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HomeMy WebLinkAbout12-16-02 Budget & Administration Committee Meeting Agenda BUDGET AND ADMINISTRATION COMMITTEE MONDAY, DECEMBER 16, 2002 7:00 P.M. COMMON COUNCIL CHAMBERS AGENDA Statements from the Public Amendments to Tonight' s Agenda A. Common Council 1 . Chamberlain' s Office - Report B. Ithaca Downtown Partnership 1 . Proposed "Exhibit C" to be Added to Existing Agreement (15 min. ) 2 . Proposed 2003 Agreement (20 min. ) C. Building Department 1 . Building Department Fees Ordinance (15 min. ) D. DPW 1 . Any items from BPW meeting E. DPW - Water & Sewer 1 . Request to Establish Capital Project to Refurbish IAWWTP Primary Tanks - Resolution (15 min. ) F. Fire Department 1 . Emergency Management 2002 - Report (powerpoint) (30 min. ) G. Chamberlain 1 . Proposal for Consulting Services - Receivable Collection Software - Discussion (15 min. ) H. Common Council 1. Request to Appoint City Representatives to the Recreation Facilities Client Committee - Resolution (5 min. ) I . Reports 1 . Approval of November, 2002 minutes 2 . Mayor' s Report 3 . Council Members' Announcements 4 . Next Month' s Meeting: January 29, 2003? CITY OF ITHACA v~' 8 }� 108 East Green Street Ithaca, New York 14850-5690 s a� OFFICE OF THE CITY ATTORNEY Norma W. Schwab, City Attorney Telephone: 607/274-6504 ��RATEO Patricia Dunn,Assistant City Attorney Fax: 607/274-6507 Khandikile M. Sokoni,Associate Attorney MEMORANDUM r E C, 1 9 2002 To: Common Council 'By Steven Thayer, Controller From: Patricia Dunn, Assistant Ci _Att— ey Date: December 19, 2002 Re: Stallman Bequest Miriam Stallman was kind enough to leave a bequest to the City for a Rose Garden in Stewart Park in her Last Will and Testament. The Will has been in probate since 1998. The City learned that, unfortunately, the Estate is insolvent and there are insufficient funds to create and maintain a Rose Garden. The Trustee proposed that the remaining money, twenty-six thousand seven hundred seventy ($26,770.01) Dollars and one cent,be given directly to the City for landscaping and maintenance in Stewart Park. In order to avoid potential additional costs and expenses related to closing out the Estate after the end of 2002, the City agreed with the Trustee to conditionally accept the bequest,pending confirmation by Common Council at its January 15, 2003 meeting. As you might expect, I recommend that the City accept Ms. Stallman's kind bequest. I will be present at the Common Council meeting in January should you have any questions or concerns. 'An Equal Opportunity Employer with a commitment to workforce diversification." �«} RESOLUTION 2003- A resolution to accept a bequest from the Estate of Miriam Stallman for landscaping and maintenance in Stewart Park. WHEREAS,the City of Ithaca is one of the beneficiaries under the Last Will and Testament of Miriam Stallman, and WHEREAS,by terms of said Last Will and Testament,the Executor is directed to establish a Trust for the City of Ithaca in the amount of sixty thousand ($60,000) Dollars for the care and maintenance of a Rose Garden in Stewart Park, and WHEREAS, the Estate does not contain sufficient funds to open such a Trust and is insufficient for the creation, care and maintenance of a Rose Garden in Stewart Park, and WHEREAS, the Trustee of the Estate has proposed that the remaining funds in the Estate, twenty-six thousand seven hundred seventy($26,770.01)Dollars and one cent be distributed directly to the City for use in landscaping and maintenance in Stewart Park, and WHEREAS, the City has the power to accept bequests pursuant to Section C-4 of the Charter of the City of Ithaca, and WHEREAS,General City Law Section 20(3)provides that a City make accept such bequests upon such terms and conditions as may be prescribed by the donor and accepted by the City, NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Ithaca hereby accepts the bequest of Miriam Stallman, and BE IT FURTHER RESOLVED that said bequest will be used for landscaping and maintenance in Stewart Park, and K:\dune\Ugislation\StallmanResolution.doe BE IT FURTHER RESOLVED, that Common Council authorizes the Mayor to sign the necessary documents for acceptance of said bequest, and BE IT FURTHER RESOLVED,that through this resolution,Common Council expresses its gratitude to Miriam Stallman for her kindness and generosity to the City of Ithaca. K:\dunn\L.egislation\StallmanResolution.doc TONWKINS" I VESTWIEENT SERVICES December 9, 2002 " DEC 1 6 2062 The Honorable Alan Cohen C T City of Ithaca 108 East Green Street Ithaca,NY 14850 Re: Estate of Miriam Stallman Dear Mayor Cohen: The Tompkins Trust Company is the Executor of the Estate of Miriam Stallman. We are now in the process of closing the Estate. Quite some time ago, I met informally with you and attorney Mark Masler of Harris Beach in an effort to determine how best to handle this matter. According to Article 3.2 of the will, a copy of which is enclosed,the Executor is directed to establish a Trust for the City of Ithaca in the amount of $60,000.00 for the care and maintenance of a rose garden in Stewart Park. As we previously discussed, however,the Estate is insolvent and has $26,770.01 remaining for distribution; provided the Estate closes this year. If the Estate is able to close year, then additional costs and expenses will, likely be incurred. In addition, as you informed us, a rose garden does not currently exist in Stewart Park. Since the amount remaining in the Estate is insufficient to open such a Trust and it is likely insufficient for the creation, care and maintenance of a Rose Garden in Stewart Park, the Tompkins Trust Company proposes that these funds be distributed directly to the City for use in the landscaping and maintenance in Stewart Park. If such proposal is acceptable, please sign and return the enclosed Receipt and Release. Upon return of this document, the Estate will make the final distribution by check payable to the City-of Ithaca. I If you have any questions, or wish to discuss this further, please contact me at 607-273- 0037. Sincerely, Jo E. Butler Vice President a enclosures P.O.Box 6437 •Ithaca,New York 14851-6437• (607) 273-0037 •www.tompkinsinvestments.com SURROGATE'S COURT OF THE STATE OF NEW YORK COUNTY OF TOMPKINS ESTATE OF FINAL RECEIPT AND RELEASE MIRIAM STALLMAN, File No: 98-77-P THIS IS TO CERTIFY, THAT the City of Ithaca,with its principal place of business at 108 East Green Street, Ithaca,New York 14850, is one of the beneficiaries under the Last Will and Testament of Miriam Stallman, dated December 4, 1980, (herein referred to as the"Will"). The Tompkins Trust Company(herein the"Executor")was named under Executor under the Will. The Will was admitted to probate in the Tompkins County Surrogate's Court on April 21, 1998 (herein the "Estate"). Further,this certifies that the City of Ithaca has received from the Tompkins Trust Company the sum of$26,770.01. The City of Ithaca acknowledges receipt of the foregoing distribution as full payment and satisfaction of its share and portion under the Will which is due from the Estate, and in full payment and satisfaction of all claims and demands that it previously may have had against the Estate, either as beneficiary, distributee, creditor or