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HomeMy WebLinkAboutMN-B&A-1990-06-20 BUDGET AND ADMINISTRATION COMMITTEE MINUTES REGULAR MEETING 7:30 PM JUNE 20, 1990 PRESENT: COMMITTEE MEMBERS: Booth, Romanowski, Golder, Cummings (Present for a portion of the meeting, excused from the remainder) COMMITTEE MEMBER EXCUSED: Peterson OTHER COUNCIL MEMBERS: Daley, Mayor Nichols OTHERS PRESENT City Controller - Cafferillo Deputy Controller - Thayer Director of Planning and Development - Van Cort Deputy Director of Planning and Development - Mazzarella Youth Bureau Director - Cohen City Engineer - Gray City Attorney - Guttman Acting Assistant Superintendent of Public Works - Carpenter BPW Commissioner - Reeves Activities Center Coordinator, G.I.A.C. - Fort Representatives from the Sciencenter Board Members of the Media 1. Opening Comments: Chairperson Booth stated the following changes to the agenda: A. Agenda item 1, Appropriation of Funds for the Arts Services Organization: this item was tabled until the July B&A meeting at the request of the Arts Services Organization. B. Addition - A report by the Mayor on the negotiation between the City and the Sciencenter and proposed resolution. C. Addition - Executive session at the end of the meeting relating to a personnel item. Chairperson Booth asked for any public comments; there were no speakers from the public. 2 . Planning Department A. Capital Budget Review Process Director of Planning and Development Van Cort presented a recommendation to improve the current Capital Budget Review Process. Director Van Cort stated that the capital review process needed to be improved and shortened from its current format. If the recommendations are approved, the Capital BUDGET AND ADMINISTRATION MINUTES - 6/20/90 Review Committee will need to be appointed. The members of the Capital Review Committee would include representatives from the Common Council, the Planning and Development Board, the BPW, the City Controller, the Superintendent of Public Works, and the Director of Planning and Development. Director of Planning Van Cort stated that the capital review process should include a multi-year infrastructure repair and replacement schedule prepared by the Board of Public Works. This schedule would take approximately a year to complete and therefore would not be able to be used in the capital review process until 1991. Alderperson Golder stated that he would like to see some type of public group to be included in the capital review process to represent the public's input. The consensus of the Committee was to accept the capital review committee as proposed by Director Van Cort and if, in the future, other representatives are needed, they can be added at a later time. The Capital Review Committee would review the proposed projects by listening to the Departments' requests as to why the capital projects are needed and then the Committee would prioritize the projects and recommend the projects to the Mayor and the B&A Committee. It was noted that if the process was approved at the July Council meeting, the Capital Review Committee would meet in August. Director of Planning Van Cort stated that the Planning Department has not received many capital project proposals thus far and has extended the deadline for submission of capital project proposals. A discussion on the involvement of the Community in the capital review process followed. Chairperson Booth suggested that the B&A Committee hold a public hearing after the Capital Review Committee has recommended particular projects to the B&A Committee. This public hearing would be held separate from the overall public hearing on the entire budget. The following motion was made: WHEREAS, the City's Capital Budget Review Process as it presently exists has been lengthy and unstructured, and WHEREAS, the existing Capital Budget Review Process has not provided the City government sufficiently detailed evaluations of proposed capital projects to allow the City to reach timely and adequately informed decisions regarding the priority and funding of capital projects, now, therefore, be it 2 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 RESOLVED, that Common Council endorses the following general framework for a revised Capital Budget Review Process: 1. There shall be a Capital Budget Review Process Committee (the Committee) consisting of the following members: the chairpersons of the Budget and Administration Committee and the Planning and Development Committee; two persons from the Board of Public Works and two persons from the Planning and Development as those boards shall determine; the Director of Planning and Development; the Superintendent of Public Works; and the City Controller. Each member of the Committee may designate an alternate, as he/she desires, and that alternate may act in whatever capacity the committee member determines is appropriate. The Mayor shall not be a member of the Committee but shall participate in its deliberations to whatever extent the Mayor determines is feasible and desirable. 2. The Committee shall be chaired by the Director of Planning and Development, and the Director shall be responsible for calling the meetings of the Committee. 3. The Capital Budget Review Process shall operate on the following general schedule: a) by April 15th of each year the Director of Planning and Development shall solicit requests for capital projects in the following year; b) project requests shall be turned in to the Director by June 15th; C) by June 30th, the Director of Planning and Development, the Superintendent of Public Works, and the City Controller (or their designees) shall review each capital project request for factual accuracy and shall request modified or additional information from the entity or person submitting that request necessary for the Committee to conduct its review; d) the Committee shall conduct its review of all the proposed capital projects during July and August and complete that review by August 31st; e) upon completion of review the Committee shall submit its recommendations regarding capital projects to the Mayor, so that he/she may consider them in preparing the Mayor's proposed budget for the following year, and to the Budget and Administration Committee (and a copy of these recommendations shall be sent to each City department head) . 4 . In conducting its review and making its recommendations, the Committee shall be responsible for: 3 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 a') reviewing in detail the proposed capital projects and ranking all of these projects in terms of their importance to the City; b) determining which capital projects the Committee believes should be undertaken in the following year (referred to hereafter as "recommended capital projects") and which projects should be included in the City's five year Capital Improvement Program; C) ranking the recommended capital projects in terms of their funding priority for the following years; d) indicating the schedule for design and construction of the recommended capital projects; and e) stating the alternatives available to the City for funding each recommended capital project on a year by year basis. 