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HomeMy WebLinkAboutMN-CC-2014-01-08COMMON COUNCIL PROCEEDINGS CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. January 8, 2014 PRESENT: Acting Mayor Mohlenhoff Alderpersons (9) Brock, McGonigal, Murtagh, Clairborne, McCollister, Fleming, Smith, Kerslick, Martell EXCUSED: Mayor Myrick OTHERS PRESENT: City Attorney – Lavine City Controller – Thayer Building, Planning & Economic Development Director – Cornish Community Development Director – Bohn Supt. of Public Works - Thorne Human Resources Director – Michell-Nunn Information Management Specialist - Myers 1. PLEDGE OF ALLEGIANCE: Acting Mayor Mohlenhoff led all present in the Pledge of Allegiance to the American Flag. 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: Planning & Economic Development Committee: Alderperson Murtagh requested that item 9.1 entitled “An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325, Entitled “Zoning,” in order to rezone properties located in the R-U zoning district to R-3a and R-3aa zoning districts” be pulled from the agenda so that it can go back to committee for further review and possible revisions. The scheduled public hearing on the agenda will be held as advertised this evening. No Council Member objected. New Business: Acting Mayor Mohlenhoff provided a brief update on the recent flooding as a result of ice jams in Cascadilla Creek in the Northside of the City. She explained that the Mayor declared a State of Emergency for that area in order to put in place the means by which additional resources might obtained to assist the City in responding to this situation. She stated that the City would be using treated effluent water from the waste water treatment plant which has a temperature of about fifty degrees to help melt some of the ice from affected streets. Then crews can go in, break up the ice, and plow it off the streets. At this point, all streets that had been closed are now re-opened, which is good news. She further noted that City Staff and officials are scheduled to have a conference call with the National Weather Service on Friday, January 10th in anticipation of warm temperatures and rain forecasted for the upcoming weekend, which might have significant impacts on the City in terms of additional flooding in other areas of the City. She further explained that all creeks in the city are being monitored as well since they contain ice build up and may cause additional problems should we experience the weather forecasted. She recognized and expressed her sincere thanks and appreciation to the city crews who have been working diligently to help residents with flooding and ice issues in extremely cold (-25 to -30 degrees Fahrenheit) temperatures this week. They include members of the Department of Public Works, the Ithaca Fire Department, the Ithaca Police Department, and the volunteer fire/police members. They have done an extraordinary job working around the clock to clear and remove ice from the creek, roadways, water from flooded basements, and assisting residents in anyway they can. Common Council Meeting Minutes January 8, 2014 2 She reported that the City would provide updates through its website on the situation and encouraged everyone to monitor that and share the information with everyone. She also encouraged everyone to make sure they are prepared for future weather impacts by making sure they have sump pumps and that they are operational. She also asked everyone to support and assist their neighbors, where possible. Acting Mayor Mohlenhoff announced that Mayor Myrick would give his “State of the City” address at the February 5, 2014 Common Council meeting. 3. PROCLAMATIONS/AWARDS: Acting Mayor Mohlenhoff read a proclamation declaring January 25, 2014 as “Blue Grass/Traditional Music Day” in the City of Ithaca. Rick Manning accepted the proclamation and encouraged everyone to attend the Winter Village/Blue Grass Festival event scheduled for January 25, 2014 at the State Theatre. He stated that the long- term vision of the event would be to grow it so that it might provide a boost to the City’s tourism and economy during the slower winter months, when business is most needed for restaurants and hotels. 4. SPECIAL ORDER OF BUSINESS: 4.1 A Public Hearing to Consider the Proposal to Re-zone Properties in the R-U Zoning District to R3aa and R3a Resolution to Open Public Hearing: By Alderperson Murtagh: Seconded by Alderperson McCollister RESOLVED, That the public hearing to Consider the Proposal to Re-zone Properties in the R-U Zoning District to R3aa and R3a. be declared open. Carried Unanimously The following people addressed Council to express their support for the proposed rezoning of RU properties to R-3a or R-3aa. They also expressed their concern and opposition to the proposal to remove the minimum parking requirements in the same area of the proposed zoning changes. They were all pleased to know that the proposal would be going back to committee for further review and discussion, and encouraged the City to make sure that the affected neighbors are able to provide input as they move forward with the proposal. Ann Sullivan, City of Ithaca John Schroeder, City of Ithaca Bill Demo, City of Ithaca GP Zurenda, City of Ithaca Resolution to Close Public Hearing: By Alderperson Murtagh: Seconded by Alderperson Smith RESOLVED, That the public hearing to Consider the Proposal to Re-zone Properties in the R-U Zoning District to R3aa and R3a. be declared closed. Carried Unanimously 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: There were no special presentations before Council. 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: Joel Harlan, Town of Newfield, addressed Council to voice support for Downtown Ithaca Alliance’s efforts to revitalize downtown Ithaca, to express concerns over nuclear weapons being developed in foreign countries, and concern about the security of our nation. 