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Home My WebLink AboutMN-B&A-1997-04-24 BUDGET AND ADMINISTRATION COMMITTEE THURSDAY, APRIL 24, 1997 7 :30 P.M. COMMON COUNCIL CHAMBERS AGENDA Common Council . Vacancy Review - Report Department Head Evaluation P3;-.ocess - Report Mayor' s Report Council Members ' Announcements Budget Process Schedule - Status Report 6 . Improved Sound System for City Court. Report, Possible resolution Sales Tax Exemption for Clothing - D. �scussion Commons Coordinator Center Ithaca Elevator, 24-hour Service - Possible resolution / B. I .D. Request to Allow Tables & Chairs on the Commons - Possible resolution DPW Request to Re-authorize Equipment. Purchase - .Resolution Items from BPW Meeting D. Attorney Proposed Amendment to City-Charter, Article IV Tax Liens pn� and Foreclosures on Unpaid City Taxes Discussion Proposed Amendment to City Charter, Section C-69 Authority of BPW Regarding Acquisition of Land for Park Purposes - Discussion (OVER) BUDGET AND ADMINISTRATION COMMITTEE AGENDA APRIL 24, 1997 F/. Fire Department / Fire Department Space Needs - Discussion, Possible resolution /�- Mayor/Personnel Request to Transfer Funds for Police Chief Recruitment Expenses - Resolution Request Authorization to Hire Temporary Technical Help - Possible resolution Attorney/Chamberlain Request to Hire Bankruptcy Attorney for Training and Consultation - Discussion, Possible resolution - Executive Session H. Finance/Chamberlain Personnel Item - Executive Session Request for Waiver of Penalty - Resolution State Theater' s Debts to City - Report Plannina & Development Department Request Authorization to Hire Landscape/Environmental Planner - Resolution Finance/Controller KRequest Release of Contingency Funds for IMPACT Resolution 2, wcu ;��ct lkpdte Approval of B & A Minutes from March 24, 1997 lti BUDGET AND ADMINISTRATION COMMITTEE AGENDA APRIL 24, 1997 E. Fire Department �. 1 . Fire Department Space Needs - Discussion, Possible resolution F. Mayor/Personnel 1 . Request to Transfer Funds for Police Chief Recruitment Expenses - Resolution G . 2 . Request Authorization to Hire Temporary Technical Help - Possible resolution G. Attorney/Chamberlain 1. . Request to Hire Bankruptcy Attorney for Training and Consultation - Discussion, Possible resolution - Executive Session H. Finance/Chamberlain ✓. 1 . Personnel Item - Executive Session M 2 . Request .for Waiver of Penalty - Resolution 3. State Theater' s Debts to City - Report I. Planning & Development Department 1. Request Authorization to Hire Landscape/Environmental Planner '- Resolution J. Finance/Controller C1. Request Release of Contingency Funds for IMPACT - Resolution Approval .of B & A Minutes from March 24, 1997 CITY OF ITHACA 108 East Green Street Ithaca, New York 14850-5690 OFFICE OF THE CONTROLLER PoRA7fco Telephone: 607/274-6576 Fax:607/272-7348 April 24, 1997 Board of Trustees Cayuga Medical Center 101 Dates Drive Ithaca, New York 14850 Dear Board Members : Although the City of Ithaca and County of Tompkins have been working cooperatively on health care related issues since January, and the City had been granted a request on behalf of its employees through February 28 (later extended through March 9 ) in conjunction with the County, at the meeting of April 14, 1997, we were told that for the period subsequent to March 9, City employees would be balance billed, while County employees would not, through December 31, 1997 . We feel that this distinction is unjustified, in that all requests for information, clarification of service charges and procedure have been made cooperatively. The employees involved are all public servants, and they represent and serve a common city tax base within the county. We have expressed our concerns and our position in this regard to administrative staff, and their explanation has been that the agreement with the County should not have been made, but that Cayuga Medical Center would honor that arrangement exclusively. The data we have collected thus far shows that Cayuga' s most common semi-private room rate of $582 . 00 is $205 .00 above the current average of the fourteen Central New York region member hospitals. This means that our employees would be billed $205 per day over and above our contractual obligation to pay. Our health care benefit levels and the administration of these benefits are mandatory subjects of bargaining for City and County employee groups . Neither the City nor the County have the authority to unilaterally change our respective programs . We are currently- working with the County to review our entire program. The implementation of balance billing will impose a significant hardship on our employee groups. "An Equal Opportunity Employer with a commitment to workforce diversification." 0 Board of Trustees April 24, 1997 Cayuga Medical Center 101 Dates Drive Ithaca, New York 14850 Page 2 We are, therefore, asking for consideration of the following by the hospital Board of Trustees . We respectfully request that the agreement not to balance bill be extended on a consistent basis to City employees retroactive to March 10, 1997, or that the most common semi-private room rate be adjusted back to the average for the region, retroactive to March 1, 1997 and through December 31, 1997 . Additionally, consideration should be given to reducing outpatient charges. The adjustment in outpatient charges from 1996 payment levels to the 1997 proposal of charges minus a 5% discount represents an overall increase of approximately 38% across the board. We feel a single year increase of this magnitude is unreasonable. Very truly yours, Dominick R. Cafferillo City Controller Alan J. Cohen Mayor DRC/AJC:cs xc: Bonnie Howell, President/CEO John B. Rudd, Vice President/CFO Scott Heyman, County Administrator Common Council Members Drew Martin, President, PBA Bargaining Unit Joseph Bargher, President, IPFF Bargaining Unit Glenn Wanck, President, Chief Officers Unit David Miller, President, CSEA DPW Bargaining Unit Creig Hebdon, President, CSEA Administrative Unit Tom West, President, Executive Unit 1 � - ,r r i coneewc1 wea, mor.e. ooAr-Rd (,w►[- et ccs sskilo - - -- - VkM/-q- Qin Y4 _ - +��' - S AQ 7 O _ --- 1_- how, / ut uw. m : Vie.." % Lv C-�C)7 N C _ (RtAtJf, or WA L49- va-q"JAetwe p ► Wk 6 r �' �� C�(�!