment, Common Council did not modify the language of Section 178 -7 (now entitled "Notification when City intends to correct violation "), which requires that the Building Commissioner provide at least five days written notice of any violation of the chapter, to the affected property owner, before the City can correct such violation and charge a fee to the property owner for such correction, and which allows the property owner to request a hearing before the Board of Public Works (which hearing automatically stays any further enforcement of the alleged violation); and WHEREAS, a five -day (or more) delay in the clearing of snow and /or ice from a sidewalk essentially defeats the purpose of Subsection 178 -3.J. and should not be imposed or allowed by the ordinance; and City Administration Committee Meeting January 30, 2008 Page 7 WHEREAS, Common Council also wishes to increase the minimum charge for the correction of a violation of Chapter 178 (to $50) and to clarify the ordinance in certain other respects; now therefore ORDINANCE 08- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca, as follows: Section 1: Section 178 -2 of the Municipal Code of the City of Ithaca is hereby amended by the addition of the following definition: SNOWFALL - A measurable accumulation of snow or ice, not including trace or flurry events resulting in no measurable ground accumulation of snow or ice. Section 2: Subsection 178 -3.J of the Municipal Code of the City of Ithaca is hereby amended as follows: J. Sidewalks, snow and ice. [Amended 12 -7 -2005 by Ord. No. 05 -25] (1) Sidewalks shall be free from snow and ice for the full paved width of such sidewalk, except within 24 hours after the beginning of a snowfall. Failure to comply shall be punished as provided in §178- 10B(2). Each day that a violation continues shall be considered a separate offense. (2) For properties that abut the intersection of two streets, the sidewalks shall include that portion of the sidewalk that runs to the curbline of any street and shall include any access ramps therein. (See §285 -5.) (3) When snow and ice on any sidewalk within the time period specified in Subsection J(1) above is frozen so hard that it can not be removed without injury to the sidewalk, it shall, within the time specified in Subsection J(1) above be strewn and kept strewn with ashes, sand, sawdust or other suitable material, so as to be no longer dangerous to life and limb. As soon as practical thereafter, the City Administration Committee Meeting January 30, 2008 Page 8 sidewalk shall be completely cleared of snow, ice and other materials strewn thereon, as provided in Subsection J(1). (4) Whenever the sidewalks are any sidewalk is not kept free from snow and ice as defined in Subsection J(1), the Superintendent of Public Works or his or her designee may clear the sidewalk so that it is free from snow and ice and shall notify the City Chamberlain of the expense incurred by the amount of labor equipment and materials used. The minimum charge shall be $25 50. The City Chamberlain shall promptly present to the owner of e-ac gny parcel so cleared a bill for the removal of snow and ice, as certified by the Superintendent of Public Works. If not paid within 30 days, the cost thereof shall be assessed against the property, added to its tax and become a lien thereon, collectible in the same manner as delinquent City taxes. Appeals from this section shall only be permitted if written notice of appeal is received by the Ithaca City Clerk within 45 days after the mailing of the bill from the Chamberlain, and such appeals shall be taken to the Board of Public Works. Section 3: Subsection 178 -7 of the Municipal Code of the City of Ithaca is hereby amended as follows: §178 -7. Notification when City intends to correct violation; handling of snow or ice removal; hearing for contested notice or billing, Except as otherwise specified in this subsection, -1 in any case in which the City intends to correct a violation of this chapter and then bill the property owner for the correction of the violation, the Building Commissioner or his /her designee shall notify the owner of the property and, where relevant, the registered agent who has assumed responsibility as outlined in §178 -5 of this Code, in writing, of any violation of this chapter. In the case of a violation of subsection 178 -3.J (i.e., failure to clear snow or ice from a sidewalk), notice of such