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HomeMy WebLinkAboutMN-CA-2013-09-01CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting PRESENT: Alderperson Proulx — Chair Alderpersons (3): Brock, Clairborne, Kerslick Mayor Myrick ABSENT: Alderperson (1): Fleming OTHERS PRESENT: City Attorney — Lavine Director of Parking - Nagy Director of Planning — Cornish Director of Zoning - Radke Director of Engineering - West City Chamberlain - Parsons Human Resources Director — Michell -Nunn Controller - Thayer Alderperson — Dotson 1. Call to Order 6:00 p.m. September 25, 2013 1.1 Agenda Review: Chairperson Proulx stated that the following item has been added to the agenda: Item 3.7 — DPW — Resolution to Allow Chief Operator to Sign NYSEG Interconnection Agreement for Cogeneration System. 1.2 Review /Approval of Minutes: Alderperson Brock made a motion to approve the minutes, with corrections, from the August 28, 2013 meeting of the City Administration Committee. Seconded by Alderperson Kerslick. Motion carried unanimously. 1.3 Statements from the Public Faye Gougakis, of Ithaca, talked in support of agenda item 3.5 about giving cyclist and other vulnerable road users at least three (3) feet of space when passing them and she talked about drivers' being distracted because of texting, talking on the cell phone or doing other things while driving. Ms. Gougakis asked the City to do something about these issues and to ask Cornell University to increase their contributions to the City. Sheryl Swink, Project Growing Hope (PGH), Board Member, expressed appreciation to all (staff, Common Council and PGH staff) for the hard work that they have put into the draft of the new lease. Dan Hoffman, attorney assisting PGH, expressed PGH's appreciation for what staff and Council has done to this point. The lease is not exactly what everyone wants; but they have agreed to what has been drafted. City Administration Committee Meeting September 25, 2013 Page 2 Cynthia Yahn, of Ithaca, expressed her thoughts about what has been happening with the discussions on the Community Gardens. Building Links, Inc., who is an option holder, was not invited into the discussions on the lease nor was Building Links, Inc. and other interested parties notified of previous City meetings where the lease was discussed. Ms. Yahn is disappointed that information that was supposed to be distributed to the Mayor and Common Council in 2012 in regards to the request to exercise the option was not delivered as promised. Ms. Yahn is not in support of the new lease with PGH and talked about legal options that may be taken. 1.4 Statements from Employees. None. 1.5 Council Response Alderperson Brock responded to the comments made about making the streets safer for cyclists and mentioned that the penalties for drivers caught texting or talking on a cell phone while driving (e.g. points on license, fine, etc.) have been recently increased by New York State. Ms. Brock, also, talked about what the City has done to make it safer for cyclists (e.g. bicycle lanes). 2. Standing Sub - Committee and Staff Reports 2.1 IURA — Energy Action Plan Discussion A small working group was created that consisted of JoAnn Cornish, Jennifer Dotson, former Mayor Carolyn Peterson, Sue Kittel and members of the public. Members of this group are here tonight to give an update and to get direction from the Mayor and Common Council on how to proceed with the Energy Action Plan for the City. After the update and discussion, the City Administration Committee recommended that the working group move forward with the steps that they have outlined in their report and come back to the meeting next month to give an update. 3. City Administration, Human Resources, and Policy 3.1 Attorney's Office — Community Gardens Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca /Ithaca Urban Renewal Agency (IURA) executed a Purchase Agreement with Building Links, Inc. in 1999 for approximately eight acres of undeveloped land zoned 1 -1 located in Carpenter Business Park (CBP), which gave Building Links, Inc. an option (the "Option ") to purchase Carpenter Business Park Tax Parcel 36- 1 -3.4, which Option was subsequently defined in a 2002 agreement; WHEREAS, the City leased CBP Tax Parcel 36 -1 -3.4 to Project Growing Hope, Inc. for a twenty -year term expiring on December 31, 2013 for use as a community garden; City Administration Committee Meeting September 25, 2013 Page 3 WHEREAS, the City of Ithaca, in anticipation of future development invested over $500,000 to build the infrastructure necessary for commercial development in the former Carpenter Business Park; and WHEREAS, included in the sale of Carpenter Business Park was a purchase option of the City owned parcels leased by Project Growing Hope, Inc., which option could only be exercised during the term of the lease with the approval of Project Growing Hope, Inc.; WHEREAS, upon expiration of the lease, said option could be exercised if the Common Council decided not to extend or renew the lease with Project Growing Hope, Inc.; WHEREAS, it is generally agreed upon that the Carpenter Business Park is an appropriate