� �� ►'�E��`1��1tioo� ��`'�t �tt�trLtu./P�`�� P��`� - �. MltYV41/j P4 e --- - _ - -- (vi aft, ` ��vrvu CO o✓i X''{W - _-__-- AA Ait vxow r JAJ�fk b'lkfj- 6'ZrWX - - - L l - — �i P�fAdy _ vo 1 19 -0 ct (f�/yCt� �gfLL. ) 2S � k4 000 O�s (.y; (0-k U` - - 47- 6eV4 a/-' Com E fie ID 0 00 2'UOr - - Z400 (VI - -- - - - Sri f--� NQ(T - SkkAl - I�A p� -- - WV_-=- - N`Al t f. r' Cts 'w t FI o•ti o oo �q�1tATE0`0 CITY OF ITHACA 10B EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE: (607)274-6546 ITHACA COMMONS COORDINATOR FAX: (607)272-7348 MEEMORANDUM TO: Carol Shipe `�,/� FROM: Joshua Mandellf�`� DATE: Apel 17, 1997 RE: B&A Agenda Please include the BID's Outdoor Dining Proposal Progress Report on the B&A agenda for April 24th. This item should be brief. t March 26, 1997 TO: Mayor Cohen, as BPW chair Steven Ehrhardt, BPW vice chair Andrew Gillis, Commons Advisory Board chair FROM: Jane Marcham, B & A chair Re: BID Request for use of the Commons This is to let you know that Common Council's Budget and Administration Committee welcomed the enclosed request at our March 24 session. Basically, the Ithaca Downtown Business Improvement District is seeking "rent-free" permission to set up. its own tables and chairs at the Center Pavilion and other Commons areas for casual use by the general public. A straw vote found all seven Council members present in favor of what we perceived as an asset to downtown. But we asked that members of the BID, BPW and CAB get together and draft some written ground rules to clarify the project's scope, potential conflicts, and BID responsibilities for such items as equipment, maintenance and supervision. We'd be happy to review this agreement at our next B & A session at 7:30 p.m. Thursday, April 24 -- in time for the BID project's proposed start-up in May. Thanks in advance, for your help! cc: Bill Gray, public works superintendent Jean Deming, Commons coordinator Mack Travis, BID president Al Smith, BID chair of public services Susan Blumenthal, BID treasurer Sara Shenk, B&A vice chair MAK �J+ MAK 4 Q`_-l IDBID BOARD OF DIRECTORS TO: CITY OF ITHACA COMMONS ADVISORY BOARD FROM ALBERT SMITH, CHAIR GOVERNMENT RELATIONS AND PUBLIC SERVICES COMMITTEE IDBID WE REQUEST THE USE OF THE COMMONS CENTER PAVILION ON DAYS THAT IT IS NOT RESERVED FOR USE BY OTHER GROUPS. OUR INTENT IS TO USE THE PAVILION AS A COMMON OUTDOOR DINING AREA. WE ARE NOT LOOKING TO DISPLACE ANYONE OR ANY GROUP. WE ARE NOT LOOKING TO ADD CHAINS OR ROPES, JUST TABLES AND CHAIRS. THE CENTER PAVILION WOULD STILL BE AVAILABLE ON THE SAME BASIS THAT . IT IS NOW AVAILABLE. IF THE' CENTER PAVILION IS RESERVED WE JUST WON'T SET UP FOR THAT DAY. THE BID WILL BE RESPONSIBLE FOR THE-SETTING UP AND TAKING DOWN. OF TABLES AND CHAIRS, MAINTAINING THE AREA DURING USE AND FOLLOWING ALL RULES AND REGULATION OF THE COMMONS. WE WILL DO THIS WITH OUR FUNDS WITH NO EXPENSE TO THE CITY. ESTABLISH THIS COMMON OUT DOOR DINING AREA IS ONE OF FOUR INITIAL GOALS OF IDBID. SHOPPERS, TOURISTS, WORKERS AND STUDENTS CAN ALL ENJOY THIS AREA WEATHER THEY ARE EATING A LUNCH FROM A LOCAL RESTAURANT OR BROWN BAGGING IT FROM HOME. WE BELIEVE THAT IT WILL BE AN ASSET FOR ALL OF ITHACA. O � Center Ithaca Memorandum Date: December 27, 1996 To: Alan J. Cohen, Mayor From: Mack Travis; TSD Associates" Re: 24 hour elevator operation to service city parking garage, adjacent to Center Ithaca Concerning the operation of the Center Ithaca elevator to service the parking garage, our agreement with the City states that the elevator will be available to the garage during,the regular business hours at Center Ithaca. Currently, these hours of operation are Monday, Tuesday, and Wednesday from 8:OOAM to 6:OOPM, Thursday and Friday from 8:OOAM to 8:OOPM, Saturday 8:OOAM to 6:OOPM, and on Sunday I I:OOAM to 5:OOPM. This totals 3,640 hours out of a possible 8,760 hours or 41.6% of the potential operating time in the year in which the elevator is available to the City. As you well see from the enclosed memo from our Building Superintendent, Bill Petrillose, for this past year expenses have been as follows: Cleaning and maintenance: $ 2,098 Supplies $ 365 Service Contract $ 3,719 Repairs $ 481 Electrical Costs $ 5,210 Total $11,885 An additional $200 per month or $2,400 per year should be adequate for a repair replacement reserve. That would cover all but the most major repair or replacements for the system. This would yield a total annual cost of$14,285 to operate this elevator. Dividing this by 8,760 hours equals a $1.63 per hour. Adding 5,120 hours to our operation at a rate of$1.63 an hour would yield a City contribution to the elevator of$8,345 to bring it to 24 hour operation. Since the additional hours are at a lower usage rate, it does not seem quite fair to have the City's contribution be the $8,345 figure. Would you consider a payment of$500 per month to cover the h� City's contribution of the elevator? Please let me know if this seems fair, and what your time table is for converting to the 24 hour operation. We look forward to hearing from you. TSD Associates / Center Ithaca,Box 146 / 171 E.State St., / Ithaca,NY 14850-5562 / (607)272-5275 /Fax(607)272-5385 r- M E M O R A N D U M DATE: December 6, 1996 TO: Mack FROM: Bill RE: Operational cost of the outside elevator for the Parking Ramp 1.) Cleaning and maintenance: Labor cost for cleaning, maintenance, and Adm. $5.75/day or$2,098.95 per year cost. Cleaning supplies, bulbs, and etc. $1/day or$365 per year cost. 2.) Service Contract with Dover Elevator. Monthly cost for service contract is$309.96 or$3,719.52 per year cost. 3.) Repairs not covered by service contract for the past 12 months$481.50. 4.) Electrical cost for outside elevator. (4)25 watt bulbs and one exhaust fan: 160 watts =2 cents per hour=48 cents per day x 365 days= $175.20 per year cost motor for elevator is 60 amps at 480 volts=28.8 KW= based on four hours of operation for 16 hours of use is$13.824 per day or$5,045.76 per year 5.) Total yearly cost for outside elevator is $11.885.43 6.) This year we replaced the floor of the elevator because it was rotted out.The cost was$1,625 and we spend $200 to put anti graffiti marks on the stainless steel. 7.) When the new codes go into effect we will need to do $1,600 worth of work on the elevator. 