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HomeMy WebLinkAboutMN-CA-2013-08-01CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. August 28, 2013 PRESENT: Alderperson Proulx — Chair Alderpersons (4): Brock, Clairborne, Fleming, Kerslick OTHERS PRESENT: Acting Superintendent of Public Works — Benjamin City Clerk — Holcomb Manager of Electronics Communication - Kronenbitter City Attorney — Lavine Acting Youth Bureau Director — Vance Director of Engineering - West Human Resources Director — Michell -Nunn Controller - Thayer Deputy Controller — Andrew Alderpersons — McCollister, Murtaugh 1. Call to Order 1.1 Agenda Review: None. 1.2 Review /Approval of Minutes: Alderperson Brock made a motion to approve the minutes, with corrections, from the July 24, 2013 meeting of the City Administration Committee. Seconded by Alderperson Kerslick. Motion carried 4 -0. (Alderperson Clairborne was absent from the vote.) 1.3 Statements from the Public Brittany Jarrett, a student at Cornell University, spoke in support of the Community Gardens. Ms. Jarrett encouraged the City to renew the lease for the Community Gardens in its current location or to find a new location within the City. (Alderperson Clairborne arrived at 6:05 p.m.) Doug Dylla, of Ithaca and chair of the IURA Economic Development Committee, spoke about how the Community Gardens benefits the City and that this parcel would be better used as a park as opposed to being used for industrial development. Mr. Dylla suggested that the City consider the surroundings in this area when moving forward with its decision. Monika Roth, of Ithaca and works for Cornell Cooperative Extension, stated that it should be in the City's interest to consider local foods and the ability for residents to produce food in a public or private site. Food nurtures people and gets them out exercising. It can lead to jobs and it is good exercise for the community. Ms. Roth talked about how the number of sites that they looked at many sites and how long the process would be if the Community Gardens had to find another location. The Community Gardens is gem; let's not use it because of the development. City Administration Committee Meeting August 28, 2013 Page 2 Sheryl Swink, of Ithaca, thanked everyone for working on this issue and corrected the error some people have about the Community Gardens. She talked about how long participants of the Community Gardens have been there; some for almost 10 years. There is a rotating of people through the gardens. She talked a little about the rent paid by this garden and other community gardens. Judith Barker, of Ithaca, talked about participants of the gardens who regularly donate their vegetables to Loaves and Fishes. Renee Brutvan, of Ithaca, spoke about the Community Gardens' lease. What she objects to about the lease negotiations is that there is no buffer time; it takes a long time to relocate the gardens. She stated that if the gardens have to move, it would take about two (2) years to get acclimated at a new location. The gardens are part of the community, a family. Ms. Brutvan invited Council members to come down and get a garden of their own. Dan Hoffman, of Ithaca and an attorney assisting Project Growing Hope (PGH) on the lease issue on a pro bono basis, first expressed appreciation for what Council members and staff have done so far on this issue. PGH reviewed the ideas for the revised lease terms that appeared in the agenda packet. The ideas behind the suggested new terms were explained by Alderperson Murtaugh in a meeting last week. Responses from PGH are set forth in a memo from Sheryl Swink, which Mr. Hoffman would summarize the main points (e.g. rent, insurance, rent, in -kind value provided by the PGH to the community, fair rental value, early termination, etc.). Cynthia Yahn, of Ithaca, distributed information to the Committee. Ms. Yahn talked about the lack of notification to Templar and Building Links Inks about the City Administration Committee in July and the lack of response from the City Attorney's Office to the letters written by William J. Foster and Building Links Inc. Joshua Dolan, of Ithaca, has been involved with the Committee that was looking for other locations around the City for the Community Gardens and was not able to find anything similar. He talked about what was needed to create or put together the Community Gardens. Mr. Dolan suggested a good alternative site for the gardens — Newman Golf Course. Tom Hanna, of Ithaca, talked about sidewalks and the law the City is passing that makes homeowners responsible for the sidewalks and the cost. Kristin Gutenberger, Manager of Cornell University's real estate operations, asked questions and expressed concerns by Cornell regarding the sidewalk local law. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Standing Sub - Committee and Staff Reports. None. City Administration Committee Meeting August 28, 2013 Page 3 3. City Administration, Human Resources, and Policy 3.1 Youth Bureau — Request to Amend 2013 Roster Moved by Alderperson Clairborne. Seconded by Alderperson Brock. WHEREAS, the Ithaca Youth Bureau has proposed to add a fulltime (35 hours) Recreation Program Specialist to the roster, eliminate funding for an existing Recreation Coordinator position and leave the position vacant, WHEREAS, the Youth Bureau has worked closely with the Human Resources Department to develop this proposal and anticipates formal adoption for the position by the Civil Services Commission in September; now, therefore, be it RESOLVED, That Common Council hereby amends the 2013 roster as follows: Delete: One (1) Recreation Coordinator Position (35 hour) Add: One (1) Recreation Program Specialist (35 hour) and be it further RESOLVED, That said roster amendment will be made within existing funds of the 2013 authorized Youth Bureau Budget, and be it further RESOLVED, That this roster amendment is contingent on approval by the Civil Service Commission. A vote on the resolution resulted as follows: Passed unanimously. 3.2 Attorney's Office — Community Gardens Chairperson Proulx stated that this is a continued discussion of the Community Gardens lease renewal. City Attorney Ari Lavine attended the meeting to join in the discussion. At last month's meeting, there was a discussion about the proposed lease terms. This item was returned to staff for further consideration and for them to bring forward some additional or alternatives ideas. At this meeting, the Committee will continue to discuss this item with hopes that the Attorney's Office would get a sense on how to move forward with the final negotiations with Project Growing Hope (PGH). The Committee focused their discussion on the three suggestions that were proposed in the letter from Assistant City Attorney Flaherty, which were City Administration Committee Meeting August 28, 2013 Page 4 • 1) more latitude for early termination, structured more similarly to the Farmer's Market lease; • 2) rental value of property; and • 3) Insurance required. Chairperson Proulx asked the City Attorney if there was a legal way to extend the existing lease in the event that Common Council could not decide on what to do? Mr. Lavine responded that the extension would constitute a renewal of the lease and that it could be done on the existing terms if by both parties were agreeable. The length of the lease would, then, be determined at that time. Chairperson Proulx summarized the discussion. After conducting straw votes, the City Attorney's Office would use the results from the votes to draft a lease with PGH. So, at the next meeting, there would be two voting items on the agenda; the new lease with PGH and an alternate resolution that would direct the Committee to not renew the lease but start another planning process. 3.3 Attorney's Office — Local Law "City of Ithaca Local Law Concerning Sidewalk Improvement Districts" After the Government Performance & Accountability (GPA) Committee approved at its August 12th meeting the proposed sidewalk local law, a working group that consisted of staff from the Department of Public Works, the City Attorney's Office and the Controller's Office met to discuss the projected City -wide levy, the financial feasibility of carrying out the sidewalk work, the various staffing options and the projected impact on the general fund of these various staffing structures.. This working group attended this meeting to update the Committee on this topic. 3.4 Attorney's Office — Ordinance to Amend Section 342 -18 of the City Code Moved by Alderperson Brock. Seconded by Alderperson Clairborne. [ 0] :10] I► l_ V An Ordinance Amending Section 342 of the City of Ithaca Code WHEREAS Common Council has passed a local law that would amend the City of Ithaca Charter to establish Sidewalk Improvement Districts, and WHEREAS the City of Ithaca Code contains provisions relating to the liability of abutting property owners for the construction and repair of sidewalk that are inconsistent with said local law, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Code Amendment. City Administration Committee Meeting August 28, 2013 Page 5 Section 342 -18 (Duty to Construct and Maintain Sidewalks) of the City of Ithaca Code is hereby amended as follows: Upon notice from the Board of Public Works, it shall be the duty of the owner of any property subject to Section C -73.1 of the Charter to properly construct and maintain a sidewalk in front of his /her property. However, no person shall proceed with the construction, reconstruction or repair of any sidewalk without obtaining a street permit from the Superintendent or his /her authorized agent and a sidewalk survey request from the office of the Engineer. The Engineer shall supply line and grade and the specifications for the work to be performed. Section 2. Effective Date. This ordinance shall take effect immediately in accordance with law upon the later of (i) publication of a notice as provided in the City of Ithaca Charter and (ii) the effective date of the City of Ithaca Local Law Concerning Sidewalk Improvement Districts, No. _ -2013. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 Clerk's Office - Amendment to CP #783 — E -mail System Replacement Project Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, Capital Project #783 was established in the 2013 budget in the amount of $83,000 to replace the City's e -mail and archiving system, and WHEREAS, a Request for Proposals was issued and responses were received in April, 2013, and the City Clerk's Office conducted extensive research on each project proposal, and WHEREAS, based on the research and long -term cost and support considerations, the City Clerk's Office is recommending a hybrid solution of Microsoft Exchange for e -mail and Mirapoint's RazorSafe for e -mail archiving, and WHEREAS, the GPA Committee reviewed the available options and associated costs, and concurred with City Clerk staff that their recommendation would provide reliable service, future growth, is a long -term cost effective, and supportable, solution; now, therefore, be it RESOLVED, That the City Administration Committee recommends that Common Council amend Capital Project #783 — E -mail Replacement Project - by an amount not to exceed $72,000 for a total amended project authorization of $155,000 for the purposes of replacing the City's e -mail and archiving systems, and be it further RESOLVED, That funds necessary for said Capital Project amendment be derived from an advance from the General Fund with a later repayment from the issuance of bonds. City Administration Committee Meeting August 28, 2013 Page 6 A vote on the resolution resulted as follows: Passed unanimously. 4.2 DPW — Lake Street Bridge Rehabilitation Protect Moved by Alderperson Kerslick. Seconded by Alderperson Brock. WHEREAS, a project for the rehabilitation of the Lake Street Bridge Over Fall Creek, P.I.N. 375534 ( "the Project ") is eligible for funding under Title 23 U.S. Code as administered by the Federal Highway Administration (FHWA), as amended, that calls for the apportionment of the costs such program to be borne at the ratio of 80% Federal funds and 20% non - Federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non - Federal share of the costs of Scoping, Preliminary Design, Detailed Design, Right of Way Incidentals ,Construction and Construction Inspection, and WHEREAS, this project constitutes a reconstruction of facility in -kind on the same site as well as maintenance or repair involving no substantial change in an existing facility, and is therefore a Type II action under the National Environmental Policy Act (NEPA) Regulation and in accordance with 6 NYCRR Part 617 requiring no environmental review; now therefore, be it 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 Scoping, Preliminary Design, Detailed Design, Right of Way Incidentals ,Construction and Construction Inspection work for the Project or portions thereof; and be it further RESOLVED, That Common Council hereby establishes Capital Project #791 Lake Street Bridge Rehabilitation in an amount not to exceed $1,464,250, and be it further RESOLVED, That the sum of $1,464,250 is hereby appropriated from Capital Project #791 and made available to cover the cost of participation in the above phases of the project; and it is further RESOLVED, That in the event the full Federal and non - Federal share costs of the project exceeds the amount appropriated above, Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca of the County of Tompkins be and is hereby authorized to sign all necessary Agreements with New York State Department of Transportation to secure Federal Aid and Marchiselli Aid on behalf of the City of Ithaca and the Superintendent of Public Works is authorized to sign all necessary construction documents, contracts, certifications and reimbursement requests, and be it further RESOLVED, That the Superintendent of Public Works be and is hereby authorized to administer the above project, and be it further City Administration Committee Meeting August 28, 2013 Page 7 RESOLVED, That a this project be undertaken with the understanding that the final cost of the project to the city will be roughly no greater than 20% of said portion, currently estimated at $292,850 of the $1,464,250 authorized for this project and in -kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and it is further RESOLVED, That this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Request for Funding for Historic Gravestone Conservation Workshop at Ithaca City Cemetery Moved by Alderperson Brock. Seconded by Alderperson Kerslick. WHEREAS, the City of Ithaca Cemetery is currently maintained by the Parks Department, and WHEREAS, over the years maintenance of the cemetery has diminished from a staff dedicated specifically to maintaining the cemetery to currently providing maintenance of it in the form of mowing five times a year and resetting approximately 5 -10 headstones per year; and WHEREAS, views from the cemetery, the interesting terrain, rich history and diverse tree species composition gives this area a huge amount of potential to be a valued location for residents and visitors to the City, and WHEREAS, in its current state the cemetery appears to be a forgotten backwater of the City, where many residents are not even aware of it at all, and WHEREAS, Historic Ithaca, Inc. and the Friends