violation or of the City's intention to remedy the violation shall not be required prior to the clearing of such snow or ice by direction of the Superintendent of Public Works, as provided for in subsection 178- 3.J(4); in that case, the bill for such clearing from the City Chamberlain as provided for in said subsection shall constitute notice of the violation, and shall also state that the property owner may contest the billing by making a written request for a hearing before the Board of Public Works, in the City Administration Committee Meeting January 30, 2008 Page 9 manner provided for below. Any other notice required by this section shall be served in person or by mail to the address appearing on the City tax roll, requiring such person, within a time specified in such notice but in no event less than five days from the service or mailing thereof, to comply with this chapter and to cause the grass, brush or solid waste to be cut back or removed or, if graffiti, to have the same removed so as to comply with this chapter. In the event that graffiti removal is ordered during the winter months, then, upon receipt of a written request from the property owner or agent within the time specified in the notice for removal, the Building Commissioner may in his or her discretion extend the compliance period. Such notice shall also state that the property owner may contest the finding of the Building Commissioner by making a written request to have a hearing on the matter held at the next regularly scheduled meeting of the Board of Public Works. This wi-it+ AnA request for such a hearing must be mailed and postmarked or personally delivered to the Building Commissioner within the five -day compliance period (or, in the case where the City has billed the property owner for removal of snow or ice from a sidewalk, within five days of the mailing of such bill), and any such written request for a hearing shall automatically stay further enforcement concerning the alleged violation pending such hearing. The decision of the Board of Public Works, by majority vote, shall be binding, subject to any further judicial review available to either the City or the property owner. Upon the failure of sueh a property' owner to comply with the requirements of subsection 178 -3.J of this chapter, or with the stw--h notice of violation of any other provision of this chapter (or, alternatively, to request a hearing as aforesaid within the time limit stated #hernia in such notice, or upon a Board of Public Works determination, after such a hearing, that a violation exists), the Building Commissioner shall refer the matter by memorandum to the Superintendent of Public Works, who shall cause such premises to be put in such condition as will comply and shall charge the cost thereof to the owner of said premises, including a charge of 50% for supervision and administration. The minimum charge to the property owners for such work shall be $25 50. Bills rendered for such services shall be handled in the manner prescribed by § 331 3 subsection 178 -3.J of the Code. Section 4: Supersession. This Section is intended to supersede any inconsistent provision of the City Charter or Code. City Administration Committee Meeting January 30, 2008 Page 10 Section 5: Validity. The invalidity of any provision of this Section shall not affect the validity of any other provision which can be given effect without such invalid provision. Section 6: Effective Date. This Section shall take effect immediately in accordance with law upon publication of a notice as required by the Ithaca City Charter. A vote on the resolution resulted as follows: Ayes (4): Coles, Clairborne, Korherr, Schuler Nays (1): Zumoff Motion Passed 4 -1. 14. Planning Department 1. Establishment of Capital Project for Comprehensive Plan 2010 Moved by Alderperson Schuler. Seconded by Alderperson Korherr. WHEREAS, the undertaking of a comprehensive plan comes at Mayor Carolyn Peterson's initiative, first expressed in the 2004 State of the City Address and later with the appointment of the "pre- planning committee" last February, and WHEREAS, the comprehensive plan has received preliminary approval from the Planning & Economic Development Committee as a 2008 priority project for the Department of Planning & Development, and WHEREAS, the 2008 capital project committee determined the comprehensive plan to be mission critical and approved the project for 2008 