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HomeMy WebLinkAboutMN-CA-2013-02-01CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. February 27, 2013 PRESENT: Alderperson Proulx — Chair Alderpersons (4): Brock, Clairborne, Fleming, Kerslick Mayor - Myrick OTHERS PRESENT: Acting Superintendent of Public Works — Benjamin Chief Water Treatment Plant Operator — Baker Environmental Engineer — Gibson Assistant Superintendent — Whitney City Attorney — Lavine City Chamberlain — Parsons Traffic Systems Engineer — Logue Acting Building Commissioner - Niechwiadowicz Human Resources Director — Michell -Nunn Controller - Thayer Deputy Controller — Andrew 1. Call to Order 1.1 Agenda Review: None. Chairperson Proulx announced that Alderperson Kerslick will be the Vice -chair of the City Administration Committee. 1.2 Statements from the Public Tom Seaney, of Ithaca, spoke in support of residents having wood burning stoves. He stated that he owns a wood burning stove, that new wood burning stoves burn less wood and that there are better wood burning stoves available now to purchase that meets the Environmental Protection Agency (EPA) emission standards. Mr. Seaney encouraged residents to buy these new wood burning stoves and asked the City to not ban them. Kathy Woodstock, of Ithaca and owns a newer wood burning stove, stated that she collected 46 signatures from people who support residents being able to own wood burning stoves in the City. She asked questions about why wood burning stoves are being targeted as opposed to fireplaces, which are not held to the same standards and are smokier. Ms. Woodstock talked about the investigation of complaints and asked the City not to ban wood burning stoves. 1.3 Statements from Employees. None. City Administration Committee Meeting February 27, 2013 Page 2 1.4 Council Response Alderperson Brock thanked Mr. Seaney and Ms. Woodstock for their comments. Alderperson Brock responded that the City is not considering banning wood burning stoves. The City will investigate methods to manage nuisance smoke — smoke which often results from the incorrect use of wood stoves such as using unseasoned or wet wood, from not reaching proper burn temperatures or from using improper fuel such as trash. She and staff are evaluating ways to educate the public and encourage proper use of wood burning stoves. 1.5 Review /Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes, with corrections, from the January 23, 2013 meeting of the City Administration Committee. Seconded by Alderperson Brock. Motion carried 5 -0. 2. Standing Sub - Committee and Staff Reports 2.1 Workforce Diversity Advisory Committee (WDAC): Alderperson Brock reported that the WDAC did not meet, but did give a presentation to Common Council. 2.2. Controller's /Finance Department Controller's Office: Controller's Office is waiting to see what is happening at the federal government level regarding potential cuts and what it would mean for the City. 3. City Administration, Human Resources, and Policy 3.1 Amendment to Personnel Roster — DPW — Golf Course Manager Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. WHEREAS, the City wishes Newman Golf Course to become financially self- sustaining and WHEREAS, the Board of Public Works has approved a new management plan for Newman Golf Course and WHEREAS, that plan supports creation of a Golf Course Manager position and WHEREAS, Common Council has funded a Golf Course Manager in the 2013 budget and WHEREAS the Golf Course Manager position as defined, is evaluated as appropriate to be assigned to the Executive Association bargaining unit; now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Public Works is amended as follows: Add: One (1) Golf Course Manager (40 hours) and be it further City Administration Committee Meeting February 27, 2013 Page 3 RESOLVED, That the position of Golf Course Manager shall be assigned to the City Executive Association at salary grade C (Position Grade 5), and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees' Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week). After discussion, Alderperson Brock made a motion to amend the resolution by removing the 1S` Whereas and to change the 2nd Whereas to read "the Board of Public Works has approved a new management plan for Newman Golf Course with the goal of increasing usage, increasing revenue and reducing cost and ". Seconded by Alderperson Clairborne. Motion carried unanimously. After further discussion, Alderperson Clairborne made a motion to add a Resolved that included where the funding would be derived, stating "RESOLVED, That the funding for said position shall be derived from the existing 2013 authorized budget." Seconded by Alderperson Kerslick. Motion carried unanimously. A vote on the main resolution as amended resulted as follows: Passed unanimously. 