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HomeMy WebLinkAboutMN-B&A-1995-01-18 Uel BUDGET AND ADMINISTRATION COMMITTEE REGULAR MEETING 7:30 P.M. JANUARY 18, 1995 MINUTES Present: Committee Members : Booth, Shenk, Thorpe, Johnson Other Alderpersons Present: Efroymson Others Present: Mayor Nichols City Controller Cafferillo Deputy Controller Thayer Police Chief McEwen City Attorney Guttman Fire Chief Wilbur Youth Coordinator Green Superintendent of Public Works Gray Superintendent of Water & Sewer Fabbroni Deputy Building Commissioner Radke Staff Planner Chatterton Assistant City Attorney Kennedy Planning Director VanCort Building Commissioner Eckstrom Members of the media 1 . Opening Comments: Chairperson Booth stated that the following changes were made to the agenda: A. An additional Attorney item relative to the DEC fine for an incident at the Water Plant. B. An additional Police Department item relative to the City code on vehicles and traffic. C. An additional Attorney item relative to the Sciencenter lease. D. An additional Controller item relative to M & T Bank. Members of the Public were asked to speak; no members spoke. 1 J BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 2 . DPW - Possible Sale of Brindley Street Right-of-Way Chairperson Booth stated that the Brindley Street sale would be discussed in executive session. However, Dan Hoffman wished to speak on the sale in public session. Dan Hoffman explained that the City appraisal was done by Midland Appraisers, and a $110, 000 appraisal amount was established. Hoffman explained that the appraiser did not know that the City placed the condition of a permanent pedestrian walkway on the property purchase. Hoffman stated that the value of the pedestrian walkway was determined to be approximately $10,000 and therefore, his client, Mark Zaharis, would like to purchase the land for $100,000. A discussion regarding the appraisal followed. The remaining discussion on the sale of this property will take place later in executive session. 3 . Police Department - Request to Amend the City Code Police Chief McEwen presented a request to recodify the City code as it relates to Chapter 346 Vehicles and Traffic. It was noted that most of the City Code has been recodified, except for certain areas including the vehicle and traffic section. City Attorney Guttman explained that he is trying to get the authority to notify General Code Publishers and place this recodification in the new City code book. He stated that there are no word changes, only numbering changes. After a brief discussion regarding the changes, the following motion was made: RESOLVED, That this Common Council hereby amends Section 60 . 61 "Removal of Abandoned or Illegally Park Vehicles" of the City of Ithaca Municipal Code by replacing it with Chapter 346 "Vehicles and Traffic" , Article IV Entitled "Removal of Abandoned or Illegally Parked Vehicles" . ORDINANCE NO. 95 --- 346-34. Authority to impound vehicles. A. When any vehicle is parked or abandoned on any highway or public parking lot within the City during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway or public parking lot upon which said vehicle is parked or abandoned, said vehicle may be removed by the Superintendent of Public Works or by order of the Ithaca Police Department. 2 n BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 B. When any vehicle is found unattended on any highway, public parking lot or private property within the City where said vehicle constitutes an obstruction to traffic, a safety hazard or obstructs ingress and egress to private property, said vehicle may be removed by the Superintendent of Public Works or by order of the Ithaca Police Department, or at the direction of the private property owner. 346-35. Storage and charges. A. After removal of any vehicle as provided in this Article, the person authorizing the removal may cause such vehicle to be stored in a suitable place. The owner, or persons in charge of the vehicle, may redeem the vehicle upon payment to the responsible Wrecker Service facility the amount of all expenses actually and necessarily incurred in effecting such removal not to exceed the removal charges as established by Common Council, or by posting a bond with the City Chamberlain or the responsible Wrecker Service facility for the cost of said charges. The owner, or persons in charge of the vehicle, may request a tow-away investigation by the City Attorney' s Office and/or a hearing before an impartial officer designated by the City Attorney' s Office to determine whether the towing of the vehicle was authorized by this Section. Such investigation and/or hearing shall be held within five business days after the request therefor. The owner of the vehicle shall be liable for all towing and storage fees accrued during the time the vehicle remains unclaimed, or in storage, unless it is determined that the tow was not authorized by this Section. If it is determined that the tow was not authorized under this Section, the owner of the vehicle shall be discharged from any obligation for the removal and storage charges . If it is determined that the tow was not authorized under this Section, then the City of Ithaca shall be responsible for the removal and storage charges in all cases where the removal was effected by the Superintendent of Public Works or by order of the Ithaca Police Department; in all other cases, such charges are recoverable in the appropriate civil court by the Wrecker Service facility from the private property owner who directed the tow. Where the tow is authorized by a private property owner, he or she shall receive notice of any hearing requested. 