7. PRIVILEGE OF THE FLOOR: Alderperson McCollister thanked the speakers for their comments about the proposed rezoning. She shared information from Berkeley, California about how they proceeded with implementation of a payment in lieu of taxes program for particular zoning changes they undertook. Alderperson Murtagh thanked the speakers for their comments. He stated that an important point he heard from comments made was that there was a lot of support for the re-zoning. The main point of opposition was the proposal to eliminate minimum Common Council Meeting Minutes January 8, 2014 3 parking requirements. It is a topic that has garnered a lot of debate in the City of Ithaca. That is important to recognize, at least for broader goal of changing zoning, was that everyone agrees that something needs to be done, and he hopes that a compromise can be found. Alderperson Brock expressed her appreciation for the chance to explore this proposal deeper when it returns to the Planning and Economic Development committee next week. She expressed concern about the elimination of the RU zone which protects larger properties and allows for denser development. Alderperson Kerslick thanked the speakers for their comments. He explained that there is a working group coming forward with some ideas for the Collegetown zoning plan, and noted that it is important to remember that there isn't one solution that will fit and work for the entire City. Each neighborhood needs to be treated on its own merits. He noted that the current situation needs to be addressed to allow for more housing in the City of Ithaca. People want to live in the city, but can't find what they're looking for because there are so many different levels of housing needs for residents. Alderperson Clairborne wished everyone Happy New Year, and thanked everyone for their comments. He noted that Common Council needs to keep in mind that the effects of any plan would not just affect the Collegetown area, but other areas of the City as well. He noted that a lot of the parking pressures in Collegetown are going to be experienced downtown as a result of all the new development taking place. He also understands the need for residents to provide input on any planned zoning changes, especially those that will affect their neighborhoods. He expressed his thanks and appreciation for the emergency and DPW workers in responding to the ice jams and flooding issues on the Northside of the City, and all the related impacts. He reported that Neighborhood Pride grocery store closed on December 31, 2013; he was very sad to see that happen since the property owners put everything they had financially into it. He further announced that the 29th Annual Martin Luther King, Jr. luncheon would be held on January 16, 2014 at noon at Southside Community Center. In addition, the annual Martin Luther King breakfast will be held on January 18, 2014 at Beverly J. Martin School gym. 8. CONSENT ITEMS: Item 8.3 entitled “Human Resources - Request to Amend Various Departmental Rosters Resolution” was pulled from the consent agenda, due to a typo, and placed under City Administration Items as item 11.2, with the rest of the CA items renumbered accordingly. 8.1 Downtown Chili-Cook Off Alcohol Approval - Resolution: By Alderperson McCollister: Seconded by Alderperson Kerslick RESOLVED, That the Downtown Ithaca Alliance shall be authorized to arrange for the sale and sampling of New York State bottled wine, hard cider, and beer at booths during the Great Downtown Ithaca Chili Cook-Off on February 15, 2014 on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries and breweries shall comply with all applicable state and local laws and ordinances, and shall enter into an agreement providing that it will hold the City harmless and indemnify the City on account of any claims made as the result of the sampling and sale of bottled wine, hard cider, and beer on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery, cider company or brewery shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $500,000.00, and shall provide evidence of such insurance to the City Clerk. Carried Unanimously Consent Items Continued - City Administration Committee: 8.2 Youth Bureau – Amendment to Authorized Roster for Creation of Recreation Program Assistant - Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick WHEREAS, as part of the Authorized 2014 City of Ithaca Budget, the position of Recreation Program Assistant at the Youth Bureau was established, and Common Council Meeting Minutes January 8, 2014 4 WHEREAS, no additional funding is needed for any of these requests in the approved 2014 budget; now, therefore, be it RESOLVED, That Common Council hereby amends the 2014 Authorized Roster as follows: Add: One (1) Recreation Program Assistant – 20 Hours per work week Decrease: One (1) Recreation Program Specialist from 35 to 20 hours per work week Increase: One (1) Recreation Program Coordinator from 20 to 35 hours per work week , and be it further RESOLVED, That the position of Recreation Program Assistant shall be assigned to the CSEA Administrative Unit at Salary Grade 5, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at seven (7) hours per day (thirty-five (35) hours per week). Carried Unanimously 8.3 City Attorney – Policy to Allow the City Chamberlain’s Office to Refund Less Than $500 for Errors in Sidewalk Assessments - Resolution By Alderperson McCollister: Seconded by Alderperson Kerslick WHEREAS, Local Law No. 4-2013 assesses each property in the City located in one of five Sidewalk Improvement Districts (each an “SID”) for the benefit received by the property from sidewalk construction