HomeMy WebLinkAboutMN-B&A-1994-05-18 BUDGET AND ADMINISTRATION COMMITTEE
REGULAR MEETING 7 :30 P.M. MAY 18, 1994
MINUTES
Present:
Committee Members : Booth, Johnson, Shenk, Gray
Others Present:
Mayor Nichols
City Controller Cafferillo
Deputy Controller Thayer
Supt. of Public Works Gray
Building Commissioner Eckstrom
City Attorney Guttman
Asst. City Attorney Kennedy
Fire Chief Wilbur
City Chamberlain Parsons
Deputy Planning Director Sieverding
Planning Department Staff Chatterton
Members of the media
1 . Opening Comments:
Chairperson Booth stated that the following changes were made
to the agenda:
A. An additional DPW personnel item in executive session.
B. An additional Planning Department item relative to
selection of an environmental consulting firm.
Members of the public were asked to speak; the following
member spoke:
Doria Higgins: She discussed the Assistant City Attorney' s
memo on City Board and staff communications with the public.
She stated that the memo was improper and needed to be
clarified.
No other members of the public spoke.
2 . Public Hearing on Term for the Position of Mayor
The Committee voted, 4-0, to open the Public Hearing relative
to the possibility of increasing the length of the term for
Mayor from two years to four years .
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
Doria Higgins (2 Hillcrest Drive) stated that she was
uncomfortable with the proposed increase of the mayors term
to four years, and felt the topic should be discussed
carefully among Council and previous mayors .
Dan Hoffman ( 607 N. Tioga Street) stated that he was in favor
of a term of two years for the mayor. He stated that voters
can react to a mayor more easily with two-year terms. He
explained that the mayor can learn the job within two years,
and issues are made public more frequently if mayors are
elected for two year terms .
Chairperson Booth stated that he received a letter from Sean
Killeen of 111 Orchard Place, which recommended the Council
hold a forum of past mayors to address the question of the
mayors term limit. Mr. Killeen also suggested that Mayor
Nichols should state to the public whether he plans on running
for another term. The letter is attached to these minutes .
Mayor Nichols stated that the City Attorney has researched the
term limit issue, and found that 62 New York cities surveyed
were generally split between two- and four-year mayor terms .
The Committee voted, 4-0, to close the public hearing on the
term limit for the position of mayor. The Committee also
agreed that the term limit issue will be discussed at the
Council C.O.W. meeting, and put to a vote by the Committee at
' next months B & A meeting.
3 . Attorney
A. Domestic Partnership Health Insurance Discussion
City Attorney Guttman stated that a sick and bereavement
leave policy was approved two years ago by Council for
City employees respecting domestic partners. He
explained that now the City can extend City employees ,
health insurance benefits to City employee domestic
partners .
The following members of the public spoke on the domestic
partnership issue:
Duane Diviney ( 111 W. York Street) discussed the domestic
partnership issue and stated that the City should extend
the health insurance benefits to domestic partners .
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
Margaret Dwyer (204 W. Lincoln Street) discussed recent
court cases on the issue of domestic partners health
insurance and felt that the law should be changed as soon
as possible to extend the benefits .
Dan Hoffman (607 N. Tioga Street) stated that he chaired
the C & 0 Committee when the original domestic
partnership benefits were approved, and he expressed his
approval for the extension of the domestic partner
benefits.
Beth Rueben (26 Maple Avenue, Spencer) stated she was in
favor of changing the law for the extension of insurance
benefits to domestic partners .
The Committee discussed the domestic partner benefit
issue relative to the extension of health insurance
benefits to domestic partners of City employees .
Attorney Guttman stated that there are many questions
that need to be researched and answered, including state
and federal tax issues . He explained that the proposed
ordinance states that City employees with domestic
partners will be able to have those domestic partners
treated as spouses with respect to sick leave,
bereavement leave, health insurance or dental insurance.
After a discussion of the issue, the following motion was
made:
An Ordinance amending Chapter 215 entitled "Human Rights
Protection" of the City of Ithaca Municipal code.
Be it ordained and enacted by the Common Council of the City
of Ithaca, New York as follows :
Section 1 . That sections 215-27 entitled "Sick and
Bereavement Leave" of Chapter 215 entitled "Human Rights
Protection" is amended as follows :
1 . That subdivision 215-17 entitled "Sick and Bereavement
Leave" is hereby repealed.
2 . That a new subdivision to be known and designated as
Section 215-17 entitled "Employee Benefits" is hereby
added to said chapter to read as follows :
"Section 215-17 . City Employee Benefits .