otherwise. In consideration of the above distributions to the City of Ithaca by the Executor,the City of Ithaca hereby waives a judicial accounting related to all of the property in the Estate and does hereby release and forever discharge the Estate, with its Executors, from any and every claim, demand,action, proceeding and cause of action, account, liability or reckoning of every nature and on account of any and every matter and thing whatsoever arising from or in any manner relating to or connected with the Estate or with the administration thereof. The City of Ithaca also agrees to hold the Executor, and any of the Executors' authorized agents or representatives,harmless and indemnify each of them from and against any and all damages, including attorney's fees, costs,disbursements, or expenses, arising from the defense of any and every claim, demand, action,proceeding or cause of action by me that may be in way related to the Estate. IN WITNESS WHEREOF,the City of Ithaca has hereunto set its hand and seal this i day eolpa CITY OF ITHACA By: Pai )&nt4l, Its: dr,�!!4 Mme . STATE OF /y �� Y �C Q ) COUNTY OF'—J ooir r p k i os ) SS.: C, On the day-at �n in the year 2002,before me,the undersigned, personally appeared (�- (�Uc-- �k n's" ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name(s)ris subscribed to the within instrument and acknowledged to me that l /she/oley executed the same in W/ /her/t apacity(ie<and that by_bi /her/#wrr signatureon the instrument,the individualK, or the person upon behalf of which the individuals f acted, ecut ent. of Public Notary Public,f State oN New York No. 4948393 mCommission Expires March 20,County 0� 3 IN THE �} 4 DOWNTOWN PARTNERSHIP December 11, 2002 TO: Budget &Administration Committee FROM: Gary Ferguson RE: OVERVIEW OF CITYBID MOU DISCUSSION We have scheduled time at the December B&A Committee meeting to discuss the City/IDP memorandum of understanding. This document was originally approved by both parties in 1997 as the formal document defining the relationship between the City and the BID State law requires that BIDS provide "supplemental" services over and above general municipal services. It is the intent of New York State BID law to give property owners a mechanism for improving their own district by agreeing to fund additional services not provided by their city. Care was taken, however, to ensure that municipalities could not simply cut back on normal and usual services to a district. Such a tactic would be paramount to double taxation for the same services and the Legislature was clear that this problem was to be avoided. To address questions of what is basic and what is supplemental BIDS typically enter into MOUs with their municipality that define base line services. The 1997 CityBID MOU lists the responsibilities of both the IDP and the City, as well as attempts to provide a schedule of baseline services,primarily for public works and public safety. After six years of collaboration, we have discovered that some of the 1997 interpretations are vague and hard to define. Appendix "C"represents an attempt by the BID to clarify the various service elements so that City officials and downtown constituents all know and understand the level of service being provided. I am meeting with Acting Chief Signor and Public Works Superintendent William Grey prior to the B&A meeting to review the content of Appendix "C". Collectively we will identify issues that need resolution or negotiation. I will present these issues to the committee on December 16. Among the topics we will undoubtedly cover are: Center Ithaca PMB 136 • 171 East State Street • Ithaca, New York 14850 607/277-8679 • Fax 607/277-8691 E-mail: ithaca @lightlink.com www.downtownithaca.com - Downtown landscaping and the BID Ambassador program; Frequency of sidewalk and garage cleaning/litter patrol; Frequency of repair and maintenance of Commons infrastructure; BID sanctioned special events; - Holiday lighting/decoration; Frequency of police detail/coverage in downtown; Use of the satellite station; and Interpretation of Commons rules and regulations. We intend to use December 16 as an opportunity to discuss issues,with an eye toward eventual approval of some form of Appendix "C". I have attached a copy of our original version of Appendix "C". You will receive a summary of discussion was Acting Chief Signor and Superintendent Grey at the meeting. APPENDIX"C" SERVICE PROVISION DEFINITIONS 1. Clean Public Streets, Fixtures and Areas: This shall refer to the following annual program of work: Litter Patrol: Base level litter cleaning services shall mean seven-day a week handibroom pick-up. This litter clean-up shall occur on primary and secondary Commons (Commons plus the 300 Block of East State, the 100 Block of West State, the 100 Block of North Aurora,the 100 Block of South Cayuga and the 100 Block of North Cayuga). Service shall be provided during non-snow periods. Service shall be provided during early morning hours prior to retail store and office openings. Litter patrol shall also include planters, bus shelters and pavilions. Sidewalk Sweeping: Base level sidewalk sweeping shall mean seven-day a week machine service to pick up litter, dirt and debris in the public right-of-way. This service shall be provided on the primary Commons and undertaken during non- snow periods during early morning hours prior to retail store and office openings. Garage Cleaning: Base level garage cleaning shall mean seven-day a week hand/broom pick-up of litter and trash at both the Seneca and Green Street garages and Woolworth lot. Service shall be provided during non-snow periods in the morning hours prior to primary hour utilization times. Stairwells and elevators shall be cleaned in the early morning prior to normal office worker utilization. Garage Sweeping: Base level garage sweeping refers to machine sweeping of garage surfaces and parking lots at least three time per week during non-snow periods. Sweeping should be done at times when parked cars are at a minimum. Snow Removal: Base level service provision means machine plowing, hand shoveling and timely removal of snow piles from City-owned and managed public areas in the BID district, including the Commons, Home Dairy Alley and rear sidewalks, City Hall Plaza, City parking lots and garages and bus stops. 2. Neighborhood Policing Officer: Base level service means the assignment of at least one full-time neighborhood policing officer to downtown (BID district) work. This officer will spend their full-time assignment engaged in downtown safety activities. 3. Police Officer Patrols: Base level service means the provision of at least 8,760 hours of walking patrol and at least 771 hours of automotive/car patrol assigned specifically to the downtown (BID district) geography. 