5. In order that the Committee is fully informed about the nature, need, and expense associated with proposed capital projects and in order that City departments are informed about the Committee's deliberations, the Committee shall be responsible for meeting and communicating with the appropriate department heads regarding the project proposals. The Committee shall also be responsible for meeting and communicating with such other persons as it determines is necessary and appropriate in order for it to complete its review and recommendations. 6. No capital project proposed in a previous year shall be reviewed by the Committee unless an updated proposal for that project is resubmitted for the Committee's review during the current year. This provision shall apply to both proposed projects that were funded and those that were not funded in previous years. 7. All Capital project requests shall be typed and submitted in such form as the Committee determines is appropriate; and be it further RESOLVED, that in order to facilitate the Capital Budget Review Process in future years, the Board of Public Works shall take those steps necessary to develop, maintain, and update on a continuous basis repair and replacement schedules for all major infrastructure elements in the City (e.g. , roads, bridges, sewer pipes, storm drains, and water supply pipes) , such schedules to provide forecasts for repairs and replacements needed over five, ten, fifteen, and twenty year periods (or such other periods as the Board determines are appropriate) ; and be it further 4 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 RESOLVED, that Common Council urges the Board of Public Works, working with the appropriate City departments and boards, to develop and implement viable processes for creating public dialogue and obtaining public input with respect to capital projects that are likely to be controversial, before those projects are funded and/or plans for those projects are finalized. The motion passed 3-0. B. G.I.A.C. Pool - Architectural Contract Director of Planning and Development Van Cort stated that the City has contracted with HOLT Architects to perform architectural services for the design of an in-ground pool on the open site north of G.I.A.C. Shortly after the design phase of this project was started the question was raised regarding the possibility of chemical contaminants on the pool site. At that time all work was stopped. At the current time, NYSEG is evaluating the conditions on the site. It was noted that the predecessor to NYSEG had a coal gasification plant on the site and the site now contains coal gasification by-products stored in large concrete tanks. NYSEG has agreed to do everything necessary to make this site safe and has completed about 75% of its evaluation process. NYSEG and the Ithaca City School district have hired a consultant to monitor the situation at the site. Representatives from the City and from HOLT Architects have been going to a few of the meetings to learn more about the contaminants and the procedures to clean up this site. The architectural services relating to the contaminants performed by HOLT Architects were not a part of the original Architectural Design contract, and therefore a proposal to amend the contract to reflect the costs incurred relating to this issue is before the B&A Committee. The amendment would allow the architects to attend the meetings and advise the City concerning the materials on the site. The approximate cost of this amendment is $2,750. The funding for this increase would be added to the design costs of the project and come from the Capital Project established for this purpose. Alderperson Golder had some concerns relating to the process by which the Architect should be paid to learn about the toxic chemicals. Alderperson Romanowski suggested that possibly NYSEG could reimburse the City for the costs incurred relating to the clean up of the contaminants. Director Van Cort stated that its a possibility and that he would do some further investigation. 5 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 Prior to the vote on the following motion, Alderperson Golder stated that he could not see spending thousands of dollars for an unnecessary problem. The architects should not have to design around the toxic material, and they should be able to be informed by other City representatives regarding the meetings with the consultants. City Engineer Gray and Chairperson Booth both responded by stating that this was not the place to try to save dollars because in the long run it may cost the City a much greater dollar amount. The following motion was made: WHEREAS, HOLT Architects has provided services to the City relative to the NYSEG investigation of contaminated materials discovered on the proposed G.I.A.C. Pool construction site, and WHEREAS, in view of the fact that this was an unforeseen issue when the original agreement was prepared, and WHEREAS, the Planning Department has recommended that the involvement of HOLT Architects in discussions relating to the handling of such contaminants is imperative to permit the proper design of the G. I.A.C. Pool, now, therefore, be it RESOLVED, that the agreement between the City and HOLT Architects be amended to provide for up to $2 ,746 to cover both services already provided and additional services related to the issue of contaminated material, such services to be provided within the existing capital project authorization. The motion was approved 2-1 to go to the Committee of Whole meeting of Common Council. Alderperson Golder voted against the motion. Director Van Cort stated that the City would hold a public informational meeting on the issue of the contaminants. The public meeting will be held at G. I.A.C. , and NYSEG will provide a summary report to the public relating to the project. A brief update on the search for possible architects for the G.I.A.C. renovation project was given by Planning Director Van Cort. He stated that he is waiting for the names of the people who will serve on the Committee set up by Common Council to assist in the selection process. Once the names are received and the Committee is selected, the process for selection of an architect will begin. C. Request to Transfer Funds for purchase of Computer Equipment Deputy Director of Planning and Development Mazzarella presented a request to transfer funds from the Planning 6 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 Department's fee line for the purchase of $11, 023 in computer equipment. Deputy Director Mazzarella stated that the Planning Department increasingly needs computer equipment