In all City labor contracts, when determining when a current
or past employee is entitled to take sick or bereavement leave
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
or to receive health insurance or dental insurance benefits
for the employee or the employee' s family, a domestic partner
of the employee, as established by Article IV of Chapter 215,
shall be treated as if the domestic partner were the spouse of
the employee. "
Section 2 . This ordinance shall take effect immediately and
in accordance with the law upon publication of notice as
provided in the Ithaca City Charter.
The motion passed 4-0 .
B. Memo Relating to Public Comment by Boards and Staff
discussion
Assistant City Attorney Kennedy explained the memo
she wrote discussing public comments by City Boards
and staff to the Committee. Kennedy stated that
she has drafted a new memo clarifying her initial
memo. She stated that the following procedures
apply:
1. Legislative Advisory Roles - there are no
• restrictions on public comments by City
Staff/Boards . With respect to telephone calls,
letters, private comments, and public comments
(both on the record or off the record) , no record
of comments is needed.
2 . Judicial Review Roles - acting as a judge based on
facts and determining how existing law applies to
the facts .
Kennedy provided an example of what a BZA member
should do under the judicial review roles, if
approached by someone on the street regarding a
current issue. The Board member should invite the
person to the meeting, or have the person write a
letter to the Board. The Board member should
disclose the conversation to the other Board
members. City staff can talk with board members
and commissioners, but the Board member should
disclose this at the next meeting for the record.
A discussion regarding the public comment memo
continued.
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
The following members of the public spoke to the
Committee regarding the memo:
Jill Brantley ( 613 Utica Street) stated that all board
members should be allowed to speak with the public, and
there should be an increased opportunity for a
public/board dialogue.
Doria Higgins stated that she was pleased to see the
Attorney' s Office clarify their initial memo. She
supported the idea that both the public and the City
Boards should have the same information available to make
a decision. She felt the previous memo suggested cutting
off communications with the public.
Betsy Darlington stated that an even playing field is
desirable. She felt the real problem is the City staff
relationship with applicants as it relates to the
Planning Board. Chairperson Booth suggested that a
statement of guidelines to staff on how to deal with
board members would be appropriate.
• Dan Hoffman stated that the City staff is the biggest
problem. He explained that City staff has unlimited time
with applicants as it relates to the site plan review
process. He stated that he is concerned about applying
law in quasi law arenas .
The Committee took no action on this subject, but
recommended that the Attorney' s office complete the draft
clarification memo and include a statement of guidelines
to City staff on how to deal with various board members
C. Request to Amend City Charter for the Collection of Taxes
City Chamberlain Parsons stated to the Committee
that New York State recently established a new
Article 11 of the NYS Real Property Tax Law, which
establishes procedures for the enforcement of and
collection of delinquent real property taxes. She
also stated that under the new law municipalities
may decide to opt out of the new law if they so
desire.
Parsons explained that the City can opt out of the
new law because The City was authorized as of
January 1, 1993 to enforce collection of delinquent
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
taxes . She explained that she and the City
Attorney have recommended that the following areas
of the City Charter be amended:
1 . Notice of collection
2 . Conduct of sale (tax certificate)
Parsons stated that the amendments will improve the
method of collection of delinquent taxes . She
explained that the amended Charter provisions would
allow the City to:
1 . Purchase all liens on lands at the tax sale
without competitive bidding.
2 . Allow the City Chamberlain shall list all
delinquent tax liens held and owned by the
City.
3 . Allow tax deed to be issued to the City after
one year from the date of the tax sale.
4 . Provide that tax sale redemption can occur
within 36 months after the tax sale date.
After a brief discussion regarding the amendment, the
following motion was made:
A Local Law providing that the collection of taxes in the City
of Ithaca shall continue to be enforced pursuant to the
provisions of the Ithaca City Charter and amending the City
Charter with regard to the collection of delinquent taxes .
