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HomeMy WebLinkAboutMN-CA-2018-10-17CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 5:30 p.m. October 17, 2018 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart (arrived at 5:36 p.m.), Kerslick, McGonigal, Nguyen OTHERS PRESENT: Chief of Staff – Cogan City Attorney – Lavine Mgr of Organizational Development – Moskowitz HR Director – Michell-Nunn Controller - Thayer Deputy Controller – Andrew 1. Call to Order 1.1 Agenda Review: The following changes were made to the agenda:  Remove item 2.2 – W&S – IAWWTF Grit Removal Project  Add item 4.3 – Distribution of Funds in Excess of $90,000 from the Active Firemen’s Relief Fund 1.2 Review/Approval of Minutes: Alderperson Nguyen made a motion to approve the minutes from the September 19, 2018 meeting of the City Administration Committee. Seconded by Alderperson Kerslick. Motion carried 4-0. Alderperson Gearhart was absent from the vote. Alderperson Gearhart arrived at 5:36 p.m. 1.3 Statements from the Public Fay Gougakis of Ithaca expressed her concerns about the following:  Construction and asbestos removal happening on the Commons  People talking on cell phones while riding their bikes  The lack of transparency surrounding the lime bikes 1.4 Statements from Employees. None. 1.5 Council Response Alderperson Kerslick stated that discussions about lime bikes have taken place at the Planning Board meetings with the public having opportunities to express their concerns regarding lime bikes at these meetings. 2. Consent Agenda Items City Administration Committee Meeting October 17, 2018 Page 2 2.1 W&S – Storage System (BTM) Agreement Between NYSEG and Ithaca Area Wastewater Treatment Plant Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, New York State Gas and Electric (NYSEG) is sponsoring a Behind the Meter (BTM) Battery Storage System Demonstration Program through May 1, 2021, and WHEREAS, NYSEG is seeking to conduct this demonstration program at various Commercial and Industrial sites meeting specific power usage and site location requirements in NYSEG’s “Energy Smart Community,” and WHEREAS, eligible Customers who participate in the program will help NYSEG test new ways to make the electric grid more flexible and to include more renewable energy sources into the existing system, and WHEREAS, the Ithaca Area Wastewater Treatment Facility (IAWWTF) was determined to be an eligible Customer after a preliminary review which included an inspection of the premises and a review of historical electricity usage data by NYSEG, and WHEREAS, NYSEG desires to enter into an agreement with the IAWWTF for a BTM program, and WHEREAS, the conditions of the agreement provide a no cost to Customer BTM on the premises, and WHEREAS, the agreement provides the IAWWTF with guaranteed electricity bill savings, increased control over energy usage, and increased sustainability, and WHEREAS, the agreement projects a net electrical savings to the IAWWTF of $459.56 per month with a guaranteed net savings of at least 7%, and WHEREAS, after a two-year trial period, the IAWWTF will have the opportunity to purchase the battery from NYSEG, renewing the subscription agreement, or discontinuing the participation in the program, and WHEREAS, the Special Joint Subcommittee (SJC) recommended the approval of said contract at its regular meeting of September 19, 2018; now, therefore, be it RESOLVED, That Common Council authorizes a no cost BTM Demonstration Agreement between the IAWWTF and NYSEG, and be it further RESOLVED, That the terms of the agreement will be from the Effective Date of signature through May 1, 2021. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting October 17, 2018 Page 3 2.2 Capital Project Construction Phase for Grit Removal Project, Concrete Restoration Project, Emergency Generator Replacement, and Miscellaneous Plant Improvements at the Ithaca Area Wastewater Facility This item was removed from the agenda prior to voting on Consent Agenda items. 2.3 NYSDOT Local Pedestrian Safety Action Plan Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, a Project for the Pedestrian Safety Action Plan, P.I.N. 375650 (the “Project”) is eligible for funding under Title 23 U.S. Code, as amended, that calls for the apportionment of the costs of such program to be borne at the ratio of 100% Federal funds and 0% non-federal funds, and WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-federal share of the costs of Preliminary Engineering/Design; Right-of Way Incidentals and Acquisition, Construction and Construction Inspection and WHEREAS, preliminary engineering and design are exempt from further environmental review as Type II actions and the remainder of the project will be subject to environmental review; now, therefore, be it RESOLVED, That the Common Council hereby approves the above-subject project, subject to further environmental review of construction, and be it further RESOLVED, That the Common Council hereby authorizes the City of Ithaca to pay in the first instance 100% of the federal and non-federal share of the cost of Preliminary Engineering/Design, Right of Way Incidentals and Acquisition and Construction/Construction Inspection work for the Project or portions thereof, and be it further RESOLVED, That the sum of $590,000 is hereby appropriated from the issuance of serial bonds and made available to cover the cost of participation in the above phase of the Project, and be it further RESOLVED, That Common Council hereby creates Capital Project # 852, NYSDOT Local Pedestrian Safety Action Plan, to include the Project costs of $590,000, and be it further RESOLVED, That in the event the full federal