which they do not have. Currently, six staff members share the use of one IBM PC. Future projects that are proposed by the Planning Department involve the major use of computers. The immediate computer needs of the Planning Department, which are included in this request include three computers, one software package and one laser printer. The total cost is $11, 023 , but the Department would like the transfer of up to $12 , 000 for a cushion. In the future, more computers will be needed, but this request takes care of the Department's immediate needs. A discussion followed on the funding for this request, as proposed, from the Planning Department's contract line. The contract line, which has a current balance of $14, 648, is used for contracts that come up during the year or special projects requested by Council. The contract line in the past has been used for land surveys, summer students and various other contracts. The Committee was concerned that if $12, 000 were transferred out of the contract line, the remaining balance would only be $2, 600, which would leave a small amount for the remaining six months of the year. After a brief discussion on the computer problems in the Planning Department, Chairperson Booth stated that he was surprised at how large the amount of the request was, but understood the computer needs of the Department. Chairperson Booth suggested that the Committee table this item and work with the dollar amount and investigate possible alternative funding for this request. Planning Director Van Cort stated that funding for this request could come from a number of different Planning Department accounts instead of just the contract line. The Committee agreed to this proposal, as long as the investigation was done prior to the Common Council 's Committee of the Whole meeting. The Committee unanimously agreed that the Planning Director and the Controller would determine before the Committee of the Whole meeting whether the proposal could be funded from several Planning Department lines, leaving substantial funds in the Department's contract line. D. Deputy Director Search Director of Planning Van Cort stated that his Deputy has given notice in that he will be leaving the City in 7 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 approximately two weeks. Director Van Cort stated that he has started the search for his replacement but the search will take at least six months. Director Van Cort also stated that replacing Paul Mazzerella will probably require the hiring of a deputy above the minimum amount for this position. Director Van Cort stated that he will probably be here next month requesting the hiring of a consultant to provide services to the Planning Department in Paul 's absence. The Committee thanked Deputy Director Mazzarella for service to the City and wished him well in his new employment. 3 . Youth Bureau A. Adult Program Budget Youth Bureau Director Cohen and Activities Center Coordinator Fort, presented a request to increase the revenue in the program supply line by $250. The $250 increase in revenue has been secured through fund raising. The $250 will be used to purchase trophies for the Adult Basketball League. After a brief discussion, the following motion was made: RESOLVED, that the 1990 budget be amended by increasing Account A7311-460, G. I.A.C. Program Supplies by $250, and be it further RESOLVED, that Account A2070 Contributions for Youth be conversely increased by $250 to reflect a fund raising effort for such purpose. The said resolution passed 3-0. Youth Bureau Director Cohen also requested an increase in Contractual line item (435) by an additional $690 to cover the revenues the Youth Bureau expects to collect because it raised the registration fee for the Summer Basketball League. Chairperson Booth stated that in those cases in which a City Department increases revenues in a particular account, the City should normally not increase expenditures allowed in that account. Revenue to the City supports many City services, and many City expenditures do not have a direct revenue source associated with them. Minor adjustments to the budget should not be done in the middle of the year, but rather they should be done during the budget discussions. City Controller Cafferillo discussed with the Committee the fact that some of the 1990 projected City revenues will be 8 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 less than what was expected because of the decrease in revenue from the recently passed New York State budget, among other things. After further discussions on revenue, the Committee took no formal action on the increase of revenues and expenditures related to the registration fee for the summer basketball league. B. Request to Amend 1990 Budget for the Bottomline REACH Program Youth Bureau Director Cohen and Activities Center Coordinator Fort presented a request to amend the 1990 Youth Bureau budget by $1, 000. The Youth Bureau will be receiving a $1, 000 grant from the Cornell members of the Consortium on Women and Minorities in the Skilled Labor Force. The Youth Bureau requested a transfer of $1, 000 from part-time seasonal salaries to: G.I.A.C. Contractual Services ($850) and G. I.A.C. Travel and Mileage ($150) . The Youth Bureau also requested an increase in G.I.A.C. 's Travel and Mileage account by $475 and G. I.A.C. 's Program Supplies account by $525. It was noted that the request is budget neutral. The following motion was made: WHEREAS, G. I.A.C. has secured a Grant from Cornell University of $1, 000 to fund the establishment of a summer Vocational Education Program, now, therefore, be it RESOLVED, that Account A2070 be increased by $1, 000 to reflect the receipt of this Grant, and be it further RESOLVED, that the 1990 budget for G. I.A.C. be amended as follows to implement said Program: A. Transfer $1, 000 from Account A7311-120, Part-time/ Seasonal salaries to Account A7311-435, GIAC Contractual Services in the amount of $850, and the balance of $150 to Account A7311-445, GIAC Travel and Mileage, and B. Increase Account A7311-445, Travel and Mileage, by $475 and Account A7311-460, GIAC Program Supplies, by $525 as a result of the receipt of the aforementioned Grant. The motion passed 3-0. C. G. I.A.C. Request to Add a Vehicle Youth Bureau Director Cohen and Activities Center Coordinator Fort presented a request to amend the G. I.A.C. equipment list to purchase a used vehicle from the Department of Public Works, when it becomes available. 9 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 Director Cohen stated that the vehicle would probably be available in July or August of this year. It was noted that this automobile would be a replacement vehicle and that a new car will not be purchased. Alderperson Romanowski stated that he would vote in favor of this request, but, when available, he would like to see the dollar amount for the automobile. After a brief discussion on vehicle maintenance and the G. I.A.C. 