Loading...
HomeMy WebLinkAboutMN-CA-2020-09-23CITY ADMINISTRATION COMMITTEE CITY OF ITHACA, NEW YORK Regular Meeting 6:00 p.m. September 23, 2020 PRESENT: Alderperson Mohlenhoff – Chair Alderpersons (4): Gearhart, Kerslick, McGonigal, Nguyen Mayor (1): Myrick OTHERS PRESENT: Alderperson (1): Fleming City Attorney – Lavine IURA Executive Director – Bohn Director of Transportation & Parking – Hathaway Sidewalk Program Manager – Licitra Attorney for Emerson – Gorman Director of Tompkins History Center – Sandberg Chief of Staff – Cogan HR Director – Michell-Nunn Controller – Thayer 1. Call to Order 1.1 Agenda Review. None. 1.2 Review/Approval of Minutes: Alderperson Kerslick made a motion to approve the minutes from the August 26, 2020 meeting of the City Administration Committee. Seconded by Alderperson McGonigal. Motion carried unanimously. 1.3 Statements from the Public. None. 1.4 Statements from Employees. None. 1.5 Council Response. None. 2. Consent Agenda Items 2.1 DPW – Funding for Cecil A Malone Bridge – Authorizing the implementation, and funding in the first instance 100% of the Federal-aid and State-aid eligible costs, of a federal-aid and /or state-aid transportation project, and appropriating funds Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, Sponsor will design, let and construct the “project”; and WHEREAS, a Project for the Cecil Malone Drive Bridge over Flood Relief Channel, P.I.N. 375589 (“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 95% Federal funds and 5% non-Federal funds; and City Administration Committee Meeting September 23, 2020 Page 2 WHEREAS, the City of Ithaca desires to advance the Project by making a commitment of 100% of the non-Federal share of Design, Right-of-Way Incidental, Right-of-Way Acquisition, Construction and Inspection; and WHEREAS, in November 2018, $2,172,000 (95% Federal and 5% Local Share) of BRIDGE NY funding was made available by New York State Department of Transportation for Project; now, therefore, be it RESOLVED, That the City of Ithaca Common Council hereby approves the above project, and be it further RESOLVED, That the City of Ithaca 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 all work for the Project or portions thereof, and be it further RESOLVED, That the City of Ithaca Common Council hereby agrees that the City of Ithaca shall be responsible for all costs of the Project which exceed the amount of the BRIDGE NY funding awarded to the City of Ithaca, and be it further RESOLVED, That the City of Ithaca Common Council hereby establishes Capital Project #863 in an amount not to exceed $2,172,000, and be it further RESOLVED, That this project be undertaken with the understanding that the final cost of the Project to the City of Ithaca will be 5% of project costs up to a total project cost of $2,172,000 and 100% of additional costs thereafter, and be it further RESOLVED, That funds needed for said amendment shall be derived from serial bonds, with understanding that these funds are available to the Project and that the final cost to the City will be $108,600, and be it further RESOLVED, That in the event of full federal and non-federal share cost of the project exceeds the amount appropriated above, the City of Ithaca shall convene as soon as possible to appropriate said excess amount immediately upon the notification by the New York State Department of Transportation thereof, and be it further RESOLVED, That City of Ithaca hereby agrees that construction of the Project shall begin no later than twenty-four (24) months after award and that the project shall be completed within thirty (30) months of commencing construction, 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 the necessary Certifications or reimbursement requests for Federal Aid and /or State-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 City Administration Committee Meeting September 23, 2020 Page 3 eligible Project costs and all Project costs within appropriations therefore that are not so eligible, 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, This Resolution shall take effect immediately. A vote on the resolution resulted as follows: Passed unanimously. 