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HomeMy WebLinkAbout09-05-12 Common Council Meeting AgendaOFFICIAL NOTICE OF MEETING A Regular meeting of the Common Council will be held on Wednesday, September 5, 2012, at 6:00 p.m. in the Common Council Chambers at City Hall, 108 East Green Street, Ithaca, New York. Your attendance is requested. AGENDA 1. PLEDGE OF ALLEGIANCE: 2. ADDITIONS TO OR DELETIONS FROM THE AGENDA: 3. PROCLAMATIONS/AWARDS: 4. SPECIAL ORDER OF BUSINESS: 4.1 Presentation of Quarterly Employee Recognition Award 5. SPECIAL PRESENTATIONS BEFORE COUNCIL: 5.1 Sasaki Associates – Presentation of the design for the Commons repair and upgrade project 6. PETITIONS AND HEARINGS OF PERSONS BEFORE COUNCIL: 7. PRIVILEGE OF THE FLOOR – COMMON COUNCIL AND THE MAYOR: 8. CONSENT AGENDA ITEMS: City Clerk’s Office: 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2012 Apple Harvest Festival – Resolution Government Performance and Accountability Committee: 8.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 342 entitled “Streets and Sidewalks” §342-8(C) entitled “Permit Application and Fee” to Request Authority to Set Such Fees City Administration Committee: 8.3 Department of Public Works - Amendment to Personnel Roster - Modification of the Work Hours for the Position of Lab Technician at the Water Treatment Plant (WTP) - Resolution 8.4 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Water and Sewer Division - Resolution 8.5 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Ithaca Area Waste Water Treatment Facility (IAWWTF) – Resolution 8.6 Department of Public Works - IAWWTF – Request to Amend 2012 Authorized Budget for the Purchase of Vehicle – Resolution 8.7 City Attorney’s Office - Request to Amend 2012 Authorized Budget for Allocation of Arbitration and Lawsuit Expenses - Resolution Common Council Meeting Agenda September 5, 2012 Page 2 9. GOVERNMENT PERFORMANCE AND ACCOUNTABILITY COMMITTEE: No regular items were submitted for the agenda. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Youth Bureau – Request Approval to File Grant Application and Enter into A Project Agreement With the New York State Office of Parks, Recreation and Historic Preservation for Rehabilitation of the Ithaca Skate Park - Resolution 10.2 City Attorney’s Office - Proposal to Explore Consortium for Time Warner Franchise Agreement - Resolution 10.3 Attorney’s Office – An Ordinance to Amend the City of Ithaca Municipal Code to Create a New Chapter 141 entitled “Bridges” 10.4 City Controller’s Report 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Resolution of Support for the Comprehensive Planning Process 12. REPORTS OF SPECIAL COMMITTEES: 13. NEW BUSINESS: 14. INDIVIDUAL MEMBER – FILED RESOLUTIONS: 15. MAYOR’S APPOINTMENTS: 16. REPORTS OF COMMON COUNCIL LIAISONS: 17. REPORT OF CITY CLERK: 18. REPORT OF CITY ATTORNEY: 19. MINUTES FROM PREVIOUS MEETINGS: 19.1 Approval of the June 6, 2012 Common Council Meeting Minutes – Resolution 19.2 Approval of the June 13, 2012 Special Common Council Meeting Minutes – Resolution 19.3 Approval of the August 1, 2012 Common Council Meeting Minutes- Resolution 20. ADJOURNMENT: If you have a disability that will require special arrangements to be made in order for you to fully participate in the meeting, please contact the City Clerk at 274-6570 at least 48 hours before the meeting. _________________________________________ Julie Conley Holcomb, CMC City Clerk Date: August 30, 2012 8. CONSENT AGENDA ITEMS: City Clerk’s Office 8.1 Request of Downtown Ithaca Alliance to Permit Wine, Beer, and Hard Cider Tasting and Sale of Bottled Wine, Beer, and Hard Cider at the 2012 Apple Harvest Festival – Resolution WHEREAS, the Downtown Ithaca Alliance has requested permission for wine, beer, and hard cider tasting and sales as part of the 2012 Apple Harvest Festival; now, therefore, be it RESOLVED, That the Downtown Ithaca Alliance be authorized to arrange for wine, beer, and hard cider tasting and sale of bottled wine, beer, and hard cider at booths during the Apple Harvest Festival on the Ithaca Commons, September 28 – 30, 2012, and, be it further RESOLVED, That the Downtown Ithaca Alliance and participating wineries 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 sale or tasting of wine and hard cider on the Ithaca Commons, and, be it further RESOLVED, That the Downtown Ithaca Alliance or the participating winery or cider company shall agree to maintain liability insurance in the amount of $1,000,000.00 and Dram Shop Act coverage in the minimum amount of $1,000,000.00 naming