3 a BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 If the owner, or persons in charge of the vehicle, do not claim the vehicle or request a review and/or hearing within fifteen ( 15) days of being notified of the tow, the City shall be entitled to assert a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. Removal charges are hereby established as follows: Ordinary removal charges shall not exceed $45. 00 total charge. "Ordinary removal" means the removal of any vehicle that does not require special equipment such as dollies, flat beds, ramps, jacks or slings. Special removal charges shall not exceed $65.00 total charge. "Special removal" means the removal of any vehicle that requires special equipment such as dollies, flat beds, ramps, jacks or slings . Extraordinary removal charges shall be based on the actual costs of the use of the extraordinary equipment, plus labor charges . "Extraordinary removal" means the removal of any vehicle requiring the use of a crane or other extraordinary equipment other than regular or special towing equipment. B. A fee not to exceed $15 . 00 may be charged by the Wrecker or Tow Service operator to the owner or operator of any vehicle requiring removal services as provided in this Chapter, whenever the owner or operator appears to remove the vehicle after the Wrecker or Towing Service operator has been dispatched or arrives, but before the vehicle has been hooked up for towing or removal. C. A fee not to exceed $20 .00 may be charged by the Wrecker or Towing Service operator to the owner or operator of any vehicle requiring removal services as provided in this Chapter whenever the owner or operator appears to remove the vehicle after the Wrecker or Towing Service operator has hooked up the vehicle for towing or removal, but before the vehicle has been removed from the scene. D. Storage fees not exceeding $10. 00 per day or fraction thereof may be charged by the Wrecker or Towing Service after the vehicle has been store for more than 24 hours. 4 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 E. A schedule of fees as listed in this Section shall be posted in a conspicuous area on the premises of each Wrecker or Towing Service operator and shall be made available upon demand by the general public. 346-36. Notice of removal. The removal and the disposition of any vehicle removed as provided in this Section shall be reported without delay to the Ithaca Police Department by the responsible Wrecker Service facility, and it shall be the duty of the Ithaca Police Department to ascertain to the extent possible the owner of the vehicle or persons in charge of the vehicle and notify him or her of the following information as soon as practicable: A. That the vehicle has been towed, the location of the vehicle and the towing and storage costs accruing. B. That the vehicle may be claimed by paying the accrued costs or by posting a bond for such charges . C. That a review of the tow by the City Attorney' s Office and/or a hearing before an impartial officer designated by the City Attorney' s Office regarding whether the tow was authorized by this Section may be requested. D. That the owner will be liable for all towing and storage costs accrued until the vehicle is claimed and released from storage, unless it is determined that the tow was not authorized. E. That if the vehicle is not claimed or a review and/or hearing requested within fifteen ( 15) days, the City shall confirm a lien against the vehicle for the amount of accrued towing and storage fees and proceed to sell the vehicle at public auction as provided by law. 346-37 . Procedure for other towing of vehicles. A. Except for instances involving property appurtenant to and obviously a part of a one-, two-, or three-family residence, and except for instances where notice is personally given to the owner or other legally authorized person in control of the vehicle that the area in which that vehicle is parked is reserved or otherwise unavailable for unauthorized vehicles and that such unauthorized vehicles are subject to being removed at the owner' s or operator' s expense (in all of which instances no further notice shall be required prior to towing or 5 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 removal) the Superintendent of Public Works, the Ithaca Police Department and the Ithaca City Clerk shall not otherwise authorize or participate in the towing, storage or disposition of vehicles illegally parked or abandoned unless the owner or person(s) in charge of the vehicle shall be notified in one ( 1) of the three (30 following ways: 1 . By issuance of a duly authorized traffic ticket for illegal parking. 