Council stalemate stalls move to end parks plan contract

Wednesday, January 9, 2008

"Since the money for the parks capital improvement projects comes from a sales tax that is separate from the rest of the city's budget, I have a problem with using the city's financial problems as an excuse to stop work on those projects," councilman Tim Wells, told the Nevada City Council before they deadlocked on an ordinance to terminate the city's contract with Adams & Associates to develop a master plan for the city's park system.

"It troubles me that we are tying this to budget problems that don't exist," Wells said.

According to city manager Bill McGuire the city council stopped work on the parks capital improvement projects in October 2006 because of the city's financial crisis.

The money collected from the city's 1/2-cent parks capital improvement sales tax is earmarked for specific capital improvement projects, like the community center, Earp Park, new lights at Lyon Stadium and Bushwhacker Field, improvements at Twin Lakes and the Frank E. Peters Municipal Golf Course and cannot be used for any other purposes.

The contract with Nevada architects Adams and Associates and Bucher, Willis, Ratliff of Kansas City was approved by the city council Dec. 29, 2005, at a total cost of $117,527 to develop a master plan for the city parks. When the work was stopped on the project the city had paid Adams and Associates $45,544.34 for work that had been completed and during 2007 the city had requested additional information from Adams at a cost of $4,671.95 that has not been paid. The contract also includes a termination fee of $7,557.13, for a total of $12,229.08 the city will owe to terminate the contract without cause.

Termination fees are common in architectural and engineering contracts.

"How much will we save if we terminate the contract?" councilman Bill Gillette asked.

After doing some calculations, McGuire, told him terminating the contract would save about $60,000; but later in the discussion, he also indicated that professional architectural and engineering services could be needed for projects selected by the parks board, which is working to develop a plan of its own.

According to the information included with the ordinance to terminate the agreement with Adams and Associates "Budget problems persist and the Parks and Recreation Board established subcommittees of its members to continue a concept plan. It seems to be a consensus that, while the work done by Adams and Associates is excellent, funds are not available to continue to pay for the service."

According to the 2008 Nevada fiscal budget the parks construction fund has more than $854,000 available from previous years' sales tax collections and according to the budget estimates for 2008 the city anticipates collecting an additional $750,000 during 2008. Of that, about $550,000 will be available for the capital improvement projects after $205,000 is transferred to the parks fund to replace the parks and recreation property tax that was rolled back to zero for the nine-year life of the sales tax.

The city has budgeted a total of $1.37 million for park construction projects during 2008.

Councilmen Tim Wells and Mike Hutchens voted against the measure and Bill Edmonds and Bill Gillette voted for the ordinance. Russ Kemm was excused.

The 2-2 vote means the ordinance neither failed nor passed so it can be placed on the Jan. 18 agenda by the mayor for a second vote.

McGuire told the council, in response to a question from councilman Mike Hutchens, that when the parks board is finished with their conceptual plan they will work with the city staff to develop recommendations for the council to consider for necessary architectural or engineering professional services.

"I would recommend that each project be done separately and on its' own merits," McGuire told the council.

Hutchens told the council before they voted on the ordinance that he had some additional questions that he needed to consider further and he would present them at the second reading of the ordinance.

"I have heard from three members of the parks board who said that they want to continue working with Adams," Wells said.

In other business the council:

* Voted 4-0 to pass a special ordinance amending the Police Department's 2008 budget to allow the department to use a $8,100 grant they have received to buy new light bars for 11 police vehicles.

* Passed on first reading a special ordinance approving a service agreement with the Nevada-Vernon County Chamber of Commerce to provide tourism and marketing services for the city of Nevada.

* Voted 4-0 to adopt Resolution No. 1213 waiving the sections of the city code prohibiting the discharge of firearms inside the city limits to allow the Missouri Osage Territory Muzzle Loader Black Powder Competition to be held Sept. 4, 5, 6 and 7 at Marmaduke Park.

* Voted 3-1, with Mike Hutchens voting no, to pass on second reading a general ordinance amending the city code that regulates city employees ability to run for elective offices,

* Gave final approval to a special ordinance declaring the beacon tower, the rotating beacon light, the V.A.S.I. lights and the runway lights removed from the Municipal Airport surplus property so they can be sold. Any proceeds from the sale of these items will be used to pay for furnishings for the new airport terminal building.

* Passed on second reading a special ordinance allowing lot No. 1 in the Rolling Meadows subdivision to be connected to the city's sewer system,

* Voted 4-0 to pass on second reading a special ordinance accepting the dedication of Deer Run and Brentwood drives in the Deer Run Subdivision to the city by J. C. and Barbara Wiseman.

* Passed on second reading a special ordinance changing the zoning at 428 E. Highland St. from R-1, single family residential, to C-0 non-retail commercial offices.

* Gave final approval to a special ordinance approving a $290,258 settlement agreement with AT&T Mobility for payment of business licenses taxes.

Respond to this story

Posting a comment requires free registration: