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HomeMy WebLinkAboutMN-CA-2008-06-01CITY ADMINISTRATION COMMITTEE Regular Meeting June 25, 2008 Members Present: Alderperson Coles, Alderperson Zumoff, Alderperson Clairborne (arrived at 7:10 p.m.), Alderperson Korherr (arrived at 7:15 p.m.), Alderperson Schuler, Mayor Peterson Council Members Present: Alderperson Tomlan, Alderperson Dotson Staff Present: Travis Brooks (GIAC Program Administrator), Marcia Fort (GIAC Director), Bill Gray (Superintendent of Public Works), Debra Parsons (City Chamberlain), Leslyn McBean- Clairborne (Deputy GIAC Director), Kent Johnson (Engineering Technician), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Wies VonLeuken (IURA), Leslie Spurgin of Ciaschi, Dietershagen, Little and Mickelson, Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:02 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Coles welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements. None. 3. Agenda Review and Amendments Chairperson Coles stated that Item 17.2 - Request to Approve 2006 Single Audit will be moved after Item 10 - Communication Committee Update and that Items 17.3 - Bond Resolution and 17.4 - Bond Resolution will be moved after Item 7 - Common Council Response. No Council Member objected. City Administration Committee Meeting June 25, 2008 Page 2 4. Approval of Minutes Alderperson Zumoff made a motion to approve the minutes, with corrections, from the April 30, 2008 meeting and the May 28, 2008 meeting. Seconded by Alderperson Schuler. Motion carried 3 -0. (Alderpersons Clairborne and Korherr were absent from the vote.) (Alderperson Clairborne arrived at 7:10 p.m.) 5. Statements from the Public John Bradshaw, City of Ithaca, lives on an isolated road between Route 79 /5tate Street and Giles Street. These are very busy roads. Most of the kids in the neighborhood attend and walk to Belle Sherman Elementary School. There are no sidewalks or crosswalks for the kids to use between their homes on the south side of Route 79 and the school. Mr. Bradshaw asked the City to provide sidewalks for these kids. Harry Littel, City of Ithaca, stated that for the past three (3) years, the community has been lobbying the Board of Public Works and Common Council about having traffic calming devices and sidewalks in the neighborhood. Traffic goes fast on Giles Street causing safety concerns for the kids walking to Belle Sherman Elementary School. Mr. Littel presented the Committee with pictures of the areas in question during good weather. Mr. Littel stated that these roads are more treacherous in the winter. Mr. Littel suggested that the biggest priority is getting sidewalks for the first block of Cornell Street. (Alderperson Korherr arrived at 7:15 p.m.) Michael Steward, City of Ithaca, spoke in support of adding sidewalks on Cornell Street and stated that there is very heavy pedestrian traffic not only to the school but also to Six Mile Creek Gorge. Brenda Marsten, City of Ithaca, spoke in support of sidewalks being put on Cornell Street. To get to the school, Ms. Marsten walks her kids up this block which is on a hill and curved. There are blind spots and it is slippery in the winter. Classes at Belle Sherman also walk on Cornell Street when on field trips. Ms. Marsten stated that she has a petition with 131 signatures in support of the sidewalk project. City Administration Committee Meeting June 25, 2008 Page 3 Jeff Newman, City of Ithaca, spoke about the Columbia Street Bridge repair. Mr. Newman walks over this bridge to get to work at Cornell University. Over the years, he has seen the bridge decline /deteriorate and cement separations, which allow him to see down into Six Mile Creek Gorge. This bridge is used by many people in the community to walk to Cornell University and East Hill. There will be an enormous impact to the community as well as the quality of life being affected by the bridge being closed. John Graves, President of South Hill Civic Association, stated that the Columbia Street Bridge is a way for people to travel to work without a car. The bridge and the sidewalks should be high priorities and both projects should be approved. 6. Employee Comments. None. 7. Common Council Response Alderperson Zumoff thanked the public for their comments and for showing support for both projects. Alderperson Zumoff stated that the petition was just for the sidewalks and asked if people knew about the bridge. Alderperson Tomlan clarified that a resolution has been passed only by the Board of Public Works. The resolution will be available tonight for consideration by this Committee. Chairperson Coles stated that the resolution did say that there would be two applications submitted and that the Board of Public Works has given priority to the bridge repair. Traffic Systems Engineer Tim Logue has been in contact with the residents and Common Council members regarding the projects. Chairperson Coles stated that the City struggles with limited funds for infrastructure repairs causing difficulty when two extremely worthy projects have to be prioritized. 8. Finance /Controller 1. Bond Resolution Moved by Alderperson Schuler. Seconded by Alderperson Clairborne. BOND RESOLUTION DATED JULY 2, 2008. City Administration Committee Meeting June 25, 2008 Page 4 A RESOLUTION AUTHORIZING THE ISSUANCE OF $781,000 BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK, TO PAY THE COST OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR SAID CITY. WHEREAS, all conditions precedent to the financing of the capital projects hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; and WHEREAS, it is now desired to authorize the financing of such capital projects; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two - thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the object or purpose of paying the cost of certain capital improvements in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $781,000 bonds of said City pursuant to the provisions of the Local Finance Law, apportioned among such capital improvements in accordance with the maximum estimated cost of each. The capital improvements to be financed pursuant to this bond resolution, the maximum estimated cost of each, the amount of serial bonds to be authorized therefore, the period of probable usefulness of each, and whether said capital improvements are each a specific object or purpose or a class of objects or purposes is as follows: a) Preparation of City Comprehensive Plan, in and for said