and repair occurring in the district; and WHEREAS, the data on which the assessments are based is possessed and maintained by the Tompkins County Department of Assessment; and WHEREAS, the sidewalk assessment fees will be included as a separate line item on the tax bills mailed by the City; and WHEREAS, due to incorrect data or other clerical error, from time to time an incorrect assessment may be entered with respect to a parcel; and WHEREAS, Section 556 of the Real Property Tax Law authorizes a governing body to delegate the payment of benefit assessment refunds due to these errors; and WHEREAS, the Tompkins County Director of Assessment has requested that the City designate the City Chamberlain as the official to whom such delegation is made; and WHEREAS, it is the opinion of the Common Council that the delegation to the City Chamberlain would be more efficient in processing said refunds and therefore beneficial to the public; now therefore be it RESOLVED, That the City Chamberlain shall review and discuss refund recommendations with the Tompkins County Director of Assessment; and be it further RESOLVED, That the City Chamberlain is hereby authorized to make payments of any refunds of less than $500 as if the Common Council had performed an audit in compliance with Paragraphs 1-7 of Section 566 of the Real Property Tax Law; and be it further RESOLVED, That any refund of $500 or more must be approved by the Common Council pursuant to Paragraph 8(b) of Section 556 of the Real Property Tax Law; and be it further Common Council Meeting Minutes January 8, 2014 5 RESOLVED, That the City Chamberlain shall transmit on or before the 15th day of each month a report to the City Administration Committee and further to Common Council of all the refunds processed during the previous month; and be it further RESOLVED, That this resolution shall only be in effect during the calendar year 2014. Carried Unanimously 9. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 9.1 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 325 Entitled "Zoning" in order to rezone properties located in the R-U zoning district to R-3a and R-3aa zoning districts A. Declaration of Lead Agency - Resolution B. Determination of Environmental Significance - Resolution C. Adoption of Ordinance The items above were pulled from the agenda and will be deferred back to the January 15, 2014 Planning and Economic Development Committee for further review and discussion. 10. GOVERNMENT PERFORMANCE, AND ACCOUNTABILITY COMMITTEE: 10. End of Year Report for 2013 Acting Mayor Mohlenhoff/Chair of the GPA explained that she had a brief discussion with Mayor Myrick regarding how to proceed in 2014 with the items that the GPA committee had been working on, since the GPA Committee will not continue into 2014. They both felt that former GPA members should review what items might be folded into the City Administration Committee going forward. The following items were identified: A. Public Information/Communication B. Board/Committee Analysis – maybe created a sub-group with both members of Planning and Economic Development/City Administration committees C. Taxi cab legislation Alderperson Clairborne asked whether he, as a member of the Tompkins County Council of Governments, should bring this up at their next meeting since the GPA had discussed a more regional approach to this topic. Alderperson McCollister thought that would be a good idea, but requested that City Clerk Holcomb be consulted as she was going to set up a meeting with local representatives to discuss the taxi cab legislation. Alderperson Clairborne questioned whether there would training/orientation provided for the new council members. He noted that this did not occur in 2013, and that orientation is very important to all council members - especially moving forward with strategic planning. Acting Mayor Mohlenhoff responded that the Clerk's Office will be spearheading that program, and that City Clerk Holcomb is working to set up monthly training sessions at City Hall, which she could also make available online. Alderperson Kerslick stated that he has received several communications regarding the sidewalk improvement district outreach efforts, and thought it would be better to have some coordination of those communications. He likes the idea of more accessible meetings taking place in the various neighborhoods rather than at City Hall. City Attorney Lavine noted that the above points are well taken, and he fully agrees with them. He stated that in future years, the city will have a new sidewalk program manager to coordinate them directly; this year that is still in process. He hopes to schedule a meeting with staff from all the offices involved in the new sidewalk program in anyway to discuss these issues. He stated that if any Council members are interested in attending that meeting to feel free to let him know. Common Council Meeting Minutes January 8, 2014 6 11. CITY ADMINISTRATION: 11.1 Human Resources - Request to Amend Various Departmental Rosters - Resolution By Alderperson Kerslick: Seconded by Alderperson McCollister WHEREAS, as part of the authorized 2014 City of Ithaca Budget various positions were added or deleted; now therefore, be it RESOLVED, That the 2014 Authorized Personnel Roster be hereby amended, effective January 1, 2014, as follows: Delete: One (1) Office Manager (Building Department) One (1) Director of Information Technology (IT) Alderperson Clairborne stated that he does not support this type of action occurring as part of the city’s budget process. He will not vote in support of it. City Attorney Lavine explained that this resolution executes roster adjustments into alignment with the city’s budget which has already been approved by Common Council. Common Council made the decision on this