HomeMy WebLinkAboutMN-B&A-1998-05-27 BUDGET AND ADMINISTRATION COMMITTEE
J
MAY 27, 1998 A-
7:30 P.M.
COMMON COUNCIL CHAMBERS
AGENDA
Statements from the Public
Amendments to Tonight's Agenda
A. Common Council
1. Building Department Fee Revisions - Report
2 . Community Survey Funding - Update
- Deputy City Clerk Appointment Process - Discussion
Towing Regulation Subcommittee Update
Amendment to Grievance Policy Possible Resolution
Managerial Pay Raise Subcommittee Update
City Court Judge Positions F/T-P/T Discussion
B. DPW
Local Law Amendments to Sewage Regulations - Resolutions
C. Finance/Chamberlain
*C 1. Request -for-Pena-l-ty Wa-i-ver-----Resolu-tion------ -
*C 2 . Request for Penalty Waiver - Resolution
D. Youth Bureau
*C 1. Request to Amend 1998 Youth Bureau Budget - Resolution
*C 2 . Request to Amend 1998-Youth Bureau Budget - 'Resolution
E. Finance/Controller
1 . Purchasing Policy Amendments - Discussion
2 . 1999 Budget - Discussion
3 . Sales Tax Holiday and Future Exemptions - Report
NOTE: *C = Consent Agenda. If you have questions, or want this
item discussed at B & A. call Jane Marcham, 273-5754.
(OVER)
BUDGET AND ADMINISTRATION COMMITTEE AGENDA MAY 27, 1998
PAGE 2
F. Reports
1 . Approval of Minutes
2 . ' Summer - Committee Calendar
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3. Vacancy Review - Report A/o,&�
4. Mayor's Report
5. Council Members ' Announcements
6. Next Month's B & A: June 24, 1998
'H
h
G. Mayor
1 . Acting Deputy City Prosecutor Salary - Discussion
CITY OF ITHACA
108 East Green Street Ithaca, New York 14850-5690
c0`••.,, .f`00 OFFICE OF THE CHAMBERLAIN
��RAO Telephone: 607/274-6580 Fax: 607/272-7348
To: Budget and Administration Committe
From: Debra Parsons, City Chamberlain ,
Re: Request for Penalty Waiver
Date: May 5, 1998
Jennifer Wulf is requesting a refund of penalty on City taxes paid in April. Ms. Wulf claims she did not
receive the City bill,but received and paid the County bill. City and County taxes are mailed together,a
practice that saves$1,300 in postage but sometimes confuses taxpayers who believe that one bill is a copy
of the other. In any event,NYS Real Property tax law is very specific; the failure to receive the bill does
not excuse the penalty. I recommend that Ms. Wulf`s request be denied.
Whereas,the owner of 1206 E. State Street is requesting refund of penalty on City taxes because she did
not receive a tax bill,now therefore be it
Resolved,that the request for refund is denied based on New York State Real Property Tax Law Section
922,which states that the failure to receive a tax bill shall not affect penalty.
"An Equal Opportunity Employer with a commitment to workforce diversification." ���
Jennifer Wulf
1206 East State Street
Ithaca, New York 14850-6204
April 22, 1998
Debra Parsons, City Chamberlain
108 East Green Street
Ithaca, New York 14850
re: bill no: 4196 for tax map no: 500700 111. -3-3
Dear Ms. Parsons,
On April 17, 1998, 1 received notice that the city taxes on the above tax parcel
had not been paid. I didn't think that I would overlook this and checked my
records for prior notification. I had received a bill in January for the county
taxes due (which I paid), but there was no notice for the city taxes. As this is
my first year in Ithaca, and being a new homeowner, I have been careful to
keep complete records. On Monday, April 20th, I paid both installments in
full, along with the penalty and fee.
I realize that mistakes happen, but I doet feel that I should pay a penalty for
them if they are not made by me. And I don't believe that I made this one. I
would like to be reimbursed for the penalty and fee I incurred.
Thank you for your time and attention in this matter. Please let me know if
you have any questions or if there are any supporting documents you need to
make a decision.
Sincerely..
Jennifer Wulf
home phone: 273-7687C
r
e
w To: Budget and Administration Committee
From: Debra Parsons, City Chamberlain
Re: Request for Penalty Waiver
Date: May 5, 1998
Chris Sperry,owner of 206 E.Jay Street,.is asking for refund of penalty on city and county taxes paid in
April. W. Sperry has presented evidence if the form of checkbook registers and bank statements to
indicate he mailed the checks,but they were evidently lost in the mail. We have in the past,in similar
circumstances,issued refunds. I recommend that we do so here.
Whereas,Chris Sperry has presented evidence supporting his claim that tax payments for 206 E.
Jay Street mailed in January were lost in the mail,now therefore be it
Resolved,that penalty paid in the amount of$40.60 be refunded.
�t-�r7ra�tves ''
Fede�l; c:�ed;r un;on
ACCOUNT
West State St.,Ithaca,NY 14850 607-273-4611 PAGE: 7
MONTHLY STATEMENT g - .
You can still take advantage of our special ONE YEAR I
until April 15 . Consolidate higher rate loans, pay off credit cards,
buy a computer, get ready for your summer garden, fund an IRA. . . . . . . . .
CHRIS W SPERRY STATEMENT PERIOD
KARIN SUSKIN { MONTHLY FROM: 02/01/98
873 BOSTWICK RD. '' TO: 02/28/98
ENFIELD CENTER, NY 14850 �,r NON-MONTHLY FROM: 02/28/98
-------------------------------------------------------------------------------
TRAN TRAN TRANSACTION RESULTING LOAN *FINANCE* RESULTING
DATE TYPE AMOUNT SHARE BALANCE PRINCIPAL *CHARGE* LOAN BALANCE
2-06-98 # 1989 - 324 .00 2, 059.36- '.,;;y,,. -. ~•-y: n•� =-
a-10-98 ## 1911
2-13-98 DEPOSI 11c,? aae
2-13-98 #2/1
1 9S'•r�
2-27-98 DEPOSI EgF57
02/27
2-28-98 DIVIDE
TERM:
2-28-98 END BA
LNDICATES A S . —
PYE = ANNUAL P
jqgS (i
)TICE:SEE REVERSE SIDE FOR IMPORTANT INFORMATION REGARDING YOUR RIGHTS TO DISPUTE BILLING ERRORS.RETAIN THIS FOR YOUR PERMANENT RECORD.