location for economic development; WHEREAS, Building Links, Inc. provided notice and payment dated July 1, 2013 of its intent to exercise the purchase option, said exercise effective only in the event that Project Growing Hope is not in possession of an executed lease effective January 1, 2014; WHEREAS, Project Growing Hope, Inc. has approached the City requesting renewal of the lease; WHEREAS, it is generally agreed that community gardening is a valuable public benefit for City residents; WHEREAS, the Common Council, on September 19, 2012, directed the Mayor and City Attorney to negotiate a new lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden; WHEREAS, the Common Council resolved that the City's renewed agreement with Project Growing Hope Inc. would include specific conditions that, when all met, would allow early termination of the lease: • Final Site Plan approval by the City of Ithaca Planning Board for the development of the lands comprising the Carpenter Business Park, of which the parcel leased to Project Growing Hope, Inc. is included, and; • A signed agreement with the developer for above - mentioned Site Plan that provides the City with an easement for a future public roadway that would connect Cascadilla Street to Third Street, through the proposed project site, in order to facilitate and safely manage traffic impacts of additional development in the vicinity, and; • Successful negotiations between the City and the developer for an agreed upon cost to be paid by the developer and to be solely used by the City for relocation, construction, and the establishment of a management framework for a substitute garden, and; • If relevant, submission of written notice of optionee's intent to exercise the option to acquire the Community Garden parcel pursuant to the "Option to Purchase Real Property" agreement between the City of Ithaca and Building Links, Inc., dated February 2002; City Administration Committee Meeting September 25, 2013 Page 4 WHEREAS, Upon further discussion and consideration of a proposed lease, the City Administration Committee has indicated its preference that the Common Council authorize the execution of a lease without the specific terms and conditions for early termination contained in the September 19, 2012 resolution; now therefore be it RESOLVED, That the Common Council repeals the terms and conditions for early termination specified in its September 19, 2012 resolution; and be it further RESOLVED, That the Common Council approves of the attached lease agreement granting Project Growing Hope, Inc. continued use of a portion of Carpenter Business Park as a community garden; and be it further RESOLVED, That the Common Council authorizes and directs the Mayor to execute the attached lease agreement with Project Growing Hope, Inc. for the Carpenter Business Park community garden. After discussion, Alderperson Brock made a motion to amend the lease that is in the packet, to change the two (2) year early termination language in the packet to the language that is in the offered version that says "Notwithstanding the provisions of one year's notice in this subsection (c), if the effective date of termination of the lease so calculated falls between May 1St and October 31St of any given year, then in that case the actual date of termination shall be November 1St of the year following Lessor's notice of termination" and to charge $1 for rent. Seconded by Alderperson Clairborne. The vote on the amendment resulted as follows: Ayes (2): Brock, Clairborne Nays (2): Kerslick, Proulx Motion failed 2 -2; due to the lack of a majority. Chairperson Proulx made a motion to replace the lease in the packet with the lease from the Mayor, which leaves the Resolves unchanged. Motion failed due to the lack of a second. Alderperson Brock made a motion to amend the resolution by charging $4,000 per year for rent. Seconded by Chairperson Proulx. The vote on the amendment resulted as follows: Ayes (2): Brock, Proulx Nays (2): Clairborne, Kerslick Motion failed 2 -2; due to the lack of a majority. Alderperson Kerslick made a motion to amend the lease in the packet by charging $1 for rent and by replacing the two (2) year early termination language in the packet to the language that is in the offered version, which would bring it to one year plus a season. Seconded by Alderperson Brock. The vote on the amendment resulted as follows: City Administration Committee Meeting September 25, 2013 Page 5 Ayes (3): Brock, Clairborne, Kerslick Nays (1): Proulx A vote on the main resolution as amended resulted as follows: Ayes (2): Brock, Kerslick Nays (2): Clairborne, Proulx Motion passed 3 -1. Motion failed 2 -2; due to the lack of a majority. Chairperson Proulx made a motion to table this agenda item to next month's meeting of the City Administration Committee. Seconded by Alderperson Kerslick. A vote on the motion resulted as follows: Passed unanimously. 3.2 Planning, Building & Economic Development — Rewrite of Zoning Requirements Director of Zoning Administration Radke attended the meeting to give a brief explanation of the proposed goals, Committees and process for rewriting of the zoning ordinance. 