and non-federal share costs of the project exceeds the amount appropriated above, the Common Council of the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the NYSDOT thereof, and be it further RESOLVED, That the Mayor of the City of Ithaca be and is hereby authorized to execute all necessary Agreements, and the Superintendent of Public Works is hereby authorized to execute all necessary certifications or reimbursement requests for Federal Aid on behalf of the City of Ithaca with the New York State Department of Transportation in connection with the advancement or approval of the Project and providing for the administration of the Project and the municipality’s first instance funding of Project costs and permanent funding of the local share of federal-aid and state-aid eligible Project costs and all Project costs within appropriations therefore that are not so eligible, and be it further City Administration Committee Meeting October 17, 2018 Page 4 RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be roughly 0% of said portion, currently estimated at $0 of the $590,000 authorized for this portion of the project, in monies and in-kind services as managed by the Superintendent of Public Works and monitored by the City Controller, and be it further RESOLVED, That a certified copy of this resolution be filed with the New York State Commissioner of Transportation by attaching it to any necessary Agreement in connection with the Project, and be it further RESOLVED, That this resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 2.4 Easement for 606 Madison Street Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. ORDINANCE __ -2018 An Ordinance to Authorize Execution of Permanent Easement WHEREAS, Russell Maines, as representative for the owner of 606 Madison Street in the City of Ithaca (Tax Map Parcel No. 44.-9-14, Sara Cacciotti Komaromi owner of record) hereinafter referred to as “Applicant”, has requested a permanent easement from the City into the adjacent Cascadilla Street right- of-way; and WHEREAS, Applicant requests an easement to permit the following encroachment by the primary structure into the City’s right of way: An encroachment comprising of 4.125 square feet extending into the right of way for Cascadilla Street, as more specifically shown in the survey map entitled “Survey Map No. 606 Madison Street, City of Ithaca, Tompkins County, New York” prepared by Lee Dresser of T.G. Miller PC on August 9, 2018, and which is hereby incorporated as Exhibit A; and WHEREAS, City Code Section 170-5 vests Common Council with the authority to convey a permanent easement across City property; and WHEREAS, in consideration for the permanent easement, the applicant has agreed to pay $2,600; and WHEREAS, on October 16, 2018, the Board of Public Works declared the easement area surplus property for municipal purposes and recommended Council’s authorization of the easement request; and WHEREAS, the City Charter requires approval by three-fourths of the Common Council to authorize divestment of real property, and City Administration Committee Meeting October 17, 2018 Page 5 WHEREAS, the City Charter further requires notice of a proposed sale to be published no less than once each week for three weeks, the first such notice being published no less than 30 days prior to the approval vote, and such notices have been published; now, therefore, BE IT ORDAINED AND ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Intent and Purpose. The Common Council makes the following findings of fact: A. The above-described easement area is surplus for municipal purposes. B. The above consideration is adequate for execution of this permanent easement. Section 2. Approval and Execution of Deed. The Common Council authorizes and directs the Mayor, on the advice of the City Attorney, to execute documents as needed to convey the above-described easement. Section 3. Effective Date. This ordinance shall take effect upon publication. A vote on the resolution resulted as follows: Passed unanimously. Executive Session: Alderperson Kerslick made a motion to go into Executive Session to discuss possible litigation. Seconded by Alderperson Nguyen. Motion passed unanimously. Alderperson Kerslick made a motion to close Executive Session. Seconded by Alderperson Nguyen. Motion passed unanimously. Chairperson Mohlenhoff stated that no decision was made in Executive Session. 3. City Administration, Human Resources, and Policy. None. 4. Finance, Budget and Appropriations 4.1 Establishment of a Permit Fee for Intercity Buses Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. WHEREAS, Section 346-31 of the City Code, “Buses”, vests the Common Council with sole discretion to issue bus permits for any entity operating “upon, stop[ping] on or stand[ing] on any City street in the corporate limits of the City of Ithaca, … pick[ing] up or discharg[ing] passengers on any such City street or curb, or any other public property, or at or within 200 feet of any City bus stop in said corporate limits of the City of Ithaca…” and WHEREAS, Chapter 170, “Use of City Real Property”, authorizes the City to establish permit fees for use of City property; and City Administration Committee Meeting October 17, 2018 Page 6 WHEREAS, in September 2018, in response to the closure of the West End bus depot, Common Council authorized use of Green Street by intercity bus operations to continue bus service to and from Ithaca, with such use commencing on October 1, 2018; and WHEREAS, Common Council is interested in establishing a bus permit fee based on a fair rental value for use of Green Street; now, therefore, be it RESOLVED, That in accordance with Section 346-31 