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1� �� Ana
April 14, 1998
Dear Mrs. Marcham,
I am writing regards my City and County taxes, requesting
reimbursement for late penalties. I promptly paid my taxes on 206 East Jay
street, as I have for more than a decade. Please see the enclosed
photocopies of my checks and register to show that I wrote the checks on
January,25th. I sent them to the Green St. address by mail In late
January.
When I got my March bank statement and the checks weren't cashed
I immediately went to City Hall and inquired. The Chamberlain suggested
that I pay the taxes and penalties in full (she couldn't waive the penalty) and
the request reimbursement for the penalties from the Budget and
Administration committee.
Fhave always paid my taxes on time and in full by mail. I request to be
reimbursed $40.50 for the penalty and interest on the late payment
206 East Jay st. Ithaca Bill # 2807 paid in full plus Penally and Interest
City Tax: paid $378.76 + $26.51 Penalty and Interest
County Tax + Solid Waste: paid $469.74 + $14.09 Penalty and Interest
Thank Yov,
Chris Sperry
873 Bostwick rd.
Ithaca NY 14850
272-0922
;i
Fiscal Year: 1/1!98 THRU 12/31198 Warrant Date 1/1/98 Property Description 2095
SWIS _..•......
Tax Map Number Bank CodeFr Bill No. Ft 40
Depth 66 -
500700 14:-3-9 2807 Class:210 RS: 1 School :500700
Make checks payable to: In Person Payment: Assessment: Exemptions: i
City of Ithaca Weekdays 8:30 - 4:30 Land: 13,500
1.08 E. Green Street Closed Weekends Total:83,000
Ithaca, NY 14850 and Holidays I
Owner SUSKW, KARIN& $PERRY,CHRISTOPHER --
Location 206 JAY ST E Estimated State Aid:
f., f
Levy Description Taxable Value Tax Rate Totals
City: $2,557,212
CITY OF ITHACA TAX ......� $ 0 0 .r 4.563400
TAX RECEIPT — T 1998 City FIrst Installment Tax Bill
i
t
Date,' 1/1/98 Payable by Jan 31
to City Chamberlain
Bill No: 2807
Tax Amount $378.76
Tax Map No 500700 14.-3-9 99 y i
AN;, In FlUt—
Owner SUSKIN, KARIN& `
Penalty& ~ _.,instal t
ocation 206 JAY ST E Interest r 5j W Ta 'rlI'.
PAID C!4 CASH
• Total Paid06
-993i3:3t5"' � QD
' bate in"....
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O ITHa
t.. •.� CITY OF ITHACA
}t 1 James L. Gibbs Drive Ithaca, New York 14850
i
yc0`•...........f`00 YOUTH BUREAU
q�itA7E0 Telephone: 607/273-8364 Fax: 607/273/2817
r I
MEMORANDUM
TO: Dominic Cafferillo, Controller
FROM: Samuel Cohen, Director
RE: B & A Committee Agen Items
DATE: May 18,1998
Please include the following items to the Budget and
Administration Committee agenda for this month:
1. Youth Development: Danby Community Council funding for
Municipal Jobs Program
2. Youth Development: Additional Tompkins County Municipal
Jobs Program funding.
Attached is the specific information relating to both agenda items.
Thank you.
"An Equal Opportunity Employer with a commitment to workforce diversification." C��
A
IT$q
-�..-•• CITY OF ITHACA
1 James L. Gibbs Drive Ithaca, New York 14850
�CQ�ti+-•• ,.•r�� YOUTH BUREAU
Telephone: 607/273-8364 Fax: 607/273/2817
To: Budget and Administration Committee
From: Allen Green Youth Development Coordinator
Re: Agenda items for the May B &A meeting
Date. May 17, 1998
1)The Danby Community Council has approved funding so that two teens from the Danby area
will be able to participate in our summer Municipal Jobs Program.
We are requesting that the Youth Development budget be amended as follows:
Increase anticipated revenue:
Danby Community Council $1930.00
Increase expenses:
/Mlo-5
Account# 120-1202 Part time/Seasonal
Youth Employment Service $1750.00
h?310-g030 1 oa -5,,,A Secvzip I 00
2)Tompkins County has approved funding so that several additional teens from the City of Ithaca.