4. Collect and Remove Trash: Base level service shall mean the collection and removal of trash from downtown public trash receptacles on a seven-day a week basis throughout the entire year. 5. Collect and Remove Recyclable Trash: Base level service shall mean the collection and removal of recyclables from public receptacles in the BID district at least one each-week throughout the year. 6. Clean, Maintain and Repair Public Streets, Fixtures and Areas: Base level service provision means repair and replacement (not simply removal)within the BID district, as needed, of the following: Broken or lost paving/sidewalk bricks; - Broken, burnt or lost light bulbs from pavilions or pedestrian lights; - Broken, heaved or cracked pavement or concrete that could cause bodily harm to a pedestrian; - Broken or heaved tree grates; - Broken bike racks; - Broken, non-operable water fountains; - Light pole banners and bracket hardware; - Pavilion roof cleaning and re-painting; - Graffiti removal on all public property plus private property where - property owners fail to remove graffiti; - Street and sidewalk repair; - Clock tower repair, including but not limited to maintaining appropriate time and temperature; - Kiosk poster stations; - Light pole re-painting; - Repair to parking garage lights, stairwells or elevators; - Power washing under tree grove as needed. Base level service shall also mean at least annual maintenance of the following items: Bench re-painting; Commons concrete surface power washing. 7. Maintain landscaping of public areas: Base level service provision means the following: At least annual tree trimming and pruning for trees in the BID district; Fall planter bed cleaning for all planters on the primary and secondary Commons (Commons plus the 300 Block of East State, the 100 Block of West State, the 100 Block of North Aurora, the 100 Block of South Cayuga; the 100 Block of North Cayuga and the triangle beds at the Aurora and State and the Green and State intersections); Spring planter bed preparation and planting of both annuals and perennials as appropriate; Summer planter bed watering on both the primary and secondary Commons. Frequency shall be determined be the weather,but shall be sufficient to ensure health plant growth. Weed control for planters,trees grates and planter walls during the growing season. 8. Provide Electrical Service: Base level service provision shall mean the following: Ensuring that downtown/Commons electrical service is operable for public fixtures at all times and for downtown special events and holiday lights. Ensuring that light bulbs in public fixtures are replaced as needed; 9. Special Event Services: Base level service provision shall mean providing appropriate staff resources for downtown special events including, but not limited to: - Extraordinary trash removal during festivals; Electrical system maintenance during concerts and events; Public safety service provision during special events. It is understood that these events will generally occur outside of normal shift hours and will require re-assignments or adjustments to work schedules. 10. Holiday Lighting: Base level service refers to the installation and removal of holiday tree lighting to trees on the primary and secondary Commons (including, but not limited to, Cayuga and Aurora Streets). Lights shall be installed prior to the annual Santa arrival ceremony in late November. ' s • EXHIBIT B- 1997 CITY ANNUAL BASE LEVEL SERVICES REPORT J Hours of Service POLICE DEPARTMENT Patrol Officer-Walking Beat 8,760 Neighborhood Police Officer-NB#12 1,808 Patrol Officer-Patrol Car 771 Subtotal 11,339 DEPARTMENT OF PUBLIC WORKS Trash Removal Removal of Trash&Recyclables from Public Containers 70 Trash Pickups 624 Subtotal Trash 694 Maintenance of Commons/Green Space Commons -Primary, Secondary, Garages 4,922 Tree/Landscape Maintenance 80 Street Furniture 24 DeWitt Park Maintenance 112 Subtotal Maintenance of Open/Green Space 5,138 Parking System- Operations/Maintenance Green Street Garage 614 Seneca Street Garage 2,543 Parking Lot"D".(Woolworth Lot) 2,453 Subtotal Parking System 5,610 Street Repair Winter Pothole Patch 36 Milling/Street Patching 48 Curb/Gutter Repair 120 Street Paving 128 Strom Sewer Cleaning/Maintenance 240 Storm Sewer Repair 72 Snow Removal/De-Icing 224 Subtotal Street Repair 868 Special Events Christmas Lighting 200 Parades 24 Subtotal Special Events 224 PLANNING DEPARTMENT & CITY CLERK Process and Issue Commons Use Permits 104 Respond to Public Regarding CBD Maintenance& Services 52 Staff Support for CAB and A&DPS, Design Review(72,12,18) 102 Subtotal Planning & Clerk 258 TOTAL 1997 CITY BASE LEVEL SERVICES 24,041 F:\MG\COh'TRACT\BASELEVE.MEM April 21,1998 7 PROPOSED 2003 AGREEMENT BETWEEN THE CITY OF ITHACA AND THE ITHACA DOWNTOWN PARTNERSHIP This agreement, dated , is by and between the City of Ithaca (City) and the Ithaca Downtown Business Improvement District (District), Inc., dba Ithaca Downtown Partnership (Partnership). ARTICLE I PAYMENT IN LIEU OF ASSESSMENT As per this Agreement with the City,the Partnership agrees to: Develop, implement and promote an annual special events and promotional calendar. The marketing plan for these events will include local and regional advertising. "Regional"is defined as the area outside Tompkins and Cortland Counties. - Develop and implement an ongoing local and regional marketing campaign designed to promote the unique qualities of the District as a place to live, work do business, attend events, and/or purchase goods and services. The campaign will use traditional methods such as radio, television and newspaper advertising, as well as methods such as billboards,brochures and maps. - Establish,maintain and promote programs that offer access to technical and financial assistance to businesses within the District. These programs might involve coordination of resources provided by others including,but not limited to,the City's Department of Planning and Development, Ithaca Urban Renewal Agency, Tompkins County Area Development, and the Tompkins County Chamber of Commerce. Establish a database of existing vacant commercial space within the District. The database will be developed in coordination with the City's Department of Planning and Development. Develop a marketing package that identifies the District's trading area, market characteristics, and other attributes for use in contacting prospective businesses. - Regularly market the District to local, regional and national retailers, service providers and commercial businesses. The City agrees to make an annual payment of$20,000 plus a proportional increase equivalent to any approved 2003 increase in the Partnership assessment level, to the Partnership for the services listed in Article I. The City recognizes that this payment does not represent the full cost of these services. The payment is intended to be the City's annual contribution toward the cost of these services,made in lieu of the special assessment that is paid by all other owners of commercial property located within the District. ARTICLE Il 2003 CONTRACT FOR BASIC SERVICES As per this Agreement with the City, and in consideration of the compensation described below, the Partnership hereby agrees to accept and perform the following Basic Services within the District on behalf of the City during the calendar year 2003. This acceptance is subject to the terms, conditions and definitions outlined in the Base Level Services Memorandum of Understanding(MOU)that exists, as amended,between the City and the Partnership. - Serve as the clearinghouse for downtown activities,programs,projects and development initiatives; - Prepare a 2003 Work Program outlining the tasks and activities of the IDP during