Loading...
HomeMy WebLinkAboutMN-CA-2014-07-23CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. July 16, 2014 PRESENT: Alderperson Mohlenhoff — Chair Alderpersons: Brock, Clairborne, Fleming, McGonigal, Smith OTHERS PRESENT: Chief of Staff - Sutherland City Attorney — Lavine Controller - Thayer Deputy Controller — Andrew City Chamberlain - Parsons 1. Call to Order 1.1 Agenda Review: No Changes 1.2 Review /Approval of Minutes: Alderperson McGonigal made a motion to approve the minutes from the June 18, 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 Employees: None. 1.5 Council Response: None. 2. Standing Sub - Committee and Staff Reports. Presentation from Downtown Ithaca Alliance on Pan Handling. Gary Ferguson and John Guttridge were present to address the committee. Mr. Ferguson explained that they looked at the City Code and other cities' policies on pan handling. He indicated that they would like to see the Code better defined along with language consistent from other sections of the Code. Mr. Ferguson told the committee that pan handling is a community issue, not just a downtown issue that needs to be addressed. He added that they have suggestions for the City to consider. One being that there would be a specified distance that pan handlers need to keep from store entrances, bus stops, and ATMs, for example. He expects the distance would prevent pan handlers from intimidating people going into businesses, without violating the rights of the pan handlers. City Attorney Lavine told Mr. Ferguson and Mr. Guttridge that he appreciated all the work they put into their presentation. He advised the committee that regardless of what legislation is considered, First Amendment Rights cannot be infringed upon. He added that he would research the law and past cases concerning restrictions. Alderperson Clairborne noted that he is concerned that there is a fine line between organizations raising money for a cause and aggressive pan handlers. He noted that he didn't want children setting up a lemonade stand breaking the law, but did want to address the issue of aggressive pan handlers. Chair City Administration Committee Meeting July 16, 2014 Page 2 Mohlenhoff suggested that this item be brought back to the committee in a few months after City Attorney Lavine was able to research acceptable language. 3. City Administration, Human Resources, and Policy 3.1 Common Council Rules of Procedure — Discussion Chairperson Mohlenhoff told the committee that the former GPA Committee had started a review of the Rules of Procedure. The Rules of Procedure dictate how Council is governed. There are some pieces that need review & updating, including but not limited to agenda structure, public communications, budget procedures and executive sessions. Alderperson McGonigal had previously volunteered to work on the project with help from other members and staff, including City Clerk Holcomb and City Attorney Lavine. It was agreed that a status update should be provided at the September meeting. 3.2 Consent to Transfer of Control — TWC- Comcast Moved by Alderperson Smith, Seconded by Alderperson Clairborne WHEREAS, Time Warner Cable Northeast LLC ( "Franchisee ") is the duly authorized holder of a franchise, the term of which has expired and is pending renewal, as amended to date (the "Franchise "), authorizing Franchisee to serve the City of Ithaca, NY (the "Franchise Authority ") and to operate and maintain a cable television system therein (the "System "); and WHEREAS, Time Warner Cable Inc. ( "Time Warner Cable ") is the ultimate parent company of Franchisee; and WHEREAS, on February 12, 2014, Time Warner Cable, Comcast Corporation ( "Comcast ") and Tango Acquisition Sub, Inc. ( "Tango'), entered into an Agreement and Plan of Merger (the "Agreement "), pursuant to which Time Warner Cable will merge with Tango, a wholly -owned subsidiary of Comcast, with Time Warner Cable as the surviving company, and Time Warner Cable will thereby become a wholly -owned subsidiary of Comcast (the "Transaction "); and WHEREAS, Franchisee now seeks approval of the Transaction and has filed an FCC Form 394 with the Franchise Authority with respect thereto; and WHEREAS, the Franchise Authority has considered and approves of the Transaction. NOW, THEREFORE, BE IT RESOLVED BY THE FRANCHISE AUTHORITY AS FOLLOWS: 1. The foregoing recitals are approved and incorporated herein by reference. 2. The Franchise Authority consents to the Transaction. 3. The Franchise Authority confirms that the Franchise is expired but remains in force pending negotiation of a renewed Franchise. No certification is made as to defaults under the Franchise, and any defaults that may at this time exist are not waived by this Resolution, and may be raised in further negotiations related to renewal of the Franchise. Subject to compliance with the terms of this City Administration Committee Meeting July 16, 2014 Page 3 Resolution, all action necessary to approve the transfer of control of the Franchisee to Comcast has been duly and validly taken. 