WHEREAS, the State of New York has, by Chapter 602 of the Laws
of 1993 which is effective January 1, 1995, established a new
Article 11 of the Real Property Tax Law, which Article
establishes procedures for the enforcement of and collection
of delinquent real property taxes; and specifically provides
for the redemption of real property subject to a delinquent
tax lien; and further provides for the foreclosure of a tax
lien by an in rem proceeding; and
WHEREAS, the State of New York has further provided in Chapter
602 of the Laws of 1993, Section 1104 of the Real Property Tax
Law, that the provisions of Article 11 of the Real Property
Tax Laws, shall not be applicable to a city which (i) on
January 1, 1993 was authorized to enforce the collection of
delinquent taxes pursuant to a city charter; (ii) adopted a
Local Law no later than July 1, 1994 providing that the
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
collection of taxes in such City shall continue to be enforced
pursuant to such charter, as such charter may from time to
time be amended; and (iii) filed a copy of such local law with
the State Board of Equalization and Assessment, no later than
August 1, 1994; and
WHEREAS, the City of Ithaca on January 1, 1993 was authorized
to enforce the collection of delinquent taxes pursuant to its
City Charter; and
WHEREAS, the City of Ithaca wishes to provide that the
collection of delinquent taxes in the City of Ithaca shall
continue to be enforced pursuant to such Charter, as such
Charter may from time to time be amended; and
WHEREAS, the City of Ithaca, at this time wishes to amend the
Charter of the City of Ithaca to improve the method of
collection of delinquent taxes; NOW THEREFORE
BE IT ENACTED, by the Common Council of the City of Ithaca,
New York, as follows :
SECTION 1 . The collection of taxes in the City of Ithaca
shall continue to be enforced pursuant to the Ithaca City
Charter, as it may from time to time be amended, as allowed by
New York State Real Property Tax Law Section 1104, Paragraph
2, as amended by Chapter 602 of the Laws of 1993.
SECTION 2 . That Article IV of the Ithaca City Charter
entitled "Taxation and Assessment" is amended as follows :
1 . That Section C-42 of Article IV of the Ithaca City
Charter is amended to read as follows:
"C-42 . Notice of Collection
Immediately Upon the delivery of the roll and warrant to the
City Chamberlain, the City [Controller] Chamberlain shall
cause to be published a notice thereof in [one (1) of] the
official city paper[s] , stating that, until a date therein
specified, which shall be not less than one ( 1) month after
the first publication, the City Chamberlain will collect and
receive said tax at [his] the City Chamberlain' s office. Such
tax shall be payable in two (2) installments . The first
installment shall be payable in January of each year without
penalty addition, but on all taxes unpaid at the end of the
period specified and thereafter, the City Chamberlain will
require and collect the penalty additions provided in the
following section (C-43) ; and the second installment shall be
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
payable in June of such year without penalty addition but on
all taxes unpaid at the end of the period specified and
thereafter, the City Chamberlain will require and collect the
penalty addition as provided in the following section (C-43) .
Each of said installments shall be fifty per centum (505) of
said tax. [Such notice, printed in large type, shall also be
conspicuously posted in at least three (3) public places in
each ward of the City. ] "
2 . That paragraph B of Section C-44 of Article IV of the
Ithaca City Charter is amended to read as follows:
"B. Conduct of Sale[ ; certificate] .
1 . Upon the date of tax sale, the City Chamberlain
shall [offer separately the parcels of land to be sold and
shall conduct the auction in a fair and equitable manner.
Said Chamberlain shall first offer the parcel of land in its
entirety for the amount of the tax, with the aforesaid
additions, plus the proportionate share of the expense of
publication. If said Chamberlain obtains a bidder, the
bidder' s name and address shall be recorded, and the City
Chamberlain shall then offer a one-half interest in said
parcel of land for the amount of tax plus interest and
expenses as aforesaid. If said Chamberlain obtains a bidder,
said Chamberlain shall offer a one-fourth interest in said
parcel of land and shall repeat this method, each time
thereafter reducing the interest to be sold by one-half and
each time recording the name and address of the bidder, until
no bid is made, whereupon the City Chamberlain shall declare
the interest bid for duly sold to the last bidder. Upon
receipt by the City Chamberlain of the amount of tax, plus
interest and the proportionate share of the expense
aforementioned, the City Chamberlain shall issue to the person
making the bid a certificate as nearly as may be in the
following form: ] , on behalf of the City of Ithaca, purchase
all liens on lands at the tax sale, without competitive
bidding, for the dross amounts due. The City Chamberlain
shall issue to the City of Ithaca 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) , [ (insert
name of purchaser) ] the City of Ithaca duly purchases a
[ (insert extent of interest purchased) in] lien on the
following described premises: (insert description of property)
at the (insert year) Ithaca City tax sale and paid therefor
and the sum of (insert amount) for taxes, interest and
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
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. [After one
( 1) year from the date of the tax sale, the City of Ithaca
will give to the holder of this certificate a tax deed of the
interest hereinbefore mentioned. ]
2 . Within twenty 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.
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 lien 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 Section 558 of the Real Property Tax
Law, or in the case where Section 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 years from the
date of the record of such conveyance such presumption shall
be conclusive, except that such conveyance shall be subject to
cancellation of reason of (a) the prior payment of taxes, the
non-payment of which resulted in the sale, (b) the illegal
levy of taxes by the City, or (c) any constitutional grounds,
if application is made to a court of competent jurisdiction
within five years from the expiration of the period allowed by
law for the redemption of lands sold at the particular sale
sought to be canceled. "
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
3 . That paragraph C of Section C-44 of Article IV of the
Ithaca City Charter is amended to read as follows :
" [C]E. [Notice of] Redemption.