when they approved the 2014 budget. A Vote on the Resolution Resulted as Follows: Ayes (8) McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick, Martell Nays (2) Brock, Clairborne Abstentions (0) Carried (8-0) 11.2 Human Resources - Request to Amend Various Departmental Rosters - Resolution By Alderperson Kerslick: Seconded by Alderperson Fleming WHEREAS, as part of the authorized 2014 City of Ithaca Budget, several employee work week schedules were adjusted; now therefore, be it RESOLVED, That Common Council hereby amends the 2014 Authorized Roster, effective January 1, 2014, as follows: Increase in Hours: Office Assistant (Planning, Building & Economic Dev.) to a 40 hour work week Decrease in Hours: Administrative Coordinator (GIAC) from 35 to 17 hour work week Youth Program Leader (Youth Bureau) from 22 to 17.5 hours work week Carried Unanimously 11.3 Department of Planning, Building and Development - Amendment to Personnel Roster - Resolution By Alderperson Kerslick: Seconded by Alderperson McCollister WHEREAS, the Building Department was incorporated into the Department of Planning and Development on January 1, 2013, thereby creating the Department of Planning, Building and Development, and WHEREAS, the merger of the two departments resulted in staffing changes at the managerial level, and WHEREAS, the Civil Service Commission classified the position of Director of Code Enforcement and adopted the job description for the position at their December 11, 2013, meeting; now, therefore be it RESOLVED, That the Personnel Roster of the Department of Planning, Building and Development shall be amended as follows: Add: One (1) Director of Code Enforcement (40 hours) Common Council Meeting Minutes January 8, 2014 7 Delete: One (1) Deputy Building Commissioner (40 hours) , and be it further RESOLVED, That the position of Director of Code Enforcement shall be assigned to the Managerial Compensation Plan at Salary Grade 4, and be it further RESOLVED, That for the sole purpose of determining days worked reportable to the New York State and Local Employees’ Retirement System, the standard workday for this position shall be established at eight (8) hours per day (forty (40) hours per week). Alderperson Brock made the following statement for the record regarding this resolution: I wanted to share some questions I have in regards to the proposed Job Description of the Director of Code Enforcement that we will be voting on tonight. Zoning, land use, ILPC, site plan and exterior property maintenance  In contrast to the position of Building Commissioner, the job description for the Director of Code Enforcement (DCE) appears to be silent in regards to enforcement of zoning, land use regulations, and exterior property maintenance. I noticed that the new description and activities of the DCE are limited to state and municipal building, housing and life safety codes applicable to construction, renovation and occupancy.  While the description describes "Investigates complaints and assists in preparation of materials for abating violations of building codes, housing codes and the sign ordinance;" it does not include investigations into complaints of violations for exterior property maintenance, zoning regulations, site plan review conditions or landmarks preservation requirements.  How are these duties going to be distributed, if they are no longer under the purview of the DCE? Will both the DCE and Director of Zoning Administration be working together to approve applications and investigate complaints in regards to land use, zoning, ILPC, site plan review or exterior property maintenance?  Am I correct in presuming that the previously identified power of enforcement which was granted to the Building Commissioner is now only exercised by the DCE as directed by the Director of Planning and Development? Management  I noticed that the Director of Code Enforcement does not have supervisory responsibilities for Building Division clerical and front office staff. Currently these positions are supervised by the acting Building Commissioner. It seems beneficial and operationally ideal to maintain the current managerial structure, and keep support staff under the oversight of the Director of Code Enforcement. Who will be supervising the front office staff if not the DCE? City Attorney Lavine responded that this particular resolution tonight is a direct result of the approval of the November 5, 2013 referendum that eliminated the position of Building Commissioner. This resolution could not come before Council for approval until that referendum item was approved by the voters of the City of Ithaca. In the meanwhile the Director of Zoning position was fully flushed out at the beginning of 2013. In addition, the Director of Planning, Building and Economic Development’s job description is not slated to be rewritten. Further, he fails to see how powers of the Building Commissioner have not been transferred to appropriate positions. Both individuals spent time working on the local law and resolutions to create the positions. That local law and ordinance went through each and every power of the Building Commissioner and all have been transferred to either the Director of Zoning, Director of Code Enforcement or the Director of Planning, Building and Economic Development. He referred everyone to the June 2013 Council Agenda pages 8 and 11 for specifics. All powers have absolutely been transferred and assigned - whether or not they made it to the job description, it is possible that may not be all inclusive. He conveyed this same point at the City Administration Committee meeting. He also stated that while the Mayor respects the compensation setting procedures being long standing in government, as far as the positions coming out of this restructuring, he is