8.) Problem with the outside elevator in cold weather. When the outside temperature is below 10 degrees,the elevator mite or will shut down. This past winter we had a 2 day, 3 day, 4 day, and (4) 1 day periods,where we had to shut down the elevator, so that people would not become stuck in the elevator. To correct this problem will cost between $780 and $1680.This is an item that needs correction, if we are going to operate the elevator 24 hours per day. i �- J. r COMMONS DINING PROPOSAL OBJECTIVE. A. Overall aesthetic improvement. B. Build larger sense of community. C. Create more overseers for the most controversial part of the Commons. D. Provide comfortable seating for longer stays in the marketplace. E. Create a place of destination for new consumers. F. Pull peripheral retailers by giving sense of sharing the central market. ADMINISTRATION. A. The Downtown Ithaca B.I.D. will supervise. B. Complaints to B.I.D. office. C. Control of participant behavior by B.I.D. viz. placement and style of furniture; cleaning/janitorial; service; notices. D. Organization of shared participant locations by B.I.D. viz. who participates; placement or sharing of tables; shared costs and supervision of cleaning,janitorial,trash. SIGNAGE. A. No general sign posters. B. Signage, by way of table tents or table attachments,which are organized and designed by B.LD. TRASH. A. Restaurants will return their own trash to their establishments or an organized location in the case of shared use areas. B. General public trash will be consumed by existing trash and re-cycling bins as presently exists. COST ANALYSIS. A. The increase of outside dining availability could have a domino affect and increase the sale of cart locations. B. We do not anticipate a controversy from paid (alcohol serving) locations adjacent to buildings which are presently paying for permits. C. Can it be considered since there is little participation in outside paid dining that it can be made free to all restaurants in the area? ti OUTDOOR DINING PARTICIPANT AGREEMENT I, of , agree to purchase tables and chairs and umbrellas from the B.I.D. at a cost of S and place them in the designated location# for outdoor dining. My anticipated use shall be from AM to PM on (please circle) Sunday, Monday, Tuesday, Wednesday, Thursday, Friday, Saturday. I agree to provide to the B.I.D. evidence of having liability and product liability insurance of at least $1M. I agree maintain the furniture in good working order and to supervise the assigned area and remove any trash or litter within 10 feet of the table location. I understand that the B.I.D. and the Commons Advisory Board may relinquish permission to place tablesand chairs out in the public space, at will. x Participant Approved by, x BUDGET OUTDOOR DINING ITEM QUANTITY MODEL PRICE 1. Benus stackable; high back chairs 24 D32-1035 $ 16.99 ea 2. Benus Sun Dining Table 6 D32-5022 $ 46.99 ea 3. Umbrella Table, Base, Umbrella, optional D32-5022 $ 216.97 ea Aw 4. Janitorial (May 15-Labor Day) 425hrs Contract labor $2,128.00 5. Liability Insurance Add on Present Policy $ None 6. Supplies and Uniforms 2 persons Uniforms $ 150.00 7. Miscellaneous $ 532.30 TOTAL BUDGET ALLOWANCE $3,500.00 The color of the tables is HUNTER GREEN. � -5 � 1 f-f.v .• ,+ _ ..- I , _ 'K. .`,, ..�• � �i� a .?4`. Ham. . `> -�'•s z "''''333333 z •�. r tr. ��_ �Y. 1 y �.2 ShalIY17ltfiwhi te ` -.i -- `'!r z -«c '�-i-. ��"� 'moi r. �,• - 'oi `.� - � .r*r � t..,, ��•�:—zea•t��-� � � �r -_ - - `4. fist s. � _ •��-�. 1 � .� 5-position stacking Stack . chaiselounge chair ' BEMIS a' 4 19. NEW BUSINESS: A. BID Proposal for Outdoor Dining on the Common$ By Commissioner Ehrhardt: Seconded by Commissionor Smith WHEREAS. the BrD has requested pennission to provide outdoor dining on the Iduca Commons in specific locations, and WHEREAS, the BID will wort; with the Superintendent of Public Works and the Commons Advisory Bond to pure that the outdoor dining program is egtdtable to all area restaurants and providos access to the Conunons by all residents of the City of Ithaca, and WHEREAS, the BID will assume rcbponsibility for the mainteuanoe and cleanliness of the outdoor dining areas, now, therefore, be it RESOLVED, That the Board of Public Works authorizes the Superintendent of Public Works to enter into an agreement with the Commons Advisory Board,the Ithaca Policc Departmcut and the BID to provide outdoor dining on the Ithaca Cordons on a trial basis for 1997. Disemsion followed on the floor. A %-ole on the resolution resulted as follows: Carried Unanimously oil CITY OF ITHACA 108 East Green Street Ithaca,New York 14850-5690 's RICHARD FERREL,ASST.SUPERINTENDENT OF PUBLIC WORKS Telephone: 607/272-1718 Fax: 607/272-4374 To: Common Council From: Richard Ferrel, Asst. Supt. of Public Works , Date: March 20, 1997 Re: Re-Authorization of Equipment Purchase During the 1997 Budget preparation process, several deletions were made from our original submission in order to meet an acceptable final figure. At the time, a quick decision was made regarding equipment to remain in the budget or to be postponed. After some time to review the Final Budget and our actual needs, I wish to adjust the Capitalized Equipment List in order to substitute a deleted item for an authorized item. Included in the 1997 Final Budget are capital funds to purchase a mowing tractor. The tractor was targeted by our Equipment Replacement Schedule which is based on equipment age and past repair cost history of similar types of equipment. Upon inspection of the tractor, we found an error in the list. The tractor is a 1992 model and not a 1987 as listed. The unit is in good condition and should give at least five more years of service before replacement is needed. I am requesting that the tractor be removed from the purchase listing. It is budgeted in the amount of $14, 000. A computer operated sign lettering machine was removed from the budget proposal in order to meet an acceptable spending level. This item has been requested by the Sign Shop Supervisor for several years. We anticipate that the machine would pay for itself in a three to four year period by savings from not purchasing currently used materials and complete custom signs. I am requesting that the $14, 000 allocated for the tractor purchase be re-authorized for the purchase of this sign lettering machine. 'An Equal Opportunity Employer with an Affirmative Action Program' �� 17. ADMINISTRATION & COMMUNICATIONS ITEMS. A. Re-Authorization of Equipment Purchase. WHEREAS, the Assistant Superintendent has reviewed the 1997 Capitalized equipment list approved with 1997 Final Budget, and WHEREAS, an error in the equipment request was uncovered in which a tractor with a replacement cost of$14,000 was scheduled for replacement because it appeared on the equipment list as a 1987 model rather than its actual date of 1992, and WHEREAS, the department would like to substitute another piece of equipment that was dropped from the 1997 equipment requests during the budget review process; now, therefore, be it RESOLVED, That the Board of Public Works requests that the approved 1997 equipment list be modified as follows: eP� 33.5' Delete - John Deere Tractor $14,000 Add ` Sign Lettering Machine $14,000 and that the appropriate adjustments be made to the 1997 Capital Projects breakdown and the operating accounts to reflect these changes. 