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HomeMy WebLinkAboutMN-CA-2013-06-01CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. June 26, 2013 PRESENT: Alderperson Proulx — Chair Alderpersons (4): Brock, Clairborne, Fleming, Kerslick Mayor Myrick OTHERS PRESENT: Acting Superintendent of Public Works — Benjamin City Attorney — Lavine Asst Superintendent — Whitney Deputy HR Director — Saul GIAC Director - Fort Youth Program Coordinator — Tabor Youth Program Administrator — Friedeborn Historic Preservation/Landscape Planner - Truame Human Resources Director — Michell -Nunn Controller - Thayer Deputy Controller — Andrew WDAC Member — Bereano WDAC Member - Kittel 1. Call to Order 1.1 Agenda Review: Chairperson Proulx stated that the following item has been removed from the agenda: 4.2 — DPW — Request for Additional Funding for Seneca Street Garage Repairs (CP 372). 1.2 Review /Approval of Minutes: Alderperson Brock made a motion to approve the minutes, with corrections, from the May 22, 2013 meeting of the City Administration Committee. Seconded by Alderperson Kerslick. Motion carried 5 -1. 1.3 Statements from the Public. None. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson Brock spoke with Alderperson Murtaugh about including the CIITAP (Community Investment Incentive Tax Abatement Program) process review on the agenda for the July or August meeting of the Planning and Development Committee. There are projects in the queue, which will apply for CIITAP, and it would be beneficial to discuss Council's initial experience with CIITAP before the City gets in the middle of another tax abatement process. 2. Standing Sub - Committee and Staff Reports 2.1 Workforce Diversity Advisory Committee City Administration Committee Meeting June 26, 2013 Page 2 Chairperson Proulx updated the Committee on the department heads report outs for the special Common Council meeting on July 31, 2013. The WDAC members were invited to the meeting to discuss the process for the special meeting. The WDAC members see this special meeting of Common Council as a working session and as a discussion on how the City could move forward with its diversity and inclusion initiative. At this meeting, Department heads will provide in advance a written report on their diversity efforts, on any training that has happened after their goals were selected, on challenges faced and on how they have overcome these challenges. This meeting would be an opportunity for Common Council to receive these reports and have an informed discussion. They talked about how the Council Chambers should be set up for this meeting and that the meeting would be televised. The Clerk's Office can assist in the setting up of the Council Chambers since the room will have to be reconfigured to accommodate department heads being interspersed with Common Council members. The WDAC created a questionnaire that would be completed by department heads. After completing the questionnaire, department heads will forward it to the HR Department; who in turn will forward the reports to the WDAC and Common Council. The responses will be sent prior to the special meeting so that it could be reviewed by the members of both committees. Following this special meeting of Common Council, departments will start making their diversity reports at the meeting of their respective committee. 2.2. Update on Status of Negotiations with Time Warner Cable Franchise Agreement City Attorney Lavine updated the Committee on the status of the franchise agreement and of the City's negotiation with Time Warner Cable. 3. City Administration, Human Resources, and Policy 3.1 DPW — Amendment to W &S Personnel Roster Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, a Geographic Information System Specialist in the Water and Sewer Division of the Department of Public Works has requested a temporary reduction in her workweek from forty (40) hours /week to thirty-four (34) hours /week, and WHEREAS, the Water and Sewer Division is willing to accommodate this request, now, therefore, be it RESOLVED, That the workweek of one Geographic Information System Specialist position in the Water and Sewer Division of the Department of Public Works be and hereby is reduced from forty (40) hours /week to thirty-four (34) hours /week from July 8, 2013 through July 11, 2014 pursuant to the employee's request, and be it further City Administration Committee Meeting June 26, 2013 Page 3 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 six and eight/tenths (6.8) hours per day (thirty-four (34) hours per week). A vote on the resolution resulted as follows: Passed unanimously. 