2 . By written notice which shall be posted on the windshield of the vehicle and which sets forth the following information: a. That the vehicle is illegally parked, abandoned or in trespass, as the case may be; and b. That, if the vehicle is not first removed, it shall be towed after four (4) hours to a local responsible wrecker service facility which will, of necessity, result in towing and storage charges accruing to the owner or person(s) in charge of the vehicle; and C. The time and date when the notice was posted. 3 . Posted signage on the premises meeting the following requirements: a. The notice must be prominently placed on the premises, and be continuously maintained on the premises for twenty- four (24) hours prior to the towing or removal of any vehicle from the premises . b. The notice must clearly indicate, in not less than two-inch high letters on a contrasting background that unauthorized vehicles will be towed away at the owner' s expense. The notice must state clearly how long, if at all, or under what conditions, a vehicle may park before being towed or removed from the premises . 6 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 C. The sign structure must comply with the provisions of Chapter 272, Signs. B. If the vehicle is not removed after proper notice is given as set forth above, the vehicle may be towed immediately thereafter in accordance with the procedure under Paragraphs 346-35 and 346-36 above. It is not intended by the removal procedure to deny a private property owner any and all remedies for the removal of trespassing vehicles on his/her private property which may currently exist at law, provided that such removal and subsequent disposition of the vehicle does not involve the City in any way. 346-38. Notwithstanding the above, the following procedures shall apply to the failure to plea or respond to parking violation notices. A. Whenever a person has been issued a notice of violation for a parking violation and has not responded in the manner described in the notice, the City Court or the . Traffic Violations Bureau shall give the owner of the motor vehicle a second notice of the violation by regular first-class mail. B. The second notice shall include, at a minimum, the following information: 1. That the owner has a period of twenty (20) days from the issuance of the second notice in which to respond to the notice of violation for parking violation. 2 . That failure to respond to the notice of violation for parking violations may result in the suspension and/or non-renewal of the owner' s registration. 3. That failure to respond to the notice of violation for parking violation may subject the owner to additional penalties . 4 . That failure to respond to the notice of violation for a parking violation shall subject the owner to a default judgment and additional penalties . 5. That submission of a plea of guilty to the parking violation makes the owner liable for the payment of the stated fine, additional penalties and any applicable mandatory surcharges . 7 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 6. That failure to respond to the notice of violation for parking violation may subject the owner to the impounding or immobilization of* the owner' s motor vehicle. 7 . That failure to respond to the notice of violation for parking violation may result in the arrest of the owner upon a warrant issued by the court. 8 . That failure to respond to the notice of violation for parking violation may subject the owner to collection fees by an outside agency. C. Default judgment. Where the City has given notice as provided above, failure to respond to a notice of violation for parking violations within ninety (90) calendar days from the date of violation, shall be deemed an admission of liability and shall, upon following the procedures set forth in Section 1806-a. of the Vehicle and Traffic Law of the State of New York, subject the owner to a default judgment being entered thereon in amounts not greater than the amount of the original fine, applicable surcharges, accrued penalties and any other provisions provided in the New York State Vehicle and Traffic Law. D. Whenever a person has failed to respond to at least five (5) separate notices of violation for separate parking violations, the City may send to the owner of the motor vehicle by certified mail a notice to the effect that such person has failed to respond to at least five (5) separate notices of violation for separate parking violations and that the owners vehicle is subject to being impounded and/or being immobilized. Upon the mailing of such certified letter, the owner of the vehicle shall immediately be responsible for the cost of sending such notice including administrative overhead. The owner shall have ten (10) days from the date of mailing of such certified letter to respond to the notices of violation. If the owner does not respond to all the notices of violation within said ten day period, and thereafter the vehicle is found unattended, parked upon a street or on any City-owned property or property under the jurisdiction or control of the City, the vehicle may be impounded by or under the direction of an officer or designated employee of the Police Department giving authorization to a commercial towing or wrecker 8 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 service to tow the vehicle and store it in a safe place until claimed by the owner; or, it may be immobilized by or under the direction of an officer or designated employee of the Police Department in such a manner as to prevent its operation. 