4. Comcast or the Franchisee may (a) assign or transfer its assets, including the Franchise, provided that such assignment or transfer is to an entity directly or indirectly controlling, controlled by or under common control with Comcast; (b) restructure debt or change the ownership interests among existing equity participants in Comcast; (c) pledge or grant a security interest to any lender(s) of Comcast's assets, including, but not limited to, the Franchise, or of interest in Comcast, for purposes of securing any indebtedness; and (d) sell equity interests in Comcast or any of Comcast's affiliates. 5. Upon closing of the Transaction, the Franchisee shall remain bound by the lawful terms and conditions of the Franchise. 6. This Resolution shall be deemed effective upon adoption. Discussion followed. City Attorney Lavine explained that passing the resolution shows the City's approval of transferring the franchise agreement from Time Warner Cable to ComCast. He added that he would like the Committee to provide him with a list of violations of the agreement, if any. Discussion followed concerning what constitutes a violation. Wayles Brown, Secretary of the Cable Access Oversight Committee, was present to review the CAOC concerns. City Attorney Lavine thanked Mr. Brown for the input and noted that unfortunately, the concerns were not violations. It was agreed that the resolution should be tabled until all violations were reviewed. Alderperson Smith moved to table the resolution, Seconded by Alderperson Fleming A vote to table the resolution resulted as follows: Carried (5 -0) 3.3 Creation of Stormwater Utility and Establish User Fee Chair Mohlenhoff read the following statement from the Conservation Advisory Council into record: "The City of Ithaca's Conservation Advisory Council has maintained keen interest and has seen many years of engagement regarding the management of stormwater and water quality in the 100 - year flood plain. Each month, at least a dozen times per year, we review site plans that develop tax parcels within this floodplain and we're sensitive to the cumulative impacts this development has and is having on the quality of stormwater runoff into Cayuga lake and particularly into the Cayuga Inlet. We note that Ithaca lies at the bottom of a geologically - formed basin and naturally receives a high quantity of sediment and runoff from the surrounding (higher) environs. And our Committee is encouraged by the idea of a stormwater fee that would be allocated to parcels according to their impact on water quality. City Administration Committee Meeting July 16, 2014 Page 4 We have just begun to assess and evaluate the possibilities for improvement and enhancement to the watershed through the implementation of measures funded by this new revenue stream. Our Conservation Advisory Committee's comments are being formalized still and I can summarize them as follows: Stormwater mitigation measures should be planned and implemented to positively affect water quality on a large (larger than a single tax - parcel) scale. Measures should be effective over a long (multi -year) term. They should be designed and work from the available baseline data, and consider the importance of cumulative impacts in the watershed. • Mitigation measures should be quantifiable and measured over time. We do also request guidance and dialogue with the GPA Committee regarding appropriate next steps in order to provide our CAC Committee's most useful input toward the goal of purposeful mitigation of stormwater and water quality impacts from existing and future development. Thanks for your consideration. Michael Culotta Member, Conservation Advisory Council" Chris Bordlemay, Water and Wastewater Manager from Cornell University was present to address the committee. He explained that Cornell supports the concept of creating a stormwater utility, which many communities are adopting. He proceeded to tell the Committee of the mitigation measures that Cornell has undertaken to improve the quality of runoff, while reducing the peak flow. He added that their efforts benefit the City, despite the small percentage that comes from Cornell. Discussion continued concerning stormwater from Cornell and how it affects the City. Moved by Alderperson Fleming, Seconded by Alderperson Smith Local Law No. -2014 A local law entitled the "City of Ithaca Local Law Authorizing the Creation of a Stormwater Utility and the Establishment of a Stormwater User Fee" WHEREAS the City's underlying geography, including the presence of Cayuga Lake, streams, and inlets, and its location at the base of many hills that send runoff into the City, makes stormwater management both especially important and difficult, and WHEREAS flood control, including issues such as the ice jams of last winter and the Flood Control Channel dredging that the City has been pursuing for years, is a question of stormwater management, and WHEREAS in the 2014 National Climate Assessment, the United States Global Change Research Program stated that the Northeast region of the United States is experiencing increased precipitation as a result of climate change, including "more than