3/26/97 ��oFIrH'9�,y CITY OF ITHACA 108 East Green Street Ithaca;New York 14850-5690 RICHARD FERREL,ASST.SUPERINTENDENT OF PUBLIC WORKS Po�1AT�Q Telephone: 607/272-1718 Fax: 607/272-4374 To: Common Council From: Richard Ferrel, Asst. Supt. of Public Works N Date: March 20, 1997 Re: Re-Authorization of Equipment Purchase During the 1997 Budget preparation process, several deletions were made from our original submission in order to meet an acceptable final figure. At the time, a quick decision was made regarding equipment to remain .in the budget or to be postponed. After some time to review the Final Budget and our actual needs, I wish to adjust the Capitalized Equipment List in order to substitute a deleted item for an authorized item. Included in the 1997 Final Budget are capital funds to purchase a mowing tractor. The tractor was targeted by our Equipment Replacement Schedule which is based on equipment age and past repair cost history of similar types of equipment. Upon inspection of the tractor, we found an error in the list. The tractor is a 1992 model and not a 1987 as listed. The unit is in good condition and should give at least five more years of service before replacement is needed. I am requesting that the tractor be removed from the purchase listing. It is budgeted in the amount of $14,000. A computer operated sign lettering machine was removed from the budget proposal in order to meet an acceptable spending level. This item has been requested by the Sign Shop Supervisor for several years. We anticipate that the machine would pay for itself in a three to four year period by savings from not purchasing currently used materials and complete custom signs. I am requesting that the $14, 000 allocated for the tractor purchase be re-authorized for the purchase of this sign lettering machine. 'An Equal Opportunity Employer with an Affirmatiar Action Pr., �«� CITY OF ITHACA z V, 108 East Green Street Ithaca,New York 14850-5690 r� OFFICE OF THE CITY ATTORNEY �Q`-.,,,e��,,"✓�� Mariette Geldenhuys,City Attorney Telephone: 607/274-6504 ��RATEO Patricia M.Kennedy,Assistant City Attorney Fax: 607/274$507 MEMORANDUM TO: Members of Common Council Debra Parsons, Chamberlain Dominick Cafferillo, Controller FROM: Mariette Geldenhuys IJt!C��i^�'�rJJ City Attorney }"" RE: Amendment of tax foreclosure proceedings DATE: April 21, 1997 Article IV of the City Charter contains the procedures for collecting unpaid city taxes. A copy of section C-44 is attached. This procedure is based on the former Article 10 of the Real Property Tax Law, which was repealed in 1994. At the time, local authorities were given the option of retaining locally enacted procedures based on Article 10. The City at that time chose to retain its procedure. Municipalities that did not opt to retain their own procedures are now governed by Article 11 of the Real Property Tax Law. The main difference between the two procedures is that, under Article 11, a tax foreclosure action is commenced in the Supreme Court, property owners are notified by personal service of court documents, a judgment of foreclosure is issued by the Court, and a foreclosure sale by competitive bid is held. Under the City's procedure, there is no personal service of notices, and the Chamberlain executes a deed to the city at a tax "sale" that is not open to competitive bidding. The City Chamberlain and I propose that we repeal our procedures for collection of unpaid taxes and follow Article 11 of the Real Property Tax Law for the following reasons: 1. A recent case of the New York State Court of Appeals held that procedures under the former Article 10 are unconstitutional. This is because the owner of the property is not given adequate notice before they forfeit their property. 2. When the city acquires a property under its current tax sale procedures, title to the property is not marketable. This creates difficulties when the city tries to sell these properties. In most instances, if a buyer wants to obtain bank financing, title insurance is required. A leading title 1 "An Equal Opportunity Employer with an Affirmativc Action Program' insurance company in this area will not provide title insurance for property acquired by the city under its current procedures until the person who acquired the property from the City has owned it for five years. Even where title insurance is not required, a title search of these properties will reveal that the title is not marketable. The Article 11 procedure will require additional work in preparing the court pleadings and conducting tax sales. It will also require additional record keeping by the Chamberlain's office. Both the Chamberlain and I will be at the meeting on April 24, 1997 to discuss any questions you may have about this matter. 2 City of Ithaca PCICodebook for Windows § C-44. Proceedings to collect unpaid taxes. [Amended 4-17-1974 by L.L. No. 4-1974; 7-15-1981 by L.L. No. 2-1981; 10-4-1989 by L.L. No. 7-1989; 12-6-1989 by L.L. No. 8-1989; 6-1-1994 by L.L. No. 4-1994] A. Notice of sale. The City Chamberlain, in the name of the city, shall forthwith proceed to collect, in the manner hereinafter prescribed, any tax, including arrearages, unpaid after October 15, with thirteen percent (13%) added to the first installment and eight percent (8%) added to the second installment. On the first Monday in November, the City Chamberlain shall cause to be published in at least one(1) of the daily newspapers published in the City of Ithaca a notice of tax sale, giving a brief description of each parcel of land to be sold, including the approximate square-foot area of each parcel, the amount of tax unpaid and the name of the owner of each parcel so to be sold as such name appears on the assessment roll of the year in which unpaid taxes were assessed. Said notice shall be published at least once a week and three (3)times before the sale, and there shall elapse at least twenty-one(21) days between the first publication and the date of sale. The City Chamberlain shall also cause such notice of tax sale to be sent by first-class mail to the owner of each parcel so to be sold as such name appears on the assessment roll. Said notice shall give a brief