3. Finance, Budget and Appropriations 3.1 A Local Law to Override the Tax Levy Limit Established in General Municipal Law Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. Local Law No. 2020 - BE IT ENACTED by Common Council of the City of Ithaca as follows: Section 1. Legislative Intent It is the intent of this local law to allow the City of Ithaca to adopt a budget for the fiscal year commencing January 1, 2021, that requires a real property tax levy in excess of the “tax levy limit” as defined by General Municipal law §3-c. Section 2. Authority This local law is adopted pursuant to subdivision 5 of General Municipal Law §3-c, which expressly authorizes a local government’s governing body to override the property tax cap for the coming fiscal year by the adoption of a local law approved by a vote of sixty percent (60%) of said governing body. Section 3. Tax Levy Limit Override The Common Council of the City of Ithaca, County of Tompkins, New York, is hereby authorized to adopt a budget for the fiscal year commencing January 1, 2021, that requires a real property tax levy in excess of the amount otherwise prescribed in General Municipal Law §3-c. Section 4. Severability If a court of competent jurisdiction determines that any clause, sentence, paragraph, subdivision, or part of this local law or application thereof to any person, firm or corporation, or circumstance is invalid or unconstitutional, the court’s order or judgment shall not affect, impair or invalidate the remainder of this local law, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, or part of this local law or in its application to the person, individual, firm or corporation or circumstance, directly involved in the controversy in which such judgment or order shall be rendered. Section 5. Effective Date This local law shall take effect immediately upon filing with the Secretary of State. City Administration Committee Meeting September 23, 2020 Page 4 A vote on the resolution resulted as follows: Passed unanimously. 4. City Administration, Human Resources, and Policy 4.1 IURA – Temporary City Use of Cayuga Street Parking Garage Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, renovation and expansion of the Green Street parking garage (Green Garage) is scheduled for 2021 that will require temporary closure of the garage; and WHEREAS, the City of Ithaca executed a parking agreement to provide parking at the Green Garage for hotel guests of the downtown Ithaca Marriott hotel; and WHEREAS, the City Director of Transportation and Parking seeks to relocate a variety of parkers from the Green Garage to alternative public parking facilities during construction activity at the Green Garage site; and WHEREAS, the 685-space Cayuga Street parking garage (Cayuga Garage) has over 250 parking spaces available at normal peak demand times; and WHEREAS, the Cayuga Garage is owned by Community Development Properties, Ithaca, Inc. (CDP), whose governing board includes the Mayor and City Controller; and WHEREAS, CDP has developed a draft agreement to provide the City with use of 55 parking spaces at no charge to help the City fulfill its obligations under the Marriott hotel parking agreement during construction of the Green Garage; now, therefore, be it RESOLVED, That the Mayor, subject to review by the City Attorney, is authorized to execute an agreement substantially similar to the attached “Agreement for Temporary City Use of Cayuga Street Parking Garage” for temporary use of parking at no charge to the City. A vote on the resolution resulted as follows: Passed unanimously. 4.2 Proposed Inter-City Bus Permit Extension and Modification Moved by Alderperson McGonigal. Seconded by Alderperson Gearhart. WHEREAS, Section 346-31 of the City Code states that no bus shall operate, stop on or stand on any City street, nor shall such bus pick up or discharge passengers on any such City street or curb, or any other public property, or within 200 feet of any City bus stop in the corporate limits of the City of Ithaca, unless a permit is obtained from the Common Council or its designee; and WHEREAS, in September 2018, Common Council passed a resolution to allow the use of East Green Street as an intercity bus stop; and City Administration Committee Meeting September 23, 2020 Page 5 WHEREAS, staff prepared and executed agreements with the intercity operators for a 6-month trial period ending on March 31, 2019; and WHEREAS, on April 3, 2019, staff recommended that the Common Council conditionally renew the agreement until August 31, 2019, to allow for a full year of consideration of this site; and WHEREAS, in September 2019, Common Council passed a resolution to continue the use of East Green as an intercity bus stop increasing the rate from $5 to $15 per bus arrival or departure (but if the arrival or departure occurs within 30 minutes of the other, only one $15 per bus fee will be imposed), but asked staff to provide a report in 6 months detailing efforts to collaborate with other regional municipal officials; and WHEREAS, the coronavirus pandemic effectively discontinued bus service through the summer and shifted priorities away from the inter-city bus permits; and WHEREAS, current intercity bus companies