1 . No such vehicle shall be immobilized by means other than the use of a device or mechanism which will cause no damage to the vehicle unless it is moved while the device or mechanism is in place. 2 . It shall be the duty of the officer or designated employee of the Police Department immobilizing the vehicle, or under whose direct the vehicle is immobilized, to cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn an individual that the vehicle has been immobilized and that any attempt to move the vehicle may result in damage to the vehicle. 3. The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Traffic Violations Bureau concerning all outstanding parking violations against said person and paying the fee for the removal of the immobilization device or mechanism, if applicable, or removal and storage fees. Alternatively, the owner or person entitled to possession of such vehicle may secure the release of the vehicle by posting a bond equal to the amount of the accrued fines, penalties, surcharges, and all removal and storage charges or $1,000.00 whichever is less . 4. Immobilization, towing, and storage fees may be challenged in the City Court Traffic Violations Bureau in the same manner as charges of parking violations are heard and determined. Challenges to such fees must be submitted in person or in writing to the City Court or in writing to the Traffic Violations Bureau within twenty (20) days after the immobilization or towing of a vehicle. Failure to challenge the fees in a timely manner or to appear at a scheduled hearing shall constitute a waiver of the right to challenge such fees and a forfeiture of a bond or fees already paid. 9 01 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 346-39. Liability. The operator of a vehicle shall be liable for the fines and penalties imposed for violations of improper parking, standing, or stopping. In addition, except as provided in Section 239, Paragraph 2 . , Subdivision b. or e. of the New York State Vehicle and Traffic Law, the owner of the vehicle, even if not the operator thereof, shall be jointly and severally liable with the operator thereof if such vehicle was used or operated with the permission of the owner, express or implied, but in such case the owner may recover any fine or penalties paid by him or her from the operator. 346-40. Number of public auctions. The public auctions required herein and pursuant to the New York State Vehicle and Traffic Law shall be conducted by the City as often as is necessary in its discretion, but in no event less often than three (3) times per year at intervals of approximately four (4) months . The motion passed 4-0. 4. DPW A. Authorize Mayor to Sign Route 96 Utility Adjustments Agreement Assistant Superintendent of Water and Sewer Fabbroni presented a request to authorize the Mayor to sign a Route 96 Utility Adjustment Agreement. Fabbroni explained that during the States Route 96 project, certain utilities can be adjusted and upgraded for the city' s benefit. These upgrades are not a required part of the Route 96 project, but doing them in conjunction with that project will benefit the City and will cost the City significantly less than if the City were to undertake these upgrades independent of the Route 96 project. He stated that the betterment upgrades will be done by the state, but paid for with City funds . Fabbroni explained the three major upgrades (water & sewer main size increases) as follows: Differential Cost to the City 1 . 12" water main replacement on Fulton Street $ 79,775 2 . 8" water main on Buffalo Street 3,520 10 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 Differential Cost to the City 3 . Main sewer line replacement on Fulton Street 425,000 He stated that all of these projects increase the current size of existing mains, and that the City will be paying for the differential cost of replacing the current water and sewer mains with the cost of increasing the size of those mains. He stated that the funds will be derived from the capital projects established for this purpose. After a discussion regarding the project and the cost of pipe, the following motion was made: WHEREAS, the State of New Yorks proposed rehabilitation and relocation of Routes 89 and 96 generally from Meadow Street to west of the Flood Channel in the City of Ithaca necessitate adjustment of various utility facilities; and WHEREAS, the state will relocate and replace in-kind utilities affected by the project as part of the expenses of said project, and WHEREAS, the state will also upgrade utilities within the project limits at City expense; now, therefore, be it RESOLVED, That the Mayor be and he hereby is authorized to enter into agreements for utility adjustments with the New York State Department of Transportation wherein the City agrees to accept full title and responsibility for utility adjustments resulting from the rehabilitation and relocation of New York State Route 89 and 96 including but not limited to the following BETTERMENT upgrades at costs to the City as indicated by the following: 1) 12" water main on Fulton Street from Sta. 2+20 to 24+30 $ 79,775 2) 8" water main on Buffalo Street from Sta. 94 to Sta. 100 $ 3,520 3) Main sewer line up Fulton Street $425,000 and be it further RESOLVED, That said funds will be derived from Capital Project #506 Water Distribution System and Capital Project #606 Sewer Collection Improvement previously approved by Common Council at their January 4, 1995 meeting. 