Loading...
HomeMy WebLinkAboutMN-CA-2011-03-01CITY ADMINISTRATION COMMITTEE Regular Meeting March 30, 2011 Members Present: Alderperson Coles, Alderperson Zumoff, Alderperson Mohlenhoff, Alderperson Rooker, Alderperson Clairborne, Mayor Peterson Staff Present: Leslie Chatterton (Historic Preservation & Neighborhood Planner), Duane Twardokus (IT Director), Dan Hoffinan (City Attorney), Debra Parsons (City Chamberlain), Bob Sarachan (Asst City Attorney), Steve Thayer (Controller), Scott Andrew (Deputy Controller), Denise Malone (HR Executive Assistant) Others Present: Members of the Public, Members of the Media Chairperson Coles called the meeting to order at 7:00 p.m. 1. Chairperson Greeting & Opening Statement Chairperson Coles welcomed everyone to the meeting and explained the evacuation procedures. 2. Announcements Alderperson Clairborne stated that he attended a meeting at Town Hall regarding Africana Studies. Community members spoke about Cornell University putting Africana Studies under another department. Alderperson Clairborne stated that the public could also express their concerns at the Common Council meeting. Alderperson Clairborne reported that on March 12, 2011, two City employees were recognized. Marcia Fort received the local Harriett Tubman Spirit Award from St. James AME Zion Church and Leslyn McBean- Clairborne was among 10 recipients to receive the NYS Harriett Tubman Achievement Award in Albany. Alderperson Clairborne reported that GIAC's Women's History Month Mini Museum will be on Thursday, March 31, 2011 from 4:00 p.m. to 6:00 p.m. 3. Agenda Review and Amendments Alderperson Clairborne stated that the following item has been removed from the agenda: 15.1 Common Council — Request that New York State Maintain Funding Streams for Youth Bureaus and Further Urge Elimination of Competitive Bid Funding. 4. Approval of Minutes Alderperson Zumoff made a motion to approve the minutes, with corrections, from the February 23, 2011 meeting of the City Administration Committee. Seconded by Alderperson Rooker. Motion carried 5 -0. City Administration Committee Meeting March 30, 2011 Page 2 5. Statements from the Public Molly Beckhardt spoke in support of Sweat Free Ithaca and encouraged the Committee to pass the resolution to join the consortium. Evan Nison spoke in support of the medical amnesty policy, which is a policy that would allow students to call for medical assistance as a result of illegal actions without police involvement. 6. Employee Comments. None. 7. Common Council Response Alderpersons Rooker, Mohlenhoff and Clairborne thanked both people for the comments they made about the sweat free policy and the medical amnesty policy. Chairperson Coles stated that later in the meeting there will be an update on the sweatshop free legislation. 8. Workforce Diversity Advisory Committee (WDAC) Update. None. 9. Safety Committee Update. None. 10. Regular Reports from Departments Reporting to CA — Controller's Office City Controller Steve Thayer reported on the department's diversity plan. Mr. Thayer reported on the following: Mission: The mission of the department is to provide accurate, timely financial data and strong secure internal control systems to Common Council, the Mayor, City employees and the community. Demographics: The Controller's Office has five employees; three females and two males. There is one employee with a disability and no staff of color. Attrition: The Controller's Office has not had a vacancy in the last twelve months. In the next five years, there will be at least one employee eligible for retirement. Diversity Attribute: The Controller's Office selected attribute #3: "Holistic View of the City of Ithaca Community Members. The City desires that all employees and volunteers are viewed and respected as whole persons with identities and lives that extend beyond employment. Departments shall be flexible within the organizational culture and address work/life issues." The department picked this attribute because they interact with all City departments and various community members /agencies about payroll and financial activity and they strive to treat all its internal and external customers with respect. City Administration Committee Meeting March 30, 2011 Page 3 The staff comes from different backgrounds/history that helps shape them into the people that they are. The employees of the Controller's Office are allowed flexibility in their work schedule to balance work life and family life. Measurement/Progress: Mr. Thayer stated that the progress is slow in achieving the attribute. The reason for the slowness in progress is due to the department's concentrated efforts in catching up on the financial reporting activity. Mr. Thayer mentioned that staff has attended diversity training including the Undoing Racism Workshop, Talking Circles as well as diversity training offered to Senior Staff. The trainings