Loading...
HomeMy WebLinkAboutMN-CA-2011-07-01CITY ADMINISTRATION COMMITTEE Regular Meeting July 27, 2011 Members Present: Alderperson McGonigal, Alderperson Zumoff, Alderperson Mohlenhoff, Alderperson Clairborne, Mayor Peterson Members Excused: Alderperson Rooker Staff Present: Tom Parsons (Deputy Fire Chief), Allen Green (YB Director), Dan Hoffman (City Attorney), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Schelley Michell -Nunn (HR Director), Denise Malone (HR Executive Assistant) Others Present: Members of the Public, Members of the Media Chairperson Clairborne called the meeting to order at 7:10 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Clairborne welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements Chairperson Clairborne stated that he received a letter from Superintendent of Public Works Bill Gray updating the Committee on the budget for the Columbia Street Pedestrian Bridge. The Superintendent's Office found a way to fold into the current budget the increased amount from changing the 4 foot handrails to 8 foot handrails. Chairperson Clairborne congratulated the team of 5th grade basketball players, coached by Ricky Milton, who went and won the AAU nationals in Erie, PA. Mayor Peterson mentioned that there will be a combined meeting of Common Council and the Board of Public Works on Monday — August 1, 2011 at 5:00 p.m. in Common Council Chambers. This meeting will address the means restrictions on bridges and its impact on City operations. Mayor Peterson mentioned that there will be a TCAT budget presentation on Thursday — August 4, 2011 at 12:15 p.m. at the Tompkins County Public Library. Chairperson Clairborne mentioned that there will be a meeting about Collegetown at the Tompkins County Public Library on Monday — August 1, 2011 at 7:00 p.m. 3. Agenda Review and Amendments The following items were removed from the agenda: 16.1 — Suggested City of Ithaca Policy on Sweatshop -Free Procurement of Apparel and Textiles— Ordinance and 16.2 - Authorization of Membership by the City of Ithaca City Administration Committee Meeting July 27, 2011 Page 2 to the Sweat -free Purchasing Consortium in Furtherance of the City's Commitment to its Policy on Sweatshop - Free Procurement of Apparel and Textiles. 4. Approval of Minutes Alderperson Mohlenhoff made a motion to approve the minutes, with corrections, from the June 29, 2011 meeting of the City Administration Committee. Seconded by Clairborne. Motion carried 4 -0. 5. Statements from the Public Tomo Shibata of Ithaca distributed a resolution to the Committee about promoting equal opportunity for City of Ithaca immigrants to participate fully in the governance of the City and requesting that the State legislature amend the relevant state laws specific to the City of Ithaca pursuant to this enfranchisement. Cynthia Brock, candidate for the first ward of Common Council, spoke about the easement for Emerson Power Transmission. Ms. Brock provided some background information and gave to the Committee a petition that had been signed by residents asking for the City to require as part of the granting of this easement additional soil and indoor air monitoring. 6. Employee Comments. None. 7. Common Council Response Chairperson Clairborne stated that Ms. Shibata drafted a resolution that she wanted this committee to consider but that he had given this resolution to the City Attorney's Office to be reviewed. 8. Workforce Diversity Advisory Committee (WDAC) Update HR Director Schelley Michell -Nunn reported that the Controller and City Attorney talked about the gay marriage legislation and its impact on City benefits. The WDAC emphasized the importance of communication to the workforce about how this legislation would impact benefits for City employees. The WDAC started reviewing the nominations for the Workforce Diversity and Inclusion Award. 9. Safety Committee Update. None. 10. Regular Reports from Departments Reporting to CA. None. 11. Mayor's 2012 Budget Updates Employee Forums: On July 18, 2011, the City sponsored two employee forums; at 10:30 a.m. (City Hall) and at 2:00 p.m. (DPW Streets & Facilities). About 35 employees attended the forum in City Hall and about 34 employees signed in at Streets & Facilities. The Mayor, the Controller and the HR Director gave a presentation on the Mayor's budget expectations for 2012. The presentation was brief to allow the employees to express their thoughts, concerns and suggestions about the budget. City Administration Committee Meeting July 27, 2011 Page 3 Capital Projects: The Capital Projects Team, which consists of the Controller, the Superintendent, the Mayor, the Planning Director and Senior Planner Jennifer Kusznir, will present the capital projects that are being proposed for 2012 at the next department head meeting. Members of Senior Staff will be invited to this meeting. 