permit agreements are in effect until termination, which must be upon no less than 30 days’ notice, but it is unclear as New York State continues to reopen which buses will be returning to regular operating service in Ithaca; and WHEREAS, it does not seem prudent to end the use of Green Street as the intercity bus stop at this time, but future conditions on Green Street are projected to limit the capacity to one bus during reconstruction of the Green Street Parking Garage; and WHEREAS, staff is exploring a potential drop-off only location on West Green Street and wishes to install a concrete pad at the location, if selected; and WHEREAS, staff continues to look for other suitable interim locations for intercity bus operations while planning for a long-term permanent location for an intercity transportation depot; now, therefore, be it RESOLVED, That Common Council approves the continued use of the Green Street stop on a first paid - first served basis to operators for which Common Council has authorized operation from the Green Street location (namely, Trailways, Shortline/CoachUSA, Greyhound, and FlixBus approved in February 2020) to accommodate the availability of one-space for bus operations and potentially one drop off space, until an alternate location or permanent solution can be found; and, be it further RESOLVED, That Common Council continues to authorize 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 Common Council authorizes establishing a drop-off only location at or near 115 West Green Street, and authorizes Public Works to expend up to $5,000 in permit fees for installation of a concrete pad; and be it further City Administration Committee Meeting September 23, 2020 Page 6 RESOLVED, That Common Council instructs city staff to continue to work on the conditions specified in earlier resolutions of Council to minimize disruption to riders and the community while continuing to provide this valuable service to the community; and be it further RESOLVED, That the Mayor and Senior Staff shall report to Common Council within six months regarding efforts to collaborate with other regional municipal officials to develop a long-term plan for inter-city services. A vote on the resolution resulted as follows: Passed unanimously. 4.3 DPW – 2021 Sidewalk Improvement District Moved by Alderperson Nguyen. Seconded by Alderperson Kerslick. Local Law No. ____-2020 A local law entitled “Confirmation of the Sidewalk Improvement District Assessments, Budget, and Schedule of Work for Fiscal Year 2021” WHEREAS Section C-73 of the City Charter creates five Sidewalk Improvement Districts (each a “SID”) for the construction and repair of sidewalk, and provides for an assessment against each property located in each SID for the benefits received by the property from said construction and repair, and WHEREAS the Board of Public Works has recommended a budget, schedule of work, and schedule of assessments for Fiscal Year 2021, subject to review, amendment, and confirmation by the Common Council, and WHEREAS Section C-73 provides that Council shall amend as appropriate and confirm the SID assessments, budget, and schedule of work after a public hearing, and WHEREAS the appropriate public hearing has been held, and Council has given due consideration to the comments made, if any, NOW, THEREFORE, BE IT ENACTED by the Common Council of the City of Ithaca as follows: Section 1. Legislative Findings, Intent, and Purpose. Pursuant to Municipal Home Rule Law Section 10(1)(ii)(c)(3) the City of Ithaca is authorized to adopt a local law relating to the authorization, making, confirmation, and correction of benefit assessments for local improvements. The Common Council has reviewed the assessments, budget, and schedule of work recommended by the Board of Public Works for Fiscal Year 2021, and makes the following findings of fact: A. The public hearing prior to confirmation required by Section C-73 has been held, and all owners of property subject to a SID assessment appearing to speak before Council have had an opportunity to do so. City Administration Committee Meeting September 23, 2020 Page 7 B. The attached schedule of work, as recommended by BPW and previously subject to review by Council, constitutes a set of local improvements, the cost of which should be assessed against the properties located in the SID in which the work is to be performed. C. The attached budget and the related assessments reflected on the assessment roll kept on file with the City Clerk are necessary to defray the cost of construction and maintenance of sidewalk in the City, and Council has made a legislative judgment that each property in each SID is being assessed in proportion to