's current van usage the following motion was made: RESOLVED, that subject to availability, one surplus automobile shall be transferred from the Department of Public Works to G.I.A.C. for program use, and be it further RESOLVED, that G. I.A.C. staff shall allocate the required operation and maintenance costs of said vehicle within existing budget appropriations for the balance of the 1990 fiscal year. The said resolution passed 3-0. D. Cass Park - Request to Transfer Funds Youth Bureau Director Cohen presented a request from Cass Park to purchase a Canon Copier for $1, 395. The funding would come from existing monies in the Youth Bureau's budget. The purchase of the copier would be budget neutral. It was noted that a lease for this copier would not be feasible because the purchase price of the copier is small. This copier would replace the existing copier, which is in need of $500 to $700 in repairs. The following motion was made: RESOLVED, that the authorized equipment list of the Youth Bureau be amended to include one copy machine at an amount not to exceed $1, 395 and be it further RESOLVED, that the following transfers be made from existing appropriations for such purpose: Increase Account A7310-210 Office Equipment 1, 395 Decrease Account A7310-225 Other Equipment ( 622) Decrease Account A7310-440 Staff Development ( 500) Decrease Account A7310-460 Program Supplies ( 273) Total 1, 395 The motion passed 3-0. E. Request to Amend the 1990 Budget 10 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 Youth Bureau Director Cohen presented a request to amend the 1990 Youth Bureau budget by $2, 000 to reflect the receipt of a $2, 000 grant from Cornell University's Office of Equal Opportunity. The grant would provide for a four week program within the Paul Schreurs Memorial Program. The program will consist of mini-classes taken at TC3 and BOLES by high school students. The $2, 000 in funds will be used to pay instructors at TC3 and BOCES, housing at TC3, admissions and food. After a brief discussion on Cornell 's involvement in this program the following motion was made: WHEREAS, the Youth Bureau has secured a $2, 000 Grant from the Cornell University Office of Equal Opportunity for the development of a four-week summer project within the Paul Schreurs Memorial Program, now, therefore, be it RESOLVED, that Account A2070, Contributions for Youth, be increased by $2, 000 to reflect the receipt of such Grant, and be it further RESOLVED, that the 1990 budget for Youth Bureau purposes be amended as follows: Increase Account A7310-435 Contractual Services 1, 000 Increase Account A7310-470 Rental of Equipment 960 Increase Account A7310-460 Program Supplies 40 The motion passed 3-0. F. Request to Amend the 1990 Budget Youth Bureau Director Cohen presented a request to amend the 1990 Youth Bureau Budget by $3, 000 to reflect a grant from the New York State Education Department for an expansion of the Access to College Education (A.C.E. ) program. The funding would provide summer programming for elementary students making the transition to middle school to help these students successfully complete high school and continue on to college. The program will serve only Ithaca City School District students. After a brief discussion on the program, the following motion was made: WHEREAS, the Youth Bureau has received confirmation of a $3 , 000 grant from the New York State Education Department for expansion of the Access to College Education (A.C.E. ) Program, now, therefore, be it RESOLVED, that the 1990 budget be amended as follows: A. Increase Estimated Revenues, Account A3820, State Aid for Youth Programming by $3, 000. 11 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 B. Increase Appropriations Accounts A7310-120, Part- time Seasonal Salaries, and A7310-460, Program Supplies, by $2, 000 and $1, 000 respectively. The motion passed 3-0. G. Report on Negotiations With the County Youth Bureau Youth Bureau Director Cohen gave the Committee an update on the ongoing negotiations with the County Youth Bureau. Director Cohen stated that he had just received a proposal from the County stating which direction they plan to take for 1991. Director Cohen stated that he has not had a chance to completely review the proposal, but it appears the County will use approximately the same dollars and the same programs as 1990 with adjustments for cost of living increases. No further discussion on this topic took place; the Committee wanted the issue to be included on next month's B&A agenda. H. Executive Session Report - Youth Bureau Personnel Item The Committee moved into a brief executive session to discuss a Youth Bureau personnel item. Chairperson Booth stated that the following action was taken during the executive session: RESOLVED, that Julia Ortiz be provisionally appointed to the position of Senior Stenographer at G. I.A.C. , at an annual salary of $14, 504 , which is Grade 9/Step 3 on the 1990 CSEA Administrative Unit Compensation Plan for 35 hour per week employees. Said action passed 3-0. 4 . Mayor - Sciencenter Discussions and Possible Sale of Land Mayor Nichols, Alderperson Daley, BPW Commissioner Reeves and representatives from the Sciencenter were on hand to discuss the negotiations between the City of Ithaca and the Sciencenter for the possible sale of land by the City to the Sciencenter. Alderperson Cummings arrived during the discussions on the Sciencenter. Mayor Nichols gave the Committee an update on the negotiations that had taken place between the City and the Sciencenter. The Mayor stated that the City's intentions going into the negotiations with the Sciencenter were to 12 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 lease the one acre of land to the Sciencenter. However a lease agreement was not workable, and the negotiated agreement was to sell the land to the Sciencenter with many terms attached. Mayor Nichols stated that the current appraisal done for this property was prepared on the basis of an assumption that the property would be zoned B-4 . The appraisal valued the property at $159, 000. However, the - actual zoning for this property is P-1 and present discussions on the zoning reflect that the property will stay a P-1 zone indefinitely. Mayor Nichols stated that the terms of the negotiated agreement for the sale of the City's one acre of property were as follows: A. The purchase price of the land is $104, 000 - that figure represents 65% of value under a zoning of B-4 . B. The Sciencenter immediately will pay a $25, 000 down payment (non-refundable unless City exercises power of eminent domain) . C. The Sciencenter will carry $1, 000, 000 in liability insurance indemnifying the City. D. The closing will occur by 12/31/91, with the balance of the payment ($79, 000) due at that time. E. If the Sciencenter does not build within two years from the closing date, the City will have the option to buy back the property at $104, 000. F. The City will perform the survey of the property and assume the cost of such survey. G. If within 50 years from the closing date of the sale of land to the Sciencenter, the Sciencenter wants to sell the building and is not going to open another Science Center within the City, the City has the option to purchase the property at the current appraisal value of the land. H. There will be a cross agreement for the sharing of parking. I. A height limit will be set on the building. Mayor Nichols stated that discussions and negotiations over the purchase price took many hours. He stated further that the price agreed upon seems to be a reasonable price. Mayor Nichols also recommended that the approval process for this sale should move along as quickly as possible so that the Sciencenter can begin their intense fund raising. 