concerned about the compensation and will be asking Common Council to consider a different compensation at a future City Administration Committee meeting for both the Director of Code Enforcement and the Director of Planning, Building and Economic Development. Common Council Meeting Minutes January 8, 2014 8 Alderperson Brock responded that she agrees that the powers noted above were transferred in the city code, but not in the job description. She also appreciates the desire to change the compensation for the positions. Director of Planning, Building and Economic Development Cornish reported that after the December 16, 2013 City Administration Committee meeting, where Alderperson Brock raised the same concerns, that she and the Director of Code Enforcement met. They both went through all the responsibilities outlined in the City Code and who is responsible for them; they did find a few omissions in the job description. She and Director of Code Enforcement Niechwiadowicz have proposed suggestions for revisions to the job descriptions so they would be as all inclusive as possible. She further noted that Director of Zoning Radke is in complete agreement with the proposed changes to the job description as well. A Vote on the Resolution Resulted as Follows: Ayes (9) Clairborne, Murtagh, McGonigal, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff Nays (1) Brock Abstentions (0) Carried 11.4 Transfer of Function for Information Technology Departmental Consolidation - Resolution Alderperson Kerslick: Seconded by Alderperson McCollister WHEREAS, the Common Council enacted on November 12, 2013, a Local Law entitled “City of Ithaca Local Law to Consolidate the Department of Information Technology Into the Department of the City Clerk”, and WHEREAS, the above-referenced Local Law did, effective January 1, 2014, create a Department of Public Information and Technology, headed by the City Clerk, and containing, among others, those positions previously contained in the Department of Information Technology , and WHEREAS, a transfer of function pursuant to Section 70.2 of New York State Civil Service Law provides the most administratively efficient manner of transferring positions from one department of the City to another; now therefore be it RESOLVED, That effective retroactive to January 1, 2014, all functions of the Department of Information Technology and all employees who were as of December 31, 2013, employed by that Department in a manner that did not otherwise terminate on or before January 1, 2014, shall be transferred to the Department of Public Information and Technology, pursuant to Section 70.2 of New York State Civil Service Law. Alderperson Brock stated that would vote against this item because like the previous merger, it occurred within a budgetary process and not as the result of broader analysis. City Attorney Lavine responded that this merger was part of the budget process, along with the accompanying two separate local laws that Common Council approved. This resolution is merely taking the necessary steps to transfer those employees previously employed in the Information Technology Department to the Dept of Public Information and Technology. If this resolution were to fail, it would have serious consequences. Alderperson Clairborne stated that he did not support this action at the time of previous merger between both department’s last year nor did he support this merger included with the 2014 budget. A Vote on the Resolution Resulted as Follows: Ayes (8) McGonigal, Murtagh, McCollister, Fleming, Smith, Kerslick, Martell, Mohlenhoff Nays (2) Brock, Clairborne Abstentions (0) Carried Common Council Meeting Minutes January 8, 2014 9 11.5 Amendment to Capital Project #768 for Ithaca Falls Overlook Investigation and Remediation Project - Resolution By Alderperson Kerslick: Seconded by Alderperson Smith WHEREAS, on March 2, 2011, Common Council established Capital Project #768 Ithaca Falls Overlook Investigation & Remediation in an amount not to exceed $778,000 to account for project expenses to be reimbursed through the Environmental Restoration Program grant (ERP) from New York State, and WHEREAS, the 0.95 acre City-owned Ithaca Falls Overlook site adjoins the former Ithaca Gun factory building and extends from Lake Street north over the roadway to an overlook of Ithaca Falls in the approximate area of 121-125 Falls Street, and WHEREAS, capital project funding has been used to conduct an investigation to determine the nature and define the limits of contamination both on-site and off-site and devise alternative strategies to remediate environmental contamination for a future public park use and facilitate private-sector redevelopment of the adjoining former Ithaca Gun factory site, and WHEREAS, the project is anticipated to include three interim remedial measures to remove existing sources of subsurface lead contamination, of which interim remedial measure #1 on the western access way of the site was completed, and WHEREAS, on September 5, 2013, the City of Ithaca was awarded a $200,000 reimbursable grant from the U.S. Environmental Protection Agency Brownfield Cleanup Program (EPA BCP) to conduct environmental remediation activities at the Ithaca Falls Overlook site, and WHEREAS, on December 2, 2013, the City of Ithaca’s application for $500,000 in additional ERP funding was approved by New York State (ERP Amendment), and WHEREAS, the ERP provides 90% reimbursement for eligible on-site expenses and 100% reimbursement for eligible off-site expenses, and WHEREAS, the EPA BCP provides 80% reimbursement for eligible expenses, and WHEREAS, the redeveloper of the adjacent former Ithaca Gun factory site, IFR LLC, has pledged to the City per agreement executed on September 25, 2007, to pay the 10% local match on the initial ERP