the City of Ithaca as an additional insured, and shall provide evidence of such insurance to the City Clerk prior to the event. Government Performance and Accountability Committee: 8.2 An Ordinance to Amend the City of Ithaca Municipal Code Chapter 342 entitled “Streets and Sidewalks” §342-8(C) entitled “Permit Application and Fee” to Request Authority to Set Such Fees WHEREAS, the City Code currently states that Street Permits have a fee of $10, except for permits pertaining solely to sidewalk repair, which have a fee of $5, and WHEREAS, the Department of Public Works Engineering Office recommends increasing the fees to $50 and $25 respectively so as to better reflect administrative and operational costs, and WHEREAS, the Board of Public Works concurs, and WHEREAS, in order to simplify future rate changes, the Board of Public Works wishes to set the permit rates similar to the way it sets rates for the parking garages, now therefore Ordinance 2012-___ BE IT ORDAINED AND ENACTED by the City of Ithaca Common Council as follows: Section 1. Chapter 342, Section 342-8(C), entitled “Permit Application and Fee,” is hereby amended to read as follows: C. Fee. No permit shall be issued until the applicant therefore shall have first paid in cash or by check payable other means acceptable to the City a fee of $10, except for sidewalk permits, which shall be $5 as set, and amended from time to time, by resolution of the Board of Public Works. Section 2. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 ordinance. Section 3. Effective date. This ordinance shall take effect immediately and in accordance with law, upon publication of notice as provided in the Ithaca City Charter. City Administration Committee: 8.3 Department of Public Works - Amendment to Personnel Roster - Modification of the Work Hours for the Position of Lab Technician at the Water Treatment Plant (WTP) - Resolution WHEREAS, the City of Ithaca Common Council resolved to create the Water Treatment Plant Lab Technician Position, a 40-hour per week position, on July 2, 2012, and WHEREAS, the Chief Operator of the Water Treatment Plant believes the work entailed for this position can be performed adequately in a 35-hour work week, and WHEREAS, in light of the City’s current budgetary constraints, this reduction in hours from 40 hours per week to 35 hours per week would help the Water & Sewer Division of the City of Ithaca Department of Public Works in meeting its budget goals; now therefore be it RESOLVED, That Common Council authorizes the reduction of work week hours for the Laboratory Technician Position at the Water Treatment Plant from 40 hours to 35 hours per week. 8.4 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Water and Sewer Division - Resolution WHEREAS, a Financial Management Assistant in the Water and Sewer Division of the Department of Public Works has requested a temporary reduction in her workweek from 40 hours per week to 30 hours per week to allow her to address family needs, and WHEREAS, the Division is willing to accommodate this request; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized Personnel Roster as follows: that the workweek of one Financial Management Assistant position in the Water and Sewer Division of the Department of Public Works be and hereby is reduced from 40 hours per week to 30 hours per week from October 1, 2012, through March 31, 2013, pursuant to the employee’s request, 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 six hours per day (30 hours per week). 8.5 Department of Public Works - Amendment to Personnel Roster – Modification of Work Hours for a Position in the Ithaca Area Waste Water Treatment Facility (IAWWTF) - Resolution WHEREAS, with the recent loss of our Administrative Assistant at the Ithaca Area Wastewater Treatment Facility (IAWWTF), and the continuing need for administrative support for the IAWWTF the Water & Sewer Division of the Department of Public Works requests the resources necessary to enable existing administrative support personnel within the Division to provide for the immediate administrative support needs at the IAWWTF, and WHEREAS, to provide administrative support to the IAWWTF the Division requests an increase in the workweek of an Administrative Coordinator from 20 hours per week to 30 hours per week to allow the Division the personnel resources to cover the near-term administrative needs of the IAWWTF, without hiring a full-time replacement at this time, and WHEREAS, for the balance of 2012 and for 2013 the Water and Sewer Division will cross-train and assign a