City, at a maximum estimated cost of $200,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $200,000 bonds of the $781,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is five years, pursuant to subdivision 62nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law; b) Southwest urban neighborhood planning and design project (2008 Phase), in and for said City, including incidental expenses, at a maximum estimated cost of $280,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $280,000 bonds of the $781,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 5 years, pursuant to subdivision 62nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law; and City Administration Committee Meeting June 25, 2008 Page 5 c) Pedestrian and traffic safety improvements to intersections of Hector, Floral and Elm Streets, in and for said City, at a maximum estimated cost of $250,000. It is hereby determined that the plan for the financing of such specific object or purpose shall consist of the issuance of $250,000 bonds of the $781,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid specific object or purpose is 10 years, pursuant to subdivision 24 of paragraph a of Section 11.00 of the Local Finance Law. d) Security improvements to various City facilities in and for said City at a maximum estimated cost of $51,000. It is hereby determined that the plan for the financing of such class of object or purpose shall consist of the issuance of $51,000 bonds of the $781,000 bonds of said City authorized to be issued pursuant to this bond resolution. It is hereby determined that the period of probable usefulness of the aforesaid class of objects or purpose is 5 years, pursuant to subdivision 32 of paragraph a of Section 11.00 of the Local Finance Law. Section 2. The aggregate maximum estimated cost of the aforesaid objects or purposes is $781,000, and the plan for the financing thereof is by the issuance of the $781,000 serial bonds authorized by Section 1 hereof, allocated to each of the objects or purposes in accordance Section 1 hereof. Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such obligations as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such obligations becoming due and payable in such year. There shall annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such obligations as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters, except as provided herein relating to such bonds, including determining whether to issue such bonds having substantially level City Administration Committee Meeting June 25, 2008 Page 6 or declining debt service and all matters related thereto, prescribing whether manual or facsimile signatures shall appear on said bonds, prescribing the method for the recording of ownership of said bonds, appointing the fiscal agent or agents for said bonds, providing for the printing and delivery of said bonds (and if said bonds are to be executed in the name of the City by the facsimile signature of the City Controller, providing for the manual countersignature of a fiscal agent or of a designated official of the City), the date, denominations, maturities and interest payment dates, place or places of payment, and also including the consolidation with other issues, shall be determined by the City Controller. It is hereby determined that it is to the financial advantage of the City not to impose and collect from registered owners of such serial bonds any charges for mailing, shipping and insuring bonds transferred or exchanged by the fiscal agent, and, accordingly, pursuant to paragraph c of Section 70.00 of the Local Finance Law, no such charges shall be so collected by the fiscal agent. Such bonds shall contain substantially the recital of validity clause provided for in section 52.00 of the Local Finance Law and shall otherwise be in such form and contain such recitals in addition to those required by section 52.00 of the Local Finance Law, as the City Controller shall determine. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City; provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. City Administration Committee Meeting June 25, 2008 Page 7 Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary form in the Ithaca Journal, the official newspaper, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. After discussion, Alderperson Zumoff made a motion to amend the resolution by eliminating Section 1a. Motion failed due to the lack of a second. A vote on the main resolution resulted as follows: Ayes (4): Coles, Clairborne, Schuler, Korherr Nays (1): Zumoff Motion Passed 4 -1. Alderperson Zumoff indicated he was in favor of all parts of the resolution except Item 1a. He felt that the expenditure was excessive for what felt would be of little benefit, and since this item constituted a large part of the bond issue, he could not support the resolution. 2. Bond Resolution Moved by Alderperson Korherr. Seconded by Alderperson Schuler. BOND RESOLUTION DATED JULY 2, 2008. A RESOLUTION AUTHORIZING THE ISSUANCE OF $4,429,950 ADDITIONAL SERIAL BONDS OF THE CITY OF ITHACA, TOMPKINS COUNTY, NEW YORK TO PAY THE ADDITIONAL COST OF CERTAIN CAPITAL IMPROVEMENTS IN AND FOR SAID CITY. City Administration Committee Meeting June 25, 2008 Page 8 WHEREAS, all conditions precedent to the financing of certain capital improvements hereinafter described, including compliance with the provisions of the State Environmental Quality Review Act, have been performed; NOW, THEREFORE, BE IT RESOLVED, by the affirmative vote of not less than two - thirds of the total voting strength of the Common Council of the City of Ithaca, Tompkins County, New York, as follows: Section 1. For the purpose of paying the additional cost of certain capital improvements, in and for the City of Ithaca, Tompkins County, New York, there are hereby authorized to be issued $4,429,950 additional bonds of said City, as allocated in Section 2 hereof, pursuant to the provisions of the Local Finance Law. Section 2. The maximum estimated cost of each object of purpose outlined below and their plan for the financing thereof is as follows: a)For the purpose of paying the cost of the construction of a dock at Stewart Park, in and for said City, including incidental improvements and equipment and expenses in connection thereto, a class of objects or purposes with a period of probable usefulness of 15 years pursuant to subdivision 19(c) of paragraph a of Section 11.00 of the Local Finance Law, $56,000 additional bonds are herein