grant (up to $77,800), and WHEREAS, a projected additional local match of $40,000 is needed to match the on- site portion of the additional $500,000 in ERP Amendment funding, and WHEREAS, IFR LLC managing member, Frost Travis, has pledged to pay up to $15,000 of the local match on the ERP Amendment, and WHEREAS, at their December 19, 2013, meeting the Ithaca Urban Renewal Agency (IURA) approved funding the remaining required $25,000 local match on the ERP Amendment from Community Development Block Grant (CDBG) funds, and WHEREAS, $40,000 of ERP funding may be used to meet the 20% local match for the EPA BCP, and WHEREAS, to account for new funding, Capital Project #768 should be increased from $778,000 to $1,518,000 as shown in the following summary funding table: Ithaca Falls Overlook – Capital Project #768 Funding Award Amount Local Match Match Source Total Project Cost ERP $700,200$77,800 IFR LLC $778,000 ERP Amendment $500,000$40,000 IFR LLC: $15,000 IURA: $25,000 $540,000 ERP Subtotal $1,200,200$117,800 $1,318,000 Common Council Meeting Minutes January 8, 2014 10 EPA BCP $200,000$0 ERP ($40,000) $200,000 Totals $1,400,200$117,800 $1,518,000 WHEREAS, the investigation phase of the ERP qualifies as a Type II action under the City of Ithaca Environmental Quality Review Ordinance at §176-5(C)(17): “Information collection, including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake, fund or approve any Type I or unlisted action”, and WHEREAS, any interim remedial measure to remove source contamination shall undergo a separate environmental review; now, therefore, be it RESOLVED, That City of Ithaca Common Council authorizes the Mayor, subject to review by the City Attorney, to execute an amendment to the New York State Assistance Contract to increase the Environmental Restoration Program funding amount awarded to the City of Ithaca from $700,200 to $1,200,200 and extend the schedule for completion to December 31, 2015, and be it further RESOLVED, That the City of Ithaca Common Council hereby amends Capital Project #768 Ithaca Falls Overlook Investigation & Remediation in an amount not to exceed $740,000 bringing the total authorized amount not to exceed $1,518,000, and be it further RESOLVED, That funds necessary for the said capital project amendment shall be derived from a General Fund advance with later repayment from the issuance of serial bonds and ERP Grant funds. Community Development Director Bohn explained that the funds will assist the city to remediate contamination and where the funding sources are coming from. He stated that Phase I has been completed; and the work above will begin this spring; with site being completed cleaned up for future use at that time. City Attorney Lavine stated that he was excited to share with Common Council that an unexpected funding source of $18,000 had been discovered from a forgotten escrow account which was formed as part of the real estate transaction that put some of this land into the city's position. That money should be able to be used for the City’s matching funding requirement. Discussion followed on the floor regarding why bonds would be used to pay for this project, and how the city would be reimbursed accordingly. A Vote on the Resolution Resulted as Follows Carried Unanimously 11.6 City Controller's Report: City Controller Thayer reported on the following activities: The year is over, but final 2013 activity will continue for the next two months and then all the necessary accounting adjustments will be done. So not sure exactly where we will end up as it is early. Early estimates reflect a deficit, but we have many more final journal entries to complete. Our budget called for just under a $300,000 fund balance appropriation. Our office is working to finish up the 2012 audit. The auditors are coming back in to finish their field work. We have been working on capital fund accounting changes that are almost complete which will improve our financial reporting timeliness. Insurance activity remains high. This includes all types of insurance from Workers compensation to liability insurance. This increased activity is leading to settlement costs and higher premiums. Although more difficult than normal, we did obtain all necessary insurance coverage for 2014. The market continues to trend upward at the current time. Our Dams are another area of concern for the insurance carriers. As part Common Council Meeting Minutes January 8, 2014 11 of the Water Treatment Plant work we are doing some improvements to our dams. This is just another additional pressure on the City’s budget. Snow Removal/Flooding costs. We have spent 31% more on snow removal costs from 2013 to 2012. Flooding costs have started to come in for labor, equipment rental and supplies. 2013 activity: 2013 sales tax collections continue to fluctuate. We still have two 2013 collections remaining, next week and at the end of the month. Collections started out strong, then decreased for a bit and recently have been steady. We currently are 2.1% over 2012 collections. Unless our last two payments are much higher or lower than anticipated, we will come in under budget by approximately $89,000. Our 2013 budget was $12,940,806. This is one of the more difficult numbers to estimate. The out of county sales collection remains higher than inside the City. Our estimate for 2014 was more conservative. We budgeted $13,123,000 for 2014. If estimates for 2013 come in as expected we should look for a 2.1% increase, about what we saw this year. Overtime: Our 2013 General Fund Overtime budget is $960,747. To-date we have expended $983,000. We still have one payroll to post; we will be right around last year’s amount. We expended $1,007,334 in overtime in 2012. After many years of being under budgeted in overtime, our 2014 overtime