funding, and WHEREAS, the funding for the comprehensive plan was inadvertently omitted from the final 2008 capital project document approved by the Common Council, and WHEREAS, the commencement of a comprehensive plan at the time enables the City to coordinate with the Town of Ithaca's comprehensive planning process and allows the City to have its own goals, objectives, and plans articulated as the Town, City Administration Committee Meeting January 30, 2008 Page 11 the County, and Cornell University move forward to implement their respective plans; now, therefore, be it RESOLVED, That Common Council hereby establishes Capital Project # 741 Comprehensive Plan in an amount not to exceed $200,000 over a two -year period ($125,000 the first year and $75,000 the second year), and be it further RESOLVED, That funds necessary for said Plan shall be derived from a General Fund advance with later repayment from the issuance of Serial Bonds. A vote on the resolution resulted as follows: Ayes (4): Coles, Clairborne, Korherr, Schuler Nays (1): Zumoff Motion Passed 4 -1. 2. Amend Personnel Roster to Decrease Hours of Senior Planner Moved by Alderperson Korherr. Seconded by Alderperson Clairborne. WHEREAS, currently the Senior Planner position in the Department of Planning and Development is staffed at 28 hours per week, and WHEREAS, the employee currently holding the title of Senior Planner and has requested a reduction in hours from 28 to 25 hours per week, now therefore be it RESOLVED, The Common Council of the City of Ithaca hereby amends the authorized Planning and Development roster as follows: Delete: One (1) Twenty -eight (28) hour per week Senior Planner Position, Add: One (1) Twenty -five (25) hour per week Senior Planner Position and, be it further City Administration Committee Meeting January 30, 2008 Page 12 RESOLVED, That there are no additional funds are required for this change, and be it further RESOLVED, That this change be effective January 1, 2008. A vote on the resolution resulted as follows: Ayes (4) Nays (1): Coles, Clairborne, Korherr, Schuler Zumoff Motion Passed 4 -1. 15. Youth Bureau 1. Request for Budget Amendment Moved by Alderperson Korherr. Seconded by Alderperson Schuler. WHEREAS, the Ithaca Youth Bureau has been advised by the U.5 Department of Education that they have been awarded a Safe and Drug -Free Schools and Communities Mentoring Program grant, and WHEREAS, the total grant awarded is for $169,395 funded over both 2007 and 2008, and WHEREAS, the goal of this funding is to provide long -term mentoring and academic support for 50 middle school youth through the Youth Bureau College Discovery Program and Paul Schreurs Memorial Program; now, therefore, be it RESOLVED, That Common Council hereby amends the 2008 Youth Bureau Budget to account for the 2008 portion of said grant as follows: Increase revenue account: A7310 - 4820 - 01200 Federal Aid $9,544 A7310 - 4820 - 01201 Federal Aid $2,800 A7310 - 4820 - 01206 Federal Aid $6,200 A7310 - 4820 - 01221 Federal Aid $7,956 City Administration Committee Meeting January 30, 2008 Page 13 A7310 - 4820 - 01240 Federal Aid $71,658 A7310 - 4820 - 01400 Federal Aid $8,179 Increase expense account: A7310 - 5125 - 1201 Overtime $1,800 A7310 - 5460 - 1201 Program Supplies $1,000 A7310 - 5120 - 1206 Part time Seasonal $4,950 A7310 - 5460 - 1206 Program Supplies $1,250 A7310 - 5120 - 1221 Part time/ Seasonal $4,310 A7310 - 5125 - 1221 Overtime $1,800 A7310 - 5445 - 1221 Travel & Mileage $1,846 A 7310 - 5120 -1240 Part time/ Seasonal $48,398 A7310 - 5110 - 1240 Staff Salary $2,361 A7310 - 5435 - 1240 Contractual $11,000 A7310 - 5445 - 1240 Travel & Mileage $5,149 A7310 - 5460 - 1240 Program Supplies $4,750 A7310 - 5405 - 1400 Telephone $1,000 A7310 - 5435 - 1400 Contracts $1,000 A7310 - 5437 - 1400 Merchant Expenses $2,000 A7310 - 5420 - 1400 Gas & Oil $2,000 A7310 - 5425 - 1400 Office Expense $1,000 A7310 - 5476 - 1400 Equipment Maintenance $500 A7310 - 5480 - 1401 Building Maintenance $679 A7310 - 9030 FICA /Medicare $4,867 A7310 - 9040 Workers Comp. $4,677 A vote on the resolution resulted as follows: Passed unanimously. 16. Fire Department 1. Amend Personnel Roster to Increase Financial Management Assistant to Full -Time. This item was removed from the agenda. City Administration Committee Meeting January 30, 2008 Page 14 17. Common Council 1. Background Information on Exemption for Capital Improvements to Residential Buildings. This item will be considered at the next meeting. 