( 1 ) For all properties sold at 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 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 hereinbefore 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 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 lien 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 [one ( 1) ] 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 [at least one ( 1) of the daily] the official City
newspaper[s] 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 days after the last publication.
The City Chamberlain shall also, prior to 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 days , but not more than sixty
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
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
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 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 mailina of
such statement shall be filed in the office of the City
Chamberlain and in the office of the County Clerk at least
twenty days prior to the expiration of the thirty-six month
redemption geriod. 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 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 paragraph 1 of this
section 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, lien 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. "
4 . That paragraph D of Section C-44 of Article IV of the
Ithaca City Charger is amended to read as follows:
[D]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 amount bid, ] the
date of sale, and the date of expiration of the redemption
period, [and the names of the assignees of certificate owners]
in which book the City Chamberlain shall, within (5) days
after a tax sale is held, enter the information required
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
above. Said book shall be open for inspection at all times
when the City Chamberlain' s office is open for business. [If
the owner of a tax certificate transfers his/her interest
therein or his/her interest is transferred by process of law
or otherwise, the person or persons to whom the interest has
been transferred shall furnish forthwith to the Ithaca City
chamberlain evidence of said transfer, whereupon notations
shall be made in the docket aforementioned by the City
Chamberlain of the transfer. If and when redemption has been
made as provided herein, the City chamberlain, by postcard
directed to the owner of said certificate as his/her name then
appears on such docket book, shall give notice that redemption
has been made and that the money therefore is on deposit in
the City chamberlain' s office for the benefit of said owner
indicated by the City Chamberlain, the City chamberlain shall
draw a City of Ithaca voucher payable to said owner for the
amount of redemption. No transfer in interest shall affect
the validity of redemption unless said transfer of interest
has been indicated upon the docket book hereinbefore
provide. ] "
5. That paragraph E and F of Section C-44 of Article IV
-of the Ithaca City Charter are hereby repealed.
6. That paragraph H of Section C-44 of Article IV of the
Ithaca City Charter is amended to read as follows:
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 Section C-43, [with interest at six
(6%) , ] plus the expense of publication. "
Section 3 . This local law shall take effect immediately
after filing in the office of the Secretary of State and shall
be applicable to all tax sales held after January 1, 1995.
The motion passed 4-0 .
4 . Fire Department - Request to Amend 1994 Authorized Equipment
List
Fire Chief Wilbur presented a request to amend the 1994
Fire Department' s Authorized Equipment list by deleting
a $590 portable radio and adding a $590 Rescue Manikin.
Wilbur stated that the current Rescue Manikin has served
its useful life. After a brief discussion regarding the
equipment, the following motion was made:
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
WHEREAS, the Fire Department would like to replace one of
their budgeted portable radios on the 1994 Authorized
Equipment List with one Rescue Manikin at an estimated cost of
$590, and
WHEREAS, the Department' s current Rescue Manikin was purchased
in 1990 and has served its useful purpose; now, therefore, be
it
RESOLVED, That the Fire Department' s 1994 Authorized Equipment
list be amended as follows:
Delete: One ( 1 ) HT100 Portable Radio $590
Add: One (1) Rescue Manikin $590
The motion passed 4-0.
5. Building Department - Request to Approve City Management
Operational Innovations
Building Commissioner Eckstrom presented the Committee
with a request to approve a general resolution relative
• to Operational Expectations of City Management. Eckstrom
explained that at a recent Mayor' s staff meeting a
discussion was held respecting methods of solving
problems and optimizing management's abilities to address
r various challenges in providing municipal services. He
noted that management felt that a resolution approved by
Council would support various risks City management will
be taking to improve quality and efficiency in government
services . Fire Chief Wilbur and Eckstrom cited various
examples of this new management style.
Mayor Nichols stated that management was looking for the
following:
A. Management is trying a new management
approach, and it may sometimes fail.
B. Management needs support from Council.
C. Management does not want Council second-
guessing them.
Chairperson Booth stated that TQM, or its equivalent, is
not a magic solution, and that there will always be a
need for second guessing in various circumstances . Booth
stated that a general resolution could be approved that
supports management innovation, and initiative, and
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
recognizing that pursuing innovation and initiatives may
create certain risks .