will be able to-participate in our-summer Municipal-Jobs-Program.---- ------- ------ -- - --- ------ -- -- --- -- ---
We are requesting that the Youth Development budget be amended as follows:
Increase anticipated revenue:
Tompkins County $3273.00
Increase expenses:
A 7310-S
Account# 120-1202 Part time/ Seasonal
Youth Employment Service $3000.00
�7'JIo-q03�-►moa Souc.-Q se(-'?( 71 930 .00
Thank you. -Id-000- kP 16'e 4,. d o
"An Equal Opportunity Employer with a commitment to workforce diversification." �«�
{
LOCAL LAW # - 1998
Be it enacted by the Common Council of the City of Ithaca
as follows :
Section 1. Section C-22B Entitled "Assistants and
deputies" of the Ithaca City Charter is hereby amended as
follows :
Section C-22 . Assistants and deputies. [Amended 6-4-1980
by L.L. No. 1-1980; 7-10-1985 by L.L. No. 1-1985;
12-7-1987 by L.L. No. 8-19871
A. The Common Council may create, establish or abolish
the offices of Deputy City Controller, Deputy City
Chamberlain, Deputy. City Clerk, Deputy Building
Commissioner, Deputy Director of Planning and
Development, Deputy Fire Chief, Assistant Superintendent
of Public Works and Assistant City Attorney. The
Assistant City Attorney must be a resident of Tompkins
County, New York. It is not necessary that the Assistant
City Attorney be a resident of the City of Ithaca. Such
officers shall generally assist their superiors in the
execution of their powers and duties and may perform such
part or portion of such duties as designated by such
superiors and, in the absence, inability or temporary
vacancy of their respective superiors, shall act as such
and, when so acting, shall have all the powers of such
office. [Amended 2-22-1991 by L.L. No. 1-19911
[B. The Deputy City Controller, the Deputy City
Chamberlain and the Deputy City Clerk shall be appointed
and removed in the same manner as their superiors, unless
otherwise controlled by contract or the New York State
Civil Service Law. ]
Section 2 . Section 26 . 1A Entitled "Discipline and
removal of selected officers" of the Ithaca City Charter
is hereby amended as follows :
Section 26.1 Discipline and removal of selected officers.
A. Application of this section.
(1) The following city officers are subject to the
discipline and removal procedures found in this section:
(a) Building Commissioner
(b) City Chamberlain
(c) City Clerk
(d) City Controller
(e) Personnel Administrator
(f) Assistant City Attorney
[ (g) Deputy City Chamberlain
(h) Deputy City Clerk
(i) Deputy City Controller]
Section 3 . This Local Law shall be submitted to a
referendum at the next general election.
Section 4 . This Local Law shall take effect after it is
approved by the electorate at the next general election
and is subsequently filed in the -Office of the Secretary
of State.
May 27, 1998
From: B&A's Ad Hoc Grievance Committee
Re: Recommendations for removal of Counseling Memoranda from
employees' personnel files
In response to a request to B&A for review and clarification of
this issue: The Ad Hoc Committee recognizes that Counseling
Memoranda are an initial step in disciplinary procedure for an
employee's unacceptable behavior. At the same time, the committee
does not want to have such a memorandum remain in an employee's
file indefinitely if the behavior in question is not repeated.
Research by the city's personnel administrator disclosed that our
current labor contracts do not specify any time period for the
removal of disciplinary records from employee files, and Civil
Service regulations do not specify any such rule. (An earlier PBA
contract, in 1989-92, provided for the removal of such records
four years after the action occurred, if similar behavior did not
reoccur, but this clause was negotiated out of the contract. )
The cities of Binghamton and Elmira do not remove disciplinary
records, and Rochester, Syracuse and Tompkins County have
agreements with only one bargaining unit, for removal after time
periods ranging from one to two years; in Syracuse, however,
disciplinary records for the remainder of the workforce are
either removed or carry no weight after two years.
We recommend that Common Council consider adopting a policy that
applies to all city employees, with these provisions:
1) A Counseling Memorandum," which is the equivalent of a Warning I,••df+
Letter, is an initial step in disciplinary action and not subject
to a grievance procedure. fin' tc rµr aA
2) Any city employee may request the removal of Couelin�
Memoranda from his or her personnel file after two years from the
P Y
date the behavior occurred, provided that no similar behavior
reoccurs during the two-year period. The employee must make a
written request for the memorandum's removal, addressed to the
o Hw► .� SO4gR_ , wnfirn� j t14 OVAIRtO ct
Council adoption of this policy should be subject to further
consultation with all parties involved, including the personnel dU'Lv °"
and legal departments, department heads and bargaining units. aF*`� '"`
Sara Shenk
Pat Vaughan
Jane Marcham
.w
CITY OF ITHACA
v; ;fie 108 East Green Street Ithaca, New York 14850
=1►�.,.�N. ..r:`00 OFFICE OF THE CITY CLERK
A�RAT�V Telephone: 607/274-6570
}
M E M O R A N D U M
To: Budget & Administration Committee
From: Julie Conley Holcomb
Subj : Deputy City Clerk Appointment
Date: February 19, 1998
{ Please note the attached proposed Local Law which would
amend the City Charter as it relates to the appointment of
the Deputy City Clerk. I am requesting that you consider
amending the Charter to allow the appropriate Department
Heads to make the appointment, discipline, and remove from
office the Deputy City Clerk, Deputy City Chamberlain, and
Deputy City Controller, instead of the Mayor. Actually, I
am only asking you to consider the Deputy City Clerk
position, but it does not make sense to change one, and not
the other two.
The three above mentioned deputies are the only deputies
that are not appointed by their department heads . I can
only speculate about why this was done originally, but it
is my guess that it is related to the fact that originally, ,
these three positions were designated as public officers
while the other -deputies and assistants were not. The
Charter was amended last year to designate all deputies and
assistants as public officers, so that differentiation no
longer exists., Also in 1997, legislation was passed which .
separated. .the former Finance Department, creating. the
Department of the City Clerk, naming the City Clerk as the
Department Head, and also naming the City Controller and
City Chamberlain Co-Department Heads of the Finance
Department, with each being the head of each office.
According to the Charter, these three positions are
appointed and removed in the same manner as their
superiors, which means they qualify for the search process
explained in Chapter 90 of the City Code. . The department
"An Equal Opportunity Employer with a commitment to workforce diversification." %„
head is a voting member of the search committee for these
positions, but realistically is just one vote on a
committee of approximately 6-8 people. The top three
candidates are forwarded to the Mayor, and the Mayor makes
the appointment to the position. After the appropriate
probationary period. is complete,. the Mayor completes and
signs a probationary report, which gives the employee
permanent employment status. These three deputies are also
the only deputies and assistants which are included with
the department heads in Section 26 . 1 of the City Charter
which relates to discipline and removal of selected
officers .