2012 Budget: Department's budgets are due to the Controller by August 1, 2011. Departments must submit a -7% budget scenario and a -5% budget scenario. Some departments will make estimated cuts for staffing levels and services as a result. Regional Economic Development Council: The Governor, through the Lieutenant Governor, is forming 10 Regional Economic Development Councils throughout the state. Mayor Peterson has been appointed to one of the councils as a non - voting member who will participate in discussions and the planning process. 12. Fire Department 1. Amendment to Budget - Fire Alarm Superintendent Position Moved by Alderperson Mohlenhoff. Seconded by Alderperson Zumoff. WHEREAS, as part of the 2011 Authorized Fire Department budget, the Fire Alarm Superintendent position was funded for three quarters of the year in 2011 because the Gamewell Fire Alarm System that was the primary responsibility of the Superintendent was being discontinued, and WHEREAS, $74,710 was appropriated in the 2011 Fire Department Budget for two recruit Fire Fighters, and WHEREAS, these two recruit Fire Fighters will NOT be hired in 2011 resulting in salary savings for 2011, and WHEREAS, the Department will have continuing work dismantling the Gamewell System, alarm testing and station electrical work, and WHEREAS, the cost of funding the Fire Alarm Superintendent's position for the remainder of 2011 (3 months) is $14,798; therefore be it RESOLVED, That an amount not to exceed $14,798 be designated from current funds in Account A3410 -5110 to fund the Fire Alarm Superintendent position for the remainder of 2011, and be it further RESOLVED, That Common Council hereby amends the 2011 Authorized Personnel Roster for the Fire Department as follows: Fund the position of Fire Alarm Electrician from 10/1/11 — 12/31/11. City Administration Committee Meeting July 27, 2011 Page 4 A vote on the main resolution resulted as follows: 13. Youth Bureau Passed unanimously. for Authorization to ADDIV for a New York State Office of Parks. Recreation and Historic Preservation Grant for the Cass Park Ice Rink Project Moved by Alderperson Zumoff. Seconded by Alderperson Mohlenhoff. WHEREAS, the Ithaca Youth Bureau would like to apply for a grant from the New York State Office of Parks, Recreation and Historic Preservation on behalf of the City, and WHEREAS, the Cass Park Ice Rink opened in 1972 and is now almost 40 years old, and WHEREAS, in 2002, the Thomas report recommended that the City address serious spatial deficiencies at the Cass Park Ice Rink that negatively impact year round programming, and WHEREAS, the grant funds would enable the City to move forward with the next stage of refurbishment of the antiquated Ice Rink facilities at Cass Park; now, therefore, be it RESOLVED, That the Director of the City of Ithaca Youth Bureau, is hereby to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $400,000.00, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the Cass Park Ice Rink Project. A vote on the main resolution resulted as follows: Passed unanimously. 14. Police Department Request to Approve Funds for Boiler Replacement Moved by Alderperson McGonigal. Seconded by Alderperson Mohlenhoff. WHEREAS, the 1999 Police Department Facility Boiler has recently failed and is in need of replacement prior to the upcoming heating season, and WHEREAS, DPW staff have estimated the new boiler cost at $45,000, and WHEREAS, a portion of the funds can come out of Capital Reserve #24 Energy Program Improvements with the remaining funds to be derived from the Unrestricted Contingency Account, and City Administration Committee Meeting July 27, 2011 Page 5 WHEREAS, the boiler replacement will need to be bid out as it exceeds the public works project bidding threshold of $35,000; now, therefore be it RESOLVED, That Common Council hereby approves the appropriation of funds in an amount not to exceed $45,000 for the purposes of replacing the failed boiler at the Ithaca Police Department Facility, and be it further RESOLVED, That the sources of funds for the boiler replacement shall be derived from the following: Unrestricted Contingency $25,000 Capital Reserve #24 $20,000 $45,000 and be it further RESOLVED, That Common Council hereby directs the City Controller to transfer an amount not to exceed $25,000 from Account A1990 unrestricted Contingency to Account A3120 -5225 Police Department Other Equipment for purposes of accounting for a portion of the cost for the boiler replacement at the Police Department. A vote on the main resolution resulted as follows: Passed unanimously. 