3.2 Authorization for Home Rule Request and Settlement Agreement Regarding Conversion of Firefighter James Crowley's Retirement Plan with the State of New York to the 384 -d Plan Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. WHEREAS, Firefighter James Crowley has served the City as a professional Firefighter in excess of 20 years; and WHEREAS, pursuant to New York State Retirement and Social Security Law § 384 -d, the State offered an optional twenty (20) year retirement plan for firefighters who choose to enroll in said plan, and WHEREAS, upon commencement of Firefighter Crowley's employment in March 1989, the paperwork that enrolled him in a retirement plan was filed with the State in a manner that did not enroll him in the § 384 -d Plan; and WHEREAS, Conversion of Firefighter Crowley's retirement plan to the § 384 -d Plan would permit him to retire this year, to the mutual benefit of Firefighter Crowley and the City; and WHEREAS, Conversion of Firefighter Crowley's retirement plan to the § 384 -d Plan can only be achieved via special legislation enacted by the State after issuance of a Home Rule request by the City; and City Administration Committee Meeting February 27, 2013 Page 4 WHEREAS, the fiscal implications of said conversion, special legislation, and home rule request will result in the State billing the City in an amount estimated at $112,000, and not to exceed $125,000; and WHEREAS, subject to approval of the Common Council, Firefighter Crowley, the Ithaca Professional Firefighters Association ( IPFFA), and the City have negotiated a mutually - satisfactory cost - sharing for Firefighter Crowley's enrollment conversion into the § 384 -d retirement plan, as reflected in a Settlement Agreement dated February 1, 2013, to date signed by Firefighter Crowley and the IPFFA but not by the City; and WHEREAS, said Settlement Agreement specifies that —upon State legislative enactment effectuating Firefighter Crowley's retirement conversion — Firefighter Crowley will relinquish to the City $78,640 in accrued time and will thereafter retire within 60 days of the City sending him notice of the retirement conversion; and WHEREAS, said Settlement Agreement would therefore leave the City to absorb an estimated $33,360 of the expense of said conversion; AND WHEREAS, the Common Council believes that it would be in the best interest of the City to request the New York State Legislature to adopt such home rule legislation; now, therefore, be it RESOLVED, As follows: 1. The Mayor is hereby authorized to execute the Settlement Agreement dated February 1, 2013, to date signed by Firefighter Crowley and the IPFFA but not by the City, by which Firefighter Crowley will relinquish to the City $78,640 in accrued time towards the estimated $112,000 cost of Firefighter Crowley's retirement conversion; and 2. The Mayor is hereby authorized to request the New York State Assembly and New York State Senate to enact legislation to allow Firefighter James M. Crowley conversion of his Retirement Plan to the § 384 -d Plan under the Retirement and Social Security Law in order to enable Firefighter Crowley's prompt retirement this year; and 3. The Mayor or his designee is hereby authorized to execute and to submit any documentation or related paperwork that may be required to implement Firefighter Crowley's retirement conversion to the § 384 -d Plan; and 4. Subject to successful conversion of Firefighter Crowley's retirement plan pursuant to State legislative enactment, the Common Council hereby approves payment by the City Controller to the State of an amount not to exceed $125,000 from Account A3410 -9015; and 5. The City Controller is authorized to make any needed account transfer to allow for said retirement payment. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting February 27, 2013 Page 5 3.3 Amendment to Personnel Roster — Department of Planning, Building and Economic Development Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, funding for an additional Housing Inspector position was approved as part of the 2013 budget, and WHEREAS, the Department of Planning, Building and Economic Development wishes to move forward with creating and filling this position, and WHEREAS, the additional Housing Inspector position is needed to fulfill New York State mandates for the number of housing inspections performed, now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Planning, Building and Economic Development be amended as follows: Add: One (1) Housing Inspector and be it further RESOLVED, That the funding for this position shall be derived from the currently approved 2013 Building Division of the Department of Planning, Building and Economic Development budget. A vote on the resolution resulted as follows: Passed unanimously. 