13 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 The B&A Committee expressed a number of concerns relating to the sale of the land, including: what happens if the use or the zoning changes in this area in the future and whether the Sciencenter will be tax exempt. The Committee also suggested that the deed include the following addition : any possible future architectural changes to the building would have to be approved by the City. Alderperson Cummings was excused from the meeting. Before leaving she stated that if there were a vote on this issue she would be in favor of the sale with the Mayor's terms and the addition of the site change approval by the City. Alderperson Romanowski stated that based on the agreement and terms for the sale of land that he has heard, he is in favor of the sale. Alderperson Golder also stated that he is supportive of the project and that the concerns of protecting the City have been met with terms of the agreement. Alderperson Daley suggested that if the project is approved, it would enhance the value of the land around the Sciencenter. Chairperson Booth stated that he is not in favor of this agreement. He stated he would have been strongly in favor of a lease for this site. The value to the City of controlling the two acre site is very high. He felt the price agreed upon $104, 000) was not enough for the City to give up long term control of such a large piece of land in the City. Chairperson Booth stated that the Sciencenter was a popular group and probably would have no trouble in raising another $50, 000 to bring the purchase price closer to $150, 000, the appropriate appraised value of the property. However, with the agreed upon purchase price of $104, 000, he cannot vote for this project. Alderperson Romanowski stated that he would vote for this project so that the project gets started, but he would have liked to have seen the negotiated price higher than $104 , 000. He stated that his vote may change between now and July 11 Common Council meeting if he receives any new information, but at this point he does not see that happening. Chairperson Booth stated that it is clearly understood by all parties that use of this piece of property does not in any way impact what the DPW does in relation to their proposed consolidation. Chairperson Booth also stated that all parties understood that this agreement with the Sciencenter would not commit the City to any actions with respect to any land other than the two acre site on which the Center would be located. 14 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 The following motion was made: WHEREAS, the Science Discovery Center of Tompkins County is interested in constructing a Sciencenter in the City of Ithaca; and WHEREAS, Common Council believes that the existence of such a Sciencenter within the City of Ithaca will have many benefits to the City including, but , not limited to, providing and improving cultural and educational benefits for City residents, increasing tourism within the City, and increasing land values in the surrounding neighborhoods; and WHEREAS, the property has an appraised value, if it was zoned as B-4, of $159, 000; and WHEREAS, since the property is currently zoned P-1 and is intended to remain zoned P-1, the value of the property may, therefore, be less than $159, 000; and WHEREAS, the Science Discovery 'Center of Tompkins County is willing to acquire the property with certain restrictions; now, therefore, in consideration of the above factors, be it RESOLVED, that the Common Council of the City of Ithaca hereby determines that considering the zoning of the property and the deed restrictions which are to be applied to the property, that the full value of this property is $104, 000; and be it RESOLVED, that the City Attorney is authorized to negotiate and draft a proposed contract with the Science Discovery Center of Tompkins County for the transfer of the said property on the following terms: 1. The City will sell the said property to the Science Discovery Center of of Tompkins County for the price of $104, 000 and convey good and marketable title by bargain and sale deed. 2. The property will be surveyed with the cost of the survey to be paid by the City of Ithaca. 3 . Upon signing the contract, the Science Discovery Center of Tompkins County will deliver to the City a deposit in the amount of $25, 000. This $25, 000 deposit will be non-refundable unless the City exercises its power of eminent domain to void the contract and retain ownership of the property. 4 . The balance of the purchase price shall be paid to the City in cash or certified check at time of closing which will be held on or before December 31, 1991, time being of the essence. 15 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 5. The Science Discovery Center of Tompkins County will, upon signing of the contract, proving that they are carrying one million dollars of liability insurance naming the City as an additional insured, and agreeing to indemnify and hold the City harmless for any liability arising out of this Science Discovery Center of Tompkins County's use and occupation of the property, be entitled to occupancy of the property. 6. If, by December 31, 1993 , the Sciencenter has not been constructed and opened to the public, the City shall have the option of reacquiring the property for the price of $104, 000. 