3.3 Chamberlain's Office - A Local Law to Increase Income Limits for Eligibility for the Disability Real Property Tax Exemption Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. Local Law No. 2013- Pursuant to an increase in the income ceilings at the State level for disability tax exemptions, section 300- 26(B)(1) of Article V entitled "Disability Exemption" of the City of Ithaca Municipal Code shall be amended to increase the amount of the partial real property tax exemption for certain disabled persons. Section 1: Section 300 -26B (1) of the City of Ithaca Municipal Code is hereby amended to read as follows: B. Exemption granted. (1) Pursuant to the provisions of § 459 -c of the Real Property Tax Law of the State of New York, real property located in the City of Ithaca owned by one or more persons, each of whom is disabled and whose income is limited by reason of such disability, or real property owned by a married couple, or siblings, one of whom is disabled and whose income is limited by reason of such disability, shall be partially exempt from taxation by said city for the applicable taxes specified in § 459 -c based upon the income of the owner or combined income of the owners. Such partial exemption shall be to the extent set forth in the schedule following: City Administration Committee Meeting September 25, 2013 Page 6 Annual Income of Owner or Combined Annual Income of Owners Up to but less than $29,000 [$28,000] Up to but less than $30,000 [$29,000] Up to but less than $31,000 [$30,000] Up to but less than $32,000 [$31,000] Up to but less than $32,900 [$31,900] Up to but less than $33,800 [$32,800] Up to but less than $34,700 [$33,700] Up to but less than $35,600 [$34,600] Up to but less than $36,500 [$35,500] Up to but less than $37,400 [$36,400] Assessed Valuation Exempt From Taxation 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% Section 2. Severability Clause. 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 Local Law shall take effect immediately in accordance with law upon filing with the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 3.4 Chamberlains' Office - An Ordinance to Increase Income Limits for Eligibility for the Real Property Tax Exemption for Persons over 65 Moved by Alderperson Kerslick. Seconded by Alderperson Clairborne. Ordinance 2013- BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Pursuant to an increase in the income ceilings at the State level for tax exemptions for senior citizens, sections 300- 1(A)(1) and 300 -2(A) of Article I entitled "Senior Citizens Exemption" of the City of Ithaca Municipal Code shall be amended to increase the amount of the partial real property tax exemption for certain senior citizens, as follows: § 300 -1. Exemption granted. A. Pursuant to the provisions of §467 of the Real Property Tax Law of the State of New York, real property in the City of Ithaca owned by one or more persons, each of whom is 65 years of age or over, or real property owned by a married couple or by siblings, one of whom is sixty- City Administration Committee Meeting September 25, 2013 Page 7 five years of age or over, shall be partially exempt from taxation by the city based upon the income of the owner or the combined incomes of the owners. (1) Such partial exemption shall be to the extent set forth in the schedule following: Annual Income of Owner or Combined Annual Income of Owners Up to but less than $29,000 [$28,000] Up to but less than $30,000 [$29,000] Up to but less than $31,000 [$30,000] Up to but less than $32,000 [$31,000] Up to but less than $32,900 [$31,900] Up to but less than $33,800 [$32,800] Up to but less than $34,700 [$33,700] Up to but less than $35,600 [$34,600] Up to but less than $36,500 [$35,500] Up to but less than $37,400 [$36,400] Assessed Valuation Exempt From Taxation 50% 45% 40% 35% 30% 25% 20% 15% 10% 5% (2) The partial exemption provided by this article shall, however, be limited to such property and persons as meet the conditions, exclusions and limitations set forth in §467 of the Real Property Tax Law of the State of New York. § 300 -2. Limitations on exemption. No exemption shall be granted: A. If the income of the owner or the combined income of the owners of the property exceeds the sum of $37,400 [$36,400] for the income tax year immediately preceding the date of making application for exemption as consistent with the schedule provided in § 300 -1A. "Income tax year" shall mean a twelve -month period for which the owner or owners filed a federal personal income tax return or, if no such return is filed, the calendar year. Where title is vested in either spouse, their combined income may not exceed such sum. Such income shall include social security and retirement benefits, interest, dividends, total gain from the sale or exchange of a capital asset in the same income tax year, net rental income, salary or earnings and net income from self - employment but shall not include a return of capital, gifts or inheritances. In computing net rental income and net income from self - employment, no depreciation deduction shall be allowed for the exhaustion, wear and tear of real or personal property held for the production of income. Section 2. Severability. If any section, sentence, clause or phrase of this law is held invalid or unconstitutional by any court of competent jurisdiction, it shall in no way affect the validity of any remaining portions of this law. City Administration Committee Meeting September 25, 2013 Page 8 Section 3. 