2. Request for Tax Exemptions from Lakeview Mental Health Services and Mutual Housing Association of Tompkins County A Local Law Establishing a Partial Exemption from Real Property Taxes for City Tax Parcel No. 25 -3 -1.1 (Mutual Housing Association of Tompkins County, Phase 1). Moved by Alderperson Korherr. Seconded by Alderperson Zumoff. WHEREAS, the Mutual Housing Association of Tompkins County, Inc. (hereinafter "MHATC" or "Owner "), a corporation organized and existing under and by virtue of New York State law, is the owner of Tax Map Parcel No. 25 -3 -1.1 in the City of Ithaca, County of Tompkins, New York (the "Property "), and WHEREAS, MHATC was initiated in 1989 (and incorporated as an independent entity in 1998) and has been operated since then for the purpose of providing housing independent of the speculative market, and of enabling its residents, through a cooperative approach, to control their housing costs and to create the opportunity for stable, long -term occupancy within a supportive community, without the requirement of home ownership, and WHEREAS, the Property is the site of 14 of the 30 housing units that have been developed and are owned by MHATC, which 14 units (known as "Phase I ") were the beneficiary of funding pursuant to Article 18 of the New York Private Housing Finance Law ( "PHFL ") and were completed on or about October 29, 1993; and WHEREAS, as a result of such funding, and pursuant to the New York Real Property Tax Law ( "RPTL "), Section 421(e), the Property is eligible for an exemption from local and municipal taxes (including school taxes), upon the adoption of a local law to that effect by the legislative body of the City of Ithaca (Common Council); and City Administration Committee Meeting January 30, 2008 Page 15 WHEREAS, the Property is eligible for such exemption for a period of up to 20 years from the taxable status date immediately following the completion of the units (i.e., starting March 1, 1994, and running until March 1, 2014, at the latest); and WHEREAS, such exemption may be for 100% of the assessed value for a maximum of 12 years (from the date of completion of the units - i.e., until March 1, 2006, in this case), for 80% of assessed value for the next two years (until March 1, 2008), for 60% of assessed value for the next two years (until March 1, 2010), for 40% of assessed value for the next two years (until 2012) and for 20% of assessed value for the final two years of eligibility; and WHEREAS, the Common Council has determined that the continued availability and affordability of the housing provided by MHATC is beneficial to and in the best interests of the public and the City; and WHEREAS, as a means of assisting MHATC in accomplishing its objectives, the Owner has requested from the City, and the Common Council desires to extend to the Owner, a partial tax exemption for the Property, for two years, effective March 1, 2008, subject to an agreement by the Owner to direct the benefits of such exemption into the Owner's general revenues and to make such benefits available for the Owner's general operating expenses (rather than for the benefit of any particular residents or class of residents) and to take certain steps, within the next month, to enhance the long -term financial viability of MHATC; now therefore Local Law No. of 2008 BE IT ENACTED by the Common Council of the City of Ithaca, as follows: SF1' nm 1 Pursuant to Section 421(e) of the New York Real Property Tax Law, an exemption from real property taxes levied by the City of Ithaca, and, to the extent applicable by law, by other local taxing authorities, including the Ithaca City School District, is hereby granted for the property comprised of Tax Map Parcel No. 25 -3 -1.1 in the City of Ithaca, upon the following conditions: City Administration Committee Meeting January 30, 2008 Page 16 (a) Said exemption from real property taxes (other than assessments for local improvements) shall apply to 60% of the assessed value of the Property (including both land and improvements), commencing on March 1, 2008 (the "Effective Date "), and shall terminate either on the date which is two (2) years from the Effective Date or on the date that the Property ceases to be subject to one or more provisions of Article 18 of the PHFL pursuant to the provisions of Paragraph (c) of subdivision 6 -a of section 1102 of such