authorized in addition to the $40,000 bonds previously authorized by a bond resolution dated and duly adopted on December 6, 2006. New maximum estimated cost: $96,000. (2 -10) b)For the purpose of paying the cost of the construction of a new cold storage facility for water and sewer facilities, in and for said City, including incidental improvements, equipment and expenses, a specific object or purpose with a period of probable usefulness of 30 years pursuant to subdivision 94, based upon subdivisions 1,4 and 11(a)(1) of paragraph a of Section 11.00 of the Local Finance Law, $58,000 additional bonds are herein authorized in addition to the $190,000 bonds previously authorized by a bond resolution dated and duly adopted on December 6, 2006. New maximum estimated cost: $248,000. (2 -10) c)For the purpose of paying the purchase of a pumper fire fighting vehicle, for said City, including incidental expenses in connection therewith. a specific object or purpose with a period of probable usefulness of 20 years pursuant to subdivision 27 of paragraph a of Section 11.00 of the Local Finance Law, $170,000 additional bonds are herein authorized in addition to the $460,000 bonds previously City Administration Committee Meeting June 25, 2008 Page 9 authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $630,000. (2 -10) d)For the purpose of paying the cost of the emergency facility reconstruction at the GIAC Building, in and for said City, including concrete structure improvements, door replacements, boiler replacement, and incidental improvements, equipment and expenses, a specific object or purpose with a period of probable usefulness of 25 years pursuant to subdivision 12(x)(1) of paragraph a of Section 11.00 of the Local Finance Law, $4,000,000 additional bonds are herein authorized in addition to the aggregate $506,000 bonds previously authorized by bond resolutions dated and duly adopted on December 5, 2007 and August 4, 2006, provided, however, PROVIDED, HOWEVER, that to the extent that any Federal or State grants -in -aid are received for such specific object or purpose, the amount of bonds to be issued pursuant to this resolution shall be reduced dollar for dollar. New maximum estimated cost: $4,306,000. (2 -14) e)For the purpose of paying the cost of the Ithaca Area Wastewater Treatment Plant improvements, in and for said City, including roof repairs, brick repairs, concrete repairs, structural repairs, concrete deck waterproofing, and other incidental expenses, a specific object or purpose with a period of probable usefulness of 40 years pursuant to subdivision 4 of paragraph a of Section 11.00 of the Local Finance Law, $130,950 additional bonds are herein authorized in addition to the $1,300,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $1,430,950. (2 -14) f)For the purpose of paying the cost of the Collegetown new urban plan and design, in and for said City, a specific object or purpose with a period of probable usefulness of 5 years pursuant to subdivision 62nd (2nd) of paragraph a of Section 11.00 of the Local Finance Law, $15,000 additional bonds are herein authorized in addition to the $75,000 bonds previously authorized by a bond resolution dated and duly adopted on December 5, 2007. New maximum estimated cost: $90,000. (2 -14) Section 3. The faith and credit of said City of Ithaca, Tompkins County, New York, are hereby irrevocably pledged for the payment of the principal of and interest on such bonds as the same respectively become due and payable. An annual appropriation shall be made in each year sufficient to pay the principal of and interest on such bonds becoming due and payable in such year. There shall City Administration Committee Meeting June 25, 2008 Page 10 annually be levied on all the taxable real property of said City, a tax sufficient to pay the principal of and interest on such bonds as the same become due and payable. Section 4. Subject to the provisions of the Local Finance Law, the power to authorize the issuance of and to sell bond anticipation notes in anticipation of the issuance and sale of the bonds herein authorized, including renewals of such notes, is hereby delegated to the City Controller, the chief fiscal officer. Such notes shall be of such terms, form and contents, and shall be sold in such manner, as may be prescribed by said City Controller, consistent with the provisions of the Local Finance Law. Section 5. All other matters except as provided herein relating to the bonds herein authorized including the date, denominations, maturities and interest payment dates, within the limitations prescribed herein and the manner of execution of the same, including the consolidation with other issues, and also the ability to issue bonds with substantially level or declining annual debt service, shall be determined by the City Controller, the chief fiscal officer of such City. Such bonds shall contain substantially the recital of validity clause provided for in Section 52.00 of the Local Finance Law, and shall otherwise be in such form and contain such recitals, in addition to those required by Section 51.00 of the Local Finance Law, as the City Controller shall determine consistent with the provisions of the Local Finance Law. Section 6. The powers and duties of advertising such bonds for sale, conducting the sale and awarding the bonds, are hereby delegated to the City Controller, who shall advertise such bonds for sale, conduct the sale, and award the bonds in such manner as he shall deem best for the interests of the City, provided, however, that in the exercise of these delegated powers, he shall comply fully with the provisions of the Local Finance Law and any order or rule of the State Treasurer applicable to the sale of municipal bonds. The receipt of the City Controller shall be a full acquittance to the purchaser of such bonds, who shall not be obliged to see to the application of the purchase money. Section 7. The validity of such bonds and bond anticipation notes may be contested only if: 1) Such obligations are authorized for an object or purpose for which said City is not authorized to expend money, or City Administration Committee Meeting June 25, 2008 Page 11 2) The provisions of law which should be complied with at the date of publication of this resolution are not substantially complied with, and an action, suit or proceeding contesting such validity is commenced within twenty days after the date of such publication, or 3) Such obligations are authorized