I have been through this process in 1995 and can testify
that it does not work. I was a member of the last search
committee for the Deputy City Clerk. I was unhappy with the
selection of the committee, and I voiced my displeasure on
several occasions. . I was pressured as a new "Division"
Head to believe that if I did not go along with the
committee' s and the Mayor' s selection, that I was not a
"team player" , and that I was being unreasonable for not
"trying" this out. I experienced numerous personnel
problems and when I reported them, I was told that .my
concerns were petty, and that I was to blame for the
problems as I was the supervisor. As his last official
action in office, the former Mayor signed a probationary
report, without requesting any job performance information
from me, and the employee obtained permanent employment
status .
Although I believe that . there is a silver lining within
every cloud, and I certainly learned a lot from that
experience, I am not prepared to re-live it. I believe
that the Deputy City Clerk position has always been
considered an entry level position, but since the Clerk' s
Office lost a position in 1990, and has accepted more
responsibilities and duties, it should no longer be
considered as entry level . The person that fills this job,
should have some type of background, or strong
understanding of, government, records management, office
procedures, computer systems, and customer service. . I feel
that I am the most qualified person to determine which
person has the appropriate background, and would help the
City Clerk' s office pursue and meet its goals and mission.
The only Charter change I am requesting--is that after the
search, the department head makes the appointment, with the
approval of Common 'Council, and that the department head
t ,
has the ability to discipline and remove from office, as
the rest of the departments heads are able to do.
As I am aware that this Charter amendment will require a
mandatory referendum, I am further requesting that you
authorize the appointment of Susan Stickel as Acting Deputy
City Clerk with an 8% increase in salary until a permanent
appointment is made, as well as allow me to hire temporary
ti help. These positions shall be funded through Account
1316=5105.
Thank you for your consideration, I would be happy to
discuss this further with you at your request.
r
a .
City of Ithaca
PCICodebook'for Vindows
ARTICLE VII, Recruitment and Selection Procedure for Department Heads and Managerial
PersonneIEN [Adopted 7-5-1989 by resolution)
§ 90-48. Recruitment.
A. [Amended 8-14-1996 by L.L.No. i 1-1996EN] A search committee for the vacant position shall be
established by the Mayor according to the following:
(1) The membership of the committee shall be:
(a) Three members of the appropriate overseeing lay board or commission, if any,to be selected by that
board or commission.
(b) Three members of the Common Council,to be selected by the Common Council.
(c) One person with professional experience in the job area at issue,to be appointed by the Mayor;
however, if the appointment is to the position of deputy or assistant,the Mayor shall appoint the
applicable department head.
(d) The Personnel Administrator,except when the appointment is to the position of Personnel
Administrator,as a nonvoting member.
(e) Other nonvoting members as the committee deems necessary and appoints.
(2) in the event of a disagreement as to which lay board or commission is to be represented,the Mayor
shall designate the appropriate overseeing lay board or commission. r
i
(3) Upon the formation of the committee,the Mayor shall notify the Personnel Department of the
composition of the search committee.
(4) The search committee shall comply with all local,state and federal laws,rules and regulations
concerning hiring practices and procedures.
B. Upon the receipt of a resume,the Personnel Department shall send a blind equal employment opportunity
questionnaire to the applicant. The equal employment opportunity questionnaire shall be used for statistical
purposes only and shall not contain any information.which can be used to identify the candidate.
C. Upon the return of the EEO questionnaire,the Personnel Department shall establish a profile of the
applicant pool with respect to sex,race,age,handicapped status and veteran status.
D. The Personnel Department shall review all applications and resumes received for the position against the
established position qualifications. The Personnel Department shall then prepare a summary ofthe
-
credentials of the qualified candidates.
§90-49. Search committee, selection of candidates for interviews.
A. A search committee for the vacant position shall.be established by the Mayor,pursuant to § C-26 of the City
Charter. The Mayor shall then notify the Personnel Department of the composition of the search committee.
1
City,o fIthaca
PCICodebook.forWindows
B. Following the closing date for the submission of applications,the Personnel Department shall organize the
initial search committee meeting. The Personnel Department shall supply each search committee member
with the summary of candidate credentials, copies of all approved applications and a copy of the applicant
pool profile prior to the initial meeting. The search committee members shall independently review the
above information prior to meeting and shall bring their comments and recommendations on the candidates
pool to the initial meeting.
C. At its initial meeting,the search committee shall review the applicant pool profile and determine whether it
is necessary to readvertise the position.
(1) If a decision to readvertise is made, it shall be made in consultation with the Mayor.
(2) If the search committee determines that the applicant pool profile reflects an adequate recruitment
effort,the Committee shall select an appropriate number of candidates for interviews.
D. Prior to conducting the interviews,the search committee shall, in consultation with the Mayor, determine
the qualities being sought for the position and establish the criteria which shall be used to evaluate the
candidates. Once these criteria have been determined,the search committee shall develop questions
designed to elicit responses which can be used to evaluate candidates against the criteria.
§ 90-50. Interview process.
A. The Personnel Department shall schedule interviews with the candidates selected by the search committee.
Approximately one(1)hour shall be reserved for each interview.
B. Prior to the interviews, the Personnel Department shall prepare an informational packet for each search
committee member. Said packets shall contain copies of the applications, copies of the interview questions,
candidate evaluation sheets, the position job description,relevant salary and benefit information and
A relevant information pertaining to the department involved,its organization, its staffing and its
responsibilities. The Personnel Department shall also include an informational sheet regarding questions
which are prohibited under the New York State Human Rights Law.EN An information packet shall also be
prepared for the Mayor, and the Personnel Department shall invite the Mayor to attend the search committee
interviews.
C. During the interviews, the search committee will attempt to ask similar questions of all candidates so that all
candidates are judged by the same standards. It is understood,however,that different follow-up questions
will probably be necessitated by the various candidate responses.