a 70% increase in the amount of precipitation falling in very heavy events" over the last fifty years, "a greater recent increase in extreme precipitation than any other region in the United States," and City Administration Committee Meeting July 16, 2014 Page 5 WHEREAS each year, the City spends the better part of a million dollars on stormwater- related expenses, such as construction and maintenance of storm sewers and channeled streams, environmental management, and regulatory compliance, and WHEREAS the City is subject to federal and state stormwater regulations as a small municipal separate stormwater sewer system, and enacted a Local Law in 2007 "to establish minimum stormwater management requirements and controls to protect, maintain, and enhance the health, safety and general welfare of the citizens of the City and its natural environment" as required by such regulations, but did not address program funding in such law; and WHEREAS the funding for the City's stormwater program is derived primarily from taxes, which do not account for the amount of stormwater generated by impervious surfaces located on any given parcel and do not provide any incentive for property owners to reduce the amount of runoff generated by their properties, and WHEREAS the funding for the City's stormwater program is derived primarily from taxes, thus omitting tax - exempt properties from participation in the funding of the stormwater programming and infrastructure needed to handle runoff generated by such properties, and WHEREAS a funding mechanism for the stormwater program that is not derived from real property taxes is necessary for the City to maintain and improve stormwater infrastructure, meet current and future regulatory requirements, and prepare for the expected continuing impacts of climate change, and WHEREAS Municipal Home Rule Law Section 10(1)(ii)(a)(9 -a) authorizes the City to provide for the "fixing, levy, collection and administration of rentals, charges, rates or fees, penalties and rates of interest thereon, liens on local property in connection therewith and charges thereon," now, therefore, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. The Common Council makes the following findings of fact: A. Every parcel of real property that contains impervious surface areas, both public and private, uses and benefits from the maintenance of the stormwater system. B. As recognized in the Department of Environmental Conservation's 2010 Stormwater Management Design Manual, "Rooftops, roads, parking lots, driveways and other impervious surfaces no longer allow rainfall to soak into the ground. Consequently, most rainfall is directly converted into stormwater runoff ... [T]he volume of stormwater runoff increases sharply with impervious cover," including the peak flow rate of runoff from a property. Thus, the presence of impervious surfaces contributes to flash flooding and negatively affects water quality in the City's waterways. Accordingly, a property owner who chooses to construct or maintain an impervious surface is choosing to use the City's stormwater infrastructure to handle the runoff (and any sediment, chemicals, or other pollutants contained in the runoff) from the property. C. Changed incentives are required in order to motivate individual property owners to reduce the rate and volume of runoff from their respective properties and to increase its water quality. Properties with large, impervious surfaces, such as parking lots, are often assessed at a lower value for property tax City Administration Committee Meeting July 16, 2014 Page 6 purposes than smaller properties with a residential building surrounded largely by pervious surfaces, even though the former properties have a much larger effect on the City's stormwater infrastructure. As a result, the costs of stormwater services required to meet the City's regulatory obligations, increase waterway quality, and protect City residents and businesses from flooding are not currently shared by each property in proportion to the demands it places on such services. D. Impervious surfaces that tax - exempt property owners have chosen to construct or maintain on their properties substantially increase the need for, and cost of providing, stormwater services. When such costs are paid out of the City's tax revenues, however, the owners of those properties do not participate in funding the infrastructure and services required by the runoff generated due to their decisions. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(a)(9 -a) the City of Ithaca is authorized to adopt a local law relating to the adoption of user fees. The user fee enacted by this Local Law will be used to pay the costs incurred by the City in offering services and infrastructure to handle runoff caused by a property owner's choice to construct or maintain impervious surfaces on a given property. Further, this dedicated source of funds for stormwater programming is needed for the City to address its aging infrastructure, the increasing number of federal and state regulations regarding the handling of stormwater with which the City must comply, and the increases in overall precipitation and heavy precipitation events that have already occurred, and are anticipated to continue, due to climate change. Section 2. Creation of Stormwater A new Chapter 283 of the City Code, entitled " Stormwater Utility," is created as follows: Section 283 -1. Definitions. The Board of Public Works. CREDIT RATE. The scaling factor that shall be applied in the calculation of Stormwater User Fee credits. For structures or practices that, as determined by the Superintendent, are anticipated to provide: (i) both treatment quality and quantity attenuation, the Credit Rate shall be twenty percent (20 %); (ii) either treatment quality or quantity attenuation, the Credit Rate shall be ten percent (10 %). DEVELOPED LOT. A Lot which has an Impervious Surface Area greater than or equal to twenty -five percent (25 %) of an Equivalent Residential Unit. EQUIVALENT RESIDENTIAL UNIT ( "ERU "). The average amount of Impervious Surface Area on a Residential Property in the City, as determined by the Common Council. City Administration Committee Meeting July 16, 2014 Page 7 IMPERVIOUS SURFACE. Any surface on a Lot that, because of the surface's composition or compacted nature, impedes or prevents natural infiltration of water into the soil, including, but not limited to, roofs, solid decks, driveways, patios, sidewalks (other than public walks located in the City's right -of -way), parking areas, tennis courts, concrete, asphalt, or crusher /run streets or paths, or compacted gravel or dirt surfaces, as determined by the Department of Public Works. IMPERVIOUS SURFACE AREA. As recorded or calculated by the Department of Public Works, the number of square feet of horizontal surface on a Lot covered by an Impervious Surface. LOT Lot or parcel of land, as set forth by the current City of Ithaca Tax Maps on file with the Tompkins County Department of Assessment. NON - RESIDENTIAL LOT. All Developed Lots other than Residential Lots. PROPERTY CLASS CODE. The property type classification code, as defined by the New York State Office of Real Property Services in the Assessors' Manual, assigned to a Lot by the Tompkins County Department of Assessment, as may be updated by that Department from time to time. PROPERTY OWNER or OWNER. The owner of a Lot as shown on the Tompkins County tax records. RESIDENTIAL LOT. A Developed Lot with a Property Class Code of 210, 215, 220, 230, 240, 250, or 270, or substantially identical successor designations. STORMWATER. The runoff from all forms of precipitation that travels over natural or developed surfaces to the nearest stream, other conduit, or impoundment and appears in lakes, rivers, ponds, or other bodies of water. STORMWATER SERVICES. The City program for protection of Stormwater quality and for the partial control and conveyance of Stormwater, including, but not limited to: public education; monitoring, removing, and regulating Stormwater pollutants; other activities described in the City's New York SPDES permit; mapping; planning; regulating, reviewing and inspecting private Stormwater infrastructure; operating, constructing, improving, cleaning, and maintaining the City's Stormwater System; and any and all expenses deemed reasonably necessary to the management of Stormwater within the City in the City Administration Committee Meeting July 16, 2014 Page 8 judgment of the Superintendent of Public Works, as instructed from time to time by the Board of Public Works, including but not limited to the payment of debt principal and debt service, and the establishment of a reserve fund, to pay for these services. STORMWATER SYSTEM The system of natural and constructed conveyances for collecting and transporting stormwater, including but not limited to lakes, ponds, rivers, perennial, intermittent, and/or channeled streams, connected wetlands, open ditches, catch basins and other inlets, pipes, sewers, drains, culverts, and created stormwater management facilities that provide partial treatment by passive means such as wet detention ponds, detention basins, and stormwater wetlands. STORMWATER USER FEE. The fee charged for costs incurred by the City in providing Stormwater Services. SUPERINTENDENT. The Superintendent of Public Works, or his or her designee. TREATMENT EFFICIENCY. As determined by the Superintendent, the calculated effectiveness, expressed as a percentage of total possible effectiveness of an ideal stormwater management practice or structure, of a stormwater management practice or structure designed to remove a desired component through quality treatment, quantity attenuation, or both, as applicable. Section 283 -2. Stormwater User Fees. A. Each Developed Lot in the City shall be subject to a monthly Stormwater User Fee equal to the product of four dollars ($4.00) and the number of ERUs of Impervious Surface Area on the Lot as calculated below, less any credits for the Lot approved by the Superintendent pursuant to Section 283 -3. (1) Every Residential Lot, and each Non - Residential Lot with an Impervious Surface Area less than or equal to one (1) ERU, shall be deemed to have an Impervious Surface Area equal to one (1) ERU. (2) The number of ERUs of Impervious Surface Area on a Non - Residential Lot with an Impervious Surface Area greater than one (1) ERU shall be calculated by dividing the Lot's Impervious Surface Area by the value of one (1) ERU, and rounding the result up to the nearest one - quarter (1/4) of an ERU. B. Equivalent Residential Unit. (1) An Equivalent Residential Unit is equal to two thousand, three hundred (2,300) square feet. (2) At least once every five (5) years, the Superintendent shall report to the Board and Common Council regarding changes in the average Impervious Surface Areas of Residential Lots. City Administration Committee Meeting July 16, 2014 Page 9 C. Measurement of Impervious Surfaces. (1) Any Owner may file an application with the Superintendent contesting the calculation of Impervious Surface Area on the Lot as of the date of the application. The applicant must submit satisfactory evidence as required by the Superintendent, such as square footage measurements and descriptions of the relevant buildings or materials. For applications submitted prior to July 1, 2015, any approved changes in calculations will take effect retroactive to January 1, 2015. For all other applications, any approved changes in calculations will take effect on the first day of the billing period beginning after the application was submitted, even if retroactive as of date of approval; no refunds or credits shall be granted for amounts billed prior to submission of the application. The applicant may appeal the determination of the Superintendent as set forth in Section 283 -5(A). (2) The Superintendent shall endeavor to update the Impervious Surface data in the City's geographic information systems at least once every five (5) years. (3) Upon close -out of any building permit under which the associated documentation or other data indicates that at least one - quarter (1/4) of an ERU of Impervious Surface has been constructed upon a Lot, the Director of Planning and Development or authorized code enforcement personnel shall provide to the Superintendent notice of the number of square feet of Impervious Surface added, in net, to the Lot, as indicated on documentation associated with said permit, together with the applicable tax lot number. The Superintendent shall thereafter update the data in the City's geographic information systems to reflect the adjusted Impervious Surface Area on the Lot. Section 283 -3. Stormwater User Fee Credits. A. The Stormwater User Fee for a Non - Residential Lot shall be reduced as provided herein if the Superintendent certifies that the Lot is eligible for one or more credits in accord with this section. B. Calculation of Credits. The credit for a practice or structure shall be the product of. the Lot's Stormwater User Fee, the percentage of the total Impervious Surface Area on a Lot mitigated by the practice or structure, the practice or structure's Credit Rate, and the practice or structure's Treatment Efficiency. C. Eligible Practices. Credits are available for those Stormwater management practices or structures enumerated in a detailed list entitled "Approved Stormwater User Fee Credits ", maintained by the Superintendent, established by resolution of the Board, and updated from time to time by additional resolution of the Board on consultation with the Superintendent. Such updates shall only be effective in conjunction with this Chapter if, at least 14 days before the Board finally votes on any such update, the Superintendent provides to the Board and to the City Controller an estimate of the probable annualized budget impact of such updates upon the stormwater account maintained by the City Controller. D. Review Criteria. An engineered structure or practice that provides quality treatment and /or quantity attenuation shall be considered by the Superintendent using the criteria set forth herein. (1) The proposal must demonstrate that the practice will provide a quantifiable treatment and/or runoff control benefit to the site through engineered design principles. (2) The watershed subcatchment leading to the practice must be clearly defined including the area, amount of impervious cover, flowpath, and existing and proposed land use. City Administration Committee Meeting July 16, 2014 Page 10 (3) The credit for a structure will be prorated based on that structure's Treatment Efficiency. For example, the credit for an otherwise - qualifying structure that is designed for ten percent (10 %) water quality volume treatment efficiency will be reduced by ninety percent (90 %), as compared with a structure designed for 100% efficiency. (4) Designs must follow the New York State Department of Environmental Conservation's Stormwater Management Design Manual guidelines, as amended or replaced by substantially identical guidelines. (5) The Owner must assume all responsibility for practice operation and maintenance. Failure to maintain the structure shall result in cancellation of the credit pursuant to Section 283 -3(E). E. Administration of