in violation of the provisions of the Constitution. Section 8. This resolution shall constitute a statement of official intent for purposes of Treasury Regulations Section 1.150 -2. Other than as specified in this resolution, no monies are, or are reasonably expected to be, reserved, allocated on a long -term basis, or otherwise set aside with respect to the permanent funding of the object or purpose described herein. Section 9. This resolution, which takes effect immediately, shall be published in summary in the official newspaper of said City for such purpose, together with a notice of the City Clerk in substantially the form provided in Section 81.00 of the Local Finance Law. A vote on the resolution resulted as follows: Passed unanimously. Alderperson Zumoff indicated he was in favor of all parts of the resolution except item 2f. But since this item constituted a small part of the bond issue, he would support the resolution. ( Alderperson Schuler left the meeting at 7:40 p.m.) 9. Workforce Diversity (WFD) Committee Update WFD Committee Chair Marcia Fort reported that the WFD Committee met on Monday - June 23, 2008. The Committee continues to discuss the process for department heads' reports to Common Council. In their reports, department heads would talk about their diversity plan and progress made on the plan. The WFD Committee suggested that as part of this effort it would be helpful for the WFD Committee to provide a presentation to Common Council at the July 15, 2008 meeting of the Community & Organizational Issues Committee. The presentation would include the City's Diversity Statement, the WFD Plan and other things that have been happening since the plan came into effect. City Administration Committee Meeting June 25, 2008 Page 12 The WFD Committee anticipates that the department head reports will begin in September. The department head will be reporting to the Community & Organizational Issues Committee or some Committee of Council. Two department heads would report each month and would be in the same order that they reported to the WFD Committee. All department heads, except one, has presented his /her plan. The department that has not presented was unable to do so due to changes in leadership. This department has worked on its plans with the HR Department and is scheduled to present at the July meeting of the WFD Committee. Ms. Fort stated that she received an e -mail from a man in Fort Wayne, Indiana, who is on their Affirmative Action Advisory Committee. They are looking into undertaking a diversification initiative. In searching the web for best practices, the City's name was listed. Ms. Fort will talk to him about the City's WFD Committee structure. 10. Safety Committee Update City Chamberlain Debra Parsons reported that the Safety Committee was reactivated in April 2006. The Committee meets monthly with about eight (8) members attending meetings regularly. Since its reactivation, the Safety Committee has created the standard operating procedures (SOP) on how to deal with complaints /issues brought before this Committee, initiated some ergonomic studies of workstations in City Hall and acquired first aid kits for all City facilities. The Committee is currently working on evaluating the feasibility of acquiring automated external defibrillators (AED) for City facilities and outlining the requirements for a public access defibrillator (PAD) program. The AEDs are expensive. Before the City could get the AEDs, the City must get approval from the health department, must contract with an emergency medical provider to oversee our program and must have employees trained. This training would be in addition to the CPR training. There are City employees who are certified CPR trainers and at least two (2) whose supervisor indicated that they would make them available to provide this training. Using in house trainers would cost about $20 per employee as opposed to $45 per employee if the training were City Administration Committee Meeting June 25, 2008 Page 13 conducted by the American Red Cross. Based on the survey results on who would be interested in taking the CPR course, it would cost between $1,600 and $4,500. Should Common Council and the Mayor support the City paying for this training and allow City employees to take the training during normal work hours, the Committee will return with concrete figures. Alderperson Korherr suggested that the City Attorney should review the City's liability of City employees providing this service to the public. Ms. Parsons stated that the Attorney's Office has looked at the program but will have them review it again. The Committee members spoke in support of the program. Ms. Parsons stated that the Safety Committee will return with a firm cost to implement this program. 11. Communication Committee Update. None. 12. Finance /Controller 2. Request to Approve 2006 Single Audit Moved by Alderperson Clairborne. Seconded by Alderperson Zumoff. RESOLVED, That the Independent Auditor's Report for the period of January 1, 2006 through December 31, 2006 prepared by the accounting firm of Ciaschi, Dietershagen, Little and Mickelson, C.P.A.'s, be accepted to comply with all of the City's applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. A vote on the resolution resulted as follows: Passed 4 -0. ( Alderperson Schuler was excused from the meeting.) 13. Regular Reports from Departments Reporting to CA - Chamberlain's Office The Committee welcomed City Chamberlain Debra Parsons to the meeting. Ms. Parsons distributed the department's Budget and Program Highlights for 2008. City Administration Committee Meeting June 25, 2008 Page 14 Ms. Parsons reported on the budget highlights in her handout. They are: • Parking violations ticket revenues are below expected levels and tickets issued are below previous year's levels. This is due to people obeying parking regulations, the City using Community Service Officers as fill -in for school crossing guards and the parking garage use being increased in the downtown area; • Chamberlain's Office fees and revenues such as unpaid Ithaca City School District taxes and penalties on tax searches are at or ahead of budget. Some City's investment are coming due in July, causing the Chamberlain's Office to post about $87,000 to general fund when they mature. The investments have been earning over 5% interest. • Expenses are at or below budget. Ms. Parsons reviewed the program highlights of the department. They are • Cross - training