After a discussion of this issue, the following motion
was made:
WHEREAS, the City wishes to encourage innovation in the
leadership, operations and management of its various
departments, boards, and commissions so as to improve quality
and efficiency in the provision of government services; and
WHEREAS, the City wishes to utilize the full potential of all
its employees and lay leaders through the empowerment of
people in City government at all levels by participating in
quality service provision initiatives; and,
WHEREAS, the City recognizes that with innovation and change
come a variety of risks, and that some ideas may not work as
well as others; now, therefore, be it
RESOLVED, That the City supports the use of modern management
and operational techniques which foster innovation, facilitate
communication, improve the delivery of city services, and
empower workers; and, be it further
RESOLVED, That the City supports initiative over routine
Y approaches, accepts the possibility of risk in attempting new
ideas and approaches to traditional problems, and reaffirms
its commitment to delivering city services fairly and
efficiently.
The motion passed 4-0.
6 . Department of Public Works
A. Authorize BPW to Develop No Smoking Areas at Cass Park
Superintendent of Public Works Gray stated that the BPW
has received several requests from citizens to place "No
Smoking" signs at Cass Park. He explained that the BPW
and the Youth Bureau discussed the requests and agree
that a No Smoking Policy should be established at Cass
Park.
The Committee discussed the current policy for smoking at
Cass Park, and recommended that a No Smoking Policy be
established at the rink, and that the BPW designate the
appropriate areas at Cass Park and post such a policy.
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
The following motion was made:
WHEREAS, several requests have been received by the Board of
Public Works in favor of a No Smoking Policy at the Cass Park
Rink, and
WHEREAS, the Board of Public Works and Ithaca Youth Bureau
have reviewed the requests for no smoking and recommended that
a No Smoking Policy be established at the Cass Park Rink; now,
therefore, be it
RESOLVED, That Common Council is in agreement with the Board
of Public Works ' and the Youth Bureau' s recommendations for a
No Smoking Policy at the Cass Park Rink, and be it further
RESOLVED, That Common Council hereby authorizes that a No
Smoking Policy at the Cass Park Rink be implemented and
directs the Board of Public Works to designate appropriate
areas in and around Cass Park Rink to be included in said
policy.
The motion passed 4-0 .
B. Fiber Optic Project - Discussion
Superintendent of Public Works Gray stated that the Fiber
Optic Project specifications have been completed and are
currently being reviewed by the New York State Department
of Transportation. Gray explained that the project will
be put out to bid as soon as the City has DOT approval.
No action was taken.
7 . Planning & Development
A. Request to Increase Authorization of Cascadilla Boathouse
Stabilization Project and Approval of Grant Application
Planning Department staff member Chatterton presented a
request to the Committee to approve a grant application
of $50,000 and a Cascadilla Boathouse Capital Project
Authorization increase of $100,000 . Chatterton explained
that the City had previously approved a Cascadilla
Boathouse reconstruction project in the amount of
$100, 000, with $50, 000 in funds being derived from an
EQBA Grant and $50, 000 from City funds .
Chatterton explained that, based on a Conditions
Assessment on the building, the original repairs
necessary on the building are more extensive than
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BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
expected. She stated that an additional $100,000 would
be required to stabilize the boathouse. She explained
that the additional $100, 000 is budgeted as follows :
Pier raising, joist replacement, remove walls,
wall infill repair and veranda props $62, 000
Accessible bathrooms 38,000
Chatterton explained that the City has received the
initial $50, 000 grant and is eligible for another $50, 000
grant from the NYS Office of Parks, Recreation and
Historic Preservation. She explained that this
construction work, totalling $200, 000, will basically
stabilize the boathouse; the City will have to discuss,
at a later date, the long-term use of this building.
After a discussion regarding the building, the following
motion was made:
WHEREAS, The City approved a $100,000 Capital Project for the
Stabilization of the Cascadilla Boathouse in April 1992,
including $50,000 in Environmental Quality Bond Act Grant
Funds which were subsequently received from New York State,
and $50,000 in local funds, and
WHEREAS, It has been determined, based on .preliminary design
and a consulting engineers analysis, that the original
repairs necessary to stabilize the Cascadilla Boathouse are
more extensive than expected, and
WHEREAS, The costs to stabilize the Boathouse have now been
estimated at $200,000; and
WHEREAS, The City is eligible for another EQBA Grant; now,
therefore, be it
RESOLVED, That H. Matthys VanCort, as Director of Planning and
Development of the City of Ithaca, is authorized and directed
to file an application on forms prescribed by the New York
State Office of Parks, Recreation and Historic Preservation
for additional financial assistance in accordance with the
provision of Title 9 of the Environmental Quality Bond Act of
1986, in an amount not to exceed $50, 000 and upon approval of
said request to enter into and execute a project agreement
with the State for such financial assistance to this
municipality for the Cascadilla Boathouse Reconstruction
project and a covenant to the deed of the assisted property
for a term of not more than 23 years after the last grant
reimbursement has been paid, and be it further
16
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
RESOLVED, That the required City matching share of $50,000 for
this additional grant of Environmental Quality Bond Act
funding from New York State shall be transferred to Capital
Project #275 Cascadilla Boathouse Reconstruction for this
purpose, contingent upon final approval and receipt of said
grant funds, and, be it further
RESOLVED, That Capital Project #275 Cascadilla Boathouse
Reconstruction shall be amended by an amount not to exceed
$100,000 for a total project cost of $200, 000, subject to the
conditions stated herein, and, be it further
RESOLVED, That the additional City share of $50, 000 shall be
derived from the issuance of serial bonds .