of the Ithaca City Cemetery will bring stone conservator Jonathan Appell to the Ithaca City cemetery on September 20 -21, 2013 to conduct a one and a half day hands -on workshop on how to assess cemetery conditions, prioritize conservation needs, re -set leaning or fallen stones, rejoin broken tablets, consolidate eroded stone, and clean tables using suitable materials, and WHEREAS, the immediate benefit is that dozens of tablets will be conserved, stabilized and /or cleaned by workshop participants during the event, creating a safer environment, a more enjoyable and respectful park setting, and serve as an impetus for future work, and WHEREAS, the total event cost is $3,500 - $4,000 for the conservator's fee and $500 in other costs, for which Historic Ithaca is seeking financial and other support, and WHEREAS, the Parks Commission met on August 13, 2013 and indicated their support for the workshop, and City Administration Committee Meeting August 28, 2013 Page 8 WHEREAS, financial assistance has been obtained from Cornell University's Department of Landscape Architecture and additional financial support is being sought from other University departments and from private sources, and WHEREAS, to take advantage of this private financial support, $1,500.00 is being requested from the City of Ithaca, in addition to assistance obtaining needed materials (sand /gravel) from the Department of Public Works, and the participation of DPW Crews in the workshop, and WHEREAS, the expert guidance provided at this workshop should put the staff of the Department of Public Works in a better situation to care for and repair current and future issues with monuments and stones in the cemetery, and WHEREAS, the limited time staff have to care for the cemetery will be put to good use, with the knowledge of which areas /monuments have the most immediate need as well as knowledge of how to best repair damaged stones with techniques that will provide lasting repairs, and realize the goal of the workshop which is long -term care for this unique city park and historic cemetery, and WHEREAS, the Board of Public Works met on August 26, 2013 to review, and discuss this request, and WHEREAS, the Board expressed support for the project which will empower and provide the necessary tools to both staff and volunteers from a relatively small financial investment from the City of Ithaca for a long term benefit to the entire city, residents, and visitors, now, therefore, be it RESOLVED, That the Board of Public Works recommends and requests that the City Administration Committee and Common Council authorize the release of an amount not to exceed $1,500.00 from Account A8810 -5435 for the Historic Gravestone Conservation Workshop. A vote on the resolution resulted as follows: Passed unanimously. 4.4 GIAC — Request to Amend Budget for Grant Moved by Alderperson Brock. Seconded by Alderperson Clairborne. WHEREAS, the Greater Ithaca Activities Center (GIAC) received a grant in the amount of $5,986 from the Park Foundation to assist with the computer lab program, and WHEREAS, the grant funds will be used to purchase computers for the GIAC lab; now, therefore be it RESOLVED, That Common Council hereby amends the 2013 authorized budget for GIAC in an amount not to exceed $5,986 for the purposes of accounting for said grant as follows: City Administration Committee Meeting August 28, 2013 Page 9 Increase Revenues: A7311 -2705 Gifts and Donations Increase Appropriations: A7311- 5210- 1100Office Equipment A vote on the resolution resulted as follows: 5. 2014 Budget Process /Updates $5,986 $5,986 Passed unanimously. Controller Thayer reported that he and the Mayor have been meeting with departments about their 2014 budget requests /submittals. The meetings will continue for the next few weeks. The Controller Thayer, then, reported on the following: Health Insurance Rates: The Health Insurance Consortium has received the 2014 rates, which will increase by 8 %, for the health insurance. At the September 2013 meeting, the Health Insurance Consortium will vote on this increase, which was much lower than anticipated. Pension: The City has received official notification from the State that because of the strong market performance the pension rates will decrease for 2014. Property Tax Cap: The 2014 property tax cap will start at 1.66 %. Due to the lack of increase in the pension system, the City will not have an exclusion in the tax cap calculations; which means that the tax cap would be lower. The tax cap being lower means it would be more restrictive for the City. Sales Tax: The sales tax remains under the 2013 budget estimates. Workers' Comp Insurance: The City is now starting to receive the early estimates for the insurances (e.g. liability insurance, workers' comp insurance, property insurance, etc.). 6. Committee Discussion Items. None. 7. Meeting Wrap -up 7.1 Announcements. None. 7.2 Review. Aaenda Items for Next Meetina. None. 7.3 Adjourn City Administration Committee Meeting August 28, 2013 Page 10 With no further business and on a motion by Alderperson Brock, the meeting was adjourned at 9:12 p.m.