3.4 DPW- Amendment to Personnel Roster — Director of Engineering Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. WHEREAS, funding for the Director of Engineering position was approved as part of the 2013 budget, now, therefore, be it RESOLVED, That the Personnel Roster of the Department of Public Works be amended as follows: Add: One (1) Director of Engineering Delete: One (1) Assistant City Engineer and be it further RESOLVED, That the position of Director of Engineering shall be assigned to the Managerial Compensation Plan at salary grade 4, and be it further City Administration Committee Meeting February 27, 2013 Page 6 RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees' Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week). To be consistent with previous resolutions adopted the Committee agreed to add a Resolved that included where the funding would be derived, stating "RESOLVED, That funding for said position shall be derived from the existing 2013 authorized budget." A vote on the resolution resulted as follows: Passed unanimously. 3.5 DPW — Resolution to Add Temporary Civil Engineer to Roster Moved by Alderperson Fleming. Seconded by Alderperson Kerslick. WHEREAS, the Commons Rehabilitation Project is of significant scope and duration as to require creation of a project management team dedicated to efficient administration and management of the project, and WHEREAS, the current project load and staff levels precludes the DPW Engineering Division from dedicating adequate personnel to this assignment, and WHEREAS, the position of temporary Civil Engineer has been authorized by the Civil Service Commission for the duration of the project, and WHEREAS, the project budget was structured to include staffing for the services of a Temporary Civil Engineer to provide construction oversight and inspection, now therefore be it RESOLVED, That the Common Council recommends the inclusion of a Temporary Civil Engineer position on the 2013 DPW Engineering roster. RESOLVED, That funding for said position shall be contingent only for the duration of Capital Project #724 — Commons Reconstruction Project authorized funding. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 Request for Funding for Water Supply Project Construction Phase Moved by Alderperson Fleming. Seconded by Alderperson Brock. WHEREAS, The City of Ithaca Water distribution system serves approximately 30,000 customers, and the City's Water Treatment Plant produces approximately a billion gallons of water annually, and City Administration Committee Meeting February 27, 2013 Page 7 WHEREAS, the City's Water Treatment Plant was originally constructed in 1903 and upgraded in 1951. Since its construction, City workers have maintained the functionality of the plant to meet changing water quality regulations. Now beyond 110 years, the facility is operating past its useful life, and WHEREAS, the City of Ithaca, in April 1996, issued a Request for Proposals for a "comprehensive water system evaluation ", intended to "focus on studying, recommending, designing and managing initial construction improvements principally to serve the City of Ithaca and its surrounding customer needs for the next 50 years ", and WHEREAS, following the submission of proposals, the City selected O'Brien & Gere for this work and entered into an initial contract with them in September of 1996, and WHEREAS, in 1999, as part of its adopted City budget for 2000, Common Council established a Capital Project for the Water Source Project (CP #510), in the amount of six million dollars ($6,000,000.00), and WHEREAS, in 2005, the rebuild of City system or the purchase of water from Bolton Point were selected as the two alternatives for evaluation by the City, and WHEREAS, Common Council approved a new contract with O'Brien & Gere in October of 2005 to provide "phased engineering and environmental review assistance to support proposed improvements to the City's water supply system ", contract executed by Mayor and OB &G December 9, 2005, and WHEREAS, a Final Environmental Impact Study was published in 2009, and WHEREAS, on October 14, 2009 Common Council approved the rebuild option to address the City of Ithaca's future water supply needs, and WHEREAS, and the City of Ithaca Site Plan Review process was completed in 2012, and WHEREAS, the City's engineering consultant O'Brien and Gere entered the final design phases of the Water Supply Project in 2012 and will be complete in 2013, and, WHEREAS, we are currently in the bidding phase of the project for the membrane purchase, the control systems integration contract, and contracts number 2 and 3 of the Water Supply Project, and WHEREAS, our consultant has estimated