calendar year 2003. These work elements will be derived from the "2000-2010 Downtown Development Strategy"; - Compile and maintain a database of all existing District commercial tenants, including but not limited to retailer and office businesses; - Plan,promote and staff six (6) special downtown events; - Post,update and maintain maps and tenant directories for the District in the three clock towers; - Devise and undertake a tourism marketing program for downtown Ithaca; - Devise and undertake a student marketing program for downtown Ithaca; - Devise and undertake a convention marketing program for downtown Ithaca; - Plan and implement a public arts program for downtown Ithaca; - Organize and manage a summertime outdoor public dining program; - Manage a business retention and extension program aimed at both retaining existing businesses and assisting in business expansion; i Undertake a business attraction and recruitment program designed to fill both retail and office space; Serve as the catalyst for project development for new downtown development initiatives including,but not limited to,retail, office and housing development; Serve as a catalyst for the redevelopment of three key target properties/parcels to be identified in the 2003 Work Program; Construct and maintain a downtown Ithaca web site for public utilization. Provide and distribute information to businesses and visitors and otherwise respond to inquiries about downtown business activities and events. The City acknowledges that it remains the point of contact for any public complaints about the delivery of any basic services as described in the MOU. The City agrees to make a 2003 annual payment to the Partnership of$18,500,plus a proportional increase equivalent to any approved 2003 increase in the Partnership assessment level, in exchange for performing the Basic Services itemized in Article II. ARTICLE III 2003 CONTRACT FOR ADDITIONAL SERVICES As per this Agreement with the City, and in consideration of the compensation described below, the Partnership hereby agrees to perform the following additional services within the District on behalf of the City during calendar year 2003. This agreement is subject to the terms, conditions and definitions outlined in the Base Level Services Memorandum of Understanding(MOU) that exists, as amended, between the City and the Partnership. (a) Downtown Landscaping Program Coordination Among the basic services outlined in the MOU is the provision of landscaping for the primary and secondary Commons. The City has had difficulty fulfilling its commitment to downtown planting and landscape maintenance in recent years due to staffing limitations and funding. Should the City not be able to provide these services, the Partnership will undertake the following additional services in exchange for the compensation described below: - Service to be provided to the following geographic area: The Commons plus the 300 block of East State, the 100 block of West State, the 100 block of North Aurora, the 100 block of South Cayuga; the 100 block of North f Cayuga and the triangle beds at the Aurora and State and the Green/Seneca and State tuning fork intersections; - Service will be provided to 15 Primary Commons planters and 14 Secondary Commons locations. The IDP will coordinate the Downtown Landscaping Program on behalf of the City, in consultation with designated City staff. The Program will consist of four principal parts: Spring Preparation, Spring Planting, Maintenance, and Fall Close-Down. In Spring Preparation, the IDP will rake beds, remove litter, trim perennial flowers, and add soil and fertilizer as needed. In Spring Planting, the IDP will plant new perennials, reconfigure and reorganize existing perennials as necessary and plant seasonal summer flowers. - During the Maintenance phase, the IDP will water planter beds on both the Primary and Secondary Commons. Frequency shall be 2-3 times per week for the period June 1 through September 30, determined by the weather. The IDP will also weed weekly or more frequently as needed, check and clean beds daily, re plant damaged plants as necessary, and fertilize as appropriate. - Fall Close-Down consists of planting bulbs for spring, cutting and removing dead summer plant growth, and planting fall seasonal flowers. The Partnership will organize and manage this effort on behalf of the City. The City shall provide trucks for debris removal and planting as needed, shall assist the Partnership in providing access to water as needed, and will provide soil,fertilizer and mulch as needed. The IDP will purchase and procure plants and flowers, estimated for 2003 at $2,000 for summer and$1,000 for fall. The total cost of this service, including plants, is $25,800.. (b) Downtown/Commons Capital Improvement Contract Services Providing staff support to oversee and manage downtown and/or Commons capital improvement project planning and implementation is a time consuming task for the City. Should the City determine that its staff resources could be better utilized on other projects, the Partnership will agree to undertake project services for the City, subject to the compensation noted below: Work with the City to determine the project scope and a preliminary budget; - Convene appropriate City departments and other stakeholders to review issues related to the project; Draft appropriate requests for proposals for the project; Solicit bids from design service or engineering firms as needed; Work with design firms) to prepare concept plans and drawings for desired capital improvements to the Primary and Secondary Commons including costs, renderings and concept plans. Completed programs will be submitted to the City for review and approval; Work with design firms) to prepare schematic and construction drawings, bid documents and bidding of phased work; Provide project management and oversight as needed and appropriate. As needed, the Partnership will procure the services of independent consultants to assist in project activities. In all instances, the Partnership shall work with City Planning and Public Works Department staff to ensure appropriate input and review. The Partnership will provide project coordination and oversight, convening meetings with City staff and affected businesses. Payment for this service will be provided on a case by case basis. Contracts for each project will be on a cost plus basis. The City would receive an estimate of time and cost associated with the management of each project,factoring in reasonable time for routine meetings and management. Personnel unit costs will be clearly described in the estimates. The Partnership will add an administrative fee of 2%of total project cost to cover Partnership time and expenses its for supervisory role. Costs of actual design services and capital improvements will be covered by capital funds already authorized by Common Council. This service could alleviate overburdened City staff and accelerate the implementation of downtown capital projects. ARTICLE IV PAYMENTS Payments due and payable under this Agreement will be made in the same manner as the payment of District assessments that are collected and transmitted by the Department of Finance. ARTICLE V DISPUTE RESOLUTION In the event of a