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.