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
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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:
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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
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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