the cost of the construction phases for the Water Supply Project and has provided us with this estimate as well as a cash flow projection for the entire project (copy attached), and WHEREAS, the total project cost estimate is $36,969,969 which is distributed within all the Water Supply Project contracts as follows: City Administration Committee Meeting February 27, 2013 Page 8 Contract No. Contract Name 1 Sixty Foot Dam & Reservoir Improvements 2 Water System Improvements 3 Giles Street and Interconnection Building 4 Water Treatment Plant Part of 4 Membrane Purchase Part of All Control Systems Integration Contract OB &G Design & Construction Engineering Ongoing Contingency (10 %) RITIR Cost Est. $5,050,000 $1,300,000 $3,150,000 $15,300,000 $4,000,000 $500,000 $4,000,000 $3,669,969 Bid Date June 2013 March 2013 March 2013 Sept. 2013 Feb. 2013 Feb. 2013 WHEREAS, capital project #510 Water Treatment Plant Improvements /Reconstruction has a remaining balance of $3,041,191 from the original $6,000,000 authorization, and WHEREAS, approximately $600,000 of the funds expended from Capital Project #510 were not included as part of the engineer's project cost estimate and therefore need to be added to the overall authorization, and WHEREAS, the City has established Capital Reserve #16 Water Sources Development with a current balance of approximately $3,766,000, to help offset some costs of said project; now, therefore, be it RESOLVED, That Common Council hereby amends Capital Project #510 Water Treatment Plant Improvements /Reconstruction by an amount not to exceed $30,969,969 for a total project authorization of $36,969,969, and be it further RESOLVED, That funds needed for said project amendment shall be derived from a combination of fund transfers from Capital Reserve #16 Water Sources Development and the issuance of Serial Bonds as determined by the City Controller, and be it further RESOLVED, That the Board of Public Works with the Superintendent of Public Works are authorized to bid and award of each of the component contracts (listed above). A vote on the resolution resulted as follows: Passed unanimously. 4.2 Request for Waiver of Penalty on School Taxes Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, the owners of 403 S. Aurora Street did not receive the bill for Ithaca City School District taxes because the district had not been provided the correct mailing address, and WHEREAS, the taxes were returned to the City of Ithaca for collection and enforcement in January, 2013, and City Administration Committee Meeting February 27, 2013 Page 9 WHEREAS, the City after investigation mailed the notice of the unpaid taxes to the correct mailing address, and WHEREAS, the owners of the property request a waiver of the interest and penalties because they did not receive a copy of the tax bill during the penalty free period, and WHEREAS, the New York State Real Property Tax Law §922 and §1154 state that the failure to receive the bill does not affect the validity of the taxes, interest and penalties, and WHEREAS, New York State Real Property Tax Law §1182 prohibits the City from waiving penalties due to the Ithaca City School District and WHEREAS, the State Comptroller's office has issued opinions that there is no authority to waive the 5% penalty due to the City; now, therefore, be it RESOLVED, The request is hereby denied. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Authorization to Implement and Fund the First Instance 100% of the Federal Aid - Eliaible Costs and State "Marchiselli" Program -Aid Eligible Costs, of a Transportation Federal -Aid Project, and Appropriate Funds Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, a Project for the Floral Avenue Multi -Use Facility, P.I.N. 375463 (the "Project ") is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 80% Federal funds and 20% non - federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non - federal share of the costs of Preliminary Engineering /Design, Right -of -Way Incidentals, Construction and Construction Inspection; and WHEREAS, on March 2, 2011, Common Council authorized Capital Project # 770 in the amount of $92,000 for the preliminary engineering /design and right -of -way phases of the project, with the understanding that the City share would be $18,400, WHEREAS, as part of the 2012 City Budget, Common Council approved an additional $324,000 for the Project, for a total of $416,000, and WHEREAS, the Board of Public Works, acting as the lead agency, declared on March 26, 2012, that the project would not have a significant negative environmental impact in accordance with the City Environmental Quality Review Ordinance and the New York State Environmental Quality Review Act, and City Administration Committee Meeting February 27, 