3.2 Uniform Notice of Claim Act Designation Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, on December 17, 2012, Governor Cuomo signed the Uniform Notice of Claim Act, which allows notices of claim against the City to be served on the New York Secretary of State as an agent for the City, and WHEREAS, the Act requires the City to file with the Department of State by July 15, 2013 a Certificate of Designation for Service of Notice of Claim specifying the City official to whom the Secretary of State should forward notices of claim served on the Secretary as an agent for the City, and WHEREAS, the City Clerk receives and processes notices of claim served on the City; now, therefore be it RESOLVED, That the City designates the New York Secretary of State as an agent for service of notices of claim in accordance with and as required by the Uniform Notice of Claim Act, and be it further RESOLVED, That the City Clerk is appointed as the City official to whom the Secretary of State should forward notices of claim served on the Secretary, and be it further RESOLVED, That the Mayor shall file the completed Certificate of Designation for Service of Notice of Claim with the Department of State. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Attorney - Approval to Become an Amicus Curiae in Actions Involving Municipal Home Rule In The Court of Appeals of the State of New York Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. WHEREAS, the Towns of Middlefield and Dryden have recently revised their zoning laws to prohibit heavy industrial uses (including natural gas drilling) in their communities and such laws were challenged in court by opponents claims that the Towns did not have the power to regulate natural gas drilling as a land use through zoning, and WHEREAS, the Town of Ulysses filed an amicus curiae or "friend of the court" brief in both lawsuits in support of its sister Towns in order to reassert the right of each municipality throughout New York State City Administration Committee Meeting June 26, 2013 Page 4 to determine what land uses are appropriate in its community through municipal home rule law powers granted by the NYS Constitution and the NYS Municipal Home Rule Law, and WHEREAS, the City of Ithaca joined with the Town of Ulysses and a coalition of over 50 other municipalities from across the State to file these amicus curiae briefs in the Appellate Division, Third Department in 2012, and WHEREAS, the Appellate Division, Third Department, ruled in favor of the Towns of Dryden and Middlefield in the matters of Norse Energy Corporation USA v. Town of Dryden et al., and Cooperstown Holstein Association v. Town of Middlefield, and WHEREAS, the Norse Energy Corporation and the Cooperstown Holstein Association ( "Appellants ") recently filed motions for leave to appeal each decision to the Court of Appeals — the State's highest court, and WHEREAS, if the Appellants are granted leave to appeal to the Court of Appeals, the Town of Ulysses will seek leave to file amicus curiae briefs) with the Court and will file such brief(s) if leave is granted, and WHEREAS, the Town of Ulysses has requested that other municipalities in the State consider joining the municipal coalition supporting the Ulysses' amicus brief(s) to send a powerful statement to the Court of Appeals, the NYS Department of Environmental Conservation and the NYS Legislature about the importance of protecting municipal home rule in New York State and a municipality's right to decide, for itself, whether natural gas drilling - or any other land use - is appropriate for its citizens; now, therefore be it. RESOLVED, That the Common Council hereby determines that it is in the public interest of the citizens of the City to support municipal home rule by joining in the amicus brief(s) being filed in the Court of Appeals by the Town of Ulysses and a coalition of municipalities from across the State, and be it further RESOLVED, That the Common Council hereby authorizes and directs the Mayor to complete or cause to be completed any and all such further documents and papers in the name and on behalf of the City as the Mayor deems necessary or appropriate to carry into effect the foregoing resolution, and be it further RESOLVED, That the City Clerk will promptly send a certified copy of this adopted resolution to the Town of Ulysses, 10 Elm Street, Trumansburg, NY 14886. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting June 26, 2013 Page 5 3.4 Attorney — Ordinance to Amend Chapter 348 Moved by Alderperson Brock. Seconded by Alderperson Kerslick. An Ordinance to Amend Chapter 348 of the City of Ithaca Municipal Code entitled "Water and Sewers ", Sections 348 -28 "Sewer Mains" and 348 -30 "Service Pipes" to Amend Sub - Sections 348- 30(A), (C), (G) and Add (1) Ordinance #2013 - BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Section 348 -28 of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Except when variations are specifically approved by the Board, all sewer mains will be eight -inch °ment asbestos SDR35 Po1yVipylCloride (PVC) Sewer Pipe. B. All sewer mains shall be laid according to the Specifications for the Construction of Sanitary Sewers Connecting to the