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HomeMy WebLinkAboutMN-CA-2014-04-01DRAFT CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. April 16, 2014 PRESENT: Alderperson Mohlenhoff — Chair Alderpersons (4): Clairborne, Fleming, McGonigal, Smith OTHERS PRESENT: Planner — Wilson City Attorney — Lavine Superintendent of Public Works — Thorne Sidewalk Program Manager — Hathaway Traffic Systems Engineer — Logue Chief of Staff - Sutherland Deputy Controller — Andrew CD Representative — Spurgin, LM, LLP 1. Call to Order 1.1 Agenda Review 1.2 Review /Approval of Minutes: Alderperson Smith made a motion to approve the minutes from the March 26, 2014 meeting of the City Administration Committee. Seconded by Alderperson Clairborne. Motion carried unanimously. 1.3 Statements from the Public. None. 1.4 Statements from Employ. None. 1.5 Council Response. None. 2. Standing Sub - Committee and Staff Reports. None. 3. City Administration, Human Resources, and Policy 3.1 Planning = Approval of Artwork for Another 21 Boxes: An Electrical Box Mural Protect Moved by Alderperson Smith. Seconded by Alderperson Clairborne. WHEREAS, the City of Ithaca Public Art Commission (PAC) has been established to, among other duties, review and advise the Common Council on proposals for the exhibition and display of public art in the City's public spaces, and WHEREAS, in 2010, the PAC created a mural and street art program to beautify blank walls within the city while providing local artists from all sections of the community an opportunity to showcase their work, and City Administration Committee Meeting April 16, 2014 Page 2 WHEREAS, the Board of Public Works approved several locations for future murals and street art, including municipal electrical boxes throughout the city, by resolution on May 19, 2010, and WHEREAS, in 2012 the PAC initiated a project to beautify 21 municipal electrical boxes through the creation of murals by selected artists and the project was well- received by the community, and WHEREAS, due to the success of the first project, the PAC has launched a second project, Another 21 Boxes, that will add 21 new murals on municipal electrical boxes throughout the city, and WHEREAS, the project will be funded through a grant from the Community Arts Partnership and will be budget - neutral to the City, and WHEREAS, the PAC issued a Request for Proposals in January 2014 and received 52 submissions for the project, and WHEREAS, the PAC reviewed all of the submissions at its meeting on March 26, 2014 and distributed 21 proposals for public comment, and WHEREAS, after reviewing public comment, the PAC voted to recommend that the Common Council select the artwork submitted by 21 individual artists (as shown in "21 Boxes — Artist Proposals, 2014 ") to be installed on 21 pre- approved electrical boxes throughout the city; now, therefore, be it RESOLVED, That the City of Ithaca Common Council selects the submissions of the following artists for Another 21 Boxes: An Electrical Box Mural Project, as recommended by the Public Art Commission: Zac Alling, David Bloch, Brody Burroughs, Arlo Chapple - Berletic, Marla Coppolino, Pamela Drix, Sara Fort, Jim Garmhausen, Rose Gottlieb, the Junior Youth Group, Alina Kim, Whitney Ledesma, Paldem Choedak Oshoe & Kalsang Lodoe Oshoe, Jennifer Ospina, Kurt Piller, Margaret Reed, Suzanne Schafer Bakert, Poppy Singer, Nate Waterman, Linda Wingerter, and Workroom G; and be it further RESOLVED, That the selected artists may proceed with the installation of their murals on their appointed electrical box upon the execution of an agreement with the City (as reviewed by the City Attorney). A vote on the resolution resulted as follows: Passed unanimously. 3.2 Attorney's Office - Confirmation of the Sidewalk Improvement District Assessments, Budget, Schedule of Work for Fiscal Year 2014 Moved by Alderperson Fleming. Seconded by Alderperson McGonigal. Local Law No. -2014 A local law entitled "Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2014" City Administration Committee Meeting April 16, 2014 Page 3 WHEREAS Section C -73 of the City Charter creates five Sidewalk Improvement Districts (each a "SID ") for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget and schedule of work for Fiscal Year 2014, subject to review, amendment, and confirmation by the Common Council, and WHEREAS the Board of Public Works has recommended a schedule of assessments reflecting the amendments approved by vote of the Common Council on March 5, 2014, and WHEREAS Section C -73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, NOW, THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2014, reflecting the amendments approved by vote of the Common Council on March 5, 2014, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C -73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget and related assessments are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessment Roll, Budizet, and Schedule of Work. The Common Council approves and confirms the assessment roll, budget, and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. To the City Administration Committee Meeting April 16, 2014 Page 4 extent that any assessment for Fiscal Year 2014 has been or is held invalid or illegal by a court of competent jurisdiction due to the lack of a confirmation of the assessment prior to this Local Law, or due to any other irregularity or lack of procedure that is cured by this Local Law, such assessment is hereby confirmed and re- levied as of the effective date of this Local Law. Section 3. 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 portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective, upon filing in the office of the Secretary of State, retroactive to January 1, 2014. A vote on the resolution resulted as follows: Passed unanimously. 