employees so that at least two (2) people know how to do each job. By cross - training, the department has created standard operating procedures for each task and improved the timing of reconciliations of bank accounts, receivables, and balance sheets; • Implementing scheduled in -depth reviews of revenue collections such as the golf course and the parking lots and trained staff on proper auditing procedures; • Offering assistance to the Finance department for back -up and support on payroll and capital projects; • Having two projects that the Chamberlain's Office has worked on this year are on the agenda tonight, the changes to the Charter regarding sidewalk assessments and the changes to the Code regarding the water and sewer prices and penalties; • Working with the Water & Sewer Division on structuring of water consumption records to use as an overlay on the City's GI5 maps, data verification pending the implementation of the AMR system and project scoping on a job costing system. The Committee thanked City Chamberlain Debra Parsons for her presentation. 14. Chamberlain's Office 1. Local Law to Amend City Charter Section C -73 "Sidewalks" Moved by Alderperson Korherr. Seconded by Alderperson Zumoff. City Administration Committee Meeting June 25, 2008 Page 15 Local Law - 2008 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1: Section C -73 of the City of Ithaca Charter is hereby amended to read as follows: A. [ ] Authority 1. [Authet-ityj The Board of Public Works shall have jurisdiction over the construction, repair and maintenance of all sidewalks, approaches and street driveways abutting any of the streets, highways, alleys and public places in the City and shall have power to make rules and regulations with respect thereto, relating to materials, grade, location, manner and method of construction, dimensions and all other matters in connection therewith not inconsistent with the provisions of this section 2. [ , Peguletien Peleting te making, mainteining and i-epaii-ing sidewalks and keeping them ] The Board of Public Works shall have the power to make rules and regulations regarding the removal of ice, snow, and other obstructions from sidewalks and to require the area if any, between the sidewalk and curb to be kept in a safe condition and the grass on such area, if any, to be properly mowed. City Administration Committee Meeting June 25, 2008 Page 16 B. buties of Owner 1. The owner of lands abutting any such street, highway, alley or other public place in the City shall construct, repair and maintain the sidewalks, approaches or street driveways adjoining his such lands and shall keep the same in a safe state of repair and free from defects and free and clear of and from snow, ice and all other obstructions, and the area, if any, between the sidewalk and curb in a safe condition and the grass thereon, if any, properly mowed. Such owner shall be liable for any injury or damage by reason of omission, failure or negligence to make, maintain or repair such sidewalk and keep it free from defects, snow, ice or other obstructions. Such owner shall also be liable for any violation or nonobservance of any ordinance or regulation relating to making, maintaining and repairing sidewalks, keeping them free from defects and removing snow, ice and other obstructions therefrom. Nothing herein contained shall be construed to prevent such owner, by lease or otherwise, from delegating to a tenant or occupant the duties and liabilities hereby imposed, but such delegation shall not relieve the owner of his /her primary duties and liabilities hereunder. 2. The construction and repair of such sidewalks, approaches, and street driveways shall be only upon application, in writing, to the Superintendent of Public Works, without expense to the City and in conformity with the rules and regulations of the Board. City Administration Committee Meeting June 25, 2008 Page 17 C. Failure to Comply 1. The Superintendent of Public Works, after notice, given personally or by mail, may require the owner of any land adjoining a sidewalk, approach or street driveway to construct or repair such sidewalk, approach or street driveway in conformity with rules and regulations of the Board of Public Works. In such notice the Superintendent shall fix a reasonable deadline for the completion of such work, which deadline shall not be less then 60 days after the date of the notice. Upon the failure of the owner to complete such construction or repair within the time limit, the Superintendent of Public Works may cause such sidewalk, approach or street driveway to be constructed or repaired, either by contract or by the Department of Public Works, at the expense of the owner, to be collected as set forth in Subsection E. 2. Nothing within this section shall prevent the Superintendent of Public Works from demanding or causing the immediate repair or replacement of sidewalk, approach or street driveway if the failure to immediately repair or replace such sidewalk poses a significant public health or safety risk. 3. The Superintendent of Public Works may cause the removal of ice, snow or other obstruction from such sidewalk and may cause the area between the sidewalk and curb to be rendered in a safe condition and the grass thereon mowed, at the expense of the owner. D. Uniform Sidewalk Improvements; Construction of New Sidewalks on a Street or Part Thereof 1. On petition of interested property owners [for a uniform sidewalk improvement in a street] or on its own motion, the Board of Public Works may direct that new sidewalks and street driveways be laid on any street or part City Administration Committee Meeting June 25, 2008 Page 18 thereof pursuant to plans and specifications [thereof] prepared and adopted by it. Before determining to make such improvement, the Board shall hold a public hearing upon on such proposed improvement [after giving notice to the adjoining owners in the manner set forth in Subsection A(4).] upon not less than five days' notice, given personally or by mail or by publication in the official newspaper. After such public hearing, the Board may determine to make such improvement, either by contract or by delegation to the property owner(s), or by the City, under the direction of the Superintendent of Public Works E. Assessments for sidewalk improvements 1. [ .] The determination of cost, apportionment and assessment of any sidewalk improvement carried out pursuant to Subsections C or D herein [undep cub tien ° G ep ^] shall be governed by the provisions relating to improvement assessments (in section C -89 of the Charter), except that the entire cost thereof shall be deemed to benefit the adjoining owners. 