description of each parcel of land to be sold, including the amount of tax unpaid, and the name of the owner of each parcel. In the event that there is more than one (1) parcel of land to be sold for taxes, the City Chamberlain may insert in one (1) notice the description of the several parcels to be sold, the names of the owners of such parcels and the items of taxes due. In the event that a parcel of land is to be sold for unpaid taxes for more than one (1)year, the City Chamberlain may insert in the notice of sale a statement of the items of taxes due for each year, with the name of the owner of such parcel as such name appears on the assessment rolls of the several years in which the unpaid taxes were assessed, together with a statement of the total amount of taxes unpaid. The expense of advertising and of mailing such notices shall be an additional expense chargeable against the parcel. B. Conduct of sale. (1) Upon the date of the tax sale, the City Chamberlain shall, on behelf of the City of Ithaca, purchase all liens at the tax sale, without competitive bidding, for the gross amount due. The City Chamberlain shall issue to the person making the bid a certificate as nearly as may be in the following form: City of Ithaca Tax Certificate for the Year(insert year). This is to certify that on the (insert date), the City of Ithaca duly purchases a lien on the following described premises: (insert description of property) at the (insert year) Ithaca City tax sale and paid therefor the sum of(insert amount) for taxes, interest and expenses. Said property may be redeemed by payment of the aforementioned amount, plus fifteen per centum (15%)thereof, within one (1)year from the date of such sale. (2) Within twenty (20) days of such tax sale, the City Chamberlain shall execute and cause to be recorded in the office of the Tompkins County Clerk a list of all parcels of real property affected by delinquent tax liens held and owned by the City of Ithaca. 1 City of Ithaca PCICodebook for Windows C. After one(1)year from the date of the tax sale, a tax deed shall be issued to the City of Ithaca, unless: (1) It has been reasonably determined that the City of Ithaca might be exposed to a liability substantially in excess of the amount that could be recovered by enforcing the tax lien, (2) There is a reason to believe that there may be a legal impediment to enforcement of the tax hen affecting such parcel, (3) The enforcement of the lien has been stayed by the filing of a petition pursuant to the Bankruptcy Code of 1978, or (4) The tax has been canceled or is subject to the cancellation pursuant to § 558 of the Real Property Tax Law, or in the case where § 558 does not apply to the tax district, the tax would be subject to cancellation if such section were applicable to the tax district. If it is later determined that the lien could and should be enforced, a tax deed shall be issued to the City of Ithaca. The failure to issue a tax deed shall not affect the validity of the tax lien. D. Every such conveyance by tax deed shall be presumptive evidence that the sale and all proceedings prior to the sale, from and including the assessment of lands sold, and that all notices required by law to be given previous to the expiration of the time allowed by law for the redemption of the property from the sale, were regular and in accordance with all the provisions of law related thereto. After two (2) years from the date of the record of such conveyance such presumption shall be conclusive, except that such conveyance shall be subject to cancellation by reason of the prior payment of taxes, the nonpayment of which resulted in the sale, the illegal levy of taxes by the city or any defect in the proceedings affecting jurisdiction upon constitutional grounds, if application is made to a court of competent jurisdiction within five (5)years from the expiration of the period allowed by law for the redemption of lands sold at the particular sale sought to be canceled. E. Redemption. (1) For all properties sold t tax sale on or after January 1, 1990, the owner of any interest in the premises may redeem the premises from the tax sale at any time within thirty-six(36) months after the tax sale by paying to the City Chamberlain of the City of Ithaca for the benefit of the owner of the tax certificate the amount bid as hereinafter provided plus fifteen per centum (15%). After one (1)year from the date of the tax sale, the per centum addition to the amount bid as hereinbefore provided to be paid to redeem the premises from the tax sale shall increase by ten per centum (10%) each year or fraction thereof from the date of the tax sale. Where the City of Ithaca holds more than one (1)tax -lien on a parcel, the liens need not be redeemed simultaneously. However, the liens must be redeemed in reverse chronological order, so that the lien with the most recent hen date is redeemed first, and the lien with the earliest lien date is redeemed last. (2) The City Chamberlain shall at least three(3) months prior to the expiration of the first year provided for the redemption of said tax sale property, cause notice to be published at least once a week for three (3)weeks in the official city newspaper designated by the Common Council. The notice shall give a brief description of each parcel of unredeemed land and the amount necessary to redeem said parcel. Proof of the publication of the notice shall be filed in the office of the City Clerk within twenty(20) days after the last publication. The City Chamberlain shall also, prior to 2 City of Ithaca PCICodebook for Windows the commencement of such publication, cause such notice of unredeemed land to be sent by first-class mail to the owner of such parcel as such name appears on the assessment roll. Said notice shall give a brief description of each parcel of unredeemed land and the amount necessary to redeem said parcel. The expense of advertising and of mailing such notices shall be an additional expense chargeable against the parcel. (3) At least thirty (30) days, but not more than sixty(60) days, before the expiration of the thirty-six-month period, the City Chamberlain shall cause a notice to be sent by certified mail, return receipt requested, to the owner as shown on the assessment roll, of each parcel, upon which a lien for taxes has been sold and not redeemed, a statement describing the property in question, the date of the original tax lien sale, the amount required to redeem the property and that, unless the amount is paid to the City