15. Attorney's Office Approval of Easement for Emerson Power Transmission Vent Stack (re: South Hill Remediation Program) Moved by Alderperson Mohlenhoff. Seconded by Alderperson Zumoff. WHEREAS, the City of Ithaca is the purported owner of a triangular parcel of property between East Spencer Street and Turner Place, at the northerly end of what is known as Block 81 for tax map purposes; and WHEREAS, a City of Ithaca sewer main is located beneath the surface of the above - referenced parcel, in the southerly portion thereof, and WHEREAS, in past decades, said sewer main apparently received contaminated wastewater and/or solvents from the former Morse Chain and National Cash Register facilities, and the Therm, Inc., facility, all of which are located uphill from this parcel; and WHEREAS, said contamination apparently escaped from the sewer main along its route and residues and/or vapors remain in the surrounding soil; and City Administration Committee Meeting July 27, 2011 Page 6 WHEREAS, the Morse Chain property was subsequently acquired by Emerson Power Transmission (EPT), and EPT has been identified by the New York State Department of Environmental Conservation (NYSDEC) as a responsible party, with regard to mitigation of the contamination; and WHEREAS, EPT has proposed to NYSDEC a mitigation program that is intended to allow vapors to enter a passive - ventilation system along a 300 - foot -long section of said sewer main, via a new, perforated pipe to be installed parallel to the old sewer main, and to be vented through a 25- foot -tall stack to be located on the above - referenced City -owned parcel (so as to not infringe upon the public sidewalk thereupon); and WHEREAS, EPT seeks a permanent easement and temporary easement from the City, affecting said parcel, within which easements EPT would install, operate and maintain the vent stack (including protective bollards); and WHEREAS, any environmental review required for said mitigation program, including the proposed vent stack, is the responsibility of the NYSDEC; and WHEREAS, the Board has received and considered written comments on this request from the City's Community Advisory Group (dated June 17. 2011); and WHEREAS, a portion of the above - referenced parcel is currently developed with a small, gravel - based parking area that is accessed via a curb cut to East Spencer Street, which parking area apparently serves an adjacent residential property immediately to the south (141 E. Spencer Street); and WHEREAS, to date, the City has been unable confirm that the owner of 141 E. Spencer Street has current permission from the City to encroach upon or use the City -owned parcel for parking or other purposes, and, in any case, any such permission would presumably be in the form of a license that can be revoked on short notice by the City; and WHEREAS, Chapter 170 ( "Use of City Real Property ") of the City Code stipulates that "the authority to convey a permanent easement across or involving City land is and shall be vested in the Common Council, and no such easement shall be issued without the Council's approval;" now therefore be it RESOLVED, That the Board of Public Works hereby determines that the use of the subject City - owned parcel as requested by Emerson Power Transmission, and the granting of a temporary and permanent easement therefore, will serve a valuable public purpose and will not interfere with any other essential public use of the parcel, now or in the foreseeable future; and be it further RESOLVED, That, subject to: a. confirmation that any required environmental review associated with the vent stack has been completed by NYSDEC, City Administration Committee Meeting July 27, 2011 Page 7 b. confirmation that the City's right to convey the requested easements is not constrained by any existing, non - revocable property rights affecting the proposed easement area, and C. the City's having legal authority to revoke any rights held by a third parry pursuant to a City- issued license or other permit, to exclusive use of the relevant portion of the subject parcel, which authority the Mayor is hereby authorized to exercise, as needed; the Common Council hereby approves the request from EPT for temporary and permanent easements across the City -owned parcel at the north end of Block 81, for the purpose of constructing, maintaining and operating a vent stack as described herein, and recommends to the Common Council that the Mayor, upon consultation with and the advice of the Superintendent of Public Works and the City Attorney, be authorized to execute an easement instrument that includes standard City provisions, as well as the following: Consideration to be paid by EPT to the City in the amount of at least $2,000 (for 100 square feet of permanent easement area); 2. EPT to indemnify and hold City harmless as to any injury or damages claimed to arise as a result of the installation, existence, operation or repair of the vent stack; 3. EPT shall secure any other permits required for installation of the vent stack (including a building permit). 