2013 Page 10 WHEREAS, on March 26, 2012, the Board of Public Works approved plans for the project, now, therefore, be it RESOLVED, That the Common Council hereby approves the Floral Ave Multi -Use Facility project; and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non - federal share of the cost of Preliminary Engineering /Design, Right -of -Way Incidentals, Construction and Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That the sum of $130,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and be it further RESOLVED, That Common Council hereby amends Capital Project # 770, Floral Avenue Multi -Use Facility, to include the Project costs of $130,000, for a total capital project authorization of $546,000, and be it further RESOLVED, That in the event the full federal and non - federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality's first instance funding of Project costs and permanent funding of the local share of federal -aid and state -aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 20% of said portion, currently estimated at $109,200 of the $546,000 authorized for this portion of the project, in monies and in -kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this Resolution shall take effect immediately. City Administration Committee Meeting February 27, 2013 Page 11 A vote on the resolution resulted as follows: Passed unanimously. 4.4 Controller's Office — Release Funds from Restricted Contingency for Software Training and Improvements Moved by Alderperson Clairborne. Seconded by Alderperson Kerslick. WHEREAS, as part of the 2013 Authorized City Budget, an amount of $45,000 was placed in Restricted Contingency to allow for improvements and training to the City's financial software MUNIS, and WHEREAS, the improvements will include the Capital Project Fund Development, payroll system improvements, various MUNIS training and a general redeployment of MUNIS to various City staff; and WHEREAS, the Controller's Office is currently working with our MUNIS representative to establish a work plan and timeline for the improvements and training, which will occur during 2013 and 2014; now, therefore be it RESOLVED, That Common Council hereby authorizes the transfer of an amount not to exceed $45,000 from Account A1990 Restricted Contingency to Account A1315 -5435 Controller's Office Contracts for the purpose of said MUNIS software improvements and training. A vote on the resolution resulted as follows: Passed unanimously. 4.5 Finance /Controller's Office - Approval of 2011 Sinale Audit Moved by Alderperson Clairborne. Seconded by Alderperson Kerslick. RESOLVED, That the Independent Auditor's Report for the period January 1, 2011, through December 31, 2011, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP be accepted to comply with all the City's applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. After Controller Thayer reported that the audit was not ready for approval, Alderperson Clairborne made a motion to table this item. Seconded by Alderperson Kerslick. Motion carried unanimously. 4.6 Old Elmira Road Reconstruction and Sidewalks Chairperson Proulx and Alderperson Fleming, who is the liaison to the Board of Public Works (BPW), added this item to the agenda for discussion only. Chairperson Proulx stated that there have been on -going discussions at the BPW meeting about the Old Elmira Road Reconstruction and sidewalks. Any information gleaned from this discussion will be helpful to Alderperson Fleming, who will share the information with the Board. Alderperson Fleming, City Administration Committee Meeting February 27, 2013 Page 12 along with City staff, gave an update on this agenda item. The Committee discussed this item and provided useful information to Alderperson Fleming that could be shared with the Board. 5. Committee Discussion Items 5.1 2014 Budaet Process Chairperson Proulx distributed the proposed 2014 Budget Process to Common Council. Mr. Proulx mentioned the highlights of the proposal along with the comments /concerns that were expressed by other Common Council members. The Committee discussed the proposed budget process. After discussion, Chairperson Proulx stated that he would summarize the comments and e -mail them to Common Council. 5.2 2013 CA Work Plan Chairperson Proulx distributed the 2013 CA Work Plan to the Committee. Mr. Proulx asked the Committee to review the document and to provide him with their feedback. 5.3 Wood Smoke Update Alderperson Brock gave the Committee an update on what was happening with initial discussions with staff regarding possible nuisance smoke protections. 6. Meeting Wrap -up 6.1 Announcements. None. 6.2 Review, Agenda Items for Next Meeting. None. 6.3 Adjourn With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:53 p.m.