and Chapter 170 of the City Code, the Common Council hereby establishes an Intercity Bus Permit fee of $20 per arrival/departure from Green Street for occupancy of the right of way for the purposes of operating an intercity bus from Green Street, and be it further RESOLVED, That the above-established fee shall be multiplied by the number of scheduled trips for each Intercit y Bus Permittee as submitted to the Transportation Engineer for a one-year period, running through the permit term of April 1 through March 31, and shall be paid prior to the commencement of each annual permit term, and be it further RESOLVED, The Intercity Bus Permit shall be memorialized in a permit agreement, and the Superintendent, upon the advice of the City Attorney, is authorized to issue a revocable permit for use by each Permittee containing standard terms and conditions with regard to waiver of liability, indemnification of the City, and other pertinent matters, and be it further RESOLVED, That the Common Council hereby authorizes the Board of Public Works to modify the above-established Intercity Bus Permit fee from time to time, but retains the sole legislative discretion as to issuance of bus permits, and be it further RESOLVED, That upon City approval, all permittees shall be notified of the applicable fee, and have the opportunity to immediately terminate the Intercity Bus Permit for no cost or remit the applicable fee as calculated from October 1, 2018, and be it further RESOLVED, Common Council hereby revokes any bus permits authorized under Section 346-31 for intercity bus use of Green Street issued prior to September 5, 2018. Alderperson Nguyen made a motion to change the Intercity Bus Permit fee from $20 to $15. Seconded by Alderperson McGonigal. Motioned passed unanimously. A vote on the resolution as amended resulted as follows: Passed unanimously. Executive Session: Alderperson Gearhart made a motion to go into Executive Session to discuss the medical and financial implication of an individual. Seconded by Alderperson McGonigal. A vote on the motion resulted as follows: Yes (4): Gearhart, Kerslick, McGonigal, Nguyen No (0): Recusal (1): Mohlenhoff City Administration Committee Meeting October 17, 2018 Page 7 Motion passed 4-0-1. Alderperson Gearhart made a motion to close Executive Session. Seconded by Alderperson McGonigal. A vote on the motion resulted as follows: Yes (4): Gearhart, Kerslick, McGonigal, Nguyen No (0): Recusal (1): Mohlenhoff Motion passed 4-0-1. Vice-Chairperson Kerslick stated that no decision was made in Executive Session. 4.2 Authorizing Disbursement from Active Firemen’s Relief Fund Moved by Alderperson McGonigal. Seconded by Alderperson Gearhart. WHEREAS, Section C-94 of the City Charter establishes the Active Firemen’s Relief Fund, from which disbursements of “temporary relief and benefits only, as the Common Council shall determine” may be issued to “sick, indigent or disabled firefighters”, and WHEREAS, such monies annually deposited into that Fund that are not disbursed in the form of “temporary relief and benefits” are distributed annually to the City’s volunteer fire company, and WHEREAS, no disbursements in the form of “temporary relief and benefits” have been made from that Fund in many years, and WHEREAS, Lyman Baker has served the City of Ithaca as an active fire fighter beginning in 1961; and WHEREAS, Lyman Baker recently served in the capacity of volunteer Fire Police, though he is no longer an active volunteer, and WHEREAS, Mr. Baker has applied for a disbursement from that Fund; now therefore be it RESOLVED, That the City Controller is authorized to disburse from the Active Firemen’s Relief Fund to Lyman Baker an amount not to exceed $4,140. A vote on the resolution resulted as follows: Yes (4): Gearhart, Kerslick, McGonigal, Nguyen No (0): Recusal (1): Mohlenhoff Motion passed 4-0-1. City Administration Committee Meeting October 17, 2018 Page 8 4.3 Resolution Approving Distribution of Funds in Excess of $90,000 from the Active Firemen’s Relief Fund Moved by Alderperson Gearhart. Seconded by Alderperson McGonigal. WHEREAS, §C-94 of the City Charter authorizes the Common Council “to be trustees of all moneys now constituting the Active Firemen’s Relief Fund, together with ½ of all moneys that may hereafter be received by the City of Ithaca as a Fire Department tax on premiums on policies of foreign and alien fire insurance companies pursuant to §9104 and §9105 of the Insurance Law”; and WHEREAS, §C-94 of the City Charter grants Common Council authority “to distribute such Fire Department tax moneys so received equally among each of the volunteer fire companies of the City for the use and benefit of the Ithaca Fire Department and the company or companies comprising the same so long as the balance of said relief fund shall be at least the sum of $90,000”; and WHEREAS, there is $23,316.38 [$27,316.38 minus any amount paid to Lyman Baker from the Active Firemen’s Relief Fund] surplus over the required $90,000 balance in the active Firemen's Relief Fund; now, therefore be it RESOLVED, that the Common Council authorizes the City Chamberlain to distribute the amount of $23,316.38 from the Active Firemen's Relief Fund surplus to Neriton Volunteer Fire Company #9. A vote on the resolution resulted as follows: Yes (4): Gearhart, Kerslick, McGonigal, Nguyen No (0): Recusal (1): Mohlenhoff Motion passed 4-0-1. 5 Budget Process 6. Meeting Wrap-up 6.1 Announcements. None. 6.2 Next Meeting Date: Monday – November 19, 2018. 6.3 Review, Agenda Items for Next Meeting: None. 6.4 Adjourn: With no further business and on a motion by Alderperson Kerslick, the meeting was adjourned at 6:30 p.m.