have been informative and valuable to staff. Staff's "restricted viewpoints have been opened up as a result of their involvement in the various training sessions ". Staff will increase their exposure to diverse groups by attending future functions or meetings with such groups as the Latino Civic Association, the Asian American Association, Finger Lakes Independence Center and the Workforce Diversity Advisory Committee. During staff meetings, which are held twice a month, staff participates in diversity exercises to increase their understanding of diversity in the workplace. The Controller's Office is creating an environment that will accommodate all issues and concerns; accept and embrace cultural backgrounds; operate effectively as a team and celebrate, recognize and honor good work. Alderperson Mohlenhoff suggested that in terms of accessing information the Controller's Office should somehow link diversity to the user friendly budget. Alderperson Clairborne asked about the kinds of conversations Mr. Thayer has had with his staff about the diversity training and the next step. Mr. Thayer responded that his staff has had discussions about what diversity meant to them and attending future diversity trainings. The Committee thanked City Controller Thayer for the diversity report. 11. Planning and Development Approval of Application for a Preserve New York Grant Moved by Alderperson Mohlenhof. . Seconded by Alderperson Claiborne. WHEREAS, the area informally known as the "Henry Saint John survey area" contains an important collection of architecturally significant properties reflecting many aspects of the city's historical development from early rural village life, to the 19th century emergence of industrialism, to municipal incorporation in 1888 and on into the first decades of the 20th century, and WHEREAS, the Department of Planning & Development proposes to re- apply to the Preserve New York grant program of the Preservation League of New York State for funds to engage a consultant for survey and documentation pursuant to the preparation of New York State and National Register nominations of the "Henry Saint John survey area ", which information could also serve as the basis for designation of a local historic district, and City Administration Committee Meeting March 30, 2011 Page 4 WHEREAS, the Henry St. John survey area is within a qualifying federal census tract and residents would be eligible under new legislation entitled the New York State Historic Residential Properties Tax Credit Program for a tax credit of 20% of rehabilitation costs for investment in properties listed on the New York State and National registers, and WHEREAS, the estimated project cost is $10,924 and, to be competitive for a Preserve New York grant, the City's application should include a local match which in this case would include in -kind services and a cash contribution of $3,000, and WHEREAS, the $3,000 cash match authorized and allocated for the 2010 grant application remains available through the contingency account; now therefore, be it RESOLVED, That the Common Council of the City of Ithaca recommends authorization of the application for a Preserve New York grant with a cash match not to exceed $3,000 should the City be the recipient of a grant award from the Preserve New York grant program. A vote on the resolution resulted as follows: Passed unanimously. 12. Information Technology 1. Amendment to Personnel Roster for Position Reclassification in Conjunction with the 2011 Buffet Moved by Alderperson Clairbome. Seconded by Alderperson Zumoff. WHEREAS, Common Council approved the creation of the Public Information Division in the City Clerk's Office as part of the 2011 budget process with the recognition that such a position will require the services of specialized technical support including, but not limited to the development of web, television and video streaming resources, and WHEREAS, the demand for the use of web, television and video streaming resources both for public information and for internal communications is growing and will continue to do so for the foreseeable future, and WHEREAS, the Information Technology Department currently has on staff someone professionally trained to provide the necessary support for the aforementioned resources and Public Information Division; now, therefore, be it RESOLVED, That effective April 11, 2011 the Personnel Roster of the Information Technology Department be amended as follows: Delete: (1) Senior Network Integration Specialist — 40 hours City Administration Committee Meeting March 30, 2011 Page 5 Add: (1) Manager of Electronic Communications and Customer Services - 40 hours and, be it further RESOLVED, That the position of Manager of Electronic Communications and Customer Services be assigned to the City Executive Association at Grade B of the compensation plan, and be it further RESOLVED, That Common Council hereby establishes an eight (8) hour standard workday for the position of Manager of Electronic Communications and Customer Services for the sole purpose of determining days worked reportable to the New York State and Local Employees' Retirement System, and be it further RESOLVED, That funding for the reclassification will be derived from the Information Technology Department's 2011 budget. A vote on the resolution resulted as follows: Passed unanimously. 