2.[ o eqkiiteble, whei-eHpen si:ieh essessment she! I beeeme fine'. The Beei-d shell, Lip-" ] Any expense incurred by the City pursuant to the provisions of this section shall be billed to the property owner, together with an overhead fee of 25 %. The bill shall be payable to the City Chamberlain within 30 days of the billing date, or upon written request to the City Chamberlain within 30 days of the billing date, shall be payable in no more than five annual installments. City Administration Committee Meeting June 25, 2008 Page 19 If any bill or annual installment is not paid by November 1st of each year, the City Chamberlain shall enter the same as a lien against the premises as provided in § C- 54 of the Charter of the city of Ithaca. The Chamberlain shall add the same to the next assessment roll of general City taxes and shall collect and enforce the assessment in the same manner and by the some proceedings, at the same time and with the same penalties as the general City tax and as a part thereof, except that, in addition to the penalties provided for in the aforementioned provisions, interest shall accrue on any unpaid balance from the date of billing to the date of actual payment at 12% per annum or $3 per month, whichever is greater. [• installment payment as euthei-iF-ed in the ei-i9ii9el assessment wei-i-ent, ineluding as the City ] Section 2. 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 portion. Section 3. Effective Date. This Local Law shall take effect immediately in accordance with law upon filing with the Secretary of State. A vote on the resolution resulted as follows: Passed 4 -0. (Alderperson Schuler was excused from the meeting.) 2. Local Law to Amend City Code Section 348 -48 "Rates and Rents Established" Moved by Alderperson Zumoff. Seconded by Alderperson Korherr. City Administration Committee Meeting June 25, 2008 Page 20 Local Law -2008 BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1: § 348 -48. Rates and rents established Mete, Small 1—,2w $10.80 X9-80 $21.60 1 3,-299 $28.80 $28.80 9 14V2 5,500 $ 49.59 $ 4 9.50 X9-99 2- 11,200 $100.80 X99-89 $201.60 8 16,000 $144.00 $144.00 $288.00 4 24,100 $216.90 $ 216.90 $ 4x-89 6 42,100 $378.90 $ 3 7x $757.80 $1.40 $1.62 Metei- 54e Water Il 1 ,W $16.20 - 1 3,200 $40.20 444-25,FJ()� �9 x.89 2- X299 $133.8a 3 16,000 $1 4 24,100 $'� 22.89 City Administration Committee Meeting June 25, 2008 Page 21 m MOWN A. Pursuant to the authority contained in 55 C -66 and C -67 of the Ithaca City Charter the Board of Public Works shall from time to time by resolution set water and sewer rates to meet budgeted revenue projections. B. Minimum water and sewer bills shall be determined by applying the established water and sewer rates to the corresponding cubic feet allowed based on meter size, as defined below: Meter Size (Inches) Cubic Feet Allowed Small 1200 1 3200 1 2 5500 2 11200 3 16000 4 24100 6 42100 C, [ ] Water supplied outside the City of Ithaca shall be billed at 125% of the established rate for water within the City. The Board of Public Works shall from time to time by resolution set rates for other water and sewer related services, such as but not limited to unmetered sprinkler service, unmetered water provided via suitable connections to hydrants, bulk metered water for filling spray rigs, tank trucks etc., readings and or bills City Administration Committee Meeting June 25, 2008 Page 22 requested on other than regular reading or billing dates, curb stop shut -off or meter removal, and duplicate bills. Rig 00 § 348 -49 Terms of payment A. Meters will be read at least quarterly. B. [Bills is made will be subjeet te a ten pei-eent penelty. The Beard ef Publie Wei- - ends the ., — r— . �d te 20 days witheut penalty fei- all wetei- and sewei- bills evep $10, ] Bills shall be issued and penalties assessed in accordance with § C- 54 of the Ithaca City Charter. C. Failure to receive the bill shall be no reason for an extension of the period. D. [ ] A fee as established by Board of Public Works resolution will be assessed for removing and resetting meters and turning the water off and on. E. Meters up to and including one inch will be tested upon application of the consumer and the making of a deposit [ef $301 as established by Board of Public Works resolution. If the meter shall test no more than 3% fast on full or half flow, the deposit is to be forfeited to the city. If the meter tests more than 3% fast, a proportionate allowance will be made on all bills no more than six months old and the deposit returned to the consumer. F. Whenever the Meter Department shall determine that, in its opinion, a meter is not registering properly, it shall be removed and calibrated or replaced by a new meter. This shall apply to all meters through which city water is furnished, whether owned by the city or the consumer. Meters must be installed in places easily accessible at all reasonable times for reading and inspection City Administration Committee Meeting June 25, 2008 Page 23 G. Whenever bills for water are more than 60 days past due, the meter may be removed and the water turned off. H. After a meter is attached, any damage which the meter may sustain from freezing or from hot water being forced back through the meter or from any external cause will be repaired by the Meter Department and the cost of the same charged to the owner or agent I. If meters need attention, the Meter Department must be notified at once. Plumbers are not allowed to remove meters for repairs or any other purpose. All persons are forbidden to break meter seals, disconnect or in any way tamper with meters after they have been installed on the premises. J. Water bills are due as follows: (1) Zone 1: February 1, May 1, August 1 and November 1 (2) Zone 2: March 1, June 1, September 1 and December 1 (3) Zone 3: January 1, April 1, July 1 and October 1 K [The Pate stpuetupe f ep the instel letie e f thi ,e fe per, ;s me-h and ene imeh street peteh, based en ew-rent eity retes fei- street patehing, shell be added te the billing.] The cost for the installation of water service lines and or sewer laterals shall be billed to the owner of the property, and bills shall be issued and penalties assessed in accordance with § C -54 of the Ithaca City Charter, except that the penalty for bills not paid within 30 days shall be the greater of 12% per annum or $3 per month. If the service lines or laterals are installed at the request of someone other than the property owner, or if the property is not within the City of Ithaca, a deposit sufficient to cover the estimated cost of the installation shall be collected prior to commencement of work. L. [ ] A fee as established by Board of Public Works resolution shall be assessed for a request to read a meter and /or produce a bill at a time other than the regularly scheduled reading and /or billing. M [ ] City Administration Committee Meeting June 25, 2008 Page 24 Section 2. 