The motion passed 4-0 .
B. Request Mayors Authorization to Sign Contract for
Adequacy Review of Wal-Mart Draft EIS
Deputy Planning Director Sieverding presented a request
to approve a contract in the amount of $16,800 for an
• adequacy review of the Wal-Mart Draft EIS. Sieverding
explained that the Draft Environmental Impact Statement
for the proposed Wal-Mart Store has been submitted. He
stated that it has been determined that a level of
r expertise beyond the planning staff level is needed to
review the DEIS.
Sieverding stated that six firms submitted proposals for
the review of the DEIS for the proposed Wal-Mart. The
Client Committee selected Clough, Harbour Associates at
an estimated cost of $16, 800 to perform the review.
After the Committee discussed the contract proposal and
payment procedures, the following motion was made:
WHEREAS, East Coast Development Company has submitted a Draft
Environmental Impact Statement (DEIS) for the proposed Wal-
Mart store on Elmira Road to the Planning and Development
Board, the lead agency for the review of this project, and
WHEREAS, the Project Coordinating Committee has determined
that outstanding commitments and obligations will prevent
staff from conducting the level of review and analysis of the
DEIS required by the Planning Board as part of its decision
making process for the proposed Wal-Mart store, and
17
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
WHEREAS, section 617 . 17 of the State Environmental Quality
Review Regulations allows the lead agency to charge the cost
of reviewing an Environmental Impact Statement to the
applicant, provided the cost of such review does not exceed
one half of one percent of the construction cost of the
project, and
WHEREAS, the Planning Board has directed a committee
consisting of representatives of the Board, the Conservation
Advisory Council and staff to solicit proposals from qualified
firms to conduct the review of the DEIS and has approved the
committee' s recommendation to hire Clough, Harbour Associates
for this assignment, and
WHEREAS, the applicant has agreed to a total fee of $16,800
which will allow Clough, Harbour to conduct both a review for
adequacy and a technical review, Now Therefore Be It
RESOLVED, that the Mayor, subject to the advice of the City
Attorney and Director of Planning and Development, is
authorized to enter into a contract with Clough, Harbour
Associates for an amount not to exceed $16,800 contingent on
the applicant' s establishing an escrow account in the same
amount with its New York State attorney. Payment of invoices
from Clough Harbour will be made only when the requested
amount has been paid to the City by the applicant from this
i escrow account.
The motion passed 4-0.
C. Request to Establish Capital Project for Daycare Center
Mayor Nichols and Deputy Planning Director Sieverding
presented a request to establish a new capital project
for the construction of a Daycare Center. Mayor Nichols
stated that in 1991 the City purchased the BT Glass
building to be used for a daycare center. Since that
time, it has been determined that the renovations on that
building to house a daycare center are not financially
feasible.
Mayor Nichols explained that the Drop-In Children' s
Center has expressed interest in the lease of City
property on First Street to construct a new daycare
facility. The Mayor briefly discussed some of the lease
terms with the Committee.
18
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
City Controller Cafferillo stated that $72,000 still
remained on the previous daycare renovation project, and
that the old capital project could be closed out, and the
funds could be transferred into the new daycare project.
Mayor Nichols agreed on this procedure and stated that
the BT Glass building would be put up for sale.
The following motion was made:
WHEREAS, The City approved the acquisition of the BT Glass
Building in 1991 at a cost of $250, 000, including building
acquisition, which building was to be renovated for daycare
purposes, and
WHEREAS, It has been determined that it is not financially
feasible to renovate the BT Glass Building as a Daycare
Center, and
WHEREAS, The Drop In Children' s Center has expressed interest
in the lease or purchase of City property on First Street to
establish a City Daycare Center; now, therefore, be it
RESOLVED, That Capital Project #290 Daycare Center be
established in the amount of $72, 000 for the purposes of the
construction of a Daycare Center.
r
The motion passed 4-0.