11 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 The motion passed 4-0 . B. Request to Amend 1995 Personnel Roster Superintendent of Public Works Gray presented a personnel roster amendment to upgrade the position of Assistant Supervisor of Refuse and Recycling to Supervisor of Refuse and Recycling. Gray explained that the funds for the budget upgrade were already in place, but the roster needs to be officially amended. Gray stated that he is recommending James Kelly to the new Supervisor position at an annual salary of $32,946. After a discussion regarding the salary, the following motion was made: RESOLVED, That the 1995 Personnel Roster of the Department of Public Works be amended as follows : Add: One (1) Supervisor of Refuse and Recycling Delete: One (1) Assistant Supervisor of Refuse and Recycling and be it further RESOLVED, That the position of Supervisor of Refuse and Recycling be assigned to the City Executive Association at Grade 2, and be it further RESOLVED, That James Kelly be appointed to the position of Supervisor of Refuse and Recycling at an annual salary of $32,946, effective February 6, 1995. The motion passed 4-0. 5 . Planning Department - Request to Authorize EPA Grant Application for Cascadilla Boathouse Project Staff Planner Chatterton presented a request to the Committee to authorize a $50, 000 EPA Grant application for the Cascadilla Boathouse. Chatterton explained that in June, 1994 the City approved a $200, 000 capital project for the stabilization of the Cascadilla Boathouse contingent on the City' s receiving $100,000 in Environmental Quality Bond Act funds. She stated that the City received $50,000 in EQBA funds, but was placed on hold for the second $50, 000 EQBA grant. 12 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 Chatterton explained that the project is now eligible for another $50,000 grant through the NYS Office of Parks, Recreation and Historic Preservation under Title 9 of the Environmental Protection Act of 1993. She stated that this grant would replace the other grant currently on hold. She explained that the City match would still be $50,000 and the overall reconstruction of the boathouse cost would not change from the existing $200, 000 authorization established previously by Common Council. Chatterton explained that the status of the boathouse project is such that the design phase of the project is complete and some excavation has been done, but the rest of the project is on hold until the grants are approved. The following motion was made: WHEREAS, in June, 1994, the City approved a $200,000 Capital Project for the stabilization of the Cascadilla Boathouse, contingent on the City' s receiving $100, 000 in Environmental Quality Bond Act Grant funds (of which $50,000 has been received from NYS and for which the City has applied for an additional $50, 000) , and WHEREAS, the New York State Office of Parks, Recreation and Historic Preservation has notified the City that its application for the second EQBA Grant of $50,000, has been placed on hold, and WHEREAS, the City is eligible for an additional $50,000 grant, to replace the current grant application that is on hold, through the New York State Office of Parks, Recreation and Historic Preservation in accordance with Title 9 of the Environmental Protection Act of 1993; 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 financial assistance in accordance with the provision of Title 9 of the Environmental Protection Act of 1993, 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, and be it further RESOLVED, That the required City matching share of $50, 000 for this additional NYS grant under the Environmental Protection 13 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 Act of 1993 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 by this resolution and subject to its terms Common Council does hereby reaffirm its action of May 4, 1994 respecting the stabilization of the Cascadilla Boathouse. The motion passed 4-0. 6 . Youth Bureau A. Request to Amend 1995 Youth Development Budget Youth Coordinator Green presented a request to amend the 1995 Budget by $3, 680 to reflect a Town of Dryden contribution to the Youth Conservation Corps program. Green stated that the program will take place during the summer of 1995 . He explained that this program was established three summers ago and was funded by Tompkins County. After a brief discussion regarding the program, the following motion was made: WHEREAS, the City of Ithaca Youth Bureau has been notified that the Town of Dryden will be assisting the City in funding the Youth Conservation Corps Program for the summer of 1995 in the amount of $3, 680; now, therefore, be it RESOLVED, That the 1995 City of Ithaca Youth Development Budget be amended as follows: Increase Revenue Account: A2350 Youth Services - Other Governments $3, 680 Increase Appropriation Accounts: A7310-120-1221 Hourly P/T $2,250 A7310-460-1221 Program Supplies 1,200 A9030 Social Security 172 A9040 Workers Compensation 58 and be it further RESOLVED, That the part-time position funded with this money will terminate when the funding for this program expires. The motion passed 4-0 . 