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 portion. Section 3. Effective Date. This Local Law shall take effect immediately in accordance with law upon filing with the Secretary of State, with the exception of the changes outlines in section 348- 49 B. which shall become effective with the first billing under the new Automated Meter Reading system, but not later than December 31, 2008. A vote on the resolution resulted as follows: Passed 4 -0. (Alderperson Schuler was excused from the meeting.) 15. Common Council 1. 2009 Pegasys Budget Moved by Alderperson Zumoff. Seconded by Alderperson Clairborne. WHEREAS, the Franchise Agreement between Time Warner Entertainment and the City of Ithaca signed in 2003 authorizes Time Warner Entertainment to collect $15 per subscriber per month to be used for the purchase of equipment for the PEG Access Studio, and WHEREAS, the total capital budget for the life of the ten -year agreement was estimated to be $200,000, and WHEREAS, the Franchise Agreement outlines the creation of an Access Oversight Committee which shall be responsible for approving the timing, use and amount of PEG access equipment acquired each year over the term of the agreement, and City Administration Committee Meeting June 25, 2008 Page 25 WHEREAS, the Access Oversight Committee has approved a 2009 capital budget in the amount of $19,800, and WHEREAS, the Franchise Agreement states that participating municipalities, including the City of Ithaca, must adopt the annual PEG Access Studio budget by June 30 of the preceding year; now, therefore be it RESOLVED, That Common Council adopts the 2009 PEG Access Studio budget as approved by the Access Oversight Committee. A vote on the resolution resulted as follows: Passed 4 -0. (Alderperson Schuler was excused from the meeting.) 16. Department of Public Works 1. Request to Authorize Two Transportation Enhancement Pro_ rq am Applications Moved by Alderperson Korherr. Seconded by Alderperson Zumoff. WHEREAS, the block of Cornell Street north of East State Street, the intersection of East State Street, Giles Street and Cornell St, and the length of Giles Street from East State Street to the entrance to the Wildflower Preserve all are in significant need of pedestrian facilities, and WHEREAS, residents of Giles Street have petitioned the Board of Public Works for traffic calming and pedestrian facilities along Giles Street for two years, and WHEREAS, pedestrian facilities in these areas would serve families walking children to Belle Sherman Elementary School, people walking to the Six Mile Creek Gorge, the residents of the area, and the general public, and WHEREAS, these sidewalks and intersection pedestrian improvements are expected to have a total project cost of approximately $1,500,000, and City Administration Committee Meeting June 25, 2008 Page 26 WHEREAS, the Columbia Street Pedestrian Bridge over Six Mile Creek is in serious need of rehabilitation, and presents a number of potential bridge and site enhancements, and WHEREAS, rehabilitation of the bridge is expected to have a total project cost of $800,000 to $1,500,000 depending on the level of enhancement, and WHEREAS, the New York State Department of Transportation has noticed the availability of the federal Transportation Enhancement Program, a reimbursement program wherein the federal -aid share of the total project cost is 80 %, and WHEREAS, Cornell University has included these two projects in the Cornell /Community Transportation Investment Initiative with a Cornell contribution of $50,000 for Cornell /Giles Street sidewalks and $100,000 for the Columbia Street Pedestrian Bridge, and WHEREAS, on June 11, 2008, the Board of Public Works unanimously recommended that Common Council authorize and direct the Mayor to submit applications for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Enhancement Program for both of the abovementioned projects, in a amount to be determined by Common Council upon the recommendation of the Office of the City Engineer, and WHEREAS, at that meeting, the Board of Public Works clearly stated that they felt the Columbia Street Pedestrian Bridge project should have a priority over the Giles /Cornell Street sidewalks project, and WHEREAS, Common Council is interested in having the City of Ithaca apply for Transportation Enhancement Program grants in order to design and construct improved pedestrian facilities on Cornell and Giles Streets and to rehabilitate and enhance the Columbia Street Pedestrian Bridge, now, therefore be it RESOLVED, That the Mayor of the City of Ithaca, is hereby authorized and directed to submit two (2) applications for funding to the New York State Department of Transportation in accordance with the provisions of the Transportation Enhancement Program, in a amount not to exceed $1,500,000 for each project, and upon approval of said request to enter into and execute a project City Administration Committee Meeting June 25, 2008 Page 27 agreement with the State for such financial assistance to the City of Ithaca for design, right -of -way acquisition, construction and construction inspection for a project to rehabilitate and enhance the Columbia Street Pedestrian Bridge over Six Mile Creek and a project to improve pedestrian facilities on the abovementioned sections of Cornell and Giles Streets, and be it further RESOLVED, That of the two projects to be submitted, the Columbia Street Pedestrian Bridge project is the priority of Common Council, and be it further RESOLVED, That Common Council hereby established Capital Project #743, Columbia Street Pedestrian Bridge Rehabilitation, in an amount not to exceed $180,000, with the understanding that the design costs will not be reimbursable through the TEP. A vote on the resolution resulted as follows: Passed 4 -0. (Alderperson Schuler was excused from the meeting.) 