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HomeMy WebLinkAboutMN-CA-2013-11-01CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:30 p.m. November 25, 2013 PRESENT: Alderperson Proulx — Chair Alderpersons (4): Brock, Clairborne, Fleming, Kerslick OTHERS PRESENT: Fire Chief — Parsons Traffic Systems Engineer — Logue City Attorney - Lavine Human Resources Director — Michell -Nunn Controller - Thayer Deputy Controller — Andrew IURA Director — Bohn Former Mayor - Peterson 1. Call to Order 1.1 Agenda Review: Chairperson Proulx added the following item to the agenda: 2.1 — Fire — Fire Alarm Ordinance (Discussion). 1.2 Review /Approval of Minutes: Alderperson Brock made a motion to approve the minutes from the October 23, 2013 meeting of the City Administration Committee. Seconded by Alderperson Kerslick. Motion carried 5 -0. 1.3 Statements from the Public. None. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Standing Sub - Committee and Staff Reports 2.1 Fire — Fire Alarm Ordinance Fire Chief Parsons distributed information about the Fire Alarm Ordinance. Mr. Parsons stated that he has been working with the City Attorney's Office to draft the Fire Alarm Ordinance. Before completing the draft, the Fire Department and the Attorney's Office wanted to provide Common Council with some data to review, some specific issues to be considered and some recommendations for elements to be included in the ordinance. After the report and discussion, the Committee encouraged the departments to continue drafting the ordinance and to return to the meeting in a few months with an update. City Administration Committee Meeting November 25, 2013 Page 2 3. City Administration, Human Resources, and Policy 3.1 IURA - City Divestiture of Surplus Property, 3 -acre Subparcel of 31. -2 -6, 617 Five Mile Drive Moved by Alderperson Clairborne. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca owns parcel #31. -2 -6 located at 617 Five Mile Drive along Route 13A in the Town of Ithaca, and WHEREAS, parcel #31. -2 -6 is approximately 25 acres in size with 22 acres located to the east of the railroad tracks designated as park land in the Southwest Natural Area and an undesignated 3 acre subparcel located to the west of the railroad tracks, and WHEREAS, on August 2, 2013,New Earth Living LLC inquired about the possibility of purchasing the 3 -acre subparcel that is located adjacent to land they own at 619 Five Mile Drive where they intend to develop a cooperative housing community, and WHEREAS, on September 9, 2013, the City of Ithaca Board of Public Works determined that the 3 -acre subparcel is not needed for City of Ithaca public works purposes and recommended that the Common Council consider sale of the subparcel, subject to retention of an vehicular and pedestrian access easement, and WHEREAS, pursuant to §695 of General Municipal Law, the City may dispose of real property at the highest marketable price at public auction or by sealed bid, and WHEREAS, sale of the 3 -acre subparcel will require subdivision of the parcel, which subdivision must comply with zoning requirements, therefore the purchaser must consolidate the 3 -acre subparcel with an existing parcel; now, therefore, be it RESOLVED, the City of Ithaca Common Council hereby authorizes a competitive sealed bid process to receive bids to purchase the City -owned 3 -acre subparcel of parcel #31. -2 -6, located at 617 Five Mile Drive, subject to the following terms: Minimum Price: Fair Market Value to be determined by appraisal to be conducted after receipt of bids. Compliance with Purchaser must identify how conveyance of the 3 -acre Subdivision & Zoning subparcel will comply with Town of Ithaca subdivision Regulations: and zoning regulations. As the subparcel lacks street frontage, it appears that consolidation with an existing adjoining parcel will be required. Future Use: Open space, agricultural and /or residential use. Easement: Sale will be subject to retention of a public easement across the subparcel for access by vehicles and pedestrians to the City -owned Southwest Natural Area City Administration Committee Meeting November 25, 2013 Page 3 located east of the railroad tracks. Additional Purchaser Appraisal and lot consolidation expenses. Expenses: Disclaimer: City reserves the right to reject any and all bids. And be it further RESOLVED, that the Mayor, subject to review by the City Attorney, is authorized to issue an Invitation For Bids to implement this resolution, and be it further RESOLVED, that award of a bid is subject to environmental review and approval by the Common Council in satisfaction of the requirements of Section c- 36(40) of the City Charter. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Adoption of the Energy Action Plan 2012 -2016 Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca Common Council has demonstrated its desire and commitment to protect the environment by passing the following resolutions to: Join the International Council for Local Environmental Initiatives (2001) Endorse the US Mayors' Climate Protection Agreement (2005) Adopt the Climate Smart Communities Pledge (2009), and WHEREAS, the above resolutions pledged that the City of Ithaca will take local action to achieve sustainability, energy conservation, and climate protection goals, and WHEREAS, in order to guide City actions and decision - making to achieve these goals, a Local Action Plan: to Reduce Greenhouse Gas Emissions for City of Ithaca Government Operations ( "Local Action Plan ") was developed and adopted by Common Council in July 2006, and WHEREAS, the Local Action Plan included a baseline inventory of City government greenhouse gas emissions, a 10 -year reduction target, and a number of recommended measures the City of Ithaca could take to accomplish such reductions, and WHEREAS, many of these measures have been implemented, or continue to be implemented by the City since the adoption of the Local Action Plan, however, no formal monitoring of the implementation measures have been done, and WHEREAS, the above resolutions and Local Action Plan commit to a continuous and evolving process, which monitors progress and reports results, updates plans and policies as needed, and considers new ideas and opportunities, and City Administration Committee Meeting November 25, 2013 Page 4 WHEREAS, the new Energy Action Plan 2012 -2016 which contains an updated greenhouse gas emissions inventory (2010) for government operations and a baseline inventory for community -wide emissions, monitors implemented measures, recommends further steps the City of Ithaca can take to achieve its carbon reduction goals, and specifically adds a new Appendix E- Implementation Guide, is both a result and a crucial part of such evolving process, and WHEREAS, the information and strategies outlined in the new Energy Action Plan 2012 -2016 will further advance the City's ongoing efforts of environmental stewardship using methods that are economically feasible and socially equitable, and WHEREAS, the Energy Action Plan 2012 -2016 must have the support of the City of Ithaca at all levels of government to be successfully implemented, and WHEREAS, this support can be demonstrated at first by the City of Ithaca Common Council through the adoption of the Energy Action Plan 2012 -2016, and WHEREAS, in accordance with the City of Ithaca Code §176 -5 (26) "adoption of regulations, policies, procedures and local legislative decisions in connection with any action on this list ", this action does not require a City Environmental Quality Review (CEQR); now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby adopts the Energy Action Plan 2012 -2016, and be it further RESOLVED, That the Mayor will work with department heads and city staff, members of appropriate advisory boards and committees, businesses, community groups, academic institutions, organizations, and other local governments to implement the plan and advance the City's environmental goals. After discussion, Alderperson Brock made a motion to table the resolution until the December 2013 City Administration Committee meeting to allow time for Common Council members to read the entire plan and see where the changes had been made. Seconded by Alderperson Clairborne. The vote on the motion was as follows: Ayes (1): Brock Nays (4): Clairborne, Fleming, Kerslick, Proulx Motion failed 1 -4. A vote on the resolution resulted as follows: Passed unanimously. 3.3 DeWitt Park Sidewalk Assessment Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. City Administration Committee Meeting November 25, 2013 Page 5 WHEREAS, on September 4, 2013, the Common Council approved Local Law No. -2013, which created new Sidewalk Improvement Districts in which the owner of each tax parcel in each District is assessed based upon a formula reflecting the proportional benefits and enhanced value flowing to each property due to the installation and repair of sidewalk in its associated Sidewalk Improvement District, and WHEREAS, the Mayor signed the Local Law on October 2, 2013, and WHEREAS, the First Presbyterian Church is the owner of DeWitt Park, Tax Parcel No. 61. -2- 11, and would be responsible for the assessments to that parcel under the Local Law, and WHEREAS, pursuant to an Agreement between the Church and the Village of Ithaca dated April 25, 1856, the City has "full care, charge, control and government" of the public square, and has the responsibility to "keep the walks in good and proper condition," WHEREAS, the pervasively public nature of DeWitt Park leads the Common Council to conclude that under the Agreement, the City is the appropriate party to pay for Sidewalk Improvement District assessments resulting from ownership of the Park; now, therefore be it RESOLVED, That in connection with the Agreement dated April 25, 1856, the City shall reimburse the Church each year for the assessments levied against the DeWitt Park tax parcel, No. 61. -2 -11, and paid by the Church, under Local Law No. _ -2013, after the Church submits to the City Chamberlain proof of such payment to the City. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 DPW - A Resolution Authorizina Implementation and Fundina in the First Instance 100% of the Federal Aid - Eligible Costs and State "Marchiselli" Program -Aid Eligible Costs, of a Transportation Federal -Aid Project, and Appropriating Funds Therefore - Traffic Signal Uaarade — Phase II Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, a Project for the Traffic Signal Upgrade Phase II, P.I.N. 375464 (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 Project proposes to upgrade the traffic signals at five intersections, namely, 1) State /MLK Jr. Street and Cayuga Street; 2) State /MLK Jr. Street and Aurora Street; 3) Court Street and Cayuga Street; 4) Court Street and Tioga Street; and 5) Court Street and Aurora Street, and City Administration Committee Meeting November 25, 2013 Page 6 WHEREAS, the Traffic Signal Upgrade Project Phase II includes City traffic signal upgrades to intersections; Court Street and Aurora Street, Court Street and Tioga Street, Court Street and Cayuga Street, State /MLK Jr. Street and Cayuga Street, and State /MLK Jr. Street and Aurora Street; 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 and Design, and Construction and Construction Inspection; and WHEREAS, on March 2, 2011, Common Council approved funding in the first instance for the preliminary engineering and design phases in an amount of $174,000, with the understanding that the cost to the City would be 20% or $34,800, and WHEREAS, as part of the approved 2012 budget, Common Council authorized funding in the first instance in the amount of $764,000 for construction and construction inspection, with the understanding that the cost to the City would be 20% or $152,800 (for a total project cost of $938,000 and a total cost to the City of 20% or $187,600), and WHEREAS, during final design, cost estimates were updated and shown to be higher than anticipated, but additional federal and state aid ($132,000 and $25,950, respectively), have been made available for the project, so that the additional cost to the City for the total project will be $7,050, WHEREAS, under SEQR and CEQR, the replacement and upgrade of traffic control devices are exempt from further environmental review as Type II actions; now, therefore, be it RESOLVED, That the Common Council hereby approves the above - subject project; and it is hereby 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, Construction and Construction Inspection work for the Project or portions thereof, and it is further RESOLVED, That the sum of $165,000 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 it is further RESOLVED, That Common Council hereby amends Capital Project # 765, Traffic Signal Upgrade Phase ll, to include the Project costs of $165,000 and it is 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 18% of said portion, currently estimated at $194,650 of the $1,103,000 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 City Administration Committee Meeting November 25, 2013 Page 7 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 it is 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 it is 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 it is further RESOLVED, This Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 4.2 DPW - Authorization for the Mayor to Enter into Agreements for Project Funding for the Commons Repair & Upgrade Project Moved by Alderperson Kerslick. Seconded by Alderperson Proulx. WHEREAS, as a part of the 2008 City of Ithaca budget, the Common Council established Capital Project #724, Commons Upgrade & Repair, in the amount of $250,000 in order to begin the re- design of the Ithaca Commons, and WHEREAS, in November of 2010, Common Council amended the capital project to add an additional $800,000, for a total of $1,050,000 to fund the full design and the preparation of construction documents for the reconstruction of the Commons, and WHEREAS, in March of 2012, the Common Council passed a resolution authorizing staff to apply for federal grant funds to reconstruct the Ithaca Commons and committing the City to a local match of $3,500,000, and WHEREAS, in 2012, the City was notified that it was being awarded $1,800,000 from the New York State Consolidated Funding Application for the Commons reconstruction project, and WHEREAS, in 2012, the City was notified that it was being awarded $4,500,000, through the Federal Transit Agency State of Good Repair Grant program, and City Administration Committee Meeting November 25, 2013 Page 8 WHEREAS, as a part of the 2013 City of Ithaca budget, the Common Council amended CP 724 to add $9,000,000 from the General Fund, $573,000 from the Water Fund, and $860,000 from the Sewer Fund, for a total project amount of $11,483,000, in order to fund the reconstruction of the Ithaca Commons in the first instance with the understanding that the NYS CFA and FTA funds would reimburse the City $6,300,000 and the Downtown Ithaca Alliance would contribute $500,000 over a 10 year period, and WHEREAS, in order to be reimbursed from the NYS Consolidated Funding Application program and from the FTA, the City needs to enter into agreements with New York State and Tompkins County, respectively, (Tompkins County is the only agency in the county that is eligible to be a recipient of FTA funds, but they are allowed to sub - contract with other agencies to deliver projects), now, therefore, be it RESOLVED, That Common Council does hereby authorize the Mayor of the City of Ithaca to enter into agreements with New York State and Tompkins County in order to progress the Commons Upgrade & Repair project and to receive reimbursements for grant awards. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Fire — Request to Establish Capital Project Moved by Alderperson Fleming. Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca Fire Department (IFD) was awarded $141,108 under the FY2012 Technical Rescue and Urban Search and Rescue (USAR) Grant Program and; WHEREAS, the funding for this initiative is provided by the federal Department of Homeland Security's State Homeland Security Program (SHSP), and administered by the New York State Division of Homeland Security and Emergency Services and; WHEREAS, the award provides reimbursement for the purchase of swift /flood water rescue equipment, technical rescue equipment, and the personnel costs for technical rescue training; now, therefore be it RESOLVED, That Common Council hereby authorizes the Controller's Office to establish Capital Project # 792 IFD Technical and Urban Search and Rescue in the amount not to exceed $141,108.00 with all funds issuing from the FY2012 Technical Rescue and Urban Search and Rescue (USAR) Grant Program. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Controller - Request to Amend Budget to Account For Various Unanticipated Revenue Moved by Alderperson Brock. Seconded by Alderperson Kerslick. City Administration Committee Meeting November 25, 2013 Page 9 WHEREAS, during 2013, City of Ithaca departments have received revenue from various unanticipated sources including reimbursement, grants, donations, and sale of material, that need to be accounted for in the 2013 budget, and WHEREAS, the reimbursements total $38,540 as follows: Tompkins County Celebration Grants $13,250 Insurance Recovery 15,369 Donations 5,698 Sale of Scrap /Equipment 4,223 now, therefore be it RESOLVED, That Common Council hereby amends the 2013 authorized budget as follows to account for said receipts and expenditures of funds: Increase Revenue Accounts: A1012 -2379 Community Celebrations $13,250 A3120 -2705 Police — Donations 5,000 A3120 -2680 Insurance Recovery 11,444 A3620 -2680 Building Dept. Ins. Recovery 3,925 A5132 -2655 Garage Minor Sales 1,143 A5111 -2655 Maintenance of Roads Minor Sales 1,080 A5411 -2655 Commons Minor Sales 2,000 A7111 -2705 Parks & Forestry — Donations 698 Totals $38,540 Increase Appropriation Accounts: A1012 -5435 Celebrations Contracts $13,250 A5132 -5481 Garage Small Tools 1,143 A7111 -5485 Parks & Forestry — Trees 698 A3120- 5477 -5022 Police Equipment Parts 5,000 A3120- 5476 -5000 Police Equipment Maintenance 1,000 A3120- 5476 -5001 Police Equipment Maintenance 10,444 A5111 -5483 Maintenance of Roads 1,080 A5111 -5475 Commons Property Maintenance 2,000 A3620 -5476 Building Equipment Maintenance 3,925 Totals $38,540 A vote on the resolution resulted as follows: Passed unanimously. 4.5 Controller — Issuance of Bonds Moved by Alderperson Brock. Seconded by Alderperson Kerslick. City Administration Committee Meeting November 25, 2013 Page 10 A resolution will be put forth authorizing the issuance of $6,553,310 Bonds for the City of Ithaca to pay the cost of certain capital improvements in and for the City. The capital improvements to be financed by the bond resolution and the specifics about each capital improvement are included in the resolution. A vote on the resolution to be put forth resulted as follows: Passed unanimously. 4.6 Controller — Authorization to Cover Red Accounts Moved by Alderperson Kerslick. Seconded by Alderperson Brock. RESOLVED, That the City Controller be empowered to make transfers within the 2013 Budget appropriations, as needed, for the remainder of the 2013 Fiscal Year. A vote on the resolution resulted as follows: Passed unanimously. 5. Committee Discussion Items 5.1 Discussion on Internal Control to Comply With External Audit Procedures Leslie Spurgin, of CDLM, sent a questionnaire about the City's audits to Common Council that needed to be completed and returned. As the Committee discussed and answered the questions, Chairperson Proulx completed the questionnaire and will return it to Ms. Spurgin. 6. Meeting Wrap -up 6.1 Announcements Contaminants Impacting the Southern End of Cayuga Lake: Alderperson Brock sent an e-mail to Council members about bringing forth a member filed resolution regarding the NYS DEC (Department of Environmental Conservation) and EPA (Environmental Protection Agency) process where they are developing a study establishing a TMDL total maximum daily load for phosphorus and other contaminants that are impacting the southern end of Cayuga Lake. Instead, a letter on behalf of the City and members of the Special Joint Committee will be sent to the DEC asking that a member of the Special Joint Committee have a seat on the advisory committee that will be determining the methodology and parameters of the TMDL. In addition to this, once the new Common Council has been seated, Brock would like to have SJC staff attend a meeting, for Council to be briefed on the process that is being undertaken on this issue. Common Council Orientation: Alderperson Brock asked that a Common Council orientation be offered in early January 2014 to brief and educate Council members on the different rules and regulations (e.g. conflict of interest and to define /explain recommend, endorse, approve, accept, adopt, etc.). City Administration Committee Meeting November 25, 2013 Page 11 6.2 Review. Aaenda Items for Next Meetin The City Administration Committee meeting for December will be on Monday — December 16, 2013 — 6:00 p.m. 6.3 Adjourn With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 9:18 p.m.