number (two or three) of its existing administrative staff to meet the immediate administrative support needs of the IAWWTF, currently estimated at 30 to 35 hours per week, and WHEREAS, the Division estimates this course of action will realize a savings between $5,000 to $10,000 in administrative salaries for 2013, and WHEREAS, the long-term administrative support needs of the IAWWTF will be assessed over the next year and recommendations to meet the long term need will be presented in the 2014 Budget Request; now therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized Personnel Roster as follows: that the workweek of one Administrative Coordinator position in the Water and Sewer Division of the Department of Public Works be and hereby is increased from 20 hours per week to 30 hours per week retroactively from August 13, 2012, through December 31, 2013. 8.6 Department of Public Works – Ithaca Area Waste Water Treatment Facility (IAWWTF) – Request to Amend 2012 Authorized Budget for the Purchase of Vehicle - Resolution WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) recently sold an underutilized dump truck at auction for $47,000, and WHEREAS, the IAWWTF staff had planned to purchase a new spotter vehicle in late 2012 or early 2013 using some proceeds from the sale of the dump truck to help offset the cost, and WHEREAS, a recent vehicle fire at the IAWWTF has prompted the need to purchase a spotter vehicle much sooner than anticipated, and WHEREAS, the Special Joint Committee of the IAWWTF has approved this purchase, and WHEREAS, IAWWTF staff has located a used spotter vehicle for less than $50,000; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 IAWWTF authorized budget to account for said vehicle sale and purchase as follows: Increase Revenue Account J8150-2665 IAWWTF Sale of Equipment $47,000 Increase Appropriation Account J8150-5225 IAWWTF Other – Equipment $47,000 8.7 City Attorney’s Office - Request to Amend 2012 Authorized Budget for Allocation of Arbitration and Lawsuit Expenses - Resolution WHEREAS, the City of Ithaca has been involved in several lawsuits and various arbitrations during the past year with the greatest expenses related to the Christopher Miller arbitration, and WHEREAS, the expenses to date for those various arbitrations and lawsuits have exhausted the budgets for these types of expenses in the Attorney’s Office, Human Resources, and the City’s Judgment and Claims Account, and WHEREAS, City staff anticipates additional funds in the amount of $49,500 are needed to cover various arbitration and litigation costs for the next few months, and WHEREAS, the City still has funds available in its unrestricted contingency account to cover these types of expenses; now, therefore, be it RESOLVED, That Common Council hereby amends the 2012 authorized budget to cover current and future arbitration and lawsuit costs as follows: Increase Appropriation Accounts: A1420-5435 Attorney’s Office Contracts $28,000 A1430-5430 Human Resources Fees $14,000 A1930-5000 Judgments and Claims $7,500 $49,500 and be it further RESOLVED, That said budget amendment shall be covered from a transfer of an amount not to exceed $49,500 from Account A1990 Unrestricted Contingency. 10. CITY ADMINISTRATION COMMITTEE: 10.1 Youth Bureau – Request Approval to File Grant Application and Enter into A Project Agreement With the New York State Office of Parks, Recreation and Historic Preservation for Rehabilitation of the Ithaca Skate Park - Resolution WHEREAS, the Common Council of the City of Ithaca adopted a resolution authorizing a grant submission to the Environmental Protection Fund for the rehabilitation of the Ithaca Skate Park, located in Wood Street Park in the City of Ithaca on July 6, 2005, and WHEREAS, the not-for-profit corporation known as the Tem Park Fund, Inc., applied to the New York State Office of Parks, Recreation, and Historic Preservation for a grant under the Environmental Protection Fund and was awarded a $66,000 grant for this rehabilitation project, and WHEREAS, the City owns and operates the Wood Street Park and has assumed responsibility for approving, awarding and administering any contract for design, construction, repair or maintenance of the skate park facility, and WHEREAS, the Tem Park Fund, Inc., has agreed to make said grant funds available for payment to the City to be used for said rehabilitation project, and WHEREAS, the City has agreed to handle all voucher paperwork for the NYS Parks grant, now therefore be it RESOLVED, That the Director of the City of Ithaca Youth Bureau, is