13. Chamberlain's Office 1. Refund of Tax Bill Penalties Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhof£ WHEREAS, in order to produce the City of Ithaca's real- estate tax bills the City relies on billing information from the Tompkins County Assessment Department, and WHEREAS, the tax billing information from Tompkins County includes a designation of a "bank code" on those properties with mortgage escrow accounts so that those bills can be sent to the appropriate bank or realty tax service, in accordance with New York State Real Property Tax Law, and WHEREAS, in addition, the City Chamberlain uses information received on lists and electronic files provided by various banks and realty tax services to confirm the accuracy of the information and to update the City's records, and WHEREAS, the City Chamberlain received a list of additions and deletions from CoreLogic Realty Tax Service in December, 2010 that was used to update records for the 2011 tax billing cycle as part of this process, and WHEREAS, it has been determined that at least thirty property owners did not receive tax bills because the bill for the property was erroneously coded to be sent to CoreLogic, and CoreLogic did not notify the City that the tax payments were no longer its responsibility, and City Administration Committee Meeting March 30, 2011 Page 6 WHEREAS, those property owners have been directed to pay the taxes due with penalty, and WHEREAS, the failure to receive a tax bill was clearly not caused by any action or inaction on the part of the property owner, now, therefore, be it RESOLVED, That the City Chamberlain is authorized to refund penalties paid on taxes by the owners of properties affected by the failure to remove the bank code directing the bills to CoreLogic, as long as the taxes were paid before March 31, 2011 A vote on the resolution resulted as follows: Ayes (4): Clairborne, Coles, Mohlenhoff, Rooker Nays (1): Zumoff Motion passed 4 -1. 2. Acceptance of Credit Card Pam Moved by Alderperson Mohlenhof£ Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca acknowledges that the use of debit and credit cards has become the method of choice for the payment of bills and services, and WHEREAS, acknowledging the convenience of credit cards, debit cards and other electronic forms of payments the City would like to offer this option of payment to City residents, and WHEREAS, the City Chamberlain, the Director of the Ithaca Youth Bureau and the Superintendent of Public Works or their designee are authorized to currently accept credit and debit cards for the payment of fees and charges, and WHEREAS, the City Chamberlain's office recently accepted proposals for credit card processing for payment of taxes, water and sewer bills, and other miscellaneous bills and fees, and WHEREAS, Govolution, LLC has been chosen as the preferred vendor and is prepared to begin processing credit card payments accepted by the City Chamberlain's office for the City of Ithaca, now therefore be it RESOLVED, That City Chamberlain, the Director of the Ithaca Youth Bureau and the Superintendent of Public Works or their designee are authorized to accept credit cards or other electronic forms of payment for fines, taxes, rent, rates, fees, charges and other revenues. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting March 30, 2011 Page 7 14. Attorney's Office An Ordinance to Amend Chapter 146 (`Building Code Enforcement "), Section 146 -50 ( "Penalties for Offenses ") Moved by Alderperson Rooker. Seconded by Alderperson Mohlenhoff. Ordinance #2011 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 146 -50 of the Municipal Code of the City of Ithaca is hereby amended to read as follows: § 146 -50 Penalties for Offenses. In accordance with § 383 of Article 18 of the Executive Law of the State of New York: A. It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, equip, use or occupy any building or structure or portion thereof in violation of any provision of law or ordinance as well as any regulation or rule promulgated by the Building Commissioner in accordance with applicable laws, or to fail in any manner to comply with a notice, directive or order of the Building Commissioner or to construct, alter, use or occupy any building or structure or part thereof in a manner not permitted by an approved building permit or certificate of occupancy. No person shall commence any work for which a building permit is required without first having obtained a building permit issued by the Building Department. B. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, M other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine of not less than $100 nor more than $250, unless otherwise provided herein. [B] C. Any person who shall fail to comply with a written order of the Building Commissioner within the time fixed for compliance therewith and any owner, builder, architect, tenant, contractor, subcontractor, construction superintendent or their agents or any other person taking part or assisting in the construction or use of any building or any property who shall knowingly violate any of the applicable provisions of law or any lawful order, notice, directive, permit or certificate of the Building Commissioner made thereunder shall be punishable by fine of not less than $250 nor more than $500. Each day that a violation continues shall be deemed a separate offense. [C] D. Except as provided otherwise by law, such violation shall not be a crime, and the penalty or punishment imposed therefore shall not be deemed for any purpose a penal or criminal City Administration Committee Meeting March 30, 2011 Page 8 penalty or punishment and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person found guilty of such offense. Section 2. Severability. 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 ordinance shall take effect upon publication of notices as provided for in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 2. An Ordinance to Amend Chapter 210 ( "Housing Standards "), Section 210 -86 ( "Penalties for Offenses" Moved by Alderperson Rooker. Seconded by Alderperson Zumoff. Ordinance #2011 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 210 -86 of the Municipal Code of the City of Ithaca is hereby amended to read as follows: § 210 -86 Penalties for offenses. A. If a property is in violation of any provision of this chapter, the owner of the property shall be guilty of an offense. In addition, any other person who shall violate any provision of this chapter shall be guilty of an offense. Each day's continued violation constitutes a separate offense unless otherwise provided herein. Each offense shall be punishable by a fine not less than $100 nor more than $250 unless otherwise provided herein _ B. Every person who shall fail to comply with a violation order issued by the Building Commissioner within the time limit stated shall be guilty of an offense and, upon conviction, shall be punished as provided in Chapter 1, Gener-al Provisions, ^ AiEke 1 Penalties 146, Article VII, § 146 -50. Each day that a violation continues shall be a separate offense. Section 2. Severability. 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 City Administration Committee Meeting March 30, 2011 Page 9 unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portion. Section 3. Effective Date. This ordinance shall take effect upon publication of notices as provided for in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 3. Authorization to Purchase a Parcel of Land for Addition to the Six Mile Creek Natural Area Moved by Alderperson Zumof£ Seconded by Alderperson Mohlenhof. . WHEREAS, for at least 20 years, the City of Ithaca has maintained a capital project account (no. 292) intended to support the acquisition of lands to expand and buffer the City's Six Mile Creek Natural Area (SMCNA), and WHEREAS, this account now contains approximately $100,000, and WHEREAS, last year, the City became aware of the availability of a parcel of vacant land off Slaterville Road (Town of Ithaca tax map parcel no. 58 -1- 14.22), consisting of 8.33 acres and bordered on two sides by the SMCNA, and WHEREAS, the property includes open fields and some wooded portions, and access from Slaterville Road (in two locations), and WHEREAS, the property is zoned to allow residential development, and its back acreage could be accessed for this purpose by way of a future extension of the Penny Lane roadway in the Commonland project, which type of development would be likely to have negative impacts on the recreational and environmental value of the SMCNA, and WHEREAS, appraisals of the property by the City and by the current owner (the Ithaca Monthly Meeting of Religious Society of Friends) estimate its fair market value to be between $79,000 and $105,000 (respectively), and WHEREAS, counsel for the City and for the owner have reached informal agreement on a sale/ purchase price of $95,000, contingent upon approval of the purchase by the Common Council, and WHEREAS, discussions with a representative of the New York State Department of Parks, Recreation and Historic Preservation have indicated that it may be possible to secure reimbursement from the State for up to 50% of the cost of such acquisition, and WHEREAS, the State has also indicated that it may be possible for part or all of