D. Reasonable travel and interview expenses shall be paid to candidates upon the submission of a city voucher.
All efforts shall be made for candidates to use the least-expensive mode of transportation to Ithaca and to
avoid the need for lodging expenses unless candidates reside more than four(4)hours from Ithaca.
E. Throughout the search process, the Personnel Department shall keep candidates apprised of the status of the
search. _.
§ 90-51. Committee recommendations.
A. Following the candidate interviews, the search committee shall discuss and evaluate the candidates. The
search committee may request that the Personnel Department solicit candidate references prior to making
recommendations to the Mayor. After discussion and evaluations,the committee shall choose the top three
2
City-o f Ithaca
PC/Codebook-for Windows
qualified and eligible candidates and forward their names to the Mayor for consideration, with comments in
support of each recommendation. [Amended 8-14-1996 by L.L.No. 11-1996ENJ
B. It shall be the decision of the search committee as to whether the names recommended to the Mayor are or
are not ranked.
C. At the request of the search committee,the Personnel Department shall prepare the committee's
recommendations and forward them to the Mayor.
§ 90-52. Selection by Mayor. [Amended 8-14-1996 by L.L.No. 11-1996ENJ
A. The Mayor may conduct interviews with one or more of the candidates recommended by the search
committee at his/her discretion.
B. The Mayor shall make the appointment from the list of three names with the consent of the Common
Council.
C. Following the selection of a candidate,the Mayor shall notify the Common Council and the search
committee of his/her selection and shall forward his/her salary recommendations to the Budget and
Administration Committee for its review.
D. It shall be the decision of the Mayor as to whether a public announcement of the selection shall be made
prior to or following the official appointment of the candidate.
E. Once the Mayor has offered the position to a candidate and the candidate has accepted the position but prior
to the public announcement of the selection,the Mayor shall direct the.Personnel Department to notify all
remaining candidates that a selection has been made.
§ 90-53. Affirmative action.
The city's affirmative action policies will apply in all stages throughout this process.
3
� f
To: Budget and Administration Committee of Common Council
From: Debra Parsons, City Chamberlain
Re: Request for Redemption Extension from City Tax Sale
Date: May 27, 1998
Christy Parente is requesting an extension to the period to redeem 414 Elmira Road from the 1994 City
Tax Sale.
Common Council originally issued an extension last fall that is due to expire June 1. Ms.Parente is
requesting another extension to explore opportunities for sale of the property.
This property served as a petroleum storage facility. I recommend that an extension be granted,with
additional interest accruing,until September 1. During this period,I would request that the attorney's
office evaluate our exposure in the event an environmental hazard exists because of the petroleum storage,
and any recourse we may have against the several owners and interest holders.
i
Christy Parente
P.O. Box 348
Newfield,NY 14867
May 21, 1998
To: Budget and Administration Committee of Common Council
This letter is in regard to the property at 414 Elmira Road belonging to my grandmother,Evelyn
Schultz. An extension for payment of back taxes was granted to me in January of this year which
will expire on June 1, 1998. 1 am requesting that another extension be granted in order for my
family to proceed with efforts to pay these taxes.
Since my recent graduation from Ithaca College,I have been able to dedicate a substantial amount
of time to the resolution of this and other matters involving this property. My family has endured
a tremendous amount of stress from the current deedholder, who has not fulfilled his contractual
obligations. We have come to the conclusion that an extension will give us the time needed to
prepare legal actions to regain the deed to the property and eliminate the back taxes owed as
explained below.
A private investor has recently inquired into this property, which has prompted some interest in
the current condition and financial status of the land at 414 Elmira Road. The investor would like
to have a geological survey conducted to ensure the soil meets the Department of Environmental
Conservation requirements. The evaluation will be conducted using a civil engineer from a local
environmental company. The said investor may then decide to pay the taxes accumulated to date
in full. This is a project,however,that will require some time but may result in the payment of
both city and county taxes.
Therefore, as per the explanation above, I ask the city to grant an extension on the tax payments.
The city has demonstrated patience with this matter in the past and my family appreciates this. If
there are any questions, please contact me at 1-607-273-7208. Thank you for your time. I look
forward to your decision at your earliest convenience.
Sincerely,
Christy Pare
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BROCK & SCHWAB, LLP
Attorneys at Law
306 East State Street, Suite 230
Ithaca, New York 14850
Telephone: 607-277-3995
Facsimile: 607-277-8042
Norma W. Schwab E-mail: brock0clarityconnect.com
Susan Hajda Brock http://www.brock.clarityconnect.com
May 12, 1998
Gary Gleason, Chief Operator
Ithaca Area Wastewater Treatment Facility
525 Third Street
Ithaca,NY 14850
Re: Pretreatment Laws
Dear Gary:
This letter describes the actions the municipalities need to take to fully implement the
pretreatment program changes recently approved by the U.S. Environmental Protection Agency
("EPA"). I will attend the SJS's May 19 meeting to answer questions and provide any needed
additional information.
The status of these changes is a bit complicated, so a little history is necessary. In
January of.1993, the municipalities sent EPA proposed modifications to the Treatment Plant's
Industrial Pretreatment Program. .Those modifications-consisted of two proposed-local laws that
completely replace the existing law governing pretreatment, which dates back to 1984. One law;
titled "Sewer Use Requirements," contained all pretreatment requirements except local limits.
The other law, titled"Local Pollutant Limitations,"contained proposed new local limits.
Each municipality passed-these taws-mittheyvefe-1hCh§*UJ-bffi--1ttdd to-EPA far approval. _
The laws state that they will become effective upon EPA's approval.
On March 19, 1998, EPA approved the laws, with certain changes. (A copy of EPA's
letter is enclosed.) The municipalities now need to adopt these changes, as described below.
Sewer Use Requirements L
EPA responded to our January 1993 submission in late 1993 with requests for changes to
some of the language. After further correspondence,I sent EPA a letter on May 18, 1994, setting
forth in detail proposed-changed language. EPA's recent letter formally approved the Sewer Use
Requirements law, together with the revisions proposed by my May 18, 1994 letter.