hereby authorized to file an application for funds from the New York State Office of Parks, Recreation and Historic Preservation in accordance with the provisions of Title 9 of the Environmental Protection Act of 1993, in an amount not to exceed $66,000, and upon approval of said request to enter into and execute a project agreement with the State for such financial assistance to the City of Ithaca for the rehabilitation of the Ithaca Skate Park, and be it further RESOLVED, That Common Council hereby amends Capital Project #732 Skate Park Renovation by an amount not to exceed $66,000 for a total project authorization of $166,000 for the purposes of the rehabilitation of the Ithaca Skate Park, and be it further RESOLVED, That the funds necessary for said $66,000 amendment shall be derived from said New York State Office of Parks, Recreation and Historic Preservation Grant. 10.2 City Attorney’s Office - Proposal to Explore Consortium for Time Warner Franchise Agreement - Resolution WHEREAS, the City of Ithaca is provided cable service by Time Warner Cable; and WHEREAS, the City recognizes the advantage of cooperation with other municipalities with regard to cable franchise issues; and WHEREAS, the City of Ithaca is interested in exploring, through the Tompkins County Council of Governments, the possibility of entering into an agreement with other municipalities to form a Consortium to negotiate, on behalf of the City, a renewal franchise agreement with Time Warner Cable; and WHEREAS, the intent would be to form a Consortium with the authority to conduct public hearings, conduct surveys, and engage in all activity, within the limits of applicable State and Federal Law, that is necessary and appropriate to negotiating a renewal franchise agreement for its member municipalities; and WHEREAS, the Consortium may be charged with analyzing the financial, technical, and legal issues related to cable television regulation to enable the member municipalities to reach sound judgments in exercising their regulatory authority with regard to such matters as cable television rates, franchise fees, and nature and quality of service; and WHEREAS, all members of the Consortium would individually reserve the right to approve, disapprove, or amend the franchise agreement so negotiated on their behalf; now therefore, be it RESOLVED, That the City of Ithaca does hereby express interest in exploring the possibility of forming a Consortium of municipalities to negotiate on its behalf for the renewal of its franchise agreement with Time Warner Cable; and it is further RESOLVED, That the City of Ithaca hereby reserves the right to refrain from joining the Consortium should the terms and conditions of joining the consortium prove to be unacceptable to Common Council. 10.3 Attorney’s Office – An Ordinance to Amend the City of Ithaca Municipal Code to Create a New Chapter 141 entitled “Bridges” Ordinance 2012-____ BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1: A new Chapter 141 of the City of Ithaca Municipal Code entitled “Bridges” is hereby added as follows: § 141-1 Purpose: The purpose of this chapter is to protect the integrity of city bridges and the safety of those who use those bridges, and more particularly to ensure that no one interferes with the efficacy of the safety mesh under city bridges, to minimize expense in maintaining bridges and the safety mesh under the bridges, to prevent injury to people on, under or nearby bridges, prevent objects from being thrown and dropped from bridges, and to preserve and protect bridge structures. § 141-2 Definitions: BRIDGE Any structure that spans any physical obstacle for the purpose of providing passage over the obstacle. BRIDGE STRUCTURE Any part of a Bridge, including the bridge deck, supporting structure, railings, fencing, guardrails, safety mesh, and any part attached thereto or intended to monitor or maintain a bridge, including video surveillance equipment. CITY BRIDGE Any Bridge Structure, including any Bridge Structure not owned by the City of Ithaca, within the boundaries of the City of Ithaca that is open to the public, including Bridge Structures intended for automobiles, rail traffic, pedestrians and bicycle traffic. RESTITUTION The cost to restore any damaged City Bridge to its condition prior to damage. Restitution shall include the costs to repair damages caused by prohibited acts contained in this chapter including but not limited to costs to retrieve objects, costs to repair safety mesh, costs to remove graffiti, costs of rescue, and administrative costs associated