dispute between the City and Partnership with regard to compliance with, or interpretation of, the provisions of this Agreement,the parties shall make reasonable efforts to resolve the dispute by mutual agreement. The matter shall be referred to the Common Council to act on behalf of the City of Ithaca. If the parties are unable to reach a resolution by mutual agreement,both parties consent to refer the matter to mediation by a mutually-acceptable mediator. If mediation does not resolve the S disagreement,both parties consent to submit the matter to binding arbitration in accordance with rules of the American Arbitration Association. In Witness Whereof,the parties hereto have caused this Agreement to be duly executed, sealed and delivered as of the day and year above. The City of Ithaca By: Alan J. Cohen,Mayor Ithaca Downtown Business Improvement District, Inc. Dba Ithaca Downtown Partnership By: Marie Smith, President CITY OF ITHACA THE ITHACA DOWNTOWN PARTNERSHIP MEMORANDUM OF UNDERSTANDING ISSUESTO DISCUSS December 16, 2002 Overall 1. The 1997 MOU has been a steady guide for both parties. Six years have passed since the MOU was signed and there is a need to re-look at the contributions of both parties, given the growth of the downtown and the budgets of both organizations. Public Safety 1. The Police Department is not currently able to provide the level of service shown in the 1997 MOU. 2. The Neighborhood Police Officer for downtown has been eliminated. Other Neighborhood Police Officers for Northside, Southside and the West End have been retained. 3. The Commons beat is a difficult one because it involves a great deal of interaction with the public. There is a need to make the beat a more desirable assignment. The Commons has additional rules and regulations that make the beat even more challenging. Public Works 1. The Public Works Department appears to be meeting and exceeding 1997 MOU hours for most line items. 2. The Public Works Department will be reviewing appendix"C"to be certain that the services described meet actual services delivered. In general,the match appear to be accurate. 3. Crews do an excellent job with cleaning and snow removal tasks. 4. Garage stairwell cleaning is one area with uneven service. 5. Trash and recycling materials removal is handled smoothly. 6. The repair and maintenance of downtown fixtures, streets and plaza is also uneven. A system or process to identify problems should be considered. 7. Staff cut backs have hampered City efforts to cut horticulture services in downtown,particularly the Commons. Much of the summer planting and flower maintenance is done by the IDP and affiliated organizations such as Cornell Cooperative Extension. The IDP has pieced together a program for providing a higher level of horticultural service to downtown, but will need City support to meet matching fund requirements. 8. Special events have grown and the Public Works Department and the IDP will meet to review service provision and discuss ways that each party can assist the other. 9. The IDP and the Public Works Department will meet to discuss alternative ways to augment holiday decorating, including reducing holiday lighting and replacing it with other easier to install decorations. pC C� I� � L� C� 1 oEFc 0 2002 ORDINAN �CE NO. -2002 AN ORDINANCE AMENDING SECTIONS 146-7.C.(2)(a)[4], 210-43, 290-15, 325-10.B.(1)(h), AND 325-40.B.(2)(d) OF THE CITY OF ITHACA CODE Whereas, the Budget and Administration Committee has reviewed and recommends the Building Department fee schedules for housing, building, and zoning services, and Whereas, the Budget and Administration Committee has determined that the fees do not accurately reflect the actual cost of Building Department services, NOW THEREFORE BE IT ENACTED by the Common Council of the City of Ithaca as follows: 1. Section 146-7.C.(2)(a)[4] (Building permit fees) of the Ithaca City Code is hereby amended as follows: [4] Other inspections and fees related to building construction: Building permit renewal. $25 eF 0 of the or-iginal building pefmit fee, whiehever-is Building permit renewal: $30 or 10% of the original permit fee, whichever is larger. Building permits can only be renewed once. Plan review and consultation for proposed projects and/or protects in which a building permit is not ready to be applied for: $35/hour. 2. Section 210-43.D. (Certificates of Compliance) of the Ithaca City Code is hereby amended as follows: D. The fee for a certificate of compliance shall be based on the following: (3) Home owners wishing to procure a Certificate of Compliance for their house for purposes of selling the building will be assessed a service charge of$100 for a single family owner-occupied home and $150 for a two family owner-occupied dwelling Fees for such service include filing fee, housing inspection fee, an electrical survey "defects removed" letter from the City's Electrical Inspection Bureau. 3. Section 290-15 (Lot Line Adjustment Fees) of the Ithaca City Code is hereby amended as follows: A. Application fee. In order to defray the costs of subdivision application processing and review by city staff and agencies, an initial application fee will be charged according to the following schedule: (1) Let line ad j us t�x e r r ti $50. (1) $100 for one- and two-family lots, $150 for all others. 4. 325-10.B.(1)(h) (Accessory Apartment fee) of the Ithaca City Code is hereby deleted as follows: (h) M phe atie fee o f$15 5. 325-40.B.(2)(d) (Zoning fees) of the Ithaca City Code is hereby amended as follows: (d) Fees. The appellant shall, at the time of filing the appeal,pay to the Buildin Commissioner-a fee ef$75 to help defray the eest of the required legal notiee and e ineidental expenses. However-, the owner- eeoupant of residential pr-epet4y on whieh leeated no more than two dwelling units shall pay a fee of$50, and an offieef e fequired to pay said fee. (d) Fees: Area variances for deck or swimming pool: one- and two-family dwellings $50; all other area variances for one- and two-family dwellings: $100. Area variances for multiple residence buildings, commercial properties, or sign variances: $150. Appeals of commissioner's interpretation: $150. All use variances: $300. Special permit applications for accessory apartments, bed&breakfast homes, and home occupations: $100.All other special permit applications (including bed &breakfast inns): $150. 5. Effective Date. This Ordinance shall take effect immediately in accordance with law upon publication of a notice as provided in the Ithaca City Charter. ��-�,..• ���'' CITY OF ITHACA V= �'•� 108 East Green Street Ithaca, New York 14850-5690 o� COA `�� OFFICE OF THE CHAMBERLAIN '�..