Chamberlain for the benefit of the City of Ithaca before the expiration of thirty-six (36) months from the date of the sale, the conveyance previously made shall become absolute, and the owner and all others shall be forever barred from redeeming such real property. Proof of the mailing of such statement shall be filed in the office of the City Chamberlain and in the office of the County Clerk at least twenty(20) days prior to the expiration of the thirty-six-month redemption period. In addition, the City Chamberlain shall cause a notice to be sent by certified mail, return receipt requested, to any person whose right, title or interest was a matter of public record as of the date the notice of tax lien was recorded, which right, title or interest will be affected by the termination of the redemption period, and whose name and address were reasonably ascertainable from the public records. The expense of determining the names and addresses of such persons and mailing such notices shall be an additional expense chargeable against the parcel. (4) At any time within thirty-six(36) months after the tax sale, the owner of any interest in the premises may redeem such real property from such tax sale, by paying to the City Chamberlain the amount specified in Subsection E(1), together with all other expenses chargeable against the parcel pursuant to this Article. In case of the failure to redeem within the time herein specified, the sale and conveyance of the property shall become absolute, and the owner and any other person claiming a right, title or interest in the property shall be barred from redemption. All persons who may have had any right, title, interest, claim, lien or equity of redemption in or upon such parcel shall be barred and forever foreclosed of all such right, title, interest, claim, Hen or equity of redemption. Any mortgage, lien or interest in such property shall be deemed to have been satisfied of record if redemption is not made. F. Tax sale docket; contents; use. The City Chamberlain shall provide in his/her office a city tax sale docket with spaces designated for the names of property owners, a description of property sold, the date of sale and the date of expiration of the redemption period, in which book the City Chamberlain shall, within five (5) days after a tax sale is held, enter the information required above. Said book shall be open for inspection at all times when the City Chamberlain!s office is open for business. G. Death of owner; transfer of interest. The death of the owner or a transfer of interest at any time of the property assessed and sold as provided herein shall in no way invalidate any of said proceedings. H. Payment prior to tax sale. The tax upon any property noticed for sale as provided herein may be paid prior to the sale by paying to the City Chamberlain the amount of said tax, penalties as provided in § 3 City of Ithaca PCICodebook for Windows ' C-43, plus the expenses of publication. I. Affidavits. The City Chamberlain shall secure and file in his/her office proper affidavits of publication of notices of sale and affidavits of sales. 4 ♦� 0��... CITY OF ITHACA Nit 108 East Green Street Ithaca,New York 14850-5690 f� OFFICE OF THE CITY ATTORNEY Mariette Geldenhuys,City Attorney Telephone: 607/274-6504 PorTt4TE0 Patricia M.Kennedy,Assistant City Attorney Fax: 607/274-6507 MEMORANDUM TO: Members of Common Council Members of the Board of Public Works H. Matthys van Cort Douglas Foster FROM: Mariette Geldenhuys City Attorney RE: Proposed amendment to Charter section C-69 DATE: April 21, 1997 The City Charter in section C-69 gives the Board of Public works the authority to lay out, maintain and improve the existing parks of the city, and to acquire land for park purposes inside or outside city limits by gift, purchase or condemnation. This section contains reference to acquisition of park property to remove conditions" ... injurious or detrimental to the health of city residents", and subsequent sald of the land once the property has been improved so as to be no longer detrimental to city residents' health. A copy of the existing provision is attached hereto. I propose that the provision be amended as set forth in the attached draft for the following reasons: 1. The City is in the process of acquiring substitute park land as part of the alienation of park land on Inlet Island. The properties to be acquired by the City are specified in State legislation, and include properties both within and outside the City limits. The proposed amendment would clarify the BPW's authority to take the property by condemnation if necessary, without reference to specific health concerns. 2. The section as it currently reads provides that the City can dispose of park land once conditions detrimental to the health of city residents have been eliminated. However,park land cannot be alienated by the city without State and Federal approval. The section is therefore inconsistent with State law. The amendment of this Charter provision will require a local law. A proposed local law is attached. If the local law is laid on the table of Common Council members no later than April 28, 1997, the matter can be voted on at the May Common Council meeting. I will be available to answer questions about this matter at the Budget and Administration committee meeting on April 24, 1997. F:\attomey\mg\rnemos\bpw.ed 1 'An Equal Opportunity Employer with an Affirmative Action Program' �.� CURRENT TEXT OF SECTION C-69(A) § C-69. Parks. A. Acquisition of land for park purposes. The Board of Public Works shall have power to adopt and execute plans for the laying out, improvement and maintenance of the parks, and to provide additional parks either within or without the limits of the City of Ithaca and, for such purposes, to acquire,by gift, purchase or condemnation, all or any of the lands within or without the limits of the City of Ithaca which, in the judgment of the Board, may injurious or detrimental to the health of any of the ' la out, cultivate and improve the]Amit s—so-t@Cen, to adopt and carry into effect such measures and devices as may, in the opinion Board, be deemed necessary to prevent the owth olJormation of disease-producing germs or oKgWsms or to otherwise render such lands not injurious or harmful to the health o y of the inhabitants of the city; and when such lands or any part thereof are so improved as to be no longer injurious or detrimental to the health of the inhabitants of the city,to sell and convey any part thereof deemed unnecessary for