The-municipalities now need to amend their respective Sewer Use Requirements laws to
incorporate the changes required by EPA. Their laws are: City of Ithaca—Local Law#4 (1992),
Gary Gleason, Chief Operator
May 12, 1998
Page 2
codified in the City of Ithaca Municipal Code at Chapter 263; Town of Dryden— Local Law #6
(1992); and Town of Ithaca — Local Law #17 (1992). Draft resolutions amending these local
laws are enclosed. Added language is underlined; deleted language is bracketed and in bold
typeface.
Local Limits
After the Treatment Plant submitted the Local Pollutant Limitations law, EPA requested
the submission of additional information to justify the new limits. The Treatment Plant
thereafter hired consultants Blasland, Bouck & Lee, Inc. to reevaluate the local limits. BB&L
concluded that the 1984 local limits are still adequate. I then sent EPA the BB&L report and a
notification that the Plant was withdrawing the request to modify its local limits.
The Treatment Plant thereafter decided to request one change to the 1984 local limits.
The original 1984 law contains a limit for oil & grease of 50 ppm. This limit applies to both
petroleum-based and,animal/vegetable-based oil&grease. The.Plant asked to maintain this limit
for petroleum-based oil & grease, but to delete the numerical limit for animal and vegetable-
based oil& grease.
The Treatment Plant has never had problems with animal or vegetable-based oil &
grease, which is readily treatable. The Sewer Use Requirements law has several provisions that
enable the Treatment Plant to control oil &'grease of animal or vegetable origin. These include a
prohibition against the discharge of substances, including grease, capable of causing obstruction
to the flow in sewers or other interference with the proper operation of the Treatment Plant.
Another provision of the Sewer Use Requirements law gives the Chief Operator the ability to set
discharge limits on a case-by-case basis for BOD. Excessive discharges of animal grease and
vegetable oil can be controlled through such BOD limits.
EPA's March 19, 1998 letter formally approved the new Local Pollutant Limitations law.
The municipalities now need to amend their laws to incorporate the limits that have been
approved by EPA. There are also minor text changes to-the local limits laws, as refle6ted ip=the
enclosed draft resolutions amending the local limits laws. The local limits laws previously
enacted by the municipalities are: City of Ithaca=Local Law#5 (1992), codified as Article X in
Chapter 263 of the City of Ithaca Municipal Code; Town of Dryden—Local Law #5 (1992); and
Town of Ithaca—Local Law#18 (1992).
Sincerely,
Susan Hajda Brock
SHB/vlw
Enclosures
cc(w/enc.): Special Joint Subcommittee
i
J� ,0 Gro
< A Z UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
p o REGION 2 MAR 2 3 1998
�Q < 290 BROADWAY
NEW YORK,NY 10007-1866
19 1998
Mr. Gary Gleason, Chief Operator
Ithaca Area Wastewater Treatment Facility
525 Third Street
Ithaca,New York 14850
Re: Ithaca Area Wastewater Treatment Facility
SPDES Permit No.NY0026638
Proposed Legal Authority Revisions
• Dear Mr. Gleason:
Ithaca's sewer use laws are passed as two separate laws. One replaces the previous sewer use law
with the exception of the local limits. These laws are referred to as "Sewer Use Requirements".
The second law solely addresses the local limits. The local limits laws are referred to as "Local
Pollutant Limitations." Although both sets of laws were passed for each legal jurisdiction(the
City of Ithaca and the Towns of Ithaca and Dryden), the laws do not become effective until EPA
approves them.
As part of EPA's June 1997 pretreatment audit, EPA reviewed the status of the legal authority for
Ithaca. On January 14, 1993, Ithaca submitted copies of revised sewer use ordinances for the
City of Ithaca,the Town of Ithaca, and the Town of Dryden. EPA provided comments to Ithaca '
on the legal authority and subsequent correspondence resulted in further revisions. On May 18,
1994, Ithaca's attorney provided a final response addressing EPA's last round of comments. The
revisions stated in the May 18, 1994 letter, when incorporated, would be adequate to address
EPA's comments. This letter may be considered a formal approval of the changes to the Sewer
Use Requirements.
On December 29,1992, Ithaca provided--a lo- aA Imits analysis to EPA Subsequently, Ithaca
withdrew the request to change the local limits and has chosen to retain existing local limits. In a
letter dated October 3, 1997 to Jacqueline Rios of my staff, Ithaca proposed a change to the
Local Pollutant Limitations. The change clarifies the application of the numerical oil and grease
limit of 50 mg/l to apply to petroleum based oil &grease. The October 3, 1997 clarification is
approvable.
Effective August 18, 1997, changes to legal authority that do not relax legal authorities or directly
reflect a revision to 40 CFR Part 403 or to 40 CFR Chapter I, subchapter N,.and reported
pursuant to 40 CFR § 403.18(d) are considered minor-modificatians. See 62 Fed. Reg. 38414
(July 17, 1997). The changes in Ithaca's Sewer Use Requirements do not relax legal authorities
and incorporate changes that reflect revisions to 40 CFR Part 403. The change to the Local
Pollutant Limitations is a clarification of the existing numeric limit for oil& grease. The changes
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Ithaca Legal Authority
Page 2 of 2
to Ithaca's Sewer Use Requirements are considered a minor modification to the pretreatment
program. Ithaca should adopt the proposed local laws as soon as practicable and send a copy of
the final, adopted Sewer Use Requirements and Local Pollutant Limitations to EPA
I congratulate you on the approval of your Industrial Pretreatment Program Modification. If you
have any questions, please call Jacqueline Rios of my staff at(222)637-3859.