the benefit received by that property from the sidewalk construction and repair contained in the schedule of work. Section 2. Confirmation of the Assessments, Schedule of Work, and Budget. The Common Council approves and confirms the assessment roll, a copy of which is maintained in the City Clerk’s office, and the budget and schedule of work attached hereto, and imposes a lien upon each property so assessed as set forth in the assessment roll. In the event there are additional funds available following completion of the schedule of work, or changes to the work plan are required for financial, engineering, or other reasons, the Superintendent of Public Works or his or her designee may alter the schedule of work in his or her discretion, as instructed by the Board of Public Works from time to time; provided, however, that if such actions affect ten percent or more of any Sidewalk Improvement District’s annual levy, such actions must be approved by resolution of the Board of Public Works. Section 3. Severability Clause. Severability is intended throughout and within the provisions of this Local Law. If any section, subsection, sentence, clause, phrase, or portion of this Local Law is held to be invalid or unconstitutional by a court of competent jurisdiction, then that decision shall not affect the validity of the remaining portions of this Local Law. Section 4. Effective and Operative Date. This Local Law shall be effective immediately after filing in the office of the Secretary of State. A vote on the resolution resulted as follows: Passed unanimously. 4.4 Acceptance of Various Easements at the Former Emerson Power Transmission Site in South Hill Moved by Alderperson Kerslick. Seconded by Alderperson Gearhart. WHEREAS, Emersub 15, LLC (“Emerson”) is the owner of the South Hill parcel of land previously occupied by Emerson Power Transmission, identified as 620-640 S. Aurora Street, City tax map parcel 106.-1-8 and 810 Danby Road, Town tax map parcel 40.-3-3 (collectively the “Parcel”); and WHEREAS, Unchained Properties, LLC intends to develop the Parcel into a mixed-used district referred to as the Chainworks District Redevelopment Project (“Project”); and City Administration Committee Meeting September 23, 2020 Page 8 Whereas, the Project has undergone joint environmental review by the City and Town, and on March 26, 2019, the City Planning Board approved Phase 1 of the Project consisting of rehabilitation of existing buildings and hardscape and landscape improvements; and WHEREAS, Emerson and Unchained Properties, LLC have agreed to convey various public easements to mitigate potential environmental impacts to vegetation and fauna, public health and environment, transportation and circulation, open space and recreation and increases in impervious areas; and WHEREAS, the easements to be granted include three permanent easements (collectively “Easements”) that, together, will enable the City (potentially in conjunction with the Town of Ithaca) to construct and maintain, for public use, a multi-use trail called the Gateway Trail, intended to run from South Aurora Street to Stone Quarry Rd and beyond, connecting the South Hill Recreation Way and Black Diamond Trails; and WHEREAS, the Trail Easements are more specifically described as follows: 1. A permanent easement to the City for the portion of the trail, within City limits, upon the “OU-1” subdivided parcel, which parcel will be retained by Emersub 15, LLC for ongoing environmental remediation. 2. A permanent easement to the City for the portion of the trail, within City limits, upon the “OU-2” subdivided parcel, which parcel is intended to be extensively developed by Unchained Properties, LLC, including both primary and secondary trail easements, with said secondary easements included for purposes of providing alternative trail routing in the event that environmental remediation or construction activities require the temporary closure of the primary trail. 3. A permanent easement jointly to the Town and City for the portion of the trail, straddling the Town/City line, upon the “OU-2” subdivided parcel, but in the forested portion of that parcel closer to Stone Quarry Rd., which portion is not currently intended for development (other than the trail). and; WHEREAS, General City Law Section 20 empowers the City to accept, hold and administer real property within and without the limits of the city, and the Easements serve the public interest; now, therefore, be it RESOLVED, Common Council is supportive of accepting the Easements; and further be it RESOLVED, That the Mayor, upon the advice of the City Attorney, is authorized to execute documents required to memorialize and accept the