14 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 B. Request to Amend 1995 Youth Development Budget Youth Coordinator Green presented a request to amend the 1995 Budget by $1,722 to reflect the receipt of funds from Time Warner Cable. Green explained that the funds will be used to develop youth employment opportunities for three young people from the city between now and the end of the school year. The following motion was made: WHEREAS, the City of Ithaca Youth Bureau has been notified that Time Warner Cable will be assisting the City in funding the development of Youth Employment opportunities for a limited number of community youth for 1995 in the amount of $1,722; now, therefore, be it RESOLVED, That the 1995 City of Ithaca Youth Development Budget be amended as follows: Increase Revenue Account: A2070. Contributions for Youth $1,722 Increase Appropriations Account: A7310-120-1202 Hourly P/T $1,564 A9030 Social Security 132 A9040 Workers Compensation 26 and be it further RESOLVED, That the part-time position funded with this money will terminate when the funding for this program expires . The motion passed 4-0. C. Request to Approve EgRenditure of Funds for Youth Bureau Vans Chairperson Booth informed the Committee that the funds necessary to purchase a Youth Bureau van were approved at the January 1995 Council meeting. However, Council wanted to be sure the overall Youth Bureau/GIAC van usage was acceptable to them before the funds could be expended by the department. Youth Coordinator Green presented the Committee with the vans overall usage for a one-week period beginning December 5, 1994. The van usage during that week and overall usage were discussed. Chairperson Booth felt that the department could do with one less van, but some programs would suffer. The Committee agreed that the van is needed, but van usage should 15 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 be monitored by the department, including the use of a formal travel log which would record time of day, mileage, number of participants, van, and description of trip. It was noted that with this van purchase the Youth Bureau and GIAC will have a total of six vans. Mayor Nichols stated that it appeared evident that there is a need for an additional van, but he still felt the $18,000 to purchase the van could be used in a better way for the city' s youth. The following motion was made: WHEREAS, the Common Council approved the established of a capital project for the purchase of a new Youth Bureau van at its regular meeting of January 4, 1995, and WHEREAS, no expenditure of funds for the purchase of said van could be made until Common Council reviewed overall Youth Bureau van usage by both the Youth Bureau and GIAC; now, therefore, be it RESOLVED, That based upon the Budget and Administration Committees review of overall Youth Bureau van usage, it has - been determined that the Youth Bureau and GIAC need a total of six (6) vans to meet current program needs, and be it further RESOLVED, That the Common Council hereby approves the $18, 000 Youth Bureau van purchase, and be it further - RESOLVED, That the Youth Bureau shall maintain a formal travel log which will record the overall van usage at both the Youth Bureau and GIAC. The motion passed 4-0 . 7 . Finance - Controller - Collateral to Secure Deposits and Designation of Official Depository Deputy Controller Thayer stated that Manufacturers and Traders Trust Company (M & T Bank) has signed a community agreement with the City and can now be considered for use when the City is looking to make deposits and secure deposits . It was noted that the City currently uses the Tompkins County Trust Company and Fleet Bank for its deposits . The following motions were made: A. RESOLVED, That the collateral deposited by the Manufacturers and Traders Trust Company (M & T Bank) as reported, be approved as to form and sufficiency. 16 i BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 B. RESOLVED, That pursuant to Section C-34 of the City Charter, the Manufacturers and Traders Trust Company (M & T Bank) be, and they are hereby designated as an official depository of City funds for the year 1995 . Both motions passed 4-0. 8 . Committee to Proceed into Executive Session The Committee voted, 4-0, to move into executive session to discuss a grievance and a number of personnel items . 