••• df PoI111�0 Telephone: 607/27 -6580 Fax: 607/272-7348 � � 1U Q FE! DEC, 1 `► 2002 By -_ TO: Budget and Administration Committee - FROM: Debra A. Parsons, City Chamberlain RE: Proposal for Consulting Services-Receivable Collection Software DATE: December 6, 2002 The City needs to look at its receivable collection software. We collect taxes, water and sewer rents, building department certificate of occupancy fees,recycling and trash violations, master fire box fees, sidewalk assessments, and parking tickets as receivables. Invoices are created in various departments, in every case using department specific software. The Chamberlain's office has a collage of software and programs to handle the collection of the prepared invoices, from transcription of hard copy to flat and relational databases. None of the databases "talk" to each other. The opportunity to improve processes and efficiency is limitless. The opportunity to improve our bottom line is real. We are at a critical point with certain parts of the existing systems and software. Larry Fabbrom has delayed the purchase of new radio-read water meters for a number of years now, even though the money is encumbered. Larry is not interested in connecting the new meter reading system to our current Munis software,because this software has a history of failures. A list of examples of Munis software failures is attached. In addition, the water department uses an Access database for inventory control and invoice creation. This database is unique to water and sewer, is solely supported by a water and sewer employee, and does not connect to our software, or to the software of other departments. The water department built their own solution for invoice creation because there was such a void in our receivables software. It is also clear to us that any solution for water and sewer billing should be at least compatible with, if not part of, tax collection and lien processing software. We should be able to easily identify all bills and liens against a property regardless of the originating department. We should be able to use our most up- to-date owner's information(from our quarterly billed water and sewer system) for all of our other billing. Both the Water and Sewer Department and the Chamberlain's office have been looking at various software solutions, but if we believe that the solution should incorporate processes from other departments, then a different approach is warranted. We need to: • Bring individuals from those departments that create bills to the table, to identify the unique and the common needs of any solution. • Identify opportunities for common database development- for owner and tenant information, billing codes, physical property attributes- and integration with existing GIS technology. • Review and map processes, and align them across departments when appropriate. "An Equal Opportunity Employer with a commitment to workforce diversification." 1w. • Develop opportunities to review and share best practices between departments and with outside agencies and to benchmark. • Ensure that the solution we recommend for purchase is the best available for the dollars spent, and that we do not buy systems that are not fully utilized or that do not meet our needs. • Make sure the individuals completing this groundwork have the appropriate expertise, and the time and resources to devote to it. Duane Twardokus and I have met a number of times to strategize, and in doing so, had an opportunity to speak to representatives of IBM. They have presented a proposal to assist us. The proposal is attached. IBM is a state contract vendor for consulting services. They are not an end-market vendor for software, so presumably would not have a vested interest in any one solution over another. They have already-developed lists of best practices for municipal and receivable solutions, and can provide valuable assistance in benchmarking. Duane has identified funding for this project, from the existing capital project. No additional funding for this part of the project is required. Should IBM recommend purchase of new software, we will need to come back to Common Council for approval. It may seem an inappropriate time to consider this, in light of the recent budget struggle, but we are under some pressure to make changes to the existing software. We are experiencing failures in current systems, such as the water billing system. We have identified inefficiencies in existing databases, such as the difficulty in consistently using the most up-to-date owner information for billing. Many of the existing systems do not integrate with our growing GIS systems. We cannot provide Web-based information nor accept payments. As we delay, other departments continue to build and to buy their own stand-alone solutions, difficult to integrate with our systems. Horror stories abound,both in government and the private sector, about implementations of enterprise system software. Success is not a given when preparation is insufficient. The City of Ithaca has its versions of these horror stories for department specific software. If we are going to attempt to develop cross-departmental solutions, it is imperative that we prepare properly. Even if we determine that we cannot afford to implement a full receivable collection system, the parts relating to water and sewer will be valuable, and will allow us to evaluate alternatives with the bigger picture in mind. Too, we can use the process and the outputs as a model to develop other software and systems solutions. ISSUES WITH MUNIS SOFTWARE FOR RECEIVABLE COLLECTION 1. Although recently corrected, for four years, we could not extract consumption data for water billing. During the four-year period, I used summary reports generated by the software to estimate consumption to establish rates. This year, we were again able to extract the raw data. It is significantly different than the figures from previous years and from the current year, if I use the summaries produced by the software. I have no idea why. 2. Early 2000,we were in the process of converting utility billing from the COBOL software to the Informix database. We were not able to complete the process because our server was not sufficient for running utility billing. During testing, it took hours to process 25 water bills. Munis had done file conversions for us though, in anticipation of the move. We had to pay for those conversions. We also received and paid for training. The Munis Informix utility billing software is so complicated that no one could test it within days of the training. We then waited almost a year for the new server. By then, Munis was telling us they wanted to be paid for the conversion again, and we will definitely need training again, should we decide to use their Informix-based software. The COBOL-based software ultimately will not be supported, so we will need to look at other solutions. 3. The December 2002 water bills had serious errors. The amount of the water bill was either five or six times the corresponding(and correct) edits and proof. The error was caused because a person in the office was looking at an account while someone else was posting the December 1 bills. It caused a record lock error. Normally, closing the inquiry should have allowed the process to continue. It didn't. Munis support told us to try few a times, before they told us to bring the system down and back up, done after hours that day. The next morning, the billing was re-run. Later that afternoon, we discovered that, although all of the edits balanced, and the account details looked right, account summaries showed grossly over-billed water amounts. The amount of the water bill had been added every time the process was run. We had to restore a back up a couple of days old, and re-enter all activity from the previous two and a half days. Had we not accidentally discovered this, we would have been in an out-of-balance condition and could have mailed 1700 individual bills that were incorrect. And then,we would have had to restore the same back-up, and re-enter all work from that time forward, including re-running and re-mailing all of the bills. 