Sinter ,
Walter E. Andrews, Chief
Water Programs Branch
Division of Environmental Planning and Protection
cc: Susan Hajda Brock, Attorney At Law
Robert Cronin,NYSDEC-Albany
Kerstin Lesley Kenty,NYSDEC-Region 7
H:iY-12-1998 14:313 EFIH 212
Ja�<EO BTAT�1`
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION 2
b 290 BROADWAY
�p NF=W YORK, IVY 10007-1866
etc PROSE' .
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Mr. Gary Gleason, Chief Operator "4sop, Phone o�
Ithaca Area Wastewater Treatment Facility Oep1a"0 �F(,AtiJ > 212— --
525 Third Street Fax« Fax"�`r
Ithaca,New York 14850 3089-�01 GENERAL SERVIcES AOMINIS�ATM
I�$TI Mao_ot a��-rx9
Re: Ithaca Area Wastewater Treatment Facility
SPDES Permit No.NY0026638
Legal Authority
• Dear Mr. Gleason:
In a letter dated March 19, 1998,EPA approved changes to the Ithaca Area Wastewater Treatment
Facilities'Industrial Pretreatment Program. You have requested a clarification of the changes that
were approved by that letter.
EPA's March 19, 1998 letter approved the Sewer Use Requirements law that were enacted by the
City of Ithaca and the Towns of Dryden and Ithaca(collectively referred to as "municipalities"),
subject to the revisions set forth in a May 18, 1994 letter from the Facilities' attorney. EPA also
approved the Local pollutant Limitations law submitted to EPA by letter dated October 3,1997 on
behalf of the municipalities from the Facilities' attorney.
If you have any questions, please call Jacqueline Rios of my staff at(212)637-3859.
Sincerelu'rs, -
i:` .C.• .' L.L.«
Walter E. Andrews, Chief
Water Programs-Branch=-- - -- - - -
Division of Eiivirbfimentaf Planziing and Protection
cc: Susan Hajda Brock, Attorney At Law
Robert Cronin,NYSDEC -Albany
Kerstin Lesley Kenty,NYSDEC -Region 7
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May 25, 1998
Resolution to pass two (2) laws regarding the use of sanitary
sewers.
1. Local Limits
2. Sewer Use Ordinanace
There two sets of laws, one is a narrative discription of
the regulations while the other specificies limits, either
in concentration or mass loading of particular pollutants.
Because any change to either law requires review by the EPA,.
it was felt that in most instances, a change would occur in
the local limits part and that is the reason it was
separated from the narrative portion of the law.
The local limits- being proposed are basically the same
limits that were included in the 1984 ordinance. In 1992 a
new set of more stringent limits were passed by the
municipalities. The EPA responded to that change by stating
that there was not sufficient justification for making the
limits more stringent because no violation by the treatment
facilities had occurred that could be attributed to the
local limits . The reasoning is simply that if there were no
violation, then the limits in effect must be sufficient.
In addition to the limits, there is a "catch all" in the law
that allows the municipality to order any industry to cease
the discharge of any substance that violates any condition
of the pretreatment program regardles of the applicability
_ of the local limits. This implies that if a particular
substance becomes cause for concern either by inhibiting a
treatment process or by causing the plant effluent to exceed
a limit, the plant can order all discharges of the substance
to cease such discharge. Generally, in this type of
instance, a new study would be conducted which would result
in a new local limit for that particular substance.
05/27/98 WED 14:19 [TX/RX NO 97861 Zool
UJ/L!/ Yo 14. 10 uur Gl.) u400 •••^••'• t"-"- tj.
SEWER USE REQUIREMENTS
Local Law
No. -:>
1992
A LOCAL LAW ENTITLED "SEWER USE REQUIREMENTS"
ART I CLE I
General Provisions
I. Purpose and Applicability
2 . Administration
3 . Definitions and Word Usage
ARTICLE II
Regulation of Wastewater Discharges
4. General Discharge Prohibitions
S. Specific Discharge Prohibitions
6. Specific Pollutant Limitations
7 . Categorical Pretreatment Standards
8. Modification of Categorical Pretreatment Standards
9. State Requirements
10. Right of Revision
11. Dilution Prohibited in Absence of Treatment
12 . Alternative Discharge Limits
13 . Pretreatment
14 . Accidental Discharges
ARTICLE III
Wastewater Discharge Permits
15. Permit Required
16. Permit Application Requirements
17 . Permit Conditions
18. Permit Modifications
19. Duration of Permits
20. Permit Transfer
21. Permit Decisions
ARTICLE IV
Reporting Requirements, Monitoring, and Inspections
22 . Reporting Requirements
23 . Signatory Requirements
05/27/98 WED 14:19 [TX/RX NO 97861 008
t
RESOLUTION-Sewer Use Requirement-Local Law#4
Section 1. Section 3.A(28),entitled "Pretreatment Requirement." is amended as
follows:
(28) Pretreatment Requirement. Any substantive or procedural requirement related to
Pretreatment, other than a National Pretreatment Standards, imposed on an Industrial User.
Section 2. Section 5.(B), entitled "Specific Discharge Prohibitions," is amended as
follows:
(B) Any liquids, solids, or gases which by reason of their nature or quantity are, or may
be, sufficient either alone or by interaction with other substances to cause a fire or explosion hazard in
the POTW or be injurious in any other way to the POTW,its operations, or the health or safety of the
PO"1'W's workers. At no time shall a User discharge a wastestream with a closed cup flashpoint of less
than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 C.F.R. §
261.21. Unless specifically authorized to do so by permit,no User shall discharge any quantity of the
following materials: gasoline, kerosene, naphtha, benzene,toluene, xylene, fuel oil, ethers, ketones,
aldehydes,chlorates, perchlorates,bromates, carbides,hydrides and sulfides,dry cleaning fluids, and
any other substance which the Chief Operator,DEC, or the EPA has notified the User is a fire hazard
or explosive hazard to the system. The preceding list of substances is not a comprehensive list of
prohibited substances. If a substance meets the general criteria set out in the first two sentences of this
subparagraph, it is prohibited.