Sewerage System of the City of Ithaca, New York, copies of which are obtainable at the City Engineer's office or from the Superintendent of the Water and Sewer Division of the Department of Public Works. C. All proposed plans and specifications for sewer mains must be approved by the Board of Public Works and installed under the supervision and inspection of the Water and Sewer Division of the Department of Public Works. Section 2. Section 348 -30(A) of the City of Ithaca Municipal Code is hereby amended to read as follows: A. Materials used. (1) All sanitary sewers (laterals) from the back of the curbline to the sewer main in the street must be of four -inch extra -heavy cast -iron hub - and - spigot pipe or Glass 2400 e °„t asbestos pipe in five root lengths SDR35 Po1yVinylChloride (PVC) sanitary sewer pipe for installations 4 -feet to10 -feet deep, and SDR26PVC sanitary_pipe for installations over 10 -feet deep and of such quality as required by the inspector. No quarter bends or tees shall be used. All such pipe shall be installed by the Water and Sewer Division inside the city and by a duly licensed plumber or sewer layer outside the city. (2) All sanitary sewer laterals from the curbline to the building must be either four -inch diameter extra - heavy cast -iron hub - and - spigot pipe or Bement- asbestos house- eemeette„ pipe, to be laid in a fi,ve feet lengths SDR35 PVC sanitary sewer pipe (four -inch diameter for single- to four - family houses and six -inch diameter for five- family houses and up). Section 3. Section 348 -30(C) of the City of Ithaca Municipal Code is hereby amended to read as follows: C. Cast -iron sewer pipe joints. M A jt4e water tight rubber ring type gasket lafge enough designed to hold the spigot end of the pipe in the center of the hub must be nannned into installed at each joint. with an iron hammer-. The joints =st (2) The eement asbestos j eint shall be of the fubber- ring type joint. City Administration Committee Meeting June 26, 2013 Page 6 Section 4. Section 348 -30(G) of the City of Ithaca Municipal Code is hereby amended to read as follows: G. In all new sewer services and whenever an old service is dug at or near the trap, a cleanout wye shall be placed in the line on the street side of the house trap, with a length of pipe leading to the surface of the ground or cellar floor. A suitable clean -out cap shall be leaded installed in this pipe to facilitate cleaning the service from the trap to the main. Section 5: Section 348 -30 of the City of Ithaca Municipal Code is hereby amended to add the following subsection (I): I. For any service in which any other variety of pipe shall be placed than that specified in this Section or where an opportunity i�glected to replace service pipes not in compliance with this Section with service pipes compliant with this Section, the Board reserves the right to have the water shut off from said premises until such service pipes have been installed in accordance with this Section. Section 6: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this ordinance. Section 7: Effective date. This ordinance shall take effect immediately and in accordance with law upon publication of notices as provided in the Ithaca City Charter. A vote on the resolution resulted as follows: Passed unanimously. 3.5 Human Resources - Establishment of Civil Service Annlication Fees Moved by Alderperson Clairborne. Seconded by Alderperson Brock. WHEEAS, Section 50.5(b) of New York State Civil Service Law allows for the establishment of application fees for civil service examinations, and WHEREAS, the Ithaca Civil Service Commission wishes to establish a schedule of application fees for the Police Officer and Firefighter examinations, and WHEREAS, the implementation of application fees is subject to the approval of Common Council; now, therefore, be it RESOLVED, That the Ithaca Common Council hereby establishes the following schedule of application fees for the Police Officer and Firefighter examinations as recommended by the Ithaca Civil Service Commission: Tompkins County Residents: $15.00 All Other Applicants: $75.00 and be it further City Administration Committee Meeting June 26, 2013 Page 7 RESOLVED, That the above application fees shall be waived for residents of the City of Ithaca, and be it further RESOLVED, That pursuant to Section 50.5(b) of New York State Civil Service Law, the above application fees shall be waived for candidates who certify that they are unemployed and primarily responsible for the support of a household and for candidates who are receiving public assistance, and be it further RESOLVED, That no refunds of application fees shall be provided, and be it further RESOLVED, That applications submitted without the required application fee or waiver shall be disapproved, and be it further RESOLVED, That the above schedule of fees shall be implemented immediately. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 Planning, Building and Economic Development - Establishment of Capital Project for the Cascadilla Boathouse Moved by Alderperson Clairborne. Seconded by Alderperson Kerslick. WHEREAS, on July 2, 2012, the Ithaca Common Council passed a resolution authorizing the submission of a New York State Consolidated Funding Application for grant monies to support a small rehabilitation project at the Cascadilla Boathouse that would allow for the use of the second floor on a limited occupancy basis, and WHEREAS, that grant application was successful and funds in the amount of $75,290 were awarded to the City by the State, and WHEREAS, the authorizing resolution that was submitted with the original grant application was found by the State not to have met their requirements for form and content, and WHEREAS, a revised resolution authorizing submission of the grant and execution of the contract between the City and the State was passed by Common Council on May 1, 2013, and WHEREAS, that revised resolution did not provide for the establishment of a capital project, and WHEREAS, establishment of a capital project is required so that funding for the boathouse project may be received and utilized by the City; now, therefore be it RESOLVED, That the Ithaca Common Council does hereby establish capital project #789 Cascadilla Boathouse Renovations in an amount not to exceed $75,290 for the purpose of renovating the Cascadilla Boathouse at Stewart Park, and be it further City Administration Committee Meeting June 26, 2013 Page 8 RESOLVED, That funds for said renovation project shall be derived from a General Fund Advance with later repayment by New York State Grant EPF- 126000 and by private matching funds, to include, but not necessarily be limited to, donations from Cascadilla Boat Club and the Friends of Stewart Park. A vote on the resolution resulted as follows: Passed unanimously. 4.2 DPW - Request for Additional Funding for Seneca Street Garage Priority pairs — Capital Project 372. This item was removed from the agenda. 4.3 DPW - To establish a Capital Project to fund repairs and upgrades to the portion of the "Upper Cascadilla Creek Walkway" adjacent to 504 Stewart Ave Moved by Alderperson Kerslick. Seconded by Alderperson Proulx. WHEREAS, the Board of Public Works (BPW) at its April 8, 2013 meeting reviewed the staff recommendations contained in the memorandum on "Repair to Cascadilla Creek walkway — four scope options" dated April 2, 2013, and discussed the matter with staff in attendance, and WHEREAS, the BPW stated their preference in pursuing "Option 2 ", which essentially includes acquiring a few extra feet of width for a reconstructed sidewalk, as well as replacing the stairs and railing adjacent to the 504 Stewart Avenue, and WHEREAS, the BPW at its May 16, 2013 meeting recommended that Common Council establish a capital project in the amount of $70,000 to fund the design, right of way acquisition, construction and inspection costs for the project, and WHEREAS, the BPW also recommended that Common Council work with neighbors and other potential stakeholders to decide whether to expand the scope of work (and therefore the budget) beyond the gorge rim walkway adjacent to 504 Stewart Ave, e.g., to do preliminary design for the length of the walkway from Stewart Avenue to Linn Street, WHEREAS, Common Council reviewed the BPW recommendation at their meeting on June 5, 2013 and referred the matter back to the BPW to further consider public input and the scope of work, and WHEREAS, the BPW at its June 24, 2013 meeting, heard from a few neighbors, discussed the project and revised its recommendation to include a request to establish a capital project to repair the walkway adjacent to 504 Stewart Avenue, but without acquiring any right -of -way and instead staying within the existing four foot wide easement, and also to include a request to the Department of Public Works (and Common Council, if additional funding is required) to make limited asphalt repairs to the walkway lower down the hill; and now therefore be it RESOLVED, That Common Council hereby establishes Capital Project # 788 in the amount not to exceed $51,000 for design, construction, and inspection costs related to the repair of the upper Cascadilla Creek Walkway adjacent to 504 Stewart Avenue and repairs to the lower walkway as stated, and be it further City Administration Committee Meeting June 26, 2013 Page 9 RESOLVED, That funds needed for said project shall be derived from a General Fund advance with the later repayment from the issuance of Serial Bonds. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Youth Bureau - Request to Amend 2013 Youth Bureau Budget — Youth Employment Service Moved by Alderperson Brock. Seconded by Alderperson Clairborne. WHEREAS, the Ithaca Youth Bureau has applied for funding through the Tompkins County Workforce Investment Board and will be receiving $150,075.85 in new funding for the Tompkins Summer Youth Employment Program, and WHEREAS, the goal of this program is to provide short-term subsidized internships for low- income eligible teens needing assistance in securing employment; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 Youth Bureau budget as follows: Increase Anticipated Revenue: A7310- 4820 -1202 Youth Employment Service $141,817.16 A7310- 4820 -1400 Administration $8,258.69 Total $150,075.85 Increase Expenses: A7310 -5120 -1202 Part time /Seasonal $118,487.00 A7310 -5125 -1202 Overtime $2,000.00 A7310 -5425 -1202 Office Supplies $750.00 A7310 -5445 -1202 Travel & Mileage $711.00 A7310 -5460 -1202 Program Supplies $1,000.00 A7310 -5120 -1400 Part time /Seasonal $1,000.00 A7310 -5460 -1400 Program Supplies $700.00 A7310 -5475 -1401 Property Maintenance $2,583.00 A7310 -5476 -1401 Equipment Maintenance $2,583.69 A7310 -5480 -1401 Building Maintenance $1,222.00 A7310- 9030 -1400 FICA/Medicare $9,218.00 A7310- 9040 -1400 Workers Compensation $9,821.16 Total $150,075.85 A vote on the resolution resulted as follows: Passed unanimously. 4.5 Fire Department — request to Award 2013 Budget for New York State Grant Moved by Alderperson Brock. Seconded by Alderperson Clairborne. City Administration Committee Meeting June 26, 2013 Page 10 WHEREAS, the City of Ithaca is the lead recipient of a 2009 New York State Office of Homeland Security Hazardous Materials Grant in the amount of $22,000, and WHEREAS, the City of Ithaca as the lead recipient is responsible for the financial execution and administration of the grant, and WHEREAS, the Homeland Security Grant period was recently extended to July 31, 2013, and WHEREAS, Homeland Security Grant will be used to purchase a Chemical Detection Device on New York State Contract for $20,000, and WHEREAS, the remaining $2,000 will be used for training costs for City of Ithaca employees and or agents of partner agencies; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 Authorized City Budget by the amount not to exceed $22,000 to be used for said Chemical Detection equipment and training as follows: Increase Revenue Account: A3410 -3989 Increase Appropriation Accounts: A3410 -5225 -12150 A3410 -5440 -15150 State Aid Other Equipment Staff Development A vote on the resolution resulted as follows: $22,000 $20,000 $2,000 Passed unanimously. 4.6 Bond Resolution Moved by Alderperson Brock. Seconded by Alderperson Kerslick. The City borrows funds twice a year. To borrow these funds, Common Council must first authorize the issuance of the bonds. This request is to approve the authorization of Capital Projects approved by Council since the last authorization in December 2012. The projects needed for authorization include projects approved since January 2013 and any Council previously authorized projects not yet included in a bond resolution. The total amount of the projects needed for authorization is $31,887,112. The City is required to pay its debt first. The City's current outstanding debt not including this issuance is $94,082.365. While $31,445,087 of the City's outstanding debt is related to water, sewer or wastewater and is exempt from the debt limit, the City still has a significant amount of general outstanding debit totaling $62,637,268. The total issuance for August will be $15,949,162 plus renewal of the BANS coming due. Of the new money, $2,843,662 is General Fund bonds. The other $13,105,500 is for Water and Sewer Fund bonds. City Administration Committee Meeting June 26, 2013 Page 11 The largest amount of the $31,887,112 authorization relates to the water plant project at $30,700,000. This project will significantly increase the City's outstanding debt and issued BANS for the next two years. The City will issue $13,000,000 with this issue and will issue another significant amount next year. Interest rates for this particular note will be between .30% and 1.00 %. A vote on the resolution resulted as follows: Passed unanimously. 5. 2014 Budget Process: Controller Thayer reported that the Mayor has sent out the budget guidelines for 2014. The budgets, showing a 2% reduction, should be submitted by August 1, 2013. 6. Committee Discussion Items 6.1 CA Work Plan Chairperson Proulx distributed the proposed City Administration Committee work plan for July 2013 to December 2013. The Committee reviewed the proposed work plan. Any suggested changes would be included in the revised proposed work plan and e- mailed to the Council. Chairperson Proulx will ask Alderpersons Mohlenhoff and Murtaugh for a similar work plan for their respective committee. 7. Meeting Wrap -up 7.1 Announcements Emergency Management Training: Alderperson Clairborne reported that he is working on the emergency management training process for the City. 7.2 Review, Agenda Items for Next Meeting. None. 7.3 Adjourn With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 8:38 p.m.