8 . Committee to Proceed into Executive Session
The Committee voted, 4-0, to move into executive session to
discuss various personnel issues.
9 . Report from Executive Session
Chairperson Booth reported on the following items from
the Executive Session.
A. Attorney - City Daycare Assistance Program
Assistant City Attorney Kennedy gave the Committee an
update on the current status of the City Daycare
Assistance Program dual employee issue. No formal action
was taken.
B. Attorney - Request to Amend Personnel Roster
The following motion was considered by the Committee:
19
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
RESOLVED, That the Personnel Roster of the City Attorney' s
Office be hereby amended by increasing the part-time position
of the Confidential Secretary to the City Attorney from 17 .5
hours to 30 hours per week effective June 15, 1994, and, be it
further
RESOLVED, That funds needed for said increase in hours will be
derived from existing funds within the City Attorney' s 1994
Budget.
The motion passed 4-0 .
C. DPW - Request to Amend Budget and Personnel Roster
The following motion was considered by the Committee:
WHEREAS, the Superintendent of Public Works and the Board of
Public Works have recommended an increase in salary for
Richard L. Ferrel, Assistant Superintendent of Public Works
(Streets and Facilities) , and
WHEREAS, the Budget and Administration Committee and Common
Council have reviewed this recommendation, now therefore be it
RESOLVED, That Common Council approved a salary of $56,000 per
year effective July 3, 1994, and that the funds shall be
r
derived as follows :
Account Change
No Name Increase Decrease
1440-110 City Eng. - Staff Salary $4,000
5010-105 Streets Admin. - Admin.
Salary $3,500
Related Benefit Accts . 500
The motion passed 4-0 .
10. GIAC - Request to Amend 1994 Authorized Equipment List
Deputy Controller Thayer presented a request from GIAC to
amend the 1994 Authorized Equipment list by adding a
copier machine for GIAC at a cost of $7,475 . Thayer
explained that the current GIAC copier is failing and
needs to be replaced. He recommended that, based on the
review of several copier machines, a Canon be purchased
on State Contract.
20
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
Thayer explained that $4,559 of the $7, 475 funds needed
for the purchase can be derived from the 1994 GIAC
budget. He stated that the other $2, 916 will have to be
derived from the Unrestricted Contingency account. After
a discussion regarding the copier, the following motion
was made:
WHEREAS, GIAC' s current copier is four years old and in need
of repairs to maintain the machine at its previous operating
levels, and
WHEREAS, GIAC staff, in conjunction with the Controller' s
office, has reviewed various copier machines and recommended
a machine with an estimated cost of $7,475; now, therefore, be
it
RESOLVED, That the 1994 GIAC Authorized Equipment list be
amended by adding the following:
One ( 1) copier machine $7,475
and be it further
RESOLVED, That funding for said machine will be derived by
transferring an amount not to exceed $2, 916 from Unrestricted
Contingency Account A1990 to Account A7311-210-1100 Office
r Equipment and amending the 1994 GIAC Budget as follows:
Decrease Appropriation Accounts:
A7311-215-1100 GIAC Vehicles $3, 609
A7311-476-1100 GIAC Equipment Maint. 950
Increase Appropriation Accounts:
A7311-210-1100 GIAC Office Equipment $4,559
The motion passed 4-0 .
11 . Finance Department - Controller - Request to Amend COmputer
Acquisition Capital Project
City Controller Cafferillo presented a request to amend
the existing Capital Project for computer acquisition by
$110, 000 for the purchase of a new computer financial
software program and various hardware purchases .
Cafferillo explained that in January, 1994, the Council
approved a $30, 000 computer hardware upgrade for the
Finance Department. He stated that an additional $20, 000
21
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
will be needed to complete the hardware upgrade. The
additional funding is needed for a new printer and
various hardware upgrades . Cafferillo explained that the
City' s current computer financial software is seven years
old and needs to be replaced or upgraded. A discussion
regarding the new financial package at a cost of $90, 000
followed. Cafferillo stated that a reduction in the
software and hardware maintenance costs on an annual
basis will offset some of the initial capital outlay.
Cafferillo also stated that the City' s Computer Committee
is in agreement with the purchase of the hardware and
software systems .
Discussion followed relating to the computer purchase.