4. The odd-even parking rules began again on November 1. Police officers began to hand-write tickets. We started to enter and post them. We soon discovered that all manually entered parking tickets that should carry a fine as the second offense in a twelve-month period are posting as zero due. This is a bug in the newest version of the software, an update we installed sometime late this summer. I reported this to Munis on or about November 18th. The call is still open. I have been told there is a work-around that involves entering the ticket, changing the violation code to the up-charge, updating the ticket,then changing it back, and updating the ticket, an unacceptable "fix"when we are talking about entering thousands of tickets. The problem has been sent to Munis development,with no indication how long before it can be fixed. To make matters worse, someone at Munis was logged into the system as an administrator while working on this issue on November 27th. He accidentally started to delete the database. We had to restore a prior day's back-up, and re-enter all work for that day. We then discovered that the spool directory was not backed-up. Print jobs sent to the spool directory were not available from the back-up, and we had some data that remained from the database dump. The whole issue has cost the city money. Any overtime meter tickets or overtime zone tickets manually entered to the database after the last software update posted as zero due. We are now delaying the entry of the tickets for odd/even violations that have been written during the past month. The delay will affect our ability to collect the tickets, as students are going home. 5. The City of Auburn uses the Munis tax collection module. The Comptroller for Auburn,Bea O'Hara, told me that they were ready to pull the plug in May, but delayed on the basis of promises made to them by Munis. They continue to have service issues. They feel that using the Munis software is more work, not less, and provides less information than their previous system. Ms. O'Hara does not believe that Munis tax collection software will ever be what they need. This module has only been available for New York State municipalities for a year or so. We do not own it. We would need to purchase it. The software uses the customer number as the primary key-not the parcel or tax map number. Consequently, creation of each year's tax roll creates a whole new set of customer numbers. Prior year liens and other liens, such as water and sewer bills, will,by design, have different customer numbers even though they are liens on the same property, conceivably the same name and address,because the parcel number is not the key. We could have dozens of customer numbers for the same person at the same address- one for each type of bill, and for each year's import. Or, we could have a different owner for a property, depending on where we look-utility billing, tax collection, or our miscellaneous receivable billing. 6. In Munis, there is no way to look up the owner of a property"on the fly" during the creation of an invoice for a miscellaneous receivable. In order to find the customer number, you must know the customer's name. There is no property table. All attributes are attached to the bill, not to the property. W � International Business Machines Corporation November 6, 2002 Consulting Services Statement of Work Ms. Debbie Parsons Chamberlain 108 E. Green Street Ithaca, NY 14850 Dear Debbie: It was such a pleasure meeting with you and Duane. We are pleased to respond to your request for Consulting Services. You have described to IBM the City's need for assistance in the evaluation and selection process to replace your existing revenue system, which is actually a combination of systems and manual processes. IBM will provide you with consulting services that will focus on gathering solution requirements, developing an RFP, developing demonstration scripts and producing a Case for Change report. In addition, IBM will provide consulting services after the City has reviewed RFP responses and conducted vendor demonstrations to assist the City evaluate the vendors and facilitate the final vendor selection process. These consulting services will be based on our intellectual capital that has been gathered during numerous types of similar engagements. The consulting services will consist of the following activities: 1. Develop an understanding of the business processes that must be supported by the utility billing, tax collection and accounts receivable systems utilizing the IBM Advisory Tool. Task: Conduct up to 4 work shops/interviews in order to document the business process and/or functional areas that must be supported by the new system. Business processes included in this task include: • Utility Billing • Miscellaneous Receivables • Tax Collection Output: High-Level Business Process Maps. 2. Create a matrix of critical functional requirements needed to support the business processes defined by the Business Process Maps. Task: Utilize the information gathered during the Business Process workshops to create a list of functional requirements expected to be supported by the new solution. The requirements will then be sent out to the City team for validation and will be revised based upon feedback received. Output: Functional Requirements Matrix. _ 3. Develop a Decision Model that will assist the City evaluate potential software vendors. Task: Conduct one meeting in order to develop and document the evaluate criteria contained in the Decision Model. Output: Decision Model. 4. Provide recommendations to the City in the development of their Request for Proposal for the software. Task: Review the content of an IBM supplied RFP template to determine recommended contents of the City's RFP. These templates will include the RFP body, cost templates, reference templates and a technical questionnaire. Output: Recommendations for RFP content. 5. Develop demonstration scripts that will be followed by vendors to demonstrate the functionality of their solution. Task: Develop functional scenarios and technical questions specific to the City's requirements. The team will distribute the scripts to the team and will conduct one review meeting. The scripts will then be updated based upon feedback received. Output: Demonstration Scripts. 6. Develop a Case for Change Report. Task: Develop a presentation that will document the project activities and include potential opportunities and high-level costs of a new solution. Deliverable: Case for Change. 