the property to serve as "substitute parkland" for land on Inlet Island which the City sought to alienate in the City Administration Committee Meeting March 30, 2011 Page 10 1990s, using land to be acquired in the vicinity of Ithaca Falls as substitute parkland (and which alienation lacks final State approval, due to the possibility of unremediated contamination on a portion of the Ithaca Falls lands, thus potentially blocking development of City land on Inlet Island until the issue is resolved); now therefore be it RESOLVED, That the Common Council approves the acquisition of the above- described parcel, for addition to the Six Mile Creek Natural Area, for a purchase price not to exceed $95,000, with the understanding that a portion of the street frontage (only) of the parcel may be sold by the City in the future, in order to supplement Capital Project Account No. 292 (Land Acquisition); and be it further RESOLVED, That the Mayor, upon the advice of the City Attorney, be and hereby is authorized to execute a purchase /sale agreement for the acquisition of said parcel, upon such conditions, together with any and all other documents required to complete the transaction; and be it further RESOLVED, That the monies for said purchase, including closing costs, shall be drawn from Capital Project Account No. 292, and any reimbursement from New York State for said purchase shall be placed in said account. A vote on the resolution resulted as follows: Passed unanimously. 4. Use of City Parkland (Boat Slips at Cass Park) Moved by Alderperson Rooker. Seconded by Alderperson Zumof£ WHEREAS, in 2010, the City of Ithaca installed two fixed docks extending from Cass Park into a shallow cove of the Cayuga Inlet, to serve human powered craft, and WHEREAS, the new docks supplemented an existing, floating dock at the same location, intended for the same purpose, and WHEREAS, the City subsequently received a request from the Ithaca Asian American Association's Dragon Boat Club to use both faces of one of the new docks to store two, long "dragon boats" which the Club owns and operates for the use of its members and, on occasion, other members of the public, and to maintain a shed it provided (approximately 10 feet by 12 feet) for boating supplies, on Cass Park land adjacent to the dock, and WHEREAS, according to Chapter 170 of the City Code, the exclusive (or semi - exclusive), non- transient use of City parkland must be authorized by the Common Council, and WHEREAS, on May 5, 2010, the Common Council authorized the issuance of a revocable license, to the IAAA/Dragon Boat Club, for reserved use of one dock (i.e., two long slips) and the shed site, for the 2010 boating season, provided that such use for the dragon boats did not prevent other members of the public from walking on or fishing from the dock, except during the launching or return of a dragon boat, and City Administration Committee Meeting March 30, 2011 Page 11 WHEREAS, at that time, the City had not established a fair - market rental fee for such use of its property (wherever located), and the Common Council decided essentially to waive any fee for the IAAA's initial (20 10) use of the docks and space for its shed, and WHEREAS, since then, an independent appraiser retained by the City has completed its report, and recommended a seasonal use fee of $350 per slip for docks associated with City -owned land (which are made available to the general public at commercial rates, by the licensees), which rate was adopted by the Board as part of its 2011 -12 schedule of fees for use of City real property, and WHEREAS, taking an alternate approach to value calculation, staff has estimated the annual capital cost for the new docks as follows: Construction Cost: $70,000 Useful Life: 20 years Salvage at 20 years: $20,000 (pile foundation) Capital Maintenance: $5,000 @ years 8 & 16 Cost of 2 docks (capital only): $70,000 - $20,000 +2 @ $5,000 = $60,000 ($3000/yr) Cost per dock face: $3,000/4 = $750 /year; and WHEREAS, when it approved this use for 2010, the Council also requested evaluation of the demand for use of the Cass Park docks, by the general public, "so as to determine whether reserved use of one dock [for the dragons boats] substantially interfered with the level of use and availability desired by other members of the public," and WHEREAS, regular observation of the docks throughout the 2010 boating season (during the Monday- Friday work week), by a member of the City Youth Bureau staff, indicated relatively light use of the non - reserved docks, with no indication that access by the general public was hampered by having one dock reserved for dragon boats, and WHEREAS, the Dragon Boat Club has requested similar permission to use one of the Cass Park docks (and associated shed site) for the 2011 boating season, and WHEREAS, it is possible that other, similar users (e.g., groups or associations