7. There will be a provision in the deed to the effect that if, for a period of 50 years after closing, the Science Discovery Center of Tompkins County intends to sell the property, it must first offer the property to the City of Ithaca for the then-appraised value of the property including the buildings thereon. The procedure for this would be that the Science Discovery Center of Tompkins County would notify the City of its intention to sell the property. The City would then, within a period of 45 days after receiving such notification, determine whether it is interested in purchasing the property for the appraised value. If the City is interested in so acquiring the property, it would notify the Science Discovery Center of Tompkins County. The Science Discovery Center of Tompkins County and the City would then agree on an appraiser to appraise the property. In the event the Science Discovery Center of Tompkins County and the City were unable to agree on such an appraiser, the issue would be resolved by arbitration. The cost of the appraisal would be split equally between the City and the Science Discovery Center of Tompkins County. Within 45 days after the appraisal was completed, the City would have the option of purchasing the property for the appraised value. In such event, the parties would immediately enter into a contract for the City to purchase the property at that price, the closing to take place within three months after signing of the contract. In the event the Science Discovery Center of Tompkins County desired to sell the property and the City did not purchase the property for the appraised value, and the Science Discovery Center of Tompkins County received a bona fide offer to purchase the property which the Science Discovery Center of Tompkins intended to accept, then the City would have the right of first refusal to acquire the property under the terms of that offer. The City would have 45 days after receipt by the City of a copy of said bona fide offer and notice that the Science Discovery Center of Tompkins County intended to accept said offer to exercise its right of first refusal. 16 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 If the Science Discovery Center of Tompkins County advised the City that it intended to sell the property and the City chose not to have the property appraised (with the City being responsible for one half of the cost of the +appraisal) , then the City of Ithaca's right of first refusal would automatically be deemed waived. 8 . There would be an additional provision in the deed to the effect that if, for a period -of 50 years after closing, the Science Discovery Center of Tompkins County intends to sell the property and does not intend to immediately open a new Sciencenter equivalent in size, scope and activity, at some other location within the City of Ithaca, the City of Ithaca shall have the option of purchasing the property at the then-appraised value of the land alone excluding improvements which have been placed upon the property. The value of the land would be determined by appraisal as above provided. 9. There shall be an additional provision in the deed providing that any buildings constructed on the property shall not exceed 40 feet in height as such term is defined in Section 30. 3 (B) (47) of the City of Ithaca Municipal Code. 10. There shall be an additional provision in the deed insuring the sharing of parking spaces by the subject premises and the adjacent premises now owned by the City of Ithaca. 11. There shall be an additional provision in the deed which would run for a period of 50 years after closing to the effect that if at any time after the initial construction of the Sciencenter there shall be any significant exterior renovations to the buildings on the premises, the plans for such exterior renovations shall be subject to the approval of the City of Ithaca. The resolution passed 3-1. Chairperson Booth voted against this motion. Alderperson Cummings vote was counted in favor of this motion. 5. D.P.W. A. Consolidation of D.P.W. - Report City Engineer Gray introduced Peter Trowbridge from the Architectural firm of Trowbridge and Trowbridge, who presented a preliminary report on the conceptual design relative to the relocation and consolidation of the Water, Sewer, and Streets and Facilities Divisions of the DPW. It was noted that the proposed Joint Transit Facility was also added to this proposed consolidation report. 17 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 The consensus of the Committee was that a great deal of work is still needed on this subject. The Committee took no action in regards to this study. B. Request to Amend the 1990 WWTP Budget and Equipment List City Engineer Gray presented a request to amend the 1990 Wastewater Treatment Plant budget and equipment list by $11,915. The equipment was approved in the 1990 WWTP budget, but the $11, 915 was put into the Laboratory Supplies account instead of the appropriate equipment account. The equipment list for the WWTP will also have to be amended to reflect the $11, 915 of added equipment items. The following motion was made: RESOLVED, that the authorized equipment list for the Ithaca Area Wastewater Treatment Plant, covered by the Joint Activity Fund, be amended as follows: Add one Computer and Plotter $4,415 Add one Refrigerator (w/Lock Mech. ) 1, 600 Add one Ice Maker (for Lab Analysis) 1, 900 Add one ISCO Flow Meter 4, 000 Total $11,915 and be it further RESOLVED, that $11,915 be transferred from Account J8150-496, Laboratory Supplies to Account J8150-225, Other Equipment, to finance such acquisitions. The resolution passed 3-0. It was noted this item was budget neutral. C. Request to Establish Temporary Position In The Water and Sewer Department City Engineer Gray presented a request to establish a temporary position of Principal Account Clerk within the Water and Sewer Division of the Department of Public Works. Bill Riker, the current Principal Account Clerk for the DPW Water and Sewer Division, will be retiring on August 4, 1990. In order to allow for a one month training and transitional period for his replacement, the establishment of a temporary position is necessary. The temporary position will end when Bill Riker retires. The funding would come from the Water and Sewer contingency funds. After a brief discussion, the following motion was made: WHEREAS, Bill Riker will be retiring from his position of Principal Account Clerk within the Water and Sewer Division of the Department of Public Works on August 4, 1990, and 18 . BUDGET AND ADMINISTRATION MINUTES - 6/20/90 WHEREAS, the City Engineer has requested that a replacement be hired prior to Mr. Riker's effective retirement date, in order to allow a one month training and transitional period, now, therefore, be it RESOLVED, that the authorized position roster of the Water and Sewer Division of the Department of Public Works be temporarily increased to reflect one additional Principal Account Clerk position, and be it further RESOLVED, that said roster shall revert back to its original staffing level subsequent to Mr. Riker's retirement. The motion passed 3-0. D. Request to Transfer Funds to Purchase Air Breathing Pump City Engineer Gray presented a request to amend the authorized equipment list to purchase one Air Breathing Pump for a cost not to exceed $1, 880. OSHA recently informed the DPW that the current equipment used by DPW employees was not in compliance with OSHA standards. The funds for this piece of equipment would be transferred within the equipment