law or upon the breach (and failure to cure, upon notice by the City) by the Owner of any substantive term of the Agreement - in- Lieu -of -Taxes between the parties (see subparagraph (b), below), whichever date first occurs (and which date is hereinafter referred to as the "Expiration Date "); and (b) The continuation of this exemption shall be conditioned upon the agreement by MHATC to direct the benefits of such exemption into the Owner's general revenues and to make such benefits available for the Owner's general operating expenses (rather than for the benefit of any particular residents or class of residents) and to take certain steps, within the next month, to enhance the long- term financial viability of MHATC, including the following: Engage the National Development Council for assistance in a financial evaluation and planning effort, including the critiquing and refining of MHATC's financial plan. SECTION 2. The Mayor, upon the advice of the City Attorney and City Controller and on behalf of the City of Ithaca, is hereby authorized and requested to execute an agreement -in- lieu -of -taxes between the City and the Owner, incorporating the terms set forth hereinabove, and to take any and all other actions necessary to effectuate or verify the tax exemption approved herein. SECTION 3. Effective Date and Operative Date. This law shall take effect immediately upon filing with the Secretary of State of the State of New York. After discussion, Alderperson Korherr made a motion to amend the Local Law by adding that Mutual Housing Association would engage National Development Council City Administration Committee Meeting January 30, 2008 Page 17 to critique and refine their financial plan. Seconded by Alderperson Schuler. A vote on the amendment resulted as follows: Ayes (4): Coles, Zumoff, Korherr, Schuler Nays (0): Abstained (1): Clairborne Motion passed 4 -0 -1. After further discussion, Alderperson Zumoff made a motion to add one (1) month in the last Whereas and in (b) of the Resolved. Seconded by Alderperson Schuler. A vote on the amendment resulted as follows: Ayes (4): Coles, Zumoff, Korherr, Schuler Nays (0): Abstained (1): Clairborne Motion passed 4 -0 -1. A vote on the main motion as amended resulted as follows: Ayes (4): Coles, Zumoff, Korherr, Schuler Nays (0): Abstained (1): Clairborne Motion passed 4 -0 -1. Approval of Exemption from Real Property Taxes and Provision for In -Lieu Payments, With Regard to City of Ithaca Tax Map Parcels Nos. 44 -3 -1, 44- 3-2.2 and 44 -3 -8 (also known as 310 -318 Third Street and 313 -315 Fourth Street - Lakeview Mental Health Services Project), Pursuant to Article XI of the Private Housing Finance Law of the State of New York Moved by Alderperson Korherr. Seconded by Alderperson Zumoff. WHEREAS, I5N Housing Development Fund Company, Inc.(hereinafter "I5N" or "Owner "), of 715 Central Avenue, Dunkirk, New York 14084, a corporation organized and existing under and by virtue of Article XI of the New York State Private Housing Finance Law ( "PHFL "), is the current owner of Tax Map Parcels Numbers 44 -3 -1, 44 -3 -2.2 and 44 -3 -8 (also known as 310 -318 Third Street and City Administration Committee Meeting January 30, 2008 Page 18 313 -315 Fourth Street) in the City of Ithaca, County of Tompkins, New York (the "Property "), by deed from Lakeview Mental Health Services, Inc., recorded on December 13, 2007, in the office of the Tompkins County Clerk; and WHEREAS, ISN is the general partner in Ithaca Special Needs, LP, the developer of the Property, which partner is wholly owned by Lakeview Mental Health Services, Inc., a New York not - for - profit corporation; and WHEREAS, the afore - mentioned parcels comprise the site of a 38 -unit housing project currently under construction by Ithaca Special Needs, LP, which Project is intended to provide affordable rental housing and related available care and services, allowing qualified persons of low income with severe and persistent mental disabilities to live relatively independently and to function as part of the community; and WHEREAS, pursuant to PHFL Article XI, Section 577, the legislative body of the City of Ithaca (Common Council) may exempt real property occupied by such a project from local and municipal taxes, for a period of up to 40 years from the date such exemption becomes available; and WHEREAS, the Common Council has determined that the construction and operation of