amount should be solid. We have been making small annual budget increases in overtime, while at the same time also making operational changes to reduce the OT costs. Police OT budgeted at $520,000 expended $521,000 in 2013. Fire OT budgeted $370,000 for 2013, spent $366,000. Building Permit revenue: We had an aggressive $819,000 building permit revenue amount for 2013. We look to be around the $650,000 collection mark. This would be $169,000 under budget. This number was developed a bit aggressive with a few projects not coming to reality in 2013 as originally thought. This estimate is always another difficult number to develop with many variables coming into play. We are hopeful some of the projects that have been delayed are only delayed and not stopped. Our 2014 number, $700,000, is still aggressive, but not quite as much as 2013. We collected $890,000 in Building permit revenue in 2012. In addition, we had a site development budget for 2013 at $75,000. We have collected $85,000. In 2012 we collected $115,000 in site development fees. Well above our $20,000 normal year budget. These increases will help offset some of the higher costs we have. Parking: of our $2,059,000 parking revenue budget we have collected $1,904,000. We have the final adjustments yet to make, but we will be under budget. We continue to examine all aspects of our parking operations looking for improvements to controls, collections and cost effectiveness. Changes include more automation in the city garages and improved collection during the hours we charge. Many of these changes have just been implemented and have already reflected in higher revenue collections. We will expect cost efficiencies and revenue enhancements as a result of the new Director of Parking position. The Seneca Street Parking Garage will continue to see construction over the next three years as we maintain the garage which will allow us to operate it for the next 20 years. This will result in some reduced revenue collections. Lastly, I want to thank members of my staff, the Chamberlains office and the HR office for picking up the payroll function while our payroll coordinator has been out ill. It hasn’t been easy at times, but we continue to make it all work. It truly has been a team effort. We continue to hope to have our staff member back working within the next two months. 12. REPORTS OF SPECIAL COMMITTEES: There were no reports from special committees. 13. NEW BUSINESS: There was no new business to discuss 14. INDIVIDUAL MEMBER FILED RESOLUTION: There were no individual member-filed resolutions on the agenda. Common Council Meeting Minutes January 8, 2014 12 15. MAYOR'S APPOINTMENTS: 15.1 Appointment of Director and Alternate Director for the Board of Directors of The Tompkins County Health Consortium - Resolution By Alderperson Brock: Seconded by Alderperson Smith WHEREAS, in 2007, the County, on behalf of Tompkins County Council of Governments, accepted an incentive grant award under the New York State Shared Municipal Services Program, and WHEREAS, the grant assisted the municipalities in Tompkins County to create a local health- insurance consortium with the intent to provide a net savings to the taxpayers of Tompkins County, and WHEREAS, the City of Ithaca joined the Greater Tompkins County Health Insurance Consortium via resolution dated July 1, 2009, and WHEREAS, the resolution includes the provision for this municipality to enter into an inter-municipal agreement that outlines duties of the Board of Directors, which is charged with the operation of the consortium, and WHEREAS, each participating municipality must appoint a Director to the Board of Directors who can vote on behalf of the municipality, now therefore be it RESOLVED, That the Common Council of the City of Ithaca hereby appoints City Controller Steven Thayer to serve as this municipality’s voting Director of the Board of Directors, and appoints Assistant City Attorney Jared Pittman to serve as an alternate who can vote in the absence of the Director, and be it further 15.2 Appointment of City Representative to the Business Improvement District/Downtown Ithaca Alliance Board – Resolution RESOLVED, That Alderperson Joseph Murtagh be reappointed to the Business Improvement District/Downtown Ithaca Alliance Board with a term to expire December 31, 2014, and be it further 15.3 Appointment to Tompkins County Council of Governments (TCCOG) - Resolution WHEREAS, the Tompkins County Intermunicipal Steering Committee has been meeting to discuss ways the local governments could work together to reduce costs to the residents; and WHEREAS, the Committee has learned that other Counties have created a Council of Governments made up of local government officials; and WHEREAS, the Tompkins County Council of Governments is intended to be an association of local governments organized to provide a forum for discussion, study, and negotiation leading to agreements for more efficient, improved, or more cost effective delivery of government services; and WHEREAS, the City of Ithaca desires to be a member of the Tompkins County Council of Governments; now, therefore, be it RESOLVED, That Mayor Svante L. Myrick is hereby approved as the voting member for the City of Ithaca of the Tompkins County Council of Governments; and be it further RESOLVED, That Alderperson J.R. Clairborne is appointed as the alternate voting member, and be it further 15.4 Reappointment to Conservation Advisory Council – Resolution RESOLVED, That Maureen J. Bolton be reappointed to the Conservation Advisory Council with a term to expire December 31, 2017. Carried Unanimously Common Council Meeting Minutes January 8, 2014 13 16. REPORTS OF COMMON COUNCIL LIAISONS: 16.1 Board of Public Works: Alderperson Fleming reported that the Board of Public Works would be