4. Footprint for permanent easement not to exceed approximately 100 square feet, to be located as close as possible to the southeast corner of the City -owned parcel, and not to interfere in any way with use of the existing public sidewalk in said vicinity; 5. Height of vent stack not to exceed 25 feet; 6. EPT to be solely responsible for all costs associated with the vent stack; 7. Operation of the passive - ventilation system will not be altered without City consent; 8. Appearance and exact location of vent stack to be subject to expedited site plan review; 9. EPT to maintain a schedule of quarterly indoor air quality and soil testing, in the vicinity of the vent stack, with reports to be submitted thereafter to the City; 10. EPT to provide City with timely copies of any performance reports EPT is required by NYSDEC to file, regarding the passive- ventilation system; City Administration Committee Meeting July 27, 2011 Page 8 11. Stipulation that easement holder maintain vent stack in good repair and safe condition, and that it designate a contact person to handle any complaints about noise or needed maintenance; 12. To maintain easement, EPT must submit to City, on or by every 10 -year anniversary of the execution of this easement, a summary report of system performance and statement of continuing need. Failure to submit such report/statement within 6 months of said anniversary shall constitute grounds for revocation of the easement by the City; 13. Easement will terminate if EPT removes the vent stack and does not replace it, or if EPT ceases to maintain it; and 14. Upon termination of the easement for any reason, EPT shall be responsible, at its sole cost, for removal of vent stack, in- ground foundation elements (not including the 300' perforated pipe), any other above - ground elements of the passive - ventilation system, and for restoration of the affected area. After discussion, Alderperson Mohlenhoff made a motion to amend the 2nd Resolved - #9 as follows: EPT to maintain a schedule of quarterly indoor air quality and soil testing, within feet of the vent stack, with reports to be submitted thereafter to the City. Seconded by Alderperson McGonigal. A vote on the amendment resulted as follows: Ayes (3): Clairborne, McGonigal, Mohlenhoff Nays (1): Zumoff Motion passed 3 -1. A vote on the main resolution as amended resulted as follows: Passed unanimously. 16. Common Council Suggested City of Ithaca Policy on Sweatshop -Free Procurement of Apparel and Textiles — Ordinance This item was removed from the agenda. 2. Authorization of Membership by the City of Ithaca to the Sweat -free Purchasing Consortium in Furtherance of the City's Commitment to its Policy on Sweatshop -Free Procurement of Apparel and Textiles This item was removed from the agenda. City Administration Committee Meeting July 27, 2011 Page 9 17. Human Resources (HR) Department 1. Director's Report. HR Director Michell -Nunn reported on the following: Director's Report: Before this meeting, the Director's Report was sent out electronically to Common Council. Arbitration Hearing: The last two weeks, the City has spent five (5) days in arbitration hearings. Contract Negotiations: The City continues to prepare for upcoming contract negotiations. HR Manual: The HR Manual has been revised and distributed. It can be found on the Q drive. Fire Chief Vacancy: Interviews will take place next week for the Fire Chief position. 18. Finance /Controller Controller's Report. Controller Thayer reported on the following: Sales Tax: The overall sales tax for 2011 has increased 1.8% as compared to the same period in 2010. Parking Revenues: The City budgeted $2,025,000 for parking revenues and will fall short of this budgeted amount due to equipment problems, which is resulting in inefficient collection of revenues. Cornell University MO U: The City received Cornell University's payment of $1,187,780. This amount is higher than the 2010 payment by about 1.6 %. The City is now developing the amount for 2012. Bond Anticipation Notes (BANS): The BANS were sold at .70 %, which was little lower than February's .73 %. 19. Reports 1. Mayor's Report. None. 2. Sub - Committee Updates. None. 3. Council Members' Announcements. None. 4. Next Month's Meeting: August 31, 2011. 20. Adjournment With no further business and on a motion by Alderperson Mohlenhoff, the meeting was adjourned at 9:19 p.m.