3.3 Department of Public Information and Technology - Termination of Sales of NYSDEC Sporting Licenses Moved by Alderperson Clairbome. Seconded by Alderperson Fleming. WHEREAS, the City Clerk's Office has been selling sporting licenses as an agent of the NYSDEC for over twenty -five years, and WHEREAS, in a letter dated April 9, 2013, the New York State Department of Environmental Conservation ( NYSDEC) announced that the Department would discontinue the use of certain equipment used to issue sporting licenses and would be transitioning to a new vendor; and WHEREAS, the NYSDEC also acknowledged that the changes in equipment and technical support may impact the interest and/or ability for agents to continue to sell licenses and has provided an option to opt out of selling them; and WHEREAS, the new software system that the NYSDEC is using for license sales has not worked properly since it was installed; and WHEREAS, the NYSDEC technical staff has not been responsive to requests for assistance to access and use their software, which has resulted in the inability to issue sporting licenses; and WHEREAS, the City Clerk has reviewed the record of sales of sporting licenses, which indicates that in 2013 their office earned $305.88 in commissions from $5,832.93 in license sales; and City Administration Committee Meeting April 16, 2014 Page 5 WHEREAS, there are a number of other local agents available to provide said services to the community, and the City Clerk recommends that the Department of Public Information and Technology discontinue the sale of sporting licenses; now, therefore be it RESOLVED, That the City of Ithaca Common Council supports the City Clerk's recommendation to opt out of the sale of sporting license and authorizes the City Clerk to take appropriate actions to make said notice to the NYSDEC as well as the general public. A vote on the resolution resulted as follows: Passed unanimously. 4. Finance, Budget and Appropriations 4.1 DPW - Reauest Funds for Asbestos Remediation in Citv Hall Moved by Alderperson McGonigal. Seconded by Alderperson Smith. WHEREAS, recent work in the basement of City Hall has uncovered asbestos tile that needs to be removed, and WHEREAS, City Facility staff have obtained three proposals for the asbestos remediation work in the City Hall basement with an estimated project cost of $13,000, which includes a $3,000 allowance for air monitoring and $500 for contingency, and WHEREAS, these funds were not part of the 2014 budget and cannot be transferred from existing Department of Public Works funds, and WHEREAS, the City Controller is recommending the use of Unrestricted Contingency funds as a source of funding for the asbestos remediation project, and WHEREAS, the unrestricted contingency currently has a balance of $121,000; now, therefore be it RESOLVED, That Common Council hereby approves the transfer of funds in an amount not to exceed $13,000 from Account A1990 Unrestricted Contingency to Account A1621 -5489 City Hall Building cost for the purposes of the remediation of asbestos tile from the basement of City Hall. A vote on the resolution resulted as follows: Passed unanimously. 4.2 DPW - Pedestrian Signal Countdown Timer Project Moved by Alderperson Fleming. Seconded by Alderperson Clairborne. Authorization to implement and fund the first instance 100% of the federal aid - eligible costs of a transportation federal -aid project, and appropriating funds therefore. WHEREAS, the City of Ithaca submitted an application for federal funding through the Highway Safety Improvement Program (HSIP) for the purpose of upgrading 16 City of Ithaca -owned traffic signals to City Administration Committee Meeting April 16, 2014 Page 6 incorporate pedestrian countdown timers to improve pedestrian safety, and was subsequently awarded $147,700, and WHEREAS, a project for "Pedestrian Signal Countdown Timers," P.I.N. 375590 (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 90% federal funds and 10% non - federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment for 100% of the non - federal share of the costs for Preliminary Engineering/Design, Detailed Design, Construction, and Construction Inspection, and WHEREAS, in accordance with SEQR and CEQR, the Project is a Type II Action (installation of traffic control devices), which is not subject to further environmental review; now, therefore, be it RESOLVED, That the Common Council hereby approves the above - subject Project, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal share of the cost of Preliminary Engineering/Design, Detailed Design, Construction, and Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That the sum of $147,700 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in this phase of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 801, Pedestrian Signal Countdown Timers, to include the Project costs of $147,700, and be it further RESOLVED, That in the event the full 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 be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and that the Superintendent of Public Works be and is hereby authorized to execute all necessary 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 be it 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 10% of said portion, currently estimated at $14,770 of the $147,700 authorized for this phase 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 April 16, 2014 Page 7 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 be it further RESOLVED, That this Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 4.3 Finance - Approval of 2012 City Single Audit Moved by Alderperson McGonigal. Seconded by Alderperson Clairborne. RESOLVED, That the Independent Auditor's Report for the period January 1, 2012, through December 31, 2012, prepared by the accounting firm of Ciaschi, Dietershagen, Little, Mickelson & Company, LLP, be accepted to comply with all the City's applicable Governmental Accounting Standards Board (GASB) Statement 34 and other related audit and single audit requirements. A vote on the resolution resulted as follows: Passed unanimously. 5. Performance Measures. None. 6. GPA Transition None. 7. 2015 Budget Process — Discussion The Committee confirmed the dates, times and agenda topics for the Common Council meetings on April 23, 2014, May28, 2014 and June 25, 2014; and solidified the dates /times for the 2015 Budget Schedule. 8 Meeting Wrap -up 8.1 Announcements. None. 8.2 Review, Agenda Items for Next Meeting. None 8.3 Adjourn: With no further business and on a motion by Alderperson Fleming, the meeting was adjourned at 7:28 p.m.