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 BPAC - Request to Enact a City Policy for all City -owned Vehicles to Give Cyclists and Other Vulnerable Road Users at Least Three Feet of Space When Passina Them This Committee discussed this item. After discussion, HR Director Michell -Nunn stated that she would have a discussion about this agenda item with Senior Staff. 3.6 DPW — Request to Standardize Parking Equipment Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, the Parking Director has requested the standardization of the parking garage revenue system equipment utilized in the city -owned parking garages, and WHEREAS, two of the three City -owned parking garages are equipped with Federal APD equipment, and, WHEREAS, it is in the best interest of the City for reasons of efficiency, compatibility and economics to standardize equipment for the parking revenue system from a limited number of qualified dealers, and WHEREAS, the current equipment is in good condition but requires significant retrofit in order to maximize convenience for parking customers and revenue, and WHEREAS, the Board of Public Works, by resolution dated September 9, 2013, endorses the Parking Director's request for standardization of parking revenue equipment, now, therefore, be it RESOLVED, That pursuant to section 103, subdivision 5 -A of the General Municipal Law of the State of New York, the Common Council authorizes, for the purchase of retrofitting said equipment, the standardization of Federal APD equipment as the brand of equipment to be used and purchased by the City of Ithaca for revenue equipment in city -owned parking garages. A vote on the resolution resulted as follows: Passed unanimously. 3.7 DPW — Resolution to Allow Chief Operator to Sign NYSEG Interconnection Agreement for Cogeneration System Moved by Alderperson Brock. Seconded by Alderperson Kerslick. City Administration Committee Meeting September 25, 2013 Page 9 WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is a jointly owned facility by the City of Ithaca and Towns of Dryden and Ithaca, and WHEREAS, a new biogas utilizing microturbine cogeneration system was installed as part of the Johnson Controls Inc. Energy Performance Contract, and WHEREAS, NYSEG supplies electricity to the IAWWTF into which the cogeneration system is connected and WHEREAS, NYSEG requires that any interconnection comply with "New York State Standardized Interconnection Requirements and Application Process for New Distributed Generators 2 MW or Less Connected in Parallel with Utility Distribution Systems ", and WHEREAS, the interconnection agreement contained within the requirements must be signed; now; therefore be it RESOLVED, That Common Council hereby authorizes the IAWWTF Chief Operator to enter into an Interconnection Agreement on behalf of the City of Ithaca. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 DPW — Authorization for Budget Allocation for Green Street Garage Structural Repairs Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, the structural elements of the Green Street Garage have been structurally compromised due to automobile crashes and WHEREAS, a portion of the Green Street Garage has been unavailable for parking due to the structural damage, and WHEREAS, Stantec Consulting Services, Inc. has developed design details and specifications for repair of the damaged structural elements, and WHEREAS, Public Works staff has requested and received proposals for undertaking repairs to the structural elements of the Green Street Garage, and WHEREAS, engineering staff estimates that the cost of such design and repairs will not exceed $70,000; now therefore, be it RESOLVED, That Common Council hereby amends Capital Project #469 Green Street Garage Improvements by an amount not to exceed $70,000 for design and construction services necessary for the repair of the damaged structural elements of the Green Street Garage, and be it further City Administration Committee Meeting September 25, 2013 Page 10 4.2 RESOLVED, That funds necessary for said $70,000 amendment shall be derived from a combination of funds from Capital Reserve #14 Parking Areas, insurance recoveries and the issuance of Serial Bonds. A vote on the resolution resulted as follows: Passed unanimously. Chamberlain's Office — Reauest to Purchase Office Eaui Moved by Alderperson Brock. Seconded by Alderperson Clairborne. WHEREAS, the City Chamberlain's Office uses various office equipment to perform its functions, and WHEREAS, the Chamberlain's Office printing equipment has exceeded the useful life of the current equipment by over five years, and WHEREAS, it was anticipated that the office printer equipment was going to be replaced in 2014, but the equipment is failing prior to the 2014 budget