lines of the DPW and would be budget neutral. After a brief discussion on the equipment, the following motion was made: WHEREAS, during a recent safety inspection by the New York State Department of Labor, Division of Safety and Health, the Department of Public Works was informed that equipment used by employees involved in the maintenance of bridges was not in compliance with revised OSHA standards, and WHEREAS, the Board of Public Works wishes to ensure that the Bridge Maintenance Program is in compliance in all respects with OSHA standards, now, therefore, be it RESOLVED, that the authorized equipment list of the Department of Public Works be amended to include one air breathing pump, the acquisition of which shall be made within existing departmental appropriations (at an approximate cost of $1, 880. ) The motion passed 3-0. E. Staffing at Dryden Road Parking Garage - Report City Engineer Gray presented a report on a recently passed resolution by the BPW to authorize 24 hour staff operation and fee collection permanently at the Dryden Road Parking Garage. 19 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 Engineer Gray stated that the 24 hour staffing at the Dryden Road Parking Garage was being done on a temporary test basis, but because the results of the extended hours resulted in additional revenues to the City and alleviation of the congestion that previously occurred, the BPW has decided to make the 24 hour staffing permanent. City Controller Cafferillo stated that currently the City has $545, 000 budgeted for Parking Revenues and if the balance of the year remains consistent with the first five months of 1990, the City will just meet the budgeted Parking Revenues. If the 24 hour staffing were to occur, the City would have to make a new allocation of funds to cover the cost of salaries and related benefits for the 24 hour staffing. A discussion followed on Parking Revenues and Expenditures. It was recommended that the 24 hour staffing of the Dryden road Parking Garage operate on a temporary basis for another month in order to let the Controller's Office evaluate the revenue situation. The funding for the one month of temporary 24 hour staffing will come from the existing DPW budget. Item was tabled until next month. 6. Attorney A. Baling Station Status of Litigation City Attorney Guttman presented a report to the Committee on the status of the Baling Station litigation. Attorney Guttman stated that the litigation process is ongoing and we are still waiting on a decision from the Judge. Attorney Guttman stated that the fees incurred from the litigation which are payable to the Attorney hired to represent the City in this litigation, are due in the amount of $15, 090. 22 . The City budgeted $12, 141 for the litigation Attorney fees so now a shortfall exists in the amount of approximately $3 , 000. Attorney Guttman also stated that the total bill will run about $18, 000 - $20, 000 for this litigation. The Committee recommended that the current bill of $15, 090. 22 be paid from Unrestricted Contingency money and that the Attorney return to the Committee for future litigation costs relating to the Baling Station. The following motion was made: WHEREAS, the cost to date of litigation relative to the County proposal to construct and operate a Baling Transfer Station in the City of Ithaca at the Commercial Avenue site has exceeded the original allocation by approximately $3 , 000, now, therefore, be it 20 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 RESOLVED, that an additional $3 , 000 be transferred from Account A1990, Unrestricted Contingency, to Account A1420-430, Fees for Professional Services, for such purpose. The motion passed 3-0. Chairperson Booth asked the City Attorney to give an up to date status report on all litigation against the City at a future meeting. This report should list active litigation and state the nature, plaintiffs and current status of the claims. B. Building Permit Fees Because of the possibility of litigation regarding Building Permit Fees the Committee went into executive session to discuss these fees with the City Attorney. Chairperson Booth reported that the Committee took no formal action, and the item of the Building Permit Fees was tabled until next month. 7. Finance Department A. Sales Tax on Parking City Controller Cafferillo stated that he has received information from State Assemblyman Marty Luster that a resolution is going through the Assembly and possibly through the Senate that might give Municipalities an exemption from the State Sales Tax levied on off-street parking. The possibility of this exemption being approved before the recess of the Assembly at the end of June is remote. Until a decision is made on the possible exemption, the City owes Sales Tax on off-street parking as of June 1, 1990. Controller Cafferillo stated the City has three options: 1. Collect sales tax at the parking ramp booths and add 7 cents to every $1. 00 taken in. 2 . Amend the Ramp and Meter fees to include the sales tax. 3 . Extract 7% of the parking revenues that will be derived from 6/1/90 - 12/31/90 and pay it to the State. This will give the City a shortfall of $20, 000 - $25, 000 for the balance of 1990. The parking rate then can be adjusted for January 1, 1991. Controller Cafferillo recommended that the rates either be increased or the 7% be collected at each off-street parking 21 • BUDGET AND ADMINISTRATION MINUTES - 6/20/90 booth. The Conference of Mayors has asked each State Municipality to respond to the sales tax on off-street parking issue and to estimate how long it will take to establish. The City will respond by stating it does not agree with the State decision and that it will take the balance of 1990 to enact the addition of sales tax to the parking fee and meters. After a discussion on the sales tax addition to the off-street parking, the following motion was made: WHEREAS, Legislation recently enacted by the State of New York in conjunction with the adoption of the 1990-91 State budget now requires that sales tax be charged on all off-street parking fees, retroactive to June 1, 1990, and WHEREAS, even though the Mayor has joined Municipalities across the State voicing opposition to said enactment, and WHEREAS, at this point in time it is unknown as to whether a delay until January 1, 1991, or an eventual repeal of such legislation can be won at the State level, and WHEREAS, to avoid a significant shortfall in our 1990 revenue estimated to be derived from off-street parking, the Budget and Administration Committee in conjunction with the City Controller have recommended that sales tax be collected where practicable, effective as soon as possible, now, therefore, be it RESOLVED, that sales tax be collected at all City operated parking lots and ramps, and that such applicable tax be added to all parking permits issued for the month of August and thereafter, and be it further RESOLVED, that the Board of Public Works be asked to evaluate the possibility of adjusting parking meters utilized in certain off-street lots to off-set the City's obligation to report and transmit sales tax revenues to the State. The motion passed 3-0. B. Amend Capital Project - City Hall Phone System City Controller Cafferillo presented an amendment to capital project #232 . Controller Cafferillo stated that two bids were received for the City Hall Telephone System. The two bids were as follows: Total Cost All-Mode Communications $57, 582 . 