that own larger, human - powered craft that members of the public may regularly use or enjoy through a membership or other such arrangement) may have an interest in storing their craft at the Cass Park docks, and WHEREAS, parkland is held in trust for the public and must be treated in a manner that is consistent with that doctrine, i.e., for recreational purposes and such that the general public is not deprived of its benefit and that any semi - exclusive, recreational use is made available to similarly - situated, potential users on an equal basis, and WHEREAS, on March 9, 2011, the Board of Public Works recommended that Common Council, through a lottery system, make one of the new docks at Cass Park (and associated storage shed site) available for storage of one or more long, multi - passenger, human - powered craft (such as City Administration Committee Meeting March 30, 2011 Page 12 dragon boats or outrigger canoes), for a fee of $400 /dock face, provided such craft are owned and operated by a non - profit group that makes them readily and reasonably available for use by members of the public; now therefore be it RESOLVED, That the Common Council make one of the new docks at Cass Park (i.e., two dock faces), and space for an associated storage shed, available for seasonal licensing, through a lottery system to be implemented by the Superintendent of Public Works, starting with the 2011 season, on the following terms (together with other, standard license requirements, for insurance, indemnification, etc): 1. Period of license: May 1- October 31 (with each season subject to new lottery); 2. License application fee: $50 (due after lottery drawing); 3. Annual use fee: $400 per dock face for 2011 (a rate between the appraiser's figure and staff's estimated, annual, capital cost), to be increased in subsequent years by any increase in consumer price index (rate includes the right to maintain a shed with a footprint no greater than 120 square feet, on land adjacent to the dock, for storage of materials associated with use of the boats); 4. Use must be for long, multi - passenger, human - powered boat(s), owned and operated by a non - profit group that makes its craft available for regular use and enjoyment by members of the general public, without discrimination, and at a rate (or per a fee structure) that is not economically exclusionary; 5. License to provide exclusive right to tie up to dock face(s) in question, but not exclusive use of dock surface (except when boat is being launched or docked); and 6. If first -drawn lottery participant wants only one dock face, then additional names shall be drawn, and, in order, shall be offered the other dock face (and a separate shed site); if first -drawn participant wants both dock faces, only one shed site shall be offered; and be it further RESOLVED, That the Mayor, upon the advice of the Superintendent and the City Attorney, be and hereby is authorized to execute a revocable license agreement (or agreements, as the case may be) for such use. A vote on the resolution resulted as follows: Passed unanimously. 5. Update on Sweatshop -free Legislation City Attorney Dan Hoffman distributed a letter to the Committee and updated them on the research for sweatshop -free apparel procurement policy. 15. Common Council Request that New York State Maintain Funding Streams for Youth Bureaus and Further Urge Elimination of Competitive Bid Funding This item was removed from the agenda. City Administration Committee Meeting March 30, 2011 Page 13 16. Human Resources (HR) Department. None. 17. Finance /Controller 1. Controller's Report. Controller Thayer reported on the following: State Budget: The Controller updated the Committee on the impact of the State Budget. For 2011, the State Aid will be about $2,610,000. This is a 2% or $53,000 reduction. CHIP Funding: The Consolidated Highway Improvement Program (CHIP) funding will remain at the current level of $350,000. Youth Bureau Activity: The reduction in aid for youth services will be less than expected. 2011 Activity: Sales Tax: Collections are up about 3.8% overall as compared to 2010. Snow Removal: There is about $35,000 remaining in the budget, which will go toward the period October through December. Parking Revenue: The one hour free parking was eliminated and 4 pay stations were installed in the parking garage. Overtime Expense: The City is expected to exceed the budgeted amount of $903,000. Fuel Cost: The rise in fuel cost will impact the budget negatively. 18. Reports 1. Mayor's Report. None. 2. Sub - Committee Updates Alderperson Rooker reported that the Shopping Cart Sub - Committee will have a forum for store owners /managers on April 27, 2011. 3. Council Members' Announcements. None. 4. Next Month's Meeting: April 27, 2011. 19. Adjournment With no further business and on a motion by Alderperson Mohlenhoff, the meeting was adjourned at 9:23 p.m.