cycle, and WHEREAS, that office equipment needs to be replaced, either with new equipment or with a service provider, prior to the 2014 tax billing process, and WHEREAS, the funds needed for said printer purchase can be transferred from unrestricted contingency, which currently has a balance of $105,000; now, therefore, be it RESOLVED, That Common Council amends the City Chamberlain's budget as follows: Increase A1317 -5210 $5,062 A1317 -5435 $810 A1317 -5476 300 $6,172 and be it further (purchase of a new printer and signature key) (contract to provide service) (maintenance contract for two printers) RESOLVED, That Common Council hereby transfers an amount not to exceed $6,172 from Account A1990 Unrestricted Contingency to the above stated accounts. A vote on the resolution resulted as follows: Passed unanimously. 4.3 2013 -2014 Civil Service Agreement with the Ithaca City School District Moved by Alderperson Clairborne. Seconded by Alderperson Kerslick. RESOLVED, That the Mayor and City Controller be authorized and directed to execute an agreement between the City of Ithaca and the Ithaca City School District for performance by City Administration Committee Meeting September 25, 2013 Page 11 the City for services in connection with Civil Service matters, for the period July 1, 2013, to June 30, 2014, in an amount of $63,637, payable to the City of Ithaca on or before November 1, 2013. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Controller's Office — Amend Budget for Living Wage Adjustments Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, the 2013 Budget included $44,000 in Restricted Contingency to fund the necessary wage increases for Living Wage Certification effective July 1, 2013 as determined by the Tompkins County Workers Center, and WHEREAS, the City has started making the necessary wage adjustments to various City Departments including the Ithaca Youth Bureau, Greater Ithaca Activities Center (GIAC) and the Department of Public Works (DPW), and WHEREAS, the necessary living wage adjustments will be included in the 2014 budget and future budgets as necessary, and WHEREAS, the wage adjustments need to be accounted for in the 2013 budget with transfers from the Restricted Contingency Account; now therefore be it RESOLVED, That Common Council hereby transfers an amount not to exceed $44,000 from Account A1990 Restricted Contingency to the following accounts to fund the necessary wage adjustments for the Living Wage Certification: Increase Appropriation Accounts: A7310 -5120 Youth Bureau Hourly P/T Various Programs$18,500 A7311 -5120 GIAC Hourly P/T Various Programs $17,000 A7111 -5120 DPW Parks & Forestry $6,500 A5010 -5120 DPW Streets Administration $2,000 $44,000 A vote on the resolution resulted as follows: Passed unanimously. 4.5 Council - A Local Law to Override the Tax Levy Limit Established in General Municipal Law Moved by Alderperson Clairborne. Seconded by Alderperson Brock. Local Law No. of the year 2014 BE IT ENACTED by the Common Council of the City of Ithaca as follows: City Administration Committee Meeting September 25, 2013 Page 12 Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2014, that requires a real property tax levy in excess of the "tax levy limit" as defined by General Municipal Law §3 -c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3 -c, which expressly authorizes a local government's governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60 %) of said governing body. Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2014, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3 -c. Section 4. Severability If a court determines that any clause, sentence, paragraph, subdivision, or part of this local law or the application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court's order or judgment shall not affect, impair, or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective date This local law shall take effect immediately upon filing with the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 5. 2014 Budget Process /Update The Mayor and the Controller's Office are putting together the final proposed budget, which is due out next week. Again, it will be difficult to balance the budget due, but not limited, to high pension rates, increases in health insurance rates and the expenses outweighing the revenues. 6. Committee Discussion Items 6.1 Nuisance Smoke Working Group — Discussion Alderperson Brock updated the Committee on this agenda item. On behalf of the Nuisance Smoke Working Group, Alderperson Brock requested to have the City Attorney and the Planning, Building and Economic Development Department staff evaluate and draft the City- City Administration Committee Meeting September 25, 2013 Page 13 wide zoning prohibiting the installation and operation of outdoor wood boilers. The Committee agreed to direct staff to draft a City -wide prohibition on the installation and operation of outdoor wood boilers. 7. Meeting Wrap -up 7.1 Announcements. None. 7.2 Review. Aaenda Items for Next Meetina. None. 7.3 Adjourn With no further business and on a motion by Alderperson Clairborne, the meeting was adjourned at 9:22 p.m.