00 AT&T $78, 571. 51 22 BUDGET AND ADMINISTRATION MINUTES - 6/20/90 The All-Mode bid was the lower bid by $20,989. Therefore, the Controller recommended that the All-Mode bid be accepted as it is the lowest bid. The bids had two alternatives. One alternative was to include a performance bond, and the other alternate was to include a long distance tracking system software. The City department heads have recommended that the tracking system software be included in the new telephone system. This software would permit the tracking of all long distance calls made by the City. The original capital project for the City Hall telephone system was approved for $50, 000. The All-Mode bid inclusive of both alternatives was $57, 582 . A contingency was requested to allow for prioritized upgrades of various telephone units and the addition of new units for new personnel in the amount of $2 ,481. This would give a total cost of $60, 000. The Controller requested an increase of $10, 000 in the authorization for capital project #232 . After a brief discussion the following motion was made: WHEREAS, the low bid received on May 18, 1990 for the purchase, installation and operational training relative to the replacement of the City Hall Telephone System, exceeded the original project estimate of $50, 000, by $2 , 686; and WHEREAS, a Committee comprised of all Department Heads served by the proposed system, has recommended that the contract for said system, inclusive of alternates 1 and 2 , be awarded to the low bidder, All-Mode Communications, now, therefore, be it RESOLVED, that Capital Project #232 for the purchase and installation of a City Hall Telephone System be increased by $10, 000 to an amended maximum authorization of $60,000, which amount shall permit the award of the base bid of $52, 686, alternates 1 and 2, totaling $4, 896, and an equipment and/or installation contingency of $2, 418 . , and be it further RESOLVED, that the Mayor be authorized to execute a contract with the low bidder, All-Mode Communications, for the purchase of equipment, installation and training consistent with such amended project budget, and be it finally RESOLVED, that the City Controller be authorized to advance said $10, 000 from available general fund moneys to Capital Project #232. pending the issuance of an additional $10, 000 in Bond Anticipation Notes at the time the existing project financing is renewed. The motion passed 2-0-1. Alderperson Romanowski abstained because of a conflict of interest. 23 • BUDGET AND ADMINISTRATION MINUTES - 6/20/90 C. Tipping Fee - Report City Controller Cafferillo gave a report on the actual tonnage vs. estimated tonnage at the County Landfill. Controller Cafferillo stated that the actual tonnage for the first three months of 1990 was lower than the estimated tonnage. The reasons for this lower actual amount are as follows: 1. Commercial entities are using private haulers more often. 2 . The recycling program is being utilized to a greater extent. Controller Cafferillo also reported that the Landfill received a six month extension beginning January 1, 1990 before it has to close. It was noted that Jim Kelly will make a monthly report on the Landfill usage. No action was taken on this issue. D. Request for Controller to Make Amendments to the 1990 Budget City Controller Cafferillo presented a request to allow the Controller to make minor amendments to the 1990 budget within existing appropriations. The request is geared toward the City Departments and to try to reduce the number of small budget amendments that go to B&A every month. The B&A Committee wanted an upset amount of $5, 000 put on the transfers. Also, the Controller's . Office will make available a report to the B&A Committee each month as to the nature, number and dollar amount of all transfers made during that month. The Controller's Office will also have the right to send any transfers to the B&A Committee for approval. After a brief discussion, the following motion was made: WHEREAS, the City Controller has proposed a revised system of amending Departmental Budget Appropriations up to $5, 000 per instance, and within existing funding levels, without the currently required actions by the Budget and Administration Committee and Common Council, now, therefore, be it RESOLVED, that the City Controller be and is hereby authorized to make requested budget transfers and amendments up to a maximum of $5, 000 per instance based on written supportive departmental documentation provided; that at the Controller's discretion, any such departmental request may be subjected to B&A and Council action; and further provided that the City Controller shall report in writing each month 24 s BUDGET AND ADMINISTRATION MINUTES - 6/20/90 to the B&A Committee regarding the nature and magnitude of all transfers that have been made during that period. The motion passed 3-0. E. City Pay Phone Contract - Report Deputy City Controller Thayer gave the Committee a report on the current status of City Pay Phone contract. Last month, Rochester Tel/RCI, the long distance subsidiary of Rochester Tel, submitted a proposal to the City regarding the City pay phones. The Rochester Tel/RCI proposal was for a 15% commission based on pay phone usage. AT&T also submitted a proposal regarding City pay phones. In 1989 the City entered into an agreement with AT&T to carry the long distance service for the City of Ithaca. This agreement was for two years and will end in January 1991. Under the agreement the City is receiving a 6% commission from AT&T based on the phone usage. Deputy Controller Thayer stated that because AT&T had entered into an agreement with Public Technology, Inc. , they could now increase their pay phone commissions based on nationwide usage. AT&T offered the City an amendment to the current pay phone agreement. The amendment would give the City a current revenue commission, on the City's public pay phone usage, of 16%. The amendment also states that the revenue commission will not fall below 14% and has the potential to increase to 20%. The amount of revenue generated by the commission will be based on actual public pay phone usage. It was the consensus of the Committee to continue using AT&T and to sign the new amendment. No formal action was taken. The meeting was adjourned at 12 : 35 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. 25