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.
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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.
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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.
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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.
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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
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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 .
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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 .
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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
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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.
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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
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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.
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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.
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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
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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 .
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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
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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.
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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
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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 .
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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 .
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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.
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