7. Provide assistance selecting the preferred solution. Task: Assist the City evaluate the results of the RFP responses and the demonstration scores. Facilitate one session where the City will complete the Decision Model and identify the preferred solution. Output: None. IBM proposes to perform services 1 —6 during a consecutive five-week period. Task 7 can be completed in a three-day consecutive period at the discretion of the City after task 6 is completed. This effort is currently estimated to begin approximately February 10, 2003 and end Aril 30, 2003. Activity Description I. Document Future Business Processes Il. Document Requirements III. Develop Decision Model IV. Provide RFP Recommendations V. Develop Demonstration Scripts Vl. Develop Case for Change The estimated number of hours to complete this work is 230 hours at$191.20 per hour for a total of $43,976.00, plus related travel expenses, which are estimated at $7,200. These services will be performed under the terms and conditions of the IBM/NYS Comprehensive Services contract PS-00374 (the Agreement). You will be billed on a monthly basis for actual hours worked the prior month. Travel expenses will also be billed on a monthly basis as actually incurred consistent with the NYS Travel Expense Guidelines. IBM shall have fulfilled its obligations under this letter when any of the following first occurs: (1) The tasks are completed as defined above, or (2) IBM provides the estimated number of hours, or(3) IBM or the City of Ithaca terminates the Project in accordance with the provision of the Agreement. Should the need arise to modify this Consulting Assistance letter the procedure outlined in Appendix B will be followed. By signing below, both of us agree that the complete agreement between us regarding these Services will consist of 1) this Statement of Work and 2) the IBM/NYS Comprehensive Services contract, PS- 00374. Materials developed under this Statement of Work will be designated Type II. This offer will expire if not accepted by December 31, 2002. We thank you for your interest in our Consulting Services and are looking forward to a mutually rewarding consulting engagement. Sincerely, Diana Sweetwood IBM Principal Agreed to: Agreed to: City of Ithaca IBM By: By: Name(type or Print): Debra Parsons Name(type or Print): Diana Sweetwood Date: Date: IBM Customer Agreement number: Appendix A: Deliverable for Requirements Assessment (Type II Materials) CASE FOR CHANGE PRESENTATION Purpose: The purpose of this deliverable is to provide the City's executive team with a presentation to document and communicate the findings and insights into the City's areas of opportunities of purchasing a new packaged solution that meets their billing and receivables needs and recommended actions that should be taken to realize benefits of the preferred alternative. Included in the presentation will be documentation gathered in activities 1 —5 of the project. In addition, the presentation will include high-level cost estimates for a solution as well as a course of action to move forward. Content: The deliverable material will consist of the following, as appropriate: • Title Page • Background/Project Objectives • Methodology Overview • Current Situation • Critical Solution Requirements • Potential Opportunities • Cost Analysis • Technical Considerations • Identified Risks • Decision Model • Conclusions/Next Steps Appendix B: Project Change Control Procedure Changes to Services described in this Statement of Work, including addition and deletion of Services, will be submitted in a Project Change Request (PCR). The PCR will describe the change, the rationale for the change, and the effect the change will have on the Statement of Work. The designated Project Manager of the requesting party must authorize the request before submission to the other party. The receiving party may either accept the PCR for implementation or further investigation, or reject it. Before we start our investigation, we will inform you of any additional charges to investigate a PCR that you authorize. If accepted for implementation, a Change Authorization will be signed by both parties authorizing the change. Any change in the Statement of Work may affect the charges, estimated schedule, or other terms. Resolution to Appoint City Representatives to the Recreation Facilities Client Committee Whereas, the Recreation Facilities Client Committee was convened on to explore the possibility of sharing costs for recreation facilities in the city among the City of Ithaca,the Town of Ithaca and Tompkins County, and Whereas, the City of Ithaca is currently participating in the Recreation Facilities Client Committee with the Town of Ithaca and Tompkins County regarding the costs of maintaining recreation facilities used by residents of the City, the Town and the County and the possibility of future cost sharing, and Whereas, the Recreation Facilities Client Committee consists of two representatives from each of the involved parties, and Whereas, Joan Spielholz and Alderperson David Whitmore are currently coordinating the efforts of the City of Ithaca in regards to the recreation facilities discussions,now therefore,be it Resolved, the Common Council of the City of Ithaca hereby appoints Joan Spielholz and Alderperson David Whitmore to represent the City of Ithaca on the Recreation Facilities Client Committee. CITY OF ITHACA--UNRESTRICTED/RESTRICTED CONTINGENCY ACCOUNT SUMMARY 2002 A1990 UNRESTRICTED CONTINGENCY BALANCE UNRESTRICTED CONTINGENCY 12/16/02 $28.490.00 RESTRICTED CONTINGENCY Building Commissioner and Deputy Building Comm. Salary increases Council $2,687.00 Council $0.00 Council $0.00 Council $0.00 Council $0.00 _ Council $0.00 Council $0.00 Work Environment Task Force Po100900 A1430-5700 Council $22,400.00 BALANCE RESTRICTED CONTINGENCY 12/16/02 $25.087.00 BALANCE UNRESTRICTED/RESTRICTED CONTINGENCY 12/16/0 $53.577.00 December COUNCIL PROPOSED RESOLUTIONS: $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 0.00 $0.00 Balance Unrestricted Contingency after December Proposed Resolutions $28.490.00 CITY OF ITHACA--UNRESTRICTED/RESTRICTED CONTINGENCY ACCOUNT ACTIVITY 2002 12/16/02 COUNCIL TYPE OF CONTINGENCY ACCOUNT MONTH AMOUNT CONTINGENCY TITLE DESCRIPTION TRANSFERRED TO Jan-02 No Activi Feb-02 $3,568.00 RESTRICTED Council To fund salary increase for Deputy Building Commissioner A3620-5105 Mar-02 $175.00 UNRESTRICTED To fund the cost of 5 women to attend Room Full of Sisters A1012-5435 $0.00 RESTRICTED Apr-02 $20,000.00 UNRESTRICTED To fund city clothing businesses marketing Ian A6995-5435 $0.00 UNRESTRICTED $0.00 UNRESTRICTED May-02 $20,000.00 UNRESTRICTED To fund portion of National Development Council Contract A9950-5000 $0.00 $0.00 I Jun-02 $1,200.00 UNRESTRICTED To fund the cost of CC/City Department Head Retreat A1430-5440 $0.00 UNRESTRICTED Jul-02 $17,600.00 UNRESTRICTED To fund the Building Department Senior Plan Examiner/position upgrade A3620-5110 $1,625.00 UNRESTRICTED To fund a portion of Ithaca Explorer post Training A3120-5445-5004 $12,600.00 RESTRICTED To fund ID System from Work Environment Task Force PO100900$12,600 A1430-5435 $0.00 $0.00 Aug-02 $1,260.00 UNRESTRICTED To fund Local Match for the Drug Block Grant All 111-5435 $8,400.00 UNRESTRICTED To fund Historic Resource Survey A8020-5435 $0.00 $0.00 --- $0.00 -- --- -- $0.00 Sep-02 No Activity Oct-02 No Activity! Nov-02 $1,250.00 UNRESTRICTED jo fund 2002 neighborhood improvement incentive activity A8020-5435 $0.00 RESTRICTED Council $0.00 RESTRICTED $0.00 RESTRICTED Council i $0.00 $0.00 _ Dec-02 $0.00 RESTRICTED Council $0.00 RESTRICTED Council $0.00 SUMMARY AMOUNT UNRESTRICTED CONTINGENCY $71,510.00 RESTRICTED CONTINGENCY $16,168.00 TOTAL