discussing the proposed new food truck policy at their January 13, 2014 meeting. A brief discussion followed on the floor regarding the unexpected controversy this proposal has created between vendors, restaurant owners, and members of the community. It was noted that once the Board of Public Works makes a decision on the proposal that it does not need to come to Common Council for further approval. Therefore, everyone that is interested in this proposal and has input should make sure to bring it to the attention of the Board as soon as they can. 16.2 Community Police Board: Alderperson Kerslick reported that the two members of the Board resigned recently leaving two vacancies, which is unfortunate because they had been functioning very highly with a full board. If anyone is interested in serving on the Community Police Board he would love to have them contact him. 16.3 Cable Access Oversight Committee: Alderperson Clairborne reported that the City’s current franchise agreement with Time Warner Cable is currently being negotiated. He stated that City Attorney Lavine has taken the lead on the negotiations along with another member of an intermunicipal agency. He further noted that City Attorney Lavine was complimented on his work with the negotiations at their last meeting. He reported that letters would go out in the near future to different municipalities within the Pegasys system (Village of Cayuga Heights, City of Ithaca, Town of Ithaca, and the Ithaca City School District) to invite them to look to Pegasys for their public programming needs. 16.4 Natural Areas Commission: Alderperson Martell reported that she attended the January 7th NAC meeting and it was brought to her attention that the NAC developed guidelines to protect the natural areas from any work being done in them, which is not really be followed by anyone. She wondered, since she is so new to Council, who she would notify of their concern. It was suggested that she bring it to the attention of the DPW staff members, and the Board of Public Works to remind them of the guidelines. Alderperson Murtagh suggested that it brought to the attention of the Planning and Economic Development Committee as well. 16.5 Other: Alderperson Brock reported that she and Alderperson McGonigal attended a recent South Hill Civic Association meeting and the hot topic currently is wood smoke. She reported that Cooperative Extension is offering a course on the proper use of wood stoves to minimize the negative effects of wood stove emissions. She encouraged anyone interested in attending to contact them directly. 17. REPORT OF CITY CLERK: Information Management Specialist Myers read for the record, the following announcement from the Ithaca Urban Renewal Agency: Public Hearing Announcement 2014 Community Development Block Grant Home Investment Partnership Program Neighborhood Housing Initiative ****Please announce the following at January 8, 2014 Common Council meeting: On behalf of the City of Ithaca, the Ithaca Urban Renewal Agency is announcing the beginning of the 2014 Entitlement and NHI Grant round. Projects to be funded through the 2014 Community Development Block Grant (CDBG), Home Investment Partnerships (HOME) Program, and Neighborhood Housing Initiative (NHI) will be selected through this process. Approximately $593,000 in CDBG, $422,000 in HOME, and $590,000 in NHI funds are expected to be available. All funded CDBG and HOME projects must meet HUD National Objectives and primarily benefit the City’s low-income residents. Application materials and more information can be found on the IURA web site at www.ithacaura.org . Applications are due at noon on February 28, 2014. Common Council Meeting Minutes January 8, 2014 14 The first of two public hearings for the grant is now scheduled for March 20, 2014 at 8:30 a.m. in Common Council Chambers. The entire schedule of public meetings can be found on the Ithaca Urban Renewal Agency web page. For more information, please contact: Ithaca Urban Renewal Agency 108 East Green Street, 3rd floor Ithaca, NY 14850-5690 Phone (607) 274-6547 E-mail: nelsb@cityofithaca.org 18. REPORT OF CITY ATTORNEY: City Attorney Lavine reported that the City reached a settlement on the Crawford lawsuit. The City’s insurer paid on behalf of the City $45,000 to Ms. Crawford. Both he and the Mayor are very pleased to settle this case to the mutual agreement of both parties. He further reported that his office is in the final stage of preparing statements in the Ginsburg litigation case for the courts. He looks forward to the Court’s evaluation, which if it is in the City’s favor will conclude its role in the matter. 19. APPROVAL OF MINUTES: 19.1 Approval of the November 6, 2013 Common Council Meeting Minutes – Resolution By Alderperson McCollister: Seconded by Alderperson Smith RESOLVED, That the minutes of the November 6, 2013 Common Council Meeting be approved with noted corrections, and be it further 19.2 Approval of the November 12, 2013 Special Common Council Meeting Minutes – Resolution RESOLVED, That the minutes of the November 12, 2013 Special Common Council Meeting be approved with noted corrections, and be it further 19.3 Approval of the December 4, 2013 Common Council Meeting Minutes – Resolution RESOLVED, That the minutes of the December 4, 2013 Common Council Meeting be approved with noted corrections, and be it further 19.4 Approval of the December 31, 2013 Special Common Council Meeting Minutes – Resolution RESOLVED, That the minutes of the December 31, 2013 Special Common Council Meeting be approved with noted corrections Carried Unanimously 20. ADJOURNMENT: On a motion the meeting adjourned at 8:01 p.m. ______________________________ _______________________________ Sarah L. Myers Deborah Mohlenhoff, Information Management Specialist Acting Mayor