the Project, as a source of affordable rental housing with associated care and services, for a special needs population, is beneficial to and in the best interests of the public and the City; and WHEREAS, as a means of assisting the Project in accomplishing its objectives, the Owner has requested from the City, and the Common Council desires to extend to the Owner, a tax exemption for the Property, subject to an agreement by the Owner to make certain payments in lieu of taxes ( "PILOT Agreement "); now therefore be it RESOLVED, That the Common Council of the City of Ithaca, pursuant to Article XI, Section 577 of the New York State Private Housing Finance Law, hereby grants to the Property (comprised of Tax Map Parcels Nos. 44 -3 -1, 44 -3 -2.2 and 44 -3 -8), an exemption from real property taxes levied by the City of Ithaca, and, to the extent applicable by law, by other local taxing authorities, upon the following conditions: City Administration Committee Meeting January 30, 2008 Page 19 (a) Subject to the provisions of subsection "(b)," below, said exemption from real property taxes (other than assessments for local improvements) shall apply to 100% of the assessed value of the Property and the Project (including both land and improvements), shall commence on March 1, 2008 (the "Effective Date "), and shall terminate either on the date which is sixteen (16) years from the Effective Date or on the date that the Property ceases to be operated under the requirements of and for the purposes set forth in the PHFL (currently, in Article XI thereof) and as described herein (or, in the absence of applicable State legislation or regulations at such time, then under pertinent, comparable requirements established by the City or other local legislative body) or upon the breach (and failure to cure, upon notice by the City) by the Owner of any substantive term of the PILOT Agreement between the parties, whichever date first occurs (and which date is hereinafter referred to as the "Expiration Date "); and (b) Commencing upon March 1, 2008 and during each year thereafter until March 1, 2024, the Owner shall make payments in lieu of real property taxes, to the City of Ithaca in the sum of $5,000.00 per year; to the extent that this exemption is applicable to additional local taxing jurisdictions, such payments shall then be allocated proportionately, by the City, among the local taxing jurisdictions affected by this exemption; and be it further RESOLVED, That the Mayor, following the receipt of certain additional satisfactory information from the owner, and upon the advice of the City Attorney and City Controller and on behalf of the City of Ithaca, is hereby authorized and requested to execute and deliver to any pertinent party a PILOT Agreement between the City and the Owner, incorporating the terms set forth hereinabove and setting forth as necessary the details of the in -lieu payments, and to take any and all other actions necessary to effectuate or verify such tax exemption and in- lieu payments. After discussion, Alderperson Clairborne made a motion to amend Section a under the 1St Resolved to read one (1) year instead of sixteen (16) years. Seconded by Alderperson Coles. A vote on the amendment resulted as follows: City Administration Committee Meeting January 30, 2008 Page 20 Ayes (2): Coles, Clairborne Nays (3): Zumoff, Korherr, Schuler Motion Failed 2 -3. A vote on the main motion resulted as follows: Ayes (3): Zumoff, Korherr, Schuler Nays (2): Coles, Clairborne Motion Passed 3 -2. 18. Human Resources (HR) Department 1. Management Compensation Plan Moved by Alderperson Zumoff. Seconded by Alderperson Schuler. WHEREAS, on January 29, 2003 Common Council adopted a resolution that provided for a four percent (4 %) stipend over base salary for those acting in the capacity of a department head beyond thirty days and an eight percent (8 %) increase for all permanent promotions, and WHEREAS, at the time, a relatively new compensation plan was in effect and continues today, and WHEREAS, the compensation plan moved all participants who were not at the minimum of the salary range to the minimum, and WHEREAS, due to a recent acting appointment it is evident that a four percent (4 %) increase does not allow the individual to reach the minimum of the salary range for the department head; now therefore be it RESOLVED, That all managerial permanent promotions receive at least an eight percent (8 %) increase over base salary (for the prior position), and be it further RESOLVED, That appointments to acting positions within the managerial compensation plan receive a four percent (4 %) stipend over base salary or receive City Administration Committee Meeting January 30, 2008 Page 21 the minimum of the salary range for the department head position in question, whichever is greater. After discussion, Alderperson Korherr made a motion to amend the resolution by adding "Resolved, that the thirty (30) day waiting period be waived in the event of a definitive retirement. Seconded by Alderperson Zumoff. After further discussion, Alderperson Korherr rescinded her amendment. A vote on the resolution resulted as follows: Ayes (3): Coles, Korherr, Zumoff Nays (0): Abstained (1): Clairborne Motion Passed 3 -1. Alderperson Schuler was absent from the vote. 2. Director's Report. HR Director Michell -Nunn reported on the following: Human Resources (HR) Office Assistant: Jennifer Cahill has been hired as the HR Office Assistant and will start on Monday - February 4, 2008. Undoing Racism: 70+ City employees, including over 20 Senior Staff members, and Alderperson Coles participated in a half day session on Undoing Racism. This workshop was facilitated by David Billings. The HR Department received positive feedback and plans to do more for the entire workforce in the area of understanding diversity and inclusion. 19. Finance /Controller 1. Controller's Report. Controller Thayer reported on the following: Bond Sale: The City had a bond sale in January as part of the 2008 budget. The City was required to be re -rated by Moody. Moody confirmed our A -1 rating but expressed concerns over the City's high debt burden and low fund balances. City Administration Committee Meeting January 30, 2008 Page 22 Year End Activity: The year end activity is keeping the Controller's Office busy. W -2s were printed today and will be distributed tomorrow. County Assessment: Tompkins County is going to 100% assessed values. This means residents will see 15% or greater increase in their assessments or a little less depending on where they live in the City. Sales Tax (2007): The City budgeted $10,880,000. Thanks to a strong holiday season sales and positive adjustments at the end of the year, the City is now going to exceed the budgeted amount by about $168,000. Fines: The City exceeded the budgeted amount of $850,000 by $100,000. Building Permit Revenue: The City exceeded the budgeted amount by $466,000 due to the number of large Cornell projects. Parking Revenue: The City is going to be slightly under the budgeted amount of $1,500,000 by about $30,000. Overtime Cost: The City budgeted $753,000 and spent $1,117,000 causing an overage of about $364,000. Health Insurance Cost: The actual cost for health insurance was $6,384,000. With employee contributions, the City will be within budget. 5 Year Plan: The Controller's Office completed the 5 year plan report for New York State and sent it out today. This report was required as part of the payment received. Governor's Proposed Budget: If approved, the City is in line to receive a 9.5% increase in State Aid Payments. This would give the City an additional $246,000 for 2008, totaling $2,835,000. Procurement Reform: Bidding limits have increased from $10,000 and $20,000 to $20,000 and $50,000. Bids can be awarded on best value instead of lowest bid. City Administration Committee Meeting January 30, 2008 Page 23 CHIPS Funding: The CHIPS Funding is scheduled to decrease in 2008 by $9,400,000. The City will have additional reporting requirements as part of the Governor's proposed budget, if approved, including 5 year plans and reports. The City would be required to post the financial reports, including budget audits and multi year plans, on our website. Included in the Governor's proposed budget is $25,000,000 in grants under the Shared Service Agreements for consolidation and shared services. There will be an increase to Wicks Law that contracts $50,000+ must have multiple primes. The increase of $50,000 threshold to $500,000 will cause a savings for many municipalities in New York State. 20. Reports 1. Mayor's Report. None. 2. Sub- Committee Updates. None. 3. Council Members' Announcements. None. 4. Next Month's Meeting: February 27, 2008. 17. Adjournment With no further business and on a motion by Alderperson Clairborne, the meeting was adjourned at 11:20 p.m.