The following motion was made:
WHEREAS, Common Council, on January 5, 1994, approved an
amendment to Capital Project #211 for the acquisition of
Hardware and conversion of existing software application for
the Finance Department in the amount of $30, 000, and
WHEREAS, The City Controller is recommending that the City' s
-computer financial software program be replaced at an
estimated cost of $90,000 and the estimate for new computer
hardware and software conversion costs has been increased from
$30,000 to $50,000 to include a new printer and hardware
contingency, and
WHEREAS, The City Controller coordinated the prepared
acquisition of computer equipment, related software, and
conversion of existing software applications, with the City
Computer Committee; now, therefore, be it
RESOLVED, That Capital Project #211 Computer Acquisition be
increased by an amount not to exceed $110, 000, to a total not
to exceed $140,000, for the following:
Increased Hardware Costs $20, 000
Computer Financial Software Acquisition 90,000
and be it further
RESOLVED, That the funds for said computer upgrades, and
acquisition be financed through the issuance of serial bonds.
22
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
12 . Police Department - Drug Seizure Funds - Report
City Controller Cafferillo reported to the Committee that
he had approved a budget transfer in the Police
Department in the amount of $5, 645 . 10 for the purchase of
various investigative equipment items. The equipment to
be purchased included a recording device and camera
security system. The funds will be derived from Federal
drug seizure funds . No action was taken.
13 . Finance Devartment - Payroll Deduction Environmental
Federation of New York
Chairperson Booth reported that next month the Committee
may hear a presentation on a possible new payroll
deduction for City employees related to the Environmental
Federation of New York. No action was taken.
14 . Youth Committee - Request to Amend 1994 Youth Bureau Budget
Alderperson Shenk presented a request from the City' s
Youth Committee to amend the 1994 Youth Bureau Budget by
$8,905 to expand the City' s Youth Bureau Youth Employment
Program. Shenk explained that the Youth Committee has
been looking at ways of involving more of Ithaca' s young
people in productive activities. She stated that a short
y term action to accomplish this is a program to expand
access to positive employment experiences for older teens
with key program elements as follows;
A. Include ten City of Ithaca teens in the Municipal
Jobs Program.
B. Target at-risk teens .
C. Offer teens 6 to 7 weeks of employment at $4 .25 per
hour.
D. Expand number of hours worked from 120 to 170.
Shenk explained that the program would cost the City
$8, 905 to operate, but would allow our city teens a great
opportunity. It was noted that the funds would be
derived from the Unrestricted Contingency Account. After
a discussion regarding the program, the following motion
was made:
23
BUDGET & ADMINISTRATION COMMITTEE MEETING MAY 18, 1994
WHEREAS, the Youth Committee has recommended that $8, 905 be
used to expand the City' s Youth Bureau Youth Employment
Services program to involve more of Ithaca' s young people in
productive activities, and
WHEREAS, the expansion of the program will allow ten young
City residents to participate in the Municipal Jobs Program
during seven weeks of the Summer; now, therefore, be it
RESOLVED, That the 1994 Youth Bureau Budget be amended by
transferring an amount not to exceed $8,905 from Unrestricted
Contingency Account A1990 to the following:
Appropriation Accounts :
A7310-120-1202 Hourly P/T Y.E.S. $7,225
A7310-110-1202 Admin. Y.E.S. 1,000
A9030 Social Security 629
A9040 Workers ' Compensation 51
The motion passed 4-0.
The meeting adjourned at 12 :20 A.M.
r NOTE: In many cases the actual texts of the resolutions
presented in these minutes were prepared following the
Committee's deliberations and decisions on the matters
involved. The resolutions presented here are in complete
accord with decisions made by the Committee.
24
May 4, 1994
Dear John Schroeder,
Thank you for reading this letter at tonight's Common Council meeting
during the comments from the public portion of the proceedings.
Dear Common Council,
As a constituent from the 4th Ward I have asked my senior representative,
John Schroeder, to read this letter to you on my behalf, since I am at this
moment attending a Friendship Center Board of Directors meeting in the 2nd
Ward.
In regard to your deliberations on changing the Mayor's term from 2 to 4
years, I would urge you to call upon the advice and experience of Ithaca's
former mayors. Pictured on the walls of this chamber are Mayors Johnf K ,
Conley, Bordon, Shaw and Gutenberger who served us all for more than 20
s
years. Since most of this Council has only served with Mayor Nichols,
obtaining other views through a Mayor's Forum with questions by the public,
can only aid you in dealing with this 2-4 year term question. As a courtesy,
and to acquire an additional and distinct point of view, Irene Kiley, the
widow of former Mayor Kiley, could be invited to join the Mayor's Forum.
I also believe that Lyor Nichols could best serve the public and facilitate
discussion on this important question if he would state that he will not (or Z
perhaps will) seek another term as mayor
beyond this one.
Thank you for your consideration.
Sean Killeen
111 Orchard Place
Ithaca
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