park purposes, the proceeds of the sale or sales of any such lands to be paid to the City Chamberlain and deposited by him/her in the Park Fund, to be used in the maintenance and improvement of all of the parks within or without the City of Ithaca or in the procuring of other lands for park purposes. PROPOSED REVISED TEXT OF SECTION C-69(A) § C-69. Parks. A. Acquisition of land for park purposes. The Board of Public Works shall have power to adopt and execute plans for the laying out, improvement and maintenance of the parks, and to provide additional parks either within or without the limits of the City of Ithaca and, for such purposes, to acquire, by gift, purchase or condemnation, lands within or without the limits of the City of Ithaca_, and to lay out, cultivate and improve the lands so acquired. F:\attomey\mg\memos\bpw.ed 2 �P Sa -=S me L-L.n"°c�ca V ^ r~^ ~=,^ — –' – –1 __ ' . ' CITY OFUU ��,�KA �K> ��yr ��m�cm ��rcec Ithaca, ��wlk`rk 14850-5-19-7 --~~ ' ................ ........ ' '`/'nnF "x(* c000' /a,/o""", u,- 2`2'u3.. /a^. 6r2�2'2-93 MEMORANDUM To Jane Marcham. Chair Budget and Administration Co dtme From: Brian H. Wilbur, Fire Chief Re: Centra| FlneStakzn - Spooe Nee s Date: 18 APR 97 As you may raca||, discussions about the need for program space for the Ithaca Fina Department have been occurring on and off for many years. The closing of two stations, renovation of three firm stsdono, and the construction of two new fire mtations, completed in 1989 ' 1990. served primarily the bunker program by enhancing and/or creating improved residential space. Currently we have pressing space needs for administra1ixa, operational. and storage functions within the department. The hiring of an administrative assistant which was made possible by this year's budget exacerbates the lack mfadministrative program space. The request today is to seek approval amtodirection and initial funding for the basic elements of the resolution to this problem. as fm||oxva: � 1 ) Funding for architectural services toevaluate. daagn, and cost out renovations to existing administrative space; this potentially includes enclosure ofthe area inthe front of the building that now houses the steamer. Estimated cost $5,0100-150. ~7�0` �/� 2 ) Funding for the renovations decided upon from the work in # 1 above. The costs for this will be determined bythe work which is proposed to be funded in that item. 3 ) Funding for larger scope study which would consider the long term viability of Central Firm Station \n-mmmdngthecurrend needs mfthe Ithaca Fire Department. No estimate of costs are included. Additional information will be provided prior to the Budget and Administration Committee meeting of 24 APR 97. cc: Board of Fire Commissioners D. CafferiUo A.Cohen T. Dorman P. Radke ' '^" Equal '`n"^,m""y /`"`p/..r, +/. ^ ,."""^.".°. ^. "..,u,", .o.,,.o"`".."' �� Fj CITY OF ITHACA 10B EAST GREEN STREET ITHACA, NEW YORK 14850 DEPARTMENT OF TELEPHONE:607/274-6550 PLANNING&DEVELOPMENT FAX:6071274-6558 H.MATTHYS VAN CORT,DIRECTOR 6071272-7348 HERMAN SIEVERDING,AICP,DEPUTY DIRECTOR To: Common Council Subcommittee on Departmental Structure From: H. Matthys Van Cort,.Director of Planning and DevelopmentAa Subject: NOTES ON MEETING OF APRIL 4, 1997 O'N Date: April 4, 1997 The subcommittee on departmental structure met on April 4, 1997. In attendance were Susan Blumenthal,Tom Hanna,Pam Mackesey,Sara Shenk,Roey Thorpe,Thys Van Cort and Herman Sieverding. The following were the decisions reached at this meeting: • It was agreed that the structure of the department should include Director,Deputy Director of Planning.&Development, or Director or Deputy Director for Economic Development, Planning Systems Manager,Historic Preservation/Neighborhood Planner,Environmental and Landscape Planner,Economic Development Planner,and the two current Administrative Secretary and Senior Typist positions. • It was agreed that the department should proceed with hiring the Environmental/Landscape Planner. Items which need further consideration are as follows: • Whether an assistant to the Planning Systems Manager, a title for which has not been determined, should be hired on a temporary basis. At a future meeting the committee will discuss the job description for this position and any changes in the work assignments for the Planning Systems Manager. • The duties of the proposed Director or Deputy Director of Economic Development, Economic Development Planner,and the assignments/job description for the Historic Preservation/Neighborhood Planner will also be discussed at a future meeting. 40 Printed on Recycled Paper "An Equal Opportunity Employer with an Affirmative Action Program' Van Cort will supply the committee with a job description for the GIS Planner. Van Cort will also supply copies of his memo on"How To Hire"and his memo describing the steps by which a City employee is hired At the next meeting on Friday,May 2 at 9:30,the first item of discussion will be the GIS Planner, after which the Director of Economic Development position will be discussed. C. Mayor Alan J.Cohen H. Sieverding ss-gNmemo\staffing T Jurisdiction: City of Ithaca Jurisdictional Class: Competitive Adopted: 01/11/89 Revised: 10/15/91 ENVIRONMENTAL AND LANDSCAPE PLANNER DISTINGUISHING FEATURES OF THE CLASS: This is a professional planning position responsible for reviewing and evaluating the environmental impact, functional design, and aesthetic details of proposed development projects. The work involves the application of the principles of landscape architecture in the review of development plans, as well as knowledge of the City's long- range goals and objectives relating to the protection and management of the natural environment. The work is performed under the general supervision of the Director of Planning and Development, with considerable leeway allowed for the exercise of independent professional judgment. Occasional supervision may be exercised over other personnel engaged in environmental or landscape planning activities. Does related work as required. TYPICAL WORK ACTIVITIES: Conducts site plan reviews of proposed municipal and private development projects, and makes recommendations concerning landscape and functional design; Conducts environmental assessments of proposed development projects, and makes recommendations concerning environmental impact; Assists in the general planning activities of the Planning and Development Department; Participates in the development of natural resource protection and environmental management