9 . Report from Executive Session After the Committee voted, 4-0, to move back into regular session, Chairperson Booth reported that the following actions were taken in executive session: A. Grievance Hearing - City Executive Association Chairperson Booth reported that the Committee voted, 4-0, to deny the grievance. Separate minutes regarding the grievance have been prepared. B. DPW - Authorize Mayor to Sign Consent Order Chairperson Booth reported that the following action had taken place in executive session: WHEREAS, the State Department of Environmental Conservation has charged the City of Ithaca with violations of certain state laws and regulations covering the discharge of toxic substances from the City' s water plant; and WHEREAS, the City and the Department of Environmental Conservation are desirous of resolving the matter through a consent decree and providing for the establishment of long range and short range plan to prevent such occurrences in the future and further providing for the payment of a fine in the amount of $5, 000 in cash and $12,000 to be applied to an environmental benefit project; now, therefore, be it RESOLVED, That the Mayor is hereby authorized to enter into a consent order with the Department of Environmental Conservation which provides for the payment of such fines, a compliance schedule and an acknowledgement of responsibility for a spill of chlorine into the water treatment plant' s lagoons which resulted in an overflow to Six Mile Creek and other violations of the permit limits for discharge of 17 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 chlorine as outlined in the consent decree with amendments, as negotiated by the City Attorney' s Office in compliance with the directions from this Council. The motion passed 4-0 . C. City Attorney - Authorize Mayor to Sign Sciencenter Lease Chairperson Booth reported that the following action had taken place in executive session: WHEREAS, the City of Ithaca owns property commonly known as the Brick Dryer building or the old Vacuum Filter Building, being a brick building located easterly of the site currently being leased by the Sciencenter, which premises are currently used by Recycle Ithaca Bicycles and the Department of Public Works, and WHEREAS, the Sciencenter, Inc. , a not-for-profit corporation organized and existing under the laws of the State of New York, has requested permission to lease the said premises from the City of Ithaca for a term of three years commencing February 1, 1995, and WHEREAS, the Department of Public Works is capable of ceasing use of the premises on and after April 11 1995, and WHEREAS, the terms of the proposed lease between the City of Ithaca and the Sciencenter have been reviewed and approved by the Board of Public Works, and WHEREAS, Common Council of the City of Ithaca hereby determines that the use of these premises by the Sciencenter, Inc. , will benefit the citizens of the City of Ithaca; now, therefore, be it RESOLVED, That the Mayor is authorized to enter into the attached lease between the City of Ithaca and the Sciencenter, and be it further RESOLVED, That a capital reserve is hereby established for the purpose of financing the consolidation of the Department of Public works, and be it further RESOLVED, That the revenue to be derived from said lease shall be placed into the said capital reserve for the purpose of the consolidation of the Department of Public Works. The motion passed 4-0 . 18 0 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 D. Planning Department - Request to Temporarily Amend 1995 Personnel Roster Chairperson Booth reported that the following motion was made in executive session: RESOLVED, That based on a request initiated by the employee involved, the personnel roster of the Planning and Development Department is hereby temporarily amended by reducing the full- time position of the Environmental and Landscape Planner from 35 hours to 30 hours per week from January 1, 1995 to December 31, 1995, or for a shorter period as the Director of Planning and Development may determine, and be it further RESOLVED, That the Director of Planning and Development may return the position to its full-time status at an earlier date should he determine that the volume of work requires that the position return to its full-time, 35-hour per week status. The motion passed 4-0. E. Planning Department - Request to Amend 1995 Personnel Roster Chairperson Booth reported that the following action had taken place in executive session: RESOLVED, That the Personnel Roster of the Planning Department be amended as follows : Add: One ( 1) Planning Systems Manager Delete: One ( 1) Planner II and be it further RESOLVED, That the position of Planning Systems Manager be assigned to the CSEA Administrative Unit at Grade 21 ($28, 979 - $33, 361) , and be it further RESOLVED, That Douglas Foster be provisionally appointed to the position of Planning Systems Manager at an annual salary of $33, 361, effective February 1, 1995. The motion passed 4-0 . 19 BUDGET & ADMINISTRATION COMMITTEE MEETING JANUARY 18, 1995 F. Mayor - Personnel Item Chairperson Booth reported that the Mayor discussed a personnel item with the Committee involving a sick time refund request, and the Committee directed the Mayor to deny the request. No vote was taken. G. City Attorney - Litigation Matter Chairperson Booth reported that the City Attorney discussed a possible litigation item with the Committee, and the Committee voted, 4-0, to allow the City Attorney to settle the matter. H. City Attorney - Request Approval for Sale of Land Chairperson Booth reported that the Committee voted, 4-0, to approve the sale of a parcel of land, and directed the City Attorney to proceed with the negotiation for final sale. I . Mayor - Status of Cornell Discussions Chairperson Booth reported that the Mayor discussed the current status of the Cornell University/City discussions . No action was taken. The meeting adjourned at 12 :05 A.M. 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. 20