Credits. (1) In order to obtain a credit, an Owner must apply in a form satisfactory to the Superintendent. (2) If an application is approved by the Superintendent, the resulting reduction in the Stormwater User Fee shall take effect with the beginning of the next billing period that begins at least thirty (30) days after the application was approved. The Superintendent shall have the discretion to make the credit retroactive to the next billing period beginning after the application was submitted if the interests of justice so require. Unless otherwise specified, an approved credit shall continue to be applied on each future bill so long as the Lot continues to be eligible for the credit; provided, however, that the Superintendent shall cancel any credit for failure to provide the City with access to inspect and confirm the Lot's continuing eligibility for a particular recurring credit. (3) The applicant may appeal the Superintendent's denial of an application or cancellation of a previously- approved credit as set forth in Section 283 -5(A). Section 283 -4. Stormwater Account and Billing. A. The City Controller shall create and maintain a dedicated stormwater account separate from all other City accounts or funds. All Stormwater User Fees, and any penalties or interest on such user fees, shall be deposited into that account, and shall be used by the City solely to provide Stormwater Services. B. Billing. (1) The City Chamberlain shall issue bills for Stormwater User Fees on a quarterly basis, or another regular, periodic basis, not less regularly than annually. The Stormwater User Fees may be billed on a combined utility bill that contains other charges, including for water and/or sewer service. Stormwater User Fees that are shown on a combined bill may be for a different service period than that used for other utility services. (2) Bill Recipient. (a) Single Water and/or Sewer Account. For a Lot associated with only one (1) water and/or sewer account, the City will bill the Stormwater User Fee to the individual or entity receiving the utility bill for such account. The Owner may elect to receive the bill or redirect the bill to a third -party, with the third - parry's consent, by executing and submitting a form provided by the City Chamberlain. City Administration Committee Meeting July 16, 2014 Page 11 (b) All Other Lots. For all other Lots, the City will bill the Stormwater User Fee to the Owner on a separate utility bill. The Owner may elect to redirect the bill to a third - party, with the third - parry's consent, by executing and submitting a form provided by the City. (c) In all cases, the Owner is finally responsible for any unpaid Stormwater User Fees, including penalties and /or interest. (3) If a Lot is incorrectly billed, or not billed, or a bill is sent to the wrong parry, the City may backbill a property for a period not to exceed two (2) years. (4) The Superintendent, the City Controller, and the City Chamberlain are authorized to develop billing forms, guidelines, and practices not inconsistent with this Section. C. Effect of Nonpayment. (1) No Certificate of Occupancy or Certificate of Compliance shall be issued by the Director of Planning and Development or authorized code enforcement personnel for any building or structure located on a Lot if the Stormwater User Fee for such portion of the Lot is in arrears. (2) The Stormwater User Fee shall be payable without penalty for thirty (30) days following the billing date. On all amounts unpaid at the expiration of such period, five percent (5 %) of the amounts unpaid shall be added and collected. On all amounts remaining unpaid after thirty days following the expiration of such period, and after each period of thirty days or portion thereof thereafter, one percent (1 %) of the amounts unpaid shall be added and collected, up through and including October of each year. (3) Any uncontested portion of the Stormwater User Fee, with any added penalty or interest, remaining unpaid on or before November 1 of any year shall be listed as a separate item on the subsequent year's City property tax bill. Fees which have been contested in a timely manner and which have been determined by the Board to be due and payable before November 1 of any year shall be similarly listed. D. The Board shall prescribe, in its discretion, a schedule of application and/or inspection fees to be charged in connection with this Chapter. Such fees shall be deposited in the stormwater account. Section 283 -5. Appeals and Reissuance of Fees. A. Any applicant aggrieved by the Superintendent's determination pursuant to Sections 283- 2(C)(1) or 283 -3(E) may appeal such decision to the Board at an open meeting thereafter. Such appeal must be in writing and explain why the Superintendent's decision should be reversed. The applicant may present evidence to the Board at the open meeting at which the appeal is considered, but such evidence must be limited to the matters stated in the written appeal. B. Whenever any Stormwater User Fee charged under the provisions of this Section shall be set aside or shall be decided by