programs; Assists in the administration of environmental programs, including those funded by State and Federal agencies; May conduct field investigations to assist in natural resource identification and data collection; Researches appropriate materials and literature related to federal and state aid programs, and disseminates information. to appropriate authorities and the public; Participates in meetings with legislative bodies, public officials , citizens advisory commissions, etc. to advise them on environmental and landscape planning issues and projects; May provide assistance to persons with disabilities in reaching less accessible areas of City facilities. FULL PERFORMANCE, KNOWLEDGES,, SKILLS, ABILITIES AND PERSONAL CHARACTERISTICS: Good knowledge of the purposes, principles and practices of landscape architecture; good knowledge of the principles, practices and techniques of drafting, mapping and graphic visual methods; working knowledge of the purposes , principles and practices of environmental planning; working knowledge of local, state and federal programs and legislation concerning the environment and its protection; ability to prepare complex written and statistical reports; ability to understand and interpret complex written information; ability to analyze and evaluate data; ability to communicate effectively, both orally and in writing; ability to establish effective working relationships with public officials, developers and the general public; interest in environmental matters; initiative and resourcefulness; integrity; physical condition commensurate with the demands of the position. s CITY OF ITHACA 106 EAST GREEN STREET ITHACA, NEW YORK 14850 OFFICE OF TELEPHONE THE CHAMBERLAIN (607)274-6580 To: Budget and Administration Co e� From: Debra Parsons, City Chamb 'n Re: Request for Waiver of Pe y Date: April 16, 1997 In December of 1995,a charge was assessed against the property of Rex Whitman at 317 Ithaca Road for replacement of his water service. Mr. Whitman contested this bill to Larry Fabbroni and to the Board of Public Works. His appeal was denied. In November 1996,1 made arrangements to add this bill with applicable penalties to the 1997 City First Installment. In January,I received from Mr. Whitman a check for the amount of the tax only. He said he was contesting the bill for his water service replacement in Small Claims Court. I held his check until I was notified the Court had found in the City's favor. I then sent his check back with a note that penalties were now due on the whole bill. Mr. Whitman has since paid the bill,but is requesting a waiver of penalty on at least the tax portion, since he had sent a check for that amount in January. The check was not processed because I cannot accept a partial payment. I held it until it was determined that the charge for the water service would stand. There is a long history of arbitration regarding this bill. City Code has been consistently applied in cases such as this,and it is clear in code that this is a proper bill. However,I believe Mr. Whitman was sincere in his pursuit of an adjustment,and this waiver may be an appropriate way to resolve this issue. r "An Equal Opportunity Employer with an Affirmative Action Program" t1r Recycled Paper fc �� CITY OF ITHACA 108 EAST GREEN STREET ITHACA, NEW YORK 14950 OFFICE OF TELEPHONE THE CHAMBERLAIN (607)274-6580 To: Budget and Administration Committee of Common Council From: Debra Parsons, City Chamberlain Re: 117 W. State Street, State Theater Date: April 17, 1997 I have attached for your information the taxes due on the State Theater. Current year County taxes are listed,although they are not included in the grand total at the bottom. These County taxes will become due at the County in June,after the City's warrant expires. The period to redeem this property for City tax purposes is November 1998. The County was preparing foreclosure documents last fall;Mr. Ciaschi paid the County taxes then. I have attempted to reach Mr.Ciaschi,but have been unsuccessful so far. n "An Equal Opportunity Employer with an Affirmative Action Program" Recycled Paper No 0669 Inquire at County Budget& Finance Office for unpaid County taxes and 9 assessments. Date DEBRA A. PARSONS, City Chamberlain of the City of Ithaca, NY, DO HEREBY CERTIFY THAT THERE are no taxes or charges assessed and/or payable against the premises of: zz z. S��L _MAP176 BLOCK LOT S. Z In the City of Ithaca, Tompkins County, NY, and remaining unpaid in this office, except: 19 qlCity Tax 1st Installment 19 "-7 X,itv Tax 2nd Installment O $ c12 Y' 19 State &County Tax , / r �3 19 /� Returned School Tax Water&Sewer Bill Acct.# D—D/S��! General Fund Misc Receivable Bill# Water&Sewer Fund Misc. Receivable Bill# Solid Waste Fund Misc. Receivable Bill# Assessments (Sidewalk/Curbin(i) e�z Citv Tax Sale Certificate/Deed _ $ 37133= IN WITNESS WHEREOF, I have duly executed this Certificate as ch officer,the d nd year above written rlain ASSESSMENT: Land $6275Bldg &Total $ '7oc�� Exemption �� r Requested by: m PAID TAXES CURRENT YEAR City First Installment $ City Second Installment $ d County $ r Z c POLICE CHIEF RECRUITMENT EXPENSES 1. Advertising 4000.00 (Transfer to Account 1430-450) Binghamton, Elmira, Ithaca and Utica Newspapers (4 city special) 1018.80 Buffalo News 755.20 Cortland Standard 107.09 Fingerlakes Community Newspapers 49.50 International City Management Association 246.90 Ithaca Times 69.00 Law and Order 397.25 Syracuse Newspapers 278.73 3012.47 Bills are still outstanding from the Albany Times-Union, Police Chief Executive and National Black Law Enforcement Magazine at an estimated combined cost of $800-$1000. 2. Interview Expenses 2500.00 (Transfer to Account 1430-445) Hotels 9 nights at $62.00/night 558.00 Lunches 6 days x 10 people 575.00 (U� 5 days Holiday Inn $25/day room rate 6 days Lunch @ 7.50/person / Breakfasts 6 days x 2 people 75.00 Dinners 6 days x 2 people 240.00 Plane Fare 1 candidate 640.00 Mileage 5 candidates 410.00 Total of 1300 miles at .315/mile 2498.00 REQUEST TO TRANSFER FUNDS TO HIRE TEMPORARY TECHNICAL HELP Request to transfer $6,795 from Account 1430-105 (Salaries - Administration) to Account 1430-435 (Contractual Services) Base Hourly Rate $19.65/hour Social Security Costs borne by Contractor + 3.00/hour ------------------- TOTAL RATE $22.65/hour Estimated Work per Week 15 hours Estimated Weeks of Work until new x 20 weeks Director begins work (10/1) ------------------- TOTAL HOURS 300 hours TOTAL FUNDS REQUESTED $22.65/hour x 300 hours = $6,795 GOO