Section 3. Section 5.(J),entitled"Specific Discharge Prohibitions," is amended as
follows:
(J) Heat it amounts which will inhibit biological activity in the POTW resulting in Interference,
but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40° C
(104° F).
Section 4. Section 7,entitled "Categorical Pretreatment Standards," is amended as
follows:
7. Categorical Pretreatment Standards
Categorical Pretreatment Standards which EPA has promulgated for specific industrial
subcategories are hereby incorporated by reference. Where Categorical Pretreatment Standards are
more stringent than the local limits, Industrial Users in those subcategories shall comply with the more
stringent Categorical Pretreatment Standards in accordance with the compliance timetables for each
Categorical Pretreatment Standard mandated by EPA. If EPA modifies an existing Categorical
Pretreatment Standard or promulgates a new Categorical Pretreatment Standard for a particular
industrial subcategory, and that modified or new Categorical Pretreatment Standard contains limitations
05/27/98 WED 14:10 [TX/RX NO 97851 Q001
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more stringent than the local limits,then upon its effective date the modified or new Categorical
Pretreatment Standard shall immediately supersede, for Industrial Users in that subcategory-,the local
limits. The Chief Operator shall notify all affected Industrial Users of the applicable requirements under
the Act, as well as of all requirements imposed by subtitles C and D of the Resource Conservation and
Recovery Act.
Section S. Sections 16.(0)and 16.(11),entitled "Permit Application Requirements," are
amended and added, respectively, as follows:
(0) A list of any environmental control permits held by or Jbi-the User;
The Chief Operator shall evaluate the data furnished by the Industrial User and may require
additional information. After evaluation and acceptance of the data furnished, the Chief Operator may
issue a Wastewater Discharge Permit subject to terms and conditions provided herein.
(P) Any other information as may be deemed by the Chief Operator to be necessary to
evaluate the permit application.
Section b. Section 22.(A-C), entitled "Reporting Requirements," is amended as follows:
All Industrial Users must submit the reports required by 40 C.F.R. Part 403 or the Chief
Operator. The Chief Operator shall specify the content of such reports to the Industrial Users.
These reports including the following:
A. Baseline monitoring reports, to be submitted by existing Industrial Users subject to
Categorical Pretreatment Standards within one hundred eighty(180) days after the effective; date of the
Categorical Pretreatment Standard. These reports are to be submitted by New Sources and sources
that become Industrial Users after the promulgation of an applicable Categorical Pretreatment
Standard, at least ninety (90) days prior to commencement of discharge. These reports shall contain
the information required in 40 C.F.R. § 403.12(b), including a statement whether Pretreatment
Standards are being met on a consistent basis,and, if not;whether additional O&M and/or additional
pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements.
"[itis statement shall be reviewed by an Authorized Representative of the Industrial Uscr and certified to
by a qualified professional.
B. Report on compliance with Categorical Pretreatment Standards. to be submitted by
existing sources within ninety (90)days following the date for final compliance with an applicable
Categorical Pretreatment Standard,or in the case of a New Source, following eomincncernent of the
introduction of wastewater into the POTW. This report shall contain the information required in 40
C.F.R. § 403.12(d), including the nature and concentration of all pollutants in the discharge from each
regulated process. and the average and maximum daily flow for these process stream~. This report
further shall state whether Pretreatment Standards are being met on a consistent basis, and. if not,
whether additional O&M and/or additional pretreatment is required for the Industrial User to meet the
Pretreatment Standards and Requirements. This statement shall be reviewed by an Authorized
Representative of the Industrial User and certified to by a qualified professional.
05/27/98 WED 14:10 [T%/R% NO 97851 1?1002
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C. Periodic reports on continued compliance, to be submitted by all permitted industrial
Users subject to Pretreatment Standards or Pretreatment Requirements atter the compliance date
of such 'S tandard or Pretreatment Requirement, or, in the case of a New Source. after commencement
of the discharge into the POTW_ All such Industrial Users shall Submit such reports to the Chief
Operator during the months of June and December,unless required more frequently or at different
times in the Pretreatment Standard,Pretreatment Requirement,or by the Wastewater Discharge
Permit. All Industrial Users must include in such reports all sampling results for pollutants limited by a
Pretreatment Standard, Pretreatment Requirement, or Wastewater Discharge Permit, if the sampling
and analyses were performed in accordance with § 24 of this law, even if the sampling was performed
more frequently than required by the Pretreatment Standard, Pretreatment Requirement, or Wastewater
Discharge Permit. In addition, such reports shall include a record of measured or estimated average
and maximum daily flows for the reporting period.
Section 7. Section 42, entitled "Legal Action," in amended as follows.:
If any person violates to the provision of this law, the Act,any applicable Pretreatment
Standards or Pretreatment Requirements,the conditions and requirements of any Wastewater
Discharge Permit issued hereunder,or any order of the Chief Operator, Special Joint Subcommittee, or
municipality,counsel for the municipality where such person is located (or counsel for any of the
municipalities, if such person is not located in any of the municipalities) may commence an action for
appropriate legal and/or equitable relief, including,but not limited to, injunctive relief,penalties,and
fines,in either state or federal court. In addition, until and unless all of the municipalities are named on
the POTW's SPDES permit,the City Attorney for the City of Ithaca shall have the authority to initiate
such court proceedings against violators located outside the City of Ithaca. The municipalities, Special
Joint Subcommittee, or POTW may also ask appropriate officials at the local, state, or federal levels to
investigate and bring a criminal action against any Industrial User or person associated with an Industrial
User believed to have violated the criminal provisions of this law,the Act, or any other law.
Section S. Effective Date.'
'i'his local law shall take of ect immediately in accordance with law upon
((PLEASE FILL IN PERTINENT INFORMATION))
05/27/98 WED 14:10 [TX/RX NO 97851 1a003