any court having jurisdiction thereof to have been improperly or illegally charged or whenever it shall be ascertained that the proceedings under which said fee has been issued shall have been so far irregular and erroneous as to make the collection of such fee illegal, then the City Chamberlain is authorized to issue a new fee with the same force and effect as if it had been the original fee. City Administration Committee Meeting July 16, 2014 Page 12 Section 283 -6. Retention of Existing Powers. Nothing herein shall be construed to modify or alter any power of the Common Council, Board of Public Works, Superintendent of Public Works, Planning and Development Board, or Director of Code Enforcement to require the construction, maintenance, or repair of privately- maintained stormwater infrastructure at the cost of the Property Owner as part of site plan review or other applicable regulation. 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 take effect January 1, 2015, provided it is first filed in the office of the Secretary of State, or upon filing in the office of the Secretary of State thereafter. City Attorney Lavine explained that the proposed Local Law creates a utility that allows the City to bill for stormwater management rather than paying for it out of the General Fund. The legislation allows for a credit for property owners who take steps to mitigate stormwater. If a property owner mitigates for both quality and quantity of generated stormewater, they will receive a 20% credit on the fee. If they take measures to treat either the quality or the quantity of stormwater, they will receive a 10% credit. Alderperson McGonigal suggested raising the percentage of the credit in order to provide an incentive for owners to make improvements. Discussion followed concerning the rate and how it will reflect on the revenue and maintenance costs of the City's system. Alderperson McGonigal moved to amend the Local Law to allow for a 50% and 25% credit rather than 20% and 10 %. Seconded by Alderperson Clairborne A vote on the amendment resulted as follows: Ayes: (2) Alderpersons Clairborne, McGonigal Nayes: (3) Alderpersons Fleming, Mohlenhoff, Smith Failed (2 -3) Discussion followed concerning the benefits of the Local Law. City Attorney Lavine explained that having a stormwater utility will also allow for long term planning throughout the City. Alderperson Clairborne stated that he believed he didn't have enough information from staff to approve the Local Law. Chamberlain Parsons addressed the Committee concerning funding for additional work that her office would incur with the implementation of the utility. She asked that the Committee approve an amount not to exceed $10,000 for staffing and mailing. Alderperson Brock commented that she is concerned that property owners receiving the utility bill will expect greater services. She added that she would like to see more information on how the new utility would impact the budget. City Attorney Lavine pointed out that by creating the utility, it would be self funded avoiding the use of General Fund. Alderperson Clairborne questioned whether federal and state requirements are being considered. City Administration Committee Meeting July 16, 2014 Page 13 City Attorney Lavine proposed an amendment to the fifth WHEREAS as follows: WHEREAS the City is subject to federal and state stormwater regulations as a small municipal separate stormwater sewer system, and enacted a Local Law in 2007 "to establish minimum stormwater management requirements and controls to protect, maintain, and enhance the health, safety and general welfare of the citizens of the City and its natural environment" as required by such regulations, constituting an unfunded mandate, but did not address program funding in such law; and A motion to amend the resolution was moved by Alderperson Clairborne, Seconded by Alderperson Fleming. A vote to amend the resolution resulted as follows: Carried (5 -0) A vote on the Local Law as amended resulted as follows: Carried (5 -0) 4. Finance, Budget and Appropriations 4.1 IPD — Request to Amend 2014 Police Department Authorized Budget for Tactical Grant Moved by Alderperson Clairborne, Seconded by Alderperson Smith WHEREAS the Ithaca Police Department received a federal grant with pass through to the NYS Division of Homeland Security and Emergency Services in the amount of $100,000 for the purpose of providing Tactical and SWAT training and equipment, and WHEREAS, the $100,000 grant will include the following: Tactical Training, Tactical Robot, Thermal Imaging, Chemical Suits, Self - Contained Breathing Apparatus and a Thermal Breaching Unit; now, therefore be it RESOLVED, That Common Council hereby accepts the Tactical Swat Grant from the NYS Division of Homeland Security in the amount of $100,000 and amends the 2014 Ithaca Police Department authorized budget as follows: Increase Revenue Account: A3120- 4389 -5022 Federal Aid SWAT Increase Appropriation Accounts: A3120 -5125 -5022 OT SWAT A3120 -5225 -5022 Other Equipment SWAT A vote on the resolution resulted as follows: $100,000 $20,500 $79,500 $100,000 Carried (5 -0) City Administration Committee Meeting July 16, 2014 Page 14 4.2 DPW - Request Funding for or Engineering Services Agreement for Amendment No. 1 for Design of Bar Screen and Biosolids Dewatering Equipment and other miscellaneous improvements to the Influent Building Moved by Alderperson McGonigal, Seconded by Alderperson Fleming WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) is in need of certain Capital Improvements, and WHEREAS, GHD Engineers completed an Engineering Report entitled "Ithaca Area WWTF Influent Building and Dewatering System Improvements Study" as the final project funded by Capital Project 416J, and WHEREAS, in order for the staff to maintain its goals as embodied in its five year capital plan, this agreement provides engineering services for the next set of proposed capital improvements, and WHEREAS, the authorization for an amount not to exceed $274,000 for GHD to design the improvements to the Influent Building, including replacement of the bar screen equipment and the addition of a new biosolids dewatering system as identified in the aforementioned engineering study, and WHEREAS, the Special Joint Committee (SJC) approved said professional services contract with GHD at its meeting of October 9, 2013, contingent on fund availability and attorney approval of the agreement, and WHEREAS, the funding supplied by this resolution will be placed in accounts for Capital Project 419J, and WHEREAS, GHD has submitted a proposal entitled Amendment No. 1 for services to complete the design including additional design work associated with HVAC in the influent building, provide bid review services and provide construction services totaling $137,500; now, therefore be it RESOLVED, That the Common Council hereby amends Capital Project 419J by an amount not to exceed $137,500 for a total Project Authorization of $411,500 to fund the proposed agreement with GHD Engineers, and be it further RESOLVED, That funds necessary for said amendment shall be derived from either the issuance of Bonds or from Capital Reserve J -1 as determined by the City Controller, and be it further RESOLVED, That Common Council hereby recommends this project contingent upon action by all wastewater partners committing their percentage of reimbursement shares to the Joint Activity Fund allocated per the Joint Sewer Agreement as follows: City Administration Committee Meeting July 16, 2014 Page 15 Municipality City of Ithaca Town of Ithaca Town of Dryden Percentage Project Cost 57.14 $78,567.50 40.88 56,210.00 1.98 2.722.50 $ 137,500.00 A vote on the resolution resulted as follows: Carried (5 -0) 4.3 DPW — Request to Amend the 2014 DPW Budget for NYSEG Court Street Project Work Moved by Alderperson Fleming, Seconded by Alderperson Smith WHEREAS, New York State Electric and Gas ( NYSEG) has reimbursed the City for street work on North Plain, Esty, and Court Streets and in the amount of $186,440, and WHEREAS, we need to account for this reimbursement by amending the 2014 DPW Budget for Maintenance of Roads, and WHEREAS, the project included street, sidewalk, curb and tree lawn improvements on North Plain, Esty, and Court Streets; now, therefore, be it RESOLVED, That Common Council hereby amends the 2014 DPW Authorized Budget for the purposes of accounting for the NYSEG reimbursement of $186,440 for work on North Plain, Esty, and Court Streets as follows: Increase Revenue Account: A5111 -1710 Maintenance $186,440 Increase Appropriation Accounts: A5111 -5483 Maintenance of Roads Construction Services $167,140 A7111 -5485 Parks & Forestry Trees 19,300 A vote on the resolution resulted as follows: Carried (5 -0) Alderperson Clairborne asked that staff be made available for future meetings because he felt that there were many unanswered questions during this meeting. Had staff been available, the Committee would have been better informed on making decisions. Chair Mohlenhoff indicated that the Committee is always welcome to ask staff questions prior to the meetings, but that staff could be invited to participate as needed. Alderperson McGonigal agreed that it would have been helpful had staff been present for the discussion concerning stormwater. Alderperson Mohlenhoff added that the revised Rules of Procedures could include language to require back up information for all resolutions and thereby not needing staff's available for the meetings. City Administration Committee Meeting July 16, 2014 Page 16 5. Performance Measures: Chief of Staff Sutherland reported that he and Intern Alvaro Calado, will be presenting performance measures at the next CA meeting from a couple departments. 6. GPA Transition: None. 7. 2015 Budget: None. 8 Meeting Wrap -up: 8.1 Announcements. Chair Mohlenhoff reminded the Committee of the upcoming COW meeting and that the police and fire departments would be allocated 90 minutes each to discuss their budgets. 8.2 Review Agenda Items for Next Meeting. None. 8.3 Adjourn: With no further business and on a motion by Alderperson Smith, Seconded by Alderperson Clairborne, the meeting was adjourned at 9:25 p.m.