17. GIAC 1. Request to Amend Personnel Roster - Creation and Addition of GIAC Program rnnrriinntnr Moved by Alderperson Korherr. Seconded by Alderperson Zumoff. WHEREAS, the Greater Ithaca Activities Center (GIAC) needs two additional program coordinator positions in order to provide the proper level of program planning, supervision and implementation, and WHEREAS, GIAC presently has one program supervisor and one program administrator overseeing at least 12 distinct programs in its youth and teen services each of which should be supervised by a program coordinator, and WHEREAS, as has been made evident by some of the more recent instances of violence, disparate treatment, increasing homelessness, and education interruption, the needs of our youth and teens are rapidly changing and requiring more sophisticated staff planning and intensive one -on -one attention, and City Administration Committee Meeting June 25, 2008 Page 28 WHEREAS, the daily planning, supervision and operations of these programs are done primarily by program assistants and program leaders, responsibilities well outside the scope of their civil service job guidelines, and WHEREAS, in order to correct this staffing problem and meet the needs of the department, GIAC has restructured its youth and teen services areas into a Youth Service Division, essentially reviving the successful program structure GIAC had prior to 2000, and the loss of 4 positions due to budget cuts and attrition, and WHEREAS, as an after - school program licensed by the State of New York Office of Children and Family Services (OCFS), GIAC is bound by the many regulations of OCFS which dictate staffing needs, program separation, age group separation and staff -to- participant ratios, and WHEREAS, in order to facilitate adequately the present work load, future work plans, staff working within their proper titles and OCFS regulations, GIAC needs to hire upper level staff; beginning with the addition of one program coordinator in 2008, and WHEREAS, all costs associated with this new roster position, from August through December 2008 in the amount of $24,000, will be covered by the existing departmental budget; now therefore be it RESOLVED, That the City Administration Committee and Common Council hereby amends the 2008 GIAC roster to include an additional full -time GIAC Program Coordinator, and be it further RESOLVED, That GIAC staff will work with the City Controller's office to make the requisite transfers from within GIAC personnel budget lines to fund this position for 2008. A vote on the resolution resulted as follows: Passed 4 -0. (Alderperson Schuler was excused from the meeting.) City Administration Committee Meeting June 25, 2008 Page 29 18. Human Resources (HR) Department 1. Director's Report. HR Director Michell -Nunn reported on the following: Department Head Searches: The City is underway with two (2) department head searches. The search for an Assistant City Attorney will start soon. Tentative Agreement: The City has reached a tentative agreement with the Executive Association. An Executive Session will be requested for a future meeting to discuss the agreement. Employee Recognition Picnic: The picnic is scheduled for September 19, 2008 with a rain date of September 26, 2008. The picnic theme: Sustainability /Green. The Picnic Committee has worked diligently to coordinate the sustainability initiative. Work will go into educating the workforce on this theme. This year will be an opportunity for Common Council and Senior Staff to recognize their employees. Common Council and Senior Staff will be involved in the setup, serving the employee, composting and cleanup. More details to follow. (Alderperson Korherr left the meeting at 10:10 p.m.) 19. Finance /Controller 1. Request to Approve Civil Service Agreement for the year 2008 -2009 Moved by Alderperson Zumoff. Seconded by Alderperson Clairborne. RESOLVED, That the Mayor and City Clerk be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance of services by the City in connection with Civil Service matters for the period July 1, 2008 to June 30, 2009 in the amount of $50,219 payable to the City of Ithaca on or before November 1, 2008. A vote on the resolution resulted as follows: Passed 3 -0. (Alderpersons Schuler and Korherr were excused from the meeting.) City Administration Committee Meeting June 25, 2008 Page 30 2. Controller's Report. Controller Thayer reported on the following: Budget Development (2009): Preparation is underway for the 2009 budget and the guidelines for submissions will be available this week from the Mayor. The Capital Project Committee will start meeting next week to discuss capital projects for 2009. Sales Tax Revenues (2008): June is a very active collection month for sales tax revenues. Revenues are up about 5.7% compared to June 2007. The City budgeted an increase of 3 -4% and is on pace to be about $250,000 over budget. Parking Revenues: Parking revenues are on pace to exceed the budgeted amount. This year the City implemented the event parking of $3.00 during the Ithaca Festival. Collections for this event were about $4,000. Fuel Cost: Fuel cost continues to increase causing a negative impact on the budget. Overtime: The City budgeted $814,000 and is on pace to exceed that amount. Currently the City is about $60,000 over budget. Health Insurance Cost: The health insurance cost continues to be high causing the City to be in jeopardy of exceeding the budgeted amount of $6,200,000. GASB 45: The City has budgeted $10,000 for the GASB 45 hiring of an actuarial. The funds will be released from the contingency account. After the approval of the 2006 Audit Report, the City is now in compliance. The 2007 audit will be finalized by the end of 2008. 20. Reports 1. Mayor's Report. The Mayor reported on the following: Street Lighting: Last week, Mayor Peterson and Controller Thayer met with NYSEG to discuss street lighting ownership approaches. They have follow -up questions and projects to review on State Street regarding cost. Controller Thayer spoke to the State. The City is limited on what could be done. The City City Administration Committee Meeting June 25, 2008 Page 31 will look at other possible potential savings areas and methodology when there is significant repair of a street. 2. Sub- Committee Updates. None. 3. Council Members' Announcements. None. 4. Next Month's Meeting: July 30, 2008. 21. Adjournment With no further business and on a motion by Alderperson Clairborne, the meeting was adjourned at 10:25 p.m.