Easements, which may include the terms of future maintenance and/or use, with said documents to be substantially similar to the attached Easements, provided, however, that the joint Town-City easement may be executed with such later, more substantial edits as agreed between the Town and Emersub 15, LLC, so long as such edits are acceptable to the Mayor, upon the advice of the City Attorney. A vote on the resolution resulted as follows: Passed unanimously. City Administration Committee Meeting September 23, 2020 Page 9 4.5 Removal of the First White Settlers Marker Moved by Alderperson Gearhart. Seconded by Alderperson Kerslick. WHEREAS, Dewitt Park is within the Dewitt Park Historic District; and WHEREAS, an historical marker in Dewitt Park, dedicated in 1933 by the Daughters of the American Revolution (DAR), purports to recognize the first White settlers in this area, though there is dispute over the historical accuracy of this claim; and WHEREAS, regardless of who were actually the first non-Indigenous settlers of this area, this area was already settled by the Haudenosaunee, who were ejected from this land through use of explicit violence, forced to sign unfair treaties, and who never received fair compensation for their loss; and WHEREAS, the marker reflects the DAR’s focus on White Americans and the promotion of an intentionally limited version of American history, a history that often marginalized the contributions of women, Black and Indigenous people and other people of color; and WHEREAS, as our community has become more socially and culturally aware in the decades after its installation, the marker has become a local symbol of exclusion, oppression, and injustice; and WHEREAS, this historical marker has generated numerous complaints and has been a magnet for vandalism; and WHEREAS, The History Center in Tompkins County will accept the plaque from the historic marker into their collection in the condition provided by the City; and WHEREAS, the Ithaca Landmarks Preservation Commission, at its meeting on September 15, 2020, granted a Certificate of Appropriateness for the removal of the historic marker, noting that it was installed after the period of significance (1820 – 1930) of the Dewitt Park Historic District; and WHEREAS, the choice of who is recognized in the stories we tell from history is a statement about who is valued and who is not; and WHEREAS, the City of Ithaca wishes to tell a more inclusive story of our region’s history; now, therefore, be it RESOLVED, that the City of Ithaca Common Council authorizes the removal of the First White Settlers historical marker from Dewitt Park; and be it further RESOLVED, that the plaque from the historical marker shall be donated to The History Center to be accessioned into their collection and used for future educational opportunities as they deem appropriate. Alderperson McGonigal made a motion to remove the 3rd Whereas. Seconded by Alderperson Nguyen. After discussion, Alderperson McGonigal withdrew his motion with the understanding that he would put City Administration Committee Meeting September 23, 2020 Page 10 in writing his suggested changes and distribute to Common Council members prior to the Council meeting in October. A vote on the resolution resulted as follows: Passed unanimously. 5. Discussion 5.1 Update on Commissions After Chairperson Mohlenhoff and Chief of Staff Cogan meet with the Commission Chairs to discuss how and when to restart the meetings of the Commissions, they will report back to this Committee. 5.2 Budget Process and Reminders The Committee talked about the budget process, the importance of having public comments even if the time must be limited due to the number of speakers, and the need to exercise restraint due to the tight and complicated budget. Chairperson Mohlenhoff stated that the budget meeting schedule will be sent to Common Council and department heads. 5.3 Staff Updates HR Department: At a future meeting, an update would be provided about the reinventing of policing. Controller’s Office: The proposed budget is being finalized for Common Council. 6 Meeting Wrap-up 6.1 Announcements Alderperson McGonigal stated that he would draft and distribute to Council for feedback a letter to the State Comptroller and the Governor. This letter would be in support of legislation for a retirement incentive program for municipal employees who are 50 years of age with 25 years of creditable service or who are 55 years of age with 10 years of creditable service. 6.2 Next Meeting Date: October 28, 2020. 6.3 Review, Agenda Items for Next Meeting. None. 6.4 Adjourn: With no further business and on a motion by Alderperson Gearhart, the meeting was adjourned at 7:37 p.m.