with any of the foregoing. SAFETY MESH Any material placed on, near, or under a City Bridge that is intended to prevent injury from falling from a bridge or to protect from being hit by objects falling or thrown from a bridge. § 141-3 Prohibited and required acts: A. No person shall jump, step-off or otherwise go over the side of a City Bridge, or cause another to do so. B. When walking on a City Bridge that has sidewalks, pedestrians shall walk only on those sidewalks. C. No person shall climb, step on, or walk on any fence, railing, guardrail, or other siding on a City Bridge. D. No person shall throw, drop, or permit or otherwise cause any object to go over the side of a City Bridge. E. No person shall climb on, jump on, or throw or drop or cause an object to be dropped on Safety Mesh that is attached to a City Bridge. F. No person shall cause, or act in a way that causes, damage to Safety Mesh. G. No person shall deface, draw on, paint, or mark any part of a City Bridge without proper authorization. § 141-4 Penalties: Any person who violates any provision of this chapter is guilty of an offense punishable by no less than a fine of $100 or 25 hours of community service, no more than $1,000 and 15 days in jail. Any penalty imposed may also include restitution as defined in this chapter. Section 2: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance 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 ordinance. Section 3: Effective Date This ordinance shall take effect immediately and in accordance with law, upon publication of notice as provided in the Ithaca City Charter. 11. PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE: 11.1 Resolution of Support for the Comprehensive Planning Process WHEREAS, the City of Ithaca’s existing comprehensive plan was completed in 1971 and has since been amended fourteen times by various targeted neighborhood and strategic plans, and WHEREAS, while some objectives of the 1971 plan are still applicable, many are not, and both local conditions and broader national and world-wide trends that affect Ithaca have changed dramatically since then, resulting in a need to update the comprehensive plan to address present-day issues and anticipate future ones, and WHEREAS, the City has decided to pursue a two-phased approach to its new Comprehensive Plan where Phase I will entail the preparation of an “umbrella” plan that sets forth broad goals and principles to guide future policies throughout the city and where Phase II will include the preparation of specific neighborhood plans and other distinct thematically-based plans, and WHEREAS, in February 2008, the Common Council approved a capital project in the amount of $200,000 to prepare a comprehensive plan, and WHEREAS, the City issued a Request for Qualifications for firms interested in assisting with the preparation of Phase I of the Comprehensive Plan, and in early 2011, the Comprehensive Plan Committee interviewed three consultant teams, and WHEREAS, based on the unanimous recommendation of the Comprehensive Plan Committee, the Planning and Development Board, the Common Council, and the Mayor selected Clarion Associates as the project consultant for Phase I of the new Comprehensive Plan in May 2011, and WHEREAS, Clarion Associates began working on the project in September 2011 and undertook a review of existing plans and studies and an analysis of existing conditions and trends, and WHEREAS, an extensive public input process was kicked-off by a Clarion-led community workshop in November 2011, and that workshop was followed up with over 20 neighborhood meetings and focus groups as well as individual surveys, and WHEREAS, using all of this information, the consultant team has completed two reports and initiated a third report, and these documents will inform the preparation of the new Comprehensive Plan, and WHEREAS, while the City appreciates the work completed by Clarion Associates, it has decided to move forward without the Clarion team, and WHEREAS, the project funding will now be spent locally as City staff and the Comprehensive Plan Committee will prepare the new plan with input from the community and the assistance from local consultants as needed, and WHEREAS, the City remains committed to incorporating community input into the new Comprehensive Plan, and